Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices 33655 

1See 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). 2See Circular Welded Carbon Steel Standard Pipe 

and Tube Products from Turkey: Amended Final 

Results of Antidumping Duty Administrative 

Review; 2017–2018, 85 FR 12,893 (March 5, 2020) 

(Amended Final Results). 3See Borusan Mannesmann Boru Sanayi Ve 

Ticaret A.S ̧. and Borusan Mannesmann Pipe U.S. 

Inc., v. United States, Court No. 20–00015, Slip Op. 

21–18 (CIT February 17, 2021) (Borusan) at 19. 4See Borusan at 17. 5 Id. at 17–19. 6See Commerce’s Final Results of 

Redetermination Pursuant to Court Order, Borusan 

Mannesmann Boru Sanayi Ve Ticaret A.S ̧. and 

Borusan Mannesmann Pipe U.S. Inc. v. United 

States, Court No. 20–00015, Slip Op. 21–18, dated 

April 18, 2021. 

7 Id. 

8See Borusan Mannesmann Boru Sanayi Ve 

Ticaret A.S. v. United States, Court No. 20–00015, 

Slip Op. 21–75 (CIT June 16, 2021) (Borusan 

Mannesmann). 

9See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

10See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (DiamondSawblades). 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–489–501] 

Circular Welded Carbon Steel Standard 

Pipe and Tube Products From Turkey: 

Notice of Court Decision Not in 

Harmony With the Results of the 2017– 

2018 Antidumping Duty Administrative 

Review; Notice of Amended Final 

Results 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On June 16, 2021, the U.S. 

Court of International Trade (CIT or 

Court) issued its final judgment in the 

2017–2018 antidumping duty 

administrative review of circular 

welded carbon steel standard pipe and 

tube products from Turkey, Court no. 

20–00015, sustaining the Department of 

Commerce (Commerce) first remand 

results pertaining to the administrative 

review of the antidumping duty (AD) 

order on circular welded carbon steel 

standard pipe and tube products from 

Turkey covering the period of review 

(POR), May 1, 2017, through April 30, 

2018. Commerce is notifying the public 

that the CIT’s final judgment is not in 

harmony with Commerce’s final results 

of the administrative review, and that 

Commerce is amending the final results 

with respect to the dumping margin 

assigned to Borusan Istikbal Ticaret 

T.A.S. and Borusan Mannesmann Boru 

Sanayi ve Ticaret A.S. 

DATES: Applicable June 26, 2021. 

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 its Final Results in the 2017– 

2018 AD administrative review of 

circular welded carbon steel standard 

pipe and tube products from Turkey. 

Commerce calculated a weightedaverage dumping margin of 9.99 percent 

for Borusan Istikbal Ticaret T.A.S. and 

Borusan Mannesmann Boru Sanayi ve 

Ticaret A.S. (collectively, Borusan).1

After correcting ministerial errors 

contained in the Final Results, on March 

5, 2020, Commerce published the 

Amended Final Results, with an 

amended weighted-average dumping 

margin of 8.48 percent.2

Borusan appealed Commerce’s 

Amended Final Results. On February 

17, 2021, the CIT remanded the 

Amended Final Results to Commerce, 

ordering Commerce to ‘‘eliminate any 

adjustment to {cost of production} 

based on a {particular market situation 

(PMS)} in the sales-below-cost test.’’ 3

Also, while the CIT in Borusan 

sustained Commerce’s decision that the 

constructed export price (CEP) and 

export price (EP) may be reduced by 

section 232 duties paid,4 the CIT 

ordered Commerce to reweigh all of the 

evidence, including any relevant sales 

data, with respect to the reduction of 

CEP by section 232 duties paid, 

‘‘applying normal decision-making tools 

without an adverse inference.’’ 5

In its final remand redetermination, 

issued in April 2021, Commerce stated 

that it continues to find that a PMS 

existed in Turkey during the POR that 

distorted the price of hot-rolled coil, the 

principle material input for the 

production of the subject merchandise 

and significant component of the cost of 

production of the subject merchandise. 

Nevertheless, because the CIT has 

directed Commerce not to make an 

adjustment to Borusan’s cost of 

production for purposes of the salesbelow-cost test, under respectful protest, 

we recalculated Borusan’s weightedaverage dumping margin with no PMS 

adjustment to Borusan’s cost of 

production for purposes of the salesbelow-cost test.6

Moreover, pursuant to the CIT order 

that Commerce reweigh all of the 

evidence, including any relevant sales 

data, with respect to the reduction of 

CEP by section 232 duties paid, without 

applying an adverse inference, we reexamined the information on the record. 

Based on record evidence, we 

determined that section 232 duties 

should not be deducted from CEP sales, 

because the CEP shipment on which 

section 232 duties were paid, shortly 

before the end of the POR, did not 

include products that Borusan sold 

between the shipment entry date and 

the end of the POR.7 On June 16, 2021, 

the CIT sustained Commerce’s final 

redetermination with regards to both 

issues.8

Timken Notice 

In its decision in Timken,9 as clarified 

by Diamond Sawblades,10 the U.S. 

Court of Appeals for the Federal Circuit 

held that, pursuant to section 516A(c) 

and (e) of the Tariff Act of 1930, as 

amended (the Act), Commerce must 

publish a notice of court decision that 

is not ‘‘in harmony’’ with a Commerce 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision. The CIT’s 

June 16, 2021, judgment constitutes a 

final decision of the CIT that is not in 

harmony with Commerce’s Final 

Results. Thus, this notice is published 

in fulfillment of the publication 

requirements of Timken. 

Amended Final Results 

Because there is now a final court 

judgment, Commerce is amending its 

Final Results and Amended Final 

Results with respect to Borusan as 

follows: 


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33656 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices 

11See Memorandum, ‘‘Analysis for the Amended 

Final Results of the Antidumping Duty 

Administrative Review of Welded Carbon Steel 

Standard Pipe and Tube Products from Turkey: 

Borusan Istikbal Ticaret T.A.S. and Borusan 

Mannesmann Boru Sanayi ve Ticaret A.S.,’’ dated 

February 28, 2020. 

12See Borusan’s Final Remand Results Analysis 

Memorandum. 

13See 19 CFR 351.106(c)(2). 

1See Utility Scale Wind Towers from Spain: 

Preliminary Affirmative Determination of Sales at 

Less Than Fair Value, 86 FR 17354 (April 2, 2021) 

(Preliminary Determination). 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination in the Less-Than-Fair-Value 

Investigation of Utility Scale Wind Towers from 

Spain,’’ dated concurrently with, and hereby 

adopted by, this notice (Issues and Decision 

Memorandum). 

Exporter or producer 

Final results 

of review 

weighted-average 

dumping margin 11

Final results 

of remand 

redetermination 

weighted-average 

dumping margin 12

Borusan Mannesmann Boru Sanayi Ve Ticaret A.S./Borusan Mannesmann Pipe U.S. Inc .................. 8.48 4.06 

Cash Deposit Requirements 

Because Borusan has a superseding 

cash deposit rate, i.e., there have been 

final results published in a subsequent 

administrative review, we will not issue 

revised cash deposit instructions to U.S. 

Customs and Border Protection (CBP). 

This notice will not affect the current 

cash deposit rate. 

Liquidation of Suspended Entries 

At this time, Commerce remains 

enjoined by CIT order from liquidating 

entries that: Were produced and/or 

exported by Borusan and were entered, 

or withdrawn from warehouse, for 

consumption during the period May 1, 

2017, through April 30, 2018. These 

entries will remain enjoined pursuant to 

the terms of the injunction during the 

pendency of any appeals process. 

In the event the CIT’s ruling is not 

appealed, or, if appealed, upheld by a 

final and conclusive court decision, 

Commerce intends to instruct CBP to 

assess antidumping duties on 

unliquidated entries of subject 

merchandise produced and exported by 

Borusan in accordance with 19 CFR 

351.212(b). We will instruct CBP to 

assess antidumping duties on all 

appropriate entries covered by this 

review when the importer-specific ad 

valorem assessment rate is not zero or 

de minimis. Where an import-specific 

ad valorem assessment rate is zero or de 

minimis,13 we will instruct CBP to 

liquidate the appropriate entries 

without regard to antidumping duties. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c) and 

(e) and 777(i)(1) of the Act. 

Dated: June 21, 2021. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2021–13591 Filed 6–24–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–469–823] 

Utility Scale Wind Towers From Spain: 

Final Determination of Sales at Less 

Than Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that imports of 

utility scale wind towers (wind towers) 

from Spain are being, or are likely to be, 

sold in the United States at less than fair 

value (LTFV). The period of 

investigation is July 1, 2019, through 

June 30, 2020. 

DATES: Applicable June 25, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Benito Ballesteros or Christopher 

Maciuba, AD/CVD Operations, Office V, 

Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–7425 or 

(202) 482–0413, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 2, 2021, Commerce 

published in the Federal Register its 

affirmative preliminary determination 

in the LTFV investigation of wind 

towers from Spain.1 We invited 

interested parties to comment on the 

Preliminary Determination. A summary 

of the events that occurred since 

Commerce published the Preliminary 

Determination, as well as a full 

discussion of the issues raised by parties 

for this final determination, may be 

found in the Issues and Decision 

Memorandum.2

Scope of the Investigation 

The products covered by this 

investigation are wind towers from 

Spain. For a full description of the 

scope of this investigation, see 

Appendix I of this notice. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs submitted by parties in 

this investigation are addressed in the 

Issues and Decision Memorandum. A 

list of the issues addressed in the Issues 

and Decision Memorandum is attached 

to this notice as Appendix II. 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 https://

access.trade.gov. In addition, a complete 

version of the Issues and Decision 

Memorandum can be accessed directly 

at http://enforcement.trade.gov/frn/. 

Verification 

As stated in the Preliminary 

Determination, after being selected as 

the mandatory respondent, Vestas 

Eolica S.A.U. (Vestas) discontinued its 

participation in this investigation. 

Accordingly, Commerce based the 

Preliminary Determination entirely on 

the application of facts available with 

adverse inferences (AFA), and did not 

conduct verification under section 

782(i) of the Tariff Act of 1930, as 

amended (the Act). 

Use of Adverse Facts Available 

In the Preliminary Determination, 

Commerce found that Vestas failed to 

participate to the best of its ability in 

this investigation. We also found six 

other companies did not cooperate in 

this investigation by failing to provide a 

timely response to Commerce’s quantity 

and value (Q&V) questionnaires. These 

companies are: Acciona Windpower 

S.A.; Gamesa Energy Transmission; 

Haizea Wind Group; Kuzar Systems, 

S.L.; Proyecto Integrales y Logisticos 

S.A.A. (Proinlosa); and Windar 

Revonables. Therefore, in the 

Preliminary Determination, pursuant to 

sections 776(a) and (b) of the Act, we 

assigned these companies dumping 

margins based on total AFA. In applying 


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