Certain Welded Carbon Steel Pipe and Tube from Turkey: Notice of Final Results of Antidumping Duty Administrative Review, 22883-22885 [E9-11419]

Download as PDF Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices performance, graduation rates, and school finance policy—all of which require the collection and use of this local education finance data collection. State legislatures, local leaders, university researchers, and parents increasingly rely on data to make substantive decisions about education. School district finance is a vital sector of the education data spectrum used by stakeholders to form policy and to develop new education strategies. The education finance data collected and processed by the Census Bureau are an essential component of the government finances program and provide unique products for education and finance data user groups. The Bureau of Economic Analysis (BEA) uses most of the items on Form F–33 to develop figures for the Gross Domestic Product. Reported F–33 data items specifically contribute to the estimates for National Income and Product Accounts (NIPA), and the Input-Output accounts (I–O), and gross domestic investments. BEA also uses the data to assess other public fiscal spending trends and events. The Census Bureau’s government finances program has made possible the dissemination of comprehensive and comparable public fiscal data since 1902. School finance data, which comprise nearly 30 percent of all local government general expenditures, are currently incorporated into the local government statistics released in the Annual Survey of Government Finance. The Census Bureau expects to release school finance data as part of its 2007 Census of Governments products. This table package contains benchmark statistics on public revenue, expenditure, debt, and assets. They are widely used by economists, legislators, social and political scientists, and government administrators. The Census Bureau makes available a detailed account for all school systems on files available from its Internet Web site. That Web site currently contains data files and statistical tables for the 1992 through 2006 fiscal year surveys. Historical files and publications prior to 1992 are also available upon request for data users engaged in longitudinal studies. In addition to numerous academic researchers who use the F–33 products, staff receive inquiries from State government officials, legislatures, public policy analysts, local school officials, non-profit organizations, and various Federal agencies. The U.S. Department of Education’s National Center for Education Statistics (NCES) jointly conducts this survey annually as part of the Common Core of Data (CCD) program. The education VerDate Nov<24>2008 16:43 May 14, 2009 Jkt 217001 finance data collected by the Census Bureau are the sole source of school district fiscal information for the CCD. NCES data users utilize electronic tools to search CCD databases for detailed fiscal and non-fiscal variables. Additionally, the NCES uses the F–33 education finance files to publish annual reports on the state of education. Affected Public: State, local or Tribal government. Frequency: Annually. Respondent’s Obligation: Voluntary. Legal Authority: Title 13 U.S.C., Sections 161 and 182. OMB Desk Officer: Brian HarrisKojetin, (202) 395–7314. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer, (202) 482–0266, Department of Commerce, Room 7845, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dhynek@doc.gov). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Brian Harris-Kojetin, OMB Desk Officer either by fax (202–395– 7245) or e-mail (bharrisk@omb.eop.gov). Dated: May 12, 2009. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer. [FR Doc. E9–11439 Filed 5–14–09; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–501] Certain Welded Carbon Steel Pipe and Tube from Turkey: Notice of Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On February 9, 2009, 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.1 This review covers one producer/ exporter of the subject merchandise.2 1 See Certain Welded Carbon Steel Pipe and Tube from Turkey: Notice of Preliminary Results of Antidumping Duty Administrative Review, 74 FR 6368 (February 9, 2009). 2 On February 17, 2009, the review was rescinded with respect to Toscelik Profil ve Sac Endustrisi PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 22883 The period of review (‘‘POR’’) is May 1, 2007, through April 30, 2008. 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: May 15, 2009. FOR FURTHER INFORMATION CONTACT: Dennis McClure or Christopher Hargett, 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) 482–5973 or (202) 482– 4161, respectively. SUPPLEMENTARY INFORMATION: Background This review covers the Borusan Group3 (‘‘Borusan’’), a producer/ exporter of the subject merchandise. On February 9, 2009, the Department published the preliminary results of this review and invited interested parties to comment on those results. On March 11, 2009, we received a case brief from Borusan. We did not receive a rebuttal brief from any interested parties. Scope of the Order 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 A.S. See Certain Welded Carbon Steel Pipe and Tube from Turkey: Notice of Rescission, in Part, of Antidumping Duty Administrative Review, 74 FR 7394 (February 17, 2009). 3 The Borusan Group includes Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret T.A.S. and other affiliated companies. E:\FR\FM\15MYN1.SGM 15MYN1 22884 Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices 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 Interested parties made only one comment which related to an alleged ministerial error, which we address below. A separate Issues and Decision Memorandum has not been prepared for these final results. Because the Department used the incorrect start and end dates for the POR, Borusan argues that the Department incorrectly dropped a large number of home market sales from the margin calculation. Borusan asserts that the Department should correct the start and end dates for the window periods in the margin calculation in order to match U.S. sales to contemporaneous sales in the home market. Citing to section 773(b)(1)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), Borusan contends that the Department needs to ensure that a proper cost test is applied to the home market sales so as to ensure a proper determination of whether home market sales have been made at less than cost of production ‘‘over an extended period of time.’’ We agree that the Department inadvertently used the incorrect dates as the start date and end date in our margin calculation. Therefore, we have corrected the dates to ensure that a proper cost test is applied to the home market sales. See Calculation Memorandum for the Borusan Group, from Dennis McClure to James Terpstra, dated June 9, 2009. Fair Value Comparisons We calculated export price (‘‘EP’’) and normal value (‘‘NV’’) based on the same methodology used in the preliminary results, except as noted in the Analysis of Comments Received section above. Cost of Production We calculated the cost of production for the merchandise based on the same VerDate Nov<24>2008 16:43 May 14, 2009 Jkt 217001 methodology used in the preliminary results. Final Results of Review As a result of our review, we determine that the following weighted– average margin exists for the period May 1, 2007, through April 30, 2008. Manufacturer/Exporter Weighted–Average Margin Borusan4 ....................... 7.59 percent 4 The cash deposit rate calculated for Borusan applies to The Borusan Group, Borusan Mannesmann Boru Sanayi ve Ticaret, A.S. and Borusan Istikbal Ticaret T.A.S. for CBP purposes. The Department formerly referred to Borusan Istikbal Ticaret T.A.S. as Istikbal Ticaret T.A.S. See Notice of Final Results of Antidumping Duty Administrative Review: Certain Welded Carbon Steel Pipe and Tube from Turkey, 70 FR 73447 (December 12, 2005). We note that Borusan’s response does not identify a company by the name Istikbal Ticaret T.A.S. Instead, Borusan’s response identified their affiliate, Borusan Istikbal Ticaret T.A.S., which was not involved in sales of subject merchandise to the United States during the POR. See Borusan’s August 29, 2008, response at 33. Borusan also explained in its August 29, 2008, response at 5, that Borusan Birlesik Boru Fabrikalari San ve Tic. (‘‘BBBF’’) was renamed Borusan Mannesmann Boru Sanayi Ve Ticaret, A.S. prior to BBBF’s name change. Assessment The Department will determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries, pursuant to section 751(a)(1)(B) of the Act, and 19 CFR 351.212(b). The Department calculated importer– specific duty assessment rates based on the ratio of the total antidumping duties calculated for the examined sales to the total entered value of the examined sales for that importer. Where the assessment rate is above de minimis, we will instruct CBP to assess duties on all entries of subject merchandise by that importer. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (‘‘Assessment Policy Notice’’). This clarification will apply to entries of subject merchandise during the POR produced by Borusan for which Borusan did not know that the merchandise it sold to the intermediary (e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all–others rate PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 if there is no rate for the intermediary involved in the transaction. See Assessment Policy Notice for a full discussion of this clarification. Cash Deposit Requirements The following antidumping duty deposit rates will be effective upon publication of this notice of final results of the administrative review for all shipments of welded pipe and tube from Turkey entered, or withdrawn from warehouse, for consumption on or after the date of the publication of these final results, as provided by section 751(a)(1) of the Act: (1) the cash deposit rate for Borusan is 7.59 percent; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company–specific rate published for the most recent final results in which that manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less–than-fair–value (‘‘LTFV’’) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent final results for the manufacturer of the merchandise; and, (4) if neither the exporter nor the manufacturer is a firm covered in this or any previous review conducted by the Department, the cash deposit rate will be 14.74 percent, the all–others rate established in the LTFV investigation. See Antidumping Duty Order; Welded Carbon Steel Standard Pipe and Tube Products From Turkey, 51 FR 17784 (May 15, 1986). These cash deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement may result in the Secretary’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of doubled antidumping and/or countervailing duties. Administrative Protective Order This notice also is the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written E:\FR\FM\15MYN1.SGM 15MYN1 Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Notices Certain Hot–Rolled Carbon Steel Flat Products from Thailand: Final Results of Antidumping Duty Changed Circumstances Review and Reinstatement in the Antidumping Duty Order subject merchandise manufactured and exported by SSI. The product covered by this order is hot–rolled steel from Thailand (see ‘‘Scope of the Order’’ section below). The period of review (‘‘POR’’) is July 1, 2006, through June 30, 2007. Based on our analysis of the comments received, we have made changes to the margin calculation. Therefore, the final results differ from the preliminary results. However, we continue to determine that SSI sold subject merchandise at less than normal value (‘‘NV’’) during the POR, and hereby reinstate SSI in the order. The final weighted–average dumping margin is listed below in the section entitled ‘‘Final Results of Review.’’ EFFECTIVE DATE: May 15, 2009. FOR FURTHER INFORMATION CONTACT: John K. Drury or Angelica Mendoza, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC 20230; telephone: (202) 482–0195 or (202) 482– 3019, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Import Administration, International Trade Administration, Department of Commerce SUMMARY: On December 30, 2008, the Department of Commerce (‘‘the Department’’) published the preliminary results of the changed circumstances review and intent to reinstate Sahaviriya Steel Industries Public Company Limited (‘‘SSI’’) in the antidumping duty order (‘‘the order’’) on certain hot– rolled carbon steel flat products (‘‘hot– rolled steel’’) from the Kingdom of Thailand (‘‘Thailand’’). See Certain Hot– Rolled Carbon Steel Flat Products from Thailand: Preliminary Results of Changed Circumstances Review and Intent To Reinstate Sahaviriya Steel Industries Public Company Limited in the Antidumping Duty Order, 73 FR 79809 (December 30, 2008) (‘‘Preliminary Results’’). On October 29, 2008, we extended the time limit for completion of this changed circumstances review until April 22, 2009. See Certain Hot–Rolled Carbon Steel Flat Products from Thailand: Extension of Time Limit for Final Results of Changed Circumstances Review, 73 FR 64303 (October 29, 2008) (‘‘First Extension Notice’’). On April 29, 2009, we extended the date for the final results of this review by 15 days. See Certain Hot–Rolled Carbon Steel Flat Products from Thailand: Extension of Time Limit for Final Results of Changed Circumstances Review, 74 FR 19524 (April 29, 2009).This review covers Background On December 30, 2008, the Department published in the Federal Register the preliminary results of this changed circumstances review and intent to reinstate SSI in the antidumping order on hot–rolled steel from Thailand. See Preliminary Results. This review covers sales of subject merchandise by SSI. The POR is July 1, 2006, through June 30, 2007. On December 10, 2008, we issued a notice correcting an error in the First Extension Notice. See Certain Hot– Rolled Carbon Steel Flat Products from Thailand: Correction to Notice of Extension of Time Limit for Final Results of Changed Circumstances Review, 73 FR 75079 (December 10, 2008). On February 5, 2009, the Department issued a notice correcting an error in the Preliminary Results. See Certain Hot–Rolled Carbon Steel Flat Products from Thailand: Correction to Preliminary Results of Changed Circumstances Review and Intent To Reinstate Sahaviriya Steel Industries Public Company Limited in the Antidumping Duty Order, 74 FR 6136 (February 5, 2009). We invited interested parties to comment on the preliminary results of review. On February 4, 2009, we received comments from SSI, U.S. Steel Corporation (‘‘petitioner’’), and interested party Nucor Corporation (‘‘Nucor’’). On February 11, 2009, SSI, petitioner and Nucor filed rebuttal notification of the 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. We are issuing and publishing these results and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: May 7, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E9–11419 Filed 5–14–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–549–817] VerDate Nov<24>2008 18:34 May 14, 2009 Jkt 217001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 22885 comments. At the request of SSI, we held a hearing on this changed circumstances review on February 19, 2009. The Department has conducted this changed circumstances review in accordance with section 751(b) of the Tariff Act of 1930, as amended (‘‘the Act’’). Scope of the Order For purposes of the order, the products covered are certain hot–rolled carbon steel flat products of a rectangular shape, of a width of 0.5 inch or greater, neither clad, plated, nor coated with metal and whether or not painted, varnished, or coated with plastics or other non–metallic substances, in coils (whether or not in successively superimposed layers), regardless of thickness, and in straight lengths, of a thickness of less than 4.75 mm and of a width measuring at least 10 times the thickness. Universal mill plate (i.e., flat–rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 mm, but not exceeding 1250 mm, and of a thickness of not less than 4.0 mm, not in coils and without patterns in relief) of a thickness not less than 4.0 mm is not included within the scope of the order. Specifically included within the scope of the order are vacuum degassed, fully stabilized (commonly referred to as interstitial–free (‘‘IF’’)) steels, high strength low alloy (‘‘HSLA’’) steels, and the substrate for motor lamination steels. IF steels are recognized as low carbon steels with micro–alloying levels of elements such as titanium or niobium (also commonly referred to as columbium), or both, added to stabilize carbon and nitrogen elements. HSLA steels are recognized as steels with micro–alloying levels of elements such as chromium, copper, niobium, vanadium, and molybdenum. The substrate for motor lamination steels contains micro–alloying levels of elements such as silicon and aluminum. Steel products to be included in the scope of the order, regardless of definitions in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’), are products in which: i) iron predominates, by weight, over each of the other contained elements; ii) the carbon content is 2 percent or less, by weight; and iii) 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 E:\FR\FM\15MYN1.SGM 15MYN1

Agencies

[Federal Register Volume 74, Number 93 (Friday, May 15, 2009)]
[Notices]
[Pages 22883-22885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11419]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]


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

AGENCY:  Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On February 9, 2009, 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.\1\ This review 
covers one producer/exporter of the subject merchandise.\2\ The period 
of review (``POR'') is May 1, 2007, through April 30, 2008. 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.
---------------------------------------------------------------------------

    \1\ See Certain Welded Carbon Steel Pipe and Tube from Turkey: 
Notice of Preliminary Results of Antidumping Duty Administrative 
Review, 74 FR 6368 (February 9, 2009).
    \2\ On February 17, 2009, the review was rescinded with respect 
to Toscelik Profil ve Sac Endustrisi A.S. See Certain Welded Carbon 
Steel Pipe and Tube from Turkey: Notice of Rescission, in Part, of 
Antidumping Duty Administrative Review, 74 FR 7394 (February 17, 
2009).

---------------------------------------------------------------------------
EFFECTIVE DATE: May 15, 2009.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Christopher Hargett, 
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-
5973 or (202) 482-4161, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers the Borusan Group\3\ (``Borusan''), a producer/
exporter of the subject merchandise. On February 9, 2009, the 
Department published the preliminary results of this review and invited 
interested parties to comment on those results. On March 11, 2009, we 
received a case brief from Borusan. We did not receive a rebuttal brief 
from any interested parties.
---------------------------------------------------------------------------

    \3\ The Borusan Group includes Borusan Mannesmann Boru Sanayi ve 
Ticaret A.S. and Borusan Istikbal Ticaret T.A.S. and other 
affiliated companies.
---------------------------------------------------------------------------

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

[[Page 22884]]

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

    Interested parties made only one comment which related to an 
alleged ministerial error, which we address below. A separate Issues 
and Decision Memorandum has not been prepared for these final results.
    Because the Department used the incorrect start and end dates for 
the POR, Borusan argues that the Department incorrectly dropped a large 
number of home market sales from the margin calculation. Borusan 
asserts that the Department should correct the start and end dates for 
the window periods in the margin calculation in order to match U.S. 
sales to contemporaneous sales in the home market. Citing to section 
773(b)(1)(A) of the Tariff Act of 1930, as amended (``the Act''), 
Borusan contends that the Department needs to ensure that a proper cost 
test is applied to the home market sales so as to ensure a proper 
determination of whether home market sales have been made at less than 
cost of production ``over an extended period of time.''
    We agree that the Department inadvertently used the incorrect dates 
as the start date and end date in our margin calculation. Therefore, we 
have corrected the dates to ensure that a proper cost test is applied 
to the home market sales. See Calculation Memorandum for the Borusan 
Group, from Dennis McClure to James Terpstra, dated June 9, 2009.

Fair Value Comparisons

    We calculated export price (``EP'') and normal value (``NV'') based 
on the same methodology used in the preliminary results, except as 
noted in the Analysis of Comments Received section above.

Cost of Production

    We calculated the cost of production 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 margin exists for the period May 1, 2007, through 
April 30, 2008.

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                       Margin
------------------------------------------------------------------------
Borusan\4\..........................................        7.59 percent
------------------------------------------------------------------------
\4\ The cash deposit rate calculated for Borusan applies to The Borusan
  Group, Borusan Mannesmann Boru Sanayi ve Ticaret, A.S. and Borusan
  Istikbal Ticaret T.A.S. for CBP purposes. The Department formerly
  referred to Borusan Istikbal Ticaret T.A.S. as Istikbal Ticaret T.A.S.
  See Notice of Final Results of Antidumping Duty Administrative Review:
  Certain Welded Carbon Steel Pipe and Tube from Turkey, 70 FR 73447
  (December 12, 2005). We note that Borusan's response does not identify
  a company by the name Istikbal Ticaret T.A.S. Instead, Borusan's
  response identified their affiliate, Borusan Istikbal Ticaret T.A.S.,
  which was not involved in sales of subject merchandise to the United
  States during the POR. See Borusan's August 29, 2008, response at 33.
  Borusan also explained in its August 29, 2008, response at 5, that
  Borusan Birlesik Boru Fabrikalari San ve Tic. (``BBBF'') was renamed
  Borusan Mannesmann Boru Sanayi Ve Ticaret, A.S. prior to BBBF's name
  change.

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries, pursuant to section 751(a)(1)(B) of the Act, and 
19 CFR 351.212(b). The Department calculated importer-specific duty 
assessment rates based on the ratio of the total antidumping duties 
calculated for the examined sales to the total entered value of the 
examined sales for that importer. Where the assessment rate is above de 
minimis, we will instruct CBP to assess duties on all entries of 
subject merchandise by that importer. The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(``Assessment Policy Notice''). This clarification will apply to 
entries of subject merchandise during the POR produced by Borusan for 
which Borusan did not know that the merchandise it sold to the 
intermediary (e.g., a reseller, trading company, or exporter) was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate unreviewed entries at the all-others rate if there is no 
rate for the intermediary involved in the transaction. See Assessment 
Policy Notice for a full discussion of this clarification.

Cash Deposit Requirements

    The following antidumping duty deposit rates will be effective upon 
publication of this notice of final results of the administrative 
review for all shipments of welded pipe and tube from Turkey entered, 
or withdrawn from warehouse, for consumption on or after the date of 
the publication of these final results, as provided by section 
751(a)(1) of the Act: (1) the cash deposit rate for Borusan is 7.59 
percent; (2) for previously reviewed or investigated companies not 
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent final results in which that 
manufacturer or exporter participated; (3) if the exporter is not a 
firm covered in this review, a prior review, or the original less-than-
fair-value (``LTFV'') investigation, but the manufacturer is, the cash 
deposit rate will be the rate established for the most recent final 
results for the manufacturer of the merchandise; and, (4) if neither 
the exporter nor the manufacturer is a firm covered in this or any 
previous review conducted by the Department, the cash deposit rate will 
be 14.74 percent, the all-others rate established in the LTFV 
investigation. See Antidumping Duty Order; Welded Carbon Steel Standard 
Pipe and Tube Products From Turkey, 51 FR 17784 (May 15, 1986). These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.

Reimbursement of Duties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement may result in the Secretary's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of doubled antidumping 
and/or countervailing duties.

Administrative Protective Order

    This notice also is the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written

[[Page 22885]]

notification of the 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.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-11419 Filed 5-14-09; 8:45 am]
BILLING CODE 3510-DS-S