Circular Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Amended Final Results of Antidumping Duty Administrative Review; 2020-2021, 2606-2608 [2023-00672]
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Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Notices
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acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, pursuant to section 1760(e) of
ECRA and sections 766.23 and 766.25 of
the Regulations, any other person, firm,
corporation, or business organization
related to McGinnis by ownership,
control, position of responsibility,
affiliation, or other connection in the
conduct of trade or business may also be
made subject to the provisions of this
Order in order to prevent evasion of this
Order.
Fourth, in accordance with part 756 of
the Regulations, McGinnis may file an
appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to McGinnis and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until September 16, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–00711 Filed 1–13–23; 8:45 am]
BILLING CODE 3510–DT–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–501]
Circular Welded Carbon Steel Standard
Pipe and Tube Products From Turkey:
Amended Final Results of
Antidumping Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is amending its
final results in the administrative
review of the antidumping duty order
on circular welded carbon steel
standard pipe and tube products (pipe
and tube products) from Turkey for the
period May 1, 2020, through April 30,
2021, to correct a ministerial error.
DATES: Applicable January 17, 2023.
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:
rebuttal comments from Wheatland
Tube (Wheatland), a petitioner in this
administrative review.4 Based on our
analysis of the allegation, we determine
that we made a ministerial error and
have made changes to the calculation of
the weighted-average dumping margin
for Borusan and for the nonindividually examined respondents.5
Scope of the Order
The products covered by this order
are welded carbon steel standard pipe
and tube products with an outside
diameter of 0.375 inches or more but not
over 16 inches of any wall thickness,
and are currently classified under the
following Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings: 7306.30.10.00,
7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55,
7306.30.50.85, and 7306.30.50.90.
Although the HTSUS subheading is
provided for convenience and customs
purposes, the written description of the
order is dispositive. These products,
commonly referred to in the industry as
standard pipe or tube, are produced to
various ASTM specifications, most
notably A–120, A–53, or A–135.
Background
On December 9, 2022, Commerce
published the final results of the 2020–
2021 administrative review of pipe and
tube products from Turkey.1 On
December 7, 2022, Commerce granted
interested parties in this administrative
review the opportunity to provide
comments on any ministerial errors
found in the margin calculation for the
final results, in accordance with 19 CFR
351.224(c)(2).2 On December On
December 12, 2022, Commerce received
a timely filed allegation from Borusan
Mannesmann Boru Sanayi ve Ticaret
A.S. (Borusan Mannesmann) and
Borusan Istikbal Ticaret T.A.S. (Istikbal)
(collectively, Borusan), the respondent
in this administrative review, alleging
that Commerce made a ministerial error
in the Final Results regarding its
calculation of the final dumping
margin.3 We received ministerial error
Ministerial Error
Section 751(h) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.224(f) define a ‘‘ministerial error’’ as
an error ‘‘in addition, subtraction, or
other arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.’’
Borusan argues that Commerce
incorrectly set the beginning date for the
margin and home market calculation
programs to the months of the period of
review (POR), thereby, omitting certain
reported U.S. sales that Borusan sold
prior to the POR but entered the United
States during the POR.6 We agree with
Borusan that Commerce made an
unintentional error within the meaning
of section 751(h) of the Act and 19 CFR
351.224(f) and, therefore, we have
corrected the error by amending the
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; 2020–2021,
87 FR 75596 (December 9, 2022) (Final Results),
and accompanying Issues and Decision
Memorandum.
2 See Commerce’s Letter, ‘‘2020–2021
Administrative Review of the Antidumping Duty
Order on Welded Carbon Steel Standard Pipe and
Tube Products from Turkey: Final Results
Disclosure for Borusan,’’ dated December 12, 2022.
3 See Borusan’s Letter, ‘‘Circular Welded Carbon
Steel Pipes and Tubes from Turkey, Case No. A–
489–501: BMB Ministerial Error Allegation,’’ dated
December 12, 2022 (Ministerial Allegation).
4 See Wheatland’s Letter, ‘‘Circular Welded
Carbon Steel Standard Pipe and Tube Products from
Turkey: Ministerial Error Rebuttal Comments,’’
dated December 19, 2022.
5 See Memorandum, ‘‘Amended Final Results of
the 2020–2021 Antidumping Duty Administrative
Review on Circular Welded Carbon Steel Standard
Pipe and Tube Products from Turkey: Allegation of
Ministerial Error,’’ dated concurrently with, and
hereby adopted by, this notice (Ministerial Error
Memorandum).
6 See Ministerial Allegation.
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Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Notices
Final Results pursuant to section 751(h)
of the Act and 19 CFR 351.224(e).7
Specifically, we corrected the beginning
date in the margin and home market
calculation programs to capture U.S.
sales that were entered during, but sold
prior to, the POR.8
For a complete discussion of the
ministerial error allegation, as well as
Commerce’s analysis, see the
accompanying Ministerial Error
Memorandum.9 The Ministerial Error
Memorandum is on file electronically
via ACCESS. ACCESS is available to
registered users at https://
access.trade.gov. As a result, the
weighted-average dumping margin for
Borusan changes from 15.56 percent to
12.80 percent. Furthermore, the rate for
the companies not selected for
individual examination, which is based
on the margin calculated for Borusan,
also changes from 15.56 percent to 12.80
percent.10
Amended Final Results of Review
Commerce determines that the
following amended weighted-average
dumping margins exist for the period
May 1, 2020, through April 30, 2021:
Weightedaverage
dumping
margin
(percent)
Exporter/producer
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan Istikbal Ticaret T.A.S .........................................................................
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 ......................................................................................................................................................
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Disclosure
We will disclose the calculation
memorandum used in our analysis to
parties to this segment of the proceeding
within five days of the date of the
publication of these amended final
results pursuant to 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with these
amended final results of the
administrative review.
In accordance with 19 CFR
351.212(b)(1), we calculated importerspecific 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. Where an importer-specific
antidumping duties assessment rate is
zero or de minimis within the meaning
of 19 CFR 351.106(c)(1), Commerce will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties. Commerce’s ‘‘automatic
assessment’’ will apply to entries of
subject merchandise during the POR
produced by companies included in
these final results of review for which
the reviewed companies did not know
7 See
Ministerial Error Memorandum.
8 Id.
9 Id.
10 The rate applied to the non-selected companies
is based on Borusan’s dumping margin for the
period May 1, 2020, through April 30, 2021, as no
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18:16 Jan 13, 2023
Jkt 259001
12.80
12.80
12.80
12.80
12.80
12.80
that the merchandise they sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, 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.11
For the companies which were not
selected for individual examination, we
will instruct CBP to assess antidumping
duties at an ad valorem assessment rate
equal to the weighted-average dumping
margins determined in these amended
final results.
The amended final results of this
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
amended final results of this review and
for future deposits of estimated duties,
where applicable.12 Consistent with its
recent notice,13 Commerce intends to
issue appropriate assessment
instructions directly to CBP no earlier
than 35 days after the date of
publication of the amended final results
of this review in the Federal Register.
If a timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective
retroactively for all shipments of subject
merchandise that entered, or were
withdrawn from warehouse, for
consumption on or after December 9,
2022, the date of publication of the
Final Results of this administrative
review, as provided by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for respondents noted above
will be equal to the weighted-average
dumping margins established in the
amended final results of this
administrative review; (2) for
merchandise exported by producers or
exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original investigation, but
the producer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be 14.74
percent, the all-others rate established
in the less-than-fair-value
investigation.14 These cash deposit
other company was selected for review. See Final
Results, 87 FR at 75597.
11 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
12 See section 751(a)(2)(C) of the Act.
13 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
14 See Large Power Transformers from the
Republic of Korea: Antidumping Duty Order, 77 FR
53177 (August 31, 2012).
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Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Notices
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping and/or
countervailing duties prior to
liquidation of the relevant entries
during the period of review. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties did occur and the
subsequent assessment of doubled
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction 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 return/destruction of
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(h) and 777(i)(1) of the Act and 19
CFR 351.224(e).
CONSUMER PRODUCT SAFETY
COMMISSION
Sunshine Act Meetings
Wednesday, January 18,
2023—09:30 a.m.; and Wednesday,
January 18, 2023—11:00 a.m. (See
MATTERS TO BE CONSIDERED for each
meeting).
PLACE: These meetings will be held
remotely.
STATUS: Commission Meetings—Open to
the Public.
MATTERS TO BE CONSIDERED:
Briefing Matters:
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Jkt 259001
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
Department of the Air Force
Notice of Intent To Prepare an
Environmental Impact Statement for T–
7A Recapitalization at Laughlin Air
Force Base, Texas
The Department of the Air
Force (DAF) is issuing this Notice of
Intent (NOI) to prepare an
Environmental Impact Statement (EIS)
to assess the potential social, economic,
and environmental impacts associated
with T–7A Recapitalization at Laughlin
Air Force Base (AFB), Texas. The EIS
will analyze the potential impacts from
introduction of T–7A aircraft and flight
operations at Laughlin AFB and
associated airspace; introduction of
nighttime (between 10 p.m. and 7 a.m.)
flight operations; changes to the number
of personnel and dependents in the
Laughlin AFB region; and construction
and upgrade of operations, support, and
maintenance facilities.
DATES: A public scoping period of 30
days will take place starting from the
date of publication of this NOI in the
Federal Register. Comments will be
accepted at any time during the
environmental impact analysis process;
SUMMARY:
BILLING CODE 3510–DS–P
18:16 Jan 13, 2023
[FR Doc. 2023–00802 Filed 1–12–23; 11:15 am]
Department of the Air Force,
Department of Defense.
ACTION: Notice of Intent.
[FR Doc. 2023–00672 Filed 1–13–23; 8:45 am]
VerDate Sep<11>2014
Dated: January 11, 2023.
Alberta E. Mills,
Commission Secretary.
AGENCY:
Dated: January 10, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
TIME AND DATE:
NPR: Safety Standard and Notification
Requirements for Button Cell or Coin
Batteries. All attendees should preregister for the Commission meeting
using the following link: https://
cpsc.webex.com/cpsc/onstage/
g.php?MTID=e38e145c63710607cfd
2304bdca14b25b and
Supplemental NPR to Update 16 CFR
part 1101. All attendees should preregister for the Commission meeting
using the following link: https://
cpsc.webex.com/cpsc/onstage/
g.php?MTID=e164ef1d937c10571fc6
773bcb98df5e3.
After registering you will receive a
confirmation email containing
information about joining the meeting.
CONTACT PERSON FOR MORE INFORMATION:
Alberta E. Mills, Office of the Secretary,
U.S. Consumer Product Safety
Commission, 4330 East-West Highway,
Bethesda, MD 20814, 301–504–7479
(Office) or 240–863–8938 (Cell).
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however, to ensure DAF has sufficient
time to consider public scoping
comments during preparation of the
Draft EIS, please submit comments
within the 30-day scoping period. The
Draft EIS is anticipated in late 2023. The
Final EIS and a decision on which
alternative to implement is expected in
early 2024.
DAF invites the public, stakeholders,
and other interested parties to attend a
remote public scoping meeting from
5:30 p.m. to 8 p.m. on 8 February 2023.
A link to the remote public scoping
meeting and telephone call-in number
will be provided on the project website
(https://laughlin.t7anepadocuments.com/) at least 15 days
before the meeting. Participants of the
remote public scoping meeting will be
instructed on how they may provide
comments.
ADDRESSES: For EIS inquiries or requests
for printed or digital copies of scoping
materials please contact Mr. Nolan
Swick by phone: (210) 925–3392. The
project website (https://laughlin.t7anepadocuments.com/) provides
additional information on the EIS and
can be used to submit scoping
comments. Scoping comments may also
be submitted via email to nolan.swick@
us.af.mil or via postal mail to Mr. Nolan
Swick, AFCEC/CZN; Attn: Laughlin
AFB T–7A Recapitalization EIS;
Headquarters AETC Public Affairs; 100
H East Street, Suite 4; Randolph AFB,
TX 78150. Please submit inquiries or
requests for printed or digital copies of
the scoping materials via the email or
postal address above. For printed
material requests, the standard U.S.
Postal Service shipping timeline will
apply. Please consider the environment
before requesting printed material.
SUPPLEMENTARY INFORMATION: DAF
intends to prepare an EIS that will
evaluate the potential impacts from its
proposal to recapitalize the T–38C
Talon flight training program at
Laughlin AFB with T–7A Red Hawk
aircraft. The proposal supports the
Secretary of the Air Force’s strategic
basing decisions to recapitalize existing
T–38C pilot training installations, and
Laughlin AFB would be the third
installation to be environmentally
analyzed for possible recapitalization.
The purpose of this proposal is to
continue the T–7A recapitalization
program to prepare pilots to operate
more technologically advanced modern
aircraft. Recapitalization is needed
because the current training practices
with the older T–38C aircraft do not
adequately prepare pilots for the
technological advancements of fourth
and fifth generation aircraft.
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]]>Agencies
[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Pages 2606-2608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00672]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Circular Welded Carbon Steel Standard Pipe and Tube Products From
Turkey: Amended Final Results of Antidumping Duty Administrative
Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending its
final results in the administrative review of the antidumping duty
order on circular welded carbon steel standard pipe and tube products
(pipe and tube products) from Turkey for the period May 1, 2020,
through April 30, 2021, to correct a ministerial error.
DATES: Applicable January 17, 2023.
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 December 9, 2022, Commerce published the final results of the
2020-2021 administrative review of pipe and tube products from
Turkey.\1\ On December 7, 2022, Commerce granted interested parties in
this administrative review the opportunity to provide comments on any
ministerial errors found in the margin calculation for the final
results, in accordance with 19 CFR 351.224(c)(2).\2\ On December On
December 12, 2022, Commerce received a timely filed allegation from
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan Mannesmann) and
Borusan Istikbal Ticaret T.A.S. (Istikbal) (collectively, Borusan), the
respondent in this administrative review, alleging that Commerce made a
ministerial error in the Final Results regarding its calculation of the
final dumping margin.\3\ We received ministerial error rebuttal
comments from Wheatland Tube (Wheatland), a petitioner in this
administrative review.\4\ Based on our analysis of the allegation, we
determine that we made a ministerial error and have made changes to the
calculation of the weighted-average dumping margin for Borusan and for
the non-individually examined respondents.\5\
---------------------------------------------------------------------------
\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; 2020-
2021, 87 FR 75596 (December 9, 2022) (Final Results), and
accompanying Issues and Decision Memorandum.
\2\ See Commerce's Letter, ``2020-2021 Administrative Review of
the Antidumping Duty Order on Welded Carbon Steel Standard Pipe and
Tube Products from Turkey: Final Results Disclosure for Borusan,''
dated December 12, 2022.
\3\ See Borusan's Letter, ``Circular Welded Carbon Steel Pipes
and Tubes from Turkey, Case No. A-489-501: BMB Ministerial Error
Allegation,'' dated December 12, 2022 (Ministerial Allegation).
\4\ See Wheatland's Letter, ``Circular Welded Carbon Steel
Standard Pipe and Tube Products from Turkey: Ministerial Error
Rebuttal Comments,'' dated December 19, 2022.
\5\ See Memorandum, ``Amended Final Results of the 2020-2021
Antidumping Duty Administrative Review on Circular Welded Carbon
Steel Standard Pipe and Tube Products from Turkey: Allegation of
Ministerial Error,'' dated concurrently with, and hereby adopted by,
this notice (Ministerial Error Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are welded carbon steel standard
pipe and tube products with an outside diameter of 0.375 inches or more
but not over 16 inches of any wall thickness, and are currently
classified under the following Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 7306.30.10.00, 7306.30.50.25,
7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and
7306.30.50.90. Although the HTSUS subheading is provided for
convenience and customs purposes, the written description of the order
is dispositive. These products, commonly referred to in the industry as
standard pipe or tube, are produced to various ASTM specifications,
most notably A-120, A-53, or A-135.
Ministerial Error
Section 751(h) of the Tariff Act of 1930, as amended (the Act), and
19 CFR 351.224(f) define a ``ministerial error'' as an error ``in
addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.''
Borusan argues that Commerce incorrectly set the beginning date for
the margin and home market calculation programs to the months of the
period of review (POR), thereby, omitting certain reported U.S. sales
that Borusan sold prior to the POR but entered the United States during
the POR.\6\ We agree with Borusan that Commerce made an unintentional
error within the meaning of section 751(h) of the Act and 19 CFR
351.224(f) and, therefore, we have corrected the error by amending the
[[Page 2607]]
Final Results pursuant to section 751(h) of the Act and 19 CFR
351.224(e).\7\ Specifically, we corrected the beginning date in the
margin and home market calculation programs to capture U.S. sales that
were entered during, but sold prior to, the POR.\8\
---------------------------------------------------------------------------
\6\ See Ministerial Allegation.
\7\ See Ministerial Error Memorandum.
\8\ Id.
---------------------------------------------------------------------------
For a complete discussion of the ministerial error allegation, as
well as Commerce's analysis, see the accompanying Ministerial Error
Memorandum.\9\ The Ministerial Error Memorandum is on file
electronically via ACCESS. ACCESS is available to registered users at
https://access.trade.gov. As a result, the weighted-average dumping
margin for Borusan changes from 15.56 percent to 12.80 percent.
Furthermore, the rate for the companies not selected for individual
examination, which is based on the margin calculated for Borusan, also
changes from 15.56 percent to 12.80 percent.\10\
---------------------------------------------------------------------------
\9\ Id.
\10\ The rate applied to the non-selected companies is based on
Borusan's dumping margin for the period May 1, 2020, through April
30, 2021, as no other company was selected for review. See Final
Results, 87 FR at 75597.
---------------------------------------------------------------------------
Amended Final Results of Review
Commerce determines that the following amended weighted-average
dumping margins exist for the period May 1, 2020, through April 30,
2021:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan 12.80
Istikbal Ticaret T.A.S.................................
Rate Applicable to the Following Non-Selected Companies:
Borusan Holding..................................... 12.80
Borusan Mannesmann Yatirim Holding.................. 12.80
Kale Baglanti Teknolojileri San. ve Tic. A.S........ 12.80
Kale Baglann Teknolojileri San. Ve Tic. A.S......... 12.80
Noksel Celik Boru Sanayi A.S........................ 12.80
------------------------------------------------------------------------
Disclosure
We will disclose the calculation memorandum used in our analysis to
parties to this segment of the proceeding within five days of the date
of the publication of these amended final results pursuant to 19 CFR
351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with these amended final
results of the administrative review.
In accordance with 19 CFR 351.212(b)(1), 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. Where an importer-specific antidumping
duties assessment rate is zero or de minimis within the meaning of 19
CFR 351.106(c)(1), Commerce will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. Commerce's
``automatic assessment'' will apply to entries of subject merchandise
during the POR produced by companies included in these final results of
review for which the reviewed companies did not know that the
merchandise they sold to the intermediary (e.g., a reseller, trading
company, or exporter) was destined for the United States. In such
instances, 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.\11\
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\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For the companies which were not selected for individual
examination, we will instruct CBP to assess antidumping duties at an ad
valorem assessment rate equal to the weighted-average dumping margins
determined in these amended final results.
The amended final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the amended final results of this review and for future deposits of
estimated duties, where applicable.\12\ Consistent with its recent
notice,\13\ Commerce intends to issue appropriate assessment
instructions directly to CBP no earlier than 35 days after the date of
publication of the amended final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
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\12\ See section 751(a)(2)(C) of the Act.
\13\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively for all shipments of subject merchandise that entered, or
were withdrawn from warehouse, for consumption on or after December 9,
2022, the date of publication of the Final Results of this
administrative review, as provided by section 751(a)(2)(C) of the Act:
(1) the cash deposit rate for respondents noted above will be equal to
the weighted-average dumping margins established in the amended final
results of this administrative review; (2) for merchandise exported by
producers or exporters not covered in this administrative review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company specific rate published for the most
recently completed segment of this proceeding; (3) if the exporter is
not a firm covered in this review, a prior review, or the original
investigation, but the producer is, the cash deposit rate will be the
rate established for the most recently completed segment of this
proceeding for the producer of the subject merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 14.74 percent, the all-others rate established in the less-than-
fair-value investigation.\14\ These cash deposit
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requirements, when imposed, shall remain in effect until further
notice.
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\14\ See Large Power Transformers from the Republic of Korea:
Antidumping Duty Order, 77 FR 53177 (August 31, 2012).
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Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping and/or countervailing duties prior to
liquidation of the relevant entries during the period of review.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties did occur and the subsequent assessment of doubled antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction 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 return/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(h) and 777(i)(1) of the Act and 19 CFR 351.224(e).
Dated: January 10, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-00672 Filed 1-13-23; 8:45 am]
BILLING CODE 3510-DS-P
