Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2017-2018, 64455-64457 [2019-25376]
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Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Notices
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SUPPLEMENTARY INFORMATION:
I. Abstract
All U.S. firms desiring to participate
in the NATO International Competitive
Bidding (ICB) process under the NATO
Security Investment Program (NSIP)
must be certified as technically,
financially and professionally
competent. The U.S. Department of
Commerce provides the Declaration of
Eligibility that certifies these firms. Any
such firm seeking certification is
required to submit a completed Form
BIS–4023P along with a current annual
financial report and a resume of past
projects in order to become certified and
placed on the Consolidated List of
Eligible Bidders.
II. Method of Collection
Applications are submitted to the U.S.
Department of Commerce’s Office of
Strategic Industries and Economic
Security, Defense Programs Division
where the contents are reviewed for
completeness and accuracy by the
NATO Program Specialist. The
application is a one-time effort. The
information provided on the BIS–4023P
form is used to certify the U.S. firm and
place it in the bidders list database.
BIS has developed a form-fillable
.PDF version of the BIS–4023P to enable
electronic submission of this form. The
form is available at the following URL:
https://www.bis.doc.gov/index.php/
other-areas/strategic-industries-andeconomic-security-sies/nato-relatedbusiness-opportunities. Completed
applications and supporting
documentation may be submitted
electronically via email.
khammond on DSKJM1Z7X2PROD with NOTICES
III. Data
OMB Control Number: 0694–0128.
Form Number(s): BIS–4023P.
Type of Review: Regular submission.
Affected Public: Business or other For
Profit.
Estimated Number of Respondents:
50.
Estimated Time per Response: 1 hour.
Estimated Total Annual Burden
Hours: 50.
Estimated Total Annual Cost to
Public: There is no cost to the
respondent other than time to answer
the information request.
Respondent’s Obligation: Voluntary.
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16:57 Nov 21, 2019
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Legal Authority: Section 401 (10) of
Executive order 12656 (November 18,
1988), 15 U.S.C. Section 1512.
DATES:
IV. Request for Comments
FOR FURTHER INFORMATION CONTACT:
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
William Horn or Alexis Cherry, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4868 or
(202) 482–0607, respectively.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
[FR Doc. 2019–25361 Filed 11–21–19; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–824]
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From
the Republic of Turkey: Final Results
of Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) continues to determine that
Noksel Celik Boru Sanayi A.S. (Noksel),
a producer and/or exporter of heavy
walled rectangular welded carbon steel
pipes and tubes (HWR pipes and tubes)
from the Republic of Turkey (Turkey),
sold subject merchandise in the United
States at prices below normal value
(NV) during the period of review (POR)
September 1, 2017 through August 31,
2018. We also determine that Cinar Boru
Profil San Ve Tic A.S. (Cinar Boru) had
no shipments of HWR pipes and tubes
during the POR. Based on an analysis of
the comments received, we have not
made changes to the weighted-average
AGENCY:
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Fmt 4703
Sfmt 4703
dumping margins listed in the ‘‘Final
Results of Review’’ section below.
Applicable November 22, 2019.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Results on July 19, 2019.1 For events
subsequent to the Preliminary Results,
see Commerce’s Issues and Decision
Memorandum.2
Scope of the Order
The products covered by the order are
HWR pipes and tubes from Turkey. A
full description of the scope of the order
is contained in the Issues and Decision
Memorandum.
Analysis of Comments Received
The issues raised by the petitioners in
their case brief are addressed in the
Issues and Decision Memorandum.3 A
list of topics included in the Issues and
Decision Memorandum is attached as an
Appendix to this notice. The Issues and
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 on the internet at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version of the Issues and
1 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Turkey:
Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2017–2018, 84 FR
34863 (July 19, 2019) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from the
Republic of Turkey: Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2017–2018,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 The petitioners were the only party which filed
a case brief in this administrative review.
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64456
Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Notices
Decision Memorandum are identical in
content.
Application of Adverse Facts Available
For these final results, we continue to
find that Noksel withheld necessary
information requested by Commerce,
failed to provide information to
Commerce by the required deadline,
and significantly impeded the
proceeding. Further, we continue to find
that because Noksel received
Commerce’s questionnaire but did not
respond to our request for information,
Noksel failed to cooperate to the best of
its ability. Therefore, we continue to
find that the application of adverse facts
available, pursuant to sections 776(a)
and (b) of the Act, is warranted with
respect to Noksel.
Final Determination of No Shipments
In the Preliminary Results, we found
that Cinar Boru 4 made no shipments of
the subject merchandise to the United
States during the POR. Also, in the
Preliminary Results, we stated that
consistent with our practice, it was not
appropriate to rescind the review with
respect to Cinar Boru, but rather to
complete the review and issue
appropriate instructions to U.S.
Customs and Border Protection (CBP)
based on the final results of this
review.5
After issuing the Preliminary Results,
we received no information that
contradicted our preliminary results.
Therefore, for these final results, we
continue to find that Cinar Boru made
no shipments of subject merchandise
during the POR. See the Issues and
Decision Memorandum for further
discussion.
khammond on DSKJM1Z7X2PROD with NOTICES
Rate for AFA and Non-Selected
Companies
For these final results, we continue to
assign to Noksel as AFA the highest rate
on the record of this proceeding. We
will also apply to the non-selected
companies the dumping margin that we
are applying to Noksel in this
4 Commerce initiated a review of Cinar Boru
Profil San Ve Tic Stl. See Initiation of Antidumping
and Countervailing Duty Administrative Reviews,
83 FR 57411 (November 15, 2018). However, the
company has identified itself as Cinar Boru Profil
San Ve Tic A.S. in its letters to Commerce. See, e.g.,
Cinar Boru’s Letter, ‘‘Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from Turkey
(A–489–824),’’ dated March 14, 2019 (Cinar Boru’s
No Shipment Letter). Commerce is hereby using
Cinar Boru’s spelling of its name.
5 See Preliminary Results, 84 FR at 34863–64; see
also, 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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18:00 Nov 21, 2019
Jkt 250001
administrative review.6 As discussed in
the Preliminary Results, Commerce’s
practice in calculating a rate for nonselected companies has been to look to
section 735(c)(5) of the Act for guidance.
In particular, section 735(c)(5)(B) of the
Act provides that where all rates are
zero, de minimis, or based entirely on
facts available, Commerce may use ‘‘any
reasonable method’’ for assigning the
rate to the non-selected companies. In
this review, the rate assigned to Noksel
is the only rate determined for an
individual respondent. Thus, in
accordance with the U.S. Court of
Appeals for the Federal Circuit’s
decision in Albemarle Corp. v. United
States,7 we continue to find that a
reasonable method for determining the
rate for the non-selected companies is to
use the dumping margin applied to
Noksel in this review.8
determined that Cinar Boru had no
shipments of the subject merchandise,
for entries of subject merchandise
during the POR produced, but not
exported by, Cinar Boru, we will
instruct CBP to liquidate any entries at
the all-others rate (i.e., 17.73 percent) if
there is no rate for the intermediate
company(ies) involved in the
transaction.11
We intend to issue instructions to
CBP 15 days after the date of
publication of the final results of this
review.
Cash Deposit Requirements
The following 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
Final Results of the Review
section 751(a)(2)(C) of the Act: (1) The
As a result of this review, we
cash deposit rates for each specific
determine the following weightedcompany listed above will be the
average dumping margins exist for the
weighted-average dumping margins
POR:
established in the final results of this
administrative review; (2) for
Weighted- merchandise exported by manufacturers
average
or exporters not covered in this review
Exporter/producer
dumping
but covered in a prior segment of the
margin
(percent)
proceeding, the cash deposit rate will
continue to be the company-specific rate
Agir Haddecilik A.S .....................
35.66 published for the most recently
MTS Lojistik ve Tasimacilik
completed segment of this proceeding in
Hizmetleri TIC A.S. Istanbul ...
35.66
Noksel Celik Boru Sanayi A.S ....
35.66 which the manufacturer or exporter
participated; (3) if the exporter is not a
Ozdemir Boru Profil San. ve Tic.
Ltd. Sti 9 ...................................
35.66 firm covered in this review, a prior
review, or the original less-than-fairvalue (LTFV) investigation, but the
Assessment Rates
manufacturer is, the cash deposit rate
Commerce has determined, and CBP
will be the rate established for the most
shall assess, antidumping duties on all
recently completed segment of the
appropriate entries of subject
proceeding for the manufacturer of the
merchandise in accordance with these
merchandise; and (4) the cash deposit
final results of review.10 Pursuant to
rate for all other manufacturers or
section 776(a) and (b) of the Act,
exporters will continue to be 17.73
because Commerce has applied AFA to
percent ad valorem, the all-others rate
Noksel, we will instruct CBP to apply
established in the LTFV investigation.12
the rate of 35.66 percent to Noksel’s
These cash deposit requirements, when
suspended entries of the subject
imposed, shall remain in effect until
merchandise for the POR. For the
further notice.
companies that were not selected for
individual examination, we used as the
Notification to Importers Regarding the
assessment rate the cash deposit rate
Reimbursement of Duties
assigned to Noksel. Because we
This notice also serves as a final
reminder to importers of their
6 See, e.g., Diamond Sawblades and Parts Thereof
responsibility under 19 CFR
from the People’s Republic of China: Final Results
351.402(f)(2) to file a certificate
of Antidumping Duty Administrative Review; 2015–
regarding the reimbursement of
2016, 83 FR 17527 (April 20, 2018), and
accompanying Issues and Decision Memorandum at
Comment 4.
7 See Ablemarle Corp. v. United States, 821 F.3d
1345 (Fed. Cir. 2016).
8 See PDM at 7–8.
9 This rate only applies to subject merchandise
that was not both exported and produced by
Ozdemir Boru Profil San. ve Tic. Ltd. Sti.
10 See 19 CFR 351.212(b).
PO 00000
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Fmt 4703
Sfmt 4703
11 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
12 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes From the Republic of Turkey:
Final Determination of Sales at Less Than Fair
Value, 81 FR 47355 (July 21, 2016).
E:\FR\FM\22NON1.SGM
22NON1
Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Notices
antidumping duties prior to liquidation
of the relevant entries during the POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: November 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary, for Enforcement and
Compliance.
Appendix
[FR Doc. 2019–25376 Filed 11–21–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Final Determination of No Shipments
In the Preliminary Results, Commerce
found that (1) BIM Foods Joint Stock
Company, (2) Camranh Seafoods Co.,
Ltd, and (3) Vinh Hoan Corp.4 did not
khammond on DSKJM1Z7X2PROD with NOTICES
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Final Results and Final
Determination of No Shipments of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that no
companies under review qualify for a
separate rate, and that these companies
are therefore considered part of the
VerDate Sep<11>2014
16:57 Nov 21, 2019
Jkt 250001
Background
On September 12, 2019, Commerce
published in the Federal Register the
Preliminary Results 1 of the
administrative review of the
antidumping duty order on certain
frozen warmwater shrimp from the
Socialist Republic of Vietnam
(Vietnam). This review covers 73
companies preliminarily determined to
be part of the Vietnam-wide entity and
three companies preliminarily
determined to have no reviewable
transactions during the POR. We invited
parties to comment on the Preliminary
Results.2 No interested party submitted
case briefs in the instant review.
Commerce conducted this
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The merchandise subject to the order
is certain frozen warmwater shrimp.
The product is currently classified
under the following Harmonized Tariff
Schedule of the United States (HTSUS)
item numbers: 0306.17.00.03,
0306.17.00.06, 0306.17.00.09,
0306.17.00.12, 0306.17.00.15,
0306.17.00.18, 0306.17.00.21,
0306.17.00.24, 0306.17.00.27,
0306.17.00.40, 1605.21.10.30, and
1605.29.10.10. Although the HTSUS
numbers are provided for convenience
and for customs purposes, the written
product description remains
dispositive.3
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issue: Certification of
No Shipments
V. Recommendation
AGENCY:
Vietnam-wide entity. The period of
review (POR) is February 1, 2018
through January 31, 2019.
DATES: Applicable November 22, 2019.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6905.
SUPPLEMENTARY INFORMATION:
1 See Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Preliminary Results,
Partial Rescission, and Preliminary Determination
of No Shipments, of Antidumping Duty
Administrative Review; 2018–2019, 84 FR 48109
(September 12, 2019) (Preliminary Results).
2 Id.
3 For a complete description of the scope of the
order, see Appendix I.
4 See Preliminary Results, 84 FR at 48110.
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64457
have any reviewable transactions during
the POR. As we have not received any
information to contradict this
preliminary finding, Commerce
determines that these three companies
did not have any reviewable entries of
subject merchandise during the POR,
and will issue appropriate instructions
that are consistent with our ‘‘automatic
assessment’’ clarification, for these final
results.
Final Results of the Review
As no parties submitted comments
regarding the Preliminary Results,
Commerce made no changes to its
determinations for the final results of
this review. For these final results,
Commerce continues to find that the
four selected mandatory respondents 5
did not respond to the questionnaire;
thus, they have not established
eligibility for a separate rate. Further,
Commerce continues to find that 73
companies under review, including the
four mandatory respondents, are part of
the Vietnam-wide entity, and are thus
subject to the Vietnam-wide entity rate
of 25.76 percent (see Appendix II).
Disclosure and Public Comment
Normally, Commerce will disclose the
calculations used in its analysis to
parties in this review within five days
of the date of publication of the notice
of final results in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, here Commerce only applied
the Vietnam-wide rate, established in
the underlying investigation, to the 73
companies identified in Appendix II.6
Thus, there are no calculations to
disclose.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), Commerce
will determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review.
5 The four companies selected for individual
examination are: (1) Cadovimex Seafood ImportExport & Processing Joint-Stock Company; (2)
Phuong Nam Co., Ltd.; (3) New Generation Seafood
Joint Stock Company; and (4) Viet Asia Foods
Company Limited.
6 See Final Determination of Sales at Less Than
Fair Value: Certain Frozen and Canned Warmwater
Shrimp from the Socialist Republic of Vietnam, 69
FR 71005, 71008 (December 8, 2004), and
accompanying Issues and Decision Memorandum at
Comments 6 and 10C (‘‘we have applied a rate of
25.76 percent, a rate calculated in the initiation
stage of the investigation from information provided
in the petition . . .’’).
E:\FR\FM\22NON1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Notices]
[Pages 64455-64457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25376]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-824]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
the Republic of Turkey: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2017-
2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) continues to determine
that Noksel Celik Boru Sanayi A.S. (Noksel), a producer and/or exporter
of heavy walled rectangular welded carbon steel pipes and tubes (HWR
pipes and tubes) from the Republic of Turkey (Turkey), sold subject
merchandise in the United States at prices below normal value (NV)
during the period of review (POR) September 1, 2017 through August 31,
2018. We also determine that Cinar Boru Profil San Ve Tic A.S. (Cinar
Boru) had no shipments of HWR pipes and tubes during the POR. Based on
an analysis of the comments received, we have not made changes to the
weighted-average dumping margins listed in the ``Final Results of
Review'' section below.
DATES: Applicable November 22, 2019.
FOR FURTHER INFORMATION CONTACT: William Horn or Alexis Cherry, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4868 or (202)
482-0607, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on July 19, 2019.\1\ For
events subsequent to the Preliminary Results, see Commerce's Issues and
Decision Memorandum.\2\
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\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Turkey: Preliminary Results of
Antidumping Duty Administrative Review and Preliminary Determination
of No Shipments; 2017-2018, 84 FR 34863 (July 19, 2019) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Turkey: Issues and
Decision Memorandum for the Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2017-
2018,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are HWR pipes and tubes from
Turkey. A full description of the scope of the order is contained in
the Issues and Decision Memorandum.
Analysis of Comments Received
The issues raised by the petitioners in their case brief are
addressed in the Issues and Decision Memorandum.\3\ A list of topics
included in the Issues and Decision Memorandum is attached as an
Appendix to this notice. The Issues and 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 on the internet at
https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version of the Issues and
[[Page 64456]]
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\3\ The petitioners were the only party which filed a case brief
in this administrative review.
---------------------------------------------------------------------------
Application of Adverse Facts Available
For these final results, we continue to find that Noksel withheld
necessary information requested by Commerce, failed to provide
information to Commerce by the required deadline, and significantly
impeded the proceeding. Further, we continue to find that because
Noksel received Commerce's questionnaire but did not respond to our
request for information, Noksel failed to cooperate to the best of its
ability. Therefore, we continue to find that the application of adverse
facts available, pursuant to sections 776(a) and (b) of the Act, is
warranted with respect to Noksel.
Final Determination of No Shipments
In the Preliminary Results, we found that Cinar Boru \4\ made no
shipments of the subject merchandise to the United States during the
POR. Also, in the Preliminary Results, we stated that consistent with
our practice, it was not appropriate to rescind the review with respect
to Cinar Boru, but rather to complete the review and issue appropriate
instructions to U.S. Customs and Border Protection (CBP) based on the
final results of this review.\5\
---------------------------------------------------------------------------
\4\ Commerce initiated a review of Cinar Boru Profil San Ve Tic
Stl. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411 (November 15, 2018). However,
the company has identified itself as Cinar Boru Profil San Ve Tic
A.S. in its letters to Commerce. See, e.g., Cinar Boru's Letter,
``Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from
Turkey (A-489-824),'' dated March 14, 2019 (Cinar Boru's No Shipment
Letter). Commerce is hereby using Cinar Boru's spelling of its name.
\5\ See Preliminary Results, 84 FR at 34863-64; see also, 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).
---------------------------------------------------------------------------
After issuing the Preliminary Results, we received no information
that contradicted our preliminary results. Therefore, for these final
results, we continue to find that Cinar Boru made no shipments of
subject merchandise during the POR. See the Issues and Decision
Memorandum for further discussion.
Rate for AFA and Non-Selected Companies
For these final results, we continue to assign to Noksel as AFA the
highest rate on the record of this proceeding. We will also apply to
the non-selected companies the dumping margin that we are applying to
Noksel in this administrative review.\6\ As discussed in the
Preliminary Results, Commerce's practice in calculating a rate for non-
selected companies has been to look to section 735(c)(5) of the Act for
guidance. In particular, section 735(c)(5)(B) of the Act provides that
where all rates are zero, de minimis, or based entirely on facts
available, Commerce may use ``any reasonable method'' for assigning the
rate to the non-selected companies. In this review, the rate assigned
to Noksel is the only rate determined for an individual respondent.
Thus, in accordance with the U.S. Court of Appeals for the Federal
Circuit's decision in Albemarle Corp. v. United States,\7\ we continue
to find that a reasonable method for determining the rate for the non-
selected companies is to use the dumping margin applied to Noksel in
this review.\8\
---------------------------------------------------------------------------
\6\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2015-2016, 83 FR 17527 (April 20, 2018), and
accompanying Issues and Decision Memorandum at Comment 4.
\7\ See Ablemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016).
\8\ See PDM at 7-8.
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Final Results of the Review
As a result of this review, we determine the following weighted-
average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Agir Haddecilik A.S......................................... 35.66
MTS Lojistik ve Tasimacilik Hizmetleri TIC A.S. Istanbul.... 35.66
Noksel Celik Boru Sanayi A.S................................ 35.66
Ozdemir Boru Profil San. ve Tic. Ltd. Sti \9\............... 35.66
------------------------------------------------------------------------
Assessment Rates
Commerce has determined, and CBP shall assess, antidumping duties
on all appropriate entries of subject merchandise in accordance with
these final results of review.\10\ Pursuant to section 776(a) and (b)
of the Act, because Commerce has applied AFA to Noksel, we will
instruct CBP to apply the rate of 35.66 percent to Noksel's suspended
entries of the subject merchandise for the POR. For the companies that
were not selected for individual examination, we used as the assessment
rate the cash deposit rate assigned to Noksel. Because we determined
that Cinar Boru had no shipments of the subject merchandise, for
entries of subject merchandise during the POR produced, but not
exported by, Cinar Boru, we will instruct CBP to liquidate any entries
at the all-others rate (i.e., 17.73 percent) if there is no rate for
the intermediate company(ies) involved in the transaction.\11\
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\9\ This rate only applies to subject merchandise that was not
both exported and produced by Ozdemir Boru Profil San. ve Tic. Ltd.
Sti.
\10\ See 19 CFR 351.212(b).
\11\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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We intend to issue instructions to CBP 15 days after the date of
publication of the final results of this review.
Cash Deposit Requirements
The following 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 rates for each specific
company listed above will be the weighted-average dumping margins
established in the final results of this administrative review; (2) for
merchandise exported by manufacturers 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 recently completed segment of this proceeding in which the
manufacturer or exporter participated; (3) 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, the cash
deposit rate will be the rate established for the most recently
completed segment of the proceeding for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 17.73 percent ad valorem, the all-
others rate established in the LTFV investigation.\12\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\12\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes From the Republic of Turkey: Final Determination of Sales at
Less Than Fair Value, 81 FR 47355 (July 21, 2016).
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Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
[[Page 64457]]
antidumping duties prior to liquidation of the relevant entries during
the POR. Failure to comply with this requirement could result in
Commerce's presumption that reimbursement of antidumping duties
occurred and the subsequent assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: November 15, 2019.
Jeffrey I. Kessler,
Assistant Secretary, for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issue: Certification of No Shipments
V. Recommendation
[FR Doc. 2019-25376 Filed 11-21-19; 8:45 am]
BILLING CODE 3510-DS-P
