Notice2024-03856
Circular Welded Carbon Steel Standard Pipe and Tube Products From the Republic of Turkey; Welded Line Pipe From the Republic of Turkey; Certain Oil Tubular Goods From the Republic of Turkey; and Large Diameter Welded Pipe From the Republic of Turkey: Notice of Initiation of Antidumping Duty and Countervailing Duty Changed Circumstances Reviews
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
February 26, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is initiating changed circumstances reviews (CCRs) to determine if Borusan Birle[scedil]ik Boru Fabrikalari Sanayi ve Ticaret A.S. (Borusan Boru) is the successor-in-interest to Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (BMB) in the context of the antidumping duty (AD) and countervailing duty (CVD) orders on circular welded carbon steel standard pipe and tube products (standard pipe), welded line pipe (WLP), certain oil tubular goods (OCTG), and large diameter welded pipe (LDWP) from the Republic of Turkey (Turkey).
Full Text
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<title>Federal Register, Volume 89 Issue 38 (Monday, February 26, 2024)</title>
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[Federal Register Volume 89, Number 38 (Monday, February 26, 2024)]
[Notices]
[Pages 14052-14053]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03856]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501, C-489-502, A-489-822, C-489-823, A-489-816, C-489-817, A-
489-833, C-489-834]
Circular Welded Carbon Steel Standard Pipe and Tube Products From
the Republic of Turkey; Welded Line Pipe From the Republic of Turkey;
Certain Oil Tubular Goods From the Republic of Turkey; and Large
Diameter Welded Pipe From the Republic of Turkey: Notice of Initiation
of Antidumping Duty and Countervailing Duty Changed Circumstances
Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is initiating
changed circumstances reviews (CCRs) to determine if Borusan
Birle[scedil]ik Boru Fabrikalari Sanayi ve Ticaret A.S. (Borusan Boru)
is the successor-in-interest to Borusan Mannesmann Boru Sanayi ve
Ticaret A.S. (BMB) in the context of the antidumping duty (AD) and
countervailing duty (CVD) orders on circular welded carbon steel
standard pipe and tube products (standard pipe), welded line pipe
(WLP), certain oil tubular goods (OCTG), and large diameter welded pipe
(LDWP) from the Republic of Turkey (Turkey).
DATES: Applicable February 26, 2024.
FOR FURTHER INFORMATION CONTACT: Herawe Kebede, 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) 482-4312.
SUPPLEMENTARY INFORMATION:
Background
On May 15, 1986, March 7, 1986, December 1, 2015, September 10,
2014, and May 2, 2019, respectively, Commerce published in the Federal
[[Page 14053]]
Register AD and CVD orders on standard pipe, WLP, OCTG, and LDWP from
Turkey.\1\ On January 9, 2024, Borusan Boru requested that, pursuant to
section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), 19
CFR 351.216, and 19 CFR 351.221(c)(3), Commerce conduct expedited CCRs
to determine that Borusan Boru is the successor-in-interest to BMB and
accordingly to: (1) assign it the cash deposit rates currently
applicable to BMB pursuant to Standard Pipe AD Order; Standard Pipe CVD
Order; Welded Line Pipe AD Order; Welded Line Pipe CVD Order; and OCTG
CVD Order; and (2) exclude it from OCTG AD Order; LDWP AD Order; and
LDWP CVD Order.\2\ In its submission, Borusan Boru stated that in 2023
it changed its name from BMB pursuant to the termination of its
partnership with Salzgitter Mannesmann GmbH.\3\
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\1\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986)
(Standard Pipe AD Order); Countervailing Duty Order: Certain Welded
Carbon Steel Pipe and Tube Products from Turkey, 51 FR 7984 (March
7, 1986) (Standard Pipe CVD Order); Welded Line Pipe from the
Republic of Korea and the Republic of Turkey: Antidumping Duty
Orders, 80 FR 75056 (December 1, 2015) (Welded Line Pipe AD Order);
Welded Line Pipe from the Republic of Turkey: Countervailing Duty
Order, 80 FR 75054 (December 1, 2015) (Welded Line Pipe CVD Order);
Certain Oil Country Tubular Goods from India, the Republic of Korea,
Taiwan, the Republic of Turkey, and the Socialist Republic of
Vietnam: Antidumping Duty Orders; and Certain Oil Country Tubular
Goods from the Socialist Republic of Vietnam: Amended Final
Determination of Sales at Less Than Fair Value, 79 FR 53691, 53693
(September 10, 2014) (OCTG AD Order); Certain Oil Country Tubular
Goods from India and the Republic of Turkey: Countervailing Duty
Orders and Amended Affirmative Final Countervailing Duty
Determination for India, 79 FR 53688 (September 10, 2014) (OCTG CVD
Order); 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) (LDWP AD Order);
and Large Diameter Welded Pipe from the Republic of Turkey:
Countervailing Duty Order, 84 FR 18771 (May 2, 2019) (LDWP CVD
Order).
\2\ See Borusan Boru's Letter, ``Notification of Company Name
Change and Request for Changed Circumstances Review, If Deemed
Necessary: Name Change of Borusan Mannesmann Boru Sanayi ve Ticaret
A.S. and Boruson Mannesmann Pipe U.S.,'' dated January 8, 2024
(Borusan Boru's CCR Request). In Borusan Boru's CCR Request, Borusan
Boru also requested that Commerce conduct a CCR to determine if
Borusan Mannesmann Pipe U.S. is the successor-in-interest to Borusan
Pipe U.S. Inc. However, because we do not assign cash deposit rates
to U.S. companies, we do not intend to conduct this analysis.
\3\ Id.
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Scope of the Orders
The merchandise covered by these orders is standard pipe, WLP,
OCTG, and LDWP from Turkey. For a complete description of the scope of
each of these orders, see Standard Pipe AD Order; Standard Pipe CVD
Order; Welded Line Pipe AD Order; Welded Line Pipe CVD Order; OCTG AD
Order; OCTG CVD Order; LDWP AD Order; and LDWP CVD Order.\4\
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\4\ See Standard Pipe AD Order, 51 FR at 17784; Standard Pipe
CVD Order, 51 FR at 7984; Welded Line Pipe AD Order, 80 FR at 75056-
57; Welded Line Pipe CVD Order, 80 FR at 75054; OCTG AD Order, 79 FR
at 53691-92; OCTG CVD Order, 79 FR at 53689; LDWP AD Order, 84 FR at
18801; and LDWP CVD Order, 84 FR at 18773.
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Initiation of CCRs
Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d),
Commerce conducts a CCR upon receipt of information concerning, or a
request from, an interested party for a review of an AD or CVD order
which shows changed circumstances sufficient to warrant a review of the
order. The information submitted by Borusan Boru regarding its claim
that it is the successor-in-interest to BMB demonstrates changed
circumstances sufficient to warrant the initiation of such reviews.\5\
Therefore, in accordance with section 751(b)(1)(A) of the Act and 19
CFR 351.216(d) and (e), we are initiating these CCRs.
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\5\ See Borusan Boru's CCR Request.
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In making a successor-in-interest determination, Commerce examines
several factors, including, but not limited to, changes in the
following: (1) management; (2) production facilities; (3) supplier
relationships; and (4) customer base.\6\ While no single factor or
combination of factors will necessarily provide a dispositive
indication of a successor-in-interest relationship, generally, Commerce
will consider the new company to be the successor to the previous
company if the new company's resulting operation is not materially
dissimilar to that of its predecessor.\7\ Thus, if the record evidence
demonstrates that, with respect to the production and sale of the
subject merchandise, the new company operates as the same business
entity as the predecessor company, Commerce may assign the new company
the cash deposit rate of its predecessor.\8\
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\6\ See, e.g., Certain Frozen Warmwater Shrimp from India:
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review, 81 FR 75376 (October 31, 2016) (Shrimp from
India Preliminary Results), unchanged in Certain Frozen Warmwater
Shrimp from India: Notice of Final Results of Antidumping Duty
Changed Circumstances Review, 81 FR 90774 (December 15, 2016)
(Shrimp from India Final Results).
\7\ See, e.g., Shrimp from India Preliminary Results, 81 FR at
75377, unchanged in Shrimp from India Final Results, 81 FR at 90774.
\8\ Id.; see also Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative Review:
Polychloroprene Rubber from Japan, 67 FR 58, 59 (January 2, 2002);
Ball Bearings and Parts Thereof from France: Final Results of
Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010);
and Circular Welded Non-Alloy Steel Pipe from the Republic of Korea;
Preliminary Results of Antidumping Duty Changed Circumstances
Review, 63 FR 14679 (March 26, 1998), unchanged in Circular Welded
Non-Alloy Steel Pipe from Korea; Final Results of Antidumping Duty
Changed Circumstances Review, 63 FR 20572 (April 27, 1998), in which
Commerce found that a company which only changed its name and did
not change its operations is a successor-in-interest to the company
before it changed its name.
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Pursuant to 19 CFR 351.221(c)(3)(ii), Commerce may combine the
notices of initiation and preliminary results of a CCR into a single
notice if it concludes that expedited action is warranted. We have
determined that it is appropriate to further consider, and potentially
seek additional information regarding, certain factors noted above that
Commerce examines in a successor-in-interest determination. Therefore,
we find that expedited action is not warranted. Commerce intends to
make its preliminary determinations and to publish in the Federal
Register a notice of the preliminary results of these CCRs, in
accordance with 19 CFR 351.221(b)(4) and (c)(3)(i), which will set
forth Commerce's preliminary factual and legal conclusions. Pursuant to
19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity
to comment on the preliminary results.
Unless extended, Commerce intends to issue the final results of
this CCR within 270 days after the date of initiation, in accordance
with 19 CFR 351.216(e).
Notification to Interested Parties
We are issuing this notice in accordance with sections 751(b)(1)
and 777(i) of the Act and 19 CFR 351.216(b) and 351.221(b)(1).
Dated: February 20, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2024-03856 Filed 2-23-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 26, 2024.
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