Notice2023-19204
Large Diameter Welded Pipe From the Republic of Turkey: Final Results of Antidumping Duty Administrative Review and Final 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
September 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines 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 during the period of review (POR) May 1, 2021, through April 30, 2022. Additionally, Commerce determines that four companies for which we initiated a review had no shipments during the POR.
Full Text
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<title>Federal Register, Volume 88 Issue 172 (Thursday, September 7, 2023)</title>
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[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61504-61506]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19204]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-833]
Large Diameter Welded Pipe From the Republic of Turkey: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines 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 during
the period of review (POR) May 1, 2021, through April 30, 2022.
Additionally, Commerce determines that four companies for which we
initiated a review had no shipments during the POR.
[[Page 61505]]
DATES: Applicable September 7, 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
On September 1, 2022, Commerce published the Preliminary Results
and invited comments from interested parties.\1\ No interested party
submitted comments. Accordingly, as the final results remain unchanged
from the Preliminary Results, there is no decision memorandum
accompanying this notice. Commerce conducted this administrative review
in accordance with section 751 of the Tariff Act of 1930, as amended
(the Act).
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\1\ See Large Diameter Welded Pipe from the Republic of Turkey:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2021-2022, 88 FR 37017
(June 6, 2023) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
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Scope of the Order \2\
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\2\ 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).
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The merchandise covered by this Order is welded pipe. For a
complete description of the scope of the Order, see the Preliminary
Results.\3\
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\3\ See Preliminary Results PDM at 3.
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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 rate 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 investigation, for guidance when
calculating the rate 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 ``an amount
equal to the weighted average of the estimated weighted average dumping
margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .''
For these final results, we continue to determine that the
weighted-average dumping margin for HDM Celik is zero percent.
Therefore, consistent with our practice, we are 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.\4\ The companies not selected for individual examination
are listed in the Appendix to this notice.
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\4\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016).
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Final Determination of No Shipments
In the Preliminary Results, Commerce determined that four companies
did not have suspended entries of subject merchandise during the
POR.\5\ No parties commented on Commerce's preliminary no-shipments
determination. Therefore, for these final results, we continue to
determine that Cimtas, Noksel, Toscelik Profil, and Toscelik Spiral had
no shipments of subject merchandise during the POR.
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\5\ See Preliminary Results, 88 FR at 37017. These four
companies are [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).
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Final Results of Review
For these final results, we 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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Disclosure
Normally, Commerce will disclose to the parties in a proceeding the
calculations performed in connection with the final results of review
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of the notice
of final results in the Federal Register, in accordance with 19 CFR
351.224(b). However, because we have made no changes from the
Preliminary Results, there are no new calculations to disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. 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).
Commerce calculated a weighted-average dumping margin for HDM Celik
of zero in the final results of this review. Accordingly, we intend to
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties. For entries of subject merchandise during the POR
produced by HDM Celik and for which HDM Celik did not know its
merchandise was destined for the United States, we will instruct CBP to
liquidate unreviewed entries at the all-others rate in the Amended
Final Determination of the less-than-fair-value investigation (i.e.,
1.57 percent),\6\ if there is no rate for the intermediate company(ies)
involved in the transaction.\7\
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\6\ 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).
\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies that were not selected for individual examination
in this review, we have assigned them the weighted-average dumping
margin calculated for HDM Celik (i.e., zero percent). Accordingly, we
will instruct CBP to liquidate suspended entries during the POR for
these companies without regard to antidumping duties. Finally, because
we determined that Cimtas, 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 at the all-others rate, if there is
no rate for the intermediate company(ies) involved in the transaction.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of these final results of
administrative review for all shipments of the subject
[[Page 61506]]
merchandise entered, or withdrawn from warehouse, for consumption on or
after the publication date, as provided by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for the companies listed in the final
results of review 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 original 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.\8\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\8\ See Amended Final Determination, 85 FR at 35263.
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return or destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a sanctionable violation.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: August 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Companies Not Selected for Individual Examination
1. Borusan Mannesmann Boru Sanayi ve Ticaret A.S.\9\
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\9\ 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. 2023-19204 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 7, 2023.
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