Circular Welded Carbon Steel Standard Pipe and Tube Products from Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019, 15190-15192 [2021-05814]
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15190
Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Notices
producers of subject merchandise that
have not received their own separate
rate above, the cash deposit rate will be
the cash deposit rate established for the
China-wide entity; and (3) for all nonChinese exporters of subject
merchandise which have not received
their own separate rate above, the cash
deposit rate will be the cash deposit rate
applicable to the Chinese exporter/
producer combination that supplied that
non-Chinese exporter. These suspension
of liquidation instructions will remain
in effect until further notice.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, where Commerce
makes an affirmative determination for
domestic subsidy pass-through or export
subsidies, Commerce offsets the
calculated estimated weighted-average
dumping margin by the appropriate
rates. Commerce continues to find that
SKY and all non-individually-examined
companies found eligible for a separate
rate qualify for a double-remedy
adjustment. Further, we have continued
to adjust the cash deposit rates for SKY,
Wuyi Xilinde, all non-individuallyexamined separate rate companies, and
the China-wide entity for export
subsidies in the companion CVD
investigation by the appropriate export
subsidy rates 6 as indicated in the above
chart. However, suspension of
liquidation according to provisional
measures in the companion CVD case
has been discontinued effective
December 26, 2020; therefore, we are
not instructing CBP to collect cash
deposits based upon the adjusted
estimated weighted-average dumping
margin for those export subsidies and
double remedy adjustment at this time.
jbell on DSKJLSW7X2PROD with NOTICES
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because the final determination
in this proceeding is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
6 See Memorandum, ‘‘Non-Refillable Steel
Cylinders from the People’s Republic of China:
Double Remedies and Export Subsidy Offset
Calculation,’’ dated concurrently with this notice.
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18:46 Mar 19, 2021
Jkt 253001
material injury, by reason of imports, or
sales (or the likelihood of sales) for
importation of non-refillable cylinders
no later than 45 days after our final
determination. If the ITC determines
that material injury or threat of material
injury does not exist, the proceeding
will be terminated, and all cash deposits
will be refunded. If the ITC determines
that material injury or threat of material
injury does exist, Commerce will issue
an antidumping duty order directing
CBP to assess, upon further instruction
by Commerce, antidumping duties on
all imports of the subject merchandise,
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a violation subject to sanction.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
Dated: March 15, 2021.
Christian Marsh,
Acting Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is certain seamed (welded or
brazed), non-refillable steel cylinders
meeting the requirements of, or produced to
meet the requirements of, U.S. Department of
Transportation (USDOT) Specification 39,
TransportCanada Specification 39M, or
United Nations pressure receptacle standard
ISO 11118 and otherwise meeting the
description provided below (non-refillable
steel cylinders). The subject non-refillable
steel cylinders are portable and range from
300-cubic inch (4.9 liter) water capacity to
1,526-cubic inch (25 liter) water capacity.
Subject non-refillable steel cylinders may be
imported with or without a valve and/or
pressure release device and unfilled at the
time of importation. Non-refillable steel
cylinders filled with pressurized air
otherwise meeting the physical description
above are covered by this investigation.
Specifically excluded are seamless nonrefillable steel cylinders.
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Sfmt 4703
The merchandise subject to this
investigation is properly classified under
statistical reporting numbers 7311.00.0060
and 7311.00.0090 of the Harmonized Tariff
Schedule of the United States (HTSUS). The
merchandise may also enter under HTSUS
statistical reporting numbers 7310.29.0025
and 7310.29.0050. Although the HTSUS
statistical reporting numbers are provided for
convenience and customs purposes, the
written description of the merchandise is
dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. China-Wide Rate
VI. Changes Since the Preliminary
Determination
VII. Discussion of the Issues
Comment 1: Treatment of Irrecoverable
Value-Added Taxes (VAT)
Comment 2: Selection of Primary Surrogate
Country
Comment 3: Use of Siraga’s Financial
Statement for Surrogate Financial Ratios
Comment 4: Use of a Simple Average or
Weighted Average for Surrogate
Financial Ratio
Comment 5: Treatment of Overhead Items
Comment 6: Carton Inputs as Packing
Expense or Packaging Cost
Comment 7: Adhesive Tape, Hot Glue, and
Iron Wire Inputs as Packing Expense or
Packaging Cost
Comment 8: Factor of Production for CodeSpurting Ink
Comment 9: Selection of the Port of
Haimen or Ningbo as the Closest Port
Comment 10: Treatment of Argon and
Carbon Dioxide Welding Materials
Comment 11: Correction of Movement
Expenses
Comment 12: Paint Factor of Production
for Paint Dissolved in Organic Solvent
Comment 13: Shipment Date Adjustment
Comment 14: Separate Rate Request
VIII. Recommendation
[FR Doc. 2021–05757 Filed 3–19–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–501]
Circular Welded Carbon Steel Standard
Pipe and Tube Products from Turkey:
Final Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that producers
AGENCY:
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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Notices
and/or exporters subject to this
administrative review made sales of
subject merchandise at less than normal
value during the period of review (POR),
May 1, 2018, through April 30, 2019.
DATES: Applicable March 22, 2021.
FOR FURTHER INFORMATION CONTACT:
Magd Zalok, 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) 482–4162.
SUPPLEMENTARY INFORMATION:
Background
jbell on DSKJLSW7X2PROD with NOTICES
Commerce published the Preliminary
Results of this administrative review on
July 23, 2020.1 This administrative
review covers 21 producers and/or
exporters of the subject merchandise.2
Commerce selected Borusan for
individual examination.3 The
producers/exporters not selected for
1 See Circular Welded Carbon Steel Standard Pipe
and Tube Products from Turkey: Preliminary
Results of Antidumping Duty Administrative
Review and Preliminary Determination of No
Shipments; 2018–2019, 85 FR 44509 (July 23, 2020)
(Preliminary Results).
2 This review covers the following companies:
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
(Borusan Mannesmann) and Borusan Istikbal
Ticaret T.A.S. (Borusan Istikbal) (collectively,
Borusan); Toscelik Profil ve Sac Endustrisi A.S.
(Toscelik Endustrisi), Tosyali Dis Ticaret A.S.
(Tosyali Ticaret), and Toscelik Metal Ticaret A.S.
(Toscelik Metal) (collectively, Toscelik); Borusan
Birlesik Boru Fabrikalari San ve Tic (Borusan
Birlesik); Borusan Gemlik Boru Tesisleri A.S.
(Borusan Gemlik); Borusan Holding (BMBYH),
Borusan Ihracat Ithalat ve Dagitim A.S. (Borusan
Ihracat); Borusan Ithicat ve Dagitim A.S. (Borusan
Ithicat); Borusan Mannesmann Yatirim Holding
(BMYH), Tubeco Pipe and Steel Corporation
(Tubeco); Erbosan Erciyas Boru Sanayi ve Ticaret
A.S. (Erbosan); Kale Baglanti Teknolojileri San. ve
Tic. A.S. (Kale Baglanti), Noksel Selik Boru Sanayi
A.S. (Noksel Selik), Yucel Boru ve Profil Endustrisi
A.S. (Yucel), Yucelboru Ihracat Ithalat ve Pazarlama
A.S. (Yucelboru), Cayirova Boru Sanayi ve Ticaret
A.S. (Cayirova), Kale Baglann Teknolojileri San. Ve
Tic. A.S. (Kale Baglann), Borusan Istikbal Ticaret
(Istikbal Ticaret) and Cinar Boru Profil San. ve Tic.
As (Cinar Boru).
3 In prior segments of this proceeding, we treated
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
and Borusan Istikbal Ticaret T.A.S. as a single
entity. See, e.g., 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, 76674 n.2 (December 10, 2015). We
determined that there is no evidence in this
proceeding’s record for altering our treatment of
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
and Borusan Istikbal Ticaret T.A.S., as a single
entity. The record does not support treating the
following companies as part of the Borusan
Mannesmann Boru Sanayi ve Ticaret A.S./Borusan
Istikbal Ticaret T.A.S. entity: (1) Borusan Birlesik;
(2) Borusan Gemlik; (3) Borusan Ihracat; (4) Borusan
Ithicat; and (5) Tubeco. Accordingly, as discussed
infra, each of these five companies will be assigned
the rate applicable to companies not selected for
individual examination in this administrative
review.
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18:46 Mar 19, 2021
Jkt 253001
individual examination are listed in the
‘‘Final Results of the Review’’ section of
this notice.
On April 24, 2020, Commerce tolled
all deadlines in administrative reviews
by 50 days.4 On July 21, 2020,
Commerce tolled all deadlines in
administrative reviews by an additional
60 days.5 On September 15, 2020, we
received a case brief from Borusan.6 On
September 30, 2020, we received
rebuttal briefs from the petitioner.7
On January 13, 2021, Commerce
extended the final results of this review
by 60 days.8 The deadline for the final
results of this review is now March 18,
2021.
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The products covered by this order
are welded carbon steel standard pipe
and tube products from Turkey. For a
full description of the scope, see the
Issues and Decision Memorandum
(IDM).
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed in this
administrative review are addressed in
the IDM. A list of the topics discussed
in the IDM is appended to this notice.
The IDM is a public document and is
available electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Services System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the IDM is also
accessible at https://
enforcement.trade.gov/frn/.
The signed IDM and the electronic
version of the IDM are identical in
content.
4 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.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
6 See Borusan’s Letter, ‘‘Circular Welded Carbon
Steel Pipes and Tubes from Turkey, Case No. A–
489–501: Case Brief,’’ dated September 15, 2020.
7 The petitioner is Wheatland Tube. See
Petitioner’s Letter, ‘‘Welded Carbon Steel Standard
Pipe and Tube Products from Turkey: Rebuttal
Brief,’’ dated September 30, 2020.
8 See Memorandum, ‘‘2018–2019 Antidumping
Duty Administrative Review of Circular Welded
Carbon Steel Standard Pipe and Tube Products from
Turkey: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’ dated
January 13, 2021.
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15191
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made no changes to the
preliminary weighted-average margin
calculations for Borusan and for those
companies not selected for individual
review.9
Final Determination of No Shipment
In the Preliminary Results, we found
that the following eight companies
made no shipment of the subject
merchandise to the United States during
the POR: (1) Cinar Boru; (2) Noksel
Selik; (3) Cayirova; (4) Yucel; (5)
Yucelboru; (6) Toscelik Endustrisi A.S.;
(7) Tosyali Ticaret; and (8) Toscelik
Metal. No parties commented on this
determination. For the final results of
review, we continue to find that these
companies made no shipment of subject
merchandise to the United States during
the POR.
Final Results of the Review
As a result of this administrative
review, we are assigning the following
weighted-average dumping margins to
the manufacturers/exporters listed
below for the period of May 1, 2018
through April 30, 2019:
Producers/exporters
Borusan Mannesmann Boru
Sanayi ve Ticaret A.S./
Borusan Istikbal Ticaret T.A.S
Borusan Birlesik Boru Fabrikalari
San ve Tic ...............................
Borusan Gemlik Boru Tesisleri
A.S ..........................................
Borusan Holding .........................
Borusan Ihracat Ithalat ve
Dagitim A.S .............................
Borusan Ithicat ve Dagitim A.S ..
Borusan Mannesmann Yatirim
Holding ....................................
Tubeco Pipe and Steel Corporation ..........................................
Erbosan Erciyas Boru Sanayi ve
Ticaret A.S ..............................
Kale Baglanti Teknolojileri San.
ve Tic. A.S ..............................
Kale Baglann Teknolojileri San.
Ve Tic. A.S ..............................
Istikbal Ticaret ............................
Weightedaverage
dumping
margin
(percent)
12.03
12.03
12.03
12.03
12.03
12.03
12.03
12.03
12.03
12.03
12.03
12.03
Disclosure
Commerce intends to disclose the
calculations performed for these final
results of review within five days of the
date of publication of this notice in the
9 See
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accompanying IDM.
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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Notices
Federal Register, in accordance with 19
CFR 351.224(b).
Assessment Rates
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Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review.10 Commerce
calculated importer-specific ad valorem
AD assessment rates for Borusan by
aggregating for each importer identified
for the reported sales, the total amount
of dumping calculated for the sales for
which that importer was identified and
dividing each of these amounts by the
total entered value of those sales.
Commerce will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review where an
importer-specific assessment rate is not
zero or de minimis.
In this review, we have calculated
weighted-average dumping margin of
12.03 percent for Borusan. When only
one weighted-average dumping margin
for the individually investigated
respondents is not zero, de minimis, or
based entirely on facts available, the rate
for companies that we did not
individually examine will be equal to
that single weighted-average dumping
margin. Accordingly, we have assigned
to Borusan Birlesik; Borusan Gemlik;
BMBYH; Borusan Ihracat; Borusan
Ithicat; BMYH; Tubeco; Erbosan; Kale
Baglanti; Kale Baglann; and Istikbal
Ticaret, companies not individually
examined in this review a margin of
12.03 percent, which is the calculated
weighted average dumping margin of
Borusan.
For entries of subject merchandise
during the POR produced by Borusan
for which it did not know its
merchandise was destined for the
United States, and for entries associated
with the seven companies for which
Commerce found ‘‘no shipments’’
during the POR, Commerce will instruct
CBP to liquidate such unreviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transactions.11
10 In these final results, Commerce applied the
assessment rate calculation methodology adopted in
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
11 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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18:46 Mar 19, 2021
Jkt 253001
Consistent with its recent notice,12
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of this notice of final results
of administrative review in the Federal
Register for all shipments of subject
merchandise entered, or withdrawn
from warehouse for consumption on or
after the date of publication of the
notice, as provided by section
751(a)(2)(C) of the Act: (1) The cash
deposit rate for Borusan is equal to the
weighted-average dumping margin
determined in the final results of
review; (2) for previously reviewed or
investigated companies not listed in the
table above, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding;
(3) if the exporter was not covered in
this review, a prior completed review,
or the investigation, but the producer
was covered, the cash deposit rate will
be the rate established in the most
recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be 14.74
percent ad valorem, the all-others rate
established in the investigation in this
proceeding.13 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant POR entries.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
12 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
2021).
13 See Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products from
Turkey, 51 FR 17784 (May 15, 1986).
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Fmt 4703
Sfmt 4703
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under the APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5).
Dated: March 15, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the IDM
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: High Inflation Methodology
Comment 2: Section 232 Duties
V. Recommendation
[FR Doc. 2021–05814 Filed 3–19–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–127]
Certain Non-Refillable Steel Cylinders
From the People’s Republic of China:
Final Affirmative Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
certain non-refillable steel cylinders
(non-refillable cylinders) from the
People’s Republic China (China).
DATES: Applicable March 22, 2021.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson or John Conniff, AD/
AGENCY:
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Agencies
[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Notices]
[Pages 15190-15192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05814]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Circular Welded Carbon Steel Standard Pipe and Tube Products from
Turkey: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers
[[Page 15191]]
and/or exporters subject to this administrative review made sales of
subject merchandise at less than normal value during the period of
review (POR), May 1, 2018, through April 30, 2019.
DATES: Applicable March 22, 2021.
FOR FURTHER INFORMATION CONTACT: Magd Zalok, 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) 482-4162.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review on July 23, 2020.\1\ This administrative review covers 21
producers and/or exporters of the subject merchandise.\2\ Commerce
selected Borusan for individual examination.\3\ The producers/exporters
not selected for individual examination are listed in the ``Final
Results of the Review'' section of this notice.
---------------------------------------------------------------------------
\1\ See Circular Welded Carbon Steel Standard Pipe and Tube
Products from Turkey: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2018-2019, 85 FR 44509 (July 23, 2020) (Preliminary Results).
\2\ This review covers the following companies: Borusan
Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan Mannesmann) and
Borusan Istikbal Ticaret T.A.S. (Borusan Istikbal) (collectively,
Borusan); Toscelik Profil ve Sac Endustrisi A.S. (Toscelik
Endustrisi), Tosyali Dis Ticaret A.S. (Tosyali Ticaret), and
Toscelik Metal Ticaret A.S. (Toscelik Metal) (collectively,
Toscelik); Borusan Birlesik Boru Fabrikalari San ve Tic (Borusan
Birlesik); Borusan Gemlik Boru Tesisleri A.S. (Borusan Gemlik);
Borusan Holding (BMBYH), Borusan Ihracat Ithalat ve Dagitim A.S.
(Borusan Ihracat); Borusan Ithicat ve Dagitim A.S. (Borusan
Ithicat); Borusan Mannesmann Yatirim Holding (BMYH), Tubeco Pipe and
Steel Corporation (Tubeco); Erbosan Erciyas Boru Sanayi ve Ticaret
A.S. (Erbosan); Kale Baglanti Teknolojileri San. ve Tic. A.S. (Kale
Baglanti), Noksel Selik Boru Sanayi A.S. (Noksel Selik), Yucel Boru
ve Profil Endustrisi A.S. (Yucel), Yucelboru Ihracat Ithalat ve
Pazarlama A.S. (Yucelboru), Cayirova Boru Sanayi ve Ticaret A.S.
(Cayirova), Kale Baglann Teknolojileri San. Ve Tic. A.S. (Kale
Baglann), Borusan Istikbal Ticaret (Istikbal Ticaret) and Cinar Boru
Profil San. ve Tic. As (Cinar Boru).
\3\ In prior segments of this proceeding, we treated Borusan
Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret
T.A.S. as a single entity. See, e.g., 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, 76674 n.2 (December 10, 2015). We determined
that there is no evidence in this proceeding's record for altering
our treatment of Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and
Borusan Istikbal Ticaret T.A.S., as a single entity. The record does
not support treating the following companies as part of the Borusan
Mannesmann Boru Sanayi ve Ticaret A.S./Borusan Istikbal Ticaret
T.A.S. entity: (1) Borusan Birlesik; (2) Borusan Gemlik; (3) Borusan
Ihracat; (4) Borusan Ithicat; and (5) Tubeco. Accordingly, as
discussed infra, each of these five companies will be assigned the
rate applicable to companies not selected for individual examination
in this administrative review.
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On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\4\ On July 21, 2020, Commerce tolled all deadlines
in administrative reviews by an additional 60 days.\5\ On September 15,
2020, we received a case brief from Borusan.\6\ On September 30, 2020,
we received rebuttal briefs from the petitioner.\7\
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\4\ 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.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\6\ See Borusan's Letter, ``Circular Welded Carbon Steel Pipes
and Tubes from Turkey, Case No. A-489-501: Case Brief,'' dated
September 15, 2020.
\7\ The petitioner is Wheatland Tube. See Petitioner's Letter,
``Welded Carbon Steel Standard Pipe and Tube Products from Turkey:
Rebuttal Brief,'' dated September 30, 2020.
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On January 13, 2021, Commerce extended the final results of this
review by 60 days.\8\ The deadline for the final results of this review
is now March 18, 2021.
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\8\ See Memorandum, ``2018-2019 Antidumping Duty Administrative
Review of Circular Welded Carbon Steel Standard Pipe and Tube
Products from Turkey: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated January 13, 2021.
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by this order are welded carbon steel standard
pipe and tube products from Turkey. For a full description of the
scope, see the Issues and Decision Memorandum (IDM).
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed in this
administrative review are addressed in the IDM. A list of the topics
discussed in the IDM is appended to this notice. The IDM is a public
document and is available electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Services System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the IDM is
also accessible at https://enforcement.trade.gov/frn/. The
signed IDM and the electronic version of the IDM are identical in
content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made no
changes to the preliminary weighted-average margin calculations for
Borusan and for those companies not selected for individual review.\9\
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\9\ See accompanying IDM.
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Final Determination of No Shipment
In the Preliminary Results, we found that the following eight
companies made no shipment of the subject merchandise to the United
States during the POR: (1) Cinar Boru; (2) Noksel Selik; (3) Cayirova;
(4) Yucel; (5) Yucelboru; (6) Toscelik Endustrisi A.S.; (7) Tosyali
Ticaret; and (8) Toscelik Metal. No parties commented on this
determination. For the final results of review, we continue to find
that these companies made no shipment of subject merchandise to the
United States during the POR.
Final Results of the Review
As a result of this administrative review, we are assigning the
following weighted-average dumping margins to the manufacturers/
exporters listed below for the period of May 1, 2018 through April 30,
2019:
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping
margin
(percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan 12.03
Istikbal Ticaret T.A.S.....................................
Borusan Birlesik Boru Fabrikalari San ve Tic................ 12.03
Borusan Gemlik Boru Tesisleri A.S........................... 12.03
Borusan Holding............................................. 12.03
Borusan Ihracat Ithalat ve Dagitim A.S...................... 12.03
Borusan Ithicat ve Dagitim A.S.............................. 12.03
Borusan Mannesmann Yatirim Holding.......................... 12.03
Tubeco Pipe and Steel Corporation........................... 12.03
Erbosan Erciyas Boru Sanayi ve Ticaret A.S.................. 12.03
Kale Baglanti Teknolojileri San. ve Tic. A.S................ 12.03
Kale Baglann Teknolojileri San. Ve Tic. A.S................. 12.03
Istikbal Ticaret............................................ 12.03
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the
[[Page 15192]]
Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.\10\ Commerce calculated importer-specific ad valorem AD
assessment rates for Borusan by aggregating for each importer
identified for the reported sales, the total amount of dumping
calculated for the sales for which that importer was identified and
dividing each of these amounts by the total entered value of those
sales. Commerce will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review where an importer-specific
assessment rate is not zero or de minimis.
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\10\ In these final results, Commerce applied the assessment
rate calculation methodology adopted in Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings: Final Modification, 77 FR
8101 (February 14, 2012).
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In this review, we have calculated weighted-average dumping margin
of 12.03 percent for Borusan. When only one weighted-average dumping
margin for the individually investigated respondents is not zero, de
minimis, or based entirely on facts available, the rate for companies
that we did not individually examine will be equal to that single
weighted-average dumping margin. Accordingly, we have assigned to
Borusan Birlesik; Borusan Gemlik; BMBYH; Borusan Ihracat; Borusan
Ithicat; BMYH; Tubeco; Erbosan; Kale Baglanti; Kale Baglann; and
Istikbal Ticaret, companies not individually examined in this review a
margin of 12.03 percent, which is the calculated weighted average
dumping margin of Borusan.
For entries of subject merchandise during the POR produced by
Borusan for which it did not know its merchandise was destined for the
United States, and for entries associated with the seven companies for
which Commerce found ``no shipments'' during the POR, Commerce will
instruct CBP to liquidate such unreviewed entries at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transactions.\11\
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\11\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Consistent with its recent notice,\12\ Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
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\12\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this notice of final results of administrative review in
the Federal Register for all shipments of subject merchandise entered,
or withdrawn from warehouse for consumption on or after the date of
publication of the notice, as provided by section 751(a)(2)(C) of the
Act: (1) The cash deposit rate for Borusan is equal to the weighted-
average dumping margin determined in the final results of review; (2)
for previously reviewed or investigated companies not listed in the
table above, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding; (3) if the exporter was not covered in this review, a prior
completed review, or the investigation, but the producer was covered,
the cash deposit rate will be the rate established in the most recently
completed segment of this proceeding for the producer of the subject
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 14.74 percent ad valorem, the all-others
rate established in the investigation in this proceeding.\13\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\13\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986).
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Notification to Importers Regarding the Reimbursement of Duties
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant POR entries. Failure to comply with this requirement
could result in Commerce's presumption that reimbursement of
antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and terms
of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).
Dated: March 15, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the IDM
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: High Inflation Methodology
Comment 2: Section 232 Duties
V. Recommendation
[FR Doc. 2021-05814 Filed 3-19-21; 8:45 am]
BILLING CODE 3510-DS-P