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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices
during the POR.6 Therefore, we preliminarily determine that the companies listed in Appendix II did not have shipments of subject merchandise during the POR. Consistent with our practice,7 Commerce finds that it is not appropriate to rescind the review with respect to these 13 companies but, rather, to complete the review and issue appropriate instructions to CBP based on the final results of this review.
Rates for Non-Examined Companies The statute and Commerces regulations do not address the establishment of a rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777Ac2 of the Act. Generally, Commerce looks to section 735c5 of the Act, which provides instructions for calculating the
all-others rate in a market economy investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 735c5A of the Act, the all-others rate is normally an amount equal to the weighted average of the estimated weightedaverage 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.
Five companies, Borusan Holding, Borusan Mannesmann Yatirim Holding Borusan Yatirim, Kale Baglann Teknolojileri San. ve Tic. A.S. Kale Baglann, Kale Baglanti Teknolojileri San. ve Tic. A.S. Kale Baglanti, and Noksel Celik Boru Sanayi A.S. Noksel
Celik remain subject to this administrative review because none of these five companies: 1 Was selected as a mandatory respondent; 8 2 was the subject of a withdrawal of request for review; 3 requested to participate as a voluntary respondent; or 4 submitted a claim of no shipments. As such, these five companies remain as unexamined respondents.
Preliminary Results of Review As a result of this review, we calculated a weighted-average dumping margin of 26.22 percent for Borusan for the period May 1, 2019, through April 30, 2020. We assigned 26.22 percent, the weighted-average dumping margin of the mandatory respondent Borusan to the five non-selected companies in these preliminary results, as referenced below.
Estimated weightedaverage dumping margin percent
Exporter/producer
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan Istikbal Ticaret T.A.S
Review-Specific Average Rate Applicable to the Following
Borusan Holding
Borusan Mannesmann Yatirim Holding
Kale Baglanti Teknolojileri San. ve Tic. A.S
Kale Baglann Teknolojileri San. Ve Tic. A.S
Noksel Celik Boru Sanayi A.S

26.22
26.22
26.22
26.22
26.22

Upon issuance of the final results, Commerce will determine, and CBP
shall assess, antidumping duties on all appropriate entries covered by this review.10 The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review and for future deposits of estimated duties, where applicable.11 Commerce intends to issue assessment instructions to CBP
no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S.
Court of International Trade, the assessment instructions will direct CBP

not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired i.e., within 90 days of publication.
Pursuant to 19 CFR 351.212b1, where an examined respondents 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 an importerspecific ad valorem duty assessment rate based on the ratio of the total amount of dumping calculated for the U.S. sales for a given importer to the total entered value of those sales. Where a mandatory respondent did not report entered value, we calculate the entered value in order to calculate the assessment rate. Where either the
respondents weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106c1, 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 that were not selected for individual examination, we will instruct CBP to assess antidumping duties at an ad valorem rate equal to each companys weighted-average dumping margin determined in the final results of this review.
For entries of subject merchandise during the POR produced by Borusan for which it did not know that its merchandise was destined for the United States and for all entries
6 See Preliminary Decision Memorandum; see also Memorandum, Welded Carbon Steel Standard Pipe and Tube Products from Turkey: U.S. Customs and Border Protection Information for 20192020
Review Period, dated August 12, 2020.
7 See, e.g., Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipment; 20172018, 84 FR

34863 July 19, 2019, and accompanying Preliminary Decision Memorandum at 4; see also Non-Market Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694, 6569495 October 24, 2011 and the Assessment Rates section, below, and Certain Frozen Warmwater Shrimp from Thailand; Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Review, Preliminary Determination of No Shipments; 20122013, 79 FR
15951, 15952 March 24, 2014, unchanged in
Certain Frozen Warmwater Shrimp from Thailand:
Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission of Review; 20122013, 79 FR
51306, 51307 August 28, 2014.
8 See Respondent Selection Memorandum.
9 This rate is based on the rate calculated for Borusan.
10 19 CFR 351.212b1.
11 See section 751a2C of the Act.

Assessment Rates
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