[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Notices]
[Pages 11230-11231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03788]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-815]


Light-Walled Rectangular Pipe and Tube From Turkey: Final Results 
of Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that Noksel 
Celik Boru Sanayi A.S. (Noksel) made U.S. sales of light-walled 
rectangular pipe and tube (LWRPT) from Turkey at less than normal value 
during the period of review (POR) i.e., May 1, 2018, through April 30, 
2019.

DATES: Applicable February 24, 2021.

FOR FURTHER INFORMATION CONTACT: Thomas Hanna, AD/CVD Operations, 
Office IV, Enforcement & Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-0835.

SUPPLEMENTARY INFORMATION:

Background

    On July 24, 2020, Commerce published the Preliminary Results for 
the administrative review of the antidumping duty (AD) order covering 
LWRPT from Turkey for the POR, May 1, 2018, through April 30, 2019.\1\ 
On July 21, 2020, Commerce tolled all deadlines in administrative 
reviews by 60 days, thereby extending the deadline for these final 
results until January 19, 2021.\2\ On August 24, 2020, Commerce 
received case briefs from Nucor Tubular Products Inc. (Nucor) and 
Noksel.\3\ On August 31, 2020, Commerce received a rebuttal brief from 
Nucor.\4\ On January 15, 2021, Commerce extended the deadline for these 
final results of review until February 16, 2021.\5\
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    \1\ See 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, 85 FR 44861 (July 24, 2020) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \3\ See Noksel's Letter, ``Light-Walled Rectangular Pipe And 
Tube from Turkey: Noksel's Case Brief,'' dated August 24, 2020; see 
also Nucor's Letter, ``Light-Walled Rectangular Pipe and Tube from 
Turkey: Nucor Tubular's Case Brief and Request to Participate in Any 
Hearing Requested,'' dated August 24, 2020.
    \4\ See Nucor's Letter, ``Light-Walled Rectangular Pipe and Tube 
from Turkey: Nucor Tubular's Rebuttal Brief,'' dated August 31, 
2020.
    \5\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube 
from Turkey: Extension of Deadline for Final Results of Antidumping 
Duty Administrative Review,'' dated January 15, 2021.
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Scope of the Order

    The merchandise covered by the AD 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 complete description of the 
scope of the order, see the Issues and Decision Memorandum.\6\
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    \6\ See Memorandum ``2018-2019 Antidumping Duty Administrative 
Review of Light-Walled Rectangular Pipe and Tube from Turkey: Issues 
and Decision Memorandum for the Final Results,'' dated concurrently 
with this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs 
filed in this administrative review in the Issues and Decision 
Memorandum, which is hereby adopted by this notice. A list of the 
sections in the Issues and Decision Memorandum is in the Appendix to 
this notice. The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    We made the following changes to the preliminary dumping margin 
calculations: (1) We revised the methodology used to assign costs to 
products that were sold during the POR, but not produced during the POR 
(see Comment 3 in the Issues and Decision Memorandum); (2) we included 
international freight and loading expenses in U.S. movement expenses 
(see Comment 4 in the Issues and Decision Memorandum); and (3) we 
calculated indexed costs using theoretical, rather than actual, 
production quantities (see Comment 5 in the Issues and Decision 
Memorandum).

Final Determination of No Shipments

    In the Preliminary Results, we found that the following six 
companies made no shipments of subject merchandise to the United States 
during the POR: (1) [Ccedil]ayirova Boru Sanayi ve Ticaret A.S.; (2) 
Y[uuml]cel Boru ve Profil End[uuml]strisi A.S.; (3) Y[uuml]celboru 
Ihracat Ithalat ve Pazarlama A.S.; (4) Tos[ccedil]elik Profil ve Sac 
End[uuml]strisi A.S.; (5) Tosyali Dis Ticaret A.S.; and (6) Toscelik 
Metal Ticaret A.S.\7\ No parties commented on this determination. For 
the final results of review, we continue to find that these companies 
made no shipments of subject merchandise to the United States during 
the POR.
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    \7\ See Preliminary Results.
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Final Results of Review

    We are assigning following dumping margin to the firm listed below 
for the

[[Page 11231]]

period May 1, 2018, through April 30, 2019:

------------------------------------------------------------------------
                                                               Weighted
                                                               average
                    Producer or exporter                       dumping
                                                                margin
                                                              (percent)
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Noksel Celik Boru Sanayi A.S...............................       35.06
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Disclosure

    Commerce intends to disclose the calculations performed for these 
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

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b)(1), Commerce has determined, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries.\8\ Commerce calculated importer-
specific ad valorem AD assessment rates for Noksel by aggregating for 
each importer identified for the reported sales, the total amount of 
dumping calculated for the sales for which that importer was identified 
and dividing each of these amounts by the total entered value of those 
sales. Commerce will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review where an importer-specific 
assessment rate is not zero or de minimis.
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    \8\ In these final results, Commerce applied the assessment rate 
calculation methodology adopted in Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 
8101 (February 14, 2012).
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    For entries of subject merchandise during the POR produced by 
Noksel for which it did not know its merchandise was destined for the 
United States, and for entries associated with the six companies for 
which Commerce found ``no shipments'' during the POR, Commerce will 
instruct CBP to liquidate such unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transactions.\9\
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    \9\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003).
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    Consistent with its recent notice,\10\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \10\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice of final results of administrative review in 
the Federal Register for all shipments of subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of the notice, as provided by section 751(a)(2)(C) of the 
Act: (1) The cash deposit rate for Noksel is equal to the weighted-
average dumping margin determined in these final results of review; (2) 
for previously reviewed or investigated companies not listed in the 
table above, 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 was not covered in this review, a prior 
completed review, or the investigation, but the producer was covered, 
the cash deposit rate will be the rate established in the most recently 
completed segment of this proceeding for the producer of the subject 
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 investigation in this proceeding.\11\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \11\ 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).
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Notification to Importers Regarding the Reimbursement of Duties

    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 POR entries. Failure to comply with this requirement 
could result in Commerce's presumption that reimbursement of 
antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under an 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 
terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).

    Dated: February 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Sections in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Section 232 Duties
    Comment 2: Noksel's Duty Drawback Adjustment
    Comment 3: Surrogate Costs for Products Sold but Not Produced 
During the Period of Review
    Comment 4: Noksel's Movement Expenses
    Comment 5: Theoretical Quantities to Index Costs
VI. Recommendation

[FR Doc. 2021-03788 Filed 2-23-21; 8:45 am]
BILLING CODE 3510-DS-P