[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33655-33656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13591]



[[Page 33655]]

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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 
weighted-average 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\
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    \1\ See 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).
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    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\
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    \2\ See 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).
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    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{time}  
based on a {particular market situation (PMS){time}  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\
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    \3\ See Borusan Mannesmann Boru Sanayi Ve Ticaret A.[Scedil]. 
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.
    \4\ See Borusan at 17.
    \5\ Id. at 17-19.
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    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 
sales-below-cost test, under respectful protest, we recalculated 
Borusan's weighted-average dumping margin with no PMS adjustment to 
Borusan's cost of production for purposes of the sales-below-cost 
test.\6\
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    \6\ See Commerce's Final Results of Redetermination Pursuant to 
Court Order, Borusan Mannesmann Boru Sanayi Ve Ticaret A.[Scedil]. 
and Borusan Mannesmann Pipe U.S. Inc. v. United States, Court No. 
20-00015, Slip Op. 21-18, dated April 18, 2021.
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    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 re-examined 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\
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    \7\ Id.
    \8\ See 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).
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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.
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    \9\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \10\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (DiamondSawblades).
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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:

[[Page 33656]]



------------------------------------------------------------------------
                                                      Final results  of
                                 Final results  of          remand
     Exporter or producer         review weighted-     redetermination
                                  average  dumping     weighted-average
                                    margin \11\      dumping margin \12\
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Borusan Mannesmann Boru Sanayi                8.48                 4.06
 Ve Ticaret A.S./Borusan
 Mannesmann Pipe U.S. Inc.....
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Cash Deposit Requirements
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    \11\ See 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.
    \12\ See Borusan's Final Remand Results Analysis Memorandum.
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    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.
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    \13\ See 19 CFR 351.106(c)(2).
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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