Notice of Final Determination of Sales at Less Than Fair Value: Light-Walled Rectangular Pipe and Tube from Turkey, 19814-19816 [E8-7833]

Download as PDF 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: VerDate Aug<31>2005 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, VerDate Aug<31>2005 19:21 Apr 10, 2008 Jkt 214001 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. PO 00000 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) E:\FR\FM\11APN1.SGM 11APN1 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 VerDate Aug<31>2005 19:21 Apr 10, 2008 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]


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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