Circular Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Notice of Court Decision Not in Harmony With the Results of the 2017-2018 Antidumping Duty Administrative Review; Notice of Amended Final Results, 33655-33656 [2021-13591]
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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–501]
Circular Welded Carbon Steel Standard
Pipe and Tube Products From Turkey:
Notice of Court Decision Not in
Harmony With the Results of the 2017–
2018 Antidumping Duty Administrative
Review; Notice of Amended Final
Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 16, 2021, the U.S.
Court of International Trade (CIT or
Court) issued its final judgment in the
2017–2018 antidumping duty
administrative review of circular
welded carbon steel standard pipe and
tube products from Turkey, Court no.
20–00015, sustaining the Department of
Commerce (Commerce) first remand
results pertaining to the administrative
review of the antidumping duty (AD)
order on circular welded carbon steel
standard pipe and tube products from
Turkey covering the period of review
(POR), May 1, 2017, through April 30,
2018. Commerce is notifying the public
that the CIT’s final judgment is not in
harmony with Commerce’s final results
of the administrative review, and that
Commerce is amending the final results
with respect to the dumping margin
assigned to Borusan Istikbal Ticaret
T.A.S. and Borusan Mannesmann Boru
Sanayi ve Ticaret A.S.
DATES: Applicable June 26, 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:
AGENCY:
Background
lotter on DSK11XQN23PROD with NOTICES1
On January 22, 2020, Commerce
published its Final Results in the 2017–
2018 AD administrative review of
circular welded carbon steel standard
pipe and tube products from Turkey.
Commerce calculated a weightedaverage dumping margin of 9.99 percent
for Borusan Istikbal Ticaret T.A.S. and
VerDate Sep<11>2014
18:38 Jun 24, 2021
Jkt 253001
Borusan Mannesmann Boru Sanayi ve
Ticaret A.S. (collectively, Borusan).1
After correcting ministerial errors
contained in the Final Results, on March
5, 2020, Commerce published the
Amended Final Results, with an
amended weighted-average dumping
margin of 8.48 percent.2
Borusan appealed Commerce’s
Amended Final Results. On February
17, 2021, the CIT remanded the
Amended Final Results to Commerce,
ordering Commerce to ‘‘eliminate any
adjustment to {cost of production}
based on a {particular market situation
(PMS)} in the sales-below-cost test.’’ 3
Also, while the CIT in Borusan
sustained Commerce’s decision that the
constructed export price (CEP) and
export price (EP) may be reduced by
section 232 duties paid,4 the CIT
ordered Commerce to reweigh all of the
evidence, including any relevant sales
data, with respect to the reduction of
CEP by section 232 duties paid,
‘‘applying normal decision-making tools
without an adverse inference.’’ 5
In its final remand redetermination,
issued in April 2021, Commerce stated
that it continues to find that a PMS
existed in Turkey during the POR that
distorted the price of hot-rolled coil, the
principle material input for the
production of the subject merchandise
and significant component of the cost of
production of the subject merchandise.
Nevertheless, because the CIT has
directed Commerce not to make an
adjustment to Borusan’s cost of
production for purposes of the salesbelow-cost test, under respectful protest,
we recalculated Borusan’s weightedaverage dumping margin with no PMS
adjustment to Borusan’s cost of
production for purposes of the salesbelow-cost test.6
1 See Circular Welded Carbon Steel Standard Pipe
and Tube Products from Turkey: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2017–2018,
85 FR 3616 (January 22, 2020) (Final Results).
2 See Circular Welded Carbon Steel Standard Pipe
and Tube Products from Turkey: Amended Final
Results of Antidumping Duty Administrative
Review; 2017–2018, 85 FR 12,893 (March 5, 2020)
(Amended Final Results).
3 See Borusan Mannesmann Boru Sanayi Ve
Ticaret A.S
¸ . and Borusan Mannesmann Pipe U.S.
Inc., v. United States, Court No. 20–00015, Slip Op.
21–18 (CIT February 17, 2021) (Borusan) at 19.
4 See Borusan at 17.
5 Id. at 17–19.
6 See Commerce’s Final Results of
Redetermination Pursuant to Court Order, Borusan
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Fmt 4703
Sfmt 4703
33655
Moreover, pursuant to the CIT order
that Commerce reweigh all of the
evidence, including any relevant sales
data, with respect to the reduction of
CEP by section 232 duties paid, without
applying an adverse inference, we reexamined the information on the record.
Based on record evidence, we
determined that section 232 duties
should not be deducted from CEP sales,
because the CEP shipment on which
section 232 duties were paid, shortly
before the end of the POR, did not
include products that Borusan sold
between the shipment entry date and
the end of the POR.7 On June 16, 2021,
the CIT sustained Commerce’s final
redetermination with regards to both
issues.8
Timken Notice
In its decision in Timken,9 as clarified
by Diamond Sawblades,10 the U.S.
Court of Appeals for the Federal Circuit
held that, pursuant to section 516A(c)
and (e) 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. The CIT’s
June 16, 2021, judgment constitutes a
final decision of the CIT that is not in
harmony with Commerce’s Final
Results. Thus, this notice is published
in fulfillment of the publication
requirements of Timken.
Amended Final Results
Because there is now a final court
judgment, Commerce is amending its
Final Results and Amended Final
Results with respect to Borusan as
follows:
Mannesmann Boru Sanayi Ve Ticaret A.S
¸ . and
Borusan Mannesmann Pipe U.S. Inc. v. United
States, Court No. 20–00015, Slip Op. 21–18, dated
April 18, 2021.
7 Id.
8 See Borusan Mannesmann Boru Sanayi Ve
Ticaret A.S. v. United States, Court No. 20–00015,
Slip Op. 21–75 (CIT June 16, 2021) (Borusan
Mannesmann).
9 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
10 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (DiamondSawblades).
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33656
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
Exporter or producer
Final results
of review
weighted-average
dumping margin 11
Final results
of remand
redetermination
weighted-average
dumping margin 12
Borusan Mannesmann Boru Sanayi Ve Ticaret A.S./Borusan Mannesmann Pipe U.S. Inc ..................
8.48
4.06
Cash Deposit Requirements
Because Borusan has a superseding
cash deposit rate, i.e., there have been
final results published in a subsequent
administrative review, we will not issue
revised cash deposit instructions to U.S.
Customs and Border Protection (CBP).
This notice will not affect the current
cash deposit rate.
DEPARTMENT OF COMMERCE
Liquidation of Suspended Entries
At this time, Commerce remains
enjoined by CIT order from liquidating
entries that: Were produced and/or
exported by Borusan and were entered,
or withdrawn from warehouse, for
consumption during the period May 1,
2017, through April 30, 2018. These
entries will remain enjoined pursuant to
the terms of the injunction during the
pendency of any appeals process.
In the event the CIT’s ruling is not
appealed, or, if appealed, upheld by a
final and conclusive court decision,
Commerce intends to instruct CBP to
assess antidumping duties on
unliquidated entries of subject
merchandise produced and exported by
Borusan in accordance with 19 CFR
351.212(b). We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific ad
valorem assessment rate is not zero or
de minimis. Where an import-specific
ad valorem assessment rate is zero or de
minimis,13 we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
AGENCY:
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e) and 777(i)(1) of the Act.
Dated: June 21, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–13591 Filed 6–24–21; 8:45 am]
International Trade Administration
[A–469–823]
Utility Scale Wind Towers From Spain:
Final Determination of Sales at Less
Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
The Department of Commerce
(Commerce) determines that imports of
utility scale wind towers (wind towers)
from Spain are being, or are likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation is July 1, 2019, through
June 30, 2020.
SUMMARY:
DATES:
Applicable June 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Christopher
Maciuba, AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–7425 or
(202) 482–0413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 2, 2021, Commerce
published in the Federal Register its
affirmative preliminary determination
in the LTFV investigation of wind
towers from Spain.1 We invited
interested parties to comment on the
Preliminary Determination. A summary
of the events that occurred since
Commerce published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum.2
BILLING CODE 3510–DS–P
lotter on DSK11XQN23PROD with NOTICES1
11 See
Memorandum, ‘‘Analysis for the Amended
Final Results of the Antidumping Duty
Administrative Review of Welded Carbon Steel
Standard Pipe and Tube Products from Turkey:
Borusan Istikbal Ticaret T.A.S. and Borusan
Mannesmann Boru Sanayi ve Ticaret A.S.,’’ dated
February 28, 2020.
12 See Borusan’s Final Remand Results Analysis
Memorandum.
13 See 19 CFR 351.106(c)(2).
VerDate Sep<11>2014
18:38 Jun 24, 2021
Jkt 253001
1 See Utility Scale Wind Towers from Spain:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, 86 FR 17354 (April 2, 2021)
(Preliminary Determination).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Utility Scale Wind Towers from
Spain,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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Fmt 4703
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Scope of the Investigation
The products covered by this
investigation are wind towers from
Spain. For a full description of the
scope of this investigation, see
Appendix I of this notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by parties in
this investigation are addressed in the
Issues and Decision Memorandum. A
list of the issues addressed in the Issues
and Decision Memorandum is attached
to this notice as Appendix II. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
Verification
As stated in the Preliminary
Determination, after being selected as
the mandatory respondent, Vestas
Eolica S.A.U. (Vestas) discontinued its
participation in this investigation.
Accordingly, Commerce based the
Preliminary Determination entirely on
the application of facts available with
adverse inferences (AFA), and did not
conduct verification under section
782(i) of the Tariff Act of 1930, as
amended (the Act).
Use of Adverse Facts Available
In the Preliminary Determination,
Commerce found that Vestas failed to
participate to the best of its ability in
this investigation. We also found six
other companies did not cooperate in
this investigation by failing to provide a
timely response to Commerce’s quantity
and value (Q&V) questionnaires. These
companies are: Acciona Windpower
S.A.; Gamesa Energy Transmission;
Haizea Wind Group; Kuzar Systems,
S.L.; Proyecto Integrales y Logisticos
S.A.A. (Proinlosa); and Windar
Revonables. Therefore, in the
Preliminary Determination, pursuant to
sections 776(a) and (b) of the Act, we
assigned these companies dumping
margins based on total AFA. In applying
E:\FR\FM\25JNN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33655-33656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13591]
[[Page 33655]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Circular Welded Carbon Steel Standard Pipe and Tube Products From
Turkey: Notice of Court Decision Not in Harmony With the Results of the
2017-2018 Antidumping Duty Administrative Review; Notice of Amended
Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 16, 2021, the U.S. Court of International Trade (CIT
or Court) issued its final judgment in the 2017-2018 antidumping duty
administrative review of circular welded carbon steel standard pipe and
tube products from Turkey, Court no. 20-00015, sustaining the
Department of Commerce (Commerce) first remand results pertaining to
the administrative review of the antidumping duty (AD) order on
circular welded carbon steel standard pipe and tube products from
Turkey covering the period of review (POR), May 1, 2017, through April
30, 2018. Commerce is notifying the public that the CIT's final
judgment is not in harmony with Commerce's final results of the
administrative review, and that Commerce is amending the final results
with respect to the dumping margin assigned to Borusan Istikbal Ticaret
T.A.S. and Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
DATES: Applicable June 26, 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
On January 22, 2020, Commerce published its Final Results in the
2017-2018 AD administrative review of circular welded carbon steel
standard pipe and tube products from Turkey. Commerce calculated a
weighted-average dumping margin of 9.99 percent for Borusan Istikbal
Ticaret T.A.S. and Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
(collectively, Borusan).\1\
---------------------------------------------------------------------------
\1\ See Circular Welded Carbon Steel Standard Pipe and Tube
Products from Turkey: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2017-
2018, 85 FR 3616 (January 22, 2020) (Final Results).
---------------------------------------------------------------------------
After correcting ministerial errors contained in the Final Results,
on March 5, 2020, Commerce published the Amended Final Results, with an
amended weighted-average dumping margin of 8.48 percent.\2\
---------------------------------------------------------------------------
\2\ See Circular Welded Carbon Steel Standard Pipe and Tube
Products from Turkey: Amended Final Results of Antidumping Duty
Administrative Review; 2017-2018, 85 FR 12,893 (March 5, 2020)
(Amended Final Results).
---------------------------------------------------------------------------
Borusan appealed Commerce's Amended Final Results. On February 17,
2021, the CIT remanded the Amended Final Results to Commerce, ordering
Commerce to ``eliminate any adjustment to {cost of production{time}
based on a {particular market situation (PMS){time} in the sales-
below-cost test.'' \3\ Also, while the CIT in Borusan sustained
Commerce's decision that the constructed export price (CEP) and export
price (EP) may be reduced by section 232 duties paid,\4\ the CIT
ordered Commerce to reweigh all of the evidence, including any relevant
sales data, with respect to the reduction of CEP by section 232 duties
paid, ``applying normal decision-making tools without an adverse
inference.'' \5\
---------------------------------------------------------------------------
\3\ See Borusan Mannesmann Boru Sanayi Ve Ticaret A.[Scedil].
and Borusan Mannesmann Pipe U.S. Inc., v. United States, Court No.
20-00015, Slip Op. 21-18 (CIT February 17, 2021) (Borusan) at 19.
\4\ See Borusan at 17.
\5\ Id. at 17-19.
---------------------------------------------------------------------------
In its final remand redetermination, issued in April 2021, Commerce
stated that it continues to find that a PMS existed in Turkey during
the POR that distorted the price of hot-rolled coil, the principle
material input for the production of the subject merchandise and
significant component of the cost of production of the subject
merchandise. Nevertheless, because the CIT has directed Commerce not to
make an adjustment to Borusan's cost of production for purposes of the
sales-below-cost test, under respectful protest, we recalculated
Borusan's weighted-average dumping margin with no PMS adjustment to
Borusan's cost of production for purposes of the sales-below-cost
test.\6\
---------------------------------------------------------------------------
\6\ See Commerce's Final Results of Redetermination Pursuant to
Court Order, Borusan Mannesmann Boru Sanayi Ve Ticaret A.[Scedil].
and Borusan Mannesmann Pipe U.S. Inc. v. United States, Court No.
20-00015, Slip Op. 21-18, dated April 18, 2021.
---------------------------------------------------------------------------
Moreover, pursuant to the CIT order that Commerce reweigh all of
the evidence, including any relevant sales data, with respect to the
reduction of CEP by section 232 duties paid, without applying an
adverse inference, we re-examined the information on the record. Based
on record evidence, we determined that section 232 duties should not be
deducted from CEP sales, because the CEP shipment on which section 232
duties were paid, shortly before the end of the POR, did not include
products that Borusan sold between the shipment entry date and the end
of the POR.\7\ On June 16, 2021, the CIT sustained Commerce's final
redetermination with regards to both issues.\8\
---------------------------------------------------------------------------
\7\ Id.
\8\ See Borusan Mannesmann Boru Sanayi Ve Ticaret A.S. v. United
States, Court No. 20-00015, Slip Op. 21-75 (CIT June 16, 2021)
(Borusan Mannesmann).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\9\ as clarified by Diamond
Sawblades,\10\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e) 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.
The CIT's June 16, 2021, judgment constitutes a final decision of the
CIT that is not in harmony with Commerce's Final Results. Thus, this
notice is published in fulfillment of the publication requirements of
Timken.
---------------------------------------------------------------------------
\9\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\10\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (DiamondSawblades).
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results and Amended Final Results with respect to Borusan as
follows:
[[Page 33656]]
------------------------------------------------------------------------
Final results of
Final results of remand
Exporter or producer review weighted- redetermination
average dumping weighted-average
margin \11\ dumping margin \12\
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi 8.48 4.06
Ve Ticaret A.S./Borusan
Mannesmann Pipe U.S. Inc.....
------------------------------------------------------------------------
Cash Deposit Requirements
---------------------------------------------------------------------------
\11\ See Memorandum, ``Analysis for the Amended Final Results of
the Antidumping Duty Administrative Review of Welded Carbon Steel
Standard Pipe and Tube Products from Turkey: Borusan Istikbal
Ticaret T.A.S. and Borusan Mannesmann Boru Sanayi ve Ticaret A.S.,''
dated February 28, 2020.
\12\ See Borusan's Final Remand Results Analysis Memorandum.
---------------------------------------------------------------------------
Because Borusan has a superseding cash deposit rate, i.e., there
have been final results published in a subsequent administrative
review, we will not issue revised cash deposit instructions to U.S.
Customs and Border Protection (CBP). This notice will not affect the
current cash deposit rate.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that: Were produced and/or exported by Borusan and
were entered, or withdrawn from warehouse, for consumption during the
period May 1, 2017, through April 30, 2018. These entries will remain
enjoined pursuant to the terms of the injunction during the pendency of
any appeals process.
In the event the CIT's ruling is not appealed, or, if appealed,
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess antidumping duties on unliquidated entries of
subject merchandise produced and exported by Borusan in accordance with
19 CFR 351.212(b). We will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific ad valorem assessment rate is not zero or de minimis. Where an
import-specific ad valorem assessment rate is zero or de minimis,\13\
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: June 21, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-13591 Filed 6-24-21; 8:45 am]
BILLING CODE 3510-DS-P
