Circular Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Final Results of Antidumping Duty Administrative Review; 2021-2022, 85592-85593 [2023-26937]
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85592
Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Notices
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 doubled antidumping duties.
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under the 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 terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.221(b)(5).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy 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: Kohan Shoji Co., Ltd.’s (Kohan
Shoji) Billing Adjustments
Comment 2: Incorrect Date of Sale
Comment 3: Incorrect Comparison Market
Database
VI. Recommendation
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
khammond on DSKJM1Z7X2PROD with NOTICES
[A–489–501]
Circular Welded Carbon Steel Standard
Pipe and Tube Products From Turkey:
Final Results of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
VerDate Sep<11>2014
16:50 Dec 07, 2023
Jkt 262001
Background
On June 7, 2023, Commerce published
the Preliminary Results and invited
interested parties to comment.1 These
final results cover one producer and
exporter of subject merchandise for
which an administrative review was
initiated and not rescinded. The sole
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 On July 7, 2023, Borusan
submitted a case brief.3 On July 14,
2023, Wheatland Tube Company
(Wheatland), a domestic producer and
interested party, submitted a rebuttal
brief.4 On September 6, 2023,
Commerce extended the deadline for the
final results by 57 days to December 1,
2023.5 Commerce conducted this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act).
On October 12, 2022, Nucor Tubular
Products Inc. (Nucor), a petitioner in
this proceeding, withdrew its request for
an administrative review with respect to
every company except Borusan.6 With
respect to Istikbal, one of the companies
which claimed no shipments during the
POR, we continue 7 to find it to be part
of the single entity, Borusan, and we
find no record evidence that warrants
altering this treatment. Further, no party
presented comments addressing this
issue in their case briefs. Therefore,
because we find that Borusan had
shipments during this POR, we have not
made a determination of no shipments
with respect to Istikbal and the
withdrawal of request for review is
moot.
Scope of the Order 8
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.9
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 provided 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.10
Final Results of Administrative Review
1 See
[FR Doc. 2023–26936 Filed 12–7–23; 8:45 am]
AGENCY:
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, 2021, through April 30,
2022.
DATES: Applicable December 8, 2023.
FOR FURTHER INFORMATION CONTACT: Paul
Kebker, 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) 482–2254.
SUPPLEMENTARY INFORMATION:
Circular Welded Carbon Steel Standard Pipe
and Tube Products From Turkey: Preliminary
Results and Partial Rescission of Antidumping Duty
Administrative Review; 2021–2022, 88 FR 37204
(June 7, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Administrative Review of
the Antidumping Duty Order on Welded Carbon
Steel Standard Pipe and Tube Products from
Turkey: Respondent Selection,’’ dated August 30,
2022.
3 See Borusan’s Letter, ‘‘BMB’s Case Brief,’’ dated
July 7, 2023 (Borusan’s Case Brief).
4 See Wheatland’s Letter, ‘‘Rebuttal Brief,’’ dated
July 14, 2023 (Wheatland’s Rebuttal Brief).
5 See Memorandum, ‘‘Circular Welded Carbon
Steel Standard Pipe and Tube Products from
Turkey: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2021–
2022,’’ dated September 6, 2023.
6 See Nucor’s Letter, ‘‘Partial Withdrawal of
Request for Administrative Revew,’’ dated October
12, 2022.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
For these final results, we determine
that the following weighted-average
7 In prior segments of this proceeding, we treated
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
and Borusan Istikbal Ticaret T.A.S. as a single
entity. 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, 76674 n.2 (December 10, 2015).
8 See Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products from
Turkey, 51 FR 17784 (May 15, 1986) (Order).
9 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; 2021–2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
10 Id.
E:\FR\FM\08DEN1.SGM
08DEN1
Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Notices
dumping margin exists for the period
May 1, 2021, through April 30, 2022:
Exporter/manufacturer
Borusan Mannesmann Boru
Sanayi ve Ticaret A.S./
Borusan Istikbal Ticaret T.A.S
Weightedaverage
dumping
margin
(percent)
5.27
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).
khammond on DSKJM1Z7X2PROD with NOTICES
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.11
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).
11 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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16:50 Dec 07, 2023
Jkt 262001
85593
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.12 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
requested. Failure to comply with the
regulations and terms of an APO is a
sanctionable violation.
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.
[Docket No.: 230831–0207]
Notification Regarding Administrative
Protective Order (APO)
This notice also serves as a reminder
to parties subject to 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
12 See
PO 00000
Order, 51 FR 17784.
Frm 00016
Fmt 4703
Sfmt 4703
Notification to Interested Parties
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 1, 2023.
Abdelali Elouaradia,
Deputy 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: Whether Commerce Must
Account for Borusan’s Cost Recovery
Pursuant to Statute
Comment 2: Whether Commerce Must
Perform the Export Subsidy Offset in the
Final Results
Comment 3: Whether Commerce’s
Application of its Differential Pricing
Methodology is Contrary to Law
VI. Recommendation
[FR Doc. 2023–26937 Filed 12–7–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Request for Information Regarding the
Draft Interagency Guidance Framework
for Considering the Exercise of MarchIn Rights
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice; Request for Information
(RFI).
AGENCY:
The National Institute of
Standards and Technology (NIST) seeks
comments on the Draft Interagency
Guidance Framework for Considering
the Exercise of March-In Rights, which
reviews the factors that an agency may
consider when deciding whether to
exercise march-in rights. NIST requests
information from the public on the
proposed version of this guidance
document to ensure that it is clear, and
its application will both fulfill the
purpose of march-in rights and uphold
the policy and objectives of the BayhDole Act. The information received in
response to this RFI will inform NIST
and the Interagency Working Group for
Bayh-Dole (IAWGBD) in developing a
SUMMARY:
E:\FR\FM\08DEN1.SGM
08DEN1
]]>Agencies
[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85592-85593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26937]
-----------------------------------------------------------------------
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; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2021, through April 30, 2022.
DATES: Applicable December 8, 2023.
FOR FURTHER INFORMATION CONTACT: Paul Kebker, 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) 482-2254.
SUPPLEMENTARY INFORMATION:
Background
On June 7, 2023, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ These final results cover one
producer and exporter of subject merchandise for which an
administrative review was initiated and not rescinded. The sole
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\ On July 7, 2023,
Borusan submitted a case brief.\3\ On July 14, 2023, Wheatland Tube
Company (Wheatland), a domestic producer and interested party,
submitted a rebuttal brief.\4\ On September 6, 2023, Commerce extended
the deadline for the final results by 57 days to December 1, 2023.\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 and Partial Rescission of
Antidumping Duty Administrative Review; 2021-2022, 88 FR 37204 (June
7, 2023) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Welded Carbon Steel Standard Pipe and Tube Products
from Turkey: Respondent Selection,'' dated August 30, 2022.
\3\ See Borusan's Letter, ``BMB's Case Brief,'' dated July 7,
2023 (Borusan's Case Brief).
\4\ See Wheatland's Letter, ``Rebuttal Brief,'' dated July 14,
2023 (Wheatland's Rebuttal Brief).
\5\ See Memorandum, ``Circular Welded Carbon Steel Standard Pipe
and Tube Products from Turkey: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review; 2021-2022,''
dated September 6, 2023.
---------------------------------------------------------------------------
On October 12, 2022, Nucor Tubular Products Inc. (Nucor), a
petitioner in this proceeding, withdrew its request for an
administrative review with respect to every company except Borusan.\6\
With respect to Istikbal, one of the companies which claimed no
shipments during the POR, we continue \7\ to find it to be part of the
single entity, Borusan, and we find no record evidence that warrants
altering this treatment. Further, no party presented comments
addressing this issue in their case briefs. Therefore, because we find
that Borusan had shipments during this POR, we have not made a
determination of no shipments with respect to Istikbal and the
withdrawal of request for review is moot.
---------------------------------------------------------------------------
\6\ See Nucor's Letter, ``Partial Withdrawal of Request for
Administrative Revew,'' dated October 12, 2022.
\7\ In prior segments of this proceeding, we treated Borusan
Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret
T.A.S. as a single entity. 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, 76674 n.2 (December 10, 2015).
---------------------------------------------------------------------------
Scope of the Order 8
---------------------------------------------------------------------------
\8\ 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.\9\
---------------------------------------------------------------------------
\9\ 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; 2021-2022,'' 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
provided 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.\10\
---------------------------------------------------------------------------
\10\ Id.
---------------------------------------------------------------------------
Final Results of Administrative Review
For these final results, we determine that the following weighted-
average
[[Page 85593]]
dumping margin exists for the period May 1, 2021, through April 30,
2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan 5.27
Istikbal Ticaret T.A.S....................................
------------------------------------------------------------------------
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.\11\
---------------------------------------------------------------------------
\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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.\12\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\12\ See Order, 51 FR 17784.
---------------------------------------------------------------------------
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 Regarding Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to 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.
Notification to Interested Parties
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 1, 2023.
Abdelali Elouaradia,
Deputy 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: Whether Commerce Must Account for Borusan's Cost
Recovery Pursuant to Statute
Comment 2: Whether Commerce Must Perform the Export Subsidy
Offset in the Final Results
Comment 3: Whether Commerce's Application of its Differential
Pricing Methodology is Contrary to Law
VI. Recommendation
[FR Doc. 2023-26937 Filed 12-7-23; 8:45 am]
BILLING CODE 3510-DS-P
