[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Notices]
[Pages 79665-79667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31344]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Welded Carbon Steel Standard Pipe and Tube Products From Turkey:
Final Results of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On June 7, 2013, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on welded carbon steel standard pipe and tube
products (welded pipe and tube) from Turkey.\1\ The period of review
(POR) is May 1, 2011, through April 30, 2012. Based on our analysis of
the comments received, we have made certain changes in the margin
calculations. Therefore, the final results 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 the
Review.'' Further, we find that two companies had no shipments of
subject merchandise during the POR.\2\
---------------------------------------------------------------------------
\1\ See Welded Carbon Steel Standard Pipe and Tube Products from
Turkey: Preliminary Results of Antidumping Duty Administrative
Review; 2011-2012, 78 FR 34340 (June 7, 2013) (Preliminary Results).
\2\ The Department initiated a review on the Borusan Group,
Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan Istikbal
Ticaret T.A.S., Borusan Holding A.S., and Borusan Lojistik Dagitim
Depolama Tasimacilik ve Tic A.S. (collectively, Borusan ); ERBOSAN
Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan); Toscelik Profil ve
Sac Endustrisi A.S., Toscelik Metal Ticaret A.S., and Tosyali Dis
Ticaret A.S. (collectively, Toscelik); the Yucel Group, Cayirova
Boru Sanayi ve Ticaret A.S., Yucel Boru ve Profil Endustrisi A.S.,
and Yucelboru Ihracat Ithalat ve Pazarlama A.S. (collectively,
Yucel). As noted in the preliminary results, with respect to the
Borusan entities, only Borusan Mannesmann Boru Sanayi ve Ticaret
A.S. had reviewable sales during the POR. See Preliminary Results,
78 FR at 34340 n. 4. Furthermore, as we stated in the draft cash
deposit instructions accompanying the preliminary results, several
of the Borusan entities no longer exist. See draft cash deposit
instructions in Attachment 2 of the memorandum entitled
``Preliminary Results of the 2011-2012 Administrative Review of
Welded Carbon Steel Standard Pipe and Tube Products from Turkey,''
dated June 3, 2013. Erbosan also had reviewable sales. As noted
below, we have determined that neither Toscelik nor Yucel had
reviewable entries during the POR.
---------------------------------------------------------------------------
DATES: Effective Date: December 31, 2013.
FOR FURTHER INFORMATION CONTACT: Victoria Cho, Fred Baker, or Robert
James, AD/CVD Operations, Office VI, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone
(202) 482-5075, (202) 482-2924, or (202) 482-0649, respectively.
Background
On June 7, 2013, the Department published the Preliminary Results,
and invited interested parties to comment.\3\ On July 22, 2013, we
received case briefs from domestic producers Wheatland Tube Company
(Wheatland) and United States Steel Corporation (U.S. Steel), as well
as from respondent Borusan. On August 1, 2013, we received rebuttal
briefs from Borusan and Erbosan. On August 2, 2013, we received
rebuttal briefs from Wheatland and U.S. Steel.
---------------------------------------------------------------------------
\3\ See Preliminary Results, 78 FR at 34341.
---------------------------------------------------------------------------
The Department has conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
Scope of the Order
The merchandise subject to the order is welded pipe and tube. The
welded pipe and tube subject to the order is currently classifiable
under subheading 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 of the
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS
subheadings are provided for convenience and customs purposes. A full
written description of the scope of the Order is contained in the
memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Issues and
Decision Memorandum for Final Results of the Antidumping Duty
Administrative Review: Welded Carbon Steel Standard Pipe and Tube
Products from Turkey; 2011-2012'' (Issues and Decision Memorandum),
which is hereby adopted by this notice and incorporated herein by
reference. The written description is dispositive.
Final Determination of No Shipments
As noted in the Preliminary Results, we received no-shipment claims
from two companies under review--Yucel and Toscelik.\4\ These companies
reported that they made no shipments of subject merchandise to the
United States during the POR.\5\ U.S. Customs and Border Protection
(CBP) confirmed that it did not identify evidence of shipments from
either company. Following publication of the Preliminary Results, we
received no comments from interested parties regarding these companies.
As a consequence, and because the record contains no evidence to the
contrary, we continue to find that neither company made any shipments
during the POR. Accordingly, consistent with the
[[Page 79666]]
Department's practice, we intend to instruct CBP to liquidate any
existing entries of merchandise produced by Yucel or Toscelik, but
exported by other parties, at the all-others rate.\6\
---------------------------------------------------------------------------
\4\ See Preliminary Results, 78 FR at 34340-41.
\5\ For a full explanation of the Department's analysis, see the
Preliminary Results and accompanying Preliminary Decision Memorandum
at 3.
\6\ See, e.g., Magnesium Metal From the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case briefs by parties are addressed in
the Issues and Decision Memorandum. A list of the issues which parties
raised and to which we respond in the Issues and Decision Memorandum is
attached to this notice as an Appendix. The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). IA ACCESS is
available to registered users at http://iaaccess.trade.gov, and it is
available to all parties in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Issues and Decision Memorandum can be accessed directly at
http://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and our analysis of the comments
received from interested parties on the Preliminary Results, we made
changes to the margin calculations for Borusan. Specifically, we have
used costs for the six-month period immediately preceding the POR for
the sales during the seven month sales reporting window prior to the
POR; revised the calculation of home market direct selling expenses to
include certain factoring costs in that adjustment; revised Borusan's
duty drawback adjustment to exclude amounts related to scrap and
second-quality pipe which were not re-exported; and removed Borusan's
non-VAT home market sales from the calculations. For detailed
information, see the Issues and Decision Memorandum.
Final Results of the Review
As a result of this review, we determine that the following
weighted-average dumping margins exist for the period May 1, 2011,
through April 30, 2012:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S............... 1.79
ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S.................. 0.0
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this proceeding
in accordance with 19 CFR 351.224(b).
Assessment Rates
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries covered by this review pursuant to
section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of these final results of review.
For Borusan, because its weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent), the Department has
calculated importer-specific antidumping duty assessment rates. We
calculated importer-specific ad valorem antidumping duty assessment
rates by aggregating the total amount of dumping calculated for the
examined sales of each importer and dividing each of these amounts by
the total entered value associated with those sales. We will instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review where an importer-specific assessment rate is not zero or
de minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping duties any entries for which
the importer-specific assessment rate is zero or de minimis.
For Erbosan, we will instruct CBP to liquidate all entries during
the POR without regard to antidumping duties because its weighted-
average dumping margin in these final results is zero.\7\
---------------------------------------------------------------------------
\7\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103 (February 14,
2012).
---------------------------------------------------------------------------
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification applies 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
that the merchandise they sold to an intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate established in the less-than-fair-value (LTFV)
investigation \8\ if there is no rate for the intermediate company(ies)
involved in the transaction. See Assessment Policy Notice for a full
discussion of this clarification.
---------------------------------------------------------------------------
\8\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products From Turkey, 51 FR 17784, 17784 (May 15,
1986).
---------------------------------------------------------------------------
For Yucel and Toscelik, because the Department has determined that
each of these respondents had no shipments during the POR for which
they had knowledge, all entries entered under each of their cash
deposit rates will be liquidated at the all-others rate established in
the LTFV investigation.\9\
---------------------------------------------------------------------------
\9\ Id.
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided by section 751(a)(2)(C) of
the Act: (1) The cash deposit rates for Borusan and Erbosan will be
equal to the weighted-average dumping margins established in the final
results of this review; (2) for previously reviewed or investigated
companies not participating in this review, as well as for Yucel and
Toscelik, the cash deposit rate will continue to be the company-
specific rate established from a completed segment of this proceeding
for the most recent period; (3) if the exporter is not a firm covered
in this review, a previous review, or the original LTFV investigation,
but the manufacturer is, the cash deposit rate will be the rate
established from a completed segment of this proceeding for the most
recent period for the manufacturer of the merchandise; and (4) the cash
deposit rate for all other manufacturers or exporters will continue to
be 14.74 percent, the all-others rate established in the LTFV
investigation.\10\ These deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\10\ Id.
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a final reminder to importers of their
[[Page 79667]]
responsibility under 19 CFR 351.402(f) 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
In accordance with 19 CFR 351.305(a)(3), 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. Timely written notification of 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.
These final results of review and notice are published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 23, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
Issues
Borusan
Comment 1: Significance of Cost Changes
Comment 2: Date of Sale for U.S. Sales
Comment 3: Home Market Direct Selling Expenses and Factoring Costs
Comment 4: Duty Drawback for U.S. Sales
Comment 5: Whether to Remove the Non-VAT Sales from the Home Market
Sales Data Prior to Making Sales Comparisons
Comment 6: Withdraw of the Regulatory Provisions Governing Targeted
Dumping in Less-Than-Fair-Value Investigations
Comment 7: Consideration of an Alternative Comparison Method in
Administrative Reviews
Comment 8: The Average-to-Transaction Method and the Denial of
Offsets for Non-Dumped Comparisons
Comment 9: Differential Pricing Issues
Erbosan
Comment 10: Differential Pricing Issues
[FR Doc. 2013-31344 Filed 12-30-13; 8:45 am]
BILLING CODE 3510-DS-P