Welded Line Pipe From the Republic of Turkey: Preliminary Determination of No Shipments and Partial Rescission of the Antidumping Duty Administrative Review; 2020-2021, 52911-52913 [2022-18677]
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Federal Register / Vol. 87, No. 167 / Tuesday, August 30, 2022 / Notices
Background
On May 2, 2022, Commerce published
the notice of initiation of the first sunset
reviews of the Orders,1 pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act).2 Commerce
received a notice of intent to participate
from domestic interested parties 3
within the deadline specified in 19 CFR
351.218(d)(1)(i), after the date of
publication of the Initiation Notice.4
Each claimed interested party status
under section 771(9)(C) of the Act as
domestic producers engaged in the
production of flanges in the United
States.
Commerce received a substantive
response from the domestic interested
parties within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).5
We did not receive a substantive
response from any other interested party
in these proceedings.
On June 21, 2022, Commerce notified
the U.S. International Trade
Commission that it did not receive an
adequate substantive response from
respondent interested parties.6 As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day)
sunset review of the Orders.
khammond on DSKJM1Z7X2PROD with NOTICES
Scope of the Orders
The products covered by the Orders
are finished carbon steel flanges. For a
complete description of the scope of
1 See Finished Carbon Steel Flanges from India
and Italy: Antidumping Duty Orders, 82 FR 40136
(August 24, 2017); and Finished Carbon Steel
Flanges from Spain: Antidumping Duty Order, 82
FR 27229 (June 14, 2017 (collectively, Orders).
2 See Initiation of Five-Year (Sunset) Review, 87
FR 25617 (May 2, 2021) (Initiation Notice).
3 The domestic interested parties are Weldbend
Corporation (Weldbend) and Boltex Manufacturing
Company Inc. (Boltex) (collectively, domestic
interested parties). In 2020, Boltex Manufacturing
Co., L.P. reorganized to Boltex Manufacturing
Company Inc.).
4 See Domestic Interested Parties’ Letters,
‘‘Finished Carbon Steel Flanges from India: Notice
of Intent to Participate by Weldbend Corporation &
Boltex Corporation,’’ dated May 17, 2022; ‘‘Finished
Carbon Steel Flanges from Italy: Notice of Intent to
Participate by Weldbend Corporation & Boltex
Manufacturing Co., L.P.,’’ dated May 17, 2022; and
‘‘Finished Carbon Steel Flanges from Spain: Notice
of Intent to Participate by Weldbend Corporation &
Boltex Manufacturing Co., L.P.,’’ dated May 17,
2022.
5 See Domestic Interested Party’s Letters,
‘‘Finished Carbon Steel Flanges from India:
Substantive Response of Domestic Interested
Parties,’’ dated June 1, 2022; ‘‘Finished Carbon Steel
Flanges from Italy: Substantive Response of
Domestic Interested Parties,’’ dated June 1, 2022;
and ‘‘Finished Carbon Steel Flanges from Spain:
Substantive Response of Domestic Interested
Parties,’’ dated June 1, 2022 (collectively,
Substantive Response).
6 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on May 2, 2022,’’ dated May 2, 2022.
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17:24 Aug 29, 2022
Jkt 256001
these Orders, see the Issues and
Decision Memorandum.7
Analysis of Comments Received
All issues raised in these sunset
reviews are addressed in the Issues and
Decision Memorandum, including the
likelihood of continuation or recurrence
of dumping and the magnitude of the
margins of dumping likely to prevail if
the Orders were revoked.8 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 Services 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://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and
752(b) of the Act, Commerce determines
that revocation of the Orders would be
likely to lead to the continuation or
recurrence of dumping, and that the
magnitude of the margins of dumping
likely to prevail would be weightedaverage margins of up to the following
percentages:
Weightedaverage
dumping
margin
(percent)
52911
Dated: August 23, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margin of Dumping
Likely to Prevail
VII. Final Results of Review
VIII. Recommendation
[FR Doc. 2022–18580 Filed 8–29–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–822]
Welded Line Pipe From the Republic of
Turkey: Preliminary Determination of
No Shipments and Partial Rescission
of the Antidumping Duty
Administrative Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
India ......................................
12.58
Italy .......................................
204.53 finds that Cimtas Boru Imalatlari ve
Spain .....................................
24.43 Ticaret, Ltd. Sti (Cimtas), the only
company subject to review, had no
shipments of subject merchandise
Administrative Protective Order (APO)
during the period of review (POR),
This notice serves as the only
December 1, 2020, through November
reminder to parties subject to an APO of 30, 2021. In addition, we are rescinding
their responsibility concerning the
this administrative review with respect
disposition of proprietary information
to companies for which requests for
disclosed under APO in accordance
review were timely withdrawn.
with 19 CFR 351.305(a). Timely written Interested parties are invited to
notification of the destruction of APO
comment on these preliminary results.
materials or conversion to judicial
DATES: Applicable August 30, 2022.
protective order is hereby requested.
Failure to comply with the regulations
FOR FURTHER INFORMATION CONTACT:
and terms of an APO is a violation
Christopher Hargett, AD/CVD
which is subject to sanction.
Operations, Office II, Enforcement and
Compliance, International Trade
Notification to Interested Parties
Administration, U.S. Department of
We are issuing and publishing this
Commerce, 1401 Constitution Avenue
notice in accordance with sections
NW, Washington, DC 20230; telephone:
751(c), 752(b), and 777(i)(1) of the Act.
(202) 482–4161.
SUPPLEMENTARY
INFORMATION:
7 See Memorandum, ‘‘Issues and Decision
Country
Memorandum for the Expedited Sunset Review of
the Antidumping Duty Orders on Finished Carbon
Steel Flanges from India, Italy, and Spain,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
8 Id.
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Fmt 4703
Sfmt 4703
AGENCY:
Background
In December 2015, Commerce
published in the Federal Register an
antidumping duty order on welded line
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52912
Federal Register / Vol. 87, No. 167 / Tuesday, August 30, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
pipe from the Republic of Turkey.1 On
December 1, 2021, Commerce published
in the Federal Register a notice of
opportunity to request an administrative
review of the Order for the POR.2 On
December 30, 2021, Commerce received
timely requests to conduct an
administrative review of the Order, in
accordance with section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act),
from Maverick Tube Corporation, IPSCO
Tubulars Inc., American Cast Iron Pipe
Company, Dura-Bond Industries, and
Stupp Corporation, a division of Stupp
Bros., Inc. (collectively, the domestic
interested parties).3 Based on these
requests, on February 4, 2022,
Commerce initiated an administrative
review of the Order with respect to 19
companies.4 That same day, consistent
with the Initiation Notice, Commerce
released data from U.S. Customs and
Border Protection (CBP) for purposes of
respondent selection and provided
interested parties an opportunity to
comment on these data by February 11,
2022.5 Commerce received no
comments on the CBP Data. In January
and February 2022, four companies
submitted certifications of no
shipments.6
On March 4, 2022, Cimtas informed
Commerce that it: (1) had not made any
reviewable shipments or sales of the
subject merchandise to the United
States during POR; and (2) had no
physical entries and/or no reviewable
1 See Welded Line Pipe from the Republic of
Korea and the Republic of Turkey: Antidumping
Duty Orders, 80 FR 75056 (December 1, 2015)
(Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 86 FR 68215
(December 1, 2021).
3 See Maverick Tube Corporation and IPSCO
Tubulars Inc.’s Letter, ‘‘Welded Line Pipe from the
Turkey: Request for Administrative Review,’’ dated
December 30, 2021; and American Cast Iron Pipe
Company, Dura-Bond Industries, and Stupp
Corporation, a division of Stupp Bros., Inc.’s Letter,
‘‘Welded Line Pipe from Turkey: Request for
Administrative Review,’’ dated December 30, 2021.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
6487, 6491 (February 4, 2022) (Initiation Notice).
5 Id., 87 FR at 6487; see also Memorandum,
‘‘Release of U.S. Customs and Border Protection
Entry Data,’’ dated February 4, 2022 (CBP Data).
6 See C
¸ ayirova Boru Sanayi ve Ticaret A.S. and
Yucelboru Ihracat Ithalat ve Pazarlama A.S.’s Letter,
‘‘Line pipe from Turkey; Yucel No Shipments
Letter,’’ dated January 4, 2022; Toscelik Profile and
Sheet Industry, Co. and Tosyal( Dis Ticaret A.S.’s
Letter, ‘‘Line pipe from Turkey; Toscelik NoShipments letter,’’ dated January 4, 2022; Noksel
C
¸ elik Boru Sanayi A.S.’s Letter, ‘‘Welded Line Pipe
from Turkey (A–489–822): Anti-Dumping Duty
Order Administrative Review (12/1/20—11/30/21),’’
dated February 11, 2022; and Borusan Mannesmann
Boru Sanayi ve Ticaret A.S.’s Letter, ‘‘Welded Line
Pipe from Turkey, Case No. A–489–822:
Notification of No Shipments,’’ dated February 16,
2022.
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17:24 Aug 29, 2022
Jkt 256001
entries of subject merchandise to the
United States during this period.7
In April 2022, the domestic interested
parties timely withdrew their requests
for review with respect to 18
companies.8 As a result, Cimtas is the
only company that remains subject to
this review.
On May 16, 2022, domestic interested
parties requested that Commerce
conduct verification in this
administrative review.9
Scope of the Order
The products covered by the Order
are circular welded carbon and alloy
steel (other than stainless steel) pipe of
a kind used for oil or gas pipelines
(welded line pipe), not more than 24
inches in nominal outside diameter,
regardless of wall thickness, length,
surface finish, end finish, or stenciling.
Welded line pipe is normally produced
to the American Petroleum Institute
(API) specification 5L, but can be
produced to comparable foreign
specifications, to proprietary grades, or
can be non-graded material. All pipe
meeting the physical description set
forth above, including multiplestenciled pipe with an API or
comparable foreign specification line
pipe stencil is covered by the scope of
this Order.
The welded line pipe that is subject
to the Order is currently classifiable in
the Harmonized Tariff Schedule of the
United States (HTSUS) under
subheadings 7305.11.1030,
7305.11.5000, 7305.12.1030,
7305.12.5000, 7305.19.1030,
7305.19.5000, 7306.19.1010,
7306.19.1050, 7306.19.5110, and
7306.19.5150. The subject merchandise
may also enter in HTSUS 7305.11.1060
and 7305.12.1060. While the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
Order is dispositive.
7 See Cimtas’s Letter, ‘‘Welded Line Pipe from
Turkey: No (Reviewable) Shipment Letter,’’ dated
March 4, 2022 (Cimtas No Shipment Letter).
8 See Maverick Tube Corporation and IPSCO
Tubulars Inc.’s Letter, ‘‘Welded Line Pipe from
Turkey: Partial Withdrawal of Request for
Administrative Review of Antidumping Duty
Order,’’ dated April 20, 2022; and American Cast
Iron Pipe Company, Dura-Bond Industries, and
Stupp Corporation, a division of Stupp Bros., Inc.’s
Letter, ‘‘Welded Line Pipe from Turkey: Partial
Withdrawal of Request for Administrative Review,’’
dated April 21, 2022 (collectively, Withdrawal
Request). For the list companies, for which the
request for review was timely withdrawn, see the
appendix to this notice.
9 See ALPPA Welded Line Pipe Committee’s
Letter, ‘‘Welded Line Pipe from Turkey: Request for
Verification,’’ dated May 16, 2022 (Verification
Request).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
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 a party that requested the
review withdraws the request within 90
days of the date of publication of notice
of initiation of the requested review.’’
On April 20, 2022, the domestic
interested parties timely withdrew their
requests for an administrative review of
the 18 companies listed in the appendix
to this notice.10 Because no other party
requested a review of these companies,
we are rescinding this review, in part,
with respect to these companies,
pursuant to 19 CFR 351.213(d)(1).
Preliminary Determination of No
Shipments
Based on CBP’s response to
Commerce’s no-shipment inquiry 11 and
the certifications provided by Cimtas,12
we preliminarily determine that the
company had no shipments and,
therefore, no reviewable entries, of
subject merchandise during the POR.
Consistent with Commerce’s practice,
we will not rescind the review with
respect to Cimtas, but rather, will
complete the review and issue
appropriate instructions to CBP based
on the final results of the review.13
Verification
Pursuant to 19 CFR 351.307(b)(1)(v),
Commerce ‘‘will verify factual
information’’ relied upon in the final
results of an administrative review if:
(A) ‘‘{a} domestic interested party, not
later than 100 days after the date of
publication of the notice of initiation of
review, submits a written request for
verification; and (B) {Commerce}
conducted no verification . . . during
either of the two immediately preceding
administrative reviews.’’ 14 19 CFR
351.307(b)(1)(iv) also states that
Commerce will verify if the Secretary
decides that ‘‘good cause for verification
exists.’’ Here, Commerce received the
domestic interested parties’ verification
10 See
Withdrawal Request.
Memorandum, ‘‘Welded Line Pipe from the
Republic of Turkey; No Shipment Inquiry for
Cimtas Boru Imalatlari ve Ticaret, Ltd. Sti. during
the period 12/01/2020 through 11/30/2021,’’ dated
July 22, 2022.
12 See Cimtas No Shipment Letter.
13 See, e.g., Polyethylene Terephthalate Film,
Sheet, and Strip from Taiwan: Preliminary Results
of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018–
2019, 85 FR 74673 (November 23, 2020), unchanged
in Polyethylene Terephthalate Film, Sheet, and
Strip (PET Film) from Taiwan: Final Results of
Antidumping Duty Administrative Review; 2018–
2019, 86 FR 14311 (March 15, 2021).
14 See 19 CFR 351.307(b)(1)(v).
11 See
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Federal Register / Vol. 87, No. 167 / Tuesday, August 30, 2022 / Notices
request in a timely manner. However,
Commerce verified the information
provided by Cimtas in the immediately
preceding administrative review of this
Order. Thus, pursuant 19 CFR
351.307(b)(1)(v)(B), Commerce will not
verify the relevant factual information
in the instant review.
khammond on DSKJM1Z7X2PROD with NOTICES
Public Comment
Interested parties are invited to
comment on these preliminary results
and may submit case briefs or other
written comments to Commerce no later
than 30 days after the date of
publication of this notice.15 Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
seven days after the deadline for case
briefs.16 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, filed
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS)
within 30 days after the date of
publication of this notice.17 Hearing
requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
issues raised in the briefs. If a request
for a hearing is made, Commerce
intends to hold the hearing at a date and
time to be determined.18 Parties should
confirm the date, time, and location of
the hearing two days before the
scheduled date.
Parties are reminded that all briefs
and hearing requests must be filed
electronically using ACCESS by 5 p.m.
eastern time on the established
deadline. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.19
Commerce intends to issue the final
results of this administrative review,
15 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d)(1) and (2); 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).
17 See 19 CFR 351.310(c).
18 See 19 CFR 351.310(d).
19 See Temporary Rule.
16 See
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17:24 Aug 29, 2022
Jkt 256001
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the date of
publication of this notice in the Federal
Register, unless otherwise extended.20
Assessment
Commerce will instruct CBP to
liquidate any suspended entries for the
18 companies listed in the appendix to
this notice at the rate in effect at the
time of entry. Commerce intends to
issue assessment instructions to CBP no
earlier than 35 days after the date of
publication of this recission notice in
the Federal Register.
For Cimtas, 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
If the final results of review continue
to find that Cimtas had no shipments
during the POR, there will be no change
to the existing cash deposit
requirements.
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
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213(d).
Dated: August 23, 2022.
Lisa W Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
1. Borusan Istikbal Ticaret
2. Borusan Mannesmann Boru Sanayi ve
Ticaret A.S.21
section 751(a)(3)(A) of the Act.
Initiation Notice inadvertently misspelled
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
52913
3. Cayirova Boru Sanayii ve Ticaret A.S.
4. Emek Boru Makina Sanayi ve Ticaret A.S.
5. Erbosan Erciyas Tube Industry and Trade
Co. Inc.
6. Erciyas Celik Boru Sanayii A.S.
7. Guven Celik Boru Sanayii ve Ticaret Ltd.
Sti.
8. Has Altinyagmur celik Boru Sanayii ve
Ticaret Ltd. Sti.
9. HDM Steel Pipe Industry & Trade Co. Ltd.
10. Metalteks Celik Urunleri Sanayii
11. MMZ Onur Boru Profil Uretim Sanayii ve
Ticaret A.S.
12. Noksel Steel Pipe Co. Inc.
13. Ozbal Celik Boru
14. Toscelik Profile and Sheet Industry, Co.
15. Tosyali Dis Ticaret A.S.
16. Umran Celik Boru Sanayii
17. YMS Pipe & Metal Sanayii A.S.
18. Yucelboru Ihracat Ithalat Pazzarlam
[FR Doc. 2022–18677 Filed 8–29–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC164]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Site
Characterization Surveys Offshore
From Massachusetts to New Jersey for
Vineyard Northeast, LLC
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS is issuing an IHA to
Vineyard Northeast, LLC (Vineyard
Northeast) to incidentally harass, by
Level B harassment, marine mammals
incidental to marine site
characterization surveys offshore from
Massachusetts to New Jersey, including
the area of Commercial Lease of
Submerged Lands for Renewable Energy
Development on the Outer Continental
Shelf Lease Areas OCS–A 0522 and
OCS–A 0544 (Lease Areas) and along
potential offshore export cable corridor
(OECC) routes to landfall locations.
DATES: This authorization is effective
from July 27, 2022 through July 26,
2023.
FOR FURTHER INFORMATION CONTACT:
Carter Esch, Office of Protected
Resources, NMFS, (301) 427–8401.
SUMMARY:
20 See
21 The
PO 00000
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Fmt 4703
Sfmt 4703
as ‘‘Borusan Mannesmann Boru Sanayi ve Ticaret
A.’’
E:\FR\FM\30AUN1.SGM
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Agencies
[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Notices]
[Pages 52911-52913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18677]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-822]
Welded Line Pipe From the Republic of Turkey: Preliminary
Determination of No Shipments and Partial Rescission of the Antidumping
Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Cimtas Boru Imalatlari ve Ticaret, Ltd. Sti (Cimtas), the only
company subject to review, had no shipments of subject merchandise
during the period of review (POR), December 1, 2020, through November
30, 2021. In addition, we are rescinding this administrative review
with respect to companies for which requests for review were timely
withdrawn. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable August 30, 2022.
FOR FURTHER INFORMATION CONTACT: Christopher Hargett, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4161.
SUPPLEMENTARY INFORMATION:
Background
In December 2015, Commerce published in the Federal Register an
antidumping duty order on welded line
[[Page 52912]]
pipe from the Republic of Turkey.\1\ On December 1, 2021, Commerce
published in the Federal Register a notice of opportunity to request an
administrative review of the Order for the POR.\2\ On December 30,
2021, Commerce received timely requests to conduct an administrative
review of the Order, in accordance with section 751(a)(1) of the Tariff
Act of 1930, as amended (the Act), from Maverick Tube Corporation,
IPSCO Tubulars Inc., American Cast Iron Pipe Company, Dura-Bond
Industries, and Stupp Corporation, a division of Stupp Bros., Inc.
(collectively, the domestic interested parties).\3\ Based on these
requests, on February 4, 2022, Commerce initiated an administrative
review of the Order with respect to 19 companies.\4\ That same day,
consistent with the Initiation Notice, Commerce released data from U.S.
Customs and Border Protection (CBP) for purposes of respondent
selection and provided interested parties an opportunity to comment on
these data by February 11, 2022.\5\ Commerce received no comments on
the CBP Data. In January and February 2022, four companies submitted
certifications of no shipments.\6\
---------------------------------------------------------------------------
\1\ See Welded Line Pipe from the Republic of Korea and the
Republic of Turkey: Antidumping Duty Orders, 80 FR 75056 (December
1, 2015) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 86 FR 68215 (December 1, 2021).
\3\ See Maverick Tube Corporation and IPSCO Tubulars Inc.'s
Letter, ``Welded Line Pipe from the Turkey: Request for
Administrative Review,'' dated December 30, 2021; and American Cast
Iron Pipe Company, Dura-Bond Industries, and Stupp Corporation, a
division of Stupp Bros., Inc.'s Letter, ``Welded Line Pipe from
Turkey: Request for Administrative Review,'' dated December 30,
2021.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 6487, 6491 (February 4, 2022)
(Initiation Notice).
\5\ Id., 87 FR at 6487; see also Memorandum, ``Release of U.S.
Customs and Border Protection Entry Data,'' dated February 4, 2022
(CBP Data).
\6\ See [Ccedil]ayirova Boru Sanayi ve Ticaret A.S. and
Yucelboru Ihracat Ithalat ve Pazarlama A.S.'s Letter, ``Line pipe
from Turkey; Yucel No Shipments Letter,'' dated January 4, 2022;
Toscelik Profile and Sheet Industry, Co. and Tosyal[inodot] Dis
Ticaret A.S.'s Letter, ``Line pipe from Turkey; Toscelik No-
Shipments letter,'' dated January 4, 2022; Noksel [Ccedil]elik Boru
Sanayi A.S.'s Letter, ``Welded Line Pipe from Turkey (A-489-822):
Anti-Dumping Duty Order Administrative Review (12/1/20--11/30/21),''
dated February 11, 2022; and Borusan Mannesmann Boru Sanayi ve
Ticaret A.S.'s Letter, ``Welded Line Pipe from Turkey, Case No. A-
489-822: Notification of No Shipments,'' dated February 16, 2022.
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On March 4, 2022, Cimtas informed Commerce that it: (1) had not
made any reviewable shipments or sales of the subject merchandise to
the United States during POR; and (2) had no physical entries and/or no
reviewable entries of subject merchandise to the United States during
this period.\7\
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\7\ See Cimtas's Letter, ``Welded Line Pipe from Turkey: No
(Reviewable) Shipment Letter,'' dated March 4, 2022 (Cimtas No
Shipment Letter).
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In April 2022, the domestic interested parties timely withdrew
their requests for review with respect to 18 companies.\8\ As a result,
Cimtas is the only company that remains subject to this review.
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\8\ See Maverick Tube Corporation and IPSCO Tubulars Inc.'s
Letter, ``Welded Line Pipe from Turkey: Partial Withdrawal of
Request for Administrative Review of Antidumping Duty Order,'' dated
April 20, 2022; and American Cast Iron Pipe Company, Dura-Bond
Industries, and Stupp Corporation, a division of Stupp Bros., Inc.'s
Letter, ``Welded Line Pipe from Turkey: Partial Withdrawal of
Request for Administrative Review,'' dated April 21, 2022
(collectively, Withdrawal Request). For the list companies, for
which the request for review was timely withdrawn, see the appendix
to this notice.
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On May 16, 2022, domestic interested parties requested that
Commerce conduct verification in this administrative review.\9\
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\9\ See ALPPA Welded Line Pipe Committee's Letter, ``Welded Line
Pipe from Turkey: Request for Verification,'' dated May 16, 2022
(Verification Request).
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Scope of the Order
The products covered by the Order are circular welded carbon and
alloy steel (other than stainless steel) pipe of a kind used for oil or
gas pipelines (welded line pipe), not more than 24 inches in nominal
outside diameter, regardless of wall thickness, length, surface finish,
end finish, or stenciling. Welded line pipe is normally produced to the
American Petroleum Institute (API) specification 5L, but can be
produced to comparable foreign specifications, to proprietary grades,
or can be non-graded material. All pipe meeting the physical
description set forth above, including multiple-stenciled pipe with an
API or comparable foreign specification line pipe stencil is covered by
the scope of this Order.
The welded line pipe that is subject to the Order is currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheadings 7305.11.1030, 7305.11.5000, 7305.12.1030,
7305.12.5000, 7305.19.1030, 7305.19.5000, 7306.19.1010, 7306.19.1050,
7306.19.5110, and 7306.19.5150. The subject merchandise may also enter
in HTSUS 7305.11.1060 and 7305.12.1060. While the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the scope of the Order is dispositive.
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 a party that
requested the review withdraws the request within 90 days of the date
of publication of notice of initiation of the requested review.'' On
April 20, 2022, the domestic interested parties timely withdrew their
requests for an administrative review of the 18 companies listed in the
appendix to this notice.\10\ Because no other party requested a review
of these companies, we are rescinding this review, in part, with
respect to these companies, pursuant to 19 CFR 351.213(d)(1).
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\10\ See Withdrawal Request.
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Preliminary Determination of No Shipments
Based on CBP's response to Commerce's no-shipment inquiry \11\ and
the certifications provided by Cimtas,\12\ we preliminarily determine
that the company had no shipments and, therefore, no reviewable
entries, of subject merchandise during the POR. Consistent with
Commerce's practice, we will not rescind the review with respect to
Cimtas, but rather, will complete the review and issue appropriate
instructions to CBP based on the final results of the review.\13\
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\11\ See Memorandum, ``Welded Line Pipe from the Republic of
Turkey; No Shipment Inquiry for Cimtas Boru Imalatlari ve Ticaret,
Ltd. Sti. during the period 12/01/2020 through 11/30/2021,'' dated
July 22, 2022.
\12\ See Cimtas No Shipment Letter.
\13\ See, e.g., Polyethylene Terephthalate Film, Sheet, and
Strip from Taiwan: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2018-2019, 85 FR 74673 (November 23, 2020), unchanged in
Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from
Taiwan: Final Results of Antidumping Duty Administrative Review;
2018-2019, 86 FR 14311 (March 15, 2021).
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Verification
Pursuant to 19 CFR 351.307(b)(1)(v), Commerce ``will verify factual
information'' relied upon in the final results of an administrative
review if: (A) ``{a{time} domestic interested party, not later than
100 days after the date of publication of the notice of initiation of
review, submits a written request for verification; and (B)
{Commerce{time} conducted no verification . . . during either of the
two immediately preceding administrative reviews.'' \14\ 19 CFR
351.307(b)(1)(iv) also states that Commerce will verify if the
Secretary decides that ``good cause for verification exists.'' Here,
Commerce received the domestic interested parties' verification
[[Page 52913]]
request in a timely manner. However, Commerce verified the information
provided by Cimtas in the immediately preceding administrative review
of this Order. Thus, pursuant 19 CFR 351.307(b)(1)(v)(B), Commerce will
not verify the relevant factual information in the instant review.
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\14\ See 19 CFR 351.307(b)(1)(v).
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Public Comment
Interested parties are invited to comment on these preliminary
results and may submit case briefs or other written comments to
Commerce no later than 30 days after the date of publication of this
notice.\15\ Rebuttal briefs, limited to issues raised in case briefs,
may be submitted no later than seven days after the deadline for case
briefs.\16\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case or rebuttal briefs in this proceeding are encouraged to
submit with each argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.
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\15\ See 19 CFR 351.309(c)(1)(ii).
\16\ See 19 CFR 351.309(d)(1) and (2); 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).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, filed electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS) within 30 days after the
date of publication of this notice.\17\ Hearing requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, Commerce intends to hold
the hearing at a date and time to be determined.\18\ Parties should
confirm the date, time, and location of the hearing two days before the
scheduled date.
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\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310(d).
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Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS by 5 p.m. eastern time on the
established deadline. Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\19\
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\19\ See Temporary Rule.
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice in the Federal Register, unless otherwise extended.\20\
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\20\ See section 751(a)(3)(A) of the Act.
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Assessment
Commerce will instruct CBP to liquidate any suspended entries for
the 18 companies listed in the appendix to this notice at the rate in
effect at the time of entry. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of this recission notice in the Federal Register.
For Cimtas, 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
If the final results of review continue to find that Cimtas had no
shipments during the POR, there will be no change to the existing cash
deposit requirements.
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
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(d).
Dated: August 23, 2022.
Lisa W Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
1. Borusan Istikbal Ticaret
2. Borusan Mannesmann Boru Sanayi ve Ticaret A.S.\21\
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\21\ The Initiation Notice inadvertently misspelled Borusan
Mannesmann Boru Sanayi ve Ticaret A.S. as ``Borusan Mannesmann Boru
Sanayi ve Ticaret A.''
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3. Cayirova Boru Sanayii ve Ticaret A.S.
4. Emek Boru Makina Sanayi ve Ticaret A.S.
5. Erbosan Erciyas Tube Industry and Trade Co. Inc.
6. Erciyas Celik Boru Sanayii A.S.
7. Guven Celik Boru Sanayii ve Ticaret Ltd. Sti.
8. Has Altinyagmur celik Boru Sanayii ve Ticaret Ltd. Sti.
9. HDM Steel Pipe Industry & Trade Co. Ltd.
10. Metalteks Celik Urunleri Sanayii
11. MMZ Onur Boru Profil Uretim Sanayii ve Ticaret A.S.
12. Noksel Steel Pipe Co. Inc.
13. Ozbal Celik Boru
14. Toscelik Profile and Sheet Industry, Co.
15. Tosyali Dis Ticaret A.S.
16. Umran Celik Boru Sanayii
17. YMS Pipe & Metal Sanayii A.S.
18. Yucelboru Ihracat Ithalat Pazzarlam
[FR Doc. 2022-18677 Filed 8-29-22; 8:45 am]
BILLING CODE 3510-DS-P