Notice2023-12026
Large Diameter Welded Pipe From the Republic of Turkey: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that large diameter welded pipe (welded pipe) from the Republic of Turkey (Turkey) is not being sold in the United States at less than normal value (NV) during the period of review (POR) May 1, 2021, through April 30, 2022. Additionally, Commerce preliminarily determines that four companies for which we initiated a review had no shipments during the POR. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 108 (Tuesday, June 6, 2023)</title>
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[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37017-37019]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12026]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-833]
Large Diameter Welded Pipe From the Republic of Turkey:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that large diameter welded pipe (welded pipe) from the
Republic of Turkey (Turkey) is not being sold in the United States at
less than normal value (NV) during the period of review (POR) May 1,
2021, through April 30, 2022. Additionally, Commerce preliminarily
determines that four companies for which we initiated a review had no
shipments during the POR. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT: Ajay Menon, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-0208.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
order on welded pipe from Turkey.\1\ On May 1, 2022, Commerce published
in the Federal Register a notice of opportunity to request an
administrative review of the Order.\2\ On July 14, 2022, based on a
timely request for review, in accordance with 19 CFR 351.221(c)(1)(i),
Commerce initiated an administrative review of the Order.\3\ This
review covers 14 producers or exporters of the subject merchandise.
Commerce selected HDM Celik Boru Sanayi Ve Ticaret A.S. (HDM Celik),\4\
the only company with suspended entries of subject merchandise during
the POR, as the mandatory respondent in this review.\5\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\6\
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\1\ See Large Diameter Welded Pipe from the Republic of Turkey:
Amended Final Affirmative Antidumping Duty Determination and
Antidumping Duty Order, 84 FR 18799 (May 2, 2019) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 25619 (May 2,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022).
\4\ In the less-than-fair-value (LTFV) investigation, Commerce
found that, in 2017, after HDM Celik acquired HDM Spiral Kaynakli
Celik Boru A.S. (HDM Spiral), HDM Spiral ceased to exist. See Large
Diameter Welded Pipe from the Republic of Turkey: Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 83 FR 43646, 43647 (August 27, 2018), unchanged
in Large Diameter Welded Pipe from the Republic of Turkey: Final
Determination of Sales at Less Than Fair Value, 84 FR 6362 (February
27, 2019).
\5\ See Memorandum, ``Respondent Selection,'' dated August 2,
2022.
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Administrative Review of the Antidumping
Duty Order on Large Diameter Welded Pipe from the Republic of
Turkey,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by this Order is welded pipe.\7\ The
product is currently classifiable in the Harmonized Tariff Schedule of
the United States (HTSUS) under subheadings 7305.11.1030, 7305.11.1060,
7305.11.5000, 7305.12.1030, 7305.12.1060, 7305.12.5000, 7305.19.1030,
7305.19.1060, 7305.19.5000, 7305.31.4000, 7305.31.6090, 7305.39.1000
and 7305.39.5000. While the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of this Order is dispositive.
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\7\ For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum.
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price is calculated in accordance with section 772 of the Act.
NV is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
Appendix I to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Determination of No Shipments
Among the companies under review, [Ccedil]imta[scedil] Boru
Imalatiral Ticaret Ltd (Cimtas); Noksel Celik Boru Sanayi A.S.
(Noksel); and Toscelik Profil ve Sac End. A.S. (AKA Toscelik Profile
and Sheet Ind. Co.) (Toscelik Profil) and Toscelik Spiral Boru Uretim
A.S. (Toscelik Spiral) properly filed statements that they made no
shipments of subject merchandise to the United States during the
POR.\8\ Based on their certifications and our analysis of U.S. Customs
and Border Protection (CBP) information, we preliminarily determine
that Cimtas, Noksel, Toscelik Profil, and Toscelik Spiral had no
shipments during the POR.\9\ Consistent with our practice, we are not
preliminarily rescinding the review with respect to the companies.
Instead, we will complete the review and issue
[[Page 37018]]
appropriate instructions to CBP based on the final results of this
review.\10\
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\8\ See Toscelik Profil's and Toscelik Spiral's Letter, ``No
Shipments Letter,'' dated June 12, 2022; Noksel's Letter, ``No
Shipments Letter,'' dated July 27, 2022; and Cimtas' Letter, ``No
Shipments Letter,'' dated August 12, 2022.
\9\ See Memorandum, ``No Shipment Inquiry for Multiple Companies
During the period 05/01/2021 through 04/30/2022,'' dated January 9,
2023.
\10\ See, e.g., Welded Line Pipe from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2019-2020, 87 FR 928
(January 7, 2022), unchanged in Welded Line Pipe from the Republic
of Korea: Final Results of Antidumping Duty Administrative Review;
2019-2020, 87 FR 38061 (June 27, 2022).
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Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margins exist for the period May 1,
2021, through April 30, 2022:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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HDM Celik Boru Sanayi Ve Ticaret A.S........................ 0.00
Companies Not Selected for Individual Examination........... 0.00
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Rate for Companies Not Selected for Individual Examination
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin to be applied to companies not
selected for individual examination when Commerce limits its
examination in an administrative review pursuant to section 777A(c)(2)
of the Act. Generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in an
LTFV investigation, for guidance when calculating the weighted-average
dumping margin for companies which were not selected for individual
examination in an administrative review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally equal to the weighted average
of the estimated weighted-average dumping margins established for
exporters and producers individually examined, excluding rates that are
zero, de minimis (i.e., less than 0.5 percent), or determined entirely
on the basis of facts available.
Where the dumping margin for individually examined respondents are
all zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method to establish the estimated all-others rate for exporters and
producers not individually investigated, including averaging the
estimated weighted average dumping margins determined for the exporters
and producers individually investigated.''
In this review, Commerce preliminarily determines that the
weighted-average dumping margin for HDM Celik is zero percent.
Therefore, in accordance with section 735(c)(5)(B) of the Act, we are
preliminarily applying a rate of zero percent to the companies not
selected for individual examination because we calculated a rate of
zero percent for the mandatory respondent. The companies not selected
for individual examination are listed in Appendix II.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\11\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\12\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the time limit for filing case briefs.\13\ Parties who submit
case briefs or rebuttal briefs in this review are encouraged to submit
with each argument: (1) a statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\14\
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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(c).
\13\ See 19 CFR 351.309(d).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\15\ An electronically-
filed document must be received successfully in its entirety by ACCESS
by 5 p.m. Eastern Time on the established deadline. Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\16\
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\15\ See 19 CFR 351.303.
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\17\ Hearing requests should contain: (1)
the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing.\18\
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\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310(d).
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Final Results of Review
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice in the Federal Register, unless otherwise extended.\19\
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\19\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\20\ Pursuant to 19 CFR 351.212(b)(1),
because HDM Celik reported the entered value for all of its U.S. sales,
for HDM Celik we intend to calculate importer-specific ad valorem
antidumping duty assessment rates based on the ratio of the total
amount of dumping calculated for the examined sales for each importer
to the total entered value of those sales. Where the respondent's
weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c), or an importer-specific assessment rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\20\ See 19 CFR 351.212(b)(1).
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Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by HDM Celik for which it
did not know that the merchandise it sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company involved in the transaction.\21\
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\21\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the companies which were not selected for individual
examination, we intend to assign an antidumping duty assessment rate
equal to the weighted-average dumping margin calculated in the final
results of this review for HDM Celik. Further, if we continue to find
in the final results that [Ccedil]imta[scedil], Noksel, Toscelik
Profil, and Toscelik Spiral had no shipments of subject merchandise
during the POR, we will instruct CBP to liquidate any suspended entries
that entered under their antidumping duty case numbers (i.e., at that
exporter's rate) at the all-others rate if there is no
[[Page 37019]]
rate for the intermediate company(ies) involved in the transaction.
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of subject merchandise during the POR,
and for future cash deposits of estimated antidumping duties, where
applicable. Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after the date of publication of the final results
of this review in the Federal Register. If a timely summons is filed at
the U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
listed above will be equal to the weighted-average dumping margin
established in the final results of this review, except if the rate is
less than 0.50 percent and, therefore, de minimis within the meaning of
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(2) for previously reviewed or investigated companies not covered by
this review, the cash deposit will continue to be the company-specific
rate published for the most recently completed segment of this
proceeding in which the company participated; (3) if the exporter is
not a firm covered in this review, or the LTFV investigation, but the
producer is, then the cash deposit rate will be the rate established
for the most recently completed segment for the producer of the subject
merchandise; and (4) the cash deposit rate for all other producers and
exporters will continue to be 1.57 percent, the all-others rate
established in the amended final determination of the LTFV
investigation.\22\
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\22\ See Large Diameter Welded Pipe from the Republic of Turkey:
Notice of Court Decision Not in Harmony With Amended Final
Determination in the Less-Than-Fair-Value Investigation; Notice of
Amended Final Determination Pursuant to Court Decision; and Notice
of Revocation of Antidumping Duty Order, in Part, 85 FR 35262, 35263
(June 9, 2020) (Amended Final Determination).
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These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
Appendix II
List of Companies Not Selected for Individual Examination
1. Borusan Mannesmann Boru Sanayi ve Ticaret A.S.\23\
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\23\ Subject merchandise produced and exported by Borusan
Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan) was excluded from
the order effective June 1, 2020. See Amended Final Determination,
85 FR at 35264. Commerce also stated in this notice that it would
not initiate a new review of Borusan's entries. Accordingly, Borusan
is only covered by this administrative review for subject
merchandise produced in Turkey where Borusan acted as either the
producer or exporter, but not both.
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2. Borusan Istikbal Ticaret
3. Cagil Makina San ve Tic A.S. AKA Cagil Makina A.S.
4. Spirally Welded Steel Pipe Inc.
5. Emek Boru Makina Sanayi ve Ticaret A.S.
6. Erciyas Celik Boru Sanayi A.S.
7. Mazlum Mangtay Boru Son. Ins. Tar. Urn. San. ve Tic. A.S.
8. Ozbal Celik Boru San. Tic. Ve TAAH A.S.
9. Umran Celik Boru Sanayii A.S.
[FR Doc. 2023-12026 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 6, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.