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]

Download as PDF 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 09JNN1 35263 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 09JNN1 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). E:\FR\FM\09JNN1.SGM 09JNN1

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

    \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.
---------------------------------------------------------------------------

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

    \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.
---------------------------------------------------------------------------

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

    \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.
---------------------------------------------------------------------------

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