Circular Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020-2021, 75596-75598 [2022-26746]
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Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Notices
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; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that sales of
circular welded carbon steel standard
pipe and tube products from Turkey
were made at less than normal value
(NV) during the period of review (POR)
May 1, 2020, through April 30, 2021.
DATES: Applicable December 9, 2022.
FOR FURTHER INFORMATION CONTACT:
Magd Zalok, AD/CVD Operations, Office
IV, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4162.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
lotter on DSK11XQN23PROD with NOTICES1
On June 6, 2022, Commerce published
the Preliminary Results and invited
interested parties to comment.1 These
final results cover 20 companies for
which an administrative review was
initiated and not rescinded. The sole
mandatory respondent in this
administrative review is Borusan
Mannesmann Boru Sanayi ve Ticaret
A.S. (Borusan Mannesmann) and
Borusan Istikbal Ticaret T.A.S. (Istikbal)
(collectively, Borusan).2 The producers/
exporters not selected for individual
examination are listed in the ‘‘Final
Results of the Review’’ section of this
notice. On July 6, 2022, Borusan and
Wheatland Tube Company (Wheatland),
the petitioner, submitted case briefs.3
On July 13, 2022, Borusan and
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; 2020–2021, 87 FR 34242 (June 6, 2022)
(Preliminary Results).
2 See Memorandum, ‘‘Respondent Selection,’’
dated August 11, 2021.
3 See Borusan’s Letter, ‘‘BMB’s Case Brief,’’ dated
July 6, 2022 (Borusan’s Case Brief); see also
Wheatland’s Letter, ‘‘Case Brief,’’ dated July 6, 2022
(Wheatland’s Case Brief); and Nucor Tubular
Products Inc.’s (Nucor Tubular) Letter, ‘‘Case Brief,’’
dated July 6, 2022. Nucor Tubular is a domestic
producer and interested party under 19 U.S.C.
1677(9)(C). Its letter concurs with and adopts by
reference the arguments set forth in Wheatland’s
Case Brief.
VerDate Sep<11>2014
17:50 Dec 08, 2022
Jkt 259001
Wheatland submitted their rebuttal
briefs.4 On September 20, 2022, we
extended the deadline for the final
results by 59 days to December 2, 2022.5
Commerce conducted this review in
accordance with section 751(a)(1)(B) of
the Tariff Act of 1930, as amended (the
Act).
Scope of the Order 6
The scope of the Order covers circular
welded carbon steel standard pipe and
tube products from Turkey. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.7
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum. A list of the
issues addressed in the Issues and
Decision Memorandum is in the
appendix to this notice. 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 at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, and for the reasons
explained in the Issues and Decision
Memorandum, we made certain changes
from the Preliminary Results.
Determination of No Shipments
In the Preliminary Results, we found
that the following 13 companies made
no shipments of the subject
merchandise to the United States during
the POR: (1) Toscelik Profil ve Sac
4 See Borusan’s Letter, ‘‘BMB’s Rebuttal Brief,’’
dated July 13, 2022 (Borusan’s Rebuttal Brief); see
also Wheatland’s Letter, ‘‘Rebuttal Brief,’’ dated
July 13, 2022 (Wheatland’s Rebuttal Brief); and
Nucor Tubular’s Letter, ‘‘Rebuttal Brief,’’ dated July
13, 2022, in which Nucor Tubular states that it
concurs with and adopts by reference the arguments
set forth in Wheatland’s Rebuttal Brief.
5 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review; 2020–2021,’’ dated September 20, 2022.
6 See Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products from
Turkey, 51 FR 17784 (May 15, 1986) (Order).
7 See Memorandum, ‘‘Issues and Decisions
Memorandum for the Final Results of the
Antidumping Duty Administrative Review: Circular
Welded Carbon Steel Standard Pipe and Tube
Products from Turkey; 2020–2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Endustrisi A.S.; (2) Tosyali Dis Ticaret
A.S.; (3) Toscelik Metal Ticaret A.S.; (4)
Cayirova Boru Sanayi ve Ticaret A.S.;(5)
Yucel Boru ve Profil Endustrisi A.S.; (6)
Yucelboru Ihracat ve Pazarlama A.S.; (7)
Cinar Boru Profil San. Ve Tic. AS; (8)
Erbosan Erciyas Boru Sanayi ve Ticaret
A.S.; (9) Borusan Birlesik Boru
Fabrikalari San ve Tic; (10) Borusan
Gemlik Boru Tesisleri A.S.; (11) Borusan
Ihracat Ithalat ve Dagitim A.S.; (12)
Tubeco Pipe and Steel Corporation; (13)
and Borusan Ithicat ve Dagitim A.S. No
parties commented on this
determination.8 For the final results of
review, we continue to find that these
companies made no shipments of
subject merchandise to the United
States during the POR.
With respect to Istikbal, one of the
companies that certified no shipments
during the POR, we continue to find
Istikbal to be part of the single entity,
Borusan, and we find no record
evidence that warrants altering this
treatment. Therefore, because we find
that Borusan had shipments during this
POR, we have not made a determination
of no shipments with respect to Istikbal.
Rate for Non-Selected Respondents
For the rate for non-selected
respondents in an administrative
review, generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
investigation, for guidance. Under
section 735(c)(5)(A) of the Act, the allothers rate is normally ‘‘an amount
equal to the weighted-average of the
estimated weighted-average dumping
margins established for exporters and
producers individually investigated,
excluding any zero or de minimis
margins, and any margins determined
entirely {on the basis of facts
available}.’’ In this segment of the
proceeding, we calculated a margin for
Borusan that was not zero, de minimis,
or based on facts available. Accordingly,
we have applied the margin calculated
for Borusan to the non-individually
examined respondents.
Final Results of Review
For these final results, we determine
that the following weighted-average
dumping margins exist for the period
May 1, 2020, through April 30, 2021:
8 One of the companies that filed a no-shipments
claim, Toscelik Spiral Boru Uretim A.S. (Toscelik
Uretim), is not subject to this review and has
voluntarily submitted a no-shipment certification
via Toscelik Profil’s No-Shipment Certification
Letter. However, as explained in the Preliminary
Results, because this company is not subject to this
review (i.e., no party requested a review of Toscelik
Uretim), we have not evaluated its no-shipments
claim.
E:\FR\FM\09DEN1.SGM
09DEN1
Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Notices
75597
Weightedaverage
dumping
margin
(percent)
Exporter/manufacturer
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan Istikbal Ticaret T.A.S .................................................................
15.56
Rate Applicable to the Following Non-Selected Companies
Borusan Holding ..........................................................................................................................................................................
Borusan Mannesmann Yatirim Holding .......................................................................................................................................
Kale Baglanti Teknolojileri San. ve Tic. A.S ................................................................................................................................
Kale Baglann Teknolojileri San. Ve Tic. A.S ...............................................................................................................................
Noksel Celik Boru Sanayi A.S .....................................................................................................................................................
lotter on DSK11XQN23PROD with NOTICES1
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these final results of review to
parties in this review within five days
after public announcement of the final
results or, if there is no public
announcement, within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
Assessment Rates
Commerce shall determine 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. For Borusan,
we calculated importer-specific
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for each importer’s examined
sales and the total entered value of those
sales in accordance with 19 CFR
351.212(b)(1). Where an importerspecific assessment rate is de minimis
(i.e., less than 0.5 percent), the entries
by that importer will be liquidated
without regard to antidumping duties.
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, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.9 For the companies
identified above that were not selected
for individual examination, we will
instruct CBP to liquidate entries at the
rates established in these final results of
review.
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
9 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
VerDate Sep<11>2014
17:50 Dec 08, 2022
Jkt 259001
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 for estimated antidumping
duties will be effective upon publication
of this notice for all shipments of
circular welded carbon steel standard
pipe and tube products from Turkey
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication as provided by section
751(a)(2) of the Act: (1) the cash deposit
rate for the companies subject to this
review will be equal to the companyspecific weighted-average dumping
margin established in the final results of
the review; (2) for merchandise exported
by producers or exporters not covered in
this review but covered in a prior
completed segment of the proceeding,
the cash deposit rate will continue to be
the company-specific rate published in
the completed segment for the most
recent period; (3) if the exporter is not
a firm covered in this review, a prior
review, or the original investigation, but
the producer has been covered in a prior
completed segment of this proceeding,
then the cash deposit rate will be the
rate established in the completed
segment for the most recent period for
the producer of the merchandise; (4) the
cash deposit rate for all other producers
or exporters will continue to be 14.74
percent, the all-others rate established
in the less-than-fair-value investigation
of this proceeding.10 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
10 See
PO 00000
Order, 51 FR 17784.
Frm 00012
Fmt 4703
Sfmt 4703
15.56
15.56
15.56
15.56
15.56
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. 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
Regarding Administrative Protective
Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction or return of proprietary
information disclosed under 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 destruction or return
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.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: December 2, 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 Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Particular Market Situation
Comment 2: Section 232 Duties
Comment 3: Differential Pricing
Comment 4: Allocation of Indirect Selling
Expenses
Comment 5: Correction of Errors
E:\FR\FM\09DEN1.SGM
09DEN1
75598
Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Notices
VI. Recommendation
[FR Doc. 2022–26746 Filed 12–8–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–809]
Hot-Rolled Flat-Rolled Carbon-Quality
Steel Products From the Russian
Federation: Continuation of the
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) order on hot-rolled flat-rolled
carbon-quality steel products (hot-rolled
steel) from the Russian Federation
(Russia) would likely lead to
continuation or recurrence of dumping
and material injury to an industry in the
United States, Commerce is publishing
a notice of continuation of this AD
order.
DATES: Applicable December 9, 2022.
FOR FURTHER INFORMATION CONTACT:
Brian Davis, AD/CVD Operations, Office
VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–7924.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 19, 1999, Commerce
published the Suspension Agreement on
hot-rolled steel from Russia.1 On
December 24, 2014, Commerce
terminated the Suspension Agreement
and issued the Order.2 On September 1,
2021, Commerce initiated, and the ITC
instituted, the second five-year (sunset)
review of the Order,3 pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act).4 As a result of its
review, pursuant to sections 751(c)(1)
and 752(c) of the Act, Commerce
determined that revocation of the Order
on hot-rolled steel from Russia would
likely lead to continuation or recurrence
of dumping, and notified the ITC of the
magnitude of the margins of dumping
likely to prevail should the orders be
revoked.5
On December 2, 2022, the ITC
published its determination, pursuant to
sections 751(c) and 752(a) of the Act,
that revocation of the Order would
likely lead to continuation or recurrence
of material injury to an industry in the
United States within a reasonably
foreseeable time.6
Scope of the Order
For the purposes of this Order, ‘‘hotrolled steel’’ means certain hot-rolled
flat-rolled carbon-quality steel products
of a rectangular shape, of a width of 0.5
inch or greater, neither clad, plated, nor
coated with metal and whether or not
painted, varnished, or coated with
plastics or other non-metallic
substances, in coils (whether or not in
successively superimposed layers)
regardless of thickness, and in straight
lengths, of a thickness less than 4.75
mm and of a width measuring at least
10 times the thickness. Universal mill
plate (i.e., flat-rolled products rolled on
four faces or in a closed box pass, of a
width exceeding 150 mm but not
exceeding 1250 mm and of a thickness
of not less than 4 mm, not in coils and
without patterns in relief) of a thickness
not less than 4.0 mm is not included
within the scope of this Order.
Specifically subject to the scope of this
Order are vacuum degassed, fully
stabilized (commonly referred to as
interstitial-free (IF)) steels, high strength
low alloy (HSLA) steels, and the
substrate for motor lamination steels. IF
steels are recognized as low carbon
steels with micro-alloying levels of
elements such as titanium and/or
niobium added to stabilize carbon and
nitrogen elements. HSLA steels are
recognized as steels with micro-alloying
levels of elements such as chromium,
copper, niobium, titanium, vanadium,
and molybdenum. The substrate for
motor lamination steels contains microalloying levels of elements such as
silicon and aluminum. Steel products
subject to the scope of this Order,
regardless of definitions in the
Harmonized Tariff Schedule of the
United States (HTSUS), are products in
which: (1) Iron predominates, by
weight, over each of the other contained
elements; (2) the carbon content is 2
percent or less, by weight; and (3) none
of the elements listed below exceeds the
quantity, by weight, respectively
indicated: 1.80 Percent of manganese, or
1.50 percent of silicon, or 1.00 percent
of copper, or 0.50 percent of aluminum,
or 1.25 percent of chromium, or 0.30
percent of cobalt, or 0.40 percent of
lead, or 1.25 percent of nickel, or 0.30
percent of tungsten, or 0.012 percent of
boron, or 0.10 percent of molybdenum,
or 0.10 percent of niobium, or 0.41
percent of titanium, or 0.15 percent of
vanadium, or 0.15 percent of zirconium.
All products that meet the physical and
chemical description provided above
are within the scope of this Order unless
otherwise excluded. The following
products, by way of example, are
outside and/or specifically excluded
from the scope of this Order:
• Alloy hot-rolled steel products in
which at least one of the chemical
elements exceeds those listed above
(including e.g., ASTM specifications
A543, A387, A514, A517, and A506).
• SAE/AISI grades of series 2300 and
higher.
• Ball bearing steels, as defined in the
HTSUS.
• Tool steels, as defined in the
HTSUS.
• Silico-manganese (as defined in the
HTSUS) or silicon electrical steel with
a silicon level exceeding 1.50 percent.
• ASTM specifications A710 and
A736.
• USS Abrasion-resistant steels (USS
AR 400, USS AR 500).
• Hot-rolled steel coil which meets
the following chemical, physical and
mechanical specifications:
C
Mn
P
S
Si
Cr
Cu
Ni
0.10–0.14%
0.90% Max
0.025% Max
0.005% Max
0.30–0.50%
0.50–0.70%
0.20–0.40%
0.20% Max
lotter on DSK11XQN23PROD with NOTICES1
Width = 44.80 inches maximum; Thickness = 0.063–0.198 inches; Yield Strength = 50,000 ksi minimum; Tensile Strength = 70,000–88,000 psi.
1 See Suspension of Antidumping Duty
Investigation: Hot-Rolled Flat-Rolled CarbonQuality Steel Products from the Russian Federation,
64 FR 38642 (July 19, 1999) (Suspension
Agreement).
2 See Termination of the Suspension Agreement
on Hot-Rolled Flat-Rolled Carbon-Quality Steel
Products from the Russian Federation, Rescission of
the 2013–2014 Administrative Review, and Issuance
VerDate Sep<11>2014
17:50 Dec 08, 2022
Jkt 259001
of Antidumping Duty Order, 79 FR 77455
(December 24, 2014) (Order).
3 Initiation of Five-Year (Sunset) Reviews, 86 FR
48983 (September 1, 2021) (Initiation of Sunset);
and Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, Korea, the Netherlands, Russia,
Turkey, and the United Kingdom; Institution of
Five-Year Reviews, 86 FR 49057 (September 1,
2021) (Institution of Sunset).
PO 00000
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Fmt 4703
Sfmt 4703
4 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
84 FR 25741 (June 4, 2019).
5 See Hot-Rolled Flat-Rolled Carbon-Quality Steel
from the Russian Federation: Final Results of the
Expedited Sunset Review of the Antidumping Duty
Order, 86 FR 72577 (December 22, 2021).
6 See Hot-Rolled Steel from Australia, Brazil,
Japan, Netherlands, Russia, South Korea, Turkey,
and the United Kingdom, 87 FR 74167 (December
2, 2022).
E:\FR\FM\09DEN1.SGM
09DEN1
]]>Agencies
[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75596-75598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26746]
[[Page 75596]]
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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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that sales of
circular welded carbon steel standard pipe and tube products from
Turkey were made at less than normal value (NV) during the period of
review (POR) May 1, 2020, through April 30, 2021.
DATES: Applicable December 9, 2022.
FOR FURTHER INFORMATION CONTACT: Magd Zalok, AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration,
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-4162.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2022, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ These final results cover 20
companies for which an administrative review was initiated and not
rescinded. The sole mandatory respondent in this administrative review
is Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan Mannesmann)
and Borusan Istikbal Ticaret T.A.S. (Istikbal) (collectively,
Borusan).\2\ The producers/exporters not selected for individual
examination are listed in the ``Final Results of the Review'' section
of this notice. On July 6, 2022, Borusan and Wheatland Tube Company
(Wheatland), the petitioner, submitted case briefs.\3\ On July 13,
2022, Borusan and Wheatland submitted their rebuttal briefs.\4\ On
September 20, 2022, we extended the deadline for the final results by
59 days to December 2, 2022.\5\ Commerce conducted this review in
accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act).
---------------------------------------------------------------------------
\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;
2020-2021, 87 FR 34242 (June 6, 2022) (Preliminary Results).
\2\ See Memorandum, ``Respondent Selection,'' dated August 11,
2021.
\3\ See Borusan's Letter, ``BMB's Case Brief,'' dated July 6,
2022 (Borusan's Case Brief); see also Wheatland's Letter, ``Case
Brief,'' dated July 6, 2022 (Wheatland's Case Brief); and Nucor
Tubular Products Inc.'s (Nucor Tubular) Letter, ``Case Brief,''
dated July 6, 2022. Nucor Tubular is a domestic producer and
interested party under 19 U.S.C. 1677(9)(C). Its letter concurs with
and adopts by reference the arguments set forth in Wheatland's Case
Brief.
\4\ See Borusan's Letter, ``BMB's Rebuttal Brief,'' dated July
13, 2022 (Borusan's Rebuttal Brief); see also Wheatland's Letter,
``Rebuttal Brief,'' dated July 13, 2022 (Wheatland's Rebuttal
Brief); and Nucor Tubular's Letter, ``Rebuttal Brief,'' dated July
13, 2022, in which Nucor Tubular states that it concurs with and
adopts by reference the arguments set forth in Wheatland's Rebuttal
Brief.
\5\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2020-2021,'' dated September
20, 2022.
---------------------------------------------------------------------------
Scope of the Order \6\
---------------------------------------------------------------------------
\6\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986)
(Order).
---------------------------------------------------------------------------
The scope of the Order covers circular welded carbon steel standard
pipe and tube products from Turkey. A full description of the scope of
the Order is contained in the Issues and Decision Memorandum.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Issues and Decisions Memorandum for the
Final Results of the Antidumping Duty Administrative Review:
Circular Welded Carbon Steel Standard Pipe and Tube Products from
Turkey; 2020-2021,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum. A
list of the issues addressed in the Issues and Decision Memorandum is
in the appendix to this notice. 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the comments received, and for the reasons
explained in the Issues and Decision Memorandum, we made certain
changes from the Preliminary Results.
Determination of No Shipments
In the Preliminary Results, we found that the following 13
companies made no shipments of the subject merchandise to the United
States during the POR: (1) Toscelik Profil ve Sac Endustrisi A.S.; (2)
Tosyali Dis Ticaret A.S.; (3) Toscelik Metal Ticaret A.S.; (4) Cayirova
Boru Sanayi ve Ticaret A.S.;(5) Yucel Boru ve Profil Endustrisi A.S.;
(6) Yucelboru Ihracat ve Pazarlama A.S.; (7) Cinar Boru Profil San. Ve
Tic. AS; (8) Erbosan Erciyas Boru Sanayi ve Ticaret A.S.; (9) Borusan
Birlesik Boru Fabrikalari San ve Tic; (10) Borusan Gemlik Boru
Tesisleri A.S.; (11) Borusan Ihracat Ithalat ve Dagitim A.S.; (12)
Tubeco Pipe and Steel Corporation; (13) and Borusan Ithicat ve Dagitim
A.S. No parties commented on this determination.\8\ For the final
results of review, we continue to find that these companies made no
shipments of subject merchandise to the United States during the POR.
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\8\ One of the companies that filed a no-shipments claim,
Toscelik Spiral Boru Uretim A.S. (Toscelik Uretim), is not subject
to this review and has voluntarily submitted a no-shipment
certification via Toscelik Profil's No-Shipment Certification
Letter. However, as explained in the Preliminary Results, because
this company is not subject to this review (i.e., no party requested
a review of Toscelik Uretim), we have not evaluated its no-shipments
claim.
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With respect to Istikbal, one of the companies that certified no
shipments during the POR, we continue to find Istikbal to be part of
the single entity, Borusan, and we find no record evidence that
warrants altering this treatment. Therefore, because we find that
Borusan had shipments during this POR, we have not made a determination
of no shipments with respect to Istikbal.
Rate for Non-Selected Respondents
For the rate for non-selected respondents in an administrative
review, generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in a
market economy investigation, for guidance. Under section 735(c)(5)(A)
of the Act, the all-others rate is normally ``an amount equal to the
weighted-average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero or de minimis margins, and any margins determined
entirely {on the basis of facts available{time} .'' In this segment of
the proceeding, we calculated a margin for Borusan that was not zero,
de minimis, or based on facts available. Accordingly, we have applied
the margin calculated for Borusan to the non-individually examined
respondents.
Final Results of Review
For these final results, we determine that the following weighted-
average dumping margins exist for the period May 1, 2020, through April
30, 2021:
[[Page 75597]]
------------------------------------------------------------------------
Weighted- average
Exporter/manufacturer dumping margin
(percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./ 15.56
Borusan Istikbal Ticaret T.A.S.....................
------------------------------------------------------------------------
Rate Applicable to the Following Non-Selected
Companies
------------------------------------------------------------------------
Borusan Holding..................................... 15.56
Borusan Mannesmann Yatirim Holding.................. 15.56
Kale Baglanti Teknolojileri San. ve Tic. A.S........ 15.56
Kale Baglann Teknolojileri San. Ve Tic. A.S......... 15.56
Noksel Celik Boru Sanayi A.S........................ 15.56
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to parties in this review
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rates
Commerce shall determine 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. For Borusan, we calculated importer-specific assessment rates
on the basis of the ratio of the total amount of dumping calculated for
each importer's examined sales and the total entered value of those
sales in accordance with 19 CFR 351.212(b)(1). Where an importer-
specific assessment rate is de minimis (i.e., less than 0.5 percent),
the entries by that importer will be liquidated without regard to
antidumping duties. 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, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.\9\ For the
companies identified above that were not selected for individual
examination, we will instruct CBP to liquidate entries at the rates
established in these final results of review.
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\9\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 for estimated antidumping
duties will be effective upon publication of this notice for all
shipments of circular welded carbon steel standard pipe and tube
products from Turkey entered, or withdrawn from warehouse, for
consumption on or after the date of publication as provided by section
751(a)(2) of the Act: (1) the cash deposit rate for the companies
subject to this review will be equal to the company-specific weighted-
average dumping margin established in the final results of the review;
(2) for merchandise exported by producers or exporters not covered in
this review but covered in a prior completed segment of the proceeding,
the cash deposit rate will continue to be the company-specific rate
published in the completed segment for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior review, or
the original investigation, but the producer has been covered in a
prior completed segment of this proceeding, then the cash deposit rate
will be the rate established in the completed segment for the most
recent period for the producer of the merchandise; (4) the cash deposit
rate for all other producers or exporters will continue to be 14.74
percent, the all-others rate established in the less-than-fair-value
investigation of this proceeding.\10\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\10\ See Order, 51 FR 17784.
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Notification to Importers
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 entries during this POR. 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 Regarding Administrative Protective
Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction or return of proprietary information
disclosed under 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 destruction or
return 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.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: December 2, 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 Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Particular Market Situation
Comment 2: Section 232 Duties
Comment 3: Differential Pricing
Comment 4: Allocation of Indirect Selling Expenses
Comment 5: Correction of Errors
[[Page 75598]]
VI. Recommendation
[FR Doc. 2022-26746 Filed 12-8-22; 8:45 am]
BILLING CODE 3510-DS-P
