Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Preliminary Results of Antidumping Duty Administrative Review, and Preliminary Determination of No Shipments; 2015-2016, 26053-26055 [2017-11666]

Download as PDF Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–489–501] Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Preliminary Results of Antidumping Duty Administrative Review, and Preliminary Determination of No Shipments; 2015–2016 Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: In response to a request by interested parties, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on welded carbon steel standard pipe and tube products (welded pipe and tube) from Turkey. The period of review (POR) is May 1, 2015, to April 30, 2016. This review covers 14 companies. The preliminary results are listed below in the section titled ‘‘Preliminary Results of Review.’’ Interested parties are invited to comment on these preliminary results. DATES: Effective June 6, 2017. FOR FURTHER INFORMATION CONTACT: Fred Baker or Chelsey Simonovich; AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202–482–2924 or 202–482–1979, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background mstockstill on DSK30JT082PROD with NOTICES The Department published the notice of initiation of this administrative review 1 on July 7, 2016.2 This review covers 14 companies: Borusan Istikbal Ticaret T.A.S. (Borusan Istikbal) and Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan Mannesmann) (collectively, Borusan); 3 Toscelik Profil 1 Wheatland Tube Company, Borusan Mannesmann Boru Sanayi ve Ticaret A.S., and Borusan Istikbal Ticaret requested the instant administrative review. 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 44265 (July 7, 2016) (Initiation Notice); see also Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 53122 (August 11, 2016). 3 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, 76674 n.2 (December 10, 2015) (Welded Pipe and Tube from Turkey 2013–2014). VerDate Sep<11>2014 20:52 Jun 05, 2017 Jkt 241001 ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., and Toscelik Metal Ticaret A.S. (Toscelik Metal) (collectively, Toscelik); 4 Borusan Birlesik Boru Fabrikalari San ve Tic (Borusan Birlesik); Borusan Gemlik Boru Tesisleri A.S. (Borusan Gemlik); Borusan Ihracat Ithalat ve Dagitim A.S. (Borusan Ihracat); Borusan Ithicat ve Dagitim A.S. (Borusan Ithicat); Tubeco Pipe and Steel Corporation (Tubeco); Erbosan Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan); and Yucel Boru ve Profil Endustrisi A.S., Yucelboru Ihracat Ithalat ve Pazarlama A.S., and Cayirova Boru Sanayi ve Ticaret A.S. (collectively, the Yucel Group). On May 11, 2017, the Department extended the deadline for issuing its preliminary results of this administrative review to May 31, 2017.5 For a complete description of the events that followed the initiation of this administrative review, see the Preliminary Decision Memorandum.6 A list of topics included in the Preliminary Decision Memorandum is included as an 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 https://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of We preliminarily determine that there is no evidence on the record for altering our treatment of Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret T.A.S., as a single entity. The record does not support treating the following companies as part of the Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan Istikbal Ticaret T.A.S. entity: (1) Borusan Birlesik; (2) Borusan Gemlik; (3) Borusan Ihracat; (4) Borusan Ithicat; and (5)Tubeco. Accordingly, as discussed infra, each of these five companies will be assigned the rate applicable to companies not selected for individual examination in this review. 4 In prior segments of this proceeding, we treated Toscelik Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., and Toscelik Metal as a single entity. See, e.g., Welded Pipe and Tube from Turkey 2013– 2014. We preliminarily determine that there is no evidence on the record for altering our treatment of Toscelik Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., and Tosceilk Metal as a single entity. The petitioners requested a review of Toscelik Metal, and there has been no withdrawal of that request. Therefore, Toscelik Metal will be reviewed as part of the single entity Toscelik. 5 See Memorandum, ‘‘Circular Welded Carbon Steel Standard Pipe and Tube Products from Turkey: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review,’’ dated May 11, 2017. 6 See Memorandum, ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Welded Carbon Steel Standard Pipe and Tube Products from Turkey; 2015–2016’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 26053 Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Order The merchandise subject to the order is welded pipe and tube. The welded pipe and tube subject to the order is currently classifiable under subheading 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS subheading is provided for convenience and customs purposes. A full description of the scope of the order is contained in the Preliminary Decision Memorandum. Methodology The Department is conducting this review in accordance with section 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). Export price is calculated in accordance with section 772 of the Act. Normal value 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. Preliminary Determination of No Shipments On July 18, 2016, Erbosan submitted a letter to the Department certifying that it had no sales, shipments, or entries of the subject merchandise to the United States during the POR.7 Erbosan further certified that it did not know or have reason to know that any of its customers would subsequently export or sell Erbosan’s merchandise to the United States during the POR. On August 8, 2016, Borusan Istikbal, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and Tubeco submitted letters to the Department certifying that they each individually had no sales, shipments, or entries of the subject merchandise to the United States during the POR.8 On May 1, 2017, consistent 7 See Letter from Erbosan, Re: No Shipment Certification of Erbosan Erciyas Boru Sanayi ve Ticaret A.S. in the 2015–2016 Administrative Review of the Antidumping Duty Order Involving Certain Welded Carbon Steel Standard Pipe from Turkey, dated July 18, 2016. 8 See Letter from Borusan Istikbal, Borusan Birlesik, Borusan Gemlik, Borusan Iharcat, Borusan Ithicat, and Tubeco, Re: Circular Welded Carbon Steel Pipes and Tubes from Turkey, Case No. A– 489–501: No Shipment Letter, dated August 8, 2016. E:\FR\FM\06JNN1.SGM 06JNN1 26054 Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices with our practice, the Department issued a ‘‘No Shipment Inquiry’’ to U.S. Customs and Border Protection (CBP) to confirm that there were no entries of welded pipe and tube from Turkey exported by Erbosan, Borusan Istikbal, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, or Tubeco during the POR.9 We received no information from CBP contrary to the claims ofthese companies. Based on the foregoing, we preliminarily determine that Erbosan, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and Tubeco each had no shipments during the POR. Also, consistent with our practice, the Department finds that it is not appropriate to rescind the review with respect to these six companies, but rather to complete the review with respect to them, and to issue appropriate instructions to CBP based on the final results of this review.10 Thus, if we continue to find that Erbosan, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and Tubeco had no shipments of subject merchandise in the final results, we will instruct CBP to liquidate any existing entries of subject merchandise produced by them, but exported by other parties, at the rate for the intermediate reseller, if available, or at the all-others rate.11 Furthermore, as noted above, Borusan Istikbal also submitted a no-shipment certification on August 8, 2017. However, we continue to find Borusan Istikbal to be part of the single entity, Borusan, and we find no record evidence that warrants altering this treatment. Therefore, because we find Borusan to have had shipments during this POR, we have not made a preliminary determination of noshipments with respect to Borusan Istikbal. Rates for Non-Examined Companies The statute and the Department’s regulations do not address the establishment of a rate to be applied to companies not selected for examination when the Department limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, the Department 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}’’ In this review, we have preliminarily calculated a weighted-average dumping margin for Borusan that is not zero, de minimis, or determined entirely on the basis of facts available. Accordingly, the Department preliminarily assigned to the companies not individually examined (i.e., the Yucel Group) the 1.35 percent weighted-average dumping margin calculated for Borusan. Preliminary Results of Review As a result of this review, we preliminarily determine that the weighted-average dumping margins for the period May 1, 2015 through April 30, 2016 are as follows: Weighted-average dumping margin (percent) Producer or exporter Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan Istikbal Ticaret T.A.S ......................................................... Toscelik Profil ve Sac Endustrisi A.S./Tosyali Dis Ticaret A.S./Toscelik Metal Ticaret A.S ............................................... Yucel Boru ve Profil Endustrisi A.S ..................................................................................................................................... Yucelboru Ihracat Ithalat ve Pazarlama A.S ....................................................................................................................... Cayirova Boru Sanayi ve Ticaret A.S .................................................................................................................................. mstockstill on DSK30JT082PROD with NOTICES Disclosure and Public Comment The Department intends to disclose to interested parties the calculations performed in connection with these preliminary results within five days of the date of publication of this notice.12 Interested parties may submit cases briefs 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 not later than five days after the due date for filing case briefs.14 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of 9 See CBP message number 7121305, dated May 1, 2017. 10 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). VerDate Sep<11>2014 20:52 Jun 05, 2017 Jkt 241001 authorities.15 Case and rebuttal briefs should be filed using ACCESS.16 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, within 30 days after the date of publication of this notice.17 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 and rebuttal briefs. In order to be properly filed, all ACCESS submissions must successfully receive an electronically filed document in its entirety by 5 p.m. Eastern Time. 11 See, e.g., Magnesium Metal from the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the Russian Federation: Final Results of Antidumping Duty Administrative Review, 75 FR 56989 (September 17, 2010). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 1.35 0.00 1.35 1.35 1.35 Unless otherwise extended, the Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon completion of the administrative review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries in accordance with 19 CFR 351.212(b)(1). We intend to issue instructions to CBP 15 days after the date of publication of the final results of this review. 12 See 19 CFR 351.224(b). 19 CFR 351.309(c)(1)(ii). 14 See 19 CFR 351.309(d). 15 See 19 CFR 351.309(c)(2) and (d)(2). 16 See 19 CFR 351.303. 17 See 19 CFR 351.310(c). 13 See E:\FR\FM\06JNN1.SGM 06JNN1 Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices mstockstill on DSK30JT082PROD with NOTICES If either Borusan’s or Toscelik’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 importerspecific assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer’s examined sales and the total entered value of the sales in accordance with 19 CFR 351.212(b)(1). Where either a respondent’s weighted-average dumping margin is zero or de minimis, 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 the companies which were not selected for individual review, we will assign an assessment rate based on the methodology described in the ‘‘Rate for Non-Examined Companies’’ section, above. With respect to Erbosan, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and Tubeco, if we continue to find that these companies had no shipments of subject merchandise in the final results, we will instruct CBP to liquidate any existing entries of merchandise produced by these companies, but exported by other parties, at the rate for the intermediate reseller, if available, or at the all-others rate.18 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 Toscelik will be zero, unless there is change in Toscelik’s dumping margin in the final results of this review; (2) the cash deposit rate for Borusan will be equal to the weighted-average dumping margin established in the final results of this review, except if the rate is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (3) for other manufacturers and exporters covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which that manufacturer 18 See, e.g., Magnesium Metal from the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the Russian Federation: Final Results of Antidumping Duty Administrative Review, 75 FR 56989 (September 17, 2010). VerDate Sep<11>2014 20:52 Jun 05, 2017 Jkt 241001 or exporter participated; (4) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value (LTFV) investigation, but the manufacturer is, then the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of subject merchandise; and (5) the cash deposit rate for all other manufacturers or exporters will continue to be 14.74 percent, the all-others rate established in the LTFV investigation.19 These deposit requirements, when imposed, shall remain in effect until further notice. 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 duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’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 these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(1)(b)(4). Dated: May 31, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Preliminary Determination of No Shipments 5. Rates for Non-Examined Companies 6. Comparisons to Normal Value 7. Product Comparisons 8. Date of Sale 9. Export Price 10. Normal Value 11. Currency Conversion 12. Recommendation [FR Doc. 2017–11666 Filed 6–5–17; 8:45 am] BILLING CODE 3510–DS–P 19 See Antidumping Duty Order; Welded Carbon Steel Standard Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 26055 DEPARTMENT OF COMMERCE International Trade Administration [A–570–967] Aluminum Extrusions From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Review in Part; 2015– 2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty (AD) order on aluminum extrusions from the People’s Republic of China (PRC). The period of review (POR) is May 1, 2015, through April 30, 2016. These preliminary results cover 191 companies and the PRC-wide entity for which an administrative review was initiated. The PRC-wide entity did not respond to the Department’s initial quantity and value questionnaires (Q&Vs), and therefore the Department is preliminarily applying adverse facts available (AFA) to the PRC-wide entity. The Department selected the following companies as mandatory respondents: Kam Kiu Aluminium Products Sdn. Bhd. (Kam Kiu) and tenKsolar (Shanghai) Co., Ltd. (tenKsolar). The Department preliminarily determines that Kam Kiu did not demonstrate eligibility for a separate rate and is, therefore, part of the PRC-wide entity. The Department further preliminarily determines that because we lack sufficient record information to allow the Department to calculate a margin for tenKsolar’s reported sales of subject merchandise into the United States during the POR, the rate applied to tenKsolar’s merchandise upon entry continues to be the AD rate applied to tenKsolar, except to adjust for countervailable duty (CVD) subsidies determined under the parallel aluminum extrusions CVD order. If these preliminary results are adopted in the final results of this review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. Interested parties are invited to comment on these preliminary results. DATES: Effective June 6, 2017. FOR FURTHER INFORMATION CONTACT: Deborah Scott or Mark Flessner, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: AGENCY: E:\FR\FM\06JNN1.SGM 06JNN1

Agencies

[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26053-26055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11666]

[[Page 26053]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]

Welded Carbon Steel Standard Pipe and Tube Products From Turkey:
Preliminary Results of Antidumping Duty Administrative Review, and
Preliminary Determination of No Shipments; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.

SUMMARY: In response to a request by interested parties, the Department
of Commerce (the Department) is conducting an administrative review of
the antidumping duty order on welded carbon steel standard pipe and
tube products (welded pipe and tube) from Turkey. The period of review
(POR) is May 1, 2015, to April 30, 2016. This review covers 14
companies. The preliminary results are listed below in the section
titled ``Preliminary Results of Review.'' Interested parties are
invited to comment on these preliminary results.

DATES: Effective June 6, 2017.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Chelsey Simonovich; AD/
CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: 202-482-2924 or 202-482-
1979, respectively.

SUPPLEMENTARY INFORMATION:

Background

The Department published the notice of initiation of this
administrative review \1\ on July 7, 2016.\2\ This review covers 14
companies: Borusan Istikbal Ticaret T.A.S. (Borusan Istikbal) and
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan Mannesmann)
(collectively, Borusan); \3\ Toscelik Profil ve Sac Endustrisi A.S.,
Tosyali Dis Ticaret A.S., and Toscelik Metal Ticaret A.S. (Toscelik
Metal) (collectively, Toscelik); \4\ Borusan Birlesik Boru Fabrikalari
San ve Tic (Borusan Birlesik); Borusan Gemlik Boru Tesisleri A.S.
(Borusan Gemlik); Borusan Ihracat Ithalat ve Dagitim A.S. (Borusan
Ihracat); Borusan Ithicat ve Dagitim A.S. (Borusan Ithicat); Tubeco
Pipe and Steel Corporation (Tubeco); Erbosan Erciyas Boru Sanayi ve
Ticaret A.S. (Erbosan); and Yucel Boru ve Profil Endustrisi A.S.,
Yucelboru Ihracat Ithalat ve Pazarlama A.S., and Cayirova Boru Sanayi
ve Ticaret A.S. (collectively, the Yucel Group).
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\1\ Wheatland Tube Company, Borusan Mannesmann Boru Sanayi ve
Ticaret A.S., and Borusan Istikbal Ticaret requested the instant
administrative review.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 44265 (July 7, 2016) (Initiation
Notice); see also Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 53122 (August 11, 2016).
\3\ 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, 76674 n.2 (December 10, 2015) (Welded Pipe
and Tube from Turkey 2013-2014). We preliminarily determine that
there is no evidence on the record for altering our treatment of
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal
Ticaret T.A.S., as a single entity. The record does not support
treating the following companies as part of the Borusan Mannesmann
Boru Sanayi ve Ticaret A.S./Borusan Istikbal Ticaret T.A.S. entity:
(1) Borusan Birlesik; (2) Borusan Gemlik; (3) Borusan Ihracat; (4)
Borusan Ithicat; and (5)Tubeco. Accordingly, as discussed infra,
each of these five companies will be assigned the rate applicable to
companies not selected for individual examination in this review.
\4\ In prior segments of this proceeding, we treated Toscelik
Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., and
Toscelik Metal as a single entity. See, e.g., Welded Pipe and Tube
from Turkey 2013-2014. We preliminarily determine that there is no
evidence on the record for altering our treatment of Toscelik Profil
ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., and Tosceilk Metal
as a single entity. The petitioners requested a review of Toscelik
Metal, and there has been no withdrawal of that request. Therefore,
Toscelik Metal will be reviewed as part of the single entity
Toscelik.
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On May 11, 2017, the Department extended the deadline for issuing
its preliminary results of this administrative review to May 31,
2017.\5\ For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\6\ A list of topics included in the Preliminary Decision
Memorandum is included as an 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 https://access.trade.gov, and to all parties in the
Central Records Unit, room B8024 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
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\5\ See Memorandum, ``Circular Welded Carbon Steel Standard Pipe
and Tube Products from Turkey: Extension of Time Limit for
Preliminary Results of Antidumping Duty Administrative Review,''
dated May 11, 2017.
\6\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Welded Carbon
Steel Standard Pipe and Tube Products from Turkey; 2015-2016'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order

The merchandise subject to the order is welded pipe and tube. The
welded pipe and tube subject to the order is currently classifiable
under subheading 7306.30.10.00, 7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90 of the
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS
subheading is provided for convenience and customs purposes. A full
description of the scope of the order is contained in the Preliminary
Decision Memorandum.

Methodology

The Department is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price is calculated in accordance with section 772 of the Act.
Normal value 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.

Preliminary Determination of No Shipments

On July 18, 2016, Erbosan submitted a letter to the Department
certifying that it had no sales, shipments, or entries of the subject
merchandise to the United States during the POR.\7\ Erbosan further
certified that it did not know or have reason to know that any of its
customers would subsequently export or sell Erbosan's merchandise to
the United States during the POR. On August 8, 2016, Borusan Istikbal,
Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and
Tubeco submitted letters to the Department certifying that they each
individually had no sales, shipments, or entries of the subject
merchandise to the United States during the POR.\8\ On May 1, 2017,
consistent

[[Page 26054]]

with our practice, the Department issued a ``No Shipment Inquiry'' to
U.S. Customs and Border Protection (CBP) to confirm that there were no
entries of welded pipe and tube from Turkey exported by Erbosan,
Borusan Istikbal, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat,
Borusan Ithicat, or Tubeco during the POR.\9\ We received no
information from CBP contrary to the claims ofthese companies.
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\7\ See Letter from Erbosan, Re: No Shipment Certification of
Erbosan Erciyas Boru Sanayi ve Ticaret A.S. in the 2015-2016
Administrative Review of the Antidumping Duty Order Involving
Certain Welded Carbon Steel Standard Pipe from Turkey, dated July
18, 2016.
\8\ See Letter from Borusan Istikbal, Borusan Birlesik, Borusan
Gemlik, Borusan Iharcat, Borusan Ithicat, and Tubeco, Re: Circular
Welded Carbon Steel Pipes and Tubes from Turkey, Case No. A-489-501:
No Shipment Letter, dated August 8, 2016.
\9\ See CBP message number 7121305, dated May 1, 2017.
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Based on the foregoing, we preliminarily determine that Erbosan,
Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and
Tubeco each had no shipments during the POR. Also, consistent with our
practice, the Department finds that it is not appropriate to rescind
the review with respect to these six companies, but rather to complete
the review with respect to them, and to issue appropriate instructions
to CBP based on the final results of this review.\10\ Thus, if we
continue to find that Erbosan, Borusan Birlesik, Borusan Gemlik,
Borusan Ihracat, Borusan Ithicat, and Tubeco had no shipments of
subject merchandise in the final results, we will instruct CBP to
liquidate any existing entries of subject merchandise produced by them,
but exported by other parties, at the rate for the intermediate
reseller, if available, or at the all-others rate.\11\
---------------------------------------------------------------------------

\10\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\11\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
---------------------------------------------------------------------------

Furthermore, as noted above, Borusan Istikbal also submitted a no-
shipment certification on August 8, 2017. However, we continue to find
Borusan Istikbal to be part of the single entity, Borusan, and we find
no record evidence that warrants altering this treatment. Therefore,
because we find Borusan to have had shipments during this POR, we have
not made a preliminary determination of no-shipments with respect to
Borusan Istikbal.

Rates for Non-Examined Companies

The statute and the Department's regulations do not address the
establishment of a rate to be applied to companies not selected for
examination when the Department limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, the Department 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} ''
In this review, we have preliminarily calculated a weighted-average
dumping margin for Borusan that is not zero, de minimis, or determined
entirely on the basis of facts available. Accordingly, the Department
preliminarily assigned to the companies not individually examined
(i.e., the Yucel Group) the 1.35 percent weighted-average dumping
margin calculated for Borusan.

Preliminary Results of Review

As a result of this review, we preliminarily determine that the
weighted-average dumping margins for the period May 1, 2015 through
April 30, 2016 are as follows:

------------------------------------------------------------------------
Weighted-average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./ 1.35
Borusan Istikbal Ticaret T.A.S................
Toscelik Profil ve Sac Endustrisi A.S./Tosyali 0.00
Dis Ticaret A.S./Toscelik Metal Ticaret A.S...
Yucel Boru ve Profil Endustrisi A.S............ 1.35
Yucelboru Ihracat Ithalat ve Pazarlama A.S..... 1.35
Cayirova Boru Sanayi ve Ticaret A.S............ 1.35
------------------------------------------------------------------------

Disclosure and Public Comment

The Department intends to disclose to interested parties the
calculations performed in connection with these preliminary results
within five days of the date of publication of this notice.\12\
Interested parties may submit cases briefs 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 not later than five days
after the due date for filing case briefs.\14\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\15\ Case and rebuttal
briefs should be filed using ACCESS.\16\
---------------------------------------------------------------------------

\12\ See 19 CFR 351.224(b).
\13\ See 19 CFR 351.309(c)(1)(ii).
\14\ See 19 CFR 351.309(d).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ See 19 CFR 351.303.
---------------------------------------------------------------------------

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, within 30 days after the date of publication of this
notice.\17\ 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 and rebuttal briefs.
---------------------------------------------------------------------------

\17\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

In order to be properly filed, all ACCESS submissions must
successfully receive an electronically filed document in its entirety
by 5 p.m. Eastern Time.
Unless otherwise extended, the Department intends to issue the
final results of this administrative review, including the results of
its analysis of the issues raised in any written briefs, not later than
120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.

Assessment Rates

Upon completion of the administrative review, the Department shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries in accordance with 19 CFR 351.212(b)(1). We intend to issue
instructions to CBP 15 days after the date of publication of the final
results of this review.

[[Page 26055]]

If either Borusan's or Toscelik'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 importer-specific assessment
rates on the basis of the ratio of the total amount of dumping
calculated for the importer's examined sales and the total entered
value of the sales in accordance with 19 CFR 351.212(b)(1). Where
either a respondent's weighted-average dumping margin is zero or de
minimis, 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 the companies which were not selected for individual review, we
will assign an assessment rate based on the methodology described in
the ``Rate for Non-Examined Companies'' section, above.
With respect to Erbosan, Borusan Birlesik, Borusan Gemlik, Borusan
Ihracat, Borusan Ithicat, and Tubeco, if we continue to find that these
companies had no shipments of subject merchandise in the final results,
we will instruct CBP to liquidate any existing entries of merchandise
produced by these companies, but exported by other parties, at the rate
for the intermediate reseller, if available, or at the all-others
rate.\18\
---------------------------------------------------------------------------

\18\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
---------------------------------------------------------------------------

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 Toscelik will be
zero, unless there is change in Toscelik's dumping margin in the final
results of this review; (2) the cash deposit rate for Borusan will be
equal to the weighted-average dumping margin established in the final
results of this review, except if the rate is zero or de minimis within
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit
rate will be zero; (3) for other manufacturers and exporters covered in
a prior segment of the proceeding, the cash deposit rate will continue
to be the company-specific rate published for the most recently
completed segment of this proceeding in which that manufacturer or
exporter participated; (4) if the exporter is not a firm covered in
this review, a prior review, or the original less-than-fair-value
(LTFV) investigation, but the manufacturer is, then the cash deposit
rate will be the rate established for the most recently completed
segment of this proceeding for the manufacturer of subject merchandise;
and (5) the cash deposit rate for all other manufacturers or exporters
will continue to be 14.74 percent, the all-others rate established in
the LTFV investigation.\19\ These deposit requirements, when imposed,
shall remain in effect until further notice.
---------------------------------------------------------------------------

\19\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986).
---------------------------------------------------------------------------

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 duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary'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 these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(1)(b)(4).

Dated: May 31, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Rates for Non-Examined Companies
6. Comparisons to Normal Value
7. Product Comparisons
8. Date of Sale
9. Export Price
10. Normal Value
11. Currency Conversion
12. Recommendation

[FR Doc. 2017-11666 Filed 6-5-17; 8:45 am]
BILLING CODE 3510-DS-P

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