Notice of Final Determination of Sales at Less Than Fair Value: Light-Walled Rectangular Pipe and Tube from Turkey, 19814-19816 [E8-7833]
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19814
Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Notices
Of these 82 entities, a consumer price
index was unavailable for the following
13: Azerbaijan, Bermuda, China, Cuba,
Gibraltar, Guam, Isle of Man, Jersey,
Puerto Rico, San Marino, Taiwan,
Ukraine, and the Virgin Islands.
Of the remaining 69 entities, there
was no exchange rate available for
Serbia and Montenegro.
Of the remaining 68 entities, there
was no GNI data available for: Bahrain,
Cyprus, and Macau.
Of the remaining 65 entities, the
following four are currently or were
NMEs designated by the Department in
2004 or 2005: Armenia, Georgia,
Kyrgyzstan, and Moldova.
Accordingly, the Department ran its
preliminary 2007 expected NME wage
regression on the following 61
countries: Albania, Argentina, Australia,
Austria, Belgium, Botswana, Bulgaria,
Canada, Chile, Colombia, Costa Rica,
Croatia, Czech Republic, Denmark,
Dominican Republic, Ecuador, Egypt, El
Salvador, Estonia, Finland, France,
Germany, Hong Kong, Hungary, Iceland,
India, Ireland, Israel, Japan, Jordan,
Kazakhstan, Korea, Latvia, Lithuania,
Luxembourg, Macedonia the former
Yugoslav Republic of, Madagascar,
Malta, Mauritius, Mexico, Mongolia,
Netherlands, New Zealand, Nicaragua,
Norway, Panama, Poland, Portugal,
Romania, Russian Federation,
Seychelles, Singapore, Slovakia,
Slovenia, Spain, Sri Lanka, Sweden,
Switzerland, United Kingdom, United
States, and West Bank and Gaza Strip.
Following the data compilation and
regression methodology described in the
Antidumping Methodologies notice, and
using GNI and wage data for Base Year
2005, the regression results are: Wage =
0.284456 + 0.000447* GNI.
Expected NME
2005 GNI
(USD per
annum)
Country
Armenia ....................................................................................................................................................................
Azerbaijan ................................................................................................................................................................
Belarus .....................................................................................................................................................................
China ........................................................................................................................................................................
Georgia ....................................................................................................................................................................
Kyrgyz Republic .......................................................................................................................................................
Moldova ...................................................................................................................................................................
Tajikistan ..................................................................................................................................................................
Uzbekistan ...............................................................................................................................................................
Vietnam ....................................................................................................................................................................
The World Bank did not publish a
GNI for Turkmenistan.
As stated above, the full preliminary
results and underlying data for the 2007
expected NME wages calculation have
been posted on the Import
Administration Web site (https://
ia.ita.doc.gov).
[FR Doc. E8–7805 Filed 4–10–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
A–489–815
Notice of Final Determination of Sales
at Less Than Fair Value: Light–Walled
Rectangular Pipe and Tube from
Turkey
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 11, 2008.
SUMMARY: The Department of Commerce
(the Department) determines that
imports of light–walled rectangular pipe
and tube from Turkey are being, or are
likely to be, sold in the United States at
less than fair value, as provided in
section 735 of the Tariff Act of 1930, as
amended (the Act). The final dumping
margins are listed below in the section
mstockstill on PROD1PC66 with NOTICES
AGENCY:
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19:21 Apr 10, 2008
Jkt 214001
entitled ‘‘Final Determination of
Investigation.’’
FOR FURTHER INFORMATION CONTACT:
Tyler Weinhold, Fred Baker, or Robert
James, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202)
482–1121, (202) 482–2924, or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 30, 2008, the Department
published the preliminary
determination of sales at less than fair
value (LTFV) in the antidumping
investigation of light–walled rectangular
pipe and tube from Turkey. See Notice
of Preliminary Determination of Sales at
Less Than Fair Value: Light–Walled
Rectangular Pipe and Tube from
Turkey, 73 FR 5508 (January 30, 2008)
(Preliminary Determination). We invited
parties to comment on the Preliminary
Determination. On March 10, 2008, we
received a letter from Goktas Tube, a
producer/exporter of light–walled
rectangular pipe and tube from Turkey.
We did not receive any case or rebuttal
briefs from any other interested parties.
Period of Investigation
The period of investigation is April 1,
2006, through March 31, 2007.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
1,470
1,270
2,760
1,740
1,300
450
960
330
530
620
Wage rate
(USD per
hour)
0.94
0.85
1.52
1.06
0.87
0.49
0.71
0.43
0.52
0.56
Scope of Investigation
The merchandise subject to this
investigation is certain welded carbon
quality light–walled steel pipe and tube,
of rectangular (including square) cross
section, having a wall thickness of less
than 4 mm.
The term carbon–quality steel
includes both carbon steel and alloy
steel which contains
only small amounts of alloying
elements. Specifically, the term carbon–
quality includes products in which
none of the elements listed below
exceeds the quantity by weight
respectively indicated: 1.80 percent of
manganese, or 2.25 percent of silicon, or
1.00 percent of copper, or 0.50 percent
of aluminum, or 1.25 percent of
chromium, or 0.30 percent of cobalt, or
0.40 percent of lead, or 1.25 percent of
nickel, or 0.30 percent of tungsten, or
0.10 percent of molybdenum, or 0.10
percent of niobium, or 0.15 percent
vanadium, or 0.15 percent of zirconium.
The description of carbon–quality is
intended to identify carbon–quality
products within the scope. The welded
carbon–quality rectangular pipe and
tube subject to this investigation is
currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7306.61.50.00 and 7306.61.70.60. While
HTSUS subheadings are provided for
convenience and Customs purposes, our
E:\FR\FM\11APN1.SGM
11APN1
Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Notices
written description of the scope of this
investigation is dispositive.
mstockstill on PROD1PC66 with NOTICES
Adverse Facts Available
For the final determination, we
continue to find that by failing to
respond to our July 31, 2007,
abbreviated quantity and value
questionnaire, and by failing to respond,
or by failing to respond in a timely
manner to our follow up letter dated
August 16, 2007, Anadolu Boru, Ayata
Metal Industy, Kalibre Boru Sanayi ve
Ticaret A.S., Kerim Celik Mamulleri
Imalat ve Ticaret1, Ozgur Boru, Ozmak
Makina ve Elektrik Sanayi, Seamless
Steel Tube and Pipe Co. (Celbor), Umran
Steel Pipe Inc., and Yusan Industries,
Ltd., producers and/or exporter of light–
walled rectangular pipe and tube from
Turkey, did not cooperate to the best of
their ability in this investigation. See
Preliminary Determination, at 5509–
5513. Thus, the Department continues
to find the use of adverse facts available
is warranted for these companies in
accordance with sections 776 (a)(2) and
(b) of the Act.
Also, we continue to find that, by
failing to provide information we
requested, mandatory respondents MMZ
Onur Boru Profil Uretim San. Ve Tic.
A.S. (MMZ) and Guven Boru Profil
Sanayii ve Ticaret Limited Sirketi
(Guven Boru), did not act to the best of
their ability in responding to our
questionnaires. Thus, the Department
continues to find the use of adverse
facts available is warranted for these
companies under sections 776 (a)(2) and
(b) of the Act. See id.
Because Goktas Tube did not respond
to our abbreviated quantity and value
questionnaire or to our follow up letter,
we applied adverse facts available to the
company in the Preliminary
Determination. See id. On March 10,
2008, we received a letter from Goktas
Tube claiming that it did not receive our
quantity and value questionnaire until
January 28, 2008, because it had
changed locations and the questionnaire
and other correspondence was sent to
its old address. The company explained
that it had been sending an employee to
the old location on a weekly basis to
collect mail that had been sent to that
facility. In its letter, the company
insisted that despite this, it only
received our quantity and value
questionnaire on January 28, 2008. The
company also explained that it received
a copy of the Preliminary Determination
on January 30, 2008.
1 Kerim Celik Mamulleri Imalat ve Ticaret
responded to our follow up letter, but its response
was untimely,
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19:21 Apr 10, 2008
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The Department’s records in this case
indicate that Goktas Tube received a
copy of our abbreviated quantity and
value questionnaire at its original
location on August 2, 2008. Also, in
addition to our abbreviated quantity and
value questionnaire and a copy of the
Preliminary Determination, Goktas Tube
received a copy of our follow up letter,
a copy of our August 17, 2007 letter to
all interested parties (the proposed
model match letter), a copy of the
September 7, 2007, Memorandum to
Stephen Claeys from Fred Baker (the
respondent selection memorandum),
and our September 7, 2007, letter to all
interested parties (the public service list
letter)2 at its previous location. Our
records indicate that our follow up
letter, the proposed model match letter,
the respondent selection memorandum,
and the public service list letter were
received at Goktas Tube’s original
location on August, 20, 2007, August 20,
2007, September, 10, 2007, and
September, 10, 2007, respectively. See
Memorandum to the File, dated March,
28, 2008. Goktas Tube made no mention
of any of these other documents in its
March 10, 2008, letter.
Despite Goktas Tube’s claim that it
did not receive our quantity and value
questionnaire until January 28, 2008, we
note that, according to its own account,
the company did have a copy of our
quantity and value questionnaire in its
possession for six weeks before it
notified the Department of the situation.
Further, the company gave no
explanation for this delay in its March
10, 2008, letter. On this basis, we
conclude that Goktas Tube had the
opportunity to contact the Department
immediately when it realized the
situation, but failed to do so. Therefore,
we continue to conclude that Goktas
Tube has failed to cooperate to the best
of its ability, and accordingly, that the
use of adverse facts available is
warranted for Goktas Tube under
sections 776 (a)(2) and (b) of the Act.
As we explained in the Preliminary
Determination, the rate of 41.07 percent
we selected as the adverse facts–
available rate is the highest margin
alleged in the petition. As discussed in
the Preliminary Determination, we
corroborated the adverse facts–available
rate pursuant to section 776(c) of the
Act.
All–Others Rate
As explained in the Preliminary
Determination, we continue to assign as
the all–others rate a simple average of
the rates in the petition, that is, 27.04
2 See Memorandum to the File, dated August 17,
2007.
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Frm 00014
Fmt 4703
Sfmt 4703
19815
percent. See Preliminary Determination,
at 5513 and 5514.
Final Determination of Investigation
We determine that the following
weighted–average dumping margins
exist for the period April 1, 2006,
through March 31, 2007:
Weighted–Average Producer/Exporter
Guven Boru Profil
Sanayii ve Ticaret
Limited Sirketi ...........
MMZ Onur Boru Profil
Uretim San. ve Tic.
A.S ............................
Anadolu Boru ................
Ayata Metal Industry .....
Goktas Tube/Goktas
Metal .........................
Kalibre Boru Sanayi ve
Ticaret A.S. ...............
Kerim Celik Mamulleri
Imalat ve Ticaret .......
Ozgur Boru ...................
Ozmak Makina ve
Elektrik Sanayi ..........
Seamless Steel Tube
and Pipe Co. (Celbor)
Umran Steel Pipe Inc. ..
Yusan Industries, Ltd.
Borusan Mannesmann
Boru ...........................
Erbosan Erciyas Boru
Sanayii ve Ticaret
A.S. ...........................
Noksel Steel Pipe Co. ..
Ozborsan Boru San. ve
Tic. A.S. ....................
Ozdemir Boru Sanayi
ve Ticaret Ltd. Sti. .....
Toscelik Profil ve Sac
End. A.S ....................
Yucel Boru ve Profil
Endustrisi A.S. ..........
All Others ......................
Margin (Percentage)
41.71
41.71
41.71
41.71
41.71
41.71
41.71
41.71
41.71
41.71
41.71
41.71
27.04
27.04
27.04
27.04
27.04
27.04
27.04
27.04
Continuation of Suspension of
Liquidation
Pursuant to section 735(c)(1)(B) of the
Act and 19 CFR 351.211(b)(1), we will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all entries of subject
merchandise from Turkey entered, or
withdrawn from warehouse, for
consumption on or after January 30,
2008, the date of the publication of the
Preliminary Determination. We will
instruct CBP to require a cash deposit or
the posting of a bond equal to the
weighted–average margin, as indicated
in the chart above, as follows: (1) the
rate for the mandatory respondents will
be the rate we have determined in this
final determination; (2) if the exporter is
not a firm identified in this
investigation but the producer is, the
rate will be the rate established for the
producer of the subject merchandise; (3)
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19816
Federal Register / Vol. 73, No. 71 / Friday, April 11, 2008 / Notices
the rate for all other producers or
exporters will be 27.04 percent. These
suspension–of-liquidation instructions
will remain in effect until further notice.
DEPARTMENT OF COMMERCE
International Trade Commission
Notification
Sodium Nitrite from the People’s
Republic of China: Preliminary
Affirmative Countervailing Duty
Determination
In accordance with section 735(d) of
the Act, we have notified the
International Trade Commission (ITC) of
our final determination. As our final
determination is affirmative, and in
accordance with section 735(b)(2) of the
Act, the ITC will determine, within 45
days, whether the domestic industry in
the United States is materially injured,
or threatened with material injury, by
reason of imports or sales (or the
likelihood of sales) for importation of
the subject merchandise. If the ITC
determines that material injury or threat
of material injury does not exist, the
proceeding will be terminated and all
securities posted will be refunded or
canceled. If the ITC determines that
such injury does exist, the Department
will issue an antidumping duty order
directing CBP to assess antidumping
duties on all imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation.
Notification Regarding APO
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. Timely
notification of 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.
This determination is issued and
published pursuant to sections 735(d)
and 777(i)(1) of the Act.
Dated: April 7, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–7833 Filed 4–10–08; 8:45 am]
mstockstill on PROD1PC66 with NOTICES
BILLING CODE 3510–DS–S
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Jkt 214001
International Trade Administration
(C–570–926)
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of sodium
nitrite from the People’s Republic of
China (PRC). For information on the
countervailable subsidy rates, see the
‘‘Suspension of Liquidation’’ section of
this notice. See the ‘‘Disclosure and
Public Comment’’ section below for
procedures on filing comments
regarding this preliminary
determination.
AGENCY:
EFFECTIVE DATE:
April 11, 2008.
FOR FURTHER INFORMATION CONTACT:
Sean Carey or Gene Calvert, AD/CVD
Operations, Office 6, Import
Administration, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue, N.W., Washington, D.C. 20230;
telephone: (202) 482–3964 and (202)
482–3586, respectively.
SUPPLEMENTARY INFORMATION:
Case History
On November 28, 2007, the
Department initiated a countervailing
duty (CVD) investigation of sodium
nitrite from the PRC. See Sodium Nitrite
from the People’s Republic of China:
Initiation of Countervailing Duty
Investigation, 72 FR 68568 (December 5,
2007) (Initiation Notice). On December
26, 2007, the Department selected, as
mandatory company respondents, the
two largest publicly identifiable Chinese
producers/exporters of sodium nitrite to
the United States: Shanxi Jiaocheng
Hongxing Chemical Co., Ltd. (Shanxi
Jiaocheng) and Tianjin Soda Plant,
together with its subsidiary company,
Tianjin Port Free Trade Zone Pan Bohai
International Trading Co., Ltd. (Tianjin
Soda Plant). See Memorandum to
Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration,
‘‘Respondent Selection,’’ dated
December 26, 2007. A public version of
this memorandum is on file in Import
Administration’s Central Records Unit
(CRU), Room 1117 of the main
Department of Commerce building. On
that same day, the Department issued a
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
CVD investigation questionnaire to the
Government of the People’s Republic of
China (GOC). The letter accompanying
this questionnaire informed the GOC
that it was responsible for completing
and submitting a response to certain
sections of this questionnaire and that it
was also responsible for forwarding
copies of the questionnaire to the two
mandatory respondents subject to this
CVD investigation. Questionnaire
responses were not submitted in this
investigation by either the GOC or the
two mandatory company respondents.
On December 21, 2007, General
Chemical LLC (petitioner) submitted
two new subsidy allegations concerning
preferential tax and loan policies for the
coal chemical industry, which
petitioner alleged benefited the
production of sodium nitrite. On
January 24, 2008, petitioner submitted
additional information regarding these
new subsidy allegations. On March 24,
2008, the Department determined that
the requirements of section 702 of the
Tariff Act of 1930, as amended (the Act)
were not met, and did not initiate an
investigation of these newly alleged
subsidies. For a complete discussion on
the Department’s decision not to initiate
an investigation on these newly alleged
programs, see Memorandum to Barbara
E. Tillman, Director, AD/CVD
Operations, Office 6, ‘‘Countervailing
Duty Investigation of Sodium Nitrite
from the People’s Republic of China:
Analysis of New Subsidy Allegations,’’
datedMarch 24, 2008, available in the
CRU.
Scope of the Investigation
The merchandise covered by this
investigation is sodium nitrite in any
form, at any purity level. In addition,
the sodium nitrite covered by this
investigation may or may not contain an
anti–caking agent. Examples of names
commonly used to reference sodium
nitrite are nitrous acid, sodium salt,
anti–rust, diazotizing salts, erinitrit, and
filmerine. The chemical composition of
sodium nitrite is NaNO2 and it is
generally classified under subheading
2834.10.1000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
The American Chemical Society
Chemical Abstract Service (CAS) has
assigned the name ‘‘sodium nitrite’’ to
sodium nitrite. The CAS registry
number is 7632–00–0. For purposes of
the scope of this investigation, the
narrative description is dispositive, not
the tariff heading, CAS registry number
or CAS name, which are provided for
convenience and customs purposes.
E:\FR\FM\11APN1.SGM
11APN1
]]>Agencies
[Federal Register Volume 73, Number 71 (Friday, April 11, 2008)]
[Notices]
[Pages 19814-19816]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7833]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-489-815
Notice of Final Determination of Sales at Less Than Fair Value:
Light-Walled Rectangular Pipe and Tube from Turkey
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 11, 2008.
SUMMARY: The Department of Commerce (the Department) determines that
imports of light-walled rectangular pipe and tube from Turkey are
being, or are likely to be, sold in the United States at less than fair
value, as provided in section 735 of the Tariff Act of 1930, as amended
(the Act). The final dumping margins are listed below in the section
entitled ``Final Determination of Investigation.''
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, Fred Baker, or Robert
James, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-1121, (202) 482-2924, or
(202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 30, 2008, the Department published the preliminary
determination of sales at less than fair value (LTFV) in the
antidumping investigation of light-walled rectangular pipe and tube
from Turkey. See Notice of Preliminary Determination of Sales at Less
Than Fair Value: Light-Walled Rectangular Pipe and Tube from Turkey, 73
FR 5508 (January 30, 2008) (Preliminary Determination). We invited
parties to comment on the Preliminary Determination. On March 10, 2008,
we received a letter from Goktas Tube, a producer/exporter of light-
walled rectangular pipe and tube from Turkey. We did not receive any
case or rebuttal briefs from any other interested parties.
Period of Investigation
The period of investigation is April 1, 2006, through March 31,
2007.
Scope of Investigation
The merchandise subject to this investigation is certain welded
carbon quality light-walled steel pipe and tube, of rectangular
(including square) cross section, having a wall thickness of less than
4 mm.
The term carbon-quality steel includes both carbon steel and alloy
steel which contains
only small amounts of alloying elements. Specifically, the term
carbon-quality includes products in which none of the elements listed
below exceeds the quantity by weight respectively indicated: 1.80
percent of manganese, or 2.25 percent of silicon, or 1.00 percent of
copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or
0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of
nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or
0.10 percent of niobium, or 0.15 percent vanadium, or 0.15 percent of
zirconium. The description of carbon-quality is intended to identify
carbon-quality products within the scope. The welded carbon-quality
rectangular pipe and tube subject to this investigation is currently
classified under the Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 7306.61.50.00 and 7306.61.70.60. While HTSUS
subheadings are provided for convenience and Customs purposes, our
[[Page 19815]]
written description of the scope of this investigation is dispositive.
Adverse Facts Available
For the final determination, we continue to find that by failing to
respond to our July 31, 2007, abbreviated quantity and value
questionnaire, and by failing to respond, or by failing to respond in a
timely manner to our follow up letter dated August 16, 2007, Anadolu
Boru, Ayata Metal Industy, Kalibre Boru Sanayi ve Ticaret A.S., Kerim
Celik Mamulleri Imalat ve Ticaret\1\, Ozgur Boru, Ozmak Makina ve
Elektrik Sanayi, Seamless Steel Tube and Pipe Co. (Celbor), Umran Steel
Pipe Inc., and Yusan Industries, Ltd., producers and/or exporter of
light-walled rectangular pipe and tube from Turkey, did not cooperate
to the best of their ability in this investigation. See Preliminary
Determination, at 5509-5513. Thus, the Department continues to find the
use of adverse facts available is warranted for these companies in
accordance with sections 776 (a)(2) and (b) of the Act.
Also, we continue to find that, by failing to provide information
we requested, mandatory respondents MMZ Onur Boru Profil Uretim San. Ve
Tic. A.S. (MMZ) and Guven Boru Profil Sanayii ve Ticaret Limited
Sirketi (Guven Boru), did not act to the best of their ability in
responding to our questionnaires. Thus, the Department continues to
find the use of adverse facts available is warranted for these
companies under sections 776 (a)(2) and (b) of the Act. See id.
---------------------------------------------------------------------------
\1\ Kerim Celik Mamulleri Imalat ve Ticaret responded to our
follow up letter, but its response was untimely,
---------------------------------------------------------------------------
Because Goktas Tube did not respond to our abbreviated quantity and
value questionnaire or to our follow up letter, we applied adverse
facts available to the company in the Preliminary Determination. See
id. On March 10, 2008, we received a letter from Goktas Tube claiming
that it did not receive our quantity and value questionnaire until
January 28, 2008, because it had changed locations and the
questionnaire and other correspondence was sent to its old address. The
company explained that it had been sending an employee to the old
location on a weekly basis to collect mail that had been sent to that
facility. In its letter, the company insisted that despite this, it
only received our quantity and value questionnaire on January 28, 2008.
The company also explained that it received a copy of the Preliminary
Determination on January 30, 2008.
The Department's records in this case indicate that Goktas Tube
received a copy of our abbreviated quantity and value questionnaire at
its original location on August 2, 2008. Also, in addition to our
abbreviated quantity and value questionnaire and a copy of the
Preliminary Determination, Goktas Tube received a copy of our follow up
letter, a copy of our August 17, 2007 letter to all interested parties
(the proposed model match letter), a copy of the September 7, 2007,
Memorandum to Stephen Claeys from Fred Baker (the respondent selection
memorandum), and our September 7, 2007, letter to all interested
parties (the public service list letter)\2\ at its previous location.
Our records indicate that our follow up letter, the proposed model
match letter, the respondent selection memorandum, and the public
service list letter were received at Goktas Tube's original location on
August, 20, 2007, August 20, 2007, September, 10, 2007, and September,
10, 2007, respectively. See Memorandum to the File, dated March, 28,
2008. Goktas Tube made no mention of any of these other documents in
its March 10, 2008, letter.
---------------------------------------------------------------------------
\2\ See Memorandum to the File, dated August 17, 2007.
---------------------------------------------------------------------------
Despite Goktas Tube's claim that it did not receive our quantity
and value questionnaire until January 28, 2008, we note that, according
to its own account, the company did have a copy of our quantity and
value questionnaire in its possession for six weeks before it notified
the Department of the situation. Further, the company gave no
explanation for this delay in its March 10, 2008, letter. On this
basis, we conclude that Goktas Tube had the opportunity to contact the
Department immediately when it realized the situation, but failed to do
so. Therefore, we continue to conclude that Goktas Tube has failed to
cooperate to the best of its ability, and accordingly, that the use of
adverse facts available is warranted for Goktas Tube under sections 776
(a)(2) and (b) of the Act.
As we explained in the Preliminary Determination, the rate of 41.07
percent we selected as the adverse facts-available rate is the highest
margin alleged in the petition. As discussed in the Preliminary
Determination, we corroborated the adverse facts-available rate
pursuant to section 776(c) of the Act.
All-Others Rate
As explained in the Preliminary Determination, we continue to
assign as the all-others rate a simple average of the rates in the
petition, that is, 27.04 percent. See Preliminary Determination, at
5513 and 5514.
Final Determination of Investigation
We determine that the following weighted-average dumping margins
exist for the period April 1, 2006, through March 31, 2007:
------------------------------------------------------------------------
Margin
Weighted-Average Producer/Exporter (Percentage)
------------------------------------------------------------------------
Guven Boru Profil Sanayii ve Ticaret Limited Sirketi 41.71
MMZ Onur Boru Profil Uretim San. ve Tic. A.S........ 41.71
Anadolu Boru........................................ 41.71
Ayata Metal Industry................................ 41.71
Goktas Tube/Goktas Metal............................ 41.71
Kalibre Boru Sanayi ve Ticaret A.S.................. 41.71
Kerim Celik Mamulleri Imalat ve Ticaret............. 41.71
Ozgur Boru.......................................... 41.71
Ozmak Makina ve Elektrik Sanayi..................... 41.71
Seamless Steel Tube and Pipe Co. (Celbor)........... 41.71
Umran Steel Pipe Inc................................ 41.71
Yusan Industries, Ltd............................. 41.71
Borusan Mannesmann Boru............................. 27.04
Erbosan Erciyas Boru Sanayii ve Ticaret A.S......... 27.04
Noksel Steel Pipe Co................................ 27.04
Ozborsan Boru San. ve Tic. A.S...................... 27.04
Ozdemir Boru Sanayi ve Ticaret Ltd. Sti............. 27.04
Toscelik Profil ve Sac End. A.S..................... 27.04
Yucel Boru ve Profil Endustrisi A.S................. 27.04
All Others.......................................... 27.04
------------------------------------------------------------------------
Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act and 19 CFR
351.211(b)(1), we will instruct U.S. Customs and Border Protection
(CBP) to continue to suspend liquidation of all entries of subject
merchandise from Turkey entered, or withdrawn from warehouse, for
consumption on or after January 30, 2008, the date of the publication
of the Preliminary Determination. We will instruct CBP to require a
cash deposit or the posting of a bond equal to the weighted-average
margin, as indicated in the chart above, as follows: (1) the rate for
the mandatory respondents will be the rate we have determined in this
final determination; (2) if the exporter is not a firm identified in
this investigation but the producer is, the rate will be the rate
established for the producer of the subject merchandise; (3)
[[Page 19816]]
the rate for all other producers or exporters will be 27.04 percent.
These suspension-of-liquidation instructions will remain in effect
until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our final determination. As our
final determination is affirmative, and in accordance with section
735(b)(2) of the Act, the ITC will determine, within 45 days, whether
the domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports or sales (or the
likelihood of sales) for importation of the subject merchandise. If the
ITC determines that material injury or threat of material injury does
not exist, the proceeding will be terminated and all securities posted
will be refunded or canceled. If the ITC determines that such injury
does exist, the Department will issue an antidumping duty order
directing CBP to assess antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding APO
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. Timely notification of 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.
This determination is issued and published pursuant to sections
735(d) and 777(i)(1) of the Act.
Dated: April 7, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-7833 Filed 4-10-08; 8:45 am]
BILLING CODE 3510-DS-S
