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 Countervailing Duty Changed Circumstances Reviews, 73361-73364 [2024-20397]
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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices
issued by an FDA-accredited agency and
listed in the FDA administered Global
Unique Device Identification Database.
Stretcher Surfaces with all of the following
characteristics: with a nominal thickness of
5 inches or less; with the foam core width
tapered at one end; enclosed in a fluidresistant polyurethane-coated ticking with a
zipper; with welded seams on the ticking,
which are two or more layers of coated
material thermally fused together with a
permanent bond; with the exterior of the
ticking containing a welded flap to cover the
ticking zipper; with loop velcro attached to
the ticking to allow for the stretcher surface
to be firmly affixed to the stretcher; with a
unique device identifier label for medical
devices issued by an FDA-accredited agency
and listed in the FDA administered Global
Unique Device Identification Database.
Birthing Bed Surfaces with all of the
following characteristics: with a nominal
thickness of 5 inches or less; with a foam
core in two pieces that have either a Vshaped cutout or U-Shaped cutout; enclosed
in a fluid-resistant polyurethane-coated
ticking with a zipper; with welded seams on
the ticking, which are two or more layers of
coated material thermally fused together with
a permanent bond; with attachment fasteners
extending from the bottom of the surface
comprised of snaps or plastic hook(s); with
a unique device identifier label for medical
devices issued by an FDA-accredited agency
and listed in the FDA-administered Global
Unique Device Identification Database.
Foam Surfaces with all the following
characteristics: with a nominal thickness of
6.5 inches or less; with a foam core that has
articulation lines cut into the foam and/or
die-cut construction in a portion of the foam
to allow movement of the surface; enclosed
in a fluid-resistant polyurethane-coated
ticking with a zipper; with the ticking made
of material meeting ASTM F1671B–07
requirements for porosity and ISO 10993
requirements for biocompatibility; with
welded seams on the ticking, which are two
or more layers of coated material thermally
fused together with a permanent bond; with
brackets or attachment knobs embedded in
the surface core to allow the surface to be
firmly affixed to the hospital bed frame; with
a unique device identifier label for medical
devices issued by an FDA-accredited agency
and listed in the FDA-administered Global
Unique Device Identification Database, where
the label includes the manufacturer’s name
and address as well as the product’s name,
date of manufacture, serial number, and
Global Trade Identification Number (GTIN).
The products subject to these orders are
currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings: 9404.21.0010, 9404.21.0013,
9404.21.0095, 9404.29.1005, 9404.29.1013,
9404.29.1095, 9404.29.9085, 9404.29.9087,
and 9404.29.9095. Products subject to this
investigation may also enter under HTSUS
subheadings: 9401.41.0000, 9401.49.0000,
and 9401.99.9081. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
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16:45 Sep 09, 2024
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73361
description of the merchandise subject to
these orders is dispositive.
2024, Borusan Boru requested that,
pursuant to section 751(b)(1) of the
[FR Doc. 2024–20346 Filed 9–9–24; 8:45 am]
Tariff Act of 1930, as amended (the Act),
19 CFR 351.216, and 19 CFR
BILLING CODE 3510–DS–P
351.221(c)(3), Commerce conduct
expedited changed circumstances
DEPARTMENT OF COMMERCE
reviews (CCR) to determine that
Borusan Boru is the successor-inInternational Trade Administration
interest to BMB and, as a result of these
[C–489–502, C–489–823, C–489–817, C–489– determinations, to: (1) assign it the cash
deposit rates currently applicable to
834]
BMB pursuant to Standard Pipe CVD
Circular Welded Carbon Steel Standard Order, Welded Line Pipe CVD Order,
Pipe and Tube Products From the
and OCTG CVD Order; and (2) continue
Republic of Türkiye; Welded Line Pipe
to exclude it from LDWP CVD Order.2 In
From the Republic of Türkiye; Certain
its request, Borusan Boru stated that it
Oil Tubular Goods From the Republic
undertook an official, legal name change
of Türkiye; and Large Diameter Welded from Borusan Mannesmann Boru Sanayi
Pipe From the Republic of Türkiye:
ve Ticaret A.S. (BMB) to Borusan
Preliminary Results of Countervailing
Birleşik Boru Fabrikalari Sanayi ve
Duty Changed Circumstances Reviews Ticaret A.S. (Borusan Boru) following
the termination of its partnership with
AGENCY: Enforcement and Compliance,
Salzgitter Mannesmann GmbH
International Trade Administration,
(Salzgitter) in 2023, but that the
Department of Commerce.
company experienced no significant
SUMMARY: The U.S. Department of
changes which would impact the extent
Commerce (Commerce) preliminarily
of its subsidization.3 No interested
determines that Borusan Birleşik Boru
parties filed comments opposing the
Fabrikalari Sanayi ve Ticaret A.S.
CCR request.
(Borusan Boru) is the successor-inOn February 26, 2024, Commerce
interest to Borusan Mannesmann Boru
published the notice initiating these
Sanayi ve Ticaret A.S. (BMB) in the
CCRs to consider whether Borusan Boru
context of the countervailing duty (CVD)
is the successor-in-interest to BMB.4 On
orders on circular welded carbon steel
April 22, 2024, we issued a
standard pipe and tube products
supplemental questionnaire to Borusan
(standard pipe), welded line pipe
Boru, to which we received a timely
(WLP), certain oil tubular goods
response on May 8, 2024.5
(OCTG), and large diameter welded pipe
Scope of the Orders
(LDWP) from the Republic of Türkiye
(Türkiye). Interested parties are invited
The merchandise covered by these
to comment on these preliminary
orders is standard pipe, WLP, OCTG,
results.
and LDWP from Türkiye. For a complete
Applicable September 10, 2024.
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:
DATES:
FOR FURTHER INFORMATION CONTACT:
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 CVD orders on standard pipe,
WLP, OCTG, and LDWP.1 On January 9,
1 See Countervailing Duty Order: Certain Welded
Carbon Steel Pipe and Tube Products from Turkey,
51 FR 7984 (March 7, 1986) (Standard Pipe CVD
Order); Welded Line Pipe from the Republic of
Turkey: Countervailing Duty Order, 80 FR 75054
(December 1, 2015) (Welded Line Pipe CVD Order);
Certain Oil Country Tubular Goods from India and
the Republic of Turkey: Countervailing Duty Orders
and Amended Affirmative Final Countervailing
Duty Determination for India, 79 FR 53688
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
description of the scope of each of these
orders, see the appendix to this notice.6
(September 10, 2014) (OCTG CVD Order); and Large
Diameter Welded Pipe from the Republic of Turkey:
Countervailing Duty Order, 84 FR 18771 (May 2,
2019) (LDWP CVD 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 Id. at 4.
4 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) (Initiation Notice).
5 See Borusan Boru’s Letter, ‘‘Supplemental
Questionnaire Response,’’ dated May 8, 2024
(Borusan Boru’s SQR).
6 See Standard Pipe CVD Order, 51 FR at 7984;
Welded Line Pipe CVD Order, 80 FR at 75054;
OCTG CVD Order, 79 FR at 53689l; and LDWP CVD
Order, 84 FR at 18773.
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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices
Preliminary Results
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In these CCRs, pursuant to section
751(b) of the Act, Commerce conducted
a successor-in-interest analysis. In a
CVD CCR, Commerce will normally
make an affirmative successorship
finding where there is no evidence of
significant changes in the respondent’s
operations, ownership, and corporate or
legal structure during the relevant
period (i.e., the ‘‘look-back
window’’) that could have affected the
respondent’s subsidy levels.7 Where a
significant change has occurred,
Commerce will assess whether that
change affects the nature and extent of
the respondent’s subsidization and,
therefore, whether the respondent is the
same subsidized entity as the
predecessor, with reference to one or
more of the following objective criteria:
(1) continuity in the cross-owned or
consolidated respondent company’s
financial assets and liabilities; (2)
continuity in its production and
commercial activities; and (3) continuity
in the level of the government’s
involvement in the respondent’s
operations or financial structure.
Where Commerce makes an
affirmative CVD successorship finding,
the successor’s merchandise will be
entitled to enter under the predecessor’s
cash deposit rate.8 Here, as detailed
below, there is no evidence of
significant changes between BMB and
successor in interest in Borusan Boru’s
operations, ownership or corporate or
legal structure during the look back
period which could have impacted the
successor in interest company’s subsidy
levels.9 That is, record evidence
indicates that despite significant
changes, Borusan Boru essentially
operates as the same subsidized entity
as its predecessor with respect to subject
merchandise.
7 See Certain Pasta from Turkey: Preliminary
Results of Countervailing Duty Changed
Circumstances Review, 74 FR 47225 (September 15,
2009) (Pasta from Türkiye), unchanged in Certain
Pasta from Turkey: Notice of Final Results of
Antidumping Duty Changed Circumstances Review,
74 FR 54022 (October 21, 2009). In this instance,
the relevant look back period is December 31, 2022
(the end of the period of review associated with the
most recent opportunity to request a review), to
January 8, 2024 (the date of Borusan Boru’s CCR
request).
8 See Notice of Initiation and Preliminary Results
of Changed Circumstances Reviews: Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China, 85 FR 5193 (January 29,
2020), unchanged in Certain Passenger Vehicle and
Light Truck Tires from the People’s Republic of
China: Final Results of Changed Circumstances
Reviews, 85 FR 14638 (March 13, 2020).
9 See Borusan Boru’s CCR Request; and Borusan
Boru’s SQR.
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16:45 Sep 09, 2024
Jkt 262001
Continuity in Borusan Boru’s
Ownership
Borusan Boru provided
documentation demonstrating that its
ownership was unchanged during the
‘‘look-back window.’’ 10 However,
Borusan Boru stated that the ownership
of its majority shareholder, BMB
Holding A.S. (BMBH), changed
following the termination of BMBH’s
partnership with Salzgitter in November
2023.11 According to Borusan Boru, in
Salzgitter’s place, Borusan Istikbal
Ticaret T.A.S. (Borusan Istikbal), an
existing affiliated company, became one
of the owners of BMBH.12 In recent
proceedings, Commerce has examined,
but did not attribute to BMB, subsidies
received by Borusan Istikbal.13
Additionally, Borusan Boru stated that
there were no changes with respect to
the Government of Türkiye’s (GOT)
involvement with the Borusan Group of
companies, including Borusan
Istikbal.14 Therefore, consistent with
Pasta from Türkiye, we determine that
the inclusion of Borusan Istikbal in the
ownership of BMBH does not constitute
a significant change that could affect the
extent of Borusan Boru’s subsidization.
Continuity in Borusan Boru’s
Operations
Borusan Boru provided information
demonstrating that there were no
significant changes in its suppliers or
customer base during the ‘‘look-back
10 See Borusan Boru’s SQR at 2 and Exhibits 14
and 15.
11 Id. at 3 and Exhibit 17.
12 Id.; see also Borusan Boru’s CCR Request at
Attachment 6.
13 See Circular Welded Carbon Steel Pipes and
Tubes from the Republic of Turkey: Preliminary
Results of Countervailing Duty Administrative
Review and Intent To Rescind the Review, in Part;
Calendar Year 2019, 86 FR 29754 (June 3, 2021),
and accompanying Preliminary Decision
Memorandum (PDM) at 6–7, unchanged in Circular
Welded Carbon Steel Pipes and Tubes from the
Republic of Turkey: Final Results and Rescission, in
Part, of Countervailing Duty Administrative Review;
Calendar Year 2019, 86 FR 67681 (November 29,
2021); see also Oil Country Tubular Goods from the
Republic of Turkey: Preliminary Results of
Countervailing Duty Administrative Review,
Rescission in Part, and Intent To Rescind in Part;
2018, 86 FR 7069 (January 26, 2021), and
accompanying PDM at 7–8, unchanged in Oil
Country Tubular Goods from the Republic of
Turkey: Final Results and Partial Rescission of
Countervailing Duty Administrative Review; 2018,
88 FR 24842 (May 10, 2021); Circular Welded
Carbon Steel Pipes and Tubes from the Republic of
Turkey: Preliminary Results of Countervailing Duty
Administrative Review and Partial Rescission;
Calendar Year 2018, 85 FR 18917 (April 3, 2020),
and accompanying PDM at 8–9 unchanged in
Circular Welded Carbon Steel Pipes and Tubes from
the Republic of Turkey: Final Results of
Countervailing Duty Administrative Review;
Calendar Year 2018, 86 FR 6866 (January 25, 2021).
14 See Borusan Boru’s SQR at 1–2 and Exhibits
10–12.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
window.’’ 15 Borusan Boru stated that it
purchased the assets of Berg Steel, a
U.S. company, during the ‘‘look-back
window,’’ including production
facilities in Mobile, Alabama, and
Panama City, Florida.16 As stated in the
Initiation Notice, Commerce does not
assign cash deposit rates or calculate
subsidy rates for U.S. companies and we
do not measure subsidies received by
U.S. companies.17 Therefore, we find
that this change does not affect the
extent of Borusan Boru’s subsidization
by the GOT.
Continuity in Borusan Boru’s Corporate
and Legal Structure
Borusan Boru provided evidence
demonstrating that that there were no
significant changes to its legal structure
during the ‘‘look-back window.’’ 18
Therefore, we determine that there were
no significant changes that could have
affected Borusan Boru’s subsidization
levels.
Thus, record evidence preliminarily
indicates that Borusan Boru is the
successor-in-interest to BMB. 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 Borusan Boru provided in
its CCR request and supplemental
questionnaire response.
Accordingly, we preliminarily
determine the Borusan Boru is entitled
to the same CVD cash deposit rates as
its predecessor for merchandise subject
to the Standard Pipe CVD Order,
Welded Line Pipe CVD Order, and
OCTG CVD Order. We also
preliminarily determine that Borusan
Boru is entitled to its predecessor’s
exclusion from the LDWP CVD Order.19
Consequently, if this determination is
unchanged in the final results,
Commerce intends to instruct U.S.
Customs and Border Protection (CBP) to
collect estimated CVDs and suspend
liquidation of all shipments of
merchandise subject to the Standard
Pipe CVD Order, Welded Line Pipe CVD
Order, and OCTG CVD Order 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.20 Further, Commerce will
15 Id.
at 1–2.
at 4 and Exhibit 19.
17 See Initiation Notice, 89 FR at 14053, footnote
16 Id.
2.
18 See
Borusan Boru’s SQR at 3.
was excluded from the LDWP CVD Order.
See LDWP CVD Order, 85 FR at 18773.
20 The current rate for BMB under the Standard
Pipe CVD Order is 0.83 percent. See Circular
19 BMB
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instruct CBP that Borusan Boru is
entitled to its predecessor’s exclusion
from the LDWP CVD Order for entries of
subject merchandise produced and
exported by Borusan Boru. Lastly, the
cash deposit requirements shall remain
in effect until further notice.
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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.21 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.22 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
ACCESS by 5 p.m. Eastern Time on the
day it is due.23 Parties should file their
case and rebuttal briefs on the record of
each of the four CVD CCRs related to
Borusan Boru’s successor-in-interest
request.
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.24 Further, we
request that interested parties limit their
Welded Carbon Steel Pipes and Tubes from the
Republic of Turkey: Final Results and Rescission, in
Part, of Countervailing Duty Administrative Review;
Calendar Year 2019, 86 FR 67681, 67682
(November 29, 2021). The current rate for BMB
under the Welded Line Pipe CVD Order 0.78
percent. See Welded Line Pipe from the Republic of
Turkey: Final Results of Countervailing Duty
Administrative Review; 2015, 83 FR 34113, 34114
(July 19, 2028). The current rate for BMB under the
OCTG CVD Order is 0.38 percent (de minimis). See
Oil Country Tubular Goods from the Republic of
Turkey: Final Results and Partial Rescission of
Countervailing Duty Administrative Review; 2018,
86 FR 24842 (May 10, 2021).
21 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).
22 See 19 CFR 351.309(c)(2) and (d)(2).
23 See 19 CFR 351.303(b).
24 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
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16:45 Sep 09, 2024
Jkt 262001
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).25
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.
Final Results
Consistent with 19 CFR 351.216(e),
we will issue the final results of these
CCRs no later than 270 days after the
date on which these reviews were
initiated, or within 45 days if all parties
to the proceeding agree to our
preliminary determination.
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(c)(3).
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 CVD Order on Circular
Welded Carbon Steel Standard Pipe and
Tube Products From the Republic of Türkiye
The products covered by this order are
certain welded carbon steel pipe and tube
with an outside diameter of 0.375 inch or
more, but not over 16 inches, of any wall
thickness (pipe and tube) from Turkey. These
products are currently provided for under the
Harmonized Tariff Schedule of the United
States (HTSUS) as item numbers 7306.30.10,
7306.30.50, and 7306.90.10. Although the
HTSUS subheadings are provided for
25 See
PO 00000
APO and Final Service Rule.
Frm 00014
Fmt 4703
Sfmt 4703
73363
convenience and customs purposes, the
written description of the merchandise is
dispositive.
The Scope of the CVD Order on Welded Line
Pipe from the Republic of Türkiye
The merchandise covered by the order is
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
investigation.
The welded line 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, 7305.11.5000, 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 CVD Order on Certain Oil
Tubular Goods from the Republic of Türkiye.
The merchandise covered by the order is oil
country tubular goods (OCTG), which are
hollow steel products of circular crosssection, 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,
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khammond on DSKJM1Z7X2PROD with NOTICES
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.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the order is dispositive.
The Scope of the CVD Order on Large
Diameter Welded Pipe From the Republic of
Türkiye
The merchandise covered by this order is
welded carbon and alloy steel structural pipe
(other than stainless steel pipe), more than
406.4 mm (16 inches) in nominal outside
diameter (large diameter welded structural
pipe), regardless of wall thickness, length,
surface finish, grade, end finish, or
stenciling. Large diameter welded structural
pipe may 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 structural pipe may
be 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 structural 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
structural pipe meeting the physical
description set forth above, including any
dual- or multiple-certified/stenciled pipe
with an ASTM (or comparable) welded
structural pipe certification/stencil, is
covered by the scope of this order.
Subject merchandise also includes large
diameter welded structural 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 structural
pipe.
Excluded from the scope of this order is
line pipe which is suitable for transporting
oil, gas, slurry, steam, or other fluids, liquids,
or gases, and is normally produced to
American Petroleum Institute (API)
specification 5L or equivalent foreign
specifications grades and/or standards or to
VerDate Sep<11>2014
16:45 Sep 09, 2024
Jkt 262001
proprietary specifications, grades and/or
standards. Also excluded from the scope are
any products covered by the existing
countervailing duty order on welded line
pipe from the Republic of Turkey. See
Welded Line Pipe from the Republic of
Turkey: Countervailing Duty Order, 80 FR
75054 (December 1, 2015).
The large diameter welded structural pipe
that is subject to this order is currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheadings 7305.31.4000, 7305.31.6090,
7305.39.1000 and 7305.39.5000. Merchandise
currently classifiable 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, and
7305.19.5000 and that otherwise meets the
above scope language is also covered. While
the HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of this order
is dispositive.
[FR Doc. 2024–20397 Filed 9–9–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–557–829]
Ferrosilicon From Malaysia:
Preliminary Affirmative Countervailing
Duty Determination, Preliminary
Affirmative Critical Circumstances
Determination, in Part, and Alignment
of Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of ferrosilicon
from Malaysia. The period of
investigation (POI) is January 1, 2023,
through December 31, 2023. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable September 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Suresh Maniam or Stefan Smith, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1603 or (202) 482–4342,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
notice of initiation of this investigation
on April 24, 2024.1 On May 30, 2024,
Commerce postponed the preliminary
determination of this investigation until
August 26, 2024.2 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.3 The deadline for this preliminary
determination is now September 3,
2024.4
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II 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.
Scope of the Investigation
The product covered by this
investigation is ferrosilicon from
Malaysia. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,6 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage, (i.e., scope).7 As noted in the
Preliminary Decision Memorandum,
Commerce corrected a minor clerical
error in the language of the scope.8
1 See Ferrosilicon from Brazil, Kazakhstan,
Malaysia, and the Russian Federation: Initiation of
Countervailing Duty Investigations, 89 FR 31133
(April 24, 2024) (Initiation Notice).
2 See Ferrosilicon from Brazil, Kazakhstan, and
Malaysia: Postponement of Preliminary
Determinations in theCountervailing Duty
Investigations, 89 FR 46860 (May 30, 2024).
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
4 Because seven days from August 26, 2024 (i.e.,
September 2, 2024) falls on a federal holiday, the
actual deadline for the preliminary determination is
September 3, 2024.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Ferrosilicon
from Malaysia,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
6 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
7 See Initiation Notice.
8 See Preliminary Decision Memorandum.
E:\FR\FM\10SEN1.SGM
10SEN1
Agencies
[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73361-73364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20397]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-502, C-489-823, C-489-817, C-489-834]
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 Countervailing Duty Changed
Circumstances Reviews
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
countervailing duty (CVD) 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 CVD orders on standard pipe, WLP, OCTG, and LDWP.\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, as a result of these determinations,
to: (1) assign it the cash deposit rates currently applicable to BMB
pursuant to Standard Pipe CVD Order, Welded Line Pipe CVD Order, and
OCTG CVD Order; and (2) continue to exclude it from LDWP CVD Order.\2\
In its request, Borusan Boru stated that it undertook an official,
legal name change from Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
(BMB) to Borusan Birle[scedil]ik Boru Fabrikalari Sanayi ve Ticaret
A.S. (Borusan Boru) following the termination of its partnership with
Salzgitter Mannesmann GmbH (Salzgitter) in 2023, but that the company
experienced no significant changes which would impact the extent of its
subsidization.\3\ No interested parties filed comments opposing the CCR
request.
---------------------------------------------------------------------------
\1\ See Countervailing Duty Order: Certain Welded Carbon Steel
Pipe and Tube Products from Turkey, 51 FR 7984 (March 7, 1986)
(Standard Pipe CVD Order); Welded Line Pipe from the Republic of
Turkey: Countervailing Duty Order, 80 FR 75054 (December 1, 2015)
(Welded Line Pipe CVD Order); Certain Oil Country Tubular Goods from
India and the Republic of Turkey: Countervailing Duty Orders and
Amended Affirmative Final Countervailing Duty Determination for
India, 79 FR 53688 (September 10, 2014) (OCTG CVD Order); and Large
Diameter Welded Pipe from the Republic of Turkey: Countervailing
Duty Order, 84 FR 18771 (May 2, 2019) (LDWP CVD 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\ Id. at 4.
---------------------------------------------------------------------------
On February 26, 2024, Commerce published the notice initiating
these CCRs to consider whether Borusan Boru is the successor-in-
interest to BMB.\4\ On April 22, 2024, we issued a supplemental
questionnaire to Borusan Boru, to which we received a timely response
on May 8, 2024.\5\
---------------------------------------------------------------------------
\4\ 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)
(Initiation Notice).
\5\ See Borusan Boru's Letter, ``Supplemental Questionnaire
Response,'' dated May 8, 2024 (Borusan Boru's SQR).
---------------------------------------------------------------------------
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 CVD Order, 51 FR at 7984; Welded Line Pipe
CVD Order, 80 FR at 75054; OCTG CVD Order, 79 FR at 53689l; and LDWP
CVD Order, 84 FR at 18773.
---------------------------------------------------------------------------
[[Page 73362]]
Preliminary Results
In these CCRs, pursuant to section 751(b) of the Act, Commerce
conducted a successor-in-interest analysis. In a CVD CCR, Commerce will
normally make an affirmative successorship finding where there is no
evidence of significant changes in the respondent's operations,
ownership, and corporate or legal structure during the relevant period
(i.e., the ``look-back window'') that could have affected the
respondent's subsidy levels.\7\ Where a significant change has
occurred, Commerce will assess whether that change affects the nature
and extent of the respondent's subsidization and, therefore, whether
the respondent is the same subsidized entity as the predecessor, with
reference to one or more of the following objective criteria: (1)
continuity in the cross-owned or consolidated respondent company's
financial assets and liabilities; (2) continuity in its production and
commercial activities; and (3) continuity in the level of the
government's involvement in the respondent's operations or financial
structure.
---------------------------------------------------------------------------
\7\ See Certain Pasta from Turkey: Preliminary Results of
Countervailing Duty Changed Circumstances Review, 74 FR 47225
(September 15, 2009) (Pasta from T[uuml]rkiye), unchanged in Certain
Pasta from Turkey: Notice of Final Results of Antidumping Duty
Changed Circumstances Review, 74 FR 54022 (October 21, 2009). In
this instance, the relevant look back period is December 31, 2022
(the end of the period of review associated with the most recent
opportunity to request a review), to January 8, 2024 (the date of
Borusan Boru's CCR request).
---------------------------------------------------------------------------
Where Commerce makes an affirmative CVD successorship finding, the
successor's merchandise will be entitled to enter under the
predecessor's cash deposit rate.\8\ Here, as detailed below, there is
no evidence of significant changes between BMB and successor in
interest in Borusan Boru's operations, ownership or corporate or legal
structure during the look back period which could have impacted the
successor in interest company's subsidy levels.\9\ That is, record
evidence indicates that despite significant changes, Borusan Boru
essentially operates as the same subsidized entity as its predecessor
with respect to subject merchandise.
---------------------------------------------------------------------------
\8\ See Notice of Initiation and Preliminary Results of Changed
Circumstances Reviews: Certain Passenger Vehicle and Light Truck
Tires from the People's Republic of China, 85 FR 5193 (January 29,
2020), unchanged in Certain Passenger Vehicle and Light Truck Tires
from the People's Republic of China: Final Results of Changed
Circumstances Reviews, 85 FR 14638 (March 13, 2020).
\9\ See Borusan Boru's CCR Request; and Borusan Boru's SQR.
---------------------------------------------------------------------------
Continuity in Borusan Boru's Ownership
Borusan Boru provided documentation demonstrating that its
ownership was unchanged during the ``look-back window.'' \10\ However,
Borusan Boru stated that the ownership of its majority shareholder, BMB
Holding A.S. (BMBH), changed following the termination of BMBH's
partnership with Salzgitter in November 2023.\11\ According to Borusan
Boru, in Salzgitter's place, Borusan Istikbal Ticaret T.A.S. (Borusan
Istikbal), an existing affiliated company, became one of the owners of
BMBH.\12\ In recent proceedings, Commerce has examined, but did not
attribute to BMB, subsidies received by Borusan Istikbal.\13\
Additionally, Borusan Boru stated that there were no changes with
respect to the Government of T[uuml]rkiye's (GOT) involvement with the
Borusan Group of companies, including Borusan Istikbal.\14\ Therefore,
consistent with Pasta from T[uuml]rkiye, we determine that the
inclusion of Borusan Istikbal in the ownership of BMBH does not
constitute a significant change that could affect the extent of Borusan
Boru's subsidization.
---------------------------------------------------------------------------
\10\ See Borusan Boru's SQR at 2 and Exhibits 14 and 15.
\11\ Id. at 3 and Exhibit 17.
\12\ Id.; see also Borusan Boru's CCR Request at Attachment 6.
\13\ See Circular Welded Carbon Steel Pipes and Tubes from the
Republic of Turkey: Preliminary Results of Countervailing Duty
Administrative Review and Intent To Rescind the Review, in Part;
Calendar Year 2019, 86 FR 29754 (June 3, 2021), and accompanying
Preliminary Decision Memorandum (PDM) at 6-7, unchanged in Circular
Welded Carbon Steel Pipes and Tubes from the Republic of Turkey:
Final Results and Rescission, in Part, of Countervailing Duty
Administrative Review; Calendar Year 2019, 86 FR 67681 (November 29,
2021); see also Oil Country Tubular Goods from the Republic of
Turkey: Preliminary Results of Countervailing Duty Administrative
Review, Rescission in Part, and Intent To Rescind in Part; 2018, 86
FR 7069 (January 26, 2021), and accompanying PDM at 7-8, unchanged
in Oil Country Tubular Goods from the Republic of Turkey: Final
Results and Partial Rescission of Countervailing Duty Administrative
Review; 2018, 88 FR 24842 (May 10, 2021); Circular Welded Carbon
Steel Pipes and Tubes from the Republic of Turkey: Preliminary
Results of Countervailing Duty Administrative Review and Partial
Rescission; Calendar Year 2018, 85 FR 18917 (April 3, 2020), and
accompanying PDM at 8-9 unchanged in Circular Welded Carbon Steel
Pipes and Tubes from the Republic of Turkey: Final Results of
Countervailing Duty Administrative Review; Calendar Year 2018, 86 FR
6866 (January 25, 2021).
\14\ See Borusan Boru's SQR at 1-2 and Exhibits 10-12.
---------------------------------------------------------------------------
Continuity in Borusan Boru's Operations
Borusan Boru provided information demonstrating that there were no
significant changes in its suppliers or customer base during the
``look-back window.'' \15\ Borusan Boru stated that it purchased the
assets of Berg Steel, a U.S. company, during the ``look-back window,''
including production facilities in Mobile, Alabama, and Panama City,
Florida.\16\ As stated in the Initiation Notice, Commerce does not
assign cash deposit rates or calculate subsidy rates for U.S. companies
and we do not measure subsidies received by U.S. companies.\17\
Therefore, we find that this change does not affect the extent of
Borusan Boru's subsidization by the GOT.
---------------------------------------------------------------------------
\15\ Id. at 1-2.
\16\ Id. at 4 and Exhibit 19.
\17\ See Initiation Notice, 89 FR at 14053, footnote 2.
---------------------------------------------------------------------------
Continuity in Borusan Boru's Corporate and Legal Structure
Borusan Boru provided evidence demonstrating that that there were
no significant changes to its legal structure during the ``look-back
window.'' \18\ Therefore, we determine that there were no significant
changes that could have affected Borusan Boru's subsidization levels.
---------------------------------------------------------------------------
\18\ See Borusan Boru's SQR at 3.
---------------------------------------------------------------------------
Thus, record evidence preliminarily indicates that Borusan Boru is
the successor-in-interest to BMB. 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 Borusan Boru provided
in its CCR request and supplemental questionnaire response.
Accordingly, we preliminarily determine the Borusan Boru is
entitled to the same CVD cash deposit rates as its predecessor for
merchandise subject to the Standard Pipe CVD Order, Welded Line Pipe
CVD Order, and OCTG CVD Order. We also preliminarily determine that
Borusan Boru is entitled to its predecessor's exclusion from the LDWP
CVD Order.\19\ Consequently, if this determination is unchanged in the
final results, Commerce intends to instruct U.S. Customs and Border
Protection (CBP) to collect estimated CVDs and suspend liquidation of
all shipments of merchandise subject to the Standard Pipe CVD Order,
Welded Line Pipe CVD Order, and OCTG CVD Order 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.\20\ Further, Commerce
will
[[Page 73363]]
instruct CBP that Borusan Boru is entitled to its predecessor's
exclusion from the LDWP CVD Order for entries of subject merchandise
produced and exported by Borusan Boru. Lastly, the cash deposit
requirements shall remain in effect until further notice.
---------------------------------------------------------------------------
\19\ BMB was excluded from the LDWP CVD Order. See LDWP CVD
Order, 85 FR at 18773.
\20\ The current rate for BMB under the Standard Pipe CVD Order
is 0.83 percent. See Circular Welded Carbon Steel Pipes and Tubes
from the Republic of Turkey: Final Results and Rescission, in Part,
of Countervailing Duty Administrative Review; Calendar Year 2019, 86
FR 67681, 67682 (November 29, 2021). The current rate for BMB under
the Welded Line Pipe CVD Order 0.78 percent. See Welded Line Pipe
from the Republic of Turkey: Final Results of Countervailing Duty
Administrative Review; 2015, 83 FR 34113, 34114 (July 19, 2028). The
current rate for BMB under the OCTG CVD Order is 0.38 percent (de
minimis). See Oil Country Tubular Goods from the Republic of Turkey:
Final Results and Partial Rescission of Countervailing Duty
Administrative Review; 2018, 86 FR 24842 (May 10, 2021).
---------------------------------------------------------------------------
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.\21\ 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.\22\ 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 ACCESS by 5 p.m. Eastern Time on the
day it is due.\23\ Parties should file their case and rebuttal briefs
on the record of each of the four CVD CCRs related to Borusan Boru's
successor-in-interest request.
---------------------------------------------------------------------------
\21\ 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).
\22\ See 19 CFR 351.309(c)(2) and (d)(2).
\23\ 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.\24\ 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).\25\
---------------------------------------------------------------------------
\24\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\25\ See APO and Final Service Rule.
---------------------------------------------------------------------------
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.
Final Results
Consistent with 19 CFR 351.216(e), we will issue the final results
of these CCRs no later than 270 days after the date on which these
reviews were initiated, or within 45 days if all parties to the
proceeding agree to our preliminary determination.
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(c)(3).
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 CVD 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 certain welded carbon
steel pipe and tube with an outside diameter of 0.375 inch or more,
but not over 16 inches, of any wall thickness (pipe and tube) from
Turkey. These products are currently provided for under the
Harmonized Tariff Schedule of the United States (HTSUS) as item
numbers 7306.30.10, 7306.30.50, and 7306.90.10. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the merchandise is dispositive.
The Scope of the CVD Order on Welded Line Pipe from the Republic of
T[uuml]rkiye
The merchandise covered by the order is 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
investigation.
The welded line 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, 7305.11.5000, 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 CVD Order on Certain Oil Tubular Goods from the
Republic of T[uuml]rkiye. The merchandise covered by the order is
oil country tubular goods (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,
[[Page 73364]]
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.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
order is dispositive.
The Scope of the CVD Order on Large Diameter Welded Pipe From the
Republic of T[uuml]rkiye
The merchandise covered by this order is welded carbon and alloy
steel structural pipe (other than stainless steel pipe), more than
406.4 mm (16 inches) in nominal outside diameter (large diameter
welded structural pipe), regardless of wall thickness, length,
surface finish, grade, end finish, or stenciling. Large diameter
welded structural pipe may 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 structural pipe may be 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 structural 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 structural pipe meeting the physical
description set forth above, including any dual- or multiple-
certified/stenciled pipe with an ASTM (or comparable) welded
structural pipe certification/stencil, is covered by the scope of
this order.
Subject merchandise also includes large diameter welded
structural 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 structural pipe.
Excluded from the scope of this order is line pipe which is
suitable for transporting oil, gas, slurry, steam, or other fluids,
liquids, or gases, and is normally produced to American Petroleum
Institute (API) specification 5L or equivalent foreign
specifications grades and/or standards or to proprietary
specifications, grades and/or standards. Also excluded from the
scope are any products covered by the existing countervailing duty
order on welded line pipe from the Republic of Turkey. See Welded
Line Pipe from the Republic of Turkey: Countervailing Duty Order, 80
FR 75054 (December 1, 2015).
The large diameter welded structural pipe that is subject to
this order is currently classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) under subheadings
7305.31.4000, 7305.31.6090, 7305.39.1000 and 7305.39.5000.
Merchandise currently classifiable 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, and 7305.19.5000 and that
otherwise meets the above scope language is also covered. While the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope of this order is dispositive.
[FR Doc. 2024-20397 Filed 9-9-24; 8:45 am]
BILLING CODE 3510-DS-P