[Federal Register Volume 77, Number 175 (Monday, September 10, 2012)]
[Notices]
[Pages 55455-55456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22238]
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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.
SUMMARY: On June 6, 2012, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on light-walled rectangular pipe and tube from
Turkey.\1\ The review covers one producer/exporter, Noksel Celik Boru
Sanayi A.S., (Noksel). The period of review (POR) is May 1, 2010,
through April 30, 2011. We invited interested parties to comment on our
Preliminary Results. Noksel submitted comments on July 6, 2012, but
withdrew them on July 9, 2012. Therefore, our final results remain
unchanged from our Preliminary Results. The final results are listed in
the section entitled ``Final Results of Review'' below.
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\1\ See Light-Walled Rectangular Pipe and Tube from Turkey:
Notice of Preliminary Results of Antidumping Duty Administrative
Review, 77 FR 33395 (June 6, 2012) (Preliminary Results).
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DATES: Effective September 10, 2012.
FOR FURTHER INFORMATION CONTACT: Mark Flessner 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-
6312 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2012, the Department published the preliminary results
of this review in the Federal Register. See Preliminary Results. We
invited parties to comment on the Preliminary Results. As stated above,
Noksel submitted comments on July 6, 2012, but withdrew them on July 9,
2012. No party requested a hearing.
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 CBP's customs
purposes, our written description of the scope of the order is
dispositive.
Final Results of Review
As noted above, the Department has no comments concerning the
[[Page 55456]]
Preliminary Results on the record of this segment of the proceeding. As
there are no changes from, or comments upon, the Preliminary Results on
the record, there is no decision memorandum accompanying this Federal
Register notice. For further details of the issues addressed in this
proceeding, see Preliminary Results. The final weighted-average dumping
margin for the period May 1, 2010, through April 30, 2011, is as
follows:
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Weighted-average
Producer/Exporter margin
(percentage)
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Noksel Celik Boru Sanayi A.S........................ 0.00
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Assessment
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, in accordance with 19 CFR 351.212(b)(1). The Department
intends to issue appropriate assessment instructions for the companies
subject to this review to CBP 15 days after the date of publication of
these final results.
Noksel reported that it was the importer of record for all of its
U.S. sales of subject merchandise. Pursuant to 19 CFR 351.212(b)(1), we
have calculated an importer-specific assessment rate based on the ratio
of the total amount of antidumping duties calculated for the examined
sales to the total entered value of those sales.
To determine whether the duty assessment rates were de minimis
(i.e., less than 0.50 percent) in accordance with the requirement set
forth in 19 CFR 351.106(c)(2), we calculated importer-specific ad
valorem rates based on reported and estimated entered values (when no
entered value was reported). Where the assessment rate is above de
minimis, we will instruct CBP to assess duties on all entries of
subject merchandise by that importer. 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.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\2\ 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 un-reviewed entries at the
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. See Assessment Policy Notice.
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\2\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
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Cash Deposit Requirements
The following deposit rates will be effective upon publication 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, as provided by section 751(a)(2)(C) of the Act: (1) For companies
covered by 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 producer 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 producer is
a firm covered in this or any previous review conducted by the
Department, the cash deposit rate will be 27.04 percent ad valorem, the
``all others'' rate established in the LTFV investigation.\3\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\3\ See Notice of Antidumping Duty Order: Light-Walled
Rectangular Pipe and Tube From Turkey, 73 FR 31065 (May 30, 2008).
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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 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 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.
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 30, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-22238 Filed 9-7-12; 8:45 am]
BILLING CODE 3510-DS-P