[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Notices]
[Pages 76939-76941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31678]
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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 Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: On June 8, 2011, 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. The administrative review covers the Borusan Group \1\ and
Toscelik,\2\ producers and exporters of the subject merchandise. The
period of review (``POR'') is May 1, 2009, through April 30, 2010.
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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., and Tosyali Dis Ticaret A.S. (collectively,
``Toscelik'').
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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: December 9, 2011.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or Victoria Cho, at
(202) 482-5973 or (202) 482-5075, 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
On June 8, 2011, 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 from Turkey; Notice of Preliminary
Results of Antidumping Duty Administrative Review, 76 FR 33204 (June 8,
2011) (``Preliminary Results'').
We invited interested parties to comment on our preliminary
results. We received case briefs from Toscelik, Borusan, and U.S. Steel
Corporation (``U.S. Steel''), on July 7, 2011, July 22, 2011, and July
22, 2011, respectively. On August 2, 2011, we received rebuttal briefs
from Borusan, U.S. Steel, and Allied Tube and Conduit Corporation and
TMK IPSCO (collectively, ``Allied Tube and TMK'').\3\ The Department
has conducted this administrative review in accordance with section 751
of the Tariff Act of 1930, as amended (``the Act'').
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\3\ U.S. Steel and Allied Tube and TMK are petitioners in this
administrative review.
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Period of Review
The POR covered by this review is May 1, 2009, through April 30,
2010.
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
[[Page 76940]]
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
All 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,
Acting Assistant Secretary for Import Administration, From: Christian
Marsh, 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 for the period of review May 1,
2009, through April 30, 2010, dated December 2, 2011 (``Issues and
Decision Memorandum''), which is hereby adopted by this notice. Parties
can find a complete discussion of all issues raised in this review and
the corresponding recommendation in this public memorandum which is on
file electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). Access to IA ACCESS is available in the Central Records
Unit, room 7046, of the main Commerce building. In addition, a complete
version of the Decision Memorandum can be accessed directly on the Web
at http://ia.ita.doc.gov/frn. The electronic versions of the Decision
Memorandum in IA ACCESS and on the Web are identical in content.
Changes From the Preliminary Results
Based on our analysis of the comments received from interested
parties, we have made the following changes in calculating Borusan's
and Toscelik's dumping margins for the final results: (1) We corrected
the margin program for a clerical error with respect to Borusan's
quarterly costs; (2) we revised Borusan's quarterly costs for exempted
duty; (3) we reclassified certain of Borusan's home market advertising
expenses as indirect expenses; (4) we adjusted Toscelik's reported
quarterly costs for new mill depreciation; (5) we adjusted Toscelik's
financial expense ratio denominator to exclude the effect of the
inventory impairment reversal; and (6) we applied the alternative
quarterly cost calculation methodology for Toscelik for the final
results. See Issues and Decision Memorandum at Comments 1 through 7 for
Borusan and Comments 8 through 11 for Toscelik. For further details on
how the changes were applied in the margin calculation, see Memorandum
to the File, from Victoria Cho and Dennis McClure, International Trade
Analysts, through James Terpstra, Program Manager, entitled ``Final
Results in the 2009/2010 Administrative Review on Welded Pipe and Tube
from Turkey,'' dated December 5, 2011; see also Memorandum to Neal M.
Halper from Laurens Van Houten, ``Regarding the Antidumping Duty
Administrative Review of Certain Welded Carbon Steel Standard Pipe and
Tube from Turkey (``Pipe and Tube''), Cost of Production and
Constructed Value Calculation Adjustments for the Final Results--
Borusan Mannesmann Boru Sanayi ve Ticaret, A.S. and Toscelik Profil ve
Sac Endustrisi A.S. and its affiliated exporter Tosyali Dis Ticaret,
A.S.,'' dated December 5, 2011.
Final Results of Review
As a result of this review, we determine that the following margins
exist for the period May 1, 2009, through April 30, 2010:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
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Borusan.................................................... 4.46
Toscelik................................................... 0.95
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Disclosure
We will disclose calculation memorandums used in our analysis to
parties to these proceedings within five days of the date of
publication of this notice.\4\
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\4\ 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 and Toscelik
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 for 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.
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.\5\ 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 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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\5\ 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
[[Page 76941]]
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.\6\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\6\ 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 and/or countervailing 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 and/or countervailing
duties occurred and the subsequent increase in antidumping duties by
the amount of antidumping and/or countervailing duties reimbursed.
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: December 2, 2011.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I--Issues in Decision Memorandum
Borusan
Comment 1: Whether To Use Quarterly Cost for Borusan
Comment 2: The Cost Recovery Test
Comment 3: Duty Exemption Calculation
Comment 4: Inadvertent Assignment of Surrogate Costs
Comment 5: The Department's Treatment of Borusan's Reported ``N'' in
Its VATH Field
Comment 6: Borusan's Home Market Adverting Expenses
Comment 7: Zeroing of Dumping Margins in Administrative Reviews
Toscelik
Comment 8: Application of Quarterly Costs
Comment 9: Financial Expense Ratio Calculation
Comment 10: Short-term Borrowing Rate Used To Calculate Imputed
Credit Expense
Comment 11: Treatment of Warranty and Bank Charges in the Program
[FR Doc. 2011-31678 Filed 12-8-11; 8:45 am]
BILLING CODE 3510-DS-P