Notice2024-12406
Large Diameter Welded Pipe From the Republic of Türkiye: Preliminary Results and Rescission, in Part, 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 large diameter welded pipe (welded pipe) from the Republic of T[uuml]rkiye (T[uuml]rkiye) is not being sold in the United States at less than normal value (NV) during the period of review (POR), May 1, 2022, through April 30, 2023. We are also partially rescinding this review with respect to nine companies which had no entries in the U.S. Customs and Border Protection data. We invite interested parties 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 48386-48389]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12406]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-833]
Large Diameter Welded Pipe From the Republic of T[uuml]rkiye:
Preliminary Results and Rescission, in Part, 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 large diameter welded pipe (welded pipe) from the
Republic of T[uuml]rkiye (T[uuml]rkiye) is not being sold in the United
States at less than normal value (NV) during the period of review
[[Page 48387]]
(POR), May 1, 2022, through April 30, 2023. We are also partially
rescinding this review with respect to nine companies which had no
entries in the U.S. Customs and Border Protection data. We invite
interested parties to comment on these preliminary results.
DATES: Applicable June 6, 2024.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, 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) 482-7425.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2019, Commerce published in the Federal Register the
antidumping duty (AD) order on welded pipe from T[uuml]rkiye.\1\ On
July 12, 2023, Commerce initiated an administrative review of the Order
covering 12 companies, in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act).\2\ On January 10, 2024, we extended
the deadline for the preliminary results of this review to May 30,
2024.\3\
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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); and 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 (June 9, 2020)
(Amended Final Determination) (collectively, Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 2023) (Initiation
Notice).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2022-2023,''
dated January 10, 2024.
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For details regarding the events that occurred subsequent to the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included in 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>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Large
Diameter Welded Pipe from the Republic of 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
The merchandise covered by the Order is welded pipe from
T[uuml]rkiye. For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no entries of subject merchandise
during the POR for which liquidation is suspended.\5\ Normally, upon
completion of an administrative review, the suspended entries are
liquidated at the AD assessment rate calculated for the review
period.\6\ Therefore, for an administrative review of a company to be
conducted, there must be a suspended entry that Commerce can instruct
and U.S. Customs and Border Protection (CBP) to liquidate at the AD
assessment rate calculated for the POR.\7\
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\5\ See, e.g., Large Diameter Welded Pipe from Greece:
Rescission of Antidumping Duty Administrative Review; 2022-2023, 89
FR 4274 (January 23, 2024).
\6\ See 19 CFR 351.212(b)(2).
\7\ See 19 CFR 351.213(d)(3).
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On January 26, 2024, we notified parties of our intent to rescind
this administrative review, in part, with respect to the nine companies
listed in Appendix II because there were no suspended entries of
subject merchandise produced or exported by these companies during the
POR and invited interested parties to comment.\8\ No parties commented
on our intent to rescind the review, in part. In the absence of any
suspended entries of subject merchandise from these companies during
the POR, we are rescinding the administrative review for the companies
listed in Appendix II, in accordance with 19 CFR 351.213(d)(3).
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\8\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated January 26, 2024.
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1) and (2) of the Act. We calculated constructed export price in
accordance with section 772(b) of the Act. We calculated NV in
accordance with section 773 of the Act. For a full description of the
methodology underlying these preliminary results, see the Preliminary
Decision Memorandum.
Rate for Company Not Selected for Individual Examination
The Act and Commerce's regulations do not address the 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 a less-than-fair value (LTFV) 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.
Where the weighted-average dumping margins for individually
examined respondents are zero, de minimis, or determined 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 . . .'' In this review, Commerce preliminarily calculated
a weighted-average dumping margin of zero percent for HDM Celik Boru
Sanyai Ve Ticaret A.S (HDM).\9\ Therefore, we are preliminarily
assigning a rate of zero percent to Emek Boru Makine Sanayi ve Ticaret
A.S. (Emek Boru), the company not selected for individual examination
in this review, in accordance with section 735(c)(5)(B) of the Act.
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\9\ We note that we preliminarily assigned HDM's weighted-
average dumping margin to Cimtas Boru Imalatlari ve Ticaret, Ltd.
(Cimtas) pursuant to section 773(e) of the Act. For further
discussion, see the Preliminary Decision Memorandum at ``Cimtas'
Further Manufactured U.S. Sales.''
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Preliminary Results of the Review
We preliminarily determine that the following estimated weighted-
average dumping margins exist for the period of May 1, 2022, through
April 30, 2023:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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HDM Celik Boru Sanyai Ve Ticaret A.S \10\............... 0.00
Cimtas Boru Imalatlari ve Ticaret, Ltd.................. 0.00
[[Page 48388]]
Emek Boru Makine Sanayi ve Ticaret A.S.................. 0.00
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Disclosure and Public Comment
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\10\ Commerce initiated this review on both HDM and HDM Spiral
Kaynakli Celik Boru A.S. (HDM Spiral). See Initiation Notice, 88 FR
at 44269. However, in the LTFV investigation, we found that HDM
acquired HDM Spiral on October 31, 2017, and 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).
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Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\11\ Rebuttal briefs,
limited to issues raised in case briefs, may be filed no later than
five days after the date for filing case briefs.\12\ 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.\13\ 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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\11\ See 19 CFR 351.309(c)(1)(ii).
\12\ 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).
\13\ 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.\14\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, no 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 results in this administrative 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).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain:
(1) party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the 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.\16\
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\16\ See 19 CFR 351.310(d).
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. 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.\17\ 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).
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\17\ See section 751(a)(2)(C) of the Act.
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Pursuant to 19 CFR 351.212(b)(1), because HDM reported the entered
value for its U.S. sales, we calculated importer-specific ad valorem
antidumping duty assessment rates based on the ratio of the total
amount of dumping calculated for the importer's examined sales to the
total entered value of those same sales. Where either HDM's weighted-
average dumping margin is zero or de minimis within the meaning of 19
CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis
within the meaning of 19 CFR 351.106(c)(2), we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by HDM for which it did
not know that the merchandise it sold to an intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate those
entries at the all-others rate (i.e., 1.57 percent) \18\ if there is no
rate for the intermediate company(ies) involved in the transaction.\19\
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\18\ See Amended Final Determination, 85 FR at 35263.
\19\ 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 both Emek Boru, the company that was not selected for
individual examination, and Cimtas, we intend to assign an assessment
rate equal to the weighted-average dumping margin calculated in the
final results of this review for HDM.
For the companies listed in Appendix II for which we are rescinding
this review, we will instruct CBP to assess antidumping duties on all
appropriate entries at a rate equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends
to issue these rescission instructions to CBP no earlier than 35 days
after the date of publication of this notice in the Federal Register.
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
de minimis (i.e., less than 0.50 percent), 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 rate will
continue to be the company-specific rate published for the most
recently-completed segment of this proceeding in
[[Page 48389]]
which they were examined; (3) if the exporter is not a firm covered in
this review, a prior review, or the LTFV investigation, but the
producer is, the cash deposit rate will be the rate established for the
most recently-completed segment of this proceeding for the producer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters will continue to be 1.57 percent, the all-others rate
established in the Amended Final Determination.\20\
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\20\ See Amended Final Determination, 85 FR at 35263.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review including the results of its
analysis of issues raised in written briefs, no later than 120 days
after the date of publication of this notice in the Federal Register,
pursuant to 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing 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, 19 CFR 351.213, and
351.221(b)(4).
Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy 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. Cimtas' Further Manufactured U.S. Sales
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
Companies for Which Commerce Is Rescinding This Review
1. Cagil Makina San ve Tic A.S.
2. Erciyas Celik Boru Sanayi A.S.
3. Mazlum Mangtay Boru Son. Ins. Tar. Urn. San. ve Tic. A.S.
4. Noksel Celik Boru Sanayi A.S.
5. Ozbal Celik Boru San. Tic. Ve TAAH A.S.
6. Spirally Welded Steel Pipe Inc.
7. Toscelik Profil ve Sac End. A.S.
8. Toscelik Spiral Boru Uretim A.S.
9. Umran Celik Boru Sanayii A.S.
[FR Doc. 2024-12406 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-DS-P
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