Large Diameter Welded Pipe From the Republic of Turkey: Notice of Court Decision Not in Harmony With Amended Final Determination in the Less-Than-Fair-Value Investigation; Notice of Amended Final Determination Pursuant to Court Decision; and Notice of Revocation of Antidumping Duty Order, in Part, 35262-35264 [2020-12446]
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<![CDATA[
35262
Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Notices
A–570–067 and C–570–068: Forged
Steel Fittings From China
A–570–084, C–570–085: Quartz Surface
Products From China
Requestor: Alemite, LLC. Hydraulic
hand gun coupler and the universal
swivel assembly are not covered by the
scope of the AD and CVD orders on
forged steel fittings from China because
they are made to different industry
standards and temporarily connect to
hoses that cannot convey corrosive
materials; January 8, 2020.
Requestor: Deyuan Panmin
International Limited and Xiamen
Deyuan Panmin Trading Co., Ltd.
(collectively, Panmin); Based on the
plain language of the scope of the orders
and in accordance with 19 CFR
351.225(k)(1), Panmin’s three ‘‘ZZ’’
series glass products for which it
requested an exclusion (i.e., ZZ3003,
ZZ7119, and ZZ7027) are within the
scope of the AD and CVD orders on
quartz surface products from China;
February 20, 2020.
A–570–040 and C–570–041: Truck and
Bus Tires From China
Requestor: America Koryo, Inc.; size
8–14.5 truck and bus tires imported by
America Koryo, Inc. from China are not
within the scope of the AD and CVD
orders. Size 11–22.5 truck and bus tires
imported by America Koryo, Inc. from
China are within the scope of the orders;
January 8, 2020.
A–570–899: Artist Canvas From China
Requestor: Global Textile Partners,
Inc. Certain woven blockout material
and certain woven blackout material
(collectively, blockout and backlit
fabric) which Global Textile imports is
not within the scope of the AD order on
artist canvas from China because no
priming or coating (i.e., gesso) is applied
to the blockout and backlit fabric in
order to promote the adherence of artist
materials, such as paint or ink, to the
fabric, a defining characteristic of the
artist canvas subject to the scope of
order; January 21, 2020.
A–570–010 and C–570–011: Crystalline
Silicon Photovoltaic Products From
China
Requestor: SunSpark Technology Inc.
Commerce found that solar panels and
cells that are manufactured in Vietnam
from unprocessed wafers imported from
China are not covered by the scope of
the AD and CVD orders on solar
products from China because the scope
only covers photovoltaic panels and
modules that are assembled in China
from non-Chinese solar cells. Using
documentation submitted to the record,
importer SunSpark demonstrated that
the merchandise in question was
assembled in Vietnam; January 23, 2020.
jbell on DSKJLSW7X2PROD with NOTICES
A–570–890: Wooden Bedroom
Furniture From China
Requestor: Zinus Inc. USA, Zinus
(Xiamen) Inc., and Zinus (Zhangzhou)
Inc. Seven upholstered platform beds
are not covered by the scope of the AD
order on wooden bedroom furniture
from China because they meet the scope
exclusion for ‘‘completely upholstered’’
beds; January 27, 2020.
VerDate Sep<11>2014
23:08 Jun 08, 2020
Jkt 250001
A–570–073 and C–570–074: Common
Alloy Aluminum Sheet From China
Requestor: K2W Precision Inc. Not
clad aluminum sheet manufactured
from 6061 alloy aluminum is not
covered by the scope of AD and CVD
orders on common alloy aluminum
sheet from China because the scope only
covers not clad aluminum sheet that is
manufactured from a 1XXX, 3XXX, or
5XXX series alloy. The scope does not
reference not clad aluminum sheet
manufactured from a 6XXX-series alloy;
March 20, 2020.
A–570–932: Certain Steel Threaded Rod
From China
Requester: All-Pro Fasteners, Inc.
ASTM A449 hot-dipped galvanized allthreaded rods and studs are not covered
by the scope of the AD order on certain
steel threaded rod from China because
they are heat treated/through-hardened,
consistent with ASTM A449, and
include a ‘‘A449’’ marking on the head;
March 27, 2020 (Preliminary Ruling)
Thailand
Requestor: Self-Initiated. Commerce
preliminarily found that line pipe is not
covered by the scope of the AD order on
circular welded carbon steel pipes and
tubes from Thailand because the
petitioner withdrew the petition with
respect to line pipe during the
underlying investigation and the ITC’s
injury investigation did not include line
pipe. However, products that are dualstenciled as standard and line pipe are
covered by the order; February 24, 2020.
Anti-Circumvention Determinations
Made January 1, 2020 Through March
31, 2020
China
A–570–900: Diamond Sawblades and
Parts Thereof From China
Requestor: Diamond Sawblades
Manufacturers’ Coalition; diamond
Frm 00008
A–570–028—Hydrofluorocarbon Blends
From China
Anti-circumvention Inquiry: Imports
of unfinished blends of
hydrofluorocarbon (HFC) components
R–32 and R–125 from China are
circumventing the AD order on HFC
blends from China; March 18, 2020.
Notification to Interested Parties
Interested parties are invited to
comment on the completeness of this
list of completed scope inquiries and
anti-circumvention determinations
made during the period January 1, 2020
through March 31, 2020. Any comments
should be submitted to the Deputy
Assistant Secretary for AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, 1401 Constitution
Avenue NW, APO/Dockets Unit, Room
18022, Washington, DC 20230.
This notice is published in
accordance with 19 CFR 351.225(o).
Dated: June 3, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–12425 Filed 6–8–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–833]
A–549–502: Circular Welded Carbon
Steel Pipes and Tubes From Thailand
PO 00000
sawblades made with Chinese cores and
Chinese segments in Canada by Protech
Diamond Tools Inc. and exported from
Canada to the United States are within
the scope of the order; February 20,
2020.
Fmt 4703
Sfmt 4703
Large Diameter Welded Pipe From the
Republic of Turkey: Notice of Court
Decision Not in Harmony With
Amended Final Determination in the
Less-Than-Fair-Value Investigation;
Notice of Amended Final
Determination Pursuant to Court
Decision; and Notice of Revocation of
Antidumping Duty Order, in Part
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: On May 22, 2020, the United
States Court of International Trade (CIT)
sustained the Department of
Commerce’s (Commerce’s) remand
redetermination pertaining to the lessthan-fair-value (LTFV) investigation of
large diameter welded pipe (LDWP)
from the Republic of Turkey (Turkey).
Commerce is notifying the public that
the CIT’s final judgment in this
litigation is not in harmony with
AGENCY:
E:\FR\FM\09JNN1.SGM
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Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Notices
Commerce’s amended final
determination and order in the LTFV
investigation of LDWP from Turkey.
Pursuant to the CIT’s final judgment,
Commerce is amending the estimated
weighted-average dumping margins for
Borusan Mannesman Boru Sanayi ve
Ticaret A.S. (Borusan) and all other
producers and exporters of subject
merchandise, and Borusan is being
excluded from the order.
DATES: Applicable June 1, 2020.
FOR FURTHER INFORMATION CONTACT:
William Miller, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3906.
SUPPLEMENTARY INFORMATION:
Background
The litigation in Borusan Mannesman
Boru Sanayi ve Ticaret A.S. v. United
States 1 relates to Commerce’s Final
Determination 2 in the LTFV
investigation covering LDWP from
Turkey. In the underlying LTFV
investigation, Commerce made an
affirmative final determination that
imports of LDWP from Turkey
(including imports from Borusan) were
being, or were likely to be, sold for
LTFV. Commerce granted mandatory
respondent Borusan a post-sale price
adjustment for certain home market
sales; however, Commerce recalculated
the amount of that adjustment based on
an agreement that predated the filing of
the petition.3 Additionally, Commerce
based the date of sale for Borusan’s U.S.
sales on the earlier of shipment or
invoice date because, although Borusan
claimed the purchase order date was the
appropriate date of sale, Borusan’s
purchase orders were subject to
multiple revisions and Borusan was
unable to explain when no further
changes were permitted (i.e., when the
material terms of its sales were final).4
Commerce also found that a particular
market situation (PMS) existed in
Turkey that distorted the costs of hotrolled coil used to produce LDWP, and
as a result, Commerce adjusted
Borusan’s cost of production for the
purposes of the sales-below-cost test.5
Borusan appealed Commerce’s final
determination to the CIT, and on
January 7, 2020, the CIT remanded to
Commerce to:
(1) Allow a post-sale price adjustment
for the amount for which Borusan
established it was liable and actually
paid, unless Commerce had additional
evidence that shows an improper
allocation for the claimed adjustment;6
(2) determine whether the regulatory
presumption in favor of invoice date
governs, and if the material terms of the
sale were essentially fixed before
invoice date;7 and
(3) not adjust the reported production
costs based on a PMS for the purposes
of the sales-below-cost test.8
On March 9, 2020, Commerce issued
the Final Results of Redetermination in
accordance with the CIT’s remand
order, under respectful protest.9 On
remand, Commerce granted Borusan the
full amount of the post-sale price
adjustment as reported in its home
market sales data which resulted in a de
minimis estimated weighted-average
dumping margin for Borusan.10
Therefore, because Borusan’s estimated
weighted-average dumping margin
would only be further reduced were
Commerce to adjust its calculations for
the remaining issues remanded (i.e.,
U.S. date of sale and PMS adjustment),
Commerce did not reach these issues for
purposes of the Final Results of
Redetermination.11 On May 22, 2020,
the CIT sustained the Final Results of
Redetermination.12
Timken Notice
In its decision in Timken,13 as
clarified by Diamond Sawblades, 14 the
United States Court of Appeals for the
Federal Circuit (Federal Circuit) held
that, pursuant to section 516A of the
Tariff Act of 1930, as amended (the Act),
Commerce must publish a notice of
court decision that is not ‘‘in harmony’’
with a Commerce determination and
must suspend liquidation of entries
pending a ‘‘conclusive’’ court
decision.15 The CIT’s May 22, 2020,
judgment sustaining Commerce’s Final
Results of Redetermination constitutes a
final decision of the CIT that is not in
harmony with Commerce’s Amended
Final Determination and Order. Thus,
this notice is published in fulfillment of
the publication requirements of Timken
and section 516A of the Act.
Amended Final Determination
Because there is now a final court
decision, Commerce is amending its
Amended Final Determination and
Order with respect to the estimated
weighted-average dumping margins for
Borusan and the companies covered by
the all-others rate. The revised
estimated weighted-average dumping
margins for these entities are as follows:
Estimated
weighted-average
dumping margin
(percent)
Company
jbell on DSKJLSW7X2PROD with NOTICES
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. ..............................................................................
HDM Celik Boru Sanayi ve Ticaret A.S. .................................................................................................
All Others 17 .............................................................................................................................................
1 See Borusan Mannesmann Boru Sanayi ve
Ticaret A.S. v. United States, 426 F. Supp. 3d 1395
(CIT 2020) (Borusan); and Borusan Mannesmann
Boru Sanayi ve Ticaret A.S. v. United States,
Consol. Court No. 19–00056, Slip Op. 20–71 (CIT
May 22, 2020) (Borusan II).
2 See Large Diameter Welded Pipe from the
Republic of Turkey: Final Determination of Sales at
Less Than Fair Value, 84 FR 6362 (February 27,
2019) (Final Determination), and accompanying
Issues and Decision Memorandum (IDM), amended
by Large Diameter Welded Pipe from the Republic
of Turkey: Amended Final Affirmative
VerDate Sep<11>2014
23:08 Jun 08, 2020
Jkt 250001
Antidumping Duty Determination and
Antidumping Duty Order, 84 FR 18799 (May 2,
2019) (Amended Final Determination and Order).
3 See Final Determination IDM at Comment 3.
4 Id. at Comment 2.
5 Id. at Comment 1.
6 See Borusan, 426 F. Supp. 3d at 1410, 1414–15.
7 Id., 426 F. Supp. 3d at 1403, 1414–15.
8 Id., 426 F. Supp. 3d at 1411–12, 14–1415.
9 See ‘‘Final Results of Redetermination Pursuant
to Court Remand, Borusan Mannesmann Boru
Sanayi ve Ticaret A.S. v. United States Court No.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
0.78
2.57
2.57
Cash deposit
(adjusted for
subsidy offset(s))
(percent) 16
N/A
1.57
1.57
19–00056, Slip Op. 20–4 (CIT 2020),’’ dated March
9, 2020 (Final Results of Redetermination).
10 Id.
11 Id. at 2.
12 See Borusan II.
13 See Timken Co. v. United States, 893 F. 2d 337
(Fed. Cir. 1990) (Timken).
14 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F. 3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
15 See sections 516A(c) and (e) of the Act.
E:\FR\FM\09JNN1.SGM
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35264
Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Notices
Amended Antidumping Duty Order
Pursuant to section 735(a)(4) of the
Act, Commerce ‘‘shall disregard any
weighted average dumping margin that
is de minimis as defined in section
733(b)(3) of the Act.’’ 18 As a result of
this amended final determination, in
which Commerce has calculated an
estimated weighted-average dumping
margin for Borusan that is de minimis,
Commerce is hereby excluding
merchandise produced and exported by
Borusan from the antidumping duty
(AD) order.19 If the CIT’s ruling is not
appealed, or if appealed and upheld,
Commerce will direct U.S. Customs and
Border Protection (CBP) to release any
bonds or other security and refund cash
deposits pertaining to any suspended
entries from Borusan. This exclusion
does not apply to any other
companies.20
jbell on DSKJLSW7X2PROD with NOTICES
Continued Suspension of Entries for
Borusan
Pursuant to Timken, the suspension
of liquidation must continue during the
pendency of the appeals process. Thus,
we will instruct CBP to suspend
liquidation of all unliquidated entries
from Borusan at a cash deposit rate of
zero percent which are entered, or
withdrawn from warehouse, for
consumption after June 1, 2020, which
is ten days after the CIT’s final decision,
in accordance with section 516A of the
Act.21 If the CIT’s ruling is not appealed,
16 See Amended Final Determination and Order,
84 FR at 18800.
17 As explained in the Final Results of
Redetermination, Commerce calculated a de
minimis margin for Borusan. See Final Results of
Redetermination at 11. Therefore, the only rate that
is not zero, de minimis, or based entirely on facts
otherwise available in the underlying LTFV
investigation is the rate calculated for the other
mandatory respondent, HDM Celik Boru Sanayi ve
Ticaret A.S. (HDM). See Amended Final
Determination and Order, 84 FR at 18800.
Consequently, the rate calculated for HDM is also
assigned as the estimated weighted-average
dumping margin for all other producers and
exporters, pursuant to section 735(c)(5)(A) of the
Act.
18 Section 733(b)(3) of the Act defines de minimis
dumping margin as ‘‘less than 2 percent ad valorem
or the equivalent specific rate for the subject
merchandise.’’
19 See Final Results of Redetermination at 11.
20 See supra, n.2.
21 See, e.g., Drill Pipe from the People’s Republic
of China: Notice of Court Decision Not in Harmony
with International Trade Commission’s Injury
Determination, Revocation of Antidumping and
Countervailing Duty Orders Pursuant to Court
Decision, and Discontinuation of Countervailing
Duty Administrative Review, 79 FR 78037, 78038
(December 29, 2014); High Pressure Steel Cylinders
From the People’s Republic of China: Notice of
Court Decision Not in Harmony With Final
Determination in Less Than Fair Value
Investigation, Notice of Amended Final
Determination Pursuant to Court Decision, Notice of
Revocation of Antidumping Duty Order in Part, and
VerDate Sep<11>2014
01:09 Jun 09, 2020
Jkt 250001
or if appealed and upheld, Commerce
will instruct CBP to terminate the
suspension of liquidation and to
liquidate entries produced and exported
by Borusan without regard to
antidumping duties. As a result of
Borusan’s exclusion from the AD order,
Commerce will not initiate any new
administrative reviews of the company’s
entries.22
Liquidation of Suspended Entries for
Borusan
At this time, Commerce remains
enjoined by CIT order from liquidating
entries that: (1) Were produced and
exported by Borusan, and were entered,
or withdrawn from warehouse, for
consumption on or after August 27,
2018, up to and including February 22,
2019; and (2) were produced and/or
exported by Borusan, and were entered,
or withdrawn from warehouse, for
consumption on or after April 19, 2019,
up to and including April 30, 2020.
These entries will remain enjoined
pursuant to the terms of the injunction
during the pendency of any appeals
process.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c)(1) and
(e), and 777(i)(1) of the Act.
Dated: June 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–12446 Filed 6–8–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–846]
Refillable Stainless Steel Kegs From
the Federal Republic of Germany: Final
Results of Changed Circumstances
Review and Revocation of
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: For the final results of this
changed circumstances review (CCR),
the Department of Commerce
(Commerce) is revoking, in whole, the
antidumping duty (AD) order on
refillable stainless steel kegs (kegs) from
the Federal Republic of Germany
AGENCY:
Discontinuation of Fifth Antidumping Duty
Administrative Review, 82 FR 46758, 46760
(October 6, 2017).
22 Currently there are no ongoing administrative
reviews of this order.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
(Germany) based upon a request from
American Keg Company (the petitioner).
DATES: Applicable June 9, 2020.
FOR FURTHER INFORMATION CONTACT:
Allison Hollander, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2805.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2019, Commerce
published the AD Order.1 On January
30, 2020, the petitioner requested that
Commerce conduct an expedited CCR
for this AD Order, pursuant to section
751(b) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.216
(b). The petitioner expressed a lack of
interest in the continuation of this AD
Order and requested the revocation of
the AD Order. In its request, the
petitioner addressed the conditions
under which Commerce may revoke an
order in whole or in part pursuant to 19
CFR 351.222(g). Commerce published
the initiation and preliminary results of
this CCR on May 11, 2020.2 On May 26,
2020, we received comments from the
petitioner.3
Scope of the AD Order
The merchandise covered by the order
are kegs, vessels, or containers with
bodies that are approximately
cylindrical in shape, made from
stainless steel (i.e., steel containing at
least 10.5 percent chromium by weight
and less than 1.2 percent carbon by
weight, with or without other elements),
and that are compatible with a ‘‘D
Sankey’’ extractor (refillable stainless
steel kegs) with a nominal liquid
volume capacity of 10 liters or more,
regardless of the type of finish, gauge,
thickness, or grade of stainless steel, and
whether or not covered by or encased in
other materials. Refillable stainless steel
kegs may be imported assembled or
unassembled, with or without all
components (including spears, couplers
or taps, necks, collars, and valves), and
be filled or unfilled.
1 See Refillable Stainless Steel Kegs from the
Federal Republic of Germany and the People’s
Republic of China: Antidumping Duty Orders, 84
FR 68405 (December 16, 2019) (AD Order).
2 See Refillable Stainless Steel Kegs from the
Federal Republic of Germany: Initiation and
Preliminary Results of Changed Circumstances
Review and Intent to Revoke Order, 85 FR 27717
(May 11, 2020) (Preliminary Results).
3 See Petitioner’s Letter, ‘‘Refillable Stainless
Steel Kegs from the Federal Republic of Germany:
Comments on Initiation and Preliminary Results of
Changed Circumstances Review,’’ dated May 26,
2020 (Petitioner Comments).
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]]>Agencies
[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Notices]
[Pages 35262-35264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12446]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-833]
Large Diameter Welded Pipe From the Republic of Turkey: Notice of
Court Decision Not in Harmony With Amended Final Determination in the
Less-Than-Fair-Value Investigation; Notice of Amended Final
Determination Pursuant to Court Decision; and Notice of Revocation of
Antidumping Duty Order, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: On May 22, 2020, the United States Court of International
Trade (CIT) sustained the Department of Commerce's (Commerce's) remand
redetermination pertaining to the less-than-fair-value (LTFV)
investigation of large diameter welded pipe (LDWP) from the Republic of
Turkey (Turkey). Commerce is notifying the public that the CIT's final
judgment in this litigation is not in harmony with
[[Page 35263]]
Commerce's amended final determination and order in the LTFV
investigation of LDWP from Turkey. Pursuant to the CIT's final
judgment, Commerce is amending the estimated weighted-average dumping
margins for Borusan Mannesman Boru Sanayi ve Ticaret A.S. (Borusan) and
all other producers and exporters of subject merchandise, and Borusan
is being excluded from the order.
DATES: Applicable June 1, 2020.
FOR FURTHER INFORMATION CONTACT: William Miller, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3906.
SUPPLEMENTARY INFORMATION:
Background
The litigation in Borusan Mannesman Boru Sanayi ve Ticaret A.S. v.
United States \1\ relates to Commerce's Final Determination \2\ in the
LTFV investigation covering LDWP from Turkey. In the underlying LTFV
investigation, Commerce made an affirmative final determination that
imports of LDWP from Turkey (including imports from Borusan) were
being, or were likely to be, sold for LTFV. Commerce granted mandatory
respondent Borusan a post-sale price adjustment for certain home market
sales; however, Commerce recalculated the amount of that adjustment
based on an agreement that predated the filing of the petition.\3\
Additionally, Commerce based the date of sale for Borusan's U.S. sales
on the earlier of shipment or invoice date because, although Borusan
claimed the purchase order date was the appropriate date of sale,
Borusan's purchase orders were subject to multiple revisions and
Borusan was unable to explain when no further changes were permitted
(i.e., when the material terms of its sales were final).\4\ Commerce
also found that a particular market situation (PMS) existed in Turkey
that distorted the costs of hot-rolled coil used to produce LDWP, and
as a result, Commerce adjusted Borusan's cost of production for the
purposes of the sales-below-cost test.\5\
---------------------------------------------------------------------------
\1\ See Borusan Mannesmann Boru Sanayi ve Ticaret A.S. v. United
States, 426 F. Supp. 3d 1395 (CIT 2020) (Borusan); and Borusan
Mannesmann Boru Sanayi ve Ticaret A.S. v. United States, Consol.
Court No. 19-00056, Slip Op. 20-71 (CIT May 22, 2020) (Borusan II).
\2\ See Large Diameter Welded Pipe from the Republic of Turkey:
Final Determination of Sales at Less Than Fair Value, 84 FR 6362
(February 27, 2019) (Final Determination), and accompanying Issues
and Decision Memorandum (IDM), amended by Large Diameter Welded Pipe
from the Republic of Turkey: Amended Final Affirmative Antidumping
Duty Determination and Antidumping Duty Order, 84 FR 18799 (May 2,
2019) (Amended Final Determination and Order).
\3\ See Final Determination IDM at Comment 3.
\4\ Id. at Comment 2.
\5\ Id. at Comment 1.
---------------------------------------------------------------------------
Borusan appealed Commerce's final determination to the CIT, and on
January 7, 2020, the CIT remanded to Commerce to:
(1) Allow a post-sale price adjustment for the amount for which
Borusan established it was liable and actually paid, unless Commerce
had additional evidence that shows an improper allocation for the
claimed adjustment;\6\
---------------------------------------------------------------------------
\6\ See Borusan, 426 F. Supp. 3d at 1410, 1414-15.
---------------------------------------------------------------------------
(2) determine whether the regulatory presumption in favor of
invoice date governs, and if the material terms of the sale were
essentially fixed before invoice date;\7\ and
---------------------------------------------------------------------------
\7\ Id., 426 F. Supp. 3d at 1403, 1414-15.
---------------------------------------------------------------------------
(3) not adjust the reported production costs based on a PMS for the
purposes of the sales-below-cost test.\8\
---------------------------------------------------------------------------
\8\ Id., 426 F. Supp. 3d at 1411-12, 14-1415.
---------------------------------------------------------------------------
On March 9, 2020, Commerce issued the Final Results of
Redetermination in accordance with the CIT's remand order, under
respectful protest.\9\ On remand, Commerce granted Borusan the full
amount of the post-sale price adjustment as reported in its home market
sales data which resulted in a de minimis estimated weighted-average
dumping margin for Borusan.\10\ Therefore, because Borusan's estimated
weighted-average dumping margin would only be further reduced were
Commerce to adjust its calculations for the remaining issues remanded
(i.e., U.S. date of sale and PMS adjustment), Commerce did not reach
these issues for purposes of the Final Results of Redetermination.\11\
On May 22, 2020, the CIT sustained the Final Results of
Redetermination.\12\
---------------------------------------------------------------------------
\9\ See ``Final Results of Redetermination Pursuant to Court
Remand, Borusan Mannesmann Boru Sanayi ve Ticaret A.S. v. United
States Court No. 19-00056, Slip Op. 20-4 (CIT 2020),'' dated March
9, 2020 (Final Results of Redetermination).
\10\ Id.
\11\ Id. at 2.
\12\ See Borusan II.
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\13\ as clarified by Diamond Sawblades,
\14\ the United States Court of Appeals for the Federal Circuit
(Federal Circuit) held that, pursuant to section 516A of the Tariff Act
of 1930, as amended (the Act), Commerce must publish a notice of court
decision that is not ``in harmony'' with a Commerce determination and
must suspend liquidation of entries pending a ``conclusive'' court
decision.\15\ The CIT's May 22, 2020, judgment sustaining Commerce's
Final Results of Redetermination constitutes a final decision of the
CIT that is not in harmony with Commerce's Amended Final Determination
and Order. Thus, this notice is published in fulfillment of the
publication requirements of Timken and section 516A of the Act.
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\13\ See Timken Co. v. United States, 893 F. 2d 337 (Fed. Cir.
1990) (Timken).
\14\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F. 3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
\15\ See sections 516A(c) and (e) of the Act.
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Amended Final Determination
Because there is now a final court decision, Commerce is amending
its Amended Final Determination and Order with respect to the estimated
weighted-average dumping margins for Borusan and the companies covered
by the all-others rate. The revised estimated weighted-average dumping
margins for these entities are as follows:
------------------------------------------------------------------------
Cash deposit
Estimated weighted- (adjusted for
Company average dumping subsidy offset(s))
margin (percent) (percent) \16\
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi 0.78 N/A
ve Ticaret A.S.................
HDM Celik Boru Sanayi ve Ticaret 2.57 1.57
A.S............................
All Others \17\................. 2.57 1.57
------------------------------------------------------------------------
[[Page 35264]]
Amended Antidumping Duty Order
Pursuant to section 735(a)(4) of the Act, Commerce ``shall
disregard any weighted average dumping margin that is de minimis as
defined in section 733(b)(3) of the Act.'' \18\ As a result of this
amended final determination, in which Commerce has calculated an
estimated weighted-average dumping margin for Borusan that is de
minimis, Commerce is hereby excluding merchandise produced and exported
by Borusan from the antidumping duty (AD) order.\19\ If the CIT's
ruling is not appealed, or if appealed and upheld, Commerce will direct
U.S. Customs and Border Protection (CBP) to release any bonds or other
security and refund cash deposits pertaining to any suspended entries
from Borusan. This exclusion does not apply to any other companies.\20\
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\16\ See Amended Final Determination and Order, 84 FR at 18800.
\17\ As explained in the Final Results of Redetermination,
Commerce calculated a de minimis margin for Borusan. See Final
Results of Redetermination at 11. Therefore, the only rate that is
not zero, de minimis, or based entirely on facts otherwise available
in the underlying LTFV investigation is the rate calculated for the
other mandatory respondent, HDM Celik Boru Sanayi ve Ticaret A.S.
(HDM). See Amended Final Determination and Order, 84 FR at 18800.
Consequently, the rate calculated for HDM is also assigned as the
estimated weighted-average dumping margin for all other producers
and exporters, pursuant to section 735(c)(5)(A) of the Act.
\18\ Section 733(b)(3) of the Act defines de minimis dumping
margin as ``less than 2 percent ad valorem or the equivalent
specific rate for the subject merchandise.''
\19\ See Final Results of Redetermination at 11.
\20\ See supra, n.2.
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Continued Suspension of Entries for Borusan
Pursuant to Timken, the suspension of liquidation must continue
during the pendency of the appeals process. Thus, we will instruct CBP
to suspend liquidation of all unliquidated entries from Borusan at a
cash deposit rate of zero percent which are entered, or withdrawn from
warehouse, for consumption after June 1, 2020, which is ten days after
the CIT's final decision, in accordance with section 516A of the
Act.\21\ If the CIT's ruling is not appealed, or if appealed and
upheld, Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate entries produced and exported by Borusan
without regard to antidumping duties. As a result of Borusan's
exclusion from the AD order, Commerce will not initiate any new
administrative reviews of the company's entries.\22\
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\21\ See, e.g., Drill Pipe from the People's Republic of China:
Notice of Court Decision Not in Harmony with International Trade
Commission's Injury Determination, Revocation of Antidumping and
Countervailing Duty Orders Pursuant to Court Decision, and
Discontinuation of Countervailing Duty Administrative Review, 79 FR
78037, 78038 (December 29, 2014); High Pressure Steel Cylinders From
the People's Republic of China: Notice of Court Decision Not in
Harmony With Final Determination in Less Than Fair Value
Investigation, Notice of Amended Final Determination Pursuant to
Court Decision, Notice of Revocation of Antidumping Duty Order in
Part, and Discontinuation of Fifth Antidumping Duty Administrative
Review, 82 FR 46758, 46760 (October 6, 2017).
\22\ Currently there are no ongoing administrative reviews of
this order.
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Liquidation of Suspended Entries for Borusan
At this time, Commerce remains enjoined by CIT order from
liquidating entries that: (1) Were produced and exported by Borusan,
and were entered, or withdrawn from warehouse, for consumption on or
after August 27, 2018, up to and including February 22, 2019; and (2)
were produced and/or exported by Borusan, and were entered, or
withdrawn from warehouse, for consumption on or after April 19, 2019,
up to and including April 30, 2020. These entries will remain enjoined
pursuant to the terms of the injunction during the pendency of any
appeals process.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c)(1) and (e), and 777(i)(1) of the Act.
Dated: June 3, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-12446 Filed 6-8-20; 8:45 am]
BILLING CODE 3510-DS-P
