Light-Walled Rectangular Pipe and Tube From Turkey: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission, and Preliminary Determination of No Shipments; 2018-2019, 44861-44863 [2020-16072]
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Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Notices
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, unless
extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the final results,
Commerce shall determine and U.S.
Customs and Border Protection (CBP)
shall assess antidumping duties on all
appropriate entries. If a respondent’s
weighted-average dumping margin is
not zero or de minimis in the final
results of this review, then we will
calculate importer-specific antidumping
duty assessment rates on the basis of the
ratio of the total amount of dumping
calculated for each importer’s examined
sales and the total entered value of such
sales in accordance with 19 CFR
351.212(b)(1).10 If Garg Tube’s
weighted-average dumping margin is
zero or de minimis in the final results
of review, or if an importer-specific
antidumping duty assessment rate is
zero or de minimis, we will instruct CBP
to liquidate appropriate entries without
regards to antidumping duties.11
For entries of subject merchandise
during the POR produced by Garg Tube
for which it did not know its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries.12
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review. The final results of this
administrative review shall be the basis
for the assessment of antidumping
duties on entries of merchandise under
review and for future cash deposits of
estimated antidumping duties, where
applicable.
Cash Deposit Requirements
jbell on DSKJLSW7X2PROD with NOTICES
The following cash deposit
requirements will be effective upon
publication in the Federal Register of
the notice of final results of
administrative review for all shipments
of pipes and tubes from India entered,
or withdrawn from warehouse, for
consumption on or after the date of
publication as provided by section
751(a)(2) of the Act: (1) The cash deposit
rate for companies subject to this review
will be equal to the company-specific
10 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103
(February 14, 2012).
11 Id. at 8102–03; see also 19 CFR 351.106(c)(2).
12 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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20:45 Jul 23, 2020
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weighted-average dumping margin
established in the final results of the
review; (2) for merchandise exported by
a company 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 in the completed segment for
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
investigation but the producer is, the
cash deposit rate will be the rate
established in the completed segment
for the most recent period for the
producer of the merchandise; (4) the
cash deposit rate for all other producers
or exporters will be the all-others rate
established in the less-than-fair-value
investigation for this proceeding, 7.08
percent.13 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221.
Dated: July 20, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2020–16075 Filed 7–23–20; 8:45 am]
BILLING CODE 3510–DS–P
13 See Antidumping Duty Order; Certain Welded
Carbon Steel Standard Pipes and Tubes from India,
51 FR 17384, 17385 (May 12, 1986).
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44861
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–815]
Light-Walled Rectangular Pipe and
Tube From Turkey: Preliminary Results
of Antidumping Duty Administrative
Review, Partial Rescission, and
Preliminary Determination of No
Shipments; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that sales of light-walled rectangular
pipe and tube (LWRPT) were made at
prices below normal value during the
period of review (POR) May 1, 2018
through April 30, 2019. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable July 24, 2020.
FOR FURTHER INFORMATION CONTACT:
Thomas Hanna, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0835.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 31, 2019, domestic interested
parties Independence Tube Corporation
and Southland Tube (collectively,
Nucor) requested an administrative
review of eleven companies under the
antidumping duty (AD) order on
LWRPT from Turkey.1 On July 15, 2019,
Commerce published a notice initiating
an administrative review of the AD
order on LWRPT from Turkey covering
these eleven companies for the POR.2
On July 30, 2019, Commerce selected
Agir Haddecilik A.S. (Agir) and Noksel
Celik Boru Sanayi A.S. (Noksel) as
mandatory respondents.3 On October
15, 2019, Nucor timely withdrew its
request for an administrative review of
four companies, including Agir.4 Eight
companies claimed that they made no
shipments of subject merchandise to the
United States during the POR, including
1 See Nucor’s Letter, ‘‘Light-Walled Rectangular
Pipe and Tube from Turkey: Request for
Administrative Review,’’ dated May 31, 2019.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
33739 (July 15, 2019).
3 See Commerce’s Letters to Agir and Noksel
dated July 30, 2019 (Initial Questionnaire).
4 See Nucor’s Letter, ‘‘Light-Walled Rectangular
Pipe and Tube from Turkey: Partial Withdrawal of
Request for Administrative Review,’’ dated October
15, 2019.
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44862
Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Notices
two companies for which Nucor has
withdrawn its request for this review.5
On January 6, 2020, Commerce
extended the deadline for issuing the
preliminary results of this review from
January 31, 2020 to May 29, 2020.6 On
April 24, 2020, Commerce tolled all
deadlines in administrative reviews by
50 days, thereby extending the deadline
for these preliminary results until July
20, 2020.7
Scope of the Order
The merchandise covered by the
antidumping order is certain welded
carbon quality light-walled steel pipe
and tube, of rectangular (including
square) cross section, having a wall
thickness of less than 4 millimeters. The
merchandise subject to the order is
classified in the Harmonized Tariff
Schedule of the United States at
subheadings 7306.61.50.00 and
7306.61.70.60. For a full description of
the scope of the order, see the
Preliminary Decision Memorandum.8
jbell on DSKJLSW7X2PROD with NOTICES
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Export prices have been calculated in
accordance with section 772 of the Act.
Normal value was calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of topics
discussed in the Preliminary Decision
Memorandum is provided in the
appendix to this notice. The Preliminary
Decision Memorandum is a public
5 See Cinar Boru Profil Sanayi ve Ticaret Anonim
Sirketi’s Letter, ‘‘Light-Walled Rectangular Pipe and
Tube from Turkey (A–489–815),’’ dated June 26,
2019; Ozdemir Boru Profil Sanayi ve Ticaret Ltd
Sti’s Letter, ‘‘Light-Walled Rectangular Pipe and
Tube from Turkey (A–489–815): Antidumping Duty
Administrative Review (5/1/18–4/30/19),’’ dated
July 22, 2019; C
¸ ayirova Boru Sanayi ve Ticaret A.S
¸ .,
Yu¨cel Boru ve Profil Endu¨strisi A.S
¸ ., and Yu¨celboru
Ihracat Ithalat ve Pazarlama A.S
¸ .’s Letter, ‘‘Lightwalled rectangular pipe from Turkey; Yucel no
shipments letter,’’ dated August 10, 2019; and
Tosc¸elik Profil ve Sac Endu¨strisi A.S., Tosyali Dis
Ticaret A.S. and Toscelik Metal Ticaret A.S
¸ .’s
Letter, ‘‘Light-walled rectangular pipe from Turkey;
Yucel no shipments letter,’’ dated August 10, 2019.
6 See Memorandum, ‘‘Light-Walled Rectangular
Pipe and Tube from Turkey: Extension of Deadline
for Preliminary Results of Antidumping Duty
Administrative Review,’’ dated January 6, 2020.
7 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
8 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of the Antidumping Duty
Administrative Review: Light-Walled Rectangular
Pipe and Tube from Turkey; 2018–2019,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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20:45 Jul 23, 2020
Jkt 250001
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party or parties that
requested a review withdraws their
request(s) within 90 days of the
publication date of the notice of
initiation of the requested review. On
October 15, 2019, Nucor timely
withdrew its request for an
administrative review of Agir, Cinar
Boru Profil Sanayi ve Ticaret A.S., MTS
Lojistik ve Tasimacilik Hizmetleri
Ticaret A.S., and Ozdemir Boru Profil
Sanayi ve Ticaret Ltd Sti.9 Because
Nucor timely withdrew its request for a
review of these four companies, and no
other parties requested a review of these
companies, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review of the AD order on LWRPT
from Turkey with respect to these four
companies.
Preliminary Determination of No
Shipments
Six companies for which this review
is ongoing have claimed that each
company had no entries of subject
merchandise during the POR.
Commerce sent its standard inquiry to
U.S. Customs and Border Protection
(CBP) requesting information which
may contradict these claims. CBP has
provided no information in response to
Commerce’s inquiries that contradicted
the claims of six of the companies still
under review which claimed to have
made no shipments of subject
merchandise to the United States during
the POR. Therefore, Commerce
preliminarily determines that these six
companies had no entries of subject
merchandise during the POR.10 For
9 See Nucor’s Letter, ‘‘Light-Walled Rectangular
Pipe and Tube from Turkey: Partial Withdrawal of
Request for Administrative Review,’’ dated October
15, 2019.
10 The six companies are: (1) Cayirova Boru
Sanayi ve Ticaret A.S.; (2) Yucel Boru ve Profil
Endustrisi A.S.; (3) Yucelboru Ihracat Ithalat ve
Pazarlama A.S.; (4) Toscelik Profil ve Sac Endustrisi
A.S.; (5) Tosyali Dis Ticaret A.S.; and (6) Toscelik
Metal Ticaret A.S.
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Frm 00015
Fmt 4703
Sfmt 4703
additional information regarding this
determination, see the Preliminary
Decision Memorandum. Consistent with
Commerce’s practice in a market
economy proceeding, Commerce is not
rescinding this administrative review, in
part, with respect to these six
companies, but intends to complete the
review with respect to the companies
for which it has preliminarily found no
shipments and to issue appropriate
liquidation instructions to CBP based on
the final results of the review.11
Preliminary Results of Review
Commerce preliminarily determines
the following weighted-average
dumping margin exists for the period
May 1, 2018 through April 30, 2019:
Producer or exporter
Noksel Celik Boru Sanayi A.S.
(Noksel) ...................................
Weightedaverage
dumping
margin
(percent)
23.39
Disclosure and Public Comment
Commerce intends to disclose the
calculations used in its analysis to
interested parties in this review within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b).
Interested parties are invited to
comment on the preliminary results of
this review. Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than seven days after the time limit
for filing case briefs.12 Parties who
submit case briefs or rebuttal briefs in
this proceeding are requested to submit
with each brief: (1) A statement of the
issue, (2) a brief summary of the
argument, and (3) a table of
authorities.13 Executive summaries
should be limited to five pages total,
including footnotes.14 Case and rebuttal
briefs should be filed using ACCESS.15
Note that Commerce has temporarily
11 See, e.g., Welded Carbon Steel Standard Pipe
and Tube Products From Turkey: Preliminary
Results of Antidumping Duty Administrative
Review; 2013–2014, 80 FR 32090, 32091 (June 5,
2015), unchanged in Welded Carbon Steel Standard
Pipe and Tube Products From Turkey: Final Results
of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2013–2014,
80 FR 76674 (December 10, 2015).
12 See 19 CFR 351.309(d)(1); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
13 See 19 CFR 351.309(c)(2) and (d)(2).
14 Id.
15 See 19 CFR 351.303.
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Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Notices
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.16
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 30 days of the publication of this
notice in the Federal Register. If a
hearing is requested, Commerce will
notify interested parties of the hearing
date and time to be determined.
Interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS within 30 days after the date of
publication of this notice. Requests
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of hearing participants; and (3)
a list of the issues to be discussed in the
hearing. Issues raised in the hearing will
be limited to those raised in the
respective case and rebuttal briefs.
We intend to issue the final results of
this administrative review, including
the results of our analysis of issues
raised by the parties in the written
comments, within 120 days of
publication of these preliminary results
in the Federal Register, unless
otherwise extended.17
Assessment Rates
Upon issuance of the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries in accordance with
19 CFR 351.212(b)(1). We will calculate
importer-specific assessment rates equal
to the ratio of the total amount of
dumping calculated for examined U.S.
sales of merchandise imported by a
particular importer to the total entered
value of the reported U.S. sales in
accordance with 19 CFR 351.212(b)(1).18
Where the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.19 The final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise under review
16 See
Temporary Rule.
section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
18 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
19 See Final Modification for Reviews, 77 FR at
8103; see also 19 CFR 351.106(c)(2).
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17 See
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20:45 Jul 23, 2020
Jkt 250001
and for future cash deposits of estimated
antidumping duties, where applicable.20
For entries of subject merchandise
during the POR produced by the
respondent for which it did not know
that its merchandise was destined for
the United States, we will instruct CBP
to liquidate such entries at the all-others
rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
We intend to issue liquidation
instructions to CBP 15 days after the
date of publication of the final results of
this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of LWRPT from Turkey
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the notice of the final
results of this administrative review, as
provided for by section 751(a)(2)(C) of
the Act: (1) The cash deposit rate for
Noksel will be equal to the weightedaverage dumping margin established in
the final results of this review (except,
if the rate is zero or de minimis, then no
cash deposit will be required); (2) for
merchandise exported by a producer or
exporter 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 producer or exporter was
included; (3) if the exporter is not a firm
covered in this review, a prior review,
or the less-than-fair-value investigation,
but the producer is, the cash deposit
rate will be the rate established in the
most recently completed segment of the
proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 27.04 percent ad
valorem, the all-others rate established
in the less-than-fair-value
investigation.21 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
section 751(a)(2)(C) of the Act.
Notice of Final Determination of Sales at
Less Than Fair Value: Light-Walled Rectangular
Pipe and Tube from Turkey, 73 FR 19814 (April 11,
2008).
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20 See
21 See
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44863
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
These preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h)(1).
Dated: July 20, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Preliminary Determination of No
Shipments
VI. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2020–16072 Filed 7–23–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Evaluation of National Estuarine
Research Reserve
Office for Coastal Management
(OCM), National Ocean Service (NOS),
National Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce (DOC).
ACTION: Notice of public meeting and
opportunity to comment.
AGENCY:
The National Oceanic and
Atmospheric Administration (NOAA),
Office for Coastal Management will hold
a public meeting to solicit comments on
the performance evaluation of the Lake
Superior National Estuarine Research
Reserve.
SUMMARY:
NOAA will consider all written
comments received by September 18,
2020. The virtual public meeting will be
held on Wednesday September 9, 2020
at 4:00 p.m. CDT.
ADDRESSES: You may submit comments
on the coastal management program and
national estuarine research reserve
NOAA intends to evaluate by emailing
Ralph Cantral, Senior Advisor, NOAA
Office for Coastal Management at
Ralph.Cantral@noaa.gov. Comments
that the Office for Coastal Management
receives are considered part of the
public record and may be publicly
DATES:
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Agencies
[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Notices]
[Pages 44861-44863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16072]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-815]
Light-Walled Rectangular Pipe and Tube From Turkey: Preliminary
Results of Antidumping Duty Administrative Review, Partial Rescission,
and Preliminary Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of light-walled rectangular pipe and tube (LWRPT) were made
at prices below normal value during the period of review (POR) May 1,
2018 through April 30, 2019. Interested parties are invited to comment
on these preliminary results.
DATES: Applicable July 24, 2020.
FOR FURTHER INFORMATION CONTACT: Thomas Hanna, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0835.
SUPPLEMENTARY INFORMATION:
Background
On May 31, 2019, domestic interested parties Independence Tube
Corporation and Southland Tube (collectively, Nucor) requested an
administrative review of eleven companies under the antidumping duty
(AD) order on LWRPT from Turkey.\1\ On July 15, 2019, Commerce
published a notice initiating an administrative review of the AD order
on LWRPT from Turkey covering these eleven companies for the POR.\2\ On
July 30, 2019, Commerce selected Agir Haddecilik A.S. (Agir) and Noksel
Celik Boru Sanayi A.S. (Noksel) as mandatory respondents.\3\ On October
15, 2019, Nucor timely withdrew its request for an administrative
review of four companies, including Agir.\4\ Eight companies claimed
that they made no shipments of subject merchandise to the United States
during the POR, including
[[Page 44862]]
two companies for which Nucor has withdrawn its request for this
review.\5\
---------------------------------------------------------------------------
\1\ See Nucor's Letter, ``Light-Walled Rectangular Pipe and Tube
from Turkey: Request for Administrative Review,'' dated May 31,
2019.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 33739 (July 15, 2019).
\3\ See Commerce's Letters to Agir and Noksel dated July 30,
2019 (Initial Questionnaire).
\4\ See Nucor's Letter, ``Light-Walled Rectangular Pipe and Tube
from Turkey: Partial Withdrawal of Request for Administrative
Review,'' dated October 15, 2019.
\5\ See Cinar Boru Profil Sanayi ve Ticaret Anonim Sirketi's
Letter, ``Light-Walled Rectangular Pipe and Tube from Turkey (A-489-
815),'' dated June 26, 2019; Ozdemir Boru Profil Sanayi ve Ticaret
Ltd Sti's Letter, ``Light-Walled Rectangular Pipe and Tube from
Turkey (A-489-815): Antidumping Duty Administrative Review (5/1/18-
4/30/19),'' dated July 22, 2019; [Ccedil]ayirova Boru Sanayi ve
Ticaret A.[Scedil]., Y[uuml]cel Boru ve Profil End[uuml]strisi
A.[Scedil]., and Y[uuml]celboru Ihracat Ithalat ve Pazarlama
A.[Scedil].'s Letter, ``Light-walled rectangular pipe from Turkey;
Yucel no shipments letter,'' dated August 10, 2019; and
Tos[ccedil]elik Profil ve Sac End[uuml]strisi A.S., Tosyali Dis
Ticaret A.S. and Toscelik Metal Ticaret A.[Scedil].'s Letter,
``Light-walled rectangular pipe from Turkey; Yucel no shipments
letter,'' dated August 10, 2019.
---------------------------------------------------------------------------
On January 6, 2020, Commerce extended the deadline for issuing the
preliminary results of this review from January 31, 2020 to May 29,
2020.\6\ On April 24, 2020, Commerce tolled all deadlines in
administrative reviews by 50 days, thereby extending the deadline for
these preliminary results until July 20, 2020.\7\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube
from Turkey: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated January 6, 2020.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the antidumping order is certain welded
carbon quality light-walled steel pipe and tube, of rectangular
(including square) cross section, having a wall thickness of less than
4 millimeters. The merchandise subject to the order is classified in
the Harmonized Tariff Schedule of the United States at subheadings
7306.61.50.00 and 7306.61.70.60. For a full description of the scope of
the order, see the Preliminary Decision Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the Antidumping Duty Administrative Review: Light-Walled
Rectangular Pipe and Tube from Turkey; 2018-2019,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export prices
have been calculated in accordance with section 772 of the Act. Normal
value was calculated in accordance with section 773 of the Act. For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. A list of topics discussed in the
Preliminary Decision Memorandum is provided in the appendix to this
notice. The Preliminary Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and electronic versions of the Preliminary Decision Memorandum are
identical in content.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party or parties
that requested a review withdraws their request(s) within 90 days of
the publication date of the notice of initiation of the requested
review. On October 15, 2019, Nucor timely withdrew its request for an
administrative review of Agir, Cinar Boru Profil Sanayi ve Ticaret
A.S., MTS Lojistik ve Tasimacilik Hizmetleri Ticaret A.S., and Ozdemir
Boru Profil Sanayi ve Ticaret Ltd Sti.\9\ Because Nucor timely withdrew
its request for a review of these four companies, and no other parties
requested a review of these companies, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this review of the AD order on
LWRPT from Turkey with respect to these four companies.
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\9\ See Nucor's Letter, ``Light-Walled Rectangular Pipe and Tube
from Turkey: Partial Withdrawal of Request for Administrative
Review,'' dated October 15, 2019.
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Preliminary Determination of No Shipments
Six companies for which this review is ongoing have claimed that
each company had no entries of subject merchandise during the POR.
Commerce sent its standard inquiry to U.S. Customs and Border
Protection (CBP) requesting information which may contradict these
claims. CBP has provided no information in response to Commerce's
inquiries that contradicted the claims of six of the companies still
under review which claimed to have made no shipments of subject
merchandise to the United States during the POR. Therefore, Commerce
preliminarily determines that these six companies had no entries of
subject merchandise during the POR.\10\ For additional information
regarding this determination, see the Preliminary Decision Memorandum.
Consistent with Commerce's practice in a market economy proceeding,
Commerce is not rescinding this administrative review, in part, with
respect to these six companies, but intends to complete the review with
respect to the companies for which it has preliminarily found no
shipments and to issue appropriate liquidation instructions to CBP
based on the final results of the review.\11\
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\10\ The six companies are: (1) Cayirova Boru Sanayi ve Ticaret
A.S.; (2) Yucel Boru ve Profil Endustrisi A.S.; (3) Yucelboru
Ihracat Ithalat ve Pazarlama A.S.; (4) Toscelik Profil ve Sac
Endustrisi A.S.; (5) Tosyali Dis Ticaret A.S.; and (6) Toscelik
Metal Ticaret A.S.
\11\ See, e.g., Welded Carbon Steel Standard Pipe and Tube
Products From Turkey: Preliminary Results of Antidumping Duty
Administrative Review; 2013-2014, 80 FR 32090, 32091 (June 5, 2015),
unchanged in Welded Carbon Steel Standard Pipe and Tube Products
From Turkey: Final Results of Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2013-2014, 80 FR 76674
(December 10, 2015).
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Preliminary Results of Review
Commerce preliminarily determines the following weighted-average
dumping margin exists for the period May 1, 2018 through April 30,
2019:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Noksel Celik Boru Sanayi A.S. (Noksel)...................... 23.39
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations used in its analysis
to interested parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties are invited to comment on the preliminary
results of this review. Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs no later than 30 days after
the date of publication of this notice. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the time limit for filing case briefs.\12\ Parties who submit
case briefs or rebuttal briefs in this proceeding are requested to
submit with each brief: (1) A statement of the issue, (2) a brief
summary of the argument, and (3) a table of authorities.\13\ Executive
summaries should be limited to five pages total, including
footnotes.\14\ Case and rebuttal briefs should be filed using
ACCESS.\15\ Note that Commerce has temporarily
[[Page 44863]]
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\16\
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\12\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ Id.
\15\ See 19 CFR 351.303.
\16\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of the publication of this notice in the Federal
Register. If a hearing is requested, Commerce will notify interested
parties of the hearing date and time to be determined. Interested
parties who wish to request a hearing must submit a written request to
the Assistant Secretary for Enforcement and Compliance, filed
electronically via ACCESS within 30 days after the date of publication
of this notice. Requests should contain: (1) The party's name, address,
and telephone number; (2) the number of hearing participants; and (3) a
list of the issues to be discussed in the hearing. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs.
We intend to issue the final results of this administrative review,
including the results of our analysis of issues raised by the parties
in the written comments, within 120 days of publication of these
preliminary results in the Federal Register, unless otherwise
extended.\17\
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\17\ See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
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Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries in
accordance with 19 CFR 351.212(b)(1). We will calculate importer-
specific assessment rates equal to the ratio of the total amount of
dumping calculated for examined U.S. sales of merchandise imported by a
particular importer to the total entered value of the reported U.S.
sales in accordance with 19 CFR 351.212(b)(1).\18\ Where the
respondent's weighted-average dumping margin is zero or de minimis, or
an importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.\19\ The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise under review and for future cash deposits of estimated
antidumping duties, where applicable.\20\
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\18\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\19\ See Final Modification for Reviews, 77 FR at 8103; see also
19 CFR 351.106(c)(2).
\20\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by the
respondent for which it did not know that its merchandise was destined
for the United States, we will instruct CBP to liquidate such entries
at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
We intend to issue liquidation instructions to CBP 15 days after
the date of publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of LWRPT from Turkey entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the notice of
the final results of this administrative review, as provided for by
section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Noksel
will be equal to the weighted-average dumping margin established in the
final results of this review (except, if the rate is zero or de
minimis, then no cash deposit will be required); (2) for merchandise
exported by a producer or exporter 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 producer or
exporter was included; (3) if the exporter is not a firm covered in
this review, a prior review, or the less-than-fair-value investigation,
but the producer is, the cash deposit rate will be the rate established
in the most recently completed segment of the proceeding for the
producer of the merchandise; and (4) the cash deposit rate for all
other producers or exporters will continue to be 27.04 percent ad
valorem, the all-others rate established in the less-than-fair-value
investigation.\21\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\21\ See Notice of Final Determination of Sales at Less Than
Fair Value: Light-Walled Rectangular Pipe and Tube from Turkey, 73
FR 19814 (April 11, 2008).
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.213(h)(1).
Dated: July 20, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2020-16072 Filed 7-23-20; 8:45 am]
BILLING CODE 3510-DS-P