[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61504-61506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19204]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-833]


Large Diameter Welded Pipe From the Republic of Turkey: Final 
Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines large 
diameter welded pipe (welded pipe) from the Republic of Turkey (Turkey) 
is not being sold in the United States at less than normal value during 
the period of review (POR) May 1, 2021, through April 30, 2022. 
Additionally, Commerce determines that four companies for which we 
initiated a review had no shipments during the POR.

[[Page 61505]]


DATES: Applicable September 7, 2023.

FOR FURTHER INFORMATION CONTACT: Ajay 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 September 1, 2022, Commerce published the Preliminary Results 
and invited comments from interested parties.\1\ No interested party 
submitted comments. Accordingly, as the final results remain unchanged 
from the Preliminary Results, there is no decision memorandum 
accompanying this notice. Commerce conducted this administrative review 
in accordance with section 751 of the Tariff Act of 1930, as amended 
(the Act).
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    \1\ See Large Diameter Welded Pipe from the Republic of Turkey: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2021-2022, 88 FR 37017 
(June 6, 2023) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum (PDM).
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Scope of the Order \2\
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    \2\ See Large Diameter Welded Pipe from the Republic of Turkey: 
Amended Final Affirmative Antidumping Duty Determination and 
Antidumping Duty Order, 84 FR 18799 (May 2, 2019) (Order).
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    The merchandise covered by this Order is welded pipe. For a 
complete description of the scope of the Order, see the Preliminary 
Results.\3\
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    \3\ See Preliminary Results PDM at 3.
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Rate for Companies Not Selected for Individual Examination

    The Act and Commerce's regulations do not address the establishment 
of a rate to be applied to companies not selected for individual 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in an investigation, for guidance when 
calculating the rate for companies which were not selected for 
individual examination in an administrative review. Under section 
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount 
equal to the weighted average of the estimated weighted average dumping 
margins established for exporters and producers individually 
investigated, excluding any zero or de minimis margins, and any margins 
determined entirely {on the basis of facts available{time} .''
    For these final results, we continue to determine that the 
weighted-average dumping margin for HDM Celik is zero percent. 
Therefore, consistent with our practice, we are applying a rate of zero 
percent to the companies not selected for individual examination 
because we calculated a rate of zero percent for the mandatory 
respondent.\4\ The companies not selected for individual examination 
are listed in the Appendix to this notice.
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    \4\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016).
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Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that four companies 
did not have suspended entries of subject merchandise during the 
POR.\5\ No parties commented on Commerce's preliminary no-shipments 
determination. Therefore, for these final results, we continue to 
determine that Cimtas, Noksel, Toscelik Profil, and Toscelik Spiral had 
no shipments of subject merchandise during the POR.
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    \5\ See Preliminary Results, 88 FR at 37017. These four 
companies are [Ccedil]imta[scedil] Boru Imalatiral Ticaret Ltd 
(Cimtas); Noksel Celik Boru Sanayi A.S. (Noksel); and Toscelik 
Profil ve Sac End. A.S. (AKA Toscelik Profile and Sheet Ind. Co.) 
(Toscelik Profil) and Toscelik Spiral Boru Uretim A.S. (Toscelik 
Spiral).
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Final Results of Review

    For these final results, we determine that the following weighted-
average dumping margins exist for the period May 1, 2021, through April 
30, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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HDM Celik Boru Sanayi Ve Ticaret A.S........................        0.00
Companies Not Selected for Individual Examination...........        0.00
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Disclosure

    Normally, Commerce will disclose to the parties in a proceeding the 
calculations performed in connection with the final results of review 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of the notice 
of final results in the Federal Register, in accordance with 19 CFR 
351.224(b). However, because we have made no changes from the 
Preliminary Results, there are no new calculations to disclose.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of 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 of subject merchandise in accordance with the final results of 
this review. 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).
    Commerce calculated a weighted-average dumping margin for HDM Celik 
of zero in the final results of this review. Accordingly, we intend to 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties. For entries of subject merchandise during the POR 
produced by HDM Celik and for which HDM Celik did not know its 
merchandise was destined for the United States, we will instruct CBP to 
liquidate unreviewed entries at the all-others rate in the Amended 
Final Determination of the less-than-fair-value investigation (i.e., 
1.57 percent),\6\ if there is no rate for the intermediate company(ies) 
involved in the transaction.\7\
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    \6\ See Large Diameter Welded Pipe from the Republic of Turkey: 
Notice of Court Decision Not in Harmony With Amended Final 
Determination in the Less-Than-Fair-Value Investigation; Notice of 
Amended Final Determination Pursuant to Court Decision; and Notice 
of Revocation of Antidumping Duty Order, in Part, 85 FR 35262, 35263 
(June 9, 2020) (Amended Final Determination).
    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies that were not selected for individual examination 
in this review, we have assigned them the weighted-average dumping 
margin calculated for HDM Celik (i.e., zero percent). Accordingly, we 
will instruct CBP to liquidate suspended entries during the POR for 
these companies without regard to antidumping duties. Finally, because 
we determined that Cimtas, Noksel, Toscelik Profil, and Toscelik Spiral 
had no shipments of subject merchandise during the POR, we will 
instruct CBP to liquidate any suspended entries that entered under 
their antidumping duty case numbers at the all-others rate, if there is 
no rate for the intermediate company(ies) involved in the transaction.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of these final results of 
administrative review for all shipments of the subject

[[Page 61506]]

merchandise entered, or withdrawn from warehouse, for consumption on or 
after the publication date, as provided by section 751(a)(2)(C) of the 
Act: (1) the cash deposit rate for the companies listed in the final 
results of review will be zero; (2) for previously reviewed or 
investigated companies not covered by this review, the cash deposit 
will continue to be the company-specific rate published for the most 
recently completed segment of this proceeding in which the company 
participated; (3) if the exporter is not a firm covered in this review, 
or the original investigation, but the producer is, then the cash 
deposit rate will be the rate established for the most recently 
completed segment for the producer of the subject merchandise; and (4) 
the cash deposit rate for all other producers and exporters will 
continue to be 1.57 percent, the all-others rate established in the 
Amended Final Determination.\8\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \8\ See Amended Final Determination, 85 FR at 35263.
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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 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.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (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 terms of an APO 
is a sanctionable violation.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).

    Dated: August 30, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Companies Not Selected for Individual Examination

1. Borusan Mannesmann Boru Sanayi ve Ticaret A.S.\9\
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    \9\ Subject merchandise produced and exported by Borusan 
Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan) was excluded from 
the order effective June 1, 2020. See Amended Final Determination, 
85 FR at 35264. Commerce also stated in this notice that it would 
not initiate a new review of Borusan's entries. Accordingly, Borusan 
is only covered by this administrative review for subject 
merchandise produced in Turkey where Borusan acted as either the 
producer or exporter, but not both.
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2. Borusan Istikbal Ticaret
3. Cagil Makina San ve Tic A.S. AKA Cagil Makina A.S.
4. Spirally Welded Steel Pipe Inc.
5. Emek Boru Makina Sanayi ve Ticaret A.S.
6. Erciyas Celik Boru Sanayi A.S.
7. Mazlum Mangtay Boru Son. Ins. Tar. Urn. San. ve Tic. A.S.
8. Ozbal Celik Boru San. Tic. Ve TAAH A.S.
9. Umran Celik Boru Sanayii A.S.

[FR Doc. 2023-19204 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-DS-P