Circular Welded Carbon Steel Standard Pipe and Tube Products From the Republic of Türkiye; Welded Line Pipe From the Republic of Türkiye; Certain Oil Tubular Goods From the Republic of Türkiye; and Large Diameter Welded Pipe From the Republic of Türkiye: Preliminary Results of Antidumping Duty Changed Circumstances Review, 73374-73377 [2024-20396]
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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices
Dated: September 3, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers all
forms and sizes of ferrosilicon, regardless of
grade, including ferrosilicon briquettes.
Ferrosilicon is a ferroalloy containing by
weight four percent or more iron, more than
eight percent but not more than 96 percent
silicon, three percent or less phosphorus, 30
percent or less manganese, less than three
percent magnesium, and 10 percent or less of
any other element. The merchandise covered
also includes product described as slag, if the
product meets these specifications.
Subject merchandise includes material
matching the above description that has been
finished, packaged, or otherwise processed in
a third country, including by performing any
grinding or any other finishing, packaging, or
processing that would not otherwise remove
the merchandise from the scope of the
investigation if performed in the country of
manufacture of the ferrosilicon.
Ferrosilicon is currently classifiable under
subheadings 7202.21.1000, 7202.21.5000,
7202.21.7500, 7202.21.9000, 7202.29.0010,
and 7202.29.0050 of the Harmonized Tariff
Schedule of the United States (HTSUS).
While the HTSUS numbers are provided for
convenience and customs purposes, the
written description of the scope remains
dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Injury Test
IV. Preliminary Affirmative Determination of
Critical Circumstances, In Part
V. Subsidies Valuation Information
VI. New Subsidy Allegations
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Analysis of Programs
IX. Recommendation
Borusan Boru requested that, pursuant
to section 751(b)(1) of the Tariff Act of
International Trade Administration
1930, as amended (the Act), 19 CFR
[A–489–501, A–489–822, A–489–816, A–489– 351.216, and 19 CFR 351.221(c)(3),
Commerce conduct expedited changed
833]
circumstances reviews (CCR) to
Circular Welded Carbon Steel Standard determine that Borusan Boru is the
successor-in-interest to BMB and
Pipe and Tube Products From the
accordingly to: (1) assign it the cash
Republic of Türkiye; Welded Line Pipe
deposit rates currently applicable to
From the Republic of Türkiye; Certain
BMB pursuant to THE Standard Pipe
Oil Tubular Goods From the Republic
of Türkiye; and Large Diameter Welded AD Order and Welded Line Pipe AD
Order; and (2) continue to exclude it
Pipe From the Republic of Türkiye:
from OCTG AD Order and LDWP AD
Preliminary Results of Antidumping
Order.2 On February 26, 2024,
Duty Changed Circumstances Review
Commerce published the notice
AGENCY: Enforcement and Compliance,
initiating these CCRs to consider
International Trade Administration,
whether Borusan Boru is the successorDepartment of Commerce.
in-interest to BMB.3
SUMMARY: The U.S. Department of
On April 9, 2024, we issued a
Commerce (Commerce) preliminarily
supplemental questionnaire to Borusan
determines that Borusan Birleşik Boru
Boru, to which we received a timely
Fabrikalari Sanayi ve Ticaret A.S.
response on April 30, 2024.4 In its
(Borusan Boru) is the successor-inresponse, Borusan Boru stated that there
interest to Borusan Mannesmann Boru
were no material changes to either the
Sanayi ve Ticaret A.S. (BMB) in the
supplier or customer base of BMB as a
result of BMB’s conversion to Borusan
context of the antidumping duty orders
Boru.5 We received no comments from
on circular welded carbon steel
other interested parties concerning
standard pipe and tube products
Borusan Boru’s request.
(standard pipe), welded line pipe
(WLP), certain oil tubular goods
Scope of the Orders
(OCTG), and large diameter welded pipe
The merchandise covered by these
(LDWP) from the Republic of Türkiye
orders is standard pipe, WLP, OCTG,
(Türkiye). Interested parties are invited
and LDWP from Türkiye. For a complete
to comment on these preliminary
description of the scope of each of these
results.
orders, see the appendix to this notice.6
DATES: Applicable September 10, 2024.
FOR FURTHER INFORMATION CONTACT: Ajay Preliminary Results
K. Menon, AD/CVD Operations, Office
In these CCRs, pursuant to section
IX, Enforcement and Compliance,
751(b) of the Act, Commerce conducted
International Trade Administration,
a successor-in-interest analysis. In
U.S. Department of Commerce, 1401
making a successor-in-interest
Constitution Avenue NW, Washington,
determination, Commerce examines
DC 20230; telephone: (202) 482–0208.
several factors, including, but not
limited to, changes in the following: (1)
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
Background
On May 15, 1986, March 7, 1986,
December 1, 2015, September 10, 2014,
and May 2, 2019, respectively,
Commerce published in the Federal
Register antidumping duty orders on
standard pipe, WLP, OCTG, and LDWP
from Türkiye.1 On January 9, 2024,
[FR Doc. 2024–20363 Filed 9–9–24; 8:45 am]
1 See Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products from
Turkey, 51 FR 17784 (May 15, 1986) (Standard Pipe
AD Order); Welded Line Pipe from the Republic of
Korea and the Republic of Turkey: Antidumping
Duty Orders, 80 FR 75056 (December 1, 2015)
(Welded Line Pipe AD Order); Certain Oil Country
Tubular Goods from India, the Republic of Korea,
Taiwan, the Republic of Turkey, and the Socialist
Republic of Vietnam: Antidumping Duty Orders;
and Certain Oil Country Tubular Goods from the
Socialist Republic of Vietnam: Amended Final
Determination of Sales at Less Than Fair Value, 79
FR 53691, 53693 (September 10, 2014) (OCTG AD
Order); and Large Diameter Welded Pipe from the
Republic of Turkey: Amended Final Affirmative
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Antidumping Duty Determination and
Antidumping Duty Order, 84 FR 18799 (May 2,
2019) (LDWP AD Order).
2 See Borusan Boru’s Letter, ‘‘Notification of
Company Name Change and Request for Changed
Circumstances Review, If Deemed Necessary: Name
Change of Borusan Mannesmann Boru Sanayi ve
Ticaret A.S. and Borusan Mannesmann Pipe U.S.,’’
dated January 8, 2024 (Borusan Boru’s CCR
Request).
3 See Circular Welded Carbon Steel Standard Pipe
and Tube Products from the Republic of Turkey;
Welded Line Pipe from the Republic of Turkey;
Certain Oil Tubular Goods From the Republic of
Turkey; and Large Diameter Welded Pipe from the
Republic of Turkey: Notice of Initiation of
Antidumping Duty and Countervailing Duty
Changed Circumstances Reviews, 89 FR 14052
(February 26, 2024).
4 See Borusan Boru’s Letter, ‘‘Supplemental
Questionnaire Response,’’ dated April 30, 2024
(Borusan Boru’s SQR).
5 Id.
6 See Standard Pipe AD Order, 51 FR 17784;
Welded Line Pipe AD Order, 80 FR 75056; OCTG
AD Order, 79 FR 53691, and LDWP AD Order, 84
FR 18799.
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management; (2) production facilities;
(3) supplier relationships; and (4)
customer base.7 While no single factor
or combination of factors will
necessarily provide a dispositive
indication of a successor-in-interest
relationship, generally, Commerce will
consider the new company to be the
successor to the previous company if
the new company’s resulting operation
is not materially dissimilar to that of its
predecessor.8 Thus, if the record
evidence demonstrates that, with
respect to the production and sale of the
subject merchandise, the new company
operates as the same business entity as
the predecessor company, Commerce
may assign the new company the cash
deposit rate of its predecessor.9
In accordance with 19 CFR 351.216,
we preliminarily determine that
Borusan Boru is the successor-ininterest to BMB, based on the analysis
of the information BMB provided in its
CCR request and supplemental response
regarding the factors listed above.
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Management
Borusan Boru stated that, in
November 2023, following the
termination of its partnership with
Salzgitter Mannesmann GmbH
(Salzgitter): (1) Borusan Mannesmann
Boru Yatirim Holding A.S. (BMBYH)
changed its name to BMB Holding A.S.
(BMBH); and (2) BMBH also changed
the name of BMB to Borusan Boru.
According to Borusan Boru, BMBH
continued to control the same
percentage of Borusan Boru as it did
before the name change and there were
no other changes to the shareholders of
7 See, e.g., Certain Frozen Warmwater Shrimp
from India: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review,
83 FR 37784 (August 2, 2018) (Shrimp from India
2018 CCR Prelim), unchanged in Certain Frozen
Warmwater Shrimp from India: Notice of Final
Results of Antidumping Duty Changed
Circumstances Review, 83 FR 49909 (October 3,
2018) (Shrimp from India 2018 CCR Final).
8 See, e.g., Shrimp from India 2018 CCR
Preliminary, 83 FR at 37784, unchanged in Shrimp
from India 2018 CCR Final, 83 FR at 49909.
9 See, e.g., Shrimp from India 2018 CCR
Preliminary, 83 FR at 37784, unchanged in Shrimp
from India 2018 CCR Final, 83 FR at 49909; see also
Notice of Final Results of Changed Circumstances
Antidumping Duty Administrative Review:
Polychloroprene Rubber from Japan, 67 FR 58, 59
(January 2, 2002); Ball Bearings and Parts Thereof
from France: Final Results of ChangedCircumstances Review, 75 FR 34688, 34689 (June
18, 2010); Circular Welded Non-Alloy Steel Pipe
from the Republic of Korea; Preliminary Results of
Antidumping Duty Changed Circumstances Review,
63 FR 14679 (March 26, 1998), unchanged in
Circular Welded Non-Alloy Steel Pipe from Korea:
Final Results of Antidumping Duty Changed
Circumstances Review, 63 FR 20572 (April 27,
1998), in which Commerce found that a company
which only changed its name and did not change
its operations is a successor-in-interest to the
company before it changed its name.
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Borusan Boru. Borusan Boru
demonstrated that its management did
not change as a result of the name
change and the only change to its board
of directors was to replace the
Salzgitter-appointed directors.10
Production Facilities
Borusan Boru stated there were no
changes in the company’s production
facilities as a result of the name change.
According to Borusan Boru, it maintains
the same headquarters, manufacturing
facilities, and its production capacity is
unchanged as a result of the name
change.11
Supplier Relationships
Borusan Boru stated that the major
input in its production is hot-rolled coil
(HRC), and it provided a list of its 2023
HRC suppliers as compared to its
suppliers through March 31, 2024,
demonstrating that Borusan Boru’s
suppliers are substantially similar to
BMB’s.12
Customer Base
Borusan Boru stated that there were
no changes to its customer base after the
name change. Borusan Boru provided a
list of its 2023 customers as compared
to its customers through March 31,
2024, demonstrating that Borusan
Boru’s customers are substantially
similar to BMB’s.13
Thus, record evidence, as submitted
by Borusan Boru, indicates that Borusan
Boru operates as essentially the same
business entity as BMB with respect to
the subject merchandise.14 Because
Borusan Boru demonstrated that there
were no material changes in the
ownership and management structure,
production facilities, and supplier and
customer base as a result of BMB
changing its name to Borusan Boru, we
preliminarily find that Borusan Boru is
the successor-in-interest to BMB.
We preliminarily determine that
Borusan Boru is entitled to the same AD
cash deposit rates as its predecessor for
merchandise subject to the Standard
Pipe AD Order and Welded Line Pipe
AD Order. We also preliminarily
determine that Borusan Boru is entitled
to its predecessor’s exclusion from the
OCTG AD Order and LDWP AD Order.15
10 See Borusan Boru’s CCR Request at 5 and
Attachment 6.
11 Id. at 5–6.
12 See Borusan Boru’s SQR at Exhibit 12.
13 Id.
14 Id.; see also Borusan Boru’s CCR Request.
15 BMB was excluded from the OCTG AD Order
and LDWP AD Order. See Certain Oil Country
Tubular Goods From India, the Republic of Korea,
Taiwan, the Republic of Turkey, and the Socialist
Republic of Vietnam: Antidumping Duty Orders;
and Certain Oil Country Tubular Goods from the
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73375
Consequently, if this determination is
unchanged in the final results,
Commerce intends to instruct U.S.
Customs and Border Protection (CBP) to
collect estimated antidumping duties
and suspend liquidation of all
shipments of merchandise subject to the
standard pipe and WLP antidumping
duty orders produced and/or exported
by Borusan Boru and entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results in the Federal
Register at the rate assigned to BMB.16
Further, Commerce will instruct CBP
that Borusan Boru is entitled to its
predecessor’s exclusions from the OCTG
AD Order and LDWP AD Order for
entries of subject merchandise produced
and exported by Borusan Boru. Lastly,
the cash deposit requirements shall
remain in effect until further notice.
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than five days after the date for filing
case briefs.17 Interested parties who
submit case briefs or rebuttal briefs in
this proceeding must submit: (1) a table
of contents listing each issue; and (2) a
table of authorities.18 All comments are
to be filed electronically using
Enforcement and Compliance’s
Antidumping and CVD Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. An
electronically filed document must be
received successfully in its entirety by
Socialist Republic of Vietnam: Amended Final
Determination of Sales at Less Than Fair Value, 79
FR 53691, 53693 (September 10, 2014); Large
Diameter Welded Pipe from the Republic of Turkey:
Notice of Court Decision Not in Harmony With
Amended Final Determination in the Less-ThanFair-Value Investigation; Notice of Amended Final
Determination Pursuant to Court Decision; and
Notice of Revocation of Antidumping Duty Order,
in Part, 85 FR 35262, 35264 (June 9, 2020).
16 The current rate for BMB in the Standard Pipe
AD Order 5.27 percent. See Circular Welded Carbon
Steel Standard Pipe and Tube Products from
Turkey: Final Results of Antidumping Duty
Administrative Review; 2021–2022, 88 FR 85592,
85593 (December 9, 2023). The current rate for BMB
in the Welded Line Pipe AD Order is 0.00. See
Welded Line Pipe from the Republic of Korea and
the Republic of Turkey: Antidumping Duty Orders,
80 FR 75056, 75057 (December 1, 2015).
17 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Final Service Rule).
18 See 19 CFR 351.309(c)(2) and (d)(2).
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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices
ACCESS by 5 p.m. Eastern Time on the
day it is due.19
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.20 Further, we
request that interested parties limit their
public executive summary of each issue
to no more than 450 words, not
including citations. We intend to use
the public executive summaries as the
basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final results in this CCR. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).21
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice. Parties should file their case
and rebuttal briefs on the record of each
of the four AD CCRs related to Borusan
Boru’s successor-in-interest request.
Final Results
Consistent with 19 CFR 351.216(e),
we will issue the final results of this
CCR no later than 270 days after the
date on which the review was initiated,
or within 45 days if all parties agree to
our preliminary finding.
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Notification to Interested Parties
We are issuing this notice in
accordance with sections 751(b)(1) and
19 See
19 CFR 351.303(b).
use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
21 See APO and Final Service Rule, 88 FR at
67069.
20 We
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777(i) of the Act and 19 CFR 351.216(b)
and 351.221(b)(1).
Dated: September 3, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
The Scope of the Order on Circular Welded
Carbon Steel Standard Pipe and Tube
Products From the Republic of Türkiye
The products covered by this order are
welded carbon steel standard pipe and tube
products with an outside diameter of 0.375
inch 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: 7306.30.1000, 7306.30.5025,
7306.30.5032, 7306.30.5040, 7306.30.5055,
7306.30.5085, and 7306.30.5090. Although
the HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
covered by this 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.
The Scope of the AD Order on Welded Line
Pipe From the Republic of Türkiye
The products covered by the order are
circular welded carbon and alloy steel (other
than stainless steel) pipe of a kind used for
oil or gas pipelines (welded line pipe), not
more than 24 inches in nominal outside
diameter, regardless of wall thickness, length,
surface finish, end finish, or stenciling.
Welded line pipe is normally produced to the
American Petroleum Institute (API)
specification 5L, but can be produced to
comparable foreign specifications, to
proprietary grades, or can be non-graded
material. All pipe meeting the physical
description set forth above, including
multiple-stenciled pipe with an API or
comparable foreign specification line pipe
stencil is covered by the scope of this order.
The welded line pipe that is subject to the
order is currently classifiable in the
Harmonized Tariff Schedule of the United
States (HTSUS) under subheadings
7305.11.1030, 7305.11.5000, 7305.12.1030,
7305.12.5000, 7305.19.1030, 7305.19.5000,
7306.19.1010, 7306.19.1050, 7306.19.5110,
and 7306.19.5150. The subject merchandise
may also enter in HTSUS 7305.11.1060 and
7305.12.1060. While the HTSUS subheadings
are provided for convenience and customs
purposes, the written description of the
scope of the order is dispositive.
The Scope of the AD Order on OCTG From
the Republic of Türkiye
The merchandise covered by the order is
certain OCTG, which are hollow steel
products of circular cross-section, including
oil well casing and tubing, of iron (other than
cast iron) or steel (both carbon and alloy),
whether seamless or welded, regardless of
end finish (e.g., whether or not plain end,
threaded, or threaded and coupled) whether
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or not conforming to American Petroleum
Institute (API) or non-API specifications,
whether finished (including limited service
OCTG products) or unfinished (including
green tubes and limited service OCTG
products), whether or not thread protectors
are attached. The scope of the order also
covers OCTG coupling stock.
Excluded from the scope of the order are:
casing or tubing containing 10.5 percent or
more by weight of chromium; drill pipe;
unattached couplings; and unattached thread
protectors.
The merchandise subject to the order is
currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under
item numbers: 7304.29.10.10, 7304.29.10.20,
7304.29.10.30, 7304.29.10.40, 7304.29.10.50,
7304.29.10.60, 7304.29.10.80, 7304.29.20.10,
7304.29.20.20, 7304.29.20.30, 7304.29.20.40,
7304.29.20.50, 7304.29.20.60, 7304.29.20.80,
7304.29.31.10, 7304.29.31.20, 7304.29.31.30,
7304.29.31.40, 7304.29.31.50, 7304.29.31.60,
7304.29.31.80, 7304.29.41.10, 7304.29.41.20,
7304.29.41.30, 7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80, 7304.29.50.15,
7304.29.50.30, 7304.29.50.45, 7304.29.50.60,
7304.29.50.75, 7304.29.61.15, 7304.29.61.30,
7304.29.61.45, 7304.29.61.60, 7304.29.61.75,
7305.20.20.00, 7305.20.40.00, 7305.20.60.00,
7305.20.80.00, 7306.29.10.30, 7306.29.10.90,
7306.29.20.00, 7306.29.31.00, 7306.29.41.00,
7306.29.60.10, 7306.29.60.50, 7306.29.81.10,
and 7306.29.81.50.
The merchandise subject to the order may
also enter under the following HTSUS item
numbers: 7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36, 7304.39.00.40,
7304.39.00.44, 7304.39.00.48, 7304.39.00.52,
7304.39.00.56, 7304.39.00.62, 7304.39.00.68,
7304.39.00.72, 7304.39.00.76, 7304.39.00.80,
7304.59.60.00, 7304.59.80.15, 7304.59.80.20,
7304.59.80.25, 7304.59.80.30, 7304.59.80.35,
7304.59.80.40, 7304.59.80.45, 7304.59.80.50,
7304.59.80.55, 7304.59.80.60, 7304.59.80.65,
7304.59.80.70, 7304.59.80.80, 7305.31.40.00,
7305.31.60.90, 7306.30.50.55, 7306.30.50.90,
7306.50.50.50, and 7306.50.50.70.
While the HTSUS subheadings are
provided for convenience and customs
purposes, the written description is
dispositive.
The Scope of the AD Order on LDWP From
the Republic of Türkiye
The merchandise covered by this order is
welded carbon and alloy steel pipe (other
than stainless steel pipe), more than 406.4
mm (16 inches) in nominal outside diameter
(large diameter welded pipe), regardless of
wall thickness, length, surface finish, grade,
end finish, or stenciling. Large diameter
welded pipe may be used to transport oil,
gas, slurry, steam, or other fluids, liquids, or
gases. It may also be used for structural
purposes, including, but not limited to,
piling. Specifically, not included is large
diameter welded pipe produced only to
specifications of the American Water Works
Association (AWWA) for water and sewage
pipe.
Large diameter welded pipe used to
transport oil, gas, or natural gas liquids is
normally produced to the American
Petroleum Institute (API) specification 5L.
Large diameter welded pipe may also be
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produced to American Society for Testing
and Materials (ASTM) standards A500, A252,
or A53, or other relevant domestic
specifications, grades and/or standards. Large
diameter welded pipe can be produced to
comparable foreign specifications, grades
and/or standards or to proprietary
specifications, grades and/or standards, or
can be non-graded material. All pipe meeting
the physical description set forth above is
covered by the scope of this order, whether
or not produced according to a particular
standard.
Subject merchandise also includes large
diameter welded pipe that has been further
processed in a third country, including but
not limited to coating, painting, notching,
beveling, cutting, punching, welding, or any
other processing that would not otherwise
remove the merchandise from the scope of
the order if performed in the country of
manufacture of the in-scope large diameter
welded pipe.
Excluded from the scope are any products
covered by the existing antidumping duty
order on welded line pipe from Türkiye. See
Welded Line Pipe from the Republic of Korea
and the Republic of Turkey: Antidumping
Duty Orders, 80 FR 75056 (December 1,
2015).
The large diameter welded pipe that is
subject to this order is currently classifiable
in the Harmonized Tariff Schedule of the
United States (HTSUS) under subheadings
7305.11.1030, 7305.11.1060, 7305.11.5000,
7305.12.1030, 7305.12.1060, 7305.12.5000,
7305.19.1030, 7305.19.1060, 7305.19.5000,
7305.31.4000, 7305.31.6090, 7305.39.1000
and 7305.39.5000. While the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this order is
dispositive.
[FR Doc. 2024–20396 Filed 9–9–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE109]
Taking of Threatened or Endangered
Marine Mammals Incidental to
Commercial Fishing Operations;
Proposed Issuance of a Permit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
NMFS is proposing to issue a
permit to authorize the incidental, but
not intentional, take of specific
Endangered Species Act (ESA)-listed
marine mammal species or stocks under
the Marine Mammal Protection Act
(MMPA), in the Washington (WA)/
Oregon (OR)/California (CA) sablefish
pot fishery.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:45 Sep 09, 2024
Jkt 262001
Comments on this action and
supporting documents must be received
by October 10, 2024.
ADDRESSES: You may submit comments
on the proposed permit and the
preliminary determination supporting
the permit, identified by NOAA–NMFS–
2024–0087, through the Federal eRulemaking Portal:
1. Go to https://www.regulations.gov
and enter NOAA–NMFS–2024–0087 in
the Search box.
2. Click the ‘‘Comment’’ icon, and
complete the required fields.
3. Enter or attach your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter N/
A in the required fields if you wish to
remain anonymous).
The preliminary determination
supporting the permit is available on the
internet at https://www.regulations.gov/
docket/NOAA-NMFS-2024-0087. Other
supporting information is available on
the internet including: recovery plans
for the ESA-listed marine mammal
species, https://www.fisheries.noaa.gov/
national/endangered-speciesconservation/recovery-species-underendangered-species-act; 2024 MMPA
List of Fisheries (LOF), https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/listfisheries-summary-tables; the most
recent Marine Mammal Stock
Assessment Reports (SAR) by region,
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
marine-mammal-stock-assessmentreports-region, and stock, https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessment-reportsspecies-stock; and Take Reduction
Teams (TRT) and Plans, https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-take-reduction-plans-andteams.
73377
The
MMPA requires NMFS to authorize the
incidental take of ESA-listed marine
mammals in commercial fisheries
provided it can make the following
determinations: (1) the incidental
mortality and serious injury (M/SI) from
commercial fisheries will have a
negligible impact on the affected species
or stocks; (2) a recovery plan for all
affected species or stocks of threatened
or endangered marine mammals has
been developed or is being developed
pursuant to the ESA; and (3) where
required under MMPA section 118, a
take reduction plan (TRP) has been
developed or is being developed, a
monitoring program is established, and
vessels participating in the fishery are
registered. We have made a preliminary
determination that the Category II WA/
OR/CA sablefish pot fishery meets these
three requirements and propose to issue
a permit to the fishery to authorize the
incidental take of ESA-listed marine
mammal species or stocks (Central
America/Southern Mexico-CA/OR/WA
and Mainland Mexico-CA/OR/WA
stocks of humpback whale) under the
MMPA for a period of 3 years. We
solicit public comments on the
proposed issuance of the permit and the
underlying preliminary determination.
DATES:
SUPPLEMENTARY INFORMATION:
Dan
Lawson, West Coast Region, (206) 526–
4740, Dan.Lawson@noaa.gov, or Jaclyn
Taylor, NMFS Office of Protected
Resources, (301) 427–8402,
Jaclyn.Taylor@noaa.gov.
Background
The MMPA LOF classifies each
commercial fishery as a Category I, II, or
III fishery based on the level of mortality
and injury of marine mammals
occurring incidental to each fishery as
defined in 50 CFR 229.2. Section
118(c)(2) of the MMPA requires fishing
vessels that operate in Category I and II
fisheries to register with NMFS and are
subsequently authorized to incidentally
take marine mammals during
commercial fishing operations.
However, that authorization is limited
to those marine mammals that are not
listed as threatened or endangered
under the ESA. Section 118(a)(2) of the
MMPA, 16 U.S.C. 1387(a)(2), also
requires an additional authorization at
section 101(a)(5) of the MMPA, 16
U.S.C. 1371, for incidental taking of
ESA-listed marine mammals. Section
101(a)(5)(E) of the MMPA, 16 U.S.C.
1371, states that NMFS, as delegated by
the Secretary of Commerce, for a period
of up to 3 consecutive years shall allow
the incidental, but not intentional,
taking of marine mammal species or
stocks designated as depleted because of
their listing as an endangered species or
threatened species under the ESA, 16
U.S.C. 1531 et seq., by persons using
vessels of the United States, while
engaging in commercial fishing
operations, if NMFS makes certain
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
E:\FR\FM\10SEN1.SGM
10SEN1
]]>Agencies
[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73374-73377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20396]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501, A-489-822, A-489-816, A-489-833]
Circular Welded Carbon Steel Standard Pipe and Tube Products From
the Republic of T[uuml]rkiye; Welded Line Pipe From the Republic of
T[uuml]rkiye; Certain Oil Tubular Goods From the Republic of
T[uuml]rkiye; and Large Diameter Welded Pipe From the Republic of
T[uuml]rkiye: Preliminary Results of Antidumping Duty Changed
Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Borusan Birle[scedil]ik Boru Fabrikalari Sanayi ve
Ticaret A.S. (Borusan Boru) is the successor-in-interest to Borusan
Mannesmann Boru Sanayi ve Ticaret A.S. (BMB) in the context of the
antidumping duty orders on circular welded carbon steel standard pipe
and tube products (standard pipe), welded line pipe (WLP), certain oil
tubular goods (OCTG), and large diameter welded pipe (LDWP) from the
Republic of T[uuml]rkiye (T[uuml]rkiye). Interested parties are invited
to comment on these preliminary results.
DATES: Applicable September 10, 2024.
FOR FURTHER INFORMATION CONTACT: Ajay K. Menon, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0208.
SUPPLEMENTARY INFORMATION:
Background
On May 15, 1986, March 7, 1986, December 1, 2015, September 10,
2014, and May 2, 2019, respectively, Commerce published in the Federal
Register antidumping duty orders on standard pipe, WLP, OCTG, and LDWP
from T[uuml]rkiye.\1\ On January 9, 2024, Borusan Boru requested that,
pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), 19 CFR 351.216, and 19 CFR 351.221(c)(3), Commerce conduct
expedited changed circumstances reviews (CCR) to determine that Borusan
Boru is the successor-in-interest to BMB and accordingly to: (1) assign
it the cash deposit rates currently applicable to BMB pursuant to THE
Standard Pipe AD Order and Welded Line Pipe AD Order; and (2) continue
to exclude it from OCTG AD Order and LDWP AD Order.\2\ On February 26,
2024, Commerce published the notice initiating these CCRs to consider
whether Borusan Boru is the successor-in-interest to BMB.\3\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986)
(Standard Pipe AD Order); Welded Line Pipe from the Republic of
Korea and the Republic of Turkey: Antidumping Duty Orders, 80 FR
75056 (December 1, 2015) (Welded Line Pipe AD Order); Certain Oil
Country Tubular Goods from India, the Republic of Korea, Taiwan, the
Republic of Turkey, and the Socialist Republic of Vietnam:
Antidumping Duty Orders; and Certain Oil Country Tubular Goods from
the Socialist Republic of Vietnam: Amended Final Determination of
Sales at Less Than Fair Value, 79 FR 53691, 53693 (September 10,
2014) (OCTG AD Order); and Large Diameter Welded Pipe from the
Republic of Turkey: Amended Final Affirmative Antidumping Duty
Determination and Antidumping Duty Order, 84 FR 18799 (May 2, 2019)
(LDWP AD Order).
\2\ See Borusan Boru's Letter, ``Notification of Company Name
Change and Request for Changed Circumstances Review, If Deemed
Necessary: Name Change of Borusan Mannesmann Boru Sanayi ve Ticaret
A.S. and Borusan Mannesmann Pipe U.S.,'' dated January 8, 2024
(Borusan Boru's CCR Request).
\3\ See Circular Welded Carbon Steel Standard Pipe and Tube
Products from the Republic of Turkey; Welded Line Pipe from the
Republic of Turkey; Certain Oil Tubular Goods From the Republic of
Turkey; and Large Diameter Welded Pipe from the Republic of Turkey:
Notice of Initiation of Antidumping Duty and Countervailing Duty
Changed Circumstances Reviews, 89 FR 14052 (February 26, 2024).
---------------------------------------------------------------------------
On April 9, 2024, we issued a supplemental questionnaire to Borusan
Boru, to which we received a timely response on April 30, 2024.\4\ In
its response, Borusan Boru stated that there were no material changes
to either the supplier or customer base of BMB as a result of BMB's
conversion to Borusan Boru.\5\ We received no comments from other
interested parties concerning Borusan Boru's request.
---------------------------------------------------------------------------
\4\ See Borusan Boru's Letter, ``Supplemental Questionnaire
Response,'' dated April 30, 2024 (Borusan Boru's SQR).
\5\ Id.
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by these orders is standard pipe, WLP,
OCTG, and LDWP from T[uuml]rkiye. For a complete description of the
scope of each of these orders, see the appendix to this notice.\6\
---------------------------------------------------------------------------
\6\ See Standard Pipe AD Order, 51 FR 17784; Welded Line Pipe AD
Order, 80 FR 75056; OCTG AD Order, 79 FR 53691, and LDWP AD Order,
84 FR 18799.
---------------------------------------------------------------------------
Preliminary Results
In these CCRs, pursuant to section 751(b) of the Act, Commerce
conducted a successor-in-interest analysis. In making a successor-in-
interest determination, Commerce examines several factors, including,
but not limited to, changes in the following: (1)
[[Page 73375]]
management; (2) production facilities; (3) supplier relationships; and
(4) customer base.\7\ While no single factor or combination of factors
will necessarily provide a dispositive indication of a successor-in-
interest relationship, generally, Commerce will consider the new
company to be the successor to the previous company if the new
company's resulting operation is not materially dissimilar to that of
its predecessor.\8\ Thus, if the record evidence demonstrates that,
with respect to the production and sale of the subject merchandise, the
new company operates as the same business entity as the predecessor
company, Commerce may assign the new company the cash deposit rate of
its predecessor.\9\
---------------------------------------------------------------------------
\7\ See, e.g., Certain Frozen Warmwater Shrimp from India:
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review, 83 FR 37784 (August 2, 2018) (Shrimp from
India 2018 CCR Prelim), unchanged in Certain Frozen Warmwater Shrimp
from India: Notice of Final Results of Antidumping Duty Changed
Circumstances Review, 83 FR 49909 (October 3, 2018) (Shrimp from
India 2018 CCR Final).
\8\ See, e.g., Shrimp from India 2018 CCR Preliminary, 83 FR at
37784, unchanged in Shrimp from India 2018 CCR Final, 83 FR at
49909.
\9\ See, e.g., Shrimp from India 2018 CCR Preliminary, 83 FR at
37784, unchanged in Shrimp from India 2018 CCR Final, 83 FR at
49909; see also Notice of Final Results of Changed Circumstances
Antidumping Duty Administrative Review: Polychloroprene Rubber from
Japan, 67 FR 58, 59 (January 2, 2002); Ball Bearings and Parts
Thereof from France: Final Results of Changed-Circumstances Review,
75 FR 34688, 34689 (June 18, 2010); Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea; Preliminary Results of Antidumping
Duty Changed Circumstances Review, 63 FR 14679 (March 26, 1998),
unchanged in Circular Welded Non-Alloy Steel Pipe from Korea: Final
Results of Antidumping Duty Changed Circumstances Review, 63 FR
20572 (April 27, 1998), in which Commerce found that a company which
only changed its name and did not change its operations is a
successor-in-interest to the company before it changed its name.
---------------------------------------------------------------------------
In accordance with 19 CFR 351.216, we preliminarily determine that
Borusan Boru is the successor-in-interest to BMB, based on the analysis
of the information BMB provided in its CCR request and supplemental
response regarding the factors listed above.
Management
Borusan Boru stated that, in November 2023, following the
termination of its partnership with Salzgitter Mannesmann GmbH
(Salzgitter): (1) Borusan Mannesmann Boru Yatirim Holding A.S. (BMBYH)
changed its name to BMB Holding A.S. (BMBH); and (2) BMBH also changed
the name of BMB to Borusan Boru. According to Borusan Boru, BMBH
continued to control the same percentage of Borusan Boru as it did
before the name change and there were no other changes to the
shareholders of Borusan Boru. Borusan Boru demonstrated that its
management did not change as a result of the name change and the only
change to its board of directors was to replace the Salzgitter-
appointed directors.\10\
---------------------------------------------------------------------------
\10\ See Borusan Boru's CCR Request at 5 and Attachment 6.
---------------------------------------------------------------------------
Production Facilities
Borusan Boru stated there were no changes in the company's
production facilities as a result of the name change. According to
Borusan Boru, it maintains the same headquarters, manufacturing
facilities, and its production capacity is unchanged as a result of the
name change.\11\
---------------------------------------------------------------------------
\11\ Id. at 5-6.
---------------------------------------------------------------------------
Supplier Relationships
Borusan Boru stated that the major input in its production is hot-
rolled coil (HRC), and it provided a list of its 2023 HRC suppliers as
compared to its suppliers through March 31, 2024, demonstrating that
Borusan Boru's suppliers are substantially similar to BMB's.\12\
---------------------------------------------------------------------------
\12\ See Borusan Boru's SQR at Exhibit 12.
---------------------------------------------------------------------------
Customer Base
Borusan Boru stated that there were no changes to its customer base
after the name change. Borusan Boru provided a list of its 2023
customers as compared to its customers through March 31, 2024,
demonstrating that Borusan Boru's customers are substantially similar
to BMB's.\13\
---------------------------------------------------------------------------
\13\ Id.
---------------------------------------------------------------------------
Thus, record evidence, as submitted by Borusan Boru, indicates that
Borusan Boru operates as essentially the same business entity as BMB
with respect to the subject merchandise.\14\ Because Borusan Boru
demonstrated that there were no material changes in the ownership and
management structure, production facilities, and supplier and customer
base as a result of BMB changing its name to Borusan Boru, we
preliminarily find that Borusan Boru is the successor-in-interest to
BMB.
---------------------------------------------------------------------------
\14\ Id.; see also Borusan Boru's CCR Request.
---------------------------------------------------------------------------
We preliminarily determine that Borusan Boru is entitled to the
same AD cash deposit rates as its predecessor for merchandise subject
to the Standard Pipe AD Order and Welded Line Pipe AD Order. We also
preliminarily determine that Borusan Boru is entitled to its
predecessor's exclusion from the OCTG AD Order and LDWP AD Order.\15\
Consequently, if this determination is unchanged in the final results,
Commerce intends to instruct U.S. Customs and Border Protection (CBP)
to collect estimated antidumping duties and suspend liquidation of all
shipments of merchandise subject to the standard pipe and WLP
antidumping duty orders produced and/or exported by Borusan Boru and
entered, or withdrawn from warehouse, for consumption on or after the
publication date of the final results in the Federal Register at the
rate assigned to BMB.\16\ Further, Commerce will instruct CBP that
Borusan Boru is entitled to its predecessor's exclusions from the OCTG
AD Order and LDWP AD Order for entries of subject merchandise produced
and exported by Borusan Boru. Lastly, the cash deposit requirements
shall remain in effect until further notice.
---------------------------------------------------------------------------
\15\ BMB was excluded from the OCTG AD Order and LDWP AD Order.
See Certain Oil Country Tubular Goods From India, the Republic of
Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of
Vietnam: Antidumping Duty Orders; and Certain Oil Country Tubular
Goods from the Socialist Republic of Vietnam: Amended Final
Determination of Sales at Less Than Fair Value, 79 FR 53691, 53693
(September 10, 2014); Large Diameter Welded Pipe from the Republic
of Turkey: Notice of Court Decision Not in Harmony With Amended
Final Determination in the Less-Than-Fair-Value Investigation;
Notice of Amended Final Determination Pursuant to Court Decision;
and Notice of Revocation of Antidumping Duty Order, in Part, 85 FR
35262, 35264 (June 9, 2020).
\16\ The current rate for BMB in the Standard Pipe AD Order 5.27
percent. See Circular Welded Carbon Steel Standard Pipe and Tube
Products from Turkey: Final Results of Antidumping Duty
Administrative Review; 2021-2022, 88 FR 85592, 85593 (December 9,
2023). The current rate for BMB in the Welded Line Pipe AD Order is
0.00. See Welded Line Pipe from the Republic of Korea and the
Republic of Turkey: Antidumping Duty Orders, 80 FR 75056, 75057
(December 1, 2015).
---------------------------------------------------------------------------
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce no later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later than five days after the
date for filing case briefs.\17\ Interested parties who submit case
briefs or rebuttal briefs in this proceeding must submit: (1) a table
of contents listing each issue; and (2) a table of authorities.\18\ All
comments are to be filed electronically using Enforcement and
Compliance's Antidumping and CVD Centralized Electronic Service System
(ACCESS). ACCESS is available to registered users at https://access.trade.gov. An electronically filed document must be received
successfully in its entirety by
[[Page 73376]]
ACCESS by 5 p.m. Eastern Time on the day it is due.\19\
---------------------------------------------------------------------------
\17\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Final Service Rule).
\18\ See 19 CFR 351.309(c)(2) and (d)(2).
\19\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\20\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this CCR. We request that
interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\21\
---------------------------------------------------------------------------
\20\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\21\ See APO and Final Service Rule, 88 FR at 67069.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice. Parties
should file their case and rebuttal briefs on the record of each of the
four AD CCRs related to Borusan Boru's successor-in-interest request.
Final Results
Consistent with 19 CFR 351.216(e), we will issue the final results
of this CCR no later than 270 days after the date on which the review
was initiated, or within 45 days if all parties agree to our
preliminary finding.
Notification to Interested Parties
We are issuing this notice in accordance with sections 751(b)(1)
and 777(i) of the Act and 19 CFR 351.216(b) and 351.221(b)(1).
Dated: September 3, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
The Scope of the Order on Circular Welded Carbon Steel Standard
Pipe and Tube Products From the Republic of T[uuml]rkiye
The products covered by this order are welded carbon steel
standard pipe and tube products with an outside diameter of 0.375
inch 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: 7306.30.1000,
7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055,
7306.30.5085, and 7306.30.5090. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written
description of the merchandise covered by this 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.
The Scope of the AD Order on Welded Line Pipe From the Republic of
T[uuml]rkiye
The products covered by the order are circular welded carbon and
alloy steel (other than stainless steel) pipe of a kind used for oil
or gas pipelines (welded line pipe), not more than 24 inches in
nominal outside diameter, regardless of wall thickness, length,
surface finish, end finish, or stenciling. Welded line pipe is
normally produced to the American Petroleum Institute (API)
specification 5L, but can be produced to comparable foreign
specifications, to proprietary grades, or can be non-graded
material. All pipe meeting the physical description set forth above,
including multiple-stenciled pipe with an API or comparable foreign
specification line pipe stencil is covered by the scope of this
order.
The welded line pipe that is subject to the order is currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheadings 7305.11.1030, 7305.11.5000, 7305.12.1030,
7305.12.5000, 7305.19.1030, 7305.19.5000, 7306.19.1010,
7306.19.1050, 7306.19.5110, and 7306.19.5150. The subject
merchandise may also enter in HTSUS 7305.11.1060 and 7305.12.1060.
While the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of the order is
dispositive.
The Scope of the AD Order on OCTG From the Republic of T[uuml]rkiye
The merchandise covered by the order is certain OCTG, which are
hollow steel products of circular cross-section, including oil well
casing and tubing, of iron (other than cast iron) or steel (both
carbon and alloy), whether seamless or welded, regardless of end
finish (e.g., whether or not plain end, threaded, or threaded and
coupled) whether or not conforming to American Petroleum Institute
(API) or non-API specifications, whether finished (including limited
service OCTG products) or unfinished (including green tubes and
limited service OCTG products), whether or not thread protectors are
attached. The scope of the order also covers OCTG coupling stock.
Excluded from the scope of the order are: casing or tubing
containing 10.5 percent or more by weight of chromium; drill pipe;
unattached couplings; and unattached thread protectors.
The merchandise subject to the order is currently classified in
the Harmonized Tariff Schedule of the United States (HTSUS) under
item numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30,
7304.29.10.40, 7304.29.10.50, 7304.29.10.60, 7304.29.10.80,
7304.29.20.10, 7304.29.20.20, 7304.29.20.30, 7304.29.20.40,
7304.29.20.50, 7304.29.20.60, 7304.29.20.80, 7304.29.31.10,
7304.29.31.20, 7304.29.31.30, 7304.29.31.40, 7304.29.31.50,
7304.29.31.60, 7304.29.31.80, 7304.29.41.10, 7304.29.41.20,
7304.29.41.30, 7304.29.41.40, 7304.29.41.50, 7304.29.41.60,
7304.29.41.80, 7304.29.50.15, 7304.29.50.30, 7304.29.50.45,
7304.29.50.60, 7304.29.50.75, 7304.29.61.15, 7304.29.61.30,
7304.29.61.45, 7304.29.61.60, 7304.29.61.75, 7305.20.20.00,
7305.20.40.00, 7305.20.60.00, 7305.20.80.00, 7306.29.10.30,
7306.29.10.90, 7306.29.20.00, 7306.29.31.00, 7306.29.41.00,
7306.29.60.10, 7306.29.60.50, 7306.29.81.10, and 7306.29.81.50.
The merchandise subject to the order may also enter under the
following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80,
7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65,
7304.59.80.70, 7304.59.80.80, 7305.31.40.00, 7305.31.60.90,
7306.30.50.55, 7306.30.50.90, 7306.50.50.50, and 7306.50.50.70.
While the HTSUS subheadings are provided for convenience and
customs purposes, the written description is dispositive.
The Scope of the AD Order on LDWP From the Republic of T[uuml]rkiye
The merchandise covered by this order is welded carbon and alloy
steel pipe (other than stainless steel pipe), more than 406.4 mm (16
inches) in nominal outside diameter (large diameter welded pipe),
regardless of wall thickness, length, surface finish, grade, end
finish, or stenciling. Large diameter welded pipe may be used to
transport oil, gas, slurry, steam, or other fluids, liquids, or
gases. It may also be used for structural purposes, including, but
not limited to, piling. Specifically, not included is large diameter
welded pipe produced only to specifications of the American Water
Works Association (AWWA) for water and sewage pipe.
Large diameter welded pipe used to transport oil, gas, or
natural gas liquids is normally produced to the American Petroleum
Institute (API) specification 5L. Large diameter welded pipe may
also be
[[Page 73377]]
produced to American Society for Testing and Materials (ASTM)
standards A500, A252, or A53, or other relevant domestic
specifications, grades and/or standards. Large diameter welded pipe
can be produced to comparable foreign specifications, grades and/or
standards or to proprietary specifications, grades and/or standards,
or can be non-graded material. All pipe meeting the physical
description set forth above is covered by the scope of this order,
whether or not produced according to a particular standard.
Subject merchandise also includes large diameter welded pipe
that has been further processed in a third country, including but
not limited to coating, painting, notching, beveling, cutting,
punching, welding, or any other processing that would not otherwise
remove the merchandise from the scope of the order if performed in
the country of manufacture of the in-scope large diameter welded
pipe.
Excluded from the scope are any products covered by the existing
antidumping duty order on welded line pipe from T[uuml]rkiye. See
Welded Line Pipe from the Republic of Korea and the Republic of
Turkey: Antidumping Duty Orders, 80 FR 75056 (December 1, 2015).
The large diameter welded pipe that is subject to this order is
currently classifiable in the Harmonized Tariff Schedule of the
United States (HTSUS) under subheadings 7305.11.1030, 7305.11.1060,
7305.11.5000, 7305.12.1030, 7305.12.1060, 7305.12.5000,
7305.19.1030, 7305.19.1060, 7305.19.5000, 7305.31.4000,
7305.31.6090, 7305.39.1000 and 7305.39.5000. While the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this order is dispositive.
[FR Doc. 2024-20396 Filed 9-9-24; 8:45 am]
BILLING CODE 3510-DS-P
