Notice2024-20396
Circular Welded Carbon Steel Standard Pipe and Tube Products From the Republic of Türkiye; Welded Line Pipe From the Republic of Türkiye; Certain Oil Tubular Goods From the Republic of Türkiye; and Large Diameter Welded Pipe From the Republic of Türkiye: Preliminary Results of Antidumping Duty Changed Circumstances Review
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 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that 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 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 T[uuml]rkiye (T[uuml]rkiye). Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 175 (Tuesday, September 10, 2024)</title>
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[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73374-73377]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20396]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501, A-489-822, A-489-816, A-489-833]
Circular Welded Carbon Steel Standard Pipe and Tube Products From
the Republic of T[uuml]rkiye; Welded Line Pipe From the Republic of
T[uuml]rkiye; Certain Oil Tubular Goods From the Republic of
T[uuml]rkiye; and Large Diameter Welded Pipe From the Republic of
T[uuml]rkiye: Preliminary Results of Antidumping Duty Changed
Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that 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 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 T[uuml]rkiye (T[uuml]rkiye). Interested parties are invited
to comment on these preliminary results.
DATES: Applicable September 10, 2024.
FOR FURTHER INFORMATION CONTACT: Ajay K. 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 May 15, 1986, March 7, 1986, December 1, 2015, September 10,
2014, and May 2, 2019, respectively, Commerce published in the Federal
Register antidumping duty orders on standard pipe, WLP, OCTG, and LDWP
from T[uuml]rkiye.\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 changed circumstances reviews (CCR) 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 THE
Standard Pipe AD Order and Welded Line Pipe AD Order; and (2) continue
to exclude it from OCTG AD Order and LDWP AD Order.\2\ On February 26,
2024, Commerce published the notice initiating these CCRs to consider
whether Borusan Boru is the successor-in-interest to BMB.\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); 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); 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); and 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).
\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 Borusan Mannesmann Pipe U.S.,'' dated January 8, 2024
(Borusan Boru's CCR Request).
\3\ See 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, 89 FR 14052 (February 26, 2024).
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On April 9, 2024, we issued a supplemental questionnaire to Borusan
Boru, to which we received a timely response on April 30, 2024.\4\ In
its response, Borusan Boru stated that there were no material changes
to either the supplier or customer base of BMB as a result of BMB's
conversion to Borusan Boru.\5\ We received no comments from other
interested parties concerning Borusan Boru's request.
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\4\ See Borusan Boru's Letter, ``Supplemental Questionnaire
Response,'' dated April 30, 2024 (Borusan Boru's SQR).
\5\ Id.
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Scope of the Orders
The merchandise covered by these orders is standard pipe, WLP,
OCTG, and LDWP from T[uuml]rkiye. For a complete description of the
scope of each of these orders, see the appendix to this notice.\6\
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\6\ See Standard Pipe AD Order, 51 FR 17784; Welded Line Pipe AD
Order, 80 FR 75056; OCTG AD Order, 79 FR 53691, and LDWP AD Order,
84 FR 18799.
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Preliminary Results
In these CCRs, pursuant to section 751(b) of the Act, Commerce
conducted a successor-in-interest analysis. In making a successor-in-
interest determination, Commerce examines several factors, including,
but not limited to, changes in the following: (1)
[[Page 73375]]
management; (2) production facilities; (3) supplier relationships; and
(4) customer base.\7\ 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.\8\ 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.\9\
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\7\ See, e.g., Certain Frozen Warmwater Shrimp from India:
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review, 83 FR 37784 (August 2, 2018) (Shrimp from
India 2018 CCR Prelim), unchanged in Certain Frozen Warmwater Shrimp
from India: Notice of Final Results of Antidumping Duty Changed
Circumstances Review, 83 FR 49909 (October 3, 2018) (Shrimp from
India 2018 CCR Final).
\8\ See, e.g., Shrimp from India 2018 CCR Preliminary, 83 FR at
37784, unchanged in Shrimp from India 2018 CCR Final, 83 FR at
49909.
\9\ See, e.g., Shrimp from India 2018 CCR Preliminary, 83 FR at
37784, unchanged in Shrimp from India 2018 CCR Final, 83 FR at
49909; 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); 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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In accordance with 19 CFR 351.216, we preliminarily determine that
Borusan Boru is the successor-in-interest to BMB, based on the analysis
of the information BMB provided in its CCR request and supplemental
response regarding the factors listed above.
Management
Borusan Boru stated that, in November 2023, following the
termination of its partnership with Salzgitter Mannesmann GmbH
(Salzgitter): (1) Borusan Mannesmann Boru Yatirim Holding A.S. (BMBYH)
changed its name to BMB Holding A.S. (BMBH); and (2) BMBH also changed
the name of BMB to Borusan Boru. According to Borusan Boru, BMBH
continued to control the same percentage of Borusan Boru as it did
before the name change and there were no other changes to the
shareholders of Borusan Boru. Borusan Boru demonstrated that its
management did not change as a result of the name change and the only
change to its board of directors was to replace the Salzgitter-
appointed directors.\10\
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\10\ See Borusan Boru's CCR Request at 5 and Attachment 6.
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Production Facilities
Borusan Boru stated there were no changes in the company's
production facilities as a result of the name change. According to
Borusan Boru, it maintains the same headquarters, manufacturing
facilities, and its production capacity is unchanged as a result of the
name change.\11\
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\11\ Id. at 5-6.
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Supplier Relationships
Borusan Boru stated that the major input in its production is hot-
rolled coil (HRC), and it provided a list of its 2023 HRC suppliers as
compared to its suppliers through March 31, 2024, demonstrating that
Borusan Boru's suppliers are substantially similar to BMB's.\12\
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\12\ See Borusan Boru's SQR at Exhibit 12.
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Customer Base
Borusan Boru stated that there were no changes to its customer base
after the name change. Borusan Boru provided a list of its 2023
customers as compared to its customers through March 31, 2024,
demonstrating that Borusan Boru's customers are substantially similar
to BMB's.\13\
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\13\ Id.
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Thus, record evidence, as submitted by Borusan Boru, indicates that
Borusan Boru operates as essentially the same business entity as BMB
with respect to the subject merchandise.\14\ Because Borusan Boru
demonstrated that there were no material changes in the ownership and
management structure, production facilities, and supplier and customer
base as a result of BMB changing its name to Borusan Boru, we
preliminarily find that Borusan Boru is the successor-in-interest to
BMB.
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\14\ Id.; see also Borusan Boru's CCR Request.
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We preliminarily determine that Borusan Boru is entitled to the
same AD cash deposit rates as its predecessor for merchandise subject
to the Standard Pipe AD Order and Welded Line Pipe AD Order. We also
preliminarily determine that Borusan Boru is entitled to its
predecessor's exclusion from the OCTG AD Order and LDWP AD Order.\15\
Consequently, if this determination is unchanged in the final results,
Commerce intends to instruct U.S. Customs and Border Protection (CBP)
to collect estimated antidumping duties and suspend liquidation of all
shipments of merchandise subject to the standard pipe and WLP
antidumping duty orders produced and/or exported by Borusan Boru and
entered, or withdrawn from warehouse, for consumption on or after the
publication date of the final results in the Federal Register at the
rate assigned to BMB.\16\ Further, Commerce will instruct CBP that
Borusan Boru is entitled to its predecessor's exclusions from the OCTG
AD Order and LDWP AD Order for entries of subject merchandise produced
and exported by Borusan Boru. Lastly, the cash deposit requirements
shall remain in effect until further notice.
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\15\ BMB was excluded from the OCTG AD Order and LDWP AD Order.
See 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); 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, 35264 (June 9, 2020).
\16\ The current rate for BMB in the Standard Pipe AD Order 5.27
percent. See Circular Welded Carbon Steel Standard Pipe and Tube
Products from Turkey: Final Results of Antidumping Duty
Administrative Review; 2021-2022, 88 FR 85592, 85593 (December 9,
2023). The current rate for BMB in the Welded Line Pipe AD Order is
0.00. See Welded Line Pipe from the Republic of Korea and the
Republic of Turkey: Antidumping Duty Orders, 80 FR 75056, 75057
(December 1, 2015).
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Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce no later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later than five days after the
date for filing case briefs.\17\ 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.\18\ All
comments are to be filed electronically using Enforcement and
Compliance's Antidumping and CVD Centralized Electronic Service System
(ACCESS). ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. An electronically filed document must be received
successfully in its entirety by
[[Page 73376]]
ACCESS by 5 p.m. Eastern Time on the day it is due.\19\
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\17\ 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 Final Service Rule).
\18\ See 19 CFR 351.309(c)(2) and (d)(2).
\19\ See 19 CFR 351.303(b).
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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.\20\ 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 results in this CCR. We request that
interested parties include footnotes for relevant citations in the
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).\21\
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\20\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\21\ See APO and Final Service Rule, 88 FR at 67069.
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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, filed electronically via
ACCESS. 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. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice. Parties
should file their case and rebuttal briefs on the record of each of the
four AD CCRs related to Borusan Boru's successor-in-interest request.
Final Results
Consistent with 19 CFR 351.216(e), we will issue the final results
of this CCR no later than 270 days after the date on which the review
was initiated, or within 45 days if all parties agree to our
preliminary finding.
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: September 3, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
The Scope of the Order on Circular Welded Carbon Steel Standard
Pipe and Tube Products From the Republic of T[uuml]rkiye
The products covered by this order are welded carbon steel
standard pipe and tube products with an outside diameter of 0.375
inch or more but not over 16 inches of any wall thickness, and 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.
These products, commonly referred to in the industry as standard
pipe or tube, are produced to various ASTM specifications, most
notably A-120, A-53 or A-135.
The Scope of the AD Order on Welded Line Pipe From the Republic of
T[uuml]rkiye
The products covered by the order are circular welded carbon and
alloy steel (other than stainless steel) pipe of a kind used for oil
or gas pipelines (welded line pipe), not more than 24 inches in
nominal outside diameter, regardless of wall thickness, length,
surface finish, end finish, or stenciling. Welded line pipe is
normally produced to the American Petroleum Institute (API)
specification 5L, but can be produced to comparable foreign
specifications, to proprietary grades, or can be non-graded
material. All pipe meeting the physical description set forth above,
including multiple-stenciled pipe with an API or comparable foreign
specification line pipe stencil is covered by the scope of this
order.
The welded line pipe that is subject to the order is currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheadings 7305.11.1030, 7305.11.5000, 7305.12.1030,
7305.12.5000, 7305.19.1030, 7305.19.5000, 7306.19.1010,
7306.19.1050, 7306.19.5110, and 7306.19.5150. The subject
merchandise may also enter in HTSUS 7305.11.1060 and 7305.12.1060.
While the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of the order is
dispositive.
The Scope of the AD Order on OCTG From the Republic of T[uuml]rkiye
The merchandise covered by the order is certain OCTG, which are
hollow steel products of circular cross-section, including oil well
casing and tubing, of iron (other than cast iron) or steel (both
carbon and alloy), whether seamless or welded, regardless of end
finish (e.g., whether or not plain end, threaded, or threaded and
coupled) whether or not conforming to American Petroleum Institute
(API) or non-API specifications, whether finished (including limited
service OCTG products) or unfinished (including green tubes and
limited service OCTG products), whether or not thread protectors are
attached. The scope of the order also covers OCTG coupling stock.
Excluded from the scope of the order are: casing or tubing
containing 10.5 percent or more by weight of chromium; drill pipe;
unattached couplings; and unattached thread protectors.
The merchandise subject to the order is currently classified in
the Harmonized Tariff Schedule of the United States (HTSUS) under
item numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30,
7304.29.10.40, 7304.29.10.50, 7304.29.10.60, 7304.29.10.80,
7304.29.20.10, 7304.29.20.20, 7304.29.20.30, 7304.29.20.40,
7304.29.20.50, 7304.29.20.60, 7304.29.20.80, 7304.29.31.10,
7304.29.31.20, 7304.29.31.30, 7304.29.31.40, 7304.29.31.50,
7304.29.31.60, 7304.29.31.80, 7304.29.41.10, 7304.29.41.20,
7304.29.41.30, 7304.29.41.40, 7304.29.41.50, 7304.29.41.60,
7304.29.41.80, 7304.29.50.15, 7304.29.50.30, 7304.29.50.45,
7304.29.50.60, 7304.29.50.75, 7304.29.61.15, 7304.29.61.30,
7304.29.61.45, 7304.29.61.60, 7304.29.61.75, 7305.20.20.00,
7305.20.40.00, 7305.20.60.00, 7305.20.80.00, 7306.29.10.30,
7306.29.10.90, 7306.29.20.00, 7306.29.31.00, 7306.29.41.00,
7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and 7306.29.81.50.
The merchandise subject to the order may also enter under the
following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80,
7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65,
7304.59.80.70, 7304.59.80.80, 7305.31.40.00, 7305.31.60.90,
7306.30.50.55, 7306.30.50.90, 7306.50.50.50, and 7306.50.50.70.
While the HTSUS subheadings are provided for convenience and
customs purposes, the written description is dispositive.
The Scope of the AD Order on LDWP From the Republic of T[uuml]rkiye
The merchandise covered by this order is welded carbon and alloy
steel pipe (other than stainless steel pipe), more than 406.4 mm (16
inches) in nominal outside diameter (large diameter welded pipe),
regardless of wall thickness, length, surface finish, grade, end
finish, or stenciling. Large diameter welded pipe may be used to
transport oil, gas, slurry, steam, or other fluids, liquids, or
gases. It may also be used for structural purposes, including, but
not limited to, piling. Specifically, not included is large diameter
welded pipe produced only to specifications of the American Water
Works Association (AWWA) for water and sewage pipe.
Large diameter welded pipe used to transport oil, gas, or
natural gas liquids is normally produced to the American Petroleum
Institute (API) specification 5L. Large diameter welded pipe may
also be
[[Page 73377]]
produced to American Society for Testing and Materials (ASTM)
standards A500, A252, or A53, or other relevant domestic
specifications, grades and/or standards. Large diameter welded pipe
can be produced to comparable foreign specifications, grades and/or
standards or to proprietary specifications, grades and/or standards,
or can be non-graded material. All pipe meeting the physical
description set forth above is covered by the scope of this order,
whether or not produced according to a particular standard.
Subject merchandise also includes large diameter welded pipe
that has been further processed in a third country, including but
not limited to coating, painting, notching, beveling, cutting,
punching, welding, or any other processing that would not otherwise
remove the merchandise from the scope of the order if performed in
the country of manufacture of the in-scope large diameter welded
pipe.
Excluded from the scope are any products covered by the existing
antidumping duty order on welded line pipe from T[uuml]rkiye. See
Welded Line Pipe from the Republic of Korea and the Republic of
Turkey: Antidumping Duty Orders, 80 FR 75056 (December 1, 2015).
The large diameter welded pipe that is subject to this order 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.
[FR Doc. 2024-20396 Filed 9-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 10, 2024.
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.