[Federal Register Volume 85, Number 44 (Thursday, March 5, 2020)]
[Notices]
[Pages 12893-12894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04512]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Circular Welded Carbon Steel Standard Pipe and Tube Products From
Turkey: Amended Final Results of Antidumping Duty Administrative
Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending its final
results of the administrative review of the antidumping duty order on
circular welded carbon steel standard pipe and tube products (pipes and
tubes) from Turkey. The period of review (POR) is May 1, 2017 through
April 30, 2018. The amended final weighted-average dumping margins are
listed below in the section entitled ``Amended Final Results.''
DATES: Applicable March 5, 2020.
FOR FURTHER INFORMATION CONTACT: Magd Zalok, AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-4162.
SUPPLEMENTARY INFORMATION:
Background
On January 22, 2020, Commerce published the Final Results of the
2017-2018 administrative review in the Federal Register.\1\ Borusan
Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan), a mandatory
respondent in this administrative review, timely filed a ministerial
error allegation concerning the Final Results and requested, pursuant
to 19 CFR 351.224, that Commerce correct the alleged ministerial
error.\2\ On January 22, 2020, Borusan filed a complaint with the U.S.
Court of International Trade (CIT) challenging the Final Results. On
February 3, 2020, Commerce sought leave from the CIT to address the
ministerial error allegation involving the Final Results. On February
4, 2020, the CIT granted Commerce's request.
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\1\ See Circular Welded Carbon Steel Standard Pipe and Tube
Products from Turkey: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2017-
2018, 85 FR 3616 (January 22, 2020) (Final Results), and
accompanying Issues and Decision Memorandum.
\2\ See Borusan's Letter, ``Circular Welded Carbon Steel Pipes
and Tubes from Turkey, Case No. A-489-501: Borusan's Ministerial
Error Comments,'' dated January 21, 2020 (Borusan's Ministerial
Error Comments).
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Scope of the Order
The products covered by this order are welded carbon steel standard
pipe and tube products with an outside diameter of 0.375 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: 7306.30.10.00, 7306.30.50.25,
7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and
7306.30.50.90. Although the HTSUS subheading is provided for
convenience and customs purposes, the written description of the
merchandise under investigation 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.
Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines ``ministerial errors'' as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the administering authority considers
ministerial.'' \3\ With respect to final results of an administrative
review, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any ministerial error by
amending . . . the final results of review . . . .''
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\3\ See 19 CFR 351.224(f).
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Ministerial Error Allegation
In its ministerial error allegation, Borusan argues that Commerce
set the incorrect beginning window period for matching home market and
U.S. sales in Commerce's margin program.\4\ Accordingly, Borusan argues
Commerce should correct the beginning window period date to three
months preceding the earliest U.S. date of sale for merchandise
entering the United States during the POR, consistent with 19 CFR
351.414(f).\5\
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\4\ See Borusan's Ministerial Error Comments.
\5\ Id.
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We agree with Borusan that Commerce committed an inadvertent error
within the meaning of section 735(e) of the Act and 19 CFR 351.224(f)
when setting the beginning window period date for U.S. sales in our
margin program. Consistent with 19 CFR 351.414(f), we intended to set
the beginning window period date to three months preceding the earliest
U.S. date of sale for merchandise entering the United States during the
POR.
Amended Final Results
After analyzing Borusan's comments, we have determined, in
accordance with section 751(h) of the Act and 19 CFR 351.224(f), that
we made a ministerial error in the Final Results with respect to
Borusan's margin programming.\6\ For a detailed discussion of this
ministerial error, as well as Commerce's analysis of this error, see
the Ministerial Error Memorandum.
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\6\ See Memorandum, ``2017-2018 Administrative Review of the
Antidumping Duty Order on Circular Welded Carbon Steel Standard Pipe
and Tube Products from Turkey: Allegation of Ministerial Errors in
the Final Results,'' dated concurrently with this Federal Register
notice (Ministerial Error Memorandum).
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In accordance with section 751(h) of the Act and 19 CFR 351.224(e),
we are amending the Final Results of this administrative review of
pipes and tubes from Turkey. As a result of correcting the ministerial
error, we determined that the dumping margin calculated for Borusan and
the non-selected companies \7\ in these amended final results is as
follows:
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\7\ Consistent with the Final Results, Commerce assigns to the
companies not individually examined (i.e., Kale Baglanti
Teknolojileri San. ve Tic.; Noksel Selik Boru Sanayi A.S.; and Cinar
Boru Profil San. ve Tic. As) the weighted average dumping margin
calculated for Borusan in these amended final results, because it is
the only calculated weighted-average dumping margin that is not
zero, de minimis, or determined entirely on the basis of facts
available.
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Borusan Mannesmann Boru Sanayi ve Ticaret A.S............... 8.48
[[Page 12894]]
Kale Baglanti Teknolojileri San. ve Tic..................... 8.48
Noksel Selik Boru Sanayi A.S................................ 8.48
Cinar Boru Profil San. ve Tic. As........................... 8.48
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Disclosure
Commerce intends to disclose the calculations performed for these
amended final results of review within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rates
Commerce shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries. The
ministerial error corrections resulted in an 8.48 percent margin for
the companies not individually examined: Kale Baglanti Teknolojileri
San. ve Tic., Noksel Selik Boru Sanayi A.S., and Cinar Boru Profil San.
ve Tic. As. Accordingly, we will instruct CBP to liquidate the
appropriate entries at the non-individually examined rate, i.e., 8.48
percent.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent for which it did not know that its merchandise was destined
for the United States, we will instruct CBP to liquidate unreviewed
entries at the all-others rate, i.e., 14.74 percent, from the less-
than-fair-value (LTFV) investigation as modified by the section 129
determination,\8\ if there is no rate for the intermediate company(ies)
involved in the transaction.\9\
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\8\ See Implementation of the Findings of the WTO Panel in US--
Zeroing (EC): Notice of Determinations Under Section 129 of the
Uruguay Round Agreements Act and Revocations and Partial Revocations
of Certain Antidumping Duty Orders, 72 FR 25261 (May 4, 2007).
\9\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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On January 23, 2020, the CIT issued a preliminary injunction
prohibiting the assessment of duties on entries of subject merchandise
produced and/or exported by Borusan starting January 23, 2020.
Accordingly, Commerce will not order CBP to assess antidumping duties
on entries of that merchandise while the preliminary injunction is in
place.
Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively for all shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the January 22,
2020, the date of publication of the Final Results of this
administrative review, as provided for by section 751(a)(2)(C) of the
Act: (1) The cash deposit rate for the company under review will be
equal to the weighted-average dumping margin established in the amended
final results of this review; (2) for merchandise exported by producers
or exporters not covered in this administrative review but covered in a
prior completed segment of the proceeding, the cash deposit rate will
continue to be the company-specific rate published for the most
recently completed segment of this proceeding; (3) if the exporter is
not a firm covered in this review or another completed segment of this
proceeding, but the manufacturer is, then the cash deposit rate will be
the rate established for the most recently completed segment of this
proceeding for the manufacturer of the merchandise; and (4) if neither
the exporter nor the manufacturer is a firm covered in this or any
previously completed segment of this proceeding, then the cash deposit
rate will be the all-others rate of 14.74 percent established in the
LTFV investigation.\10\
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\10\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986).
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
APO of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
These amended final results and notice are issued and published in
accordance with sections 751(h) and 777(i) of the Act, and 19 CFR
351.224(e).
Dated: February 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-04512 Filed 3-4-20; 8:45 am]
BILLING CODE 3510-DS-P