[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Notices]
[Pages 57953-57955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24007]
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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.
[[Page 57954]]
SUMMARY: On June 8, 2011, 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, 76 FR 33200 (June 8, 2011) (Preliminary
Results). We gave interested parties an opportunity to comment on the
Preliminary Results, but we received no comments.
DATES: Effective Date: September 19, 2011
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 8, 2011, 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 respondent subject to this review is Noksel Celik Boru Sanayi A.S.,
(Noksel). 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, 76 FR at 33204.
No interested party submitted briefs. We have made no changes for the
final results.
Period of Review
The period of review (POR) is May 1, 2009, through April 30, 2010.
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 U.S. Customs and Border Protection
(CBP) 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 May 1, 2009, through April 30, 2010:
------------------------------------------------------------------------
Weighted
Average
Manufacturer Margin
(percentage)
------------------------------------------------------------------------
Noksel Celik Boru Sanayi 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 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 is 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 Noksel for which Noksel
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 less than fair value
(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 completion of the final results of this administrative review 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)(2)(c) of the Tariff Act of 1930, as amended
(the Act): (1) The cash deposit rate for Noksel 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 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 27.04 percent ad valorem from the LTFV
investigation. Id. These deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
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
[[Page 57955]]
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 Act.
Dated: September 12, 2011.
Christian Marsh,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-24007 Filed 9-16-11; 8:45 am]
BILLING CODE 3510-DS-P