[Federal Register Volume 79, Number 78 (Wednesday, April 23, 2014)]
[Notices]
[Pages 22625-22627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09280]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-502]
Circular Welded Carbon Steel Pipe and Tube Products From Turkey:
Preliminary Results of Countervailing Duty Administrative Review;
Calendar Year 2012 and Intent To Rescind Countervailing Duty
Administrative Review, in Part
AGENCY: Enforcement and Compliance, 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 pipe and tube products from Turkey (steel
pipe) for the period of review (POR) of January 1, 2012, through
December 31, 2012. The review covers one producer/exporter of subject
merchandise that the Department selected for individual examination:
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (BMB), and Borusan
Istikbal Ticaret T.A.S. (Istikbal), (collectively, the Borusan
Companies). Additionally, this review covers two firms that were not
individually examined: 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 Tosyali dis
Ticaret A.S. (Tosyali) and Toscelik Profil ve Sac Endustrisi A.S.
(Toscelik Profil), (collectively, Toscelik). We preliminarily determine
that the Borusan Companies received countervailable subsidies during
the POR but that the total net subsidy rate is less than 0.5 percent ad
valorem and, therefore, de minimis. For purposes of these preliminary
results, we assigned Erbosan and Toscelik, the non-selected
respondents, net subsidy rates of de minimis and 0.83 percent ad
valorem, respectively. Interested parties are invited to comment on
these preliminary results.
DATES: Effective Date: April 23, 2014.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th
[[Page 22626]]
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
202-482-8362.
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.
Intent To Rescind the 2012 Administrative Review, in Part
Umran Celik Born Sanayii A.S. (also known as Umran Steel Pipe Inc.)
(Umran), Yucel Group and all affiliates including Yucel Boru ye Profil
Endustrisi A.S, Yucelboru Ihracat Ithalat ye Pazarlama A.S, and
Cayirova Born Sanayi ye Ticaret A.S.) (collectively, Yucel), and Guven
Steel Pipe (also known as Guven Celik Born San. Ve Tic. Ltd.) (Guven)
submitted letters to the Department on May 6, 2013, May 17, 2013, and
June 4, 2013, respectively, timely certifying that they had no sales,
shipments, or entries, directly or indirectly, of subject merchandise
to the United States during the POR.\1\ Petitioners did not comment on
Yucel's, Umran's, and Guven's claims of no sales, shipments, or
entries. On May 28 and 29 and June 18, 2013, we transmitted ``No-
Shipment Inquiries'' to U.S. Customs and Border Protection (CBP)
regarding these companies. We did not receive any information from CBP
contrary to Yucel's, Guven's, and Umran's claims of no sales,
shipments, or entries of subject merchandise to the United States
during the POR. Accordingly, based on record evidence, we preliminarily
determine that Yucel, Umran, and Guven did not ship subject merchandise
to the United States during the POR. Therefore, in accordance with 19
CFR 351.213(d)(3), and consistent with our practice,\2\ we
preliminarily determine to rescind the review for Yucel, Umran, and
Guven.
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\1\ See Welded Carbon Steel Pipe & Tube Products from Turkey;
Notification of no Shipments, dated May 6, 2013; Welded Carbon Steel
Pipe & Tube Products from Turkey; Notification of no Shipments,
dated May 17, 2013; Welded Carbon Steel Pipe & Tube Products from
Turkey; Notification of no Shipments, dated June 4, 2013.
\2\ See, e.g., Aluminum Extrusions From the People's Republic of
China: Notice of Partial Rescission of Countervailing Duty
Administrative Review, 79 FR 2635 (January 15, 2014).
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Methodology
The Department 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.\3\ For a full description of the
methodology underlying our conclusions, see Decision Memorandum for
Preliminary Results of Countervailing Duty (CVD) Administrative Review:
Circular Welded Carbon Steel Pipe and Tube Products from Turkey
(Preliminary Decision Memorandum) from James Maeder, Director, Office
II, Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, dated concurrently
with these results and hereby adopted by this notice.
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\3\ 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.
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The Preliminary 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 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://enforcement.trade.gov/frn/.
The signed Preliminary Decision Memorandum and the electronic
versions of the Preliminary Decision Memorandum are identical in
content.
Preliminary Results of Review
The Department determined that the following preliminary net
subsidy rates exist for the period January 1, 2012, through, December
31, 2012:
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Company Net subsidy rate
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Borusan Mannesmann Boru Sanayi ve Ticaret 0.31 percent ad valorem (de
A.S. (BMB), and Borusan Istikbal Ticaret minimis).
T.A.S. (Istikbal), (collectively, the
Borusan Companies).
Erbosan Erciyas Boru Sanayi ve Ticaret de minimis.
A.S. (Erbosan AS) and Erbosan Erciyas
Pipe Industry and Trade Co. Kayseri Free
Zone Branch (Erbosan FZB), (collectively
Erbosan).
Tosyali dis Ticaret A.S. (Tosyali) and 0.83 percent ad valorem.
Toscelik Profil ve Sac Endustrisi A.S.
(Toscelik Profil), (collectively,
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 CVDs all shipments of
subject merchandise produced by the Borusan Companies and Erbosan,
entered, or withdrawn from warehouse, for consumption from January 1,
2012, through December 31, 2012. The Department will also instruct CBP
to collect cash deposits of zero percent on shipments of the subject
merchandise produced by the Borusan Companies and Erbosan, entered, or
withdrawn from warehouse, for consumption on or 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 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, 2012,
through December 31, 2012, 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
[[Page 22627]]
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of these final results of 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.\4\
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.\5\ 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 IA ACCESS.
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\4\ See 19 CFR 351.224(b).
\5\ 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 Enforcement and Compliance, filed electronically using IA
ACCESS. An electronically filed document must be received successfully
in its entirety by the Department's electronic records system, IA
ACCESS, by 5 p.m. Eastern Standard Time within 30 days after the date
of publication of this notice.\6\ 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.\7\ Parties should confirm by telephone the date,
time, and location of the hearing.
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\6\ See 19 CFR 351.310(c).
\7\ 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 intends to 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 17, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
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. Short Term Pre-Export Program
D. Investment Encouragement Program (IEP): Customs Duty
Exemptions
II. Programs Preliminarily Determined To Not Confer Countervailable
Benefits During the POR
Inward Processing Certificate Exemption
III. Programs Preliminarily Determined To Not Be Used
Stamp Duties and Fees Exemptions Under the Free Zones
Law
Law 5084: Withholding of Income Tax on Wages and
Salaries
Law 5084: Incentive for Employers' Share in Insurance
Premiums
Law 5084: Allocation of Free Land and Purchase of Land
for Less Than Adequate Remuneration (LTAR)
Law 5084: Energy Support
Corporate Income Tax Exemption Under the Free Zones Law
Deductions on Social Security Payments Program Under
Law 5510
Deductions on Social Security Payments Program Under
Law 5921
Customs Duties and Value-Added Tax (VAT) Exemptions
Under the Free Zones Law
Provision of Buildings and Land Use Rights for LTAR
Under the Free Zones Law
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
Organized Industrial Zone (OIZ): Exemption From
Property Tax
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-Shipment Export Credits
OIZ: Exemption from Building and Construction Charges
OIZ: Exemption from Amalgamation and Allotment
Transaction Charges
[FR Doc. 2014-09280 Filed 4-22-14; 8:45 am]
BILLING CODE 3510-DS-P