[Federal Register Volume 79, Number 166 (Wednesday, August 27, 2014)]
[Notices]
[Pages 51140-51142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20400]
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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
2012 and Rescission of Countervailing Duty Administrative Review, in
Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) completed the
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, 2012, through December 31, 2012, period
of review (POR) in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act). This review covers multiple exporters/
producers, one of which is being individually examined as a mandatory
respondent. We determine that the net subsidy rate for the sole
mandatory respondent, Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
(BMB), and Borusan Istikbal Ticaret T.A.S. (Istikbal), (collectively,
the Borusan Companies), although revised from the preliminary results,
continues to be de minimis. We further continue to find that the net
subsidy rates for 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), the two firms not individually
examined in this review, are de minimis and 0.83 percent ad valorem,
respectively. Additionally, the Department is rescinding the review of
three companies that timely certified that they had no shipments of
subject merchandise during the POR.
DATES: Effective Date: August 27, 2014.
FOR FURTHER INFORMATION CONTACT: John Conniff at 202-482-1009, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of
[[Page 51141]]
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.\1\ On April 17,
2014, the Department published in the Federal Register the Preliminary
Results for this review.\2\ In the Preliminary Results, we invited
interested parties to submit case and rebuttal briefs commenting on the
preliminary results and to request a hearing.\3\ On May 23, 2014, we
received a case brief from the Borusan Companies. We received no
rebuttal brief, and did not hold a hearing in this review, as none was
requested by interested parties.
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\1\ See Countervailing Duty Order: Certain Welded Carbon Steel
Pipe and Tube Products From Turkey, 51 FR 7984 (March 7, 1986).
\2\ See Circular Welded Carbon Steel Pipes and Tubes from
Turkey: 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, 79 FR 22625 (April 17, 2014)
(Preliminary Results).
\3\ Id., 79 FR at 22627.
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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 classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) subheadings as 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 conducted this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable during the POR, we determine that there is a subsidy,
i.e., a government-provided financial contribution that confers 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 complete description of the
methodology, see the Issues and Decision Memorandum.\4\
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\4\ See Memorandum to Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and Compliance, ``Decision Memorandum for
Final Results of Countervailing Duty (CVD) Administrative Review:
Circular Welded Carbon Steel Pipes and Tubes from Turkey,'' dated
concurrently with these final results (Issues and Decision
Memorandum).
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Analysis of Comments Received
All issues raised in the Borusan Companies' case brief, the only
case brief submitted in this proceeding, are addressed in the Issues
and Decision Memorandum. A list of the issues which the Borusan
Companies raised, and to which we responded 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 is
available to all parties in the Central Records Unit, Room 7046 of the
main Commerce building. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision
Memorandum and the electronic versions of the Issues and Decision
Memorandum are identical in content.
Rescission of the 2012 Administrative Review, in Part
The Department did not receive any information from interested
parties or U.S. Customs and Border Protection (CPB) that was contrary
to the claims of Yucel Group and 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), Umran Celik
Boru Sanayii A.S. (Umran), and Guven Celik Boru San. Ve Tic. Ltd.
(Guven) of no sales, shipments, or entries of subject merchandise to
the United States during the POR after we preliminarily indicated our
intent to rescind the administrative review. Accordingly, based on
record evidence, we 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,\5\ we are rescinding the review for Yucel, Umran, and Guven.
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\5\ 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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Final Results of Review
Pursuant to section 751(a)(1)(A) of the Act, we calculated an
individual subsidy rate for the mandatory respondent, the Borusan
Companies. Consistent with the Preliminary Results and as explained in
the Issues and Decision Memorandum,\6\ we determine that the Borusan
Companies received a net subsidy rate of 0.13 percent ad valorem during
the POR, which is de minimis.\7\ In past reviews in which the
Department limited the number of respondents being individually
examined, the Department determined that a ``reasonable method'' to use
to determine the rate applicable to companies that were not
individually examined when all the rates of selected mandatory
respondents are zero or de minimis is to assign non-selected
respondents the average of the most recently determined rates that are
not zero, de minimis, or based entirely on facts available.\8\ However,
if a non-selected respondent has its own calculated rate that is
contemporaneous with or more recent than such previous rates, the
Department found it appropriate to apply that calculated rate to the
non-selected respondent, even when that rate is zero or de minimis.\9\
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\6\ See Issues and Decision Memorandum at 3.
\7\ See 19 CFR 351.106(c)(1).
\8\ See Certain Frozen Warmwater Shrimp From the Socialist
Republic of Vietnam: Final Results and Final Partial Rescission of
Antidumping Duty Administrative Review, 74 FR 47191, 47194-95
(September 15, 2009).
\9\ Id.
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In the Turkey Pipe 2011 Final Results, the most recently completed
administrative review of this order, the Department calculated a de
minimis net subsidy rate for Erbosan and a net subsidy rate of 0.83
percent ad valorem for Toscelik.\10\ Therefore, consistent with the
Department's practice, as described above, the Department is assigning
rates of de minimis for Erbosan and 0.83 percent ad valorem for
Toscelik, based on the individual rates calculated for those companies
in the prior review. Our approach in this regard is unchanged from the
Preliminary Results.\11\
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\10\ See Circular Welded Carbon Steel Pipes and Tubes from
Turkey: Final Results of Countervailing Duty Administrative Review;
Calendar Year 2011, 78 FR 64916, 64917 (October 30, 2013) (Turkey
Pipe 2011 Final Results) and accompanying Issues and Decision
Memorandum at Comment 1.
\11\ See Preliminary Results, and accompanying Decision
Memorandum at 6-7.
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Assessment Rates/Cash Deposits
In accordance with 19 CFR 351.212(b)(2), 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 the Borusan Companies and Erbosan entered, or
withdrawn form warehouse, for consumption on or after January 1, 2012,
through December 31, 2012,
[[Page 51142]]
without regard to CVDs because a de minimis subsidy rate was calculated
for each company as the ad valorem assessment rate. 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
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.
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, 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 entered, or withdrawn from
warehouse, for consumption on or after the date of publication of these
final results of review.
For Yucel, Umran, and Guven, the companies for which this review is
rescinded, CVDs shall be assessed at rates equal to the cash deposit of
estimated CVDs required at the time of entry, or withdrawal from
warehouse, for consumption, during the period January 1, 2012, through
December 31, 2012, consistent with 19 CFR 351.212(c)(1)(i).
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: August 21, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
I. Summary
II. Period of Review
III. Scope of the Order
IV. Rescission of the 2012 Administrative Review, in Part
V. Attribution of Subsidies
VI. Allocation Period
VII. Subsidies Valuation Information--Benchmarks and Discount Rates
VIII. Non-Selected Rate
IX. Analysis of Programs
A. Programs Determined To Be Countervailable
B. Programs Determined To Not Confer Countervailable Benefits
C. Programs Determined To Be Not Used
X. Analysis of Comments
Borusan
Comment: Whether the Department Double-Counted Subsidy Benefits
the Borusan Companies Received In Connection with Certain EXIMBANK
Loans
XI. Recommendation
[FR Doc. 2014-20400 Filed 8-26-14; 8:45 am]
BILLING CODE 3510-DS-P