Light-Walled Rectangular Pipe and Tube from Turkey; Notice of Final Results of Antidumping Duty Administrative Review, 61127-61128 [2010-24831]

Download as PDF Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices Extension of Time Limits for Final Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘Act’’), requires the Department to issue the final results in an administrative review of an antidumping duty order 120 days after the date on which the preliminary results are published. The Department may, however, extend the deadline for completion of the final results of an administrative review to 180 days if it determines it is not practicable to complete the review within the foregoing time period. See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2). The Department requires additional time to complete this review because the Department must analyze and consider significant issues raised in the parties’ case and rebuttal briefs and fully analyze the parties’ postpreliminary surrogate value submissions. Thus, it is not practicable to complete this review by the current due date. Therefore, we are extending the time for the completion of the final results of this review by an additional 15 days to November 9, 2010. This notice is published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: September 28, 2010. Susan H. Kuhbach, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–24830 Filed 10–1–10; 8:45 am] BILLING CODE 3510–DS–P Background On August 5, 2010, the Department of Commerce (‘‘Department’’) published in the Federal Register its preliminary results of the new shipper review of the antidumping duty order on non–frozen apple juice concentrate from the People’s Republic of China (‘‘PRC’’).1 This review covers the period June 1, 2009, through January 20, 2010. The final results of review are currently due no later than October 28, 2010. Extension of Time Limit for Final Results of Review Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(i)(1), provide that the Department will issue the final results of review within 90 days after the date on which the preliminary results were issued. However, if the Secretary concludes that a new shipper review is extraordinarily complicated, the Secretary may extend the 90-day period to 150 days. See 19 CFR 351.214(i)(2). The Department determines that this new shipper review involves extraordinarily complicated methodological issues, including the continued evaluation of the most appropriate methodology for valuing labor. Therefore, in accordance with section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2), the Department is extending the time limit for the final results from 90 days to 150 days. Therefore, the final results will now be due no later than December 27, 2010. We are issuing and publishing this notice in accordance with sections 751(a)(2)(B)(iv) and 777(i) of the Act. Dated: September 28, 2010. Susan H. Kuhbach, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. DEPARTMENT OF COMMERCE International Trade Administration [A–570–855] [FR Doc. 2010–24832 Filed 10–1–10; 8:45 am] Non–Frozen Apple Juice Concentrate from the People’s Republic of China: Extension of Time Limit for the Final Results of the New Shipper Antidumping Duty Review BILLING CODE 3510–DS–S Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: October 4, 2010. FOR FURTHER INFORMATION CONTACT: Alexis Polovina, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–3927. SUPPLEMENTARY INFORMATION: [A–489–815] jlentini on DSKJ8SOYB1PROD with NOTICES AGENCY: VerDate Mar<15>2010 17:23 Oct 01, 2010 Jkt 223001 DEPARTMENT OF COMMERCE International Trade Administration Light–Walled Rectangular Pipe and Tube from Turkey; Notice of Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. AGENCY: 1 See Certain Non-Frozen Apple Juice Concentrate from the People’s Republic of China: Notice of Preliminary Results of the New Shipper Review, 75 FR 47270 (August 5, 2010). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 61127 On June 15, 2010, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on Light– Walled Rectangular Pipe and Tube from Turkey. See Light–Walled Rectangular Pipe and Tube from Turkey; Notice of Preliminary Results of Antidumping Duty Administrative Review, 75 FR 33779 (June 15, 2010) (Preliminary Results). We gave interested parties an opportunity to comment on the Preliminary Results, but and received noneno comments. EFFECTIVE DATE: October 4, 2010. FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, or Robert James, AD/ CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–1121 or (202) 482– 0649, respectively SUPPLEMENTARY INFORMATION: SUMMARY: Background On June 15, 2010, the Department published the preliminary results of administrative review of the antidumping duty order covering light– walled rectangular pipe and tube from Turkey. See Preliminary Results. The parties subject to this review are Toscelik Profil ve Sac Endustrisi A.S. ¸ and Tosyali Dis Ticaret A.S. (collectively, Toscelik). The petitioners ¸ in this proceeding are Atlas Tube, Inc. and Searing Industries, Inc. (collectively, Petitioners). In the Preliminary Results, the Department stated that interested parties were to submit case briefs within 30 days of publication of the Preliminary Results and rebuttal briefs within five days after the due date for filing case briefs. See Preliminary Results at 33782. No interested party submitted a case or rebuttal brief. On July 29, 2010, we released the verification report for the sales verification of Toscelik. See ¸ Memorandum from Tyler Weinhold and Mark Flessner to the file, ‘‘Verification of Sections A–C Questionnaire Responses submitted by Toscelik Profil ve Sac End. A.S. (Toscelik Profil) and its affiliated exporter Tosyali Dis Ticaret San. A.S. (Tosyali Dis Ticaret) (collectively Toscelik) in the Antidumping Duty Administrative Review of Light–Walled Rectangular Pipe and Tube From Turkey’’ (Verification Report). No interested party submitted comments on the report. We made no changes for the final results. E:\FR\FM\04OCN1.SGM 04OCN1 61128 Federal Register / Vol. 75, No. 191 / Monday, October 4, 2010 / Notices Period of Review The period of review (POR) is January 30, 2008, through April 30, 2009. Scope of the Order The merchandise subject to this order 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 order 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 CBP’s customs purposes, our written description of the scope of the order is dispositive. Final Results of Review The Department has determined that the following margins exist for the period January 30, 2008, through April 30, 2009: Manufacturer Weighted Average Margin (percentage) jlentini on DSKJ8SOYB1PROD with NOTICES Toscelik Profil Ve Sac ¸ Endustrisi A.S ........... 0.00% Assessment Rates Pursuant to these final results, the Department has determined, and CBP shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions for Toscelik to CBP 15 days after the date of publication of these final results. Pursuant to 19 CFR 351.212(b)(1), we calculated importer–specific (or customer–specific) ad valorem duty assessment rates based on the ratio of the total amount of the dumping margins calculated for the examined VerDate Mar<15>2010 18:22 Oct 01, 2010 Jkt 223001 sales to the total entered value of those same sales. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer–specific (or customer–specific) assessment rate calculated in the final results of this review are above de minimis. 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 of Antidumping Duties). This clarification will apply to entries of subject merchandise during the POR produced by Toscelik for which Toscelik did not ¸ ¸ know the merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate un– reviewed entries at the 27.04 percent all–others rate from the LTFV investigation if there is no company– specific rate for an intermediary involved in the transaction. See Notice of Antidumping Duty Order: Light– Walled Rectangular Pipe and Tube From Turkey, 73 FR 31065 (May 30, 2008). See Assessment of Antidumping Duties for a full discussion of this clarification. Cash Deposit Requirements Furthermore, the following deposit requirements will be effective upon publication of these final results for all shipments of light–walled rectangular pipe and tube from Turkey entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(1) of the Tariff Act: 1) the cash deposit rate for Toscelik Profil Ve Sac Endustrisi A.S. will be the rate established in the final results of review; 2) if the exporter is not a firm covered in this review or the less–than-fair– value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and 3) 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 the all–others rate from the LTFV investigation. Id. These deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Tariff Act. Dated: September 27, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–24831 Filed 10–1–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–557–813] Polyethylene Retail Carrier Bags From Malaysia: Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 15, 2010, the Department published its preliminary results of the administrative review of the antidumping duty order on polyethylene retail carrier bags (PRCBs) from Malaysia. The review covers one manufacturer/exporter. The period of review is August 1, 2008, through July 31, 2009. We gave interested parties an opportunity to comment on the preliminary results. We have made no changes to the margin calculation for the final results of this review. The final weighted-average margin is listed below in the ‘‘Final Results of the Review’’ section of this notice. DATES: Effective Date: October 4, 2010. AGENCY: E:\FR\FM\04OCN1.SGM 04OCN1

Agencies

[Federal Register Volume 75, Number 191 (Monday, October 4, 2010)]
[Notices]
[Pages 61127-61128]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24831]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-815]


Light-Walled Rectangular 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 June 15, 2010, the Department of Commerce (the Department) 
published in the Federal Register the preliminary results of the 
administrative review of the antidumping duty order on Light-Walled 
Rectangular Pipe and Tube from Turkey. See Light-Walled Rectangular 
Pipe and Tube from Turkey; Notice of Preliminary Results of Antidumping 
Duty Administrative Review, 75 FR 33779 (June 15, 2010) (Preliminary 
Results). We gave interested parties an opportunity to comment on the 
Preliminary Results, but and received noneno comments.

EFFECTIVE DATE: October 4, 2010.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, or Robert James, AD/
CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-1121 
or (202) 482-0649, respectively

SUPPLEMENTARY INFORMATION:

Background

    On June 15, 2010, the Department published the preliminary results 
of administrative review of the antidumping duty order covering light-
walled rectangular pipe and tube from Turkey. See Preliminary Results. 
The parties subject to this review are Tos[ccedil]elik Profil ve Sac 
Endustrisi A.S. and Tosyali Dis Ticaret A.S. (collectively, 
Tos[ccedil]elik). The petitioners in this proceeding are Atlas Tube, 
Inc. and Searing Industries, Inc. (collectively, Petitioners).
    In the Preliminary Results, the Department stated that interested 
parties were to submit case briefs within 30 days of publication of the 
Preliminary Results and rebuttal briefs within five days after the due 
date for filing case briefs. See Preliminary Results at 33782. No 
interested party submitted a case or rebuttal brief. On July 29, 2010, 
we released the verification report for the sales verification of 
Tos[ccedil]elik. See Memorandum from Tyler Weinhold and Mark Flessner 
to the file, ``Verification of Sections A-C Questionnaire Responses 
submitted by Toscelik Profil ve Sac End. A.S. (Toscelik Profil) and its 
affiliated exporter Tosyali Dis Ticaret San. A.S. (Tosyali Dis Ticaret) 
(collectively Toscelik) in the Antidumping Duty Administrative Review 
of Light-Walled Rectangular Pipe and Tube From Turkey'' (Verification 
Report). No interested party submitted comments on the report. We made 
no changes for the final results.

[[Page 61128]]

Period of Review

    The period of review (POR) is January 30, 2008, through April 30, 
2009.

Scope of the Order

    The merchandise subject to this order 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 order 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 CBP's customs purposes, our written 
description of the scope of the order is dispositive.

Final Results of Review

    The Department has determined that the following margins exist for 
the period January 30, 2008, through April 30, 2009:

------------------------------------------------------------------------
                                                       Weighted Average
                    Manufacturer                            Margin
                                                         (percentage)
------------------------------------------------------------------------
Tos[ccedil]elik Profil Ve Sac Endustrisi A.S........               0.00%
------------------------------------------------------------------------

Assessment Rates

    Pursuant to these final results, the Department has determined, and 
CBP shall assess, antidumping duties on all appropriate entries. The 
Department intends to issue assessment instructions for Toscelik to CBP 
15 days after the date of publication of these final results. Pursuant 
to 19 CFR 351.212(b)(1), we calculated importer-specific (or customer-
specific) ad valorem duty assessment rates based on the ratio of the 
total amount of the dumping margins calculated for the examined sales 
to the total entered value of those same sales. We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review if any importer-specific (or customer-specific) assessment rate 
calculated in the final results of this review are above de minimis.
    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 
of Antidumping Duties). This clarification will apply to entries of 
subject merchandise during the POR produced by Tos[ccedil]elik for 
which Tos[ccedil]elik did not know the merchandise was destined for the 
United States. In such instances, we will instruct CBP to liquidate un-
reviewed entries at the 27.04 percent all-others rate from the LTFV 
investigation if there is no company-specific rate for an intermediary 
involved in the transaction. See Notice of Antidumping Duty Order: 
Light-Walled Rectangular Pipe and Tube From Turkey, 73 FR 31065 (May 
30, 2008). See Assessment of Antidumping Duties for a full discussion 
of this clarification.

Cash Deposit Requirements

    Furthermore, the following deposit requirements will be effective 
upon publication of these final results for all shipments of light-
walled rectangular pipe and tube from Turkey entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(1) of the Tariff Act: 1) the cash deposit rate for Toscelik 
Profil Ve Sac Endustrisi A.S. will be the rate established in the final 
results of review; 2) if the exporter is not a firm covered in this 
review or the less-than-fair-value (LTFV) investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and 3) 
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 the all-others rate from the LTFV investigation. Id. These 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Reimbursement of Duties

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

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Tariff Act.

    Dated: September 27, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-24831 Filed 10-1-10; 8:45 am]
BILLING CODE 3510-DS-S