[Federal Register Volume 78, Number 2 (Thursday, January 3, 2013)]
[Notices]
[Pages 286-287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31638]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Circular Welded Carbon Steel Pipes and Tubes From Turkey; Amended
Final Results of Antidumping Duty Administrative Review; 2010 to 2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 6, 2012, the Department of Commerce (the
Department) published its final results of the administrative review of
the antidumping duty order on circular welded carbon steel pipes and
tubes from Turkey for the period of review (POR) May 1, 2010, through
April 30, 2011.\1\ We are amending our final results to correct a
ministerial error made in the calculation of the weighted-average
dumping margin for the Borusan Group (Borusan),\2\ pursuant to section
751(h) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Circular Welded Carbon Steel Pipes and Tubes from
Turkey; Final Results of Antidumping Duty Administrative Review;
2010 to 2011, 77 FR 72818 (December 6, 2012) (Final Results).
\2\ The Borusan Group includes the following entities: 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. See Final Results, 77 FR at 72818.
---------------------------------------------------------------------------
DATES: Effective Date: January 3, 2013.
FOR FURTHER INFORMATION CONTACT: Christopher Hargett, AD/CVD
Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4161.
SUPPLEMENTARY INFORMATION:
Background
On December 5, 2012, pursuant to 19 CFR 351.224(c), Borusan alleged
that the Department committed a ministerial error and requested that
the Department correct this error.\3\ Specifically, Borusan alleged
that the margin program contains a programming error in identifying the
month of sale for U.S. sales with the result that U.S. sales are
matched first to home market sales in a month outside of the 90-60 day
window.\4\
---------------------------------------------------------------------------
\3\ See Letter to the Department from Borusan entitled
``Ministerial Error Allegation Submitted on Behalf of Borusan
Mannesmann Boru Sanayi ve Ticaret A.S.,'' dated December 5, 2012.
\4\ See id. at 2-3.
---------------------------------------------------------------------------
On December 10, 2012, U.S. Steel Corporation (U.S. Steel) submitted
comments on Borusan's ministerial error allegation.\5\ In its
submission, U.S. Steel contends that, if the Department accepts
Borusan's proposed changes to the margin calculations, the Department
also should make an additional modification to the margin program to
ensure that the targeted dumping analysis is performed correctly.\6\
---------------------------------------------------------------------------
\5\ See Letter to the Department from U.S. Steel regarding the
ministerial error allegation submitted by Borusan, dated December
10, 2012.
\6\ See id. at 2.
---------------------------------------------------------------------------
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.\7\
---------------------------------------------------------------------------
\7\ 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).
---------------------------------------------------------------------------
Amended Final Results of Review
After analyzing Borusan's comments, we have determined, in
accordance with section 751(h) of Act and 19 CFR 351.224, that the
Department made a ministerial error in the calculation for Borusan
regarding the assignment of the sales month for U.S. and home market
sales.\8\ In particular, the Department correctly stated in the final
results that, consistent with our practice, we implemented certain
changes to include home market sales starting on November 1, 2009;
however, in so doing, we did not implement these changes to the U.S.
sales data such that sales made in contemporaneous months in the home
market and U.S. market would be matched for calculation of the weighted
average dumping margin.\9\ Therefore, the Department finds that it made
a clerical error when it inadvertently failed to subtract home market
sales prices from U.S. sales prices made in contemporaneous months to
calculate the weighted-average dumping margin. The Department also
finds that U.S. Steel is correct that the margin program must be
updated to ensure that the targeted dumping analysis is performed
correctly.\10\ The Department has now corrected these errors and,
consequently, Borusan's final weighted-average dumping margin.
---------------------------------------------------------------------------
\8\ See Analysis Memorandum for the Borusan Group, dated
concurrently with this notice (Borusan Calc Memo).
\9\ See Final Results, 77 FR at 72818, and accompanying Issues
and Decision Memorandum at Comment 2.
\10\ See Borusan Calc Memo.
---------------------------------------------------------------------------
In accordance with section 751(h) of the Act, we are amending the
final results of the antidumping duty administrative review of circular
welded carbon steel pipes and tubes from Turkey for the period May 1,
2010, through April 30, 2011. As a result of correcting the ministerial
error discussed above, the following weighted-average dumping margin
applies:
[[Page 287]]
----------------------------------------------------------------------------------------------------------------
Final weighted-average Amended final weighted-
Exporter/ manufacturer dumping margin average dumping margin
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Borusan..................................................... 6.05 3.55
----------------------------------------------------------------------------------------------------------------
Assessment
Pursuant to section 751(a)(2)(A) of 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 amended final results of this review. The Department intends to
issue assessment instructions to CBP 15 days after the date of
publication of these amended 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 importer-specific rates based on the ratio of the
total amount of dumping calculated for the examined sales for a given
importer to the total entered value of such sales. If an importer-
specific assessment rate is zero or de minimis (i.e., less than 0.50
percent), the Department will instruct CBP to liquidate 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.\11\ This clarification will apply to entries of subject
merchandise during the POR produced by companies included in these
amended 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.
---------------------------------------------------------------------------
\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this notice of amended 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 Borusan, the cash deposit rate will be the rate listed above; (2)
for all other companies, the cash deposit rate will be the respective
rates established in the final results.\12\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\12\ See Final Results, 77 FR at 72820.
---------------------------------------------------------------------------
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
increase in antidumping duties by the amount of antidumping 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 amended final results of
administrative review and notice in accordance with sections 751(a)(1)
and (h), and 777(i)(1) of the Act.
Dated: December 26, 2012.
Lynn Fischer Fox,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2012-31638 Filed 1-2-13; 8:45 am]
BILLING CODE 3510-DS-P