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, 22625-22627 [2014-09280]
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Federal Register / Vol. 79, No. 78 / Wednesday, April 23, 2014 / Notices
Washington, DC 20230; telephone: (202)
482–0768 or (202) 482–1690,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 1, 2013, the Department
published the notice of initiation of the
first sunset reviews of the AD orders on
uncovered innerspring units from the
PRC, South Africa, and Vietnam,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).1 As
a result of its reviews, the Department
determined that revocation of the AD
orders on uncovered innerspring units
from the PRC, South Africa, and
Vietnam would likely lead to
continuation or recurrence of dumping
and notified the ITC of the magnitude of
the margins likely to prevail should the
orders be revoked.2 On April 11, 2014,
pursuant to section 751(c) of the Act,
the ITC determined that revocation of
the AD orders on uncovered innerspring
units from the PRC, South Africa, and
Vietnam would likely lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.3
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Scope of the Orders
The merchandise covered by these
orders is uncovered innerspring units
composed of a series of individual metal
springs joined together in sizes
corresponding to the sizes of adult
mattresses (e.g., twin, twin long, full,
full long, queen, California king, and
king) and units used in smaller
constructions, such as crib and youth
mattresses. All uncovered innerspring
units are included in this scope
regardless of width and length. Included
within this definition are innersprings
typically ranging from 30.5 inches to 76
inches in width and 68 inches to 84
inches in length. Innersprings for crib
mattresses typically range from 25
inches to 27 inches in width and 50
inches to 52 inches in length.
Uncovered innerspring units are
suitable for use as the innerspring
component in the manufacture of
innerspring mattresses, including
mattresses that incorporate a foam
encasement around the innerspring.
Pocketed and non-pocketed innerspring
1 See Initiation of Five-Year (‘‘Sunset’’) Review, 78
FR 65614 (November 1, 2013).
2 See Uncovered Innerspring Units From the
People’s Republic of China, South Africa, and
Socialist Republic of Vietnam: Final Results of the
Expedited Sunset Reviews of the Antidumping Duty
Orders, 79 FR 13277 (March 10, 2014).
3 See Uncovered Innerspring Units From China,
South Africa, and Vietnam, 79 FR 20230 (April 11,
2014).
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units are included in this definition.
Non-pocketed innersprings are typically
joined together with helical wire and
border rods. Non-pocketed innersprings
are included in this definition
regardless of whether they have border
rods attached to the perimeter of the
innerspring. Pocketed innersprings are
individual coils covered by a ‘‘pocket’’
or ‘‘sock’’ of a nonwoven synthetic
material or woven material and then
glued together in a linear fashion.
Uncovered innersprings are classified
under subheading 9404.29.9010 and
have also been classified under
subheadings 9404.10.0000,
7326.20.0070, 7320.20.5010, or
7320.90.5010 of the Harmonized Tariff
Schedule of the United States (HTSUS).
On January 11, 2011, the Department
included HTSUS classification numbers
9404.29.9005 and 9404.29.9011 to the
customs case reference file, pursuant to
a request by U.S. Customs and Border
Protection (CBP). On January 7, 2013,
the Department included the HTSUS
classification 7326.20.0071 number to
the customs case reference file, pursuant
to a request by CBP. The HTSUS
subheadings are provided for
convenience and customs purposes
only; the written description of the
scope of this investigation is dispositive.
Continuation of the Orders
As a result of the determinations by
the Department and the ITC that
revocation of the AD orders would
likely lead to continuation or recurrence
of dumping and material injury to an
industry in the United States, pursuant
to section 751(d)(2) of the Act, the
Department hereby orders the
continuation of the antidumping orders
on uncovered innerspring units from the
PRC, South Africa, and Vietnam. CBP
will continue to collect AD cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise. The effective date of the
continuation of the orders will be the
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act,
the Department intends to initiate the
next five-year reviews of these orders
not later than 30 days prior to the fifth
anniversary of the effective date of
continuation.
These sunset reviews and this notice
are in accordance with section 751(c) of
the Act and published pursuant to
section 777(i)(1) of the Act and 19 CFR
351.218(f)(4).
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22625
Dated: April 17, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–09275 Filed 4–22–14; 8:45 am]
BILLING CODE 3510–DS–P
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
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
AGENCY:
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22626
Federal Register / Vol. 79, No. 78 / Wednesday, April 23, 2014 / Notices
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.
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.
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 https://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 https://
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:
Company
Net subsidy rate
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (BMB), and Borusan Istikbal
Ticaret T.A.S. (Istikbal), (collectively, the Borusan Companies).
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).
Tosyali dis Ticaret A.S. (Tosyali) and Toscelik Profil ve Sac Endustrisi A.S.
(Toscelik Profil), (collectively, Toscelik).
wreier-aviles on DSK5TPTVN1PROD with NOTICES
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
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
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15:37 Apr 22, 2014
Jkt 232001
0.31 percent ad valorem (de minimis).
de minimis.
0.83 percent ad valorem.
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
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).
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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Federal Register / Vol. 79, No. 78 / Wednesday, April 23, 2014 / Notices
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 companyspecific 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.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
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.
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
4 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
6 See 19 CFR 351.310(c).
7 See 19 CFR 351.310.
5 See
VerDate Mar<15>2010
15:37 Apr 22, 2014
Jkt 232001
should confirm by telephone the date,
time, and location of the hearing.
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
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•
•
•
•
22627
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
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 97–12A003]
Export Trade Certificate of Review
Notice of Issuance (97–12A003)
of an amended Export Trade Certificate
of Review to the Association for the
Administration of Rice Quotas, Inc.
ACTION:
The U.S. Department of
Commerce issued an amended Export
Trade Certificate of Review to
Association for the Administration of
Rice Quotas, Inc. ‘‘AARQ’’.
FOR FURTHER INFORMATION CONTACT:
Joseph Flynn, Director, Office of Trade
and Economic Analysis, International
Trade Administration, (202) 482–5131
(this is not a toll-free number) or email
at etca@trade.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) (‘‘the Act’’)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. The regulations implementing
Title III are found at 15 CFR part 325
(2013). The Office of Trade and
Economic Analysis (‘‘OTEA’’) is issuing
this notice pursuant to 15 CFR 325.6(b),
which requires the Secretary of
Commerce to publish a summary of the
SUMMARY:
E:\FR\FM\23APN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 78 (Wednesday, April 23, 2014)]
[Notices]
[Pages 22625-22627]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09280]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 https://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 https://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:
------------------------------------------------------------------------
Company Net subsidy rate
------------------------------------------------------------------------
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).
------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\4\ See 19 CFR 351.224(b).
\5\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\6\ See 19 CFR 351.310(c).
\7\ See 19 CFR 351.310.
---------------------------------------------------------------------------
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
