Circular Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2021-2022, 37204-37206 [2023-12115]
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Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Notices
organization, or the United States,
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authority, public authority, or
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remain on the EU–U.S. DPF List of
Arbitrators for a period of 3 years,
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removal for cause, renewable by the
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who has invoked binding arbitration,
will select arbitrators for the arbitration
panel from the list of arbitrators
developed under the EU–U.S. DPF, as
supplemented by the list of arbitrators
developed under the Swiss-U.S. DPF
(Swiss-U.S. DPF Supplemental List of
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absent exceptional circumstances or
removal for cause, renewable by the
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additional 3-year terms.
Individuals interested in being
considered for inclusion on the EU–U.S.
DPF List of Arbitrators or the Swiss-U.S.
DPF Supplemental List of Arbitrators
would submit their applications to the
DOC online via email at dpf.program@
trade.gov.
The DOC has agreed with the
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of arbitration rules that govern
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conduct for arbitrators under the EU–
U.S. DPF (and similarly agreed with the
UK Government as relates to arbitration
proceedings under the UK Extension to
the EU–U.S. DPF), and the Swiss
Federal Administration to the adoption
of arbitration rules that govern
arbitration proceedings and a code of
conduct for arbitrators under the SwissU.S. DPF. In the event that the rules
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governing the proceedings and/or the
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Administration will agree to amend
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conduct for arbitrators (as applicable).
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International Centre for Dispute
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division of the American Arbitration
Association (AAA) (collectively ICDR–
AAA) to administer arbitrations
pursuant to and manage the arbitral
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Affected Public: Private individuals.
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the number of arbitrators required to
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Follow the instructions to view the
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Written comments and
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particular information collection by
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Review—Open for Public Comments’’ or
by using the search function and
entering the title of the collection.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2023–12192 Filed 6–6–23; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–501]
Circular Welded Carbon Steel Standard
Pipe and Tube Products From Turkey:
Preliminary Results and Partial
Rescission of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that the sole mandatory
respondent in this administrative
review, Borusan Mannesmann Boru
Sanayi ve Ticaret A.S. (Borusan
Mannesmann) and Borusan Istikbal
Ticaret T.A.S. (Istikbal) (collectively,
Borusan), a producer and exporter
subject to this administrative review,
made sales of subject merchandise at
less than normal value during the
period of review (POR) May 1, 2021,
through April 30, 2022. Additionally,
based on timely withdrawal of requests
for review, we are rescinding this
administrative review with respect to all
other companies for which we initiated
an administrative review. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable June 7, 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:
Background
On July 14, 2022, based on timely
requests for a review, in accordance
with 19 CFR 351.221(c)(1)(i), we
initiated this administrative review of
the antidumping duty order 1 on circular
welded carbon steel standard pipe and
tube products from Turkey, covering 19
companies.2 On August 30, 2022,
Commerce selected Borusan as the
mandatory respondent for individual
examination.3 On October 12, 2022,
Nucor Tubular Products Inc. (Nucor), a
petitioner in this proceeding, withdrew
its request for an administrative review
1 Antidumping Duty Order; Welded Carbon Steel
Standard Pipe and Tube Products from Turkey, 51
FR 17784 (May 15, 1986) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
42144 (July 14, 2022) (Initiation Notice).
3 See Memorandum, ‘‘Respondent Selection,’’
dated August 30, 2022.
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with respect to every company except
Borusan.4
On January 13, 2023, Commerce
extended the preliminary results of this
review by 120 days, until May 31,
2023.5 For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review. Nucor
timely withdrew its requests for an
administrative review with respect to
each company listed in the Initiation
Notice, other than Borusan.7 No other
party requested a review of these
companies. Accordingly, we are
rescinding this review, in part, with
respect to these companies, pursuant to
19 CFR 351.213(d)(1). The producers
and/or exporters for which we are
rescinding the administrative review are
listed in Appendix II of this notice.
Scope of the Order 8
The merchandise covered by the
Order is circular welded carbon steel
standard pipe and tube products. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.9
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Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Export price and constructed export
price are calculated in accordance with
section 772 of the Act. Normal value is
calculated in accordance with section
773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.10 A list of
4 See Nucor’s Letter, ‘‘Partial Withdrawal of
Request for Administrative Review,’’ dated October
12, 2022 (Nucor’s Withdrawal of Review Request).
5 See Memorandum, ‘‘Extension of Deadline for
the Preliminary Results of the 2021–2022
Antidumping Duty Administrative Review,’’ dated
January 13, 2023
6 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Circular Welded Carbon
Steel Standard Pipe and Tube Products from
Turkey; 2021–2022’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
7 See Nucor’s Withdrawal of Review Request.
8 Antidumping Duty Order; Welded Carbon Steel
Standard Pipe and Tube Products from Turkey, 51
FR 17784 (May 15, 1986) (Order).
9 See Preliminary Decision Memorandum.
10 Id.
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topics discussed in the Preliminary
Decision Memorandum is included at
Appendix I to this notice. The
Preliminary 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 Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
No Shipment Claims
Between June 12 and August 15, 2022,
11 companies timely submitted letters
to Commerce certifying that they had no
sales, shipments, or entries of the
subject merchandise to the United
States during the POR.11 However, as
indicated above, because Commerce is
rescinding this review for each company
listed in the Initiation Notice, except
Borusan, Commerce has not made a
determination of no shipments for these
companies.
With respect to Istikbal, one of the
companies which certified no
shipments during the POR, we continue
to find it to be part of the Borusan single
entity and we find no record evidence
that warrants altering this treatment.12
Therefore, because we find that Borusan
had shipments during this POR, we
have not made a preliminary
determination of no shipments with
respect to Istikbal.
Preliminary Results of Review
We preliminarily determine that the
following weighted-average dumping
margin exists for the period May 1,
2021, through April 30, 2022:
11 See Borusan’s Letter, ‘‘No Shipments Letter,’’
dated August 15, 2022, in which the following
companies certified that they had no entries,
exports, or sales of subject merchandise into the
United States during the POR: Istikbal, Borusan
Birlesik Boru Fabrikalari San ve Tic., Borusan
Gemlik Boru Tesisleri A.S., Borusan Ihracat Ithalat
ve Dagitim A.S., Tubeco Pipe and Steel
Corporation, and Borusan Ithicat ve Dagitim A.S.
See also Noksel C
¸ elik Boru Sanayi A.S
¸ . (Nokse),
Letter, ‘‘Anti-Dumping Administrative Review (5/1/
21–4/30/22),’’ dated July 22, 2022, in which Noksel
certified that it had no entries, export or sales of
subject merchandise during the POR; and Boru
Sanayi ve Ticaret A.S
¸ ’s (Yu¨cel) Letter, ‘‘Yu¨cel no
shipments letter,’’ dated June 12, 2022, in which it
certified that Yu¨cel, Boru Sanayi ve Ticaret A.S
¸ .,
Yu¨cel Boru ve Profil Endu¨strisi A.S
¸ ., and their
affiliated trading company, Yu¨celboru Ihracat
Ithalat ve Pazarlama A.S
¸ . (collectively, ‘‘Yu¨cel’’)
had no entries, export or sales of subject
merchandise during the POR:.
12 See, e.g., Welded Carbon Steel Standard Pipe
and Tube Products from Turkey: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2013–2014,
80 FR 76674 (December 10, 2015).
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Exporter/producer
Borusan Mannesmann Boru Sanayi ve
Ticaret A.S./Borusan Istikbal Ticaret
T.A.S ..................................................
37205
Weightedaverage
dumping
margin
(percent)
5.44
Assessment Rates
Upon issuance of the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.13 The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review and
for future deposits of estimated duties,
where applicable.14
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).
Pursuant to 19 CFR 351.212(b)(1),
where an examined respondent’s
weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5
percent) in the final results of this
review, we will calculate an importerspecific ad valorem duty assessment
rate based on the ratio of the total
amount of dumping calculated for the
U.S. sales for a given importer to the
total entered value of those sales. Where
a mandatory respondent did not report
entered value, we calculate the entered
value in order to calculate the
assessment rate. Where either the
respondent’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an
importer-specific assessment rate is zero
or de minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For entries of subject merchandise
during the POR produced by Borusan
for which it did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate such unreviewed entries
pursuant to the reseller policy,15 i.e., the
assessment rate for such entries will be
equal to the all-others rate established in
the investigation (i.e., 14.74 percent ad
13 See
19 CFR 351.212(b)(1).
section 751(a)(2)(C) of the Act.
15 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR23954 (May 6, 2003).
14 See
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Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Notices
valorem),16 if there is no rate for the
intermediate company(ies) involved in
the transaction.
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Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date 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 Borusan, which is
listed above, will be equal to this
company’s weighted-average dumping
margin established in the final results of
this review, (except if the ad valorem
rate is de minimis within the meaning
of 19 CFR 351.106(C)(1), in which case
the cash deposit rate will be zero); (2)
for previously investigated companies
not participating in this review, the cash
deposit will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, or the
underlying investigation, but the
producer is, then the cash deposit rate
will be the rate established for the most
recently completed segment for the
producer of the 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 underlying
investigation.17
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Interested parties may submit case
briefs no later than 30 days after the
date of publication of this notice.18
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than seven days after the time limit for
filing case briefs.19 Parties who submit
case briefs 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.20 Executive summaries
should be limited to five pages total,
including footnotes.21 Case and rebuttal
briefs should be filed using ACCESS
and must be served on interested
parties.22 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.23
Pursuant to 19 CFR 351.310(c), any
interested party who wishes to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance within 30
days of publication of this notice.
Hearing requests should contain: (1) the
party’s name, address, and telephone
number; (2) the number of participants;
and (3) a list of the issues to be
discussed. Issues raised in the hearing
will be limited to issues raised in the
case and rebuttal briefs. If a request for
a hearing is made, Commerce intends to
hold the hearing at a time and date to
be determined.24 Parties should confirm
by telephone the date, time, and
location of the hearing two days before
the scheduled date.
All submissions to Commerce must be
filed electronically using ACCESS 25
and must also be served on interested
parties.26 An electronically filed
document must be received successfully
in its entirety by ACCESS, by 5 p.m.
Eastern Time (ET) on the date that the
document is due.
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Order, 51 FR at 17784.
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) 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.
21 Id.
17 Id.
18 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 (for general filing requirements).
19 See 19 CFR 351.309(d)(1).
20 See 19 CFR 351.309(c)(2) and (d)(2).
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17:01 Jun 06, 2023
19 CFR 351.303.
Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
24 See 19 CFR 351.310(c).
25 See 19 CFR 351.303.
26 See 19 CFR 351.303(f).
23 See
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Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Recission of Administrative
Review
V. No Shipment Claims
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
Appendix II—List of Companies for
Which the Administrative Review Has
Been Rescinded
1. Borusan Birlesik Boru Fabrikalari San ve
Tic.
2. Borusan Gemlik Boru Tesisleri A.S.
3. Borusan Holding
4. Borusan Ihracat Ithalat ve Dagitim A.S.
5. Borusan Ithicat ve Dagitim A.S.
6. Borusan Mannesmann Yatirim Holding
7. Cayirova Boru Sanayi ve Ticaret A.S.
8. C
¸ inar Boru Profil San. Ve Tic. As¸.
9. Erbosan Erciyas Boru Sanayi ve Ticaret
A.S.
10. Kale Bag˘lanti Teknolojileri San. ve Tic.
A.S
¸.
11. Noksel C
¸ elik Boru Sanayi A.S
¸
12. Toscelik Metal Ticaret A.S
¸.
13. Tosc¸elik Profil Ve Sac Endu¨strisi A.S
¸.
14. Tosyali Dis Ticaret A.S.
15. Tubeco Pipe and Steel Corporation
16. Yucel Boru ve Profil Endustrisi A.S.
17. Yucelboru Ihracat Ithalat ve Pazarlama
A.S.
[FR Doc. 2023–12115 Filed 6–6–23; 8:45 am]
BILLING CODE 3510–DS–P
Notification to Importers
22 See
16 See
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–863]
Honey From the People’s Republic of
China: Final Results of the Expedited
Fourth Sunset Review of the
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited
sunset review, the U.S. Department of
Commerce (Commerce) finds that
revocation of the antidumping duty
(AD) order on honey from the People’s
Republic of China (China) would be
likely to lead to continuation or
recurrence of dumping at the levels
AGENCY:
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07JNN1
Agencies
[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Notices]
[Pages 37204-37206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12115]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Circular Welded Carbon Steel Standard Pipe and Tube Products From
Turkey: Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the sole mandatory respondent in this administrative
review, Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan
Mannesmann) and Borusan Istikbal Ticaret T.A.S. (Istikbal)
(collectively, Borusan), a producer and exporter subject to this
administrative review, made sales of subject merchandise at less than
normal value during the period of review (POR) May 1, 2021, through
April 30, 2022. Additionally, based on timely withdrawal of requests
for review, we are rescinding this administrative review with respect
to all other companies for which we initiated an administrative review.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable June 7, 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 July 14, 2022, based on timely requests for a review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated this
administrative review of the antidumping duty order \1\ on circular
welded carbon steel standard pipe and tube products from Turkey,
covering 19 companies.\2\ On August 30, 2022, Commerce selected Borusan
as the mandatory respondent for individual examination.\3\ On October
12, 2022, Nucor Tubular Products Inc. (Nucor), a petitioner in this
proceeding, withdrew its request for an administrative review
[[Page 37205]]
with respect to every company except Borusan.\4\
---------------------------------------------------------------------------
\1\ Antidumping Duty Order; Welded Carbon Steel Standard Pipe
and Tube Products from Turkey, 51 FR 17784 (May 15, 1986) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022) (Initiation
Notice).
\3\ See Memorandum, ``Respondent Selection,'' dated August 30,
2022.
\4\ See Nucor's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated October 12, 2022 (Nucor's Withdrawal
of Review Request).
---------------------------------------------------------------------------
On January 13, 2023, Commerce extended the preliminary results of
this review by 120 days, until May 31, 2023.\5\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of the 2021-2022 Antidumping Duty Administrative Review,''
dated January 13, 2023
\6\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Circular Welded
Carbon Steel Standard Pipe and Tube Products from Turkey; 2021-
2022'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. Nucor
timely withdrew its requests for an administrative review with respect
to each company listed in the Initiation Notice, other than Borusan.\7\
No other party requested a review of these companies. Accordingly, we
are rescinding this review, in part, with respect to these companies,
pursuant to 19 CFR 351.213(d)(1). The producers and/or exporters for
which we are rescinding the administrative review are listed in
Appendix II of this notice.
---------------------------------------------------------------------------
\7\ See Nucor's Withdrawal of Review Request.
---------------------------------------------------------------------------
Scope of the Order 8
---------------------------------------------------------------------------
\8\ Antidumping Duty Order; Welded Carbon Steel Standard Pipe
and Tube Products from Turkey, 51 FR 17784 (May 15, 1986) (Order).
---------------------------------------------------------------------------
The merchandise covered by the Order is circular welded carbon
steel standard pipe and tube products. For a complete description of
the scope of the Order, see the Preliminary Decision Memorandum.\9\
---------------------------------------------------------------------------
\9\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price
and constructed export price are calculated in accordance with section
772 of the Act. Normal value is calculated in accordance with section
773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.\10\ A list of
topics discussed in the Preliminary Decision Memorandum is included at
Appendix I to this notice. The Preliminary 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
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\10\ Id.
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No Shipment Claims
Between June 12 and August 15, 2022, 11 companies timely submitted
letters to Commerce certifying that they had no sales, shipments, or
entries of the subject merchandise to the United States during the
POR.\11\ However, as indicated above, because Commerce is rescinding
this review for each company listed in the Initiation Notice, except
Borusan, Commerce has not made a determination of no shipments for
these companies.
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\11\ See Borusan's Letter, ``No Shipments Letter,'' dated August
15, 2022, in which the following companies certified that they had
no entries, exports, or sales of subject merchandise into the United
States during the POR: Istikbal, Borusan Birlesik Boru Fabrikalari
San ve Tic., Borusan Gemlik Boru Tesisleri A.S., Borusan Ihracat
Ithalat ve Dagitim A.S., Tubeco Pipe and Steel Corporation, and
Borusan Ithicat ve Dagitim A.S. See also Noksel [Ccedil]elik Boru
Sanayi A.[Scedil]. (Nokse), Letter, ``Anti-Dumping Administrative
Review (5/1/21-4/30/22),'' dated July 22, 2022, in which Noksel
certified that it had no entries, export or sales of subject
merchandise during the POR; and Boru Sanayi ve Ticaret A.[Scedil]'s
(Y[uuml]cel) Letter, ``Y[uuml]cel no shipments letter,'' dated June
12, 2022, in which it certified that Y[uuml]cel, Boru Sanayi ve
Ticaret A.[Scedil]., Y[uuml]cel Boru ve Profil End[uuml]strisi
A.[Scedil]., and their affiliated trading company, Y[uuml]celboru
Ihracat Ithalat ve Pazarlama A.[Scedil]. (collectively,
``Y[uuml]cel'') had no entries, export or sales of subject
merchandise during the POR:.
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With respect to Istikbal, one of the companies which certified no
shipments during the POR, we continue to find it to be part of the
Borusan single entity and we find no record evidence that warrants
altering this treatment.\12\ Therefore, because we find that Borusan
had shipments during this POR, we have not made a preliminary
determination of no shipments with respect to Istikbal.
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\12\ See, e.g., Welded Carbon Steel Standard Pipe and Tube
Products from Turkey: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2013-
2014, 80 FR 76674 (December 10, 2015).
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Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period May 1, 2021, through April 30,
2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan 5.44
Istikbal Ticaret T.A.S....................................
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Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review.\13\ The final results of this review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by this review and for future deposits of estimated duties,
where applicable.\14\
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\13\ See 19 CFR 351.212(b)(1).
\14\ See section 751(a)(2)(C) of the Act.
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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).
Pursuant to 19 CFR 351.212(b)(1), where an examined respondent's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.5 percent) in the final results of this review, we will
calculate an importer-specific ad valorem duty assessment rate based on
the ratio of the total amount of dumping calculated for the U.S. sales
for a given importer to the total entered value of those sales. Where a
mandatory respondent did not report entered value, we calculate the
entered value in order to calculate the assessment rate. Where either
the respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by
Borusan for which it did not know that its merchandise was destined for
the United States, we will instruct CBP to liquidate such unreviewed
entries pursuant to the reseller policy,\15\ i.e., the assessment rate
for such entries will be equal to the all-others rate established in
the investigation (i.e., 14.74 percent ad
[[Page 37206]]
valorem),\16\ if there is no rate for the intermediate company(ies)
involved in the transaction.
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\15\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR23954 (May 6, 2003).
\16\ See Order, 51 FR at 17784.
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Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date 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 Borusan, which
is listed above, will be equal to this company's weighted-average
dumping margin established in the final results of this review, (except
if the ad valorem rate is de minimis within the meaning of 19 CFR
351.106(C)(1), in which case the cash deposit rate will be zero); (2)
for previously investigated companies not participating in this review,
the cash deposit will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this review, or the underlying investigation, but the
producer is, then the cash deposit rate will be the rate established
for the most recently completed segment for the producer of the
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 underlying investigation.\17\
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\17\ Id.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice in accordance
with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\18\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than seven days after the time limit for filing case briefs.\19\
Parties who submit case briefs 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.\20\ Executive summaries should be limited to five pages
total, including footnotes.\21\ Case and rebuttal briefs should be
filed using ACCESS and must be served on interested parties.\22\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\23\
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\18\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\19\ See 19 CFR 351.309(d)(1).
\20\ See 19 CFR 351.309(c)(2) and (d)(2).
\21\ Id.
\22\ See 19 CFR 351.303.
\23\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), any interested party who wishes to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of publication
of this notice. Hearing requests should contain: (1) the party's name,
address, and telephone number; (2) the number of participants; and (3)
a list of the issues to be discussed. Issues raised in the hearing will
be limited to issues raised in the case and rebuttal briefs. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined.\24\ Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\24\ See 19 CFR 351.310(c).
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All submissions to Commerce must be filed electronically using
ACCESS \25\ and must also be served on interested parties.\26\ An
electronically filed document must be received successfully in its
entirety by ACCESS, by 5 p.m. Eastern Time (ET) on the date that the
document is due.
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\25\ See 19 CFR 351.303.
\26\ See 19 CFR 351.303(f).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Recission of Administrative Review
V. No Shipment Claims
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
Appendix II--List of Companies for Which the Administrative Review Has
Been Rescinded
1. Borusan Birlesik Boru Fabrikalari San ve Tic.
2. Borusan Gemlik Boru Tesisleri A.S.
3. Borusan Holding
4. Borusan Ihracat Ithalat ve Dagitim A.S.
5. Borusan Ithicat ve Dagitim A.S.
6. Borusan Mannesmann Yatirim Holding
7. Cayirova Boru Sanayi ve Ticaret A.S.
8. [Ccedil]inar Boru Profil San. Ve Tic. A[scedil].
9. Erbosan Erciyas Boru Sanayi ve Ticaret A.S.
10. Kale Ba[gbreve]lanti Teknolojileri San. ve Tic. A.[Scedil].
11. Noksel [Ccedil]elik Boru Sanayi A.[Scedil]
12. Toscelik Metal Ticaret A.[Scedil].
13. Tos[ccedil]elik Profil Ve Sac End[uuml]strisi A.[Scedil].
14. Tosyali Dis Ticaret A.S.
15. Tubeco Pipe and Steel Corporation
16. Yucel Boru ve Profil Endustrisi A.S.
17. Yucelboru Ihracat Ithalat ve Pazarlama A.S.
[FR Doc. 2023-12115 Filed 6-6-23; 8:45 am]
BILLING CODE 3510-DS-P