Federal Register, Volume 77 Issue 151 (Monday, August 6, 2012)

[Federal Register Volume 77, Number 151 (Monday, August 6, 2012)]
[Notices]
[Pages 46713-46715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19168]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-502]

Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final
Results of Countervailing Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,
Department of Commerce.

SUMMARY: On April 2, 2012, the Department of Commerce (the Department)
published in the Federal Register its preliminary results of
administrative review of the countervailing duty (CVD) order on certain
welded carbon steel standard pipe from Turkey for the January 1, 2010,
through December 31, 2010, period of review (POR).\1\ The Department
preliminarily found that the following producers/exporters of subject
merchandise covered by this review had de minimis net subsidy rates for
the POR: (1) Borusan Group, Borusan Mannesmann Boru Sanayi ve Ticaret
A.S. (BMB), and Borusan Istikbal Ticaret T.A.S. (Istikbal)
(collectively, Borusan); and (2) Tosyali dis Ticaret A.S. (Tosyali) and
Toscelik Profil ve Sac Endustrisi

[[Page 46714]]

A.S. (Toscelik Profil), (collectively, Toscelik).\2\ The Department has
now completed the administrative review in accordance with section
751(a) of the Tariff of 1930, as amended (the Act). Based on our
analysis of comments received, the Department has not revised the net
subsidy rate for Borusan and Toscelik. Further discussion of our
analysis of the comments received is provided in the accompanying
issues and decision memorandum.\3\ The final net subsidy rate for
Borusan and Toscelik is listed below in the ``Final Results of Review''
section.
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\1\ See Certain Welded Carbon Steel Standard Pipe From Turkey:
Preliminary Results of Countervailing Duty Administrative Review, 77
FR 19623 (April 2, 2012) (Preliminary Results).
\2\ The review of Erbosan Erciyas Boru Sanayi ve Ticaret A.S.
(Erbosan) was rescinded. See Certain Welded Carbon Steel Standard
Pipe and Tube from Turkey: Notice of Rescission of Countervailing
Duty Administrative Review, In Part, 77 FR 6542 (February 8, 2012).
\3\ See Issues and Decision Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Import
Administration, concerning the Final Results of Administrative
Review of the Countervailing Duty Order on Certain Welded Carbon
Steel Standard Pipe from Turkey (Decision Memorandum).

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DATES: Effective Date: August 6, 2012.

FOR FURTHER INFORMATION CONTACT: Jolanta Lawska at 202-482-8362 (for
Borusan) and Gayle Longest at 202-482-3338 (for Toscelik), 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 March 7, 1986, the Department published in the Federal Register
the CVD order on certain welded carbon steel pipe and tube products
from Turkey.\4\ On April 2, 2012, the Department published in the
Federal Register the preliminary results for this review.\5\ In the
Preliminary Results, we invited interested parties to submit case
briefs commenting on the preliminary results or to request a
hearing.\6\ On April 20, 2012, we issued Memorandum to the File from
Jolanta Lawska, Trade Analyst, AD/CVD Operations, Office 3, regarding
``Case and Rebuttal Briefs Schedule,'' (April 20, 2012). On May 18,
2012, we received case briefs from Borusan, Toscelik and Wheatland Tube
Company (Wheatland). On May 23, 2012, we received rebuttal briefs from
United States Steel Corporation (U.S. Steel) and Wheatland. We did not
hold a hearing in this review, as one was not requested.
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\4\ See Countervailing Duty Order: Certain Welded Carbon Steel
Pipe and Tube Products From Turkey, 51 FR 7984 (March 7, 1986).
\5\ See Preliminary Results, 77 FR 19623.
\6\ Petitioners in this review are Wheatland Tube Company,
Allied Tube and Conduit Corporation and TMK IPSCO, and United States
Steel Corporation (collectively, Petitioners).
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Scope of 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.

Analysis of Comments Received

All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Decision Memorandum,
dated concurrently with this notice and which is hereby adopted by this
notice. A list of the issues which parties have raised, and to which we
have responded in the Decision Memorandum, is attached to this notice
as an Appendix. The Decision Memorandum is a public document and is on
file electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA ACCESS).
IA ACCESS is available in the Central Records Unit, main Commerce
Building, Room 7046. In addition, a complete version of the Decision
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn/. The signed Decision Memorandum and electronic
version of the Decision Memorandum are identical in content.

Final Results of Review

As noted above, the Department received comments concerning the
preliminary results. Consistent with the Preliminary Results, we
continue to find that Borusan and Toscelik had de minimis net
countervailable subsidy rates for the POR. In accordance with section
751(a)(1)(A) of the Act, we calculated a total net countervailable
subsidy rate of 0.22 percent ad valorem for Borusan and 0.35 percent
for Toscelik. Pursuant to 19 CFR 351.106(c), these calculated rates are
de minimis.

Assessment Rates/Cash Deposits

The Department intends to issue assessment instructions to U.S.
Customs and Border Protection (CBP) 15 days after the date of
publication of these final results, to liquidate shipments of subject
merchandise by Borusan and Toscelik entered, or withdrawn from
warehouse, for consumption on or after January 1, 2010, through
December 31, 2010, without regard to countervailing duties because a de
minimis subsidy rate was calculated for each company. We will also
instruct CBP not to collect cash deposits of estimated countervailing
duties on shipments of the subject merchandise by Borusan and Toscelik
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this review.
For all non-reviewed companies, we will instruct CBP to continue to
collect cash deposits at the most recent company-specific or country-
wide rate applicable to the company. Accordingly, the cash deposit
rates that will be applied to companies covered by this order, but not
examined in this review, are those established in the most recently
completed administrative proceeding for each company. The cash deposit
rates for all companies not covered by this review are not changed by
the results of this review, and remain in effect until further notice.

Return or Destruction of Proprietary Information

This notice also serves as a reminder to parties subject to
administrative protective order (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 the 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 final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.

Dated: July 30, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

Methodology and Background Information

Subsidies Valuation Information

A. Attribution of Subsidies.
B. Benchmark Interest Rates.

Analysis of Programs

I. Programs Determined To Be Countervailable

A. Deduction from Taxable Income for Export Revenue.
B. Foreign Trade Companies Short-Term Export Credits.
C. Pre-Export Credits.
D. Pre-Shipment Export Credits.

[[Page 46715]]

E. Short-Term Pre-Shipment Rediscount Program.
F. Law 5084: Withholding of Income Tax on Wages and Salaries.
G. Law 5084: Incentive for Employers' Share in Insurance
Premiums.
H. Law 5084: Allocation of Free Land.
I. Law 5084: Energy Support.
J. OIZ: Exemption from Property Tax.

II. Programs Determined To not Confer Countervailable Benefits

A. Inward Processing Certificate Exemption.
B. Investment Encouragement Program (IEP): Customs Duty
Exemptions.

III. Programs Determined To not Be Used

A. Post-Shipment Export Loans.
B. Export Credit Bank of Turkey Buyer Credits.
C. Subsidized Turkish Lira Credit Facilities.
D. Subsidized Credit for Proportion of Fixed Expenditures.
E. Subsidized Credit in Foreign Currency.
F. Regional Subsidies.
G. VAT Support Program (Incentive Premium on Domestically
Obtained Goods).
H. IEP: VAT Exemptions.
I. IEP: Reductions in Corporate Taxes.
J. IEP: Interest Support.
K. IEP: Social Security Premium Support.
L. IEP: Land Allocation.
M. National Restructuring Program.
N. Regional Incentive Scheme: Reduced Corporate Tax Rates.
O. Regional Incentive Scheme: Social Security Premium
Contribution for Employees.
P. Regional Incentive Scheme: Allocation of State Land.
Q. Regional Incentive Scheme: Interest Support.
R. OIZ: Waste Water Charges.
S. OIZ: Exemptions From Customs Duties, VAT, and Payments for
Public Housing Fund, for Investments for Which an Income Certificate
Is Received.
T. OIZ: Credits for Research and Development Investments,
Environmental Investments, Certain Technology Investments, Certain
``Regional Development'' Investments, and Investments Moved From
Developed Regions to ``Regions of Special Purpose''.
U. Provision of Buildings and Land Use Rights for Less Than
Adequate Remuneration Under the Free Zones Law.
V. Corporate Income Tax Exemption Under the Free Zones Law.
W. Stamp Duties and Fees Exemptions Under the Free Zones Law.
X. Customs Duties Exemptions Under the Free Zones Law.
Y. Value-Added Tax Exemptions Under the Free Zones Law.
Z. OIZ: Exemption From Building and Construction Charges.
AA. OIZ: Exemption From Amalgamation and Allotment Transaction
Charges.

Analysis of Comments

Borusan

Comment 1: Whether the Department Should Grant an Offset to the
Gross Subsidy Found on Turkish Eximbank Loans for the Bank Guarantee
Fees.

Toscelik

Comment 2: Whether the Denominator for Benefits at the Osmaniye
Plant Should Include Sale of Billets.
Comment 3: Whether the GOT's Energy Subsidies Under Law 5084
Were Properly Attributed to the Subject Merchandise.
Comment 4: Whether the Benchmark Price Used to Calculate
Toscelik's Benefit from the Provision of Land for Less Than Adequate
Remuneration in the Organized Industrial Zone (OIZ) Should be
Revised.
Comment 5: Whether the Department Correctly Attributed Subsidies
Received by Toscelik in the OIZ to Subject Merchandise and Should
Continue To Do So in the Final Results.

[FR Doc. 2012-19168 Filed 8-3-12; 8:45 am]
BILLING CODE 3510-DS-P