Notice of Final Results of Antidumping Duty Administrative Review: Certain Welded Carbon Steel Pipe and Tube from Turkey, 73447-73448 [05-23923]

Download as PDF Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Notices Adjustment. [FR Doc. 05–23920 Filed 12–9–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Scope of the Order [A–489–501] Notice of Final Results of Antidumping Duty Administrative Review: Certain Welded Carbon Steel Pipe and Tube from Turkey Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Final Results of Antidumping Duty Administrative Review: Certain Welded Carbon Steel Pipe and Tube from Turkey. AGENCY: SUMMARY: On June 7, 2005, the Department of Commerce (‘‘the Department’’) published the preliminary results of its administrative review of the antidumping duty order on certain welded carbon steel pipe and tube (‘‘welded pipe and tube’’) from Turkey. This review covers two producers/ exporters of the subject merchandise. The period of review (‘‘POR’’) is May 1, 2003, through April 30, 2004. Based on our analysis of the comments received, these final results differ from the preliminary results. The final results are listed below in the Final Results of Review section. EFFECTIVE DATE: December 12, 2005. FOR FURTHER INFORMATION CONTACT: Christopher Hargett, George McMahon, or Jim Terpstra, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4161, (202) 482–1167 or (202) 482– 3965, respectively. SUPPLEMENTARY INFORMATION: Background This review covers two producers/ exporters of the subject merchandise: (1) ¨ ¨ the Yucel Group (‘‘Yucel’’), which includes Cayirova Boru Sanayi ve ¸ ¨ Ticaret A.S. and its affiliate, Yucel Boru Ithalat–Ihracat ve Pazarlama A.S. (collectively referred to as ‘‘Cayirova’’) ¸ and (2) the Borusan Group (‘‘Borusan’’).1 On June 7, 2005, the Department published the preliminary results of this review and invited 1 The Borusan Group includes Borusan Birlesik Boru Fabrikalari A.S., Mannesmann Boru End strisi T.A.S., Borusan Mannesmann Boru Sanayii ve Ticaret A.S., and Istikbal Ticaret T.A.S. VerDate Aug<31>2005 interested parties to comment on those results.2 On July 21, 2005, we received case briefs from Cayirova, Borusan, and ¸ domestic interested parties.3 On July 28, 2005, we received rebuttal briefs from the same parties. A public hearing was held on August 4, 2005.4 17:51 Dec 09, 2005 Jkt 208001 The products covered by this order include circular welded non-alloy steel pipes and tubes, of circular crosssection, not more than 406.4 millimeters (16 inches) in outside diameter, regardless of wall thickness, surface finish (black, or galvanized, painted), or end finish (plain end, beveled end, threaded and coupled). Those pipes and tubes are generally known as standard pipe, though they may also be called structural or mechanical tubing in certain applications. Standard pipes and tubes are intended for the low pressure conveyance of water, steam, natural gas, air, and other liquids and gases in plumbing and heating systems, air conditioner units, automatic sprinkler systems, and other related uses. Standard pipe may also be used for light load-bearing and mechanical applications, such as for fence tubing, and for protection of electrical wiring, such as conduit shells. The scope is not limited to standard pipe and fence tubing, or those types of mechanical and structural pipe that are used in standard pipe applications. All carbon steel pipes and tubes within the physical description outlined above are included in the scope of this order, except for line pipe, oil country tubular goods, boiler tubing, cold-drawn or cold-rolled mechanical tubing, pipe and tube hollows for redraws, finished scaffolding, and finished rigid conduit. Imports of these products are currently classifiable under the following Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings: 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. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this proceeding is dispositive. 2 Notice of Preliminary Results of Antidumping Administrative Review: Ceratin Welded Carbon Steel Pipe and Tube from Turkey, 70 FR 33084 (June 7, 2005). 3 Petitioners are Allied Tube and Conduit Corporation, and Wheatland Tube Company. 4 A copy of the transcript of the hearing is available in the Cental Records Unit (‘‘CRU’’) of the Department. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 73447 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this review are addressed in the ‘‘Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Certain Welded Carbon Steel Pipe and Tube from Turkey’’ from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, dated December 5, 2005 (‘‘Decision Memorandum’’), which is hereby adopted by this notice. A list of the issues which parties have raised and to which we have responded, all of which are addressed in the Decision Memorandum, is attached to this notice as an Appendix. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendation in the Decision Memorandum, which is on file in the CRU, room B–099 of the main Department of Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet at http:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memorandum are identical in content. Fair Value Comparisons We calculated export price (‘‘EP’’) and normal value (‘‘NV’’) based on the same methodology used in the preliminary results, except for changes detailed in the Decision Memorandum. For Cayirova, we have made the contract ¸ date as the date of sale, changed the weighting factors matching home market and U.S. market sales, and applied the countervailing duty adjustment.5 For Borusan, we have restored certain U.S. and home market sales.6 Cost of Production We calculated the cost of production (‘‘COP’’) for the merchandise based on the same methodology used in the preliminary results. Final Results of Review As a result of our review, we determine that the following weightedaverage percentage margins exist for the period May 1, 2003, through April 30, 2004: Manufacturer/Exporter Borusan ........................ Cayirova ........................ ¸ Margin (percent) 0.86 3.52 5 Decision Memorandum, December 5, 2005, at comments 1, 3 and 4. 6 Id., at comment 5. E:\FR\FM\12DEN1.SGM 12DEN1 73448 Federal Register / Vol. 70, No. 237 / Monday, December 12, 2005 / Notices The Department shall determine, and the U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries. In accordance with section 351.212(b)(1) of the Department’s regulations, we have calculated importer-specific assessment rates by dividing the dumping margin found on the subject merchandise examined by the entered value of such merchandise. Where the importerspecific assessment rate is above de minimis we will instruct CBP to assess antidumping duties on that importer’s entries of subject merchandise. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of these final results of review. Furthermore, the following deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results of administrative review, as provided by section 751(a) of the Tariff Act of 1930, as amended (‘‘the Act’’): (1) for the companies named above, the cash deposit rate will be the rate listed above, except where the margin is zero or de minimis no cash deposit will be required; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a previous segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published in the most recent final results in which that manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review or in any previous segment of this proceeding, but the manufacturer is, the cash deposit rate will be that established for the manufacturer of the merchandise in these final results of review or in the most recent segment of the proceeding in which that manufacturer participated; and (4) if neither the exporter nor the manufacturer is a firm covered in this review or in any previous segment of this proceeding, the cash deposit rate will be 14.74 percent, the ‘‘All-others’’ rate established in the less-than-fair-value investigation. These deposit requirements shall remain in effect until publication of the final results of the next administrative review. This notice also serves as a final reminder to importers of their responsibility under section 351.402(f) of the Department’s regulations to file a certificate regarding the reimbursement of antidumping and countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this VerDate Aug<31>2005 17:51 Dec 09, 2005 Jkt 208001 requirement could result in the Secretary’s presumption that reimbursement of antidumping and countervailing duties occurred, and in the subsequent assessment of antidumping duties increased by the amount of antidumping and/or countervailing duties reimbursed. This notice also is the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return/ destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with section 351.305(a)(3) of the Department’s regulations. Failure to comply is a violation of the APO. This determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 5, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. APPENDIX List of Comments in the Issues and Decision Memorandum Comment 1: Date of Sale Comment 2: ASTM Pipe in the Home Market Comment 3: Weighting Factors in the Model Match Program Comment 4: CVD Adjustment Comment 5: Certain United States and Home Market Sales Comment 6: Cash Deposit Rate Comment 7: Duty Drawback Comment 8: Test for Below-Cost Sales [FR Doc. 05–23923 Filed 12–9–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–122–839] Notice of Final Results of Countervailing Duty Administrative Review: Certain Softwood Lumber Products from Canada Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 7, 2005, the Department of Commerce (the Department) published in the Federal Register its preliminary results of administrative review of the countervailing duty order on certain softwood lumber products (subject merchandise) from Canada for the period April 1, 2003, through March 31, 2004. See Notice of Preliminary Results AGENCY: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 of Countervailing Duty Administrative Review: Certain Softwood Lumber Products from Canada, 70 FR 33088 (June 7, 2005) (Preliminary Results). The Department has now completed this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Based on information received since the Preliminary Results and our analysis of comments received, the Department has revised the net subsidy rate. For further discussion, see the accompanying Issues and Decision Memorandum from Stephen Claeys, Deputy Assistant Secretary for Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, concerning the final results of the second countervailing duty administrative review of certain softwood lumber products from Canada (Decision Memorandum) dated December 5, 2005. The final net subsidy rate is listed below in the section entitled ‘‘Final Results of Review.’’ EFFECTIVE DATE: December 12, 2005. FOR FURTHER INFORMATION CONTACT: Robert Copyak (202) 482–2209, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, Room 4012, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230. SUPPLEMENTARY INFORMATION: Background On June 7, 2005, the Department published in the Federal Register the Preliminary Results. We invited interested parties to comment on the results. Since the Preliminary Results, the following events have occurred. On June 10, 2005, petitioners submitted, pursuant to 19 CFR 351.301(c), rebuttal/clarifying evidence in response to new factual information placed on the record of the review by the Department at the time of the Preliminary Results.1 On June 20, 2005, Canadian parties submitted factual information in response to petitioners’ June 10, 2005 filing. On July 1, 2005, the Department extended the deadline for filing case and rebuttal briefs until August 11 and August 18, respectively. See the July 1, 2005 memorandum to the file from Eric B. Greynolds, Program Manager, Office of AD/CVD Enforcement III. On November 2, 2005, we issued a supplemental questionnaire to the GOC as well to the provincial governments in which we requested that they respond 1 Petitioners are the Coalition for Fair Lumber Imports Executive Committee. E:\FR\FM\12DEN1.SGM 12DEN1

Agencies

[Federal Register Volume 70, Number 237 (Monday, December 12, 2005)]
[Notices]
[Pages 73447-73448]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23923]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]


Notice of Final Results of Antidumping Duty Administrative 
Review: Certain Welded Carbon Steel Pipe and Tube from Turkey

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Final Results of Antidumping Duty Administrative 
Review: Certain Welded Carbon Steel Pipe and Tube from Turkey.

-----------------------------------------------------------------------

SUMMARY: On June 7, 2005, the Department of Commerce (``the 
Department'') published the preliminary results of its administrative 
review of the antidumping duty order on certain welded carbon steel 
pipe and tube (``welded pipe and tube'') from Turkey. This review 
covers two producers/exporters of the subject merchandise. The period 
of review (``POR'') is May 1, 2003, through April 30, 2004. Based on 
our analysis of the comments received, these final results differ from 
the preliminary results. The final results are listed below in the 
Final Results of Review section.

EFFECTIVE DATE: December 12, 2005.

FOR FURTHER INFORMATION CONTACT: Christopher Hargett, George McMahon, 
or Jim Terpstra, AD/CVD Operations, Office 3, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-4161, (202) 482-1167 or (202) 482-3965, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers two producers/exporters of the subject 
merchandise: (1) the Y[uuml]cel Group (``Y[uuml]cel''), which includes 
[Ccedil]ayirova Boru Sanayi ve Ticaret A.S. and its affiliate, 
Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama A.S. (collectively 
referred to as ``[Ccedil]ayirova'') and (2) the Borusan Group 
(``Borusan'').\1\ On June 7, 2005, the Department published the 
preliminary results of this review and invited interested parties to 
comment on those results.\2\ On July 21, 2005, we received case briefs 
from [Ccedil]ayirova, Borusan, and domestic interested parties.\3\ On 
July 28, 2005, we received rebuttal briefs from the same parties. A 
public hearing was held on August 4, 2005.\4\
---------------------------------------------------------------------------

    \1\ The Borusan Group includes Borusan Birlesik Boru Fabrikalari 
A.S., Mannesmann Boru End strisi T.A.S., Borusan Mannesmann Boru 
Sanayii ve Ticaret A.S., and Istikbal Ticaret T.A.S.
    \2\ Notice of Preliminary Results of Antidumping Administrative 
Review: Ceratin Welded Carbon Steel Pipe and Tube from Turkey, 70 FR 
33084 (June 7, 2005).
    \3\ Petitioners are Allied Tube and Conduit Corporation, and 
Wheatland Tube Company.
    \4\ A copy of the transcript of the hearing is available in the 
Cental Records Unit (``CRU'') of the Department.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by this order include circular welded non-
alloy steel pipes and tubes, of circular cross-section, not more than 
406.4 millimeters (16 inches) in outside diameter, regardless of wall 
thickness, surface finish (black, or galvanized, painted), or end 
finish (plain end, beveled end, threaded and coupled). Those pipes and 
tubes are generally known as standard pipe, though they may also be 
called structural or mechanical tubing in certain applications. 
Standard pipes and tubes are intended for the low pressure conveyance 
of water, steam, natural gas, air, and other liquids and gases in 
plumbing and heating systems, air conditioner units, automatic 
sprinkler systems, and other related uses. Standard pipe may also be 
used for light load-bearing and mechanical applications, such as for 
fence tubing, and for protection of electrical wiring, such as conduit 
shells.
    The scope is not limited to standard pipe and fence tubing, or 
those types of mechanical and structural pipe that are used in standard 
pipe applications. All carbon steel pipes and tubes within the physical 
description outlined above are included in the scope of this order, 
except for line pipe, oil country tubular goods, boiler tubing, cold-
drawn or cold-rolled mechanical tubing, pipe and tube hollows for 
redraws, finished scaffolding, and finished rigid conduit.
    Imports of these products are currently classifiable under the 
following Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheadings: 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. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this proceeding is 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the ``Issues and Decision Memorandum for 
the Final Results of the Administrative Review of the Antidumping Duty 
Order on Certain Welded Carbon Steel Pipe and Tube from Turkey'' from 
Stephen J. Claeys, Deputy Assistant Secretary for Import 
Administration, to Joseph A. Spetrini, Acting Assistant Secretary for 
Import Administration, dated December 5, 2005 (``Decision 
Memorandum''), which is hereby adopted by this notice.
    A list of the issues which parties have raised and to which we have 
responded, all of which are addressed in the Decision Memorandum, is 
attached to this notice as an Appendix. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendation in the Decision Memorandum, which is on file in the CRU, 
room B-099 of the main Department of Commerce building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Internet at http://ia.ita.doc.gov/frn. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Fair Value Comparisons

    We calculated export price (``EP'') and normal value (``NV'') based 
on the same methodology used in the preliminary results, except for 
changes detailed in the Decision Memorandum. For [Ccedil]ayirova, we 
have made the contract date as the date of sale, changed the weighting 
factors matching home market and U.S. market sales, and applied the 
countervailing duty adjustment.\5\ For Borusan, we have restored 
certain U.S. and home market sales.\6\
---------------------------------------------------------------------------

    \5\ Decision Memorandum, December 5, 2005, at comments 1, 3 and 
4.
    \6\ Id., at comment 5.
---------------------------------------------------------------------------

Cost of Production

    We calculated the cost of production (``COP'') for the merchandise 
based on the same methodology used in the preliminary results.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average percentage margins exist for the period May 1, 2003, 
through April 30, 2004:

------------------------------------------------------------------------
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
Borusan.............................................                0.86
[Ccedil]ayirova.....................................                3.52
------------------------------------------------------------------------


[[Page 73448]]

    The Department shall determine, and the U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. In accordance with section 351.212(b)(1) of the 
Department's regulations, we have calculated importer-specific 
assessment rates by dividing the dumping margin found on the subject 
merchandise examined by the entered value of such merchandise. Where 
the importer-specific assessment rate is above de minimis we will 
instruct CBP to assess antidumping duties on that importer's entries of 
subject merchandise. The Department will issue appropriate assessment 
instructions directly to CBP within 15 days of publication of these 
final results of review.
    Furthermore, the following deposit requirements will be effective 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of these 
final results of administrative review, as provided by section 751(a) 
of the Tariff Act of 1930, as amended (``the Act''): (1) for the 
companies named above, the cash deposit rate will be the rate listed 
above, except where the margin is zero or de minimis no cash deposit 
will be required; (2) for merchandise exported by manufacturers or 
exporters not covered in this review but covered in a previous segment 
of this proceeding, the cash deposit rate will continue to be the 
company-specific rate published in the most recent final results in 
which that manufacturer or exporter participated; (3) if the exporter 
is not a firm covered in this review or in any previous segment of this 
proceeding, but the manufacturer is, the cash deposit rate will be that 
established for the manufacturer of the merchandise in these final 
results of review or in the most recent segment of the proceeding in 
which that manufacturer participated; and (4) if neither the exporter 
nor the manufacturer is a firm covered in this review or in any 
previous segment of this proceeding, the cash deposit rate will be 
14.74 percent, the ``All-others'' rate established in the less-than-
fair-value investigation. These deposit requirements shall remain in 
effect until publication of the final results of the next 
administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under section 351.402(f) of the Department's regulations 
to file a certificate regarding the reimbursement of antidumping and 
countervailing 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 and countervailing duties occurred, and in the subsequent 
assessment of antidumping duties increased by the amount of antidumping 
and/or countervailing duties reimbursed.
    This notice also is the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
section 351.305(a)(3) of the Department's regulations. Failure to 
comply is a violation of the APO.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 5, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

APPENDIX

List of Comments in the Issues and Decision Memorandum

Comment 1: Date of Sale
Comment 2: ASTM Pipe in the Home Market
Comment 3: Weighting Factors in the Model Match Program
Comment 4: CVD Adjustment
Comment 5: Certain United States and Home Market Sales
Comment 6: Cash Deposit Rate
Comment 7: Duty Drawback
Comment 8: Test for Below-Cost Sales
[FR Doc. 05-23923 Filed 12-9-05; 8:45 am]
BILLING CODE 3510-DS-S