82_FR_26160 82 FR 26053 - Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Preliminary Results of Antidumping Duty Administrative Review, and Preliminary Determination of No Shipments; 2015-2016

82 FR 26053 - Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Preliminary Results of Antidumping Duty Administrative Review, and Preliminary Determination of No Shipments; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 107 (June 6, 2017)

Page Range26053-26055
FR Document2017-11666

In response to a request by interested parties, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on welded carbon steel standard pipe and tube products (welded pipe and tube) from Turkey. The period of review (POR) is May 1, 2015, to April 30, 2016. This review covers 14 companies. The preliminary results are listed below in the section titled ``Preliminary Results of Review.'' Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 82 Issue 107 (Tuesday, June 6, 2017)
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26053-26055]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11666]



[[Page 26053]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]


Welded Carbon Steel Standard Pipe and Tube Products From Turkey: 
Preliminary Results of Antidumping Duty Administrative Review, and 
Preliminary Determination of No Shipments; 2015-2016

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

SUMMARY: In response to a request by interested parties, the Department 
of Commerce (the Department) is conducting an administrative review of 
the antidumping duty order on welded carbon steel standard pipe and 
tube products (welded pipe and tube) from Turkey. The period of review 
(POR) is May 1, 2015, to April 30, 2016. This review covers 14 
companies. The preliminary results are listed below in the section 
titled ``Preliminary Results of Review.'' Interested parties are 
invited to comment on these preliminary results.

DATES: Effective June 6, 2017.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Chelsey Simonovich; AD/
CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: 202-482-2924 or 202-482-
1979, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the notice of initiation of this 
administrative review \1\ on July 7, 2016.\2\ This review covers 14 
companies: Borusan Istikbal Ticaret T.A.S. (Borusan Istikbal) and 
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan Mannesmann) 
(collectively, Borusan); \3\ Toscelik Profil ve Sac Endustrisi A.S., 
Tosyali Dis Ticaret A.S., and Toscelik Metal Ticaret A.S. (Toscelik 
Metal) (collectively, Toscelik); \4\ Borusan Birlesik Boru Fabrikalari 
San ve Tic (Borusan Birlesik); Borusan Gemlik Boru Tesisleri A.S. 
(Borusan Gemlik); Borusan Ihracat Ithalat ve Dagitim A.S. (Borusan 
Ihracat); Borusan Ithicat ve Dagitim A.S. (Borusan Ithicat); Tubeco 
Pipe and Steel Corporation (Tubeco); Erbosan Erciyas Boru Sanayi ve 
Ticaret A.S. (Erbosan); and Yucel Boru ve Profil Endustrisi A.S., 
Yucelboru Ihracat Ithalat ve Pazarlama A.S., and Cayirova Boru Sanayi 
ve Ticaret A.S. (collectively, the Yucel Group).
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    \1\ Wheatland Tube Company, Borusan Mannesmann Boru Sanayi ve 
Ticaret A.S., and Borusan Istikbal Ticaret requested the instant 
administrative review.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 44265 (July 7, 2016) (Initiation 
Notice); see also Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 53122 (August 11, 2016).
    \3\ In prior segments of this proceeding, we treated Borusan 
Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret 
T.A.S. as a single entity. See, e.g., Welded Carbon Steel Standard 
Pipe and Tube Products from Turkey: Final Results of Antidumping 
Duty Administrative Review and Final Determination of No Shipments; 
2013-2014, 80 FR 76674, 76674 n.2 (December 10, 2015) (Welded Pipe 
and Tube from Turkey 2013-2014). We preliminarily determine that 
there is no evidence on the record for altering our treatment of 
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal 
Ticaret T.A.S., as a single entity. The record does not support 
treating the following companies as part of the Borusan Mannesmann 
Boru Sanayi ve Ticaret A.S./Borusan Istikbal Ticaret T.A.S. entity: 
(1) Borusan Birlesik; (2) Borusan Gemlik; (3) Borusan Ihracat; (4) 
Borusan Ithicat; and (5)Tubeco. Accordingly, as discussed infra, 
each of these five companies will be assigned the rate applicable to 
companies not selected for individual examination in this review.
    \4\ In prior segments of this proceeding, we treated Toscelik 
Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., and 
Toscelik Metal as a single entity. See, e.g., Welded Pipe and Tube 
from Turkey 2013-2014. We preliminarily determine that there is no 
evidence on the record for altering our treatment of Toscelik Profil 
ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., and Tosceilk Metal 
as a single entity. The petitioners requested a review of Toscelik 
Metal, and there has been no withdrawal of that request. Therefore, 
Toscelik Metal will be reviewed as part of the single entity 
Toscelik.
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    On May 11, 2017, the Department extended the deadline for issuing 
its preliminary results of this administrative review to May 31, 
2017.\5\ For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\6\ A list of topics included in the Preliminary Decision 
Memorandum is included as an Appendix to this notice. The Preliminary 
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, and to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Circular Welded Carbon Steel Standard Pipe 
and Tube Products from Turkey: Extension of Time Limit for 
Preliminary Results of Antidumping Duty Administrative Review,'' 
dated May 11, 2017.
    \6\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Welded Carbon 
Steel Standard Pipe and Tube Products from Turkey; 2015-2016'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is welded pipe and tube. The 
welded pipe and tube subject to the order is currently classifiable 
under subheading 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90 of the 
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS 
subheading is provided for convenience and customs purposes. A full 
description of the scope of the order is contained in the Preliminary 
Decision Memorandum.

Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price is calculated in accordance with section 772 of the Act. 
Normal value is calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    On July 18, 2016, Erbosan submitted a letter to the Department 
certifying that it had no sales, shipments, or entries of the subject 
merchandise to the United States during the POR.\7\ Erbosan further 
certified that it did not know or have reason to know that any of its 
customers would subsequently export or sell Erbosan's merchandise to 
the United States during the POR. On August 8, 2016, Borusan Istikbal, 
Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and 
Tubeco submitted letters to the Department certifying that they each 
individually had no sales, shipments, or entries of the subject 
merchandise to the United States during the POR.\8\ On May 1, 2017, 
consistent

[[Page 26054]]

with our practice, the Department issued a ``No Shipment Inquiry'' to 
U.S. Customs and Border Protection (CBP) to confirm that there were no 
entries of welded pipe and tube from Turkey exported by Erbosan, 
Borusan Istikbal, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, 
Borusan Ithicat, or Tubeco during the POR.\9\ We received no 
information from CBP contrary to the claims ofthese companies.
---------------------------------------------------------------------------

    \7\ See Letter from Erbosan, Re: No Shipment Certification of 
Erbosan Erciyas Boru Sanayi ve Ticaret A.S. in the 2015-2016 
Administrative Review of the Antidumping Duty Order Involving 
Certain Welded Carbon Steel Standard Pipe from Turkey, dated July 
18, 2016.
    \8\ See Letter from Borusan Istikbal, Borusan Birlesik, Borusan 
Gemlik, Borusan Iharcat, Borusan Ithicat, and Tubeco, Re: Circular 
Welded Carbon Steel Pipes and Tubes from Turkey, Case No. A-489-501: 
No Shipment Letter, dated August 8, 2016.
    \9\ See CBP message number 7121305, dated May 1, 2017.
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    Based on the foregoing, we preliminarily determine that Erbosan, 
Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and 
Tubeco each had no shipments during the POR. Also, consistent with our 
practice, the Department finds that it is not appropriate to rescind 
the review with respect to these six companies, but rather to complete 
the review with respect to them, and to issue appropriate instructions 
to CBP based on the final results of this review.\10\ Thus, if we 
continue to find that Erbosan, Borusan Birlesik, Borusan Gemlik, 
Borusan Ihracat, Borusan Ithicat, and Tubeco had no shipments of 
subject merchandise in the final results, we will instruct CBP to 
liquidate any existing entries of subject merchandise produced by them, 
but exported by other parties, at the rate for the intermediate 
reseller, if available, or at the all-others rate.\11\
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    \10\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \11\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
---------------------------------------------------------------------------

    Furthermore, as noted above, Borusan Istikbal also submitted a no-
shipment certification on August 8, 2017. However, we continue to find 
Borusan Istikbal to be part of the single entity, Borusan, and we find 
no record evidence that warrants altering this treatment. Therefore, 
because we find Borusan to have had shipments during this POR, we have 
not made a preliminary determination of no-shipments with respect to 
Borusan Istikbal.

Rates for Non-Examined Companies

    The statute and the Department's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when the Department limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, the Department 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} ''
    In this review, we have preliminarily calculated a weighted-average 
dumping margin for Borusan that is not zero, de minimis, or determined 
entirely on the basis of facts available. Accordingly, the Department 
preliminarily assigned to the companies not individually examined 
(i.e., the Yucel Group) the 1.35 percent weighted-average dumping 
margin calculated for Borusan.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
weighted-average dumping margins for the period May 1, 2015 through 
April 30, 2016 are as follows:

------------------------------------------------------------------------
                                                     Weighted-average
              Producer or exporter                    dumping margin
                                                        (percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./                     1.35
 Borusan Istikbal Ticaret T.A.S................
Toscelik Profil ve Sac Endustrisi A.S./Tosyali                      0.00
 Dis Ticaret A.S./Toscelik Metal Ticaret A.S...
Yucel Boru ve Profil Endustrisi A.S............                     1.35
Yucelboru Ihracat Ithalat ve Pazarlama A.S.....                     1.35
Cayirova Boru Sanayi ve Ticaret A.S............                     1.35
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days of the date of publication of this notice.\12\ 
Interested parties may submit cases briefs no later than 30 days after 
the date of publication of this notice.\13\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than five days 
after the due date for filing case briefs.\14\ Parties who submit case 
briefs or rebuttal briefs in this proceeding are encouraged to submit 
with each argument: (1) A statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.\15\ Case and rebuttal 
briefs should be filed using ACCESS.\16\
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    \12\ See 19 CFR 351.224(b).
    \13\ See 19 CFR 351.309(c)(1)(ii).
    \14\ See 19 CFR 351.309(d).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
    \16\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS, within 30 days after the date of publication of this 
notice.\17\ Requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs.
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    In order to be properly filed, all ACCESS submissions must 
successfully receive an electronically filed document in its entirety 
by 5 p.m. Eastern Time.
    Unless otherwise extended, the Department intends to issue the 
final results of this administrative review, including the results of 
its analysis of the issues raised in any written briefs, not later than 
120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries in accordance with 19 CFR 351.212(b)(1). We intend to issue 
instructions to CBP 15 days after the date of publication of the final 
results of this review.

[[Page 26055]]

    If either Borusan's or Toscelik's weighted-average dumping margin 
is not zero or de minimis (i.e., less than 0.5 percent) in the final 
results of this review, we will calculate importer-specific assessment 
rates on the basis of the ratio of the total amount of dumping 
calculated for the importer's examined sales and the total entered 
value of the sales in accordance with 19 CFR 351.212(b)(1). Where 
either a respondent's weighted-average dumping margin is zero or de 
minimis, or an importer-specific assessment rate is zero or de minimis, 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.
    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the methodology described in 
the ``Rate for Non-Examined Companies'' section, above.
    With respect to Erbosan, Borusan Birlesik, Borusan Gemlik, Borusan 
Ihracat, Borusan Ithicat, and Tubeco, if we continue to find that these 
companies had no shipments of subject merchandise in the final results, 
we will instruct CBP to liquidate any existing entries of merchandise 
produced by these companies, but exported by other parties, at the rate 
for the intermediate reseller, if available, or at the all-others 
rate.\18\
---------------------------------------------------------------------------

    \18\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Toscelik will be 
zero, unless there is change in Toscelik's dumping margin in the final 
results of this review; (2) the cash deposit rate for Borusan will be 
equal to the weighted-average dumping margin established in the final 
results of this review, except if the rate is zero or de minimis within 
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit 
rate will be zero; (3) for other manufacturers and exporters covered in 
a prior segment of the proceeding, the cash deposit rate will continue 
to be the company-specific rate published for the most recently 
completed segment of this proceeding in which that manufacturer or 
exporter participated; (4) if the exporter is not a firm covered in 
this review, a prior review, or the original less-than-fair-value 
(LTFV) investigation, but the manufacturer is, then the cash deposit 
rate will be the rate established for the most recently completed 
segment of this proceeding for the manufacturer of subject merchandise; 
and (5) the cash deposit rate for all other manufacturers or exporters 
will continue to be 14.74 percent, the all-others rate established in 
the LTFV investigation.\19\ These deposit requirements, when imposed, 
shall remain in effect until further notice.
---------------------------------------------------------------------------

    \19\ See Antidumping Duty Order; Welded Carbon Steel Standard 
Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986).
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a preliminary 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 the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(1)(b)(4).

    Dated: May 31, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Rates for Non-Examined Companies
6. Comparisons to Normal Value
7. Product Comparisons
8. Date of Sale
9. Export Price
10. Normal Value
11. Currency Conversion
12. Recommendation

[FR Doc. 2017-11666 Filed 6-5-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                  Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices                                                    26053

                                                  DEPARTMENT OF COMMERCE                                  ve Sac Endustrisi A.S., Tosyali Dis                     Commerce building. In addition, a
                                                                                                          Ticaret A.S., and Toscelik Metal Ticaret                complete version of the Preliminary
                                                  International Trade Administration                      A.S. (Toscelik Metal) (collectively,                    Decision Memorandum can be accessed
                                                  [A–489–501]
                                                                                                          Toscelik); 4 Borusan Birlesik Boru                      directly at http://enforcement.trade.gov/
                                                                                                          Fabrikalari San ve Tic (Borusan                         frn/. The signed and the electronic
                                                  Welded Carbon Steel Standard Pipe                       Birlesik); Borusan Gemlik Boru Tesisleri                versions of the Preliminary Decision
                                                  and Tube Products From Turkey:                          A.S. (Borusan Gemlik); Borusan Ihracat                  Memorandum are identical in content.
                                                  Preliminary Results of Antidumping                      Ithalat ve Dagitim A.S. (Borusan
                                                                                                          Ihracat); Borusan Ithicat ve Dagitim A.S.               Scope of the Order
                                                  Duty Administrative Review, and
                                                  Preliminary Determination of No                         (Borusan Ithicat); Tubeco Pipe and Steel                   The merchandise subject to the order
                                                  Shipments; 2015–2016                                    Corporation (Tubeco); Erbosan Erciyas                   is welded pipe and tube. The welded
                                                                                                          Boru Sanayi ve Ticaret A.S. (Erbosan);                  pipe and tube subject to the order is
                                                  AGENCY:  Enforcement and Compliance,                    and Yucel Boru ve Profil Endustrisi                     currently classifiable under subheading
                                                  International Trade Administration,                     A.S., Yucelboru Ihracat Ithalat ve                      7306.30.10.00, 7306.30.50.25,
                                                  Commerce.                                               Pazarlama A.S., and Cayirova Boru                       7306.30.50.32, 7306.30.50.40,
                                                  SUMMARY: In response to a request by                    Sanayi ve Ticaret A.S. (collectively, the               7306.30.50.55, 7306.30.50.85, and
                                                  interested parties, the Department of                   Yucel Group).                                           7306.30.50.90 of the Harmonized Tariff
                                                  Commerce (the Department) is                               On May 11, 2017, the Department                      Schedule of the United States (HTSUS).
                                                  conducting an administrative review of                  extended the deadline for issuing its                   The HTSUS subheading is provided for
                                                  the antidumping duty order on welded                    preliminary results of this                             convenience and customs purposes. A
                                                  carbon steel standard pipe and tube                     administrative review to May 31, 2017.5                 full description of the scope of the order
                                                  products (welded pipe and tube) from                    For a complete description of the events                is contained in the Preliminary Decision
                                                  Turkey. The period of review (POR) is                   that followed the initiation of this                    Memorandum.
                                                  May 1, 2015, to April 30, 2016. This                    administrative review, see the
                                                                                                          Preliminary Decision Memorandum.6 A                     Methodology
                                                  review covers 14 companies. The
                                                  preliminary results are listed below in                 list of topics included in the                            The Department is conducting this
                                                  the section titled ‘‘Preliminary Results                Preliminary Decision Memorandum is                      review in accordance with section
                                                  of Review.’’ Interested parties are                     included as an Appendix to this notice.                 751(a)(1)(B) and (2) of the Tariff Act of
                                                  invited to comment on these                             The Preliminary Decision Memorandum                     1930, as amended (the Act). Export
                                                  preliminary results.                                    is a public document and is on file                     price is calculated in accordance with
                                                                                                          electronically via Enforcement and                      section 772 of the Act. Normal value is
                                                  DATES: Effective June 6, 2017.
                                                                                                          Compliance’s Antidumping and                            calculated in accordance with section
                                                  FOR FURTHER INFORMATION CONTACT: Fred                   Countervailing Duty Centralized                         773 of the Act.
                                                  Baker or Chelsey Simonovich; AD/CVD                     Electronic Service System (ACCESS).                       For a full description of the
                                                  Operations, Office VI, Enforcement and                  ACCESS is available to registered users                 methodology underlying our
                                                  Compliance, International Trade                         at https://access.trade.gov, and to all                 conclusions, see the Preliminary
                                                  Administration, U.S. Department of                      parties in the Central Records Unit,                    Decision Memorandum.
                                                  Commerce, 1401 Constitution Avenue                      room B8024 of the main Department of
                                                  NW., Washington, DC 20230; telephone:                                                                           Preliminary Determination of No
                                                  202–482–2924 or 202–482–1979,                                                                                   Shipments
                                                                                                          We preliminarily determine that there is no
                                                  respectively.                                           evidence on the record for altering our treatment of       On July 18, 2016, Erbosan submitted
                                                                                                          Borusan Mannesmann Boru Sanayi ve Ticaret A.S.          a letter to the Department certifying that
                                                  SUPPLEMENTARY INFORMATION:                              and Borusan Istikbal Ticaret T.A.S., as a single
                                                                                                          entity. The record does not support treating the        it had no sales, shipments, or entries of
                                                  Background                                              following companies as part of the Borusan              the subject merchandise to the United
                                                                                                          Mannesmann Boru Sanayi ve Ticaret A.S./Borusan          States during the POR.7 Erbosan further
                                                    The Department published the notice                   Istikbal Ticaret T.A.S. entity: (1) Borusan Birlesik;
                                                  of initiation of this administrative                    (2) Borusan Gemlik; (3) Borusan Ihracat; (4) Borusan
                                                                                                                                                                  certified that it did not know or have
                                                  review 1 on July 7, 2016.2 This review                  Ithicat; and (5)Tubeco. Accordingly, as discussed       reason to know that any of its customers
                                                  covers 14 companies: Borusan Istikbal                   infra, each of these five companies will be assigned    would subsequently export or sell
                                                                                                          the rate applicable to companies not selected for       Erbosan’s merchandise to the United
                                                  Ticaret T.A.S. (Borusan Istikbal) and                   individual examination in this review.
                                                  Borusan Mannesmann Boru Sanayi ve                          4 In prior segments of this proceeding, we treated
                                                                                                                                                                  States during the POR. On August 8,
                                                  Ticaret A.S. (Borusan Mannesmann)                       Toscelik Profil ve Sac Endustrisi A.S., Tosyali Dis     2016, Borusan Istikbal, Borusan Birlesik,
                                                  (collectively, Borusan); 3 Toscelik Profil              Ticaret A.S., and Toscelik Metal as a single entity.    Borusan Gemlik, Borusan Ihracat,
                                                                                                          See, e.g., Welded Pipe and Tube from Turkey 2013–       Borusan Ithicat, and Tubeco submitted
                                                                                                          2014. We preliminarily determine that there is no
                                                    1 Wheatland Tube Company, Borusan
                                                                                                          evidence on the record for altering our treatment of
                                                                                                                                                                  letters to the Department certifying that
                                                  Mannesmann Boru Sanayi ve Ticaret A.S., and             Toscelik Profil ve Sac Endustrisi A.S., Tosyali Dis     they each individually had no sales,
                                                  Borusan Istikbal Ticaret requested the instant          Ticaret A.S., and Tosceilk Metal as a single entity.    shipments, or entries of the subject
                                                  administrative review.                                  The petitioners requested a review of Toscelik
                                                    2 See Initiation of Antidumping and
                                                                                                                                                                  merchandise to the United States during
                                                                                                          Metal, and there has been no withdrawal of that
                                                  Countervailing Duty Administrative Reviews, 81 FR       request. Therefore, Toscelik Metal will be reviewed
                                                                                                                                                                  the POR.8 On May 1, 2017, consistent
                                                  44265 (July 7, 2016) (Initiation Notice); see also      as part of the single entity Toscelik.
                                                  Initiation of Antidumping and Countervailing Duty          5 See Memorandum, ‘‘Circular Welded Carbon              7 See Letter from Erbosan, Re: No Shipment

                                                  Administrative Reviews, 81 FR 53122 (August 11,         Steel Standard Pipe and Tube Products from              Certification of Erbosan Erciyas Boru Sanayi ve
                                                  2016).                                                  Turkey: Extension of Time Limit for Preliminary         Ticaret A.S. in the 2015–2016 Administrative
mstockstill on DSK30JT082PROD with NOTICES




                                                    3 In prior segments of this proceeding, we treated    Results of Antidumping Duty Administrative              Review of the Antidumping Duty Order Involving
                                                  Borusan Mannesmann Boru Sanayi ve Ticaret A.S.          Review,’’ dated May 11, 2017.                           Certain Welded Carbon Steel Standard Pipe from
                                                  and Borusan Istikbal Ticaret T.A.S. as a single            6 See Memorandum, ‘‘Decision Memorandum for          Turkey, dated July 18, 2016.
                                                  entity. See, e.g., Welded Carbon Steel Standard Pipe    Preliminary Results of Antidumping Duty                    8 See Letter from Borusan Istikbal, Borusan

                                                  and Tube Products from Turkey: Final Results of         Administrative Review: Welded Carbon Steel              Birlesik, Borusan Gemlik, Borusan Iharcat, Borusan
                                                  Antidumping Duty Administrative Review and              Standard Pipe and Tube Products from Turkey;            Ithicat, and Tubeco, Re: Circular Welded Carbon
                                                  Final Determination of No Shipments; 2013–2014,         2015–2016’’ dated concurrently with, and hereby         Steel Pipes and Tubes from Turkey, Case No. A–
                                                  80 FR 76674, 76674 n.2 (December 10, 2015)              adopted by, this notice (Preliminary Decision           489–501: No Shipment Letter, dated August 8,
                                                  (Welded Pipe and Tube from Turkey 2013–2014).           Memorandum).                                            2016.



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                                                  26054                                   Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices

                                                  with our practice, the Department                                     existing entries of subject merchandise                                guidance when calculating the rate for
                                                  issued a ‘‘No Shipment Inquiry’’ to U.S.                              produced by them, but exported by                                      companies which were not selected for
                                                  Customs and Border Protection (CBP) to                                other parties, at the rate for the                                     individual examination in an
                                                  confirm that there were no entries of                                 intermediate reseller, if available, or at                             administrative review. Under section
                                                  welded pipe and tube from Turkey                                      the all-others rate.11                                                 735(c)(5)(A) of the Act, the all-others
                                                  exported by Erbosan, Borusan Istikbal,                                   Furthermore, as noted above, Borusan                                rate is normally ‘‘an amount equal to the
                                                  Borusan Birlesik, Borusan Gemlik,                                     Istikbal also submitted a no-shipment                                  weighted average of the estimated
                                                  Borusan Ihracat, Borusan Ithicat, or                                  certification on August 8, 2017.                                       weighted average dumping margins
                                                  Tubeco during the POR.9 We received                                   However, we continue to find Borusan                                   established for exporters and producers
                                                  no information from CBP contrary to the                               Istikbal to be part of the single entity,                              individually investigated, excluding any
                                                  claims ofthese companies.                                             Borusan, and we find no record                                         zero or de minimis margins, and any
                                                     Based on the foregoing, we
                                                                                                                        evidence that warrants altering this                                   margins determined entirely {on the
                                                                                                                        treatment. Therefore, because we find                                  basis of facts available}’’
                                                  preliminarily determine that Erbosan,                                 Borusan to have had shipments during
                                                  Borusan Birlesik, Borusan Gemlik,                                                                                                              In this review, we have preliminarily
                                                                                                                        this POR, we have not made a
                                                  Borusan Ihracat, Borusan Ithicat, and                                                                                                        calculated a weighted-average dumping
                                                                                                                        preliminary determination of no-
                                                  Tubeco each had no shipments during                                                                                                          margin for Borusan that is not zero, de
                                                                                                                        shipments with respect to Borusan
                                                  the POR. Also, consistent with our                                                                                                           minimis, or determined entirely on the
                                                                                                                        Istikbal.
                                                  practice, the Department finds that it is                                                                                                    basis of facts available. Accordingly, the
                                                  not appropriate to rescind the review                                 Rates for Non-Examined Companies                                       Department preliminarily assigned to
                                                  with respect to these six companies, but                                 The statute and the Department’s                                    the companies not individually
                                                  rather to complete the review with                                    regulations do not address the                                         examined (i.e., the Yucel Group) the
                                                  respect to them, and to issue                                         establishment of a rate to be applied to                               1.35 percent weighted-average dumping
                                                  appropriate instructions to CBP based                                 companies not selected for examination                                 margin calculated for Borusan.
                                                  on the final results of this review.10                                when the Department limits its                                         Preliminary Results of Review
                                                  Thus, if we continue to find that                                     examination in an administrative review
                                                  Erbosan, Borusan Birlesik, Borusan                                    pursuant to section 777A(c)(2) of the                                    As a result of this review, we
                                                  Gemlik, Borusan Ihracat, Borusan                                      Act. Generally, the Department looks to                                preliminarily determine that the
                                                  Ithicat, and Tubeco had no shipments of                               section 735(c)(5) of the Act, which                                    weighted-average dumping margins for
                                                  subject merchandise in the final results,                             provides instructions for calculating the                              the period May 1, 2015 through April
                                                  we will instruct CBP to liquidate any                                 all-others rate in an investigation, for                               30, 2016 are as follows:

                                                                                                                                                                                                                              Weighted-average
                                                                                                                       Producer or exporter                                                                                    dumping margin
                                                                                                                                                                                                                                  (percent)

                                                  Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan Istikbal Ticaret T.A.S .........................................................                                                    1.35
                                                  Toscelik Profil ve Sac Endustrisi A.S./Tosyali Dis Ticaret A.S./Toscelik Metal Ticaret A.S ...............................................                                                 0.00
                                                  Yucel Boru ve Profil Endustrisi A.S .....................................................................................................................................                  1.35
                                                  Yucelboru Ihracat Ithalat ve Pazarlama A.S .......................................................................................................................                         1.35
                                                  Cayirova Boru Sanayi ve Ticaret A.S ..................................................................................................................................                     1.35



                                                  Disclosure and Public Comment                                         authorities.15 Case and rebuttal briefs                                  Unless otherwise extended, the
                                                                                                                        should be filed using ACCESS.16                                        Department intends to issue the final
                                                     The Department intends to disclose to                                 Pursuant to 19 CFR 351.310(c),                                      results of this administrative review,
                                                  interested parties the calculations                                   interested parties who wish to request a                               including the results of its analysis of
                                                  performed in connection with these                                    hearing must submit a written request to                               the issues raised in any written briefs,
                                                  preliminary results within five days of                               the Assistant Secretary for Enforcement                                not later than 120 days after the date of
                                                  the date of publication of this notice.12                             and Compliance, filed electronically via                               publication of this notice, pursuant to
                                                  Interested parties may submit cases                                   ACCESS, within 30 days after the date                                  section 751(a)(3)(A) of the Act.
                                                  briefs no later than 30 days after the                                of publication of this notice.17 Requests
                                                  date of publication of this notice.13                                 should contain: (1) The party’s name,                                  Assessment Rates
                                                  Rebuttal briefs, limited to issues raised                             address, and telephone number; (2) the
                                                                                                                        number of participants; and (3) a list of                                Upon completion of the
                                                  in the case briefs, may be filed not later
                                                                                                                        issues to be discussed. Issues raised in                               administrative review, the Department
                                                  than five days after the due date for
                                                                                                                        the hearing will be limited to those                                   shall determine, and CBP shall assess,
                                                  filing case briefs.14 Parties who submit
                                                                                                                        raised in the respective case and                                      antidumping duties on all appropriate
                                                  case briefs or rebuttal briefs in this
                                                                                                                        rebuttal briefs.                                                       entries in accordance with 19 CFR
                                                  proceeding are encouraged to submit
                                                                                                                           In order to be properly filed, all                                  351.212(b)(1). We intend to issue
                                                  with each argument: (1) A statement of
                                                                                                                        ACCESS submissions must successfully                                   instructions to CBP 15 days after the
                                                  the issue; (2) a brief summary of the
                                                                                                                        receive an electronically filed document                               date of publication of the final results of
                                                  argument; and (3) a table of
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                                                                                                                        in its entirety by 5 p.m. Eastern Time.                                this review.
                                                     9 See CBP message number 7121305, dated May                           11 See, e.g., Magnesium Metal from the Russian                        12 See 19 CFR 351.224(b).
                                                  1, 2017.                                                              Federation: Preliminary Results of Antidumping                           13 See 19 CFR 351.309(c)(1)(ii).
                                                     10 See Antidumping and Countervailing Duty                         Duty Administrative Review, 75 FR 26922, 26923                           14 See 19 CFR 351.309(d).
                                                                                                                        (May 13, 2010), unchanged in Magnesium Metal
                                                  Proceedings: Assessment of Antidumping Duties, 68                                                                                              15 See 19 CFR 351.309(c)(2) and (d)(2).
                                                                                                                        from the Russian Federation: Final Results of
                                                  FR 23954 (May 6, 2003).                                               Antidumping Duty Administrative Review, 75 FR                            16 See 19 CFR 351.303.

                                                                                                                        56989 (September 17, 2010).                                              17 See 19 CFR 351.310(c).




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                                                                                  Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices                                           26055

                                                     If either Borusan’s or Toscelik’s                    or exporter participated; (4) if the                   DEPARTMENT OF COMMERCE
                                                  weighted-average dumping margin is                      exporter is not a firm covered in this
                                                  not zero or de minimis (i.e., less than 0.5             review, a prior review, or the original                International Trade Administration
                                                  percent) in the final results of this                   less-than-fair-value (LTFV)                            [A–570–967]
                                                  review, we will calculate importer-                     investigation, but the manufacturer is,
                                                  specific assessment rates on the basis of               then the cash deposit rate will be the                 Aluminum Extrusions From the
                                                  the ratio of the total amount of dumping                rate established for the most recently                 People’s Republic of China:
                                                  calculated for the importer’s examined                  completed segment of this proceeding                   Preliminary Results of Antidumping
                                                  sales and the total entered value of the                for the manufacturer of subject                        Duty Administrative Review and
                                                  sales in accordance with 19 CFR                                                                                Rescission of Review in Part; 2015–
                                                                                                          merchandise; and (5) the cash deposit
                                                  351.212(b)(1). Where either a                                                                                  2016
                                                                                                          rate for all other manufacturers or
                                                  respondent’s weighted-average dumping
                                                  margin is zero or de minimis, or an                     exporters will continue to be 14.74                    AGENCY:   Enforcement and Compliance,
                                                  importer-specific assessment rate is zero               percent, the all-others rate established               International Trade Administration,
                                                  or de minimis, we will instruct CBP to                  in the LTFV investigation.19 These                     Department of Commerce.
                                                  liquidate the appropriate entries                       deposit requirements, when imposed,                    SUMMARY: The Department of Commerce
                                                  without regard to antidumping duties.                   shall remain in effect until further                   (the Department) is conducting an
                                                     For the companies which were not                     notice.                                                administrative review of the
                                                  selected for individual review, we will                                                                        antidumping duty (AD) order on
                                                                                                          Notification to Importers
                                                  assign an assessment rate based on the                                                                         aluminum extrusions from the People’s
                                                  methodology described in the ‘‘Rate for                   This notice also serves as a                         Republic of China (PRC). The period of
                                                  Non-Examined Companies’’ section,                       preliminary reminder to importers of                   review (POR) is May 1, 2015, through
                                                  above.                                                  their responsibility under 19 CFR                      April 30, 2016. These preliminary
                                                     With respect to Erbosan, Borusan                     351.402(f)(2) to file a certificate                    results cover 191 companies and the
                                                  Birlesik, Borusan Gemlik, Borusan                                                                              PRC-wide entity for which an
                                                                                                          regarding the reimbursement of
                                                  Ihracat, Borusan Ithicat, and Tubeco, if                                                                       administrative review was initiated. The
                                                                                                          antidumping duties prior to liquidation
                                                  we continue to find that these                                                                                 PRC-wide entity did not respond to the
                                                                                                          of the relevant entries during this
                                                  companies had no shipments of subject                                                                          Department’s initial quantity and value
                                                  merchandise in the final results, we will               review period. Failure to comply with
                                                                                                          this requirement could result in the                   questionnaires (Q&Vs), and therefore the
                                                  instruct CBP to liquidate any existing                                                                         Department is preliminarily applying
                                                  entries of merchandise produced by                      Secretary’s presumption that
                                                                                                                                                                 adverse facts available (AFA) to the
                                                  these companies, but exported by other                  reimbursement of antidumping duties
                                                                                                                                                                 PRC-wide entity. The Department
                                                  parties, at the rate for the intermediate               occurred and the subsequent assessment
                                                                                                                                                                 selected the following companies as
                                                  reseller, if available, or at the all-others            of double antidumping duties.                          mandatory respondents: Kam Kiu
                                                  rate.18                                                 Notification to Interested Parties                     Aluminium Products Sdn. Bhd. (Kam
                                                  Cash Deposit Requirements                                                                                      Kiu) and tenKsolar (Shanghai) Co., Ltd.
                                                                                                            We are issuing and publishing these                  (tenKsolar). The Department
                                                    The following cash deposit                            results in accordance with sections                    preliminarily determines that Kam Kiu
                                                  requirements will be effective for all                  751(a)(1) and 777(i)(1) of the Act and 19              did not demonstrate eligibility for a
                                                  shipments of the subject merchandise                    CFR 351.221(1)(b)(4).                                  separate rate and is, therefore, part of
                                                  entered, or withdrawn from warehouse,                                                                          the PRC-wide entity. The Department
                                                  for consumption on or after the                           Dated: May 31, 2017.
                                                                                                                                                                 further preliminarily determines that
                                                  publication date of the final results of                Ronald K. Lorentzen,
                                                                                                                                                                 because we lack sufficient record
                                                  this administrative review, as provided                 Acting Assistant Secretary for Enforcement             information to allow the Department to
                                                  by section 751(a)(2)(C) of the Act: (1)                 and Compliance.                                        calculate a margin for tenKsolar’s
                                                  The cash deposit rate for Toscelik will                                                                        reported sales of subject merchandise
                                                  be zero, unless there is change in                      Appendix—List of Topics Discussed in
                                                                                                          the Preliminary Decision Memorandum                    into the United States during the POR,
                                                  Toscelik’s dumping margin in the final                                                                         the rate applied to tenKsolar’s
                                                  results of this review; (2) the cash                    1. Summary                                             merchandise upon entry continues to be
                                                  deposit rate for Borusan will be equal to               2. Background                                          the AD rate applied to tenKsolar, except
                                                  the weighted-average dumping margin                     3. Scope of the Order                                  to adjust for countervailable duty (CVD)
                                                  established in the final results of this                4. Preliminary Determination of No                     subsidies determined under the parallel
                                                  review, except if the rate is zero or de                     Shipments                                         aluminum extrusions CVD order. If
                                                  minimis within the meaning of 19 CFR                    5. Rates for Non-Examined Companies                    these preliminary results are adopted in
                                                  351.106(c)(1), in which case the cash                   6. Comparisons to Normal Value                         the final results of this review, we will
                                                  deposit rate will be zero; (3) for other                7. Product Comparisons                                 instruct U.S. Customs and Border
                                                  manufacturers and exporters covered in                  8. Date of Sale                                        Protection (CBP) to assess antidumping
                                                  a prior segment of the proceeding, the                  9. Export Price
                                                                                                                                                                 duties on all appropriate entries.
                                                  cash deposit rate will continue to be the               10. Normal Value
                                                                                                                                                                 Interested parties are invited to
                                                  company-specific rate published for the                 11. Currency Conversion
                                                                                                                                                                 comment on these preliminary results.
                                                  most recently completed segment of this                 12. Recommendation
                                                                                                                                                                 DATES: Effective June 6, 2017.
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                                                  proceeding in which that manufacturer                   [FR Doc. 2017–11666 Filed 6–5–17; 8:45 am]
                                                                                                                                                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                          BILLING CODE 3510–DS–P
                                                     18 See, e.g., Magnesium Metal from the Russian                                                              Deborah Scott or Mark Flessner, AD/
                                                  Federation: Preliminary Results of Antidumping                                                                 CVD Operations, Office VI, Enforcement
                                                  Duty Administrative Review, 75 FR 26922, 26923                                                                 and Compliance, International Trade
                                                  (May 13, 2010), unchanged in Magnesium Metal
                                                  from the Russian Federation: Final Results of             19 See Antidumping Duty Order; Welded Carbon         Administration, Department of
                                                  Antidumping Duty Administrative Review, 75 FR           Steel Standard Pipe and Tube Products from             Commerce, 1401 Constitution Avenue
                                                  56989 (September 17, 2010).                             Turkey, 51 FR 17784 (May 15, 1986).                    NW., Washington, DC 20230; telephone:


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Document Created: 2017-06-06 06:21:08
Document Modified: 2017-06-06 06:21:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective June 6, 2017.
ContactFred Baker or Chelsey Simonovich; AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-2924 or 202-482- 1979, respectively.
FR Citation82 FR 26053 

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