[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Notices]
[Pages 21107-21109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08236]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-502]
Circular Welded Carbon Steel Pipes and Tubes from Turkey:
Preliminary Results of Countervailing Duty Administrative Review;
Calendar Year 2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the countervailing duty (CVD) order on
circular welded carbon steel pipes and tubes from Turkey (pipes and
tubes from Turkey) for the period of review (POR) of January 1, 2011,
through December 31, 2011. The review covers the following three
producers/exporters of subject merchandise: Borusan Group, Borusan
Mannesmann Boru Sanayi ve Ticaret A.S. (BMB), and Borusan Istikbal
Ticaret T.A.S. (Istikbal), (collectively, Borusan); Erbosan Erciyas
Boru Sanayi ve Ticaret A.S. (Erbosan) and Erbosan Erciyas Pipe Industry
and Trade Co. Kayseri Free Zone Branch (Erbosan FZB), (collectively
Erbosan); and Tosyali dis Ticaret A.S. (Tosyali) and Toscelik Profil ve
Sac Endustrisi A.S. (Toscelik Profil), (collectively, Toscelik). We
preliminarily determine that Borusan, Erbosan, and Toscelik received
countervailable subsidies during the POR but that the companies'
respective total net subsidy rates are less than 0.5 percent ad valorem
and, therefore, are de minimis.
DATES: Effective Date: April 9, 2013.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska at 202-482-8362 (for
Borusan and Erbosan) at 202-482-8362 and John Conniff at 202-482-1009
(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.
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.
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a government-provided
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific. See sections 771(5)(B) and (D) of the
Act regarding financial contribution; section 771(5)(E) of the Act
regarding benefit; and, section 771(5A) of the Act regarding
specificity. For a full description of the methodology underlying our
conclusions, please see Decision Memorandum for Preliminary Results of
Countervailing Duty (CVD) Administrative Review: Circular Welded Carbon
Steel Pipes and Tubes from Turkey (Preliminary Decision Memorandum)
from Edward C. Yang, Senior Director China/Non-Market Economy Unit, to
Paul Piquado, Assistant Secretary for Import Administration, dated
concurrently with these results and hereby adopted by this notice.
In making these findings, we have relied, in part, on an adverse
inference in selecting from among the facts otherwise available because
one of our respondents, Erbosan, did not act to the best of its ability
to respond to the Department's requests for information as it pertains
to the ``Deduction from Taxable Income for Export Revenue'' program.
See section 776(a) and (b) of the Act.
The Preliminary 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 to registered users at http://iaaccess.trade.gov
and in the Central Records Unit (CRU), room 7046 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
Internet at http://www.trade.gov/ia/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
The Department has determined that the following preliminary net
subsidy
[[Page 21108]]
rates exist for the period January 1, 2011, through, December 31, 2011:
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Company Net subsidy rate
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Borusan Group, Borusan Mannesmann Boru Sanayi 0.24 percent ad valorem (de minimis).
ve Ticaret A.S. (Borusan).
Erbosan Erciyas Boru Sanayi ve Ticaret A.S. 0.30 percent ad valorem (de minimis).
(Erbosan).
Toscelik Profil ve Sac Endustrisi A.S. 0.29 percent ad valorem (de minimis).
(Toscelik).
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Assessment and Cash Deposit Requirements
The Department intends to issue assessment instructions to U.S.
Customs and Border Protection (CBP) 15 days after the date of
publication of the final results of this review. If the final results
remain the same as these preliminary results, the Department will
instruct CBP to liquidate without regard to countervailing duties all
shipments of subject merchandise produced by Borusan, Erbosan, and
Toscelik, entered, or withdrawn from warehouse, for consumption from
January 1, 2011, through December 31, 2011. The Department will also
instruct CBP to collect cash deposits of zero percent on shipments of
the subject merchandise produced by Borusan, Erbosan, and Toscelik
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this review.
We will instruct CBP to continue to collect cash deposits for non-
reviewed companies 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. These rates shall
apply to all non-reviewed companies until a review of a company
assigned these rates is requested.
Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\1\
Interested parties may submit written comments (case briefs) within 30
days of publication of the preliminary results and rebuttal comments
(rebuttal briefs) within five days after the time limit for filing case
briefs.\2\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case briefs. Parties who submit
arguments are requested to submit with the argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities. All briefs must be filed electronically using Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (IA ACCESS). An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS.
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\1\ See 19 CFR 351.224(b).
\2\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Import Administration, U.S. Department of Commerce, using
Import Administration's IA ACCESS system.\3\ Requests should contain
the party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If a request
for a hearing is made, we will inform parties of the scheduled date for
the hearing which will be held at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a time and
location to be determined.\4\ Parties should confirm by telephone the
date, time, and location of the hearing.
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\3\ See 19 CFR 351.310(c).
\4\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) of the Act, the Department will issue the final
results of this administrative review, including the results of our
analysis of the issues raised by the parties in their comments, within
120 days after issuance of these preliminary results.
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: April 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
Analysis of Programs
I. Programs Preliminarily Determined to be Countervailable
A. Deduction from Taxable Income for Export Revenue
B. Short Term Pre-Shipment Rediscount Program
C. Law 5084: Withholding of Income Tax on Wages and Salaries
D. Law 5084: Incentive for Employers' Share in Insurance
Premiums
E. Law 5084: Allocation of Free Land and Purchase of Land for
less than Adequate Remuneration (LTAR)
F. Law 5084: Energy Support
G. Organized Industrial Zone (OIZ): Exemption from Property Tax
H. Corporate Income Tax Exemption under the Free Zones Law
II. Programs Preliminarily Determined To Not Confer Countervailable
Benefits During the POR
A. Inward Processing Certificate Exemption
B. Investment Encouragement Program (IEP): Customs Duty
Exemptions
C. Provision of Buildings and Land Use Rights for LTAR under the
Free Zones Law
III. Programs Preliminarily Found Not Countervailable
A. Deductions on Social Security Payments Program under Law 5510
B. Deductions on Social Security Payments Program under Law 5921
C. Customs Duties and Value-Added Tax (VAT) Exemptions under the
Free Zones Law
IV. Programs Preliminarily Determined to Not Be Used
A. Stamp Duties and Fees Exemptions under the Free Zones Law
B. Other Programs Not Used
Post-Shipment Export Loans
Export Credit Bank of Turkey Buyer Credits
Subsidized Turkish Lira Credit Facilities
Subsidized Credit for Proportion of Fixed Expenditures
Subsidized Credit in Foreign Currency
Regional Subsidies
VAT Support Program (Incentive Premium on Domestically
Obtained Goods)
IEP: VAT Exemptions
IEP: Reductions in Corporate Taxes
IEP: Interest Support
IEP: Social Security Premium Support
IEP: Land Allocation
National Restructuring Program
Regional Incentive Scheme: Reduced Corporate Tax Rates
Regional Incentive Scheme: Social Security Premium
Contribution for Employees
Regional Incentive Scheme: Allocation of State Land
Regional Incentive Scheme: Interest Support
OIZ: Waste Water Charges
[[Page 21109]]
OIZ: Exemptions from Customs Duties, VAT, and Payments
for Public Housing Fund, for Investments for which an Income
Certificate is Received
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''
Foreign Trade Companies Short Term Export Credits
Pre-Export Credits
Pre-shipment Export Credits
OIZ: Exemption from Building and Construction Charges
OIZ: Exemption from Amalgamation and Allotment
Transaction Charges
[FR Doc. 2013-08236 Filed 4-8-13; 8:45 am]
BILLING CODE 3510-DS-P