[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Notices]
[Pages 44861-44863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16072]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-815]
Light-Walled Rectangular Pipe and Tube From Turkey: Preliminary
Results of Antidumping Duty Administrative Review, Partial Rescission,
and Preliminary Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of light-walled rectangular pipe and tube (LWRPT) were made
at prices below normal value during the period of review (POR) May 1,
2018 through April 30, 2019. Interested parties are invited to comment
on these preliminary results.
DATES: Applicable July 24, 2020.
FOR FURTHER INFORMATION CONTACT: Thomas Hanna, 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) 482-0835.
SUPPLEMENTARY INFORMATION:
Background
On May 31, 2019, domestic interested parties Independence Tube
Corporation and Southland Tube (collectively, Nucor) requested an
administrative review of eleven companies under the antidumping duty
(AD) order on LWRPT from Turkey.\1\ On July 15, 2019, Commerce
published a notice initiating an administrative review of the AD order
on LWRPT from Turkey covering these eleven companies for the POR.\2\ On
July 30, 2019, Commerce selected Agir Haddecilik A.S. (Agir) and Noksel
Celik Boru Sanayi A.S. (Noksel) as mandatory respondents.\3\ On October
15, 2019, Nucor timely withdrew its request for an administrative
review of four companies, including Agir.\4\ Eight companies claimed
that they made no shipments of subject merchandise to the United States
during the POR, including
[[Page 44862]]
two companies for which Nucor has withdrawn its request for this
review.\5\
---------------------------------------------------------------------------
\1\ See Nucor's Letter, ``Light-Walled Rectangular Pipe and Tube
from Turkey: Request for Administrative Review,'' dated May 31,
2019.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 33739 (July 15, 2019).
\3\ See Commerce's Letters to Agir and Noksel dated July 30,
2019 (Initial Questionnaire).
\4\ See Nucor's Letter, ``Light-Walled Rectangular Pipe and Tube
from Turkey: Partial Withdrawal of Request for Administrative
Review,'' dated October 15, 2019.
\5\ See Cinar Boru Profil Sanayi ve Ticaret Anonim Sirketi's
Letter, ``Light-Walled Rectangular Pipe and Tube from Turkey (A-489-
815),'' dated June 26, 2019; Ozdemir Boru Profil Sanayi ve Ticaret
Ltd Sti's Letter, ``Light-Walled Rectangular Pipe and Tube from
Turkey (A-489-815): Antidumping Duty Administrative Review (5/1/18-
4/30/19),'' dated July 22, 2019; [Ccedil]ayirova Boru Sanayi ve
Ticaret A.[Scedil]., Y[uuml]cel Boru ve Profil End[uuml]strisi
A.[Scedil]., and Y[uuml]celboru Ihracat Ithalat ve Pazarlama
A.[Scedil].'s Letter, ``Light-walled rectangular pipe from Turkey;
Yucel no shipments letter,'' dated August 10, 2019; and
Tos[ccedil]elik Profil ve Sac End[uuml]strisi A.S., Tosyali Dis
Ticaret A.S. and Toscelik Metal Ticaret A.[Scedil].'s Letter,
``Light-walled rectangular pipe from Turkey; Yucel no shipments
letter,'' dated August 10, 2019.
---------------------------------------------------------------------------
On January 6, 2020, Commerce extended the deadline for issuing the
preliminary results of this review from January 31, 2020 to May 29,
2020.\6\ On April 24, 2020, Commerce tolled all deadlines in
administrative reviews by 50 days, thereby extending the deadline for
these preliminary results until July 20, 2020.\7\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube
from Turkey: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated January 6, 2020.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the antidumping order is certain welded
carbon quality light-walled steel pipe and tube, of rectangular
(including square) cross section, having a wall thickness of less than
4 millimeters. The merchandise subject to the order is classified in
the Harmonized Tariff Schedule of the United States at subheadings
7306.61.50.00 and 7306.61.70.60. For a full description of the scope of
the order, see the Preliminary Decision Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the Antidumping Duty Administrative Review: Light-Walled
Rectangular Pipe and Tube from Turkey; 2018-2019,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export prices
have been calculated in accordance with section 772 of the Act. Normal
value was calculated in accordance with section 773 of the Act. For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. A list of topics discussed in the
Preliminary Decision Memorandum is provided in the appendix 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 http://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn/. The signed
and electronic versions of the Preliminary Decision Memorandum are
identical in content.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party or parties
that requested a review withdraws their request(s) within 90 days of
the publication date of the notice of initiation of the requested
review. On October 15, 2019, Nucor timely withdrew its request for an
administrative review of Agir, Cinar Boru Profil Sanayi ve Ticaret
A.S., MTS Lojistik ve Tasimacilik Hizmetleri Ticaret A.S., and Ozdemir
Boru Profil Sanayi ve Ticaret Ltd Sti.\9\ Because Nucor timely withdrew
its request for a review of these four companies, and no other parties
requested a review of these companies, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this review of the AD order on
LWRPT from Turkey with respect to these four companies.
---------------------------------------------------------------------------
\9\ See Nucor's Letter, ``Light-Walled Rectangular Pipe and Tube
from Turkey: Partial Withdrawal of Request for Administrative
Review,'' dated October 15, 2019.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Six companies for which this review is ongoing have claimed that
each company had no entries of subject merchandise during the POR.
Commerce sent its standard inquiry to U.S. Customs and Border
Protection (CBP) requesting information which may contradict these
claims. CBP has provided no information in response to Commerce's
inquiries that contradicted the claims of six of the companies still
under review which claimed to have made no shipments of subject
merchandise to the United States during the POR. Therefore, Commerce
preliminarily determines that these six companies had no entries of
subject merchandise during the POR.\10\ For additional information
regarding this determination, see the Preliminary Decision Memorandum.
Consistent with Commerce's practice in a market economy proceeding,
Commerce is not rescinding this administrative review, in part, with
respect to these six companies, but intends to complete the review with
respect to the companies for which it has preliminarily found no
shipments and to issue appropriate liquidation instructions to CBP
based on the final results of the review.\11\
---------------------------------------------------------------------------
\10\ The six companies are: (1) Cayirova Boru Sanayi ve Ticaret
A.S.; (2) Yucel Boru ve Profil Endustrisi A.S.; (3) Yucelboru
Ihracat Ithalat ve Pazarlama A.S.; (4) Toscelik Profil ve Sac
Endustrisi A.S.; (5) Tosyali Dis Ticaret A.S.; and (6) Toscelik
Metal Ticaret A.S.
\11\ See, e.g., Welded Carbon Steel Standard Pipe and Tube
Products From Turkey: Preliminary Results of Antidumping Duty
Administrative Review; 2013-2014, 80 FR 32090, 32091 (June 5, 2015),
unchanged in Welded Carbon Steel Standard Pipe and Tube Products
From Turkey: Final Results of Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2013-2014, 80 FR 76674
(December 10, 2015).
---------------------------------------------------------------------------
Preliminary Results of Review
Commerce preliminarily determines the following weighted-average
dumping margin exists for the period May 1, 2018 through April 30,
2019:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Noksel Celik Boru Sanayi A.S. (Noksel)...................... 23.39
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations used in its analysis
to interested parties in this review within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties are invited to comment on the preliminary
results of this review. Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs 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 no later than seven days
after the time limit for filing case briefs.\12\ Parties who submit
case briefs or rebuttal briefs in this proceeding are requested to
submit with each brief: (1) A statement of the issue, (2) a brief
summary of the argument, and (3) a table of authorities.\13\ Executive
summaries should be limited to five pages total, including
footnotes.\14\ Case and rebuttal briefs should be filed using
ACCESS.\15\ Note that Commerce has temporarily
[[Page 44863]]
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\16\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ Id.
\15\ See 19 CFR 351.303.
\16\ See Temporary Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of the publication of this notice in the Federal
Register. If a hearing is requested, Commerce will notify interested
parties of the hearing date and time to be determined. 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 within 30 days after the date of publication
of this notice. Requests should contain: (1) The party's name, address,
and telephone number; (2) the number of hearing participants; and (3) a
list of the issues to be discussed in the hearing. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs.
We intend to issue the final results of this administrative review,
including the results of our analysis of issues raised by the parties
in the written comments, within 120 days of publication of these
preliminary results in the Federal Register, unless otherwise
extended.\17\
---------------------------------------------------------------------------
\17\ See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
---------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries in
accordance with 19 CFR 351.212(b)(1). We will calculate importer-
specific assessment rates equal to the ratio of the total amount of
dumping calculated for examined U.S. sales of merchandise imported by a
particular importer to the total entered value of the reported U.S.
sales in accordance with 19 CFR 351.212(b)(1).\18\ Where the
respondent's weighted-average dumping margin is zero or de minimis, or
an importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.\19\ The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise under review and for future cash deposits of estimated
antidumping duties, where applicable.\20\
---------------------------------------------------------------------------
\18\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\19\ See Final Modification for Reviews, 77 FR at 8103; see also
19 CFR 351.106(c)(2).
\20\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
For entries of subject merchandise during the POR produced by the
respondent for which it did not know that its merchandise was destined
for the United States, we will instruct CBP to liquidate such entries
at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
We intend to issue liquidation instructions to CBP 15 days after
the date of publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of LWRPT from Turkey entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the notice 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 Noksel
will be equal to the weighted-average dumping margin established in the
final results of this review (except, if the rate is zero or de
minimis, then no cash deposit will be required); (2) for merchandise
exported by a producer or exporter not covered in this review but
covered in a prior 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 in which the producer or
exporter was included; (3) if the exporter is not a firm covered in
this review, a prior review, or the less-than-fair-value investigation,
but the producer is, the cash deposit rate will be the rate established
in the most recently completed segment of the proceeding for the
producer of the merchandise; and (4) the cash deposit rate for all
other producers or exporters will continue to be 27.04 percent ad
valorem, the all-others rate established in the less-than-fair-value
investigation.\21\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\21\ See Notice of Final Determination of Sales at Less Than
Fair Value: Light-Walled Rectangular Pipe and Tube from Turkey, 73
FR 19814 (April 11, 2008).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a preliminary 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 review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.213(h)(1).
Dated: July 20, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2020-16072 Filed 7-23-20; 8:45 am]
BILLING CODE 3510-DS-P