[Federal Register Volume 78, Number 210 (Wednesday, October 30, 2013)]
[Notices]
[Pages 64916-64918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25816]
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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; Calendar Year
2011
AGENCY: Enforcement and Compliance (Formerly Import Administration),
International Trade Administration, Department of Commerce.
SUMMARY: On April 9, 2013, the Department of Commerce (the Department)
published in the Federal Register its preliminary results of
administrative review of the countervailing duty (CVD) order on
circular welded carbon steel pipes and tubes (steel pipes and tubes)
from Turkey for the January 1, 2011, through December 31, 2011, 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); (2) Erbosan
Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan AS) and Erbosan Erciyas
Pipe Industry and Trade Co. Kayseri Free Zone Branch (Erbosan FZB),
(collectively Erbosan), and (3) Tosyali dis Ticaret A.S. (Tosyali) and
Toscelik Profil ve Sac Endustrisi A.S. (Toscelik Profil),
(collectively, Toscelik). 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 net subsidy rates for Borusan and Erbosan, although
revised, continue to be de minimis. The Department has also revised the
net subsidy rate for Toscelik. Further discussion of our analysis of
the comments received is provided in the accompanying Final Decision
Memorandum.\2\ The final net subsidy rates for Borusan, Erbosan, and
Toscelik
[[Page 64917]]
are listed below in the ``Final Results of Review'' section.
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\1\ See Circular Welded Carbon Steel Pipes and Tubes from
Turkey: Preliminary Results of Countervailing Duty Administrative
Review; Calendar Year 2011, 78 FR 21107 (April 9, 2013) (Preliminary
Results).
\2\ See Decision Memorandum for Final Results of Countervailing
Duty (CVD) Administrative Review: Circular Welded Carbon Steel Pipes
and Tubes from Turkey from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance
dated concurrently with these final results (Final Decision
Memorandum).
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DATES: Effective: October 30, 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 III, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230.
Background
On March 7, 1986, the Department published in the Federal Register
the CVD order on steel pipes and tubes from Turkey.\3\ On April 9,
2013, the Department published in the Federal Register the preliminary
results for this review. In the Preliminary Results, we invited
interested parties to submit case briefs commenting on the preliminary
results and to request a hearing.\4\ On May 9, 2013, we received case
briefs from Borusan and Petitioners.\5\ On May 14, 2013, we received a
rebuttal brief from Toscelik. We did not hold a hearing in this review,
as none was requested by interested parties.
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\3\ See Countervailing Duty Order: Certain Welded Carbon Steel
Pipe and Tube Products From Turkey, 51 FR 7984 (March 7, 1986).
\4\ See Preliminary Results.
\5\ Petitioners in this review are Wheatland Tube Company
(Wheatland), 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 Final 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 Final Decision Memorandum, is
attached to this notice as an Appendix. The Final Decision Memorandum
is a public document and is on file electronically via IA ACCESS. IA
ACCESS is available to registered users at http://iaaccess.trade.gov
and in the Central Records Unit, room 7046 of the main Department of
Commerce building. In addition, a complete version of the Final
Decision Memorandum can be accessed directly on the Internet at http://enforcement.ita.doc.gov/frn/index.html. The signed Final Decision
Memorandum and the electronic versions of the Final Decision Memorandum
are identical in content.
Final Results of Review
Consistent with the Preliminary Results, the total net subsidy rate
for Erbosan remained 0.30 percent ad valorem. In these final results,
we have revised Borusan's total net subsidy rate to 0.19 percent ad
valorem. Pursuant to 19 CFR 351.106(c), the calculated rates for
Erbosan and Borusan are de minimis. We have also revised the net
subsidy rate for Toscelik. In these final results, we have calculated a
total net subsidy rate of 0.83 percent for Toscelik.
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 Erbosan entered, or withdrawn from
warehouse, for consumption on or after January 1, 2011, through
December 31, 2011, without regard to CVDs because a de minimis subsidy
rate was calculated for each company. We will also instruct CBP to
continue to suspend liquidation but to collect no cash deposits of
estimated CVDs on shipments of the subject merchandise by Borusan and
Erbosan, entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this review.
For Toscelik, the Department intends to issue assessment
instructions to CBP 15 days after the date of publication of these
final results of review to liquidate shipments of subject merchandise
by Toscelik entered, or withdrawn from warehouse, for consumption on or
after January 1, 2011, through December 31, 2011, at the ad valorem
assessment rate listed above. We will also instruct CBP to collect cash
deposits for Toscelik at the CVD cash deposit rate indicated above on
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of these
final results of 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: October 23, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
I. Methodology and Background Information
Subsidies Valuation Information
A. Attribution of Subsidies
B. Benchmark Interest Rates
II. Analysis of Programs
I. Programs 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
I. Investment Encouragement Program (IEP): Customs Duty
Exemptions
II. Programs Determined To Not Confer Countervailable Benefits
During the POR
A. Inward Processing Certificate Exemption
B. Provision of Buildings and Land Use Rights for LTAR Under the
Free Zones Law
[[Page 64918]]
III. Programs Found Not Countervailable During the POR
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 Determined To Not Be Used During the POR
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
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
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
Comment 2: Whether the Department Erred in Including Certain
Eximbank Loans in the Department's Preliminary Benefit Calculations
Erbosan
Comment 3: Whether the Department Should Find Provision of Buildings
and Land Use Rights for Less than Adequate Remuneration under the
Free Zones Law Program Countervailable
Toscelik
Comment 4: Benchmark Used to Calculate the Benefit under the
Osmaniye Organized Industrial Zone Program Used by Toscelik
Comment 5: Treatment of Investment Encouragement Program (IEP)
[FR Doc. 2013-25816 Filed 10-29-13; 8:45 am]
BILLING CODE 3510-DS-P