[Federal Register Volume 89, Number 38 (Monday, February 26, 2024)]
[Notices]
[Pages 14052-14053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03856]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501, C-489-502, A-489-822, C-489-823, A-489-816, C-489-817, A-
489-833, C-489-834]


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

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

SUMMARY: The U.S. Department of Commerce (Commerce) is initiating 
changed circumstances reviews (CCRs) to determine if 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 antidumping duty (AD) and 
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 Turkey (Turkey).

DATES: Applicable February 26, 2024.

FOR FURTHER INFORMATION CONTACT: Herawe Kebede, 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) 482-4312.

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

[[Page 14053]]

Register AD and CVD orders on standard pipe, WLP, OCTG, and LDWP from 
Turkey.\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 CCRs 
to determine that Borusan Boru is the successor-in-interest to BMB and 
accordingly to: (1) assign it the cash deposit rates currently 
applicable to BMB pursuant to Standard Pipe AD Order; Standard Pipe CVD 
Order; Welded Line Pipe AD Order; Welded Line Pipe CVD Order; and OCTG 
CVD Order; and (2) exclude it from OCTG AD Order; LDWP AD Order; and 
LDWP CVD Order.\2\ In its submission, Borusan Boru stated that in 2023 
it changed its name from BMB pursuant to the termination of its 
partnership with Salzgitter Mannesmann GmbH.\3\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order; Welded Carbon Steel Standard 
Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986) 
(Standard Pipe AD Order); 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 Korea and the Republic of Turkey: Antidumping Duty 
Orders, 80 FR 75056 (December 1, 2015) (Welded Line Pipe AD 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, the Republic of Korea, 
Taiwan, the Republic of Turkey, and the Socialist Republic of 
Vietnam: Antidumping Duty Orders; and Certain Oil Country Tubular 
Goods from the Socialist Republic of Vietnam: Amended Final 
Determination of Sales at Less Than Fair Value, 79 FR 53691, 53693 
(September 10, 2014) (OCTG AD 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); 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) (LDWP AD 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 Boruson Mannesmann Pipe U.S.,'' dated January 8, 2024 
(Borusan Boru's CCR Request). In Borusan Boru's CCR Request, Borusan 
Boru also requested that Commerce conduct a CCR to determine if 
Borusan Mannesmann Pipe U.S. is the successor-in-interest to Borusan 
Pipe U.S. Inc. However, because we do not assign cash deposit rates 
to U.S. companies, we do not intend to conduct this analysis.
    \3\ Id.
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise covered by these orders is standard pipe, WLP, 
OCTG, and LDWP from Turkey. For a complete description of the scope of 
each of these orders, see Standard Pipe AD Order; Standard Pipe CVD 
Order; Welded Line Pipe AD Order; Welded Line Pipe CVD Order; OCTG AD 
Order; OCTG CVD Order; LDWP AD Order; and LDWP CVD Order.\4\
---------------------------------------------------------------------------

    \4\ See Standard Pipe AD Order, 51 FR at 17784; Standard Pipe 
CVD Order, 51 FR at 7984; Welded Line Pipe AD Order, 80 FR at 75056-
57; Welded Line Pipe CVD Order, 80 FR at 75054; OCTG AD Order, 79 FR 
at 53691-92; OCTG CVD Order, 79 FR at 53689; LDWP AD Order, 84 FR at 
18801; and LDWP CVD Order, 84 FR at 18773.
---------------------------------------------------------------------------

Initiation of CCRs

    Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d), 
Commerce conducts a CCR upon receipt of information concerning, or a 
request from, an interested party for a review of an AD or CVD order 
which shows changed circumstances sufficient to warrant a review of the 
order. The information submitted by Borusan Boru regarding its claim 
that it is the successor-in-interest to BMB demonstrates changed 
circumstances sufficient to warrant the initiation of such reviews.\5\ 
Therefore, in accordance with section 751(b)(1)(A) of the Act and 19 
CFR 351.216(d) and (e), we are initiating these CCRs.
---------------------------------------------------------------------------

    \5\ See Borusan Boru's CCR Request.
---------------------------------------------------------------------------

    In making a successor-in-interest determination, Commerce examines 
several factors, including, but not limited to, changes in the 
following: (1) management; (2) production facilities; (3) supplier 
relationships; and (4) customer base.\6\ While no single factor or 
combination of factors will necessarily provide a dispositive 
indication of a successor-in-interest relationship, generally, Commerce 
will consider the new company to be the successor to the previous 
company if the new company's resulting operation is not materially 
dissimilar to that of its predecessor.\7\ Thus, if the record evidence 
demonstrates that, with respect to the production and sale of the 
subject merchandise, the new company operates as the same business 
entity as the predecessor company, Commerce may assign the new company 
the cash deposit rate of its predecessor.\8\
---------------------------------------------------------------------------

    \6\ See, e.g., Certain Frozen Warmwater Shrimp from India: 
Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review, 81 FR 75376 (October 31, 2016) (Shrimp from 
India Preliminary Results), unchanged in Certain Frozen Warmwater 
Shrimp from India: Notice of Final Results of Antidumping Duty 
Changed Circumstances Review, 81 FR 90774 (December 15, 2016) 
(Shrimp from India Final Results).
    \7\ See, e.g., Shrimp from India Preliminary Results, 81 FR at 
75377, unchanged in Shrimp from India Final Results, 81 FR at 90774.
    \8\ Id.; see also Notice of Final Results of Changed 
Circumstances Antidumping Duty Administrative Review: 
Polychloroprene Rubber from Japan, 67 FR 58, 59 (January 2, 2002); 
Ball Bearings and Parts Thereof from France: Final Results of 
Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010); 
and Circular Welded Non-Alloy Steel Pipe from the Republic of Korea; 
Preliminary Results of Antidumping Duty Changed Circumstances 
Review, 63 FR 14679 (March 26, 1998), unchanged in Circular Welded 
Non-Alloy Steel Pipe from Korea; Final Results of Antidumping Duty 
Changed Circumstances Review, 63 FR 20572 (April 27, 1998), in which 
Commerce found that a company which only changed its name and did 
not change its operations is a successor-in-interest to the company 
before it changed its name.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.221(c)(3)(ii), Commerce may combine the 
notices of initiation and preliminary results of a CCR into a single 
notice if it concludes that expedited action is warranted. We have 
determined that it is appropriate to further consider, and potentially 
seek additional information regarding, certain factors noted above that 
Commerce examines in a successor-in-interest determination. Therefore, 
we find that expedited action is not warranted. Commerce intends to 
make its preliminary determinations and to publish in the Federal 
Register a notice of the preliminary results of these CCRs, in 
accordance with 19 CFR 351.221(b)(4) and (c)(3)(i), which will set 
forth Commerce's preliminary factual and legal conclusions. Pursuant to 
19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity 
to comment on the preliminary results.
    Unless extended, Commerce intends to issue the final results of 
this CCR within 270 days after the date of initiation, in accordance 
with 19 CFR 351.216(e).

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(b)(1).

    Dated: February 20, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2024-03856 Filed 2-23-24; 8:45 am]
BILLING CODE 3510-DS-P