[Federal Register Volume 75, Number 191 (Monday, October 4, 2010)]
[Notices]
[Pages 61127-61128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24831]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-815]
Light-Walled Rectangular Pipe and Tube from Turkey; Notice of
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 15, 2010, the Department of Commerce (the Department)
published in the Federal Register the preliminary results of the
administrative review of the antidumping duty order on Light-Walled
Rectangular Pipe and Tube from Turkey. See Light-Walled Rectangular
Pipe and Tube from Turkey; Notice of Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 33779 (June 15, 2010) (Preliminary
Results). We gave interested parties an opportunity to comment on the
Preliminary Results, but and received noneno comments.
EFFECTIVE DATE: October 4, 2010.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, or Robert James, AD/
CVD Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-1121
or (202) 482-0649, respectively
SUPPLEMENTARY INFORMATION:
Background
On June 15, 2010, the Department published the preliminary results
of administrative review of the antidumping duty order covering light-
walled rectangular pipe and tube from Turkey. See Preliminary Results.
The parties subject to this review are Tos[ccedil]elik Profil ve Sac
Endustrisi A.S. and Tosyali Dis Ticaret A.S. (collectively,
Tos[ccedil]elik). The petitioners in this proceeding are Atlas Tube,
Inc. and Searing Industries, Inc. (collectively, Petitioners).
In the Preliminary Results, the Department stated that interested
parties were to submit case briefs within 30 days of publication of the
Preliminary Results and rebuttal briefs within five days after the due
date for filing case briefs. See Preliminary Results at 33782. No
interested party submitted a case or rebuttal brief. On July 29, 2010,
we released the verification report for the sales verification of
Tos[ccedil]elik. See Memorandum from Tyler Weinhold and Mark Flessner
to the file, ``Verification of Sections A-C Questionnaire Responses
submitted by Toscelik Profil ve Sac End. A.S. (Toscelik Profil) and its
affiliated exporter Tosyali Dis Ticaret San. A.S. (Tosyali Dis Ticaret)
(collectively Toscelik) in the Antidumping Duty Administrative Review
of Light-Walled Rectangular Pipe and Tube From Turkey'' (Verification
Report). No interested party submitted comments on the report. We made
no changes for the final results.
[[Page 61128]]
Period of Review
The period of review (POR) is January 30, 2008, through April 30,
2009.
Scope of the Order
The merchandise subject to this order is certain welded carbon
quality light-walled steel pipe and tube, of rectangular (including
square) cross section, having a wall thickness of less than 4 mm. The
term carbon-quality steel includes both carbon steel and alloy steel
which contains only small amounts of alloying elements. Specifically,
the term carbon-quality includes products in which none of the elements
listed below exceeds the quantity by weight respectively indicated:
1.80 percent of manganese, or 2.25 percent of silicon, or 1.00 percent
of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or
0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of
nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or
0.10 percent of niobium, or 0.15 percent vanadium, or 0.15 percent of
zirconium. The description of carbon-quality is intended to identify
carbon-quality products within the scope. The welded carbon-quality
rectangular pipe and tube subject to this order is currently classified
under the Harmonized Tariff Schedule of the United States (HTSUS)
subheadings 7306.61.50.00 and 7306.61.70.60. While HTSUS subheadings
are provided for convenience and CBP's customs purposes, our written
description of the scope of the order is dispositive.
Final Results of Review
The Department has determined that the following margins exist for
the period January 30, 2008, through April 30, 2009:
------------------------------------------------------------------------
Weighted Average
Manufacturer Margin
(percentage)
------------------------------------------------------------------------
Tos[ccedil]elik Profil Ve Sac Endustrisi A.S........ 0.00%
------------------------------------------------------------------------
Assessment Rates
Pursuant to these final results, the Department has determined, and
CBP shall assess, antidumping duties on all appropriate entries. The
Department intends to issue assessment instructions for Toscelik to CBP
15 days after the date of publication of these final results. Pursuant
to 19 CFR 351.212(b)(1), we calculated importer-specific (or customer-
specific) ad valorem duty assessment rates based on the ratio of the
total amount of the dumping margins calculated for the examined sales
to the total entered value of those same sales. We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review if any importer-specific (or customer-specific) assessment rate
calculated in the final results of this review are above de minimis.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
of Antidumping Duties). This clarification will apply to entries of
subject merchandise during the POR produced by Tos[ccedil]elik for
which Tos[ccedil]elik did not know the merchandise was destined for the
United States. In such instances, we will instruct CBP to liquidate un-
reviewed entries at the 27.04 percent all-others rate from the LTFV
investigation if there is no company-specific rate for an intermediary
involved in the transaction. See Notice of Antidumping Duty Order:
Light-Walled Rectangular Pipe and Tube From Turkey, 73 FR 31065 (May
30, 2008). See Assessment of Antidumping Duties for a full discussion
of this clarification.
Cash Deposit Requirements
Furthermore, the following deposit requirements will be effective
upon publication of these final results for all shipments of light-
walled rectangular pipe and tube from Turkey 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)(1) of the Tariff Act: 1) the cash deposit rate for Toscelik
Profil Ve Sac Endustrisi A.S. will be the rate established in the final
results of review; 2) if the exporter is not a firm covered in this
review or the less-than-fair-value (LTFV) investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recent period for the manufacturer of the merchandise; and 3)
if neither the exporter nor the manufacturer is a firm covered in this
or any previous review conducted by the Department, the cash deposit
rate will be the all-others rate from the LTFV investigation. Id. These
deposit requirements, when imposed, shall remain in effect until
further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Tariff Act.
Dated: September 27, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-24831 Filed 10-1-10; 8:45 am]
BILLING CODE 3510-DS-S