[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Notices]
[Pages 71087-71089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28263]
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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; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 25, 2014, 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, 2012, through April 30, 2013. Based on our analysis of
the comments received, we have made no changes in the margin
calculations. Therefore, the final results do not 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, unchanged from the Preliminary Results, we
continue to find that various companies had no shipments of subject
merchandise during the POR.
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\1\ See Welded Carbon Steel Standard Pipe and Tube Products From
Turkey: Preliminary Results of Antidumping Duty Administrative
Review; 2012-2013, 79 FR 35999 (June 25, 2014) (Preliminary
Results), and the accompanying Preliminary Decision Memorandum
(PDM).
DATES: Effective Date: December 1, 2014.
[[Page 71088]]
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 25, 2014, the Department published the Preliminary Results,
and invited interested parties to comment.\2\ On July 30, 2014, we
received case briefs from the petitioner, Wheatland Tube Company
(Wheatland), and one respondent, Borusan Mannesmann Boru Sanayi ve
Ticaret A.S. (Borusan).\3\ On August 6, 2013, we received rebuttal
briefs from Wheatland and Borusan.
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\2\ See Preliminary Results, 79 FR at 36000.
\3\ As explained in the Preliminary Results, the Department
treats Borusan, Borusan Istikbal Ticaret T.A.S., and Borusan
Lojistik Dagitim Depolama Tasimacilik ve Tic A.S. as the same legal
entity. See 79 FR at 35999 and n.3.
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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 7306.30.1000, 7306.30.5025, 7306.30.5032,
7306.30.5040, 7306.30.5055, 7306.30.5085, and 7306.30.5090 of the
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS
subheadings are provided for convenience and customs purposes. The
written description is dispositive.
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 the Final Results of the Antidumping Duty
Administrative Review: Welded Carbon Steel Standard Pipe and Tube
Products from Turkey; 2012-2013'' (Issues and Decision Memorandum),
which is hereby adopted by this notice and incorporated herein by
reference. 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 (ACCESS).
ACCESS is available to registered users at http://access.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.
Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily determined
the following companies had no shipments during the POR: the Borusan
Group, Borusan Holding A.S., Cayirova Boru Sanayi ve Ticaret A.S.,
ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S., Guven Celik Boru San. ve
Tic. Ltd., Guven Steel Pipe, Metaleks Celik Urunleri San. ve Tic. Ltd.
Sti., Metaliks Celik Urunkeri San. ve Tic. Ltd., Toscelik Metal Ticaret
A.S., Toscelik Profil ve Sac Endustrisi A.S., Umran Celik Boru Sanayii
A.S., Umran Steel Pipe Inc., Yucel Boru ve Profil Endustrisi A.S,
Yucelboru Ihracat Ithalat ve Pazarlama A.S., and Yucel Group.\4\
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 none of these companies made
shipments during the POR. Accordingly, consistent with the Department's
practice, we intend to instruct U.S. Customs and Border Protection
(CBP) to liquidate any existing entries of merchandise produced by
these companies, but exported by other parties, at the all-others
rate.\5\
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\4\ See Preliminary Results, 79 FR at 35999 and the accompanying
PDM at 3-4.
\5\ See, e.g., Magnesium Metal From the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010) (Magnesium Metal), unchanged in
Magnesium Metal From the Russian Federation: Final Results of
Antidumping Duty Administrative Review, 75 FR 56989 (September 17,
2010).
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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.
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 have
made no changes to the margin calculations.\6\
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\6\ See the Issues and Decision Memorandum.
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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, 2012,
through April 30, 2013:
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Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
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Borusan Mannesmann Boru Sanayi ve Ticaret A.S.\7\ 1.28
Toscelik Profil ve Sac Endustrisi A.S.\8\ 0.00
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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).
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\7\ See footnote 3.
\8\ As explained in the Preliminary Results, the Department
treats Toscelik Profil ve Sac Endustrisi A.S. and Tosyali Dis
Ticaret A.S. as the same legal entity. See Preliminary Results, 79
FR at 35999 & n.3. However, the Department no longer includes
Toscelik Metal Ticaret A.S. as part of this entity because it ceased
to exist prior to the POR. Id.
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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 in the Federal
Register.
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 Toscelik Profil ve Sac Endustrisi A.S. (Toscelik), we will
instruct CBP to
[[Page 71089]]
liquidate its entries during the POR imported by the importer
identified in its questionnaire responses without regard to antidumping
duties because its weighted-average dumping margin in these final
results is zero.\9\
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\9\ 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).
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\10\ 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 \11\ if there is no rate for the intermediate
company(ies) involved in the transaction.\12\
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\10\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
\11\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products From Turkey, 51 FR 17784, 17784 (May 15,
1986) (Order).
\12\ See Assessment Policy Notice for a full discussion of this
clarification.
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For the companies identified above as having had no shipments,
because the Department has determined that each of these companies 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.\13\
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\13\ See Magnesium Metal, 75 FR at 26923; Assessment Policy
Notice, 68 FR 23954; see also Order, 51 FR at 17784.
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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 Toscelik 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, 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.\14\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\14\ See Order, 51 FR at 17784.
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Notification to Importers
This notice also serves as a final reminder to importers of their
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.
Notifications 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: November 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Issue 1: Physical Characteristic for Grade
Issue 2: Whether the Department Should Collapse ASTM A53 grade A
and ASTM A53 grade B into a Single Grade Category
Issue 3: Duty Drawback and Treatment of the Resource Utilization
Support Fund Tax
Issue 4: Duty Drawback and Yield Loss Factor
Issue 5: Differential Pricing
Issue 6: Withdrawal of the Regulatory Provisions Governing
Targeted Dumping in Less-Than-Fair-Value Investigations
Recommendation
[FR Doc. 2014-28263 Filed 11-28-14; 8:45 am]
BILLING CODE 3510-DS-P