[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Notices]
[Pages 78886-78887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32545]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-502]
Certain Welded Carbon Steel Standard Pipe and Tube From Turkey:
Intent To Rescind Countervailing Duty Administrative Review, in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: December 20, 2011.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, Room 4014, 14th Street and Constitution
Avenue NW, Washington, DC 20230, telephone: (202) 482-4793
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2011, the Department of Commerce (the Department)
published a notice of opportunity to request an administrative review
of the countervailing duty (CVD) order on certain welded carbon steel
pipe and tube from Turkey. See Antidumping or Countervailing Duty
Order, Finding, or Suspended Investigation; Opportunity to Request
Administrative Review, 76 FR 11197 (March 1, 2011). On March 30, 2011,
we received a letter from Erbosan Erciyas Boru Sanayi ve Ticaret A.S.
(ERBOSAN) requesting that the company's entries for the period of
review be reviewed by the Department. On April 27, 2011, the Department
published the notice of initiation of the administrative review of this
CVD order for the period of review (POR) of January 1, 2010, through
December 31, 2010, which included ERBOSAN.\1\ See Initiation of
Antidumping and Countervailing Duty Administrative Reviews, 76 FR 23545
(April 27, 2011).
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\1\ A review of the following companies was also initiated:
Borusan Group, Borusan Mannesmann Boru Sanayi ve Ticaret A.S.,
Borusan Istikbal Ticaret T.A.S., Tosyali dis Ticaret A.S., and
Toscelik Profil ve Sac Endustrisi A.S.
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On October 27, 2011, the Department requested U.S. Customs and
Border Protection (CBP) data on Type 3 entries of subject merchandise
to the United States produced by EROBSAN during the POR. See Memorandum
to the File from Kristen Johnson, Trade Analyst, AD/CVD Operations,
Office 3, regarding ``Request for Customs Data in the Countervailing
Duty Administrative Review of Certain Welded Carbon Steel Standard Pipe
from Turkey,'' (October 27, 2011). A Type 3 entry is an entry of
merchandise imported into the United States which is subject to
antidumping or countervailing duties, as the case may be, and for which
liquidation is suspended until after the completion of an
administrative review in which the assessment rate is calculated. We
reviewed the customs data provided by CBP and found that there were no
suspended entries of subject merchandise produced by ERBOSAN for the
POR.
On November 3, 2011, we issued a letter to ERBOSAN explaining that
the Department's practice requires there to be a suspended entry during
the POR upon which to assess duties in order to conduct an
administrative review.\2\ As
[[Page 78887]]
such, we requested that EROBSAN submit evidence demonstrating that the
company had a Type 3 entry of subject merchandise to the United States
during the CVD POR. We also explained that if ERBOSAN is unable to
provide such documentation, the Department will find that there are no
suspended entries of subject merchandise produced by EROBSAN against
which to assess duties and will rescind the 2010 CVD administrative
review with respect to the company. See Letter from the Department to
ERBOSAN regarding ``Entry Documentation,'' (November 3, 2011). On
November 17, 2011, ERBOSAN reported that because the exports of subject
merchandise to the United States during the POR were to an unrelated
importer, the company does not have any entry documentation. See
ERBOSAN's ``Response to Entry Documentation Request,'' (November 17,
2011) at 2.
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\2\ See, e.g., Certain Hot-Rolled Carbon Steel Flat Products
from India: Final Results of Antidumping Duty Administrative Review,
76 FR 42679 (July 19, 2011), and accompanying Issues and Decision
Memorandum at Comment 1; see also Certain Cut-to-Length Carbon-
Quality Steel Plate Products from Italy: Final Results and Partial
Rescission of Antidumping Duty Administrative Review, 71 FR 39299,
39302 (July 12, 2006), and Portable Electric Typewriters from Japan;
Final Results of Antidumping Duty Administrative Review, 56 FR
14072, 14073 (April 5, 1991).
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On December 2, 2011, officials of Import Administration met with
ERBOSAN's counsel to discuss the company's entries of subject
merchandise during the POR. See Memorandum to the File from Kristen
Johnson, Trade Analyst, AD/CVD Operations, Office 3, regarding
``Meeting with Counsel for ERBOSAN,'' (December 5, 2011).
Scope of the Order
The products covered by this order are certain welded carbon steel
pipe and tube with an outside diameter of 0.375 inch or more, but not
over 16 inches, of any wall thickness (pipe and tube) from Turkey.
These products are currently provided for under the Harmonized Tariff
Schedule of the United States (HTSUS) as item numbers 7306.30.10,
7306.30.50, and 7306.90.10. Although the HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
merchandise is dispositive.
Intent To Rescind the 2010 Administrative Review, in Part
Because ERBOSAN is unable to provide evidence that the company had
a Type 3 entry of subject merchandise to the United States during the
POR, we preliminarily determine that we will rescind the review for
ERBOSAN.\3\ In Allegheny Ludlum Corp. v. United States, 346 F.3d 1368
(Fed. Cir. 2003), the Court of Appeals for the Federal Circuit upheld
the Department's practice of rescinding annual reviews when there are
no entries of subject merchandise during the POR. Accordingly, we will
continue this administrative review with respect to the Borusan Group,
Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan Istikbal
Ticaret T.A.S., Tosyali dis Ticaret A.S., and Toscelik Profil ve Sac
Endustrisi A.S.
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\3\ We also intend to notify CBP about the status of entries of
subject merchandise produced/exported by ERBOSAN.
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Public Comment
The Department is setting aside a period for interested parties to
raise issues regarding the preliminary determination to rescind the
administrative review for ERBOSAN. Interested parties may submit such
comments within 20 calendar days of the publication of this notice.
Comments must be filed electronically using Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (IA ACCESS).
We are issuing this notice in accordance with sections 751(a)(1)
and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR
351.213(d)(4) of the Department's regulations.
Dated: December 13, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-32545 Filed 12-19-11; 8:45 am]
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