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]

Download as PDF 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publication of the notice of final results of administrative review for all shipments of OBAs from Taiwan entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for TFM will be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. VerDate Sep<11>2014 19:19 Jun 08, 2018 Jkt 244001 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: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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. E:\FR\FM\11JNN1.SGM 11JNN1 26952 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. daltland on DSKBBV9HB2PROD with NOTICES 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). VerDate Sep<11>2014 19:19 Jun 08, 2018 Jkt 244001 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 http://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 http://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. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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). E:\FR\FM\11JNN1.SGM 11JNN1 26953 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 VerDate Sep<11>2014 19:19 Jun 08, 2018 Jkt 244001 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). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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). E:\FR\FM\11JNN1.SGM 11JNN1 26954 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Notices 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. daltland on DSKBBV9HB2PROD with NOTICES AGENCY: SUPPLEMENTARY INFORMATION: Background On November 13, 2014, Commerce published the CVD Order on chloro isos VerDate Sep<11>2014 19:19 Jun 08, 2018 Jkt 244001 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 http:// 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 http://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]


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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; 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).
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    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).
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    \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\
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    \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.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\7\
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    \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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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 
http://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 http://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\
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    \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.
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    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\
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    \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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    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\
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    \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.
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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, 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).
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    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).
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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.
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    \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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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