[Federal Register Volume 75, Number 201 (Tuesday, October 19, 2010)]
[Notices]
[Pages 64250-64252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26271]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Certain Welded Carbon Steel Pipe and Tube From Turkey: Notice of
Final Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: On June 11, 2010, the Department of Commerce (``the
Department'') published the preliminary results of the antidumping duty
administrative review of certain welded carbon steel pipe and tube from
Turkey. This review covers four producers/exporters. The period of
review (``POR'') is May 1, 2008, through April 30, 2009.
Based on our analysis of the comments received, we have made
certain changes in the margin calculations. The final results,
consequently, differ from the preliminary results. The final weighted-
average dumping margins for the reviewed firms are listed below in the
section entitled ``Final Results of Review.''
DATES: Effective Date: October 19, 2010.
FOR FURTHER INFORMATION CONTACT: Joy Zhang or Christopher Hargett, at
(202) 482-1168 or (202) 482-4161, respectively; AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
The administrative review covers the following four producers/
exporters: The Borusan Group,\1\ Toscelik,\2\ Erbosan Erciyas Boru
Sanayi ve Ticaret A.S. (``Erbosan''), and the Yucel Group companies.\3\
On July 28, 2009, due to the significant number of requests received
and the Department's resource constraints at the time of initiation of
the instant review, the Department informed known interested parties of
its intent to limit the number of companies examined in the current
review. See Memo to Melissa Skinner, through James Terpstra, from
Dennis McClure, ``Antidumping Duty Administrative Review of Certain
Welded Carbon Steel Pipe and Tube from Turkey: Selection of Respondents
for Individual Review,'' dated July 28, 2009. In accordance with
section 777A(c)(2)(B) of the Tariff Act of 1930, as amended (``the
Act''), we selected Borusan and Toscelik as mandatory respondents. On
June 11, 2010, the Department published in the Federal Register the
preliminary results of the antidumping duty administrative view of
certain welded carbon steel pipe and tube from Turkey. See Certain
Welded Carbon Steel Pipe and Tube
[[Page 64251]]
from Turkey: Notice of Preliminary Results of Antidumping Duty
Administrative Review, 75 FR 33262, (June 11, 2010) (``Preliminary
Results'').
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\1\ The Borusan Group includes Borusan Mannesmann Boru Sanayi ve
Ticaret A.S., Borusan Birlesik Boru Fabrikalari San ve Tic., Borusan
Istikbal Ticaret T.A.S., Boruson Holding A.S., Boruson Gemlik Boru
Tesisleri A.S., Borusan Ihracat Ithalat ve Dagitim A.S., and Borusan
Ithicat ve Dagitim A.S. (collectively ``Borusan'')
\2\ Toscelik Profil ve Sac Endustrisi A.S., Toscelik Metal
Ticaret A.S., Tosyali Dis Ticaret A.S. (collectively ``Toscelik'').
\3\ Cayirova Boru Sanayi ve Ticaret A.S., Yucel Boru ve Profil
Endustrisi A.S., and Yucelboru Ihracat Ithalat ve Pazarlama A.S.
(collectively ``Yucel Group Companies)''.
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We invited parties to comment on our preliminary results. On July
30, 2010, we received case briefs from Borusan and United States Steel
Corporation (``U.S. Steel''). On August 5, 2010, and August 6, 2010, we
received rebuttal briefs from the same parties, respectively. The
Department has conducted this administrative review in accordance with
section 751 of the Act.
Period of Review
The POR covered by this review is May 1, 2008, through April 30,
2009.
Scope of the Order
The products covered by this order include circular welded non-
alloy steel pipes and tubes, of circular cross-section, not more than
406.4 millimeters (16 inches) in outside diameter, regardless of wall
thickness, surface finish (black, galvanized, or painted), or end
finish (plain end, beveled end, threaded and coupled). Those pipes and
tubes are generally known as standard pipe, though they may also be
called structural or mechanical tubing in certain applications.
Standard pipes and tubes are intended for the low pressure conveyance
of water, steam, natural gas, air, and other liquids and gases in
plumbing and heating systems, air conditioner units, automatic
sprinkler systems, and other related uses. Standard pipe may also be
used for light load-bearing and mechanical applications, such as for
fence tubing, and for protection of electrical wiring, such as conduit
shells.
The scope is not limited to standard pipe and fence tubing, or
those types of mechanical and structural pipe that are used in standard
pipe applications. All carbon steel pipes and tubes within the physical
description outlined above are included in the scope of this order,
except for line pipe, oil country tubular goods, boiler tubing, cold-
drawn or cold-rolled mechanical tubing, pipe and tube hollows for
redraws, finished scaffolding, and finished rigid conduit.
Imports of these products are currently classifiable under the
following Harmonized Tariff Schedule of the United States (``HTSUS'')
subheadings: 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.
Although the HTSUS subheadings are provided for convenience and customs
purposes, our written description of the scope of this proceeding is
dispositive.
Analysis of Comments Received
Issues raised in the case and rebuttal briefs by parties to this
proceeding and to which we have responded are listed in Appendix 1 to
this notice and addressed in the Memorandum To: Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration, From: Susan H.
Kuhbach, Acting Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, Subject: Issues and Decision Memorandum
for the Final Results of the Antidumping Duty Administrative Review:
Certain Welded Carbon Steel Pipe and Tube from Turkey, dated October 5,
2010 (``Issues and Decision Memorandum''), which is hereby adopted by
this notice. Parties can find a complete discussion of the issues
raised in this administrative review and the corresponding
recommendations in this public memorandum, which is on file in the
Central Records Unit (``CRU''), Room 7046 of the main Department
building. In addition, a copy of the Issues and Decision Memorandum can
be accessed directly on our Web site at http://ia.ita.doc.gov/frn. The
paper copy and electronic version of the Issues and Decision Memorandum
are identical in content.
Yucel Group Companies
In the Preliminary Results, the Department found that the Yucel
Group companies had no shipments of subject merchandise and announced
its intent to liquidate any entries of merchandise produced by the
Yucel Group companies and exported by other parties at the all-others
rate.\4\ We did not receive any comments on our preliminary results
with respect to the Yucel Group companies. Thus, there is no
information or argument on the record of the current review that
warrants reconsidering our preliminary decision to liquidate any
existing entries of merchandise produced by the Yucel Group companies
and exported by other parties at the all-others rate. Therefore, we
will instruct CBP to liquidate any existing entries of merchandise
produced by the Yucel Group companies and exported by other parties at
the all-others rate.
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\4\ See Preliminary Results, 75 FR 33263.
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Final Results of Review
As a result of this review, we determine that the following margins
exist for the period May 1, 2008, through April 30, 2009:
------------------------------------------------------------------------
Weighted-
Manufacturer/exporter Average margin
(percent)
------------------------------------------------------------------------
Borusan................................................. 5.57
Toscelik................................................ 0.00
Erbosan................................................. 5.57
All Others.............................................. 14.74
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Disclosure
We will disclose any memorandums used in our analysis to parties to
these proceedings within five days of the date of publication of this
notice.\5\
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\5\ See 19 CFR 351.224(b).
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Assessment
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries.
Pursuant to 19 CFR 351.212(b)(1), because Borusan reported the
entered value for all of its U.S. sales, we have calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of antidumping duties calculated for the examined sales to
the total entered value of the sales which entered value was reported.
To determine whether the duty assessment rates are de minimis, in
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we
have calculated importer-specific ad valorem ratios based on the
entered value.
For the remaining company, Erbosan, which was not selected for
individual examination, we will instruct CBP to apply the rate listed
above to all entries of subject merchandise produced and/or exported by
that firm. It is the Department's practice to calculate such a rate as
the weighted average of the cash deposit rates calculated for the
companies selected for individual examination, excluding any which are
de minimis or determined entirely on adverse facts available. For this
review, it is the rate calculated for Borusan; the only above de
minimis rate.
Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate
without regard to antidumping duties any entries for which the
assessment rate is de minimis (i.e., less than 0.50 percent). The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\6\ This clarification will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did
[[Page 64252]]
not know their merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
country-specific all-others rate established in the less-than-fair-
value (``LTFV'') investigation if there is no rate for the intermediate
company(ies) involved in the transaction.
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\6\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following antidumping duty deposit rates will be effective upon
publication of this notice of final results of the administrative
review for all shipments of welded pipe and tube from Turkey entered,
or withdrawn from warehouse, for consumption on or after the date of
the publication of these final results, as provided by section
751(a)(1) of the Act: (1) For the companies subject to this review, the
cash deposit rate will be the rates listed above; (2) for previously
reviewed or investigated companies not listed above, the cash deposit
rate will continue to be the company-specific rate published for the
most recent final results in which that manufacturer or exporter
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the original LTFV investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recent final results for the manufacturer of the merchandise;
and, (4) 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 14.74 percent, the all-others rate established in
the LTFV investigation.\7\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\7\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products From Turkey, 51 FR 17784 (May 15, 1986).
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Notification to Importers
This notice serves as a final 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
This notice serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing these results of review in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 12, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memorandum
1. Treatment of ``Negative Dumping Margins'' (Zeroing)
2. Method of Indexing Quarterly Costs
3. Borusan's Duty Drawback
[FR Doc. 2010-26271 Filed 10-18-10; 8:45 am]
BILLING CODE 3510-DS-P