Notice2024-12403
Circular Welded Carbon Steel Standard Pipe and Tube Products From Türkiye: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
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, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that the sole mandatory respondent in this administrative review, Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret T.A.S. (collectively, Borusan), an exporter subject to this administrative review, made sales of subject merchandise at less than normal value (NV) during the period of review (POR) May 1, 2022, through April 30, 2023. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 110 (Thursday, June 6, 2024)</title>
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[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48374-48376]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12403]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Circular Welded Carbon Steel Standard Pipe and Tube Products From
T[uuml]rkiye: Preliminary Results of Antidumping Duty Administrative
Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the sole mandatory respondent in this administrative
review, Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan
Istikbal Ticaret T.A.S. (collectively, Borusan), an exporter subject to
this administrative review, made sales of subject merchandise at less
than normal value (NV) during the period of review (POR) May 1, 2022,
through April 30, 2023. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable June 6, 2024.
FOR FURTHER INFORMATION CONTACT: Paul Kebker, AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-2254.
SUPPLEMENTARY INFORMATION:
Background
On July 12, 2023, based on timely request for a review, in
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated this
administrative review of the antidumping duty order on circular welded
carbon steel standard pipe and tube products from T[uuml]rkiye,
covering one company, Borusan Mannesmann Boru Sanayi ve Ticaret A.S.\1\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 2023); see also
Antidumping Duty Order; Welded Carbon Steel Standard Pipe and Tube
Products from Turkey, 51 FR 17784 (May 15, 1986) (Order).
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On January 4, 2024, Commerce extended the preliminary results of
this review by 120 days, until May 30, 2024.\2\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\3\
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\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated January
4, 2024.
\3\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Circular Welded
Carbon Steel Standard Pipe and Tube Products from T[uuml]rkiye;
2022-2023'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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\4\ See Order.
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The merchandise covered by the Order is circular welded carbon
steel standard pipe and tube products. The products covered by this
Order are currently classified under the following Harmonized Tariff
Schedule of the United States (HTSUS) subheadings: 7306.30.1000,
7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085,
and 7306.30.5090. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
merchandise covered by this Order is dispositive. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.\5\
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\5\ See Preliminary Decision Memorandum.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are 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.\6\ A list of
topics discussed in the Preliminary Decision Memorandum is included at
the appendix 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>.
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\6\ Id.
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Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period May 1, 2022, through April 30,
2023:
[[Page 48375]]
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan 5.67
Istikbal Ticaret T.A.S \7\................................
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Assessment Rates
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\7\ In prior segments of this proceeding, we treated Borusan
Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret
T.A.S. as a single entity. See, e.g., Welded Carbon Steel Standard
Pipe and Tube Products from Turkey: Final Results of Antidumping
Duty Administrative Review and Final Determination of No Shipments;
2013-2014, 80 FR 76674 (December 10, 2015). We determine that there
is no evidence on the record of this review for altering our
treatment of Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and
Borusan Istikbal Ticaret T.A.S. as a single entity.
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Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\8\ The final results of this review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by this review and for future deposits of estimated duties,
where applicable.\9\
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\8\ See 19 CFR 351.212(b)(1).
\9\ See section 751(a)(2)(C) of the Act.
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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).
Pursuant to 19 CFR 351.212(b)(1), where an examined respondent's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.5 percent) in the final results of this review, we will
calculate an importer-specific ad valorem duty assessment rate based on
the ratio of the total amount of dumping calculated for the U.S. sales
for a given importer to the total entered value of those sales. Where a
mandatory respondent did not report entered value, we calculate the
entered value in order to calculate the assessment rate. Where either
the respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), 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.
For entries of subject merchandise during the POR produced by
Borusan for which it did not know that its merchandise was destined for
the United States, we will instruct CBP to liquidate such unreviewed
entries pursuant to the reseller policy,\10\ i.e., the assessment rate
for such entries will be equal to the all-others rate established in
the investigation (i.e., 14.74 percent ad valorem),\11\ if there is no
rate for the intermediate company(ies) involved in the transaction.
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\10\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\11\ See Order, 51 FR at 17784.
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Cash Deposit Requirements
The following 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 subject
merchandise exported by Borusan will be equal to this company's
weighted-average dumping margin established in the final results of
this review, (except if the ad valorem rate is de minimis within the
meaning of 19 CFR 351.106(C)(1), in which case the cash deposit rate
will be zero); (2) for subject merchandise exported by previously
investigated companies not participating in 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 a previous segment of this proceeding, but the producer is, then the
cash deposit rate will be the company-specific rate established for the
most recently completed segment for the producer of the merchandise;
and (4) the cash deposit rate for all other producers and exporters
will continue to be 14.74 percent, the all-others rate established in
the underlying investigation.\12\
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\12\ Id.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Disclosure and Public Comment
Commerce intends to disclose under administrative protective order
the calculations performed in connection with these preliminary results
to interested parties within five days after the date of publication of
this notice in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice.\13\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed no later than five days after the date for
filing case briefs.\14\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\15\ All briefs must
be filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the established deadline.
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\13\ See 19 CFR 351.303 (for general filing requirements).
\14\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\16\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this review. We request that
interested parties include footnotes for relevant citations in the
public executive summary of each issue. Note that Commerce has amended
certain of its requirements pertaining to the service of documents in
19 CFR 351.303(f).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), an interested party who wishes to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of publication
of this notice. Hearing requests should contain: (1) the party's name,
address, and telephone number; (2) the number of participants; and (3)
a list of the issues to be discussed. Issues raised in the hearing will
be limited to issues raised in the case and rebuttal briefs. If a
request for
[[Page 48376]]
a hearing is made, Commerce intends to hold the hearing at a time and
date to be determined.\18\ Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
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\18\ See 19 CFR 351.310(c)
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All submissions to Commerce must be filed electronically using
ACCESS \19\ and must also be served on interested parties.\20\ An
electronically filed document must be received successfully in its
entirety by ACCESS, by 5 p.m. Eastern Time (ET) on the date that the
document is due. Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\21\
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\19\ See 19 CFR 351.303.
\20\ See 19 CFR 351.303(f).
\21\ 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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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Notification to Importers
This notice also 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 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 this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
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
[FR Doc. 2024-12403 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 6, 2024.
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