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]

Download as PDF Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Notices submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. You may submit attachments to electronic comments in Microsoft Word, Excel, or Adobe PDF file formats. 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: http://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. VerDate Sep<11>2014 16:57 Nov 21, 2019 Jkt 250001 64455 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: PO 00000 Frm 00003 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 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 on the internet at http:// 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. E:\FR\FM\22NON1.SGM 22NON1 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). VerDate Sep<11>2014 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 Frm 00004 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. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 22NON1

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]


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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\
---------------------------------------------------------------------------

    \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 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 on the internet at 
http://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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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