Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017, 26951-26954 [2018-12480]
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Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices
we will instruct CBP not to assess duties
on any of its entries in accordance with
the Final Modification for Reviews.8
For entries of subject merchandise
during the POR produced by TFM for
which it did not know its merchandise
was destined for the United States, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of OBAs from Taiwan
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication as provided by section
751(a)(2)(C) of the Act: (1) The cash
deposit rate for TFM will be equal to the
weighted-average dumping margin
established in the final results of this
administrative review; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the
original investigation but the producer
is, the cash deposit rate will be the rate
established for the most recent period
for the producer of the merchandise; (4)
the cash deposit rate for all other
producers or exporters will continue to
be 6.19 percent.9 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
daltland on DSKBBV9HB2PROD with NOTICES
Notification to Importers
This notice 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.
8 See Final Modification for Reviews, 77 FR at
8102.
9 The all-others rate established in the Order.
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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 351.213(h)(1).
Dated: June 4, 2018.
Gary Taverman,
Deputy Assistant Secretary, for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Methodology
Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
Product Comparisons
Date of Sale
Constructed Export Price
Normal Value
A. Home Market Viability and Comparison
Market
B. Cost of Production
C. Level of Trade
D. Calculation of Normal Value Based on
Comparison Market Prices
E. Calculation of Normal Value Based on
Constructed Value
Denial of Request to Reconsider Rejection
of Late Submission
Currency Conversion
Recommendation
[FR Doc. 2018–12478 Filed 6–8–18; 8:45 am]
BILLING CODE 3510–DS–P
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; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that producers and/or exporters subject
to this administrative review made sales
of subject merchandise at less than
normal value. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable June 11, 2018.
FOR FURTHER INFORMATION CONTACT: Fred
Baker, AD/CVD Operations, Office VI,
Enforcement and Compliance,
AGENCY:
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26951
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: 202–482–2924.
SUPPLEMENTARY INFORMATION:
Background
Commerce 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, 2016, to April 30, 2017.
Commerce published the notice of
initiation of this administrative review
on July 6, 2017.1 The preliminary
results are listed below in the section
titled ‘‘Preliminary Results of Review.’’
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); 2
Toscelik Profil ve Sac Endustrisi A.S.,
Tosyali Dis Ticaret A.S., and Toscelik
Metal Ticaret A.S. (Toscelik Metal)
(collectively, Toscelik); 3 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. (Yucel), Yucelboru
Ihracat Ithalat ve Pazarlama A.S.
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
31292, 31297 (July 6, 2017) (Initiation Notice).
2 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.
3 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 Toscelik Metal as a single entity.
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Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices
(Yucelboru), and Cayirova Boru Sanayi
ve Ticaret A.S. (Cayirova).
On January 23, 2018, Commerce
exercised its discretion to toll all
deadlines affected by the closure of the
Federal Government from January 20,
2018, through January 22, 2018.4 The
revised deadline for the preliminary
results of this review became February
5, 2018. On January 31, 2018, we
extended the deadline for the
preliminary results to May 14, 2018.5
On May 7, 2018, we further extended
the deadline for the preliminary results,
until June 4, 2018.6
For a complete description of the
events that followed the initiation of
this administrative review, see the
Preliminary Decision Memorandum.7
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.
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Methodology
Commerce is conducting this review
in accordance with section 751 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. A list of the
topics included in the Preliminary
Decision Memorandum is included in
the Appendix to this notice. The
4 See Memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government,’’ dated
January 23, 2018. All deadlines in this segment of
the proceeding have been extended by 3 days.
5 See Memorandum, ‘‘Certain Circular Welded
Carbon Steel Pipes and Tubes from Turkey:
Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review,’’ dated
January 31, 2017.
6 See Memorandum, ‘‘Certain Circular Welded
Carbon Steel Pipes and Tubes from Turkey:
Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review,’’ dated
May 7, 2018.
7 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Welded Carbon Steel
Standard Pipe and Tube Products from Turkey;
2016–2017’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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the POR.11 With one exception, we
received no information from CBP
regarding the existence of entries of
subject merchandise from these
companies during the POR. The one
exception was information concerning
one of the companies (whose name is
business proprietary) that indicated it
had shipments to the United States
during the POR. We intend to seek
additional information from CBP
concerning these alleged shipments, and
solicit comments from interested parties
concerning them.12
Based on the foregoing, we
preliminarily determine that Erbosan,
Borusan Birlesik, Borusan Gemlik,
Borusan Ihracat, Borusan Ithicat,
Tubeco, Cayirova, Yucel, and Yucelboru
Preliminary Determination of No
each had no shipments during the POR.
Shipments
Also, consistent with our practice, we
On July 22, 2017, Cayirova, Yucel,
find that it is not appropriate to rescind
and Yucelboru submitted a letter to
the review with respect to these nine
Commerce certifying that they each
companies, but rather to complete the
individually had no sales, shipments, or review with respect to them, and to
entries of the subject merchandise to the issue appropriate instructions to CBP
United State during the POR.8 On July
based on the final results of this
24, 2017, Erbosan submitted a letter to
review.13 Thus, if we continue to find
Commerce certifying that it had no
that Erbosan, Borusan Birlesik, Borusan
sales, shipments, or entries of the
Gemlik, Borusan Ihracat, Borusan
subject merchandise to the United
Ithicat, Tubeco, Cayirova, Yucel, and
States during the POR.9 Erbosan further Yucelboru had no shipments of subject
certified that it did not know or have
merchandise in the final results, we will
reason to know that any of its customers instruct CBP to liquidate any existing
would subsequently export or sell
entries of subject merchandise produced
Erbosan’s merchandise to the United
by them, but exported by other parties,
States during the POR. On August 7,
at the rate for the intermediate reseller,
2017, Borusan Istikbal, Borusan Birlesik, if available, or at the all-others rate.14
Borusan Gemlik, Borusan Ihracat,
Furthermore, as noted above, Borusan
Borusan Ithicat, and Tubeco submitted
Istikbal also submitted a no-shipment
a letter to Commerce certifying that they certification on August 8, 2017.
each individually had no sales,
However, also as noted above, we
shipments, or entries of the subject
continue to find Borusan Istikbal to be
merchandise to the United States during part of the single entity, Borusan, and
10 On April 25, 2018, consistent
the POR.
we find no record evidence that
with our practice, we issued a ‘‘No
warrants altering this treatment.
Shipment Inquiry’’ to U.S. Customs and Therefore, because we find that Borusan
Border Protection (CBP) to confirm that
had shipments during this POR, we
there were no entries of welded pipe
have not made a preliminary
and tube from Turkey exported by
determination of no-shipments with
Erbosan, Borusan Istikbal, Borusan
respect to Borusan Istikbal.
Birlesik, Borusan Gemlik, Borusan
Preliminary Results of Review
Ihracat, Borusan Ithicat, Tubeco,
Cayirova, Yucel, or Yucelboru during
As a result of this review, we
preliminarily determine that the
8 See Letter from Cayirova, Yucel, and Yucelboru,
weighted-average dumping margins for
Preliminary Decision Memorandum is a
public document and is made available
to the public 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 Commerce’s Central Records
Unit, located at Room B8024 of the main
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
https://enforcement.trade.gov/frn/
index.html. The signed and the
electronic versions of the Preliminary
Decision Memorandum are identical in
content.
Re: Circular Welded Carbon Steel Pipes and Tubes
from Turkey; Notification of No Shipments, dated
July 22, 2017.
9 See Letter from Erbosan, Re: No Shipment
Certification of Erbosan Erciyas Boru Sanayi ve
Ticaret A.S. in the 2016–2017 Administrative
Review of the Antidumping Duty Order Involving
Certain Welded Carbon Steel Standard Pipe from
Turkey, dated July 24, 2017.
10 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 7,
2017.
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11 See CBP message number 8115302, dated April
25, 2018.
12 See Preliminary Decision Memorandum at 4.
13 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
14 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).
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Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices
the period May 1, 2016 through April
30, 2017 are as follows:
Weightedaverage
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 ...............................................................
daltland on DSKBBV9HB2PROD with NOTICES
Disclosure and Public Comment
We intend 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.15 Interested
parties may submit cases briefs no later
than 30 days after the date of
publication of this notice.16 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.17 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.18 Case and rebuttal briefs
should be filed using ACCESS.19
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.20 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 be
successfully electronically filed in their
entirety by 5 p.m. Eastern Time.
Unless otherwise extended, we intend
to issue the final results of this
administrative review, including the
results of our 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, Commerce shall
determine, and CBP shall assess,
15 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii).
17 See 19 CFR 351.309(d).
18 See 19 CFR 351.309(c)(2) and (d)(2).
19 See 19 CFR 351.303.
20 See 19 CFR 351.310(c).
16 See
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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.
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.
With respect to Erbosan, Borusan
Birlesik, Borusan Gemlik, Borusan
Ihracat, Borusan Ithicat, Tubeco,
Cayirova, Yucel, and Yucelboru, 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.21
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 a change in
Toscelik’s dumping margin in the final
results of this review; (2) the cash
21 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).
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11.33
0.00
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.22 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(b)(4).
22 See Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products from
Turkey, 51 FR 17784 (May 15, 1986).
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Dated: June 4, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the 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. Particular Market Situation
5. Preliminary Determination of No
Shipments
6. Comparisons to Normal Value
7. Product Comparisons
8. Date of Sale
9. Export Price
10. Normal Value
11. Currency Conversion
12. Recommendation
Scope of the Order
The products covered by the order are
chloro isos, which are derivatives are
cyanuric acid, described as chlorinated
s-triazine triones.8 Chloro isos are
currently classifiable under subheadings
2933.69.6015, 2933.69.6021,
2933.69.6050, 3808.50.4000,
3808.94.5000, and 3808.99.9500 of the
Harmonized Tariff Schedule of the
United States (HTSUS). The HTSUS
subheadings are provided for
convenience and customs purposes; the
written product description of the scope
of the order is dispositive.
[FR Doc. 2018–12480 Filed 6–8–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–991]
Chlorinated Isocyanurates From the
People’s Republic of China: Final
Results of Countervailing Duty
Administrative Review; 2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) has completed
its administrative review of the
countervailing duty (CVD) order on
(chloro isos) from the People’s Republic
of China (China) for the January 1, 2015,
through December 31, 2015, period of
review (POR), and determines that
countervailable subsidies are being
provided to producers and exporters of
chloro isos. The final net subsidy rates
are listed below in ‘‘Final Results of
Administrative Review.’’
DATES: Applicable June 11, 2018.
FOR FURTHER INFORMATION CONTACT:
Christian Llinas or Omar Qureshi, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
202.482.4877 or 202.482.5307,
respectively.
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AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On November 13, 2014, Commerce
published the CVD Order on chloro isos
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from China.1 On December 4, 2017,
Commerce published the Preliminary
Results of this administrative review in
the Federal Register.2 We invited
interested parties to comment on the
Preliminary Results. On January 16,
2018, we received case briefs from the
petitioners,3 the Government of China
(GOC), and from the mandatory
respondents, Heze Huayi 4 and
Kangtai.5 6 On January 29, 2018, we
received rebuttal briefs from the
petitioners, the GOC, and from the
mandatory respondents, Heze Huayi
and Kangtai.7
Analysis of Comments Received
All issues raised in the parties’ briefs
are listed in the Appendix to this notice
and addressed in the Issues and
Decision Memorandum. The Issues and
1 See Chlorinated Isocyanurates from the People’s
Republic of China: Countervailing Duty Order, 79
FR 67424 (November 13, 2014).
2 See Chlorinated Isocyanurates from the People’s
Republic of China: Preliminary Results of
Countervailing Duty Administrative Review; 2015,
82 FR 57209 (December 4, 2017) and accompanying
Issues and Decision Memorandum (Preliminary
Results).
3 Bio-Lab, Inc., Clearon Corporation, and
Occidental Chemical Corporation (collectively, ‘‘the
petitioners’’).
4 Heze Huayi Chemical Co., Ltd. (Heze Huayi).
5 Juancheng Kangtai Chemical Co., Ltd. (Kangtai).
6 See Petitioners’ Letter, ‘‘Case Brief of Bio-Lab,
Inc., Clearon Corp. and Occidental Chemical
Corporation,’’ dated January 16, 2018; GOC’s Letter,
‘‘GOC Administrative Case Brief: Second
Administrative Review of the Countervailing Duty
Order on Chlorinated Isocyanurates from the
People’s Republic of China (C–570–991),’’ dated
January 16, 2018; and Heze Huayi and Kangtai’s
Letter, ‘‘Chlorinated Isocyanurates from the
People’s Republic of China: Case Brief,’’ dated
January 16, 2018.
7 See Petitioners’ Letter, ‘‘Rebuttal Brief of BioLab, Inc., Clearon Corp. and Occidental Chemical
Corporation.’’ dated January 29, 2018; GOC’s Letter,
‘‘GOC Administrative Rebuttal Brief: Second
Administrative Review of the Countervailing Duty
Order on Chlorinated Isocyanurates from the
People’s Republic of China (C–570–991),’’ dated
January 29, 2018; Heze Huayi and Kangtai’s Letter,
‘‘Chlorinated Isocyanurates from the People’s
Republic of China: Rebuttal Brief,’’ dated January
29, 2018.
8 For a complete description of the Scope of the
Order, see Preliminary Results.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
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 in the Central
Records Unit, Room B8024 of the main
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn. The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on case briefs, rebuttal briefs,
and all supporting documentation, we
made a change to Heze Huayi’s
countervailable subsidy rate to account
for transpositional errors made in Heze
Huayi’s calculations. We made no
changes from the Preliminary Results.
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found
countervailable, we find that there is a
subsidy, i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.9 The Issues and
Decision Memorandum contains a full
description of the methodology
underlying the Department’s
conclusions, including any
determination that relied upon the use
of adverse facts available pursuant to
sections 776(a) and (b) of the Act.
Final Results of Review
In accordance with 19 CFR
351.221(b)(5), we determine the
following net subsidy rates for the 2015
administrative review:
Company
Hebei Jiheng Chemical Co., Ltd
Heze Huayi Chemical Co., Ltd ...
Juancheng Kangtai Chemical
Co., Ltd ...................................
Subsidy
rate
(percent)
25.19
2.84
1.53
Assessment Rates
In accordance with 19 CFR
351.212(b)(2), Commerce intends to
issue assessment instructions to U.S.
9 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
E:\FR\FM\11JNN1.SGM
11JNN1
]]>Agencies
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Notices]
[Pages 26951-26954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12480]
-----------------------------------------------------------------------
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; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers and/or exporters subject to this administrative review
made sales of subject merchandise at less than normal value. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable June 11, 2018.
FOR FURTHER INFORMATION CONTACT: Fred Baker, 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.
SUPPLEMENTARY INFORMATION:
Background
Commerce 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, 2016, to April 30, 2017. Commerce published the notice of initiation
of this administrative review on July 6, 2017.\1\ The preliminary
results are listed below in the section titled ``Preliminary Results of
Review.''
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 31292, 31297 (July 6, 2017)
(Initiation Notice).
---------------------------------------------------------------------------
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); \2\ Toscelik Profil ve
Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., and Toscelik Metal
Ticaret A.S. (Toscelik Metal) (collectively, Toscelik); \3\ 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. (Yucel), Yucelboru Ihracat Ithalat ve Pazarlama A.S.
[[Page 26952]]
(Yucelboru), and Cayirova Boru Sanayi ve Ticaret A.S. (Cayirova).
---------------------------------------------------------------------------
\2\ 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.
\3\ 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 Toscelik Metal
as a single entity.
---------------------------------------------------------------------------
On January 23, 2018, Commerce exercised its discretion to toll all
deadlines affected by the closure of the Federal Government from
January 20, 2018, through January 22, 2018.\4\ The revised deadline for
the preliminary results of this review became February 5, 2018. On
January 31, 2018, we extended the deadline for the preliminary results
to May 14, 2018.\5\ On May 7, 2018, we further extended the deadline
for the preliminary results, until June 4, 2018.\6\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by 3 days.
\5\ See Memorandum, ``Certain Circular Welded Carbon Steel Pipes
and Tubes from Turkey: Extension of Time Limit for Preliminary
Results of Antidumping Duty Administrative Review,'' dated January
31, 2017.
\6\ See Memorandum, ``Certain Circular Welded Carbon Steel Pipes
and Tubes from Turkey: Extension of Time Limit for Preliminary
Results of Antidumping Duty Administrative Review,'' dated May 7,
2018.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Welded Carbon
Steel Standard Pipe and Tube Products from Turkey; 2016-2017'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
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
Commerce is conducting this review in accordance with section 751
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. A list of the
topics included in the Preliminary Decision Memorandum is included in
the Appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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 Commerce's Central
Records Unit, located at Room B8024 of the main Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be found at https://enforcement.trade.gov/frn/. The signed and
the electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Determination of No Shipments
On July 22, 2017, Cayirova, Yucel, and Yucelboru submitted a letter
to Commerce certifying that they each individually had no sales,
shipments, or entries of the subject merchandise to the United State
during the POR.\8\ On July 24, 2017, Erbosan submitted a letter to
Commerce certifying that it had no sales, shipments, or entries of the
subject merchandise to the United States during the POR.\9\ 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 7, 2017,
Borusan Istikbal, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat,
Borusan Ithicat, and Tubeco submitted a letter to Commerce certifying
that they each individually had no sales, shipments, or entries of the
subject merchandise to the United States during the POR.\10\ On April
25, 2018, consistent with our practice, we 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, Tubeco, Cayirova, Yucel, or Yucelboru during
the POR.\11\ With one exception, we received no information from CBP
regarding the existence of entries of subject merchandise from these
companies during the POR. The one exception was information concerning
one of the companies (whose name is business proprietary) that
indicated it had shipments to the United States during the POR. We
intend to seek additional information from CBP concerning these alleged
shipments, and solicit comments from interested parties concerning
them.\12\
---------------------------------------------------------------------------
\8\ See Letter from Cayirova, Yucel, and Yucelboru, Re: Circular
Welded Carbon Steel Pipes and Tubes from Turkey; Notification of No
Shipments, dated July 22, 2017.
\9\ See Letter from Erbosan, Re: No Shipment Certification of
Erbosan Erciyas Boru Sanayi ve Ticaret A.S. in the 2016-2017
Administrative Review of the Antidumping Duty Order Involving
Certain Welded Carbon Steel Standard Pipe from Turkey, dated July
24, 2017.
\10\ 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 7, 2017.
\11\ See CBP message number 8115302, dated April 25, 2018.
\12\ See Preliminary Decision Memorandum at 4.
---------------------------------------------------------------------------
Based on the foregoing, we preliminarily determine that Erbosan,
Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat,
Tubeco, Cayirova, Yucel, and Yucelboru each had no shipments during the
POR. Also, consistent with our practice, we find that it is not
appropriate to rescind the review with respect to these nine 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.\13\ Thus, if we continue to find that Erbosan, Borusan
Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, Tubeco,
Cayirova, Yucel, and Yucelboru 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.\14\
---------------------------------------------------------------------------
\13\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\14\ 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, also as noted above,
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 that Borusan had shipments during
this POR, we have not made a preliminary determination of no-shipments
with respect to Borusan Istikbal.
Preliminary Results of Review
As a result of this review, we preliminarily determine that the
weighted-average dumping margins for
[[Page 26953]]
the period May 1, 2016 through April 30, 2017 are as follows:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan 11.33
Istikbal Ticaret T.A.S.................................
Toscelik Profil ve Sac Endustrisi A.S./Tosyali Dis 0.00
Ticaret A.S./Toscelik Metal Ticaret A.S................
------------------------------------------------------------------------
Disclosure and Public Comment
We intend 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.\15\ Interested parties may
submit cases briefs no later than 30 days after the date of publication
of this notice.\16\ 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.\17\ 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.\18\ Case and rebuttal briefs should be
filed using ACCESS.\19\
---------------------------------------------------------------------------
\15\ See 19 CFR 351.224(b).
\16\ See 19 CFR 351.309(c)(1)(ii).
\17\ See 19 CFR 351.309(d).
\18\ See 19 CFR 351.309(c)(2) and (d)(2).
\19\ 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.\20\ 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 be successfully
electronically filed in their entirety by 5 p.m. Eastern Time.
---------------------------------------------------------------------------
\20\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless otherwise extended, we intend to issue the final results of
this administrative review, including the results of our 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, Commerce 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.
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.
With respect to Erbosan, Borusan Birlesik, Borusan Gemlik, Borusan
Ihracat, Borusan Ithicat, Tubeco, Cayirova, Yucel, and Yucelboru, 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.\21\
---------------------------------------------------------------------------
\21\ 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 a 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.\22\ These deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\22\ 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(b)(4).
[[Page 26954]]
Dated: June 4, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
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. Particular Market Situation
5. Preliminary Determination of No Shipments
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. 2018-12480 Filed 6-8-18; 8:45 am]
BILLING CODE 3510-DS-P
