[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Notices]
[Pages 72818-72820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29529]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Circular Welded Carbon Steel Pipes and Tubes From Turkey; Final
Results of Antidumping Duty Administrative Review; 2010 to 2011
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: On June 1, 2012, the Department of Commerce (``the
Department'') published the preliminary results of the administrative
review of the antidumping duty order on circular welded carbon steel
pipes and tubes from Turkey.\1\ This review covers four producers and
exporters of subject merchandise: Borusan, Erbosan, Toscelik, and
Yucel.\2\ The period of review (``POR'') is May 1, 2010, through April
30, 2011. 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.''
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\1\ See Circular Welded Carbon Steel Pipes and Tubes From
Turkey: Notice of Preliminary Results of Antidumping Duty
Administrative Review, 77 FR 32508 (June 1, 2012) (``Preliminary
Results'').
\2\ The Department initiated a review on the Borusan Group,
which includes Borusan Mannesmann Boru Sanayi ve Ticaret A.S.,
Borusan Birlesik Boru Fabrikalari San ve Tic., Borusan Istikbal
Ticaret T.A.S., Boruson Gemlik Boru Tesisleri A.S., Borusan Ihracat
Ithalat ve Dagitim A.S., Borusan Ithicat ve Dagitim A.S., and Tubeco
Pipe and Steel Corporation (collectively, ``Borusan''); ERBOSAN
Erciyas Boru Sanayi ve Ticaret A.S. (``Erbosan''); Toscelik Profil
ve Sac Endustrisi A.S., Toscelik Metal Ticaret A.S., Tosyali Dis
Ticaret A.S. (collectively, ``Toscelik''); the Yucel Group and all
affiliates, Yucel Boru ve Profil Endustrisi A.S., Yucelboru Ihracat
Ithalat ve Pazarlama A.S., and Cayirova Boru Sanayi ve Ticaret A.S.
(collectively, ``Yucel.'').
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DATES: Effective Date: December 6, 2012.
FOR FURTHER INFORMATION CONTACT: Victoria Cho or Christopher Hargett,
at (202) 482-5075 or (202) 482-4161, respectively; AD/CVD Operations,
Office 8, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2012, the Department published the Preliminary Results.
In the Preliminary Results, the Department did not address the targeted
dumping allegation submitted by the petitioner on May 9, 2012 and May
14, 2012.\3\ We invited interested parties to comment on the
Preliminary Results.\4\
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\3\ See id., 77 FR at 32510.
\4\ See id., 77 FR at 32512.
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On October 23, 2012, the Department issued a post-preliminary
analysis.\5\ At that time, we invited parties to comment on the
Department's analysis in addressing the petitioners' targeted dumping
allegation in this review.\6\
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\5\ See the Department's ``Circular Welded Carbon Steel Pipes
and Tubes from Turkey 2010-2011 Administrative Review: Post-
Preliminary Analysis and Calculation Memorandum,'' dated October 23,
2012 (``Post-Preliminary Analysis'').
\6\ See Post-Preliminary Analysis at 5; see also the
Department's October 31, 2012, memorandum to the File setting the
case and rebuttal brief due dates.
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On October 27, 2012, we invited Borusan to submit certain cost
data.\7\ Borusan submitted that data on October 29, 2012.\8\
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\7\ See the Department's October 27, 2012, section D
supplemental questionnaire to Borusan.
\8\ See Letter from Borusan to the Department, dated October 28,
2012, entitled ``Response of Borusan Mannesmann Boru Sanayi ve
Ticaret A.S. to the Supplemental Questionnaire Regarding Targeted
Dumping in the 2010-2011 Antidumping Administrative Review Involving
Certain Welded Carbon Steel Standard Pipe from Turkey.''
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[[Page 72819]]
On November 5, 2012, U.S. Steel and Borusan submitted comments on
the Department's analysis of the petitioners' targeted dumping
allegation in the Post-Preliminary Analysis.\9\ On November 8, 2012,
U.S. Steel and Toscelik submitted rebuttal comments to the Department's
Post-Preliminary Analysis.\10\
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\9\ See U.S. Steel's November 5, 2012, comments to the
Department's Post-Preliminary Analysis; Borusan's November 5, 2012,
comments to the Department's Post-Preliminary Analysis.
\10\ See Toscelik's November 8, 2012, rebuttal comments to the
Department's Post-Preliminary Analysis; U.S. Steel November 8, 2012,
rebuttal comments to the Department's Post-Preliminary Analysis.
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Period of Review
The POR covered by this review is May 1, 2010, through April 30,
2011.
Scope of the Order
The products covered by the 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. 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.\11\
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\11\ For the complete scope of this review, see Certain Welded
Carbon Steel Pipe and Tube From Turkey: Notice of Final Results of
Antidumping Duty Administrative Review, 76 FR 76939 (December 9,
2011).
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Determination of No Reviewable Entries
On September 30, 2011, the Department determined that Erbosan had
no reviewable entries during the POR.\12\ On October 17, 2011, the
Department determined that Yucel had no entries subject to review
during the POR.\13\ As a result, in the Preliminary Results, the
Department preliminarily determined that Erbosan and Yucel had no
reviewable entries during the POR.\14\ No interested party has since
submitted additional record evidence or commented on this issue.
Therefore, based on the record evidence, we continue to find that these
respondents had no reviewable entries during the POR.
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\12\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Import
Administration, entitled ``Welded Carbon Steel Pipe and Tube from
Turkey (Period of Review: May 1, 2010, through April 30, 2011):
Whether Entries Are Reviewable for ERBOSAN Erciyas Boru Sanayi ve
Ticaret A.S.,'' dated September 30, 2011.
\13\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Import
Administration, entitled ``Welded Carbon Steel Pipe and Tube from
Turkey (Period of Review: May 1,2010, through April 30, 2011):
Whether the Yucel Group's Entry Is Properly Classified and Subject
to Review,'' dated October 17, 2011.
\14\ See Preliminary Results, 77 FR at 32509.
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Moreover, consistent with our practice, we intend to issue
liquidation instructions to U.S. Customs and Border Protection
(``CBP'') concerning entries for Erbosan and Yucel following the final
results of the review.\15\ We will instruct CBP to liquidate any
existing unliquidated entries of merchandise produced and/or exported
by Erbosan and Yucel at the all-others rate.\16\
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\15\ See Stainless Steel Butt-Weld Pipe Fittings From Italy:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary No Shipment Determination, 76 FR 79651, 79651-52
(December 22, 2011), unchanged in Stainless Steel Butt-Weld Pipe
Fittings From Italy: Final Results of Antidumping Duty
Administrative Review and Final No Shipment Determination, 77 FR
24459, 24460 (April 24, 2012); see also Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
\16\ See, e.g., Magnesium Metal From the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922 (May 13, 2010), unchanged in Magnesium Metal From the Russian
Federation: Final Results of Antidumping Duty Administrative Review,
75 FR 56989 (September 17, 2010).
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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 I
to this notice and addressed in the Issues and Decision Memorandum,
dated concurrently with, and hereby adopted by, this notice.\17\ The
Issues and Decision Memorandum is a public document and is on file in
the Central Records Unit (``CRU''), Room 7046 of the main Department of
Commerce Building, as well as electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). IA ACCESS is available to
registered users at http://iaacess.trade.gov and is available to all
parties in the CRU. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/frn/index.html. The signed Issues and Decision
Memorandum and the electronic versions of the Issues and Decision
Memorandum are identical in content.
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\17\ See Issues and Decision Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for
Import Administration, entitled ``Final Results of the Antidumping
Duty Administrative Review: Circular Welded Carbon Steel Pipes and
Tubes from Turkey--May 1, 2010, through April 30, 2011,'' dated
concurrently with this notice.
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Changes From the Preliminary Results and Post-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 have
corrected the home market window period to account for all of Borusan's
POR sales; (2) we are not including Borusan's revenue from the sale of
land and profit from the previous year and, instead, will exclude such
revenue from the calculation of the general and administrative
(``G&A'') expense ratio; (3) we are including unpaid exempted import
duties in the calculation of Borusan's cost of production; and (4) we
re-calculated Toscelik's U.S. credit expense by using Toscelik's own
rates from short-term loans in the United States. See Issues and
Decision Memorandum at Comments 1 through 4 for Borusan and Comment 5
for Toscelik. For further details on how the changes were applied in
the margin calculation, see Memorandum to the File, from Victoria Cho
and Christopher Hargett, International Trade Analysts, through Robert
James, Program Manager, entitled ``Final Results in the 2010/2011
Administrative Review on Circular Welded Carbon Steel Pipes and Tubes
from Turkey,'' dated November 30, 2012; see also Memorandum from James
J. Balog, through Michael P. Martin, to Neal M. Halper, entitled ``Cost
of Production and Constructed Value Calculation Adjustments for the
Final Results--Borusan Mannesmann Boru Sanayive Ticaret A.S.,'' dated
November 28, 2012.
Final Results of Review
As a result of this review, we determine that the following
weighted-average dumping margins exist for the
[[Page 72820]]
period May 1, 2010, through April 30, 2011:
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Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
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Borusan................................................. 6.05
Toscelik................................................ 0.00
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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.\18\
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\18\ See 19 CFR 351.224(b).
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Assessment
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (``the Act''), and 19 CFR 351.212(b), the Department will
determine, and CBP shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. The Department intends to issue assessment instructions to
CBP 15 days after the date of publication of these final results of
review.
For assessment purposes, the Department applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and Assessment Rate in Certain
Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14,
2012).
We calculated such rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. If an importer-specific
assessment rate is zero or de minimis (i.e., less than 0.50 percent) or
exporter has a weighted-average dumping margin that is zero or de
minimis, the Department will instruct CBP to assess that importer's
entries of subject merchandise without regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\19\ 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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\19\ 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 cash deposit requirements will be effective upon
publication of this notice of final results of the administrative
review for all shipments of subject merchandise 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 the companies
subject to this review, the cash deposit rate will be the respective
rates established in the final results of this review, as listed above;
(2) for previously reviewed or investigated companies not listed above
that have their own rates, the cash deposit rate will continue to be
the company-specific rate published for the most recently completed
segment of this proceeding in which that manufacturer or exporter
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the LTFV investigation, but the manufacturer is, the
cash deposit rate will be the rate established for the most recently
completed segment of this proceeding for the manufacturer of the
subject merchandise; and (4) if neither the exporter nor the
manufacturer is a firm covered in this or any previous completed
segment conducted under this proceeding by the Department, the cash
deposit rate will be 14.74 percent, the all-others rate, established in
the LTFV investigation.\20\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\20\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products From Turkey, 51 FR 17784, 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 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 or 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: November 30, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I--Issues in Issues and Decision Memorandum
General Issues
Comment 1: Whether To Apply Targeted Dumping to Borusan and Toscelik
Company Specific Issues
Borusan
Comment 2: Home Market Window Period
Comment 3: G&A Expenses Calculation
Comment 4: Unpaid Exempted Duties as a Part of the Cost of
Production
Toscelik
Comment 5: U.S. Credit Expense
[FR Doc. 2012-29529 Filed 12-5-12; 8:45 am]
BILLING CODE 3510-DS-P