Certain Welded Carbon Steel Pipe and Tube From Turkey: Notice of Final Antidumping Duty Administrative Review, 64250-64252 [2010-26271]
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64250
Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices
sections 751(a)(3)(A) and
751(a)(2)(B)(iv) of the Act, the
Department is extending the time limit
for completion of the final results of the
administrative and new-shipper reviews
by 60 days to December 13, 2010.
We are issuing and publishing this
notice in accordance with sections
751(a)(1), 751(a)(2)(B), and 777(i)(1) of
the Act.
Dated: October 13, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
Extension of Time Limit of Preliminary
Results
[FR Doc. 2010–26269 Filed 10–18–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–929]
Small Diameter Graphite Electrodes
From the People’s Republic of China:
Extension of Time Limit for the
Preliminary Results of the First
Administrative Review of the
Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 19, 2010.
FOR FURTHER INFORMATION CONTACT:
Frances Veith or Lindsey Novom, AD/
CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230,
telephone: (202) 482–4295 or (202) 482–
5256, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
mstockstill on DSKH9S0YB1PROD with NOTICES
We determine that it is not practicable
to complete the preliminary results of
this review within the original time
limit because the Department requires
additional time to analyze the
supplemental questionnaire responses,
issue additional supplemental
questionnaires if necessary, and
evaluate the most appropriate surrogate
values on the administrative record to
use in this segment of the proceeding.
Therefore, the Department is extending
the time limit for completion of the
preliminary results by 120 days. An
extension of 120 days from the current
deadline of October 31, 2010, would
result in a new deadline of February 28,
2011. The final results continue to be
due 120 days after the publication of the
preliminary results.
We are issuing and publishing this
notice in accordance with sections
751(a)(3)(A) and 777(i)(1) of the Act.
Dated: October 13, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–26266 Filed 10–18–10; 8:45 am]
BILLING CODE 3510–DS–P
Background
On March 30, 2010, the Department of
Commerce (‘‘the Department’’) initiated
the administrative review of the
antidumping duty order on small
diameter graphite electrodes from the
People’s Republic of China (‘‘PRC’’) for
the period August 21, 2008, through
January 31, 2010. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Requests
for Revocation in Part, 75 FR 15679
(March 30, 2010). The preliminary
results of this review are currently due
no later than October 31, 2010.
Statutory Time Limits
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to make a
preliminary determination in an
administrative review within 245 days
VerDate Mar<15>2010
after the last day of the anniversary
month of an order for which a review
is requested and a final determination
within 120 days after the date on which
the preliminary results are published.
However, if it is not practicable to
complete the review within these time
periods, section 751(a)(3)(A) of the Act
allows the Department to extend the
time limit for the preliminary
determination to a maximum of 365
days after the last day of the anniversary
month.
16:24 Oct 18, 2010
Jkt 223001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–501]
Certain Welded Carbon Steel Pipe and
Tube From Turkey: Notice of Final
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: On June 11, 2010, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results of the antidumping duty
administrative review of certain welded
carbon steel pipe and tube from Turkey.
This review covers four producers/
AGENCY:
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
exporters. The period of review (‘‘POR’’)
is May 1, 2008, through April 30, 2009.
Based on our analysis of the
comments received, we have made
certain changes in the margin
calculations. The final results,
consequently, differ from the
preliminary results. The final weightedaverage dumping margins for the
reviewed firms are listed below in the
section entitled ‘‘Final Results of
Review.’’
Effective Date: October 19, 2010.
Joy
Zhang or Christopher Hargett, at (202)
482–1168 or (202) 482–4161,
respectively; AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
Background
The administrative review covers the
following four producers/exporters: The
Borusan Group,1 Toscelik,2 Erbosan
Erciyas Boru Sanayi ve Ticaret A.S.
(‘‘Erbosan’’), and the Yucel Group
companies.3 On July 28, 2009, due to
the significant number of requests
received and the Department’s resource
constraints at the time of initiation of
the instant review, the Department
informed known interested parties of its
intent to limit the number of companies
examined in the current review. See
Memo to Melissa Skinner, through
James Terpstra, from Dennis McClure,
‘‘Antidumping Duty Administrative
Review of Certain Welded Carbon Steel
Pipe and Tube from Turkey: Selection of
Respondents for Individual Review,’’
dated July 28, 2009. In accordance with
section 777A(c)(2)(B) of the Tariff Act of
1930, as amended (‘‘the Act’’), we
selected Borusan and Toscelik as
mandatory respondents. On June 11,
2010, the Department published in the
Federal Register the preliminary results
of the antidumping duty administrative
view of certain welded carbon steel pipe
and tube from Turkey. See Certain
Welded Carbon Steel Pipe and Tube
1 The Borusan Group includes Borusan
Mannesmann Boru Sanayi ve Ticaret A.S., Borusan
Birlesik Boru Fabrikalari San ve Tic., Borusan
Istikbal Ticaret T.A.S., Boruson Holding A.S.,
Boruson Gemlik Boru Tesisleri A.S., Borusan
Ihracat Ithalat ve Dagitim A.S., and Borusan Ithicat
ve Dagitim A.S. (collectively ‘‘Borusan’’)
2 Toscelik Profil ve Sac Endustrisi A.S., Toscelik
Metal Ticaret A.S., Tosyali Dis Ticaret A.S.
(collectively ‘‘Toscelik’’).
3 Cayirova Boru Sanayi ve Ticaret A.S., Yucel
Boru ve Profil Endustrisi A.S., and Yucelboru
Ihracat Ithalat ve Pazarlama A.S. (collectively
‘‘Yucel Group Companies)’’.
E:\FR\FM\19OCN1.SGM
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Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices
from Turkey: Notice of Preliminary
Results of Antidumping Duty
Administrative Review, 75 FR 33262,
(June 11, 2010) (‘‘Preliminary Results’’).
We invited parties to comment on our
preliminary results. On July 30, 2010,
we received case briefs from Borusan
and United States Steel Corporation
(‘‘U.S. Steel’’). On August 5, 2010, and
August 6, 2010, we received rebuttal
briefs from the same parties,
respectively. The Department has
conducted this administrative review in
accordance with section 751 of the Act.
Period of Review
The POR covered by this review is
May 1, 2008, through April 30, 2009.
mstockstill on DSKH9S0YB1PROD with NOTICES
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, galvanized, or painted), or
end finish (plain end, beveled end,
threaded and coupled). Those pipes and
tubes are generally known as standard
pipe, though they may also be called
structural or mechanical tubing in
certain applications. Standard pipes and
tubes are intended for the low pressure
conveyance of water, steam, natural gas,
air, and other liquids and gases in
plumbing and heating systems, air
conditioner units, automatic sprinkler
systems, and other related uses.
Standard pipe may also be used for light
load-bearing and mechanical
applications, such as for fence tubing,
and for protection of electrical wiring,
such as conduit shells.
The scope is not limited to standard
pipe and fence tubing, or those types of
mechanical and structural pipe that are
used in standard pipe applications. All
carbon steel pipes and tubes within the
physical description outlined above are
included in the scope of this order,
except for line pipe, oil country tubular
goods, boiler tubing, cold-drawn or
cold-rolled mechanical tubing, pipe and
tube hollows for redraws, finished
scaffolding, and finished rigid conduit.
Imports of these products are
currently classifiable under the
following Harmonized Tariff Schedule
of the United States (‘‘HTSUS’’)
subheadings: 7306.30.10.00,
7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55,
7306.30.50.85, and 7306.30.50.90.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, our written description of the
scope of this proceeding is dispositive.
VerDate Mar<15>2010
16:24 Oct 18, 2010
Jkt 223001
Analysis of Comments Received
Issues raised in the case and rebuttal
briefs by parties to this proceeding and
to which we have responded are listed
in Appendix 1 to this notice and
addressed in the Memorandum To:
Ronald K. Lorentzen, Deputy Assistant
Secretary for Import Administration,
From: Susan H. Kuhbach, Acting
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, Subject: Issues and Decision
Memorandum for the Final Results of
the Antidumping Duty Administrative
Review: Certain Welded Carbon Steel
Pipe and Tube from Turkey, dated
October 5, 2010 (‘‘Issues and Decision
Memorandum’’), which is hereby
adopted by this notice. Parties can find
a complete discussion of the issues
raised in this administrative review and
the corresponding recommendations in
this public memorandum, which is on
file in the Central Records Unit (‘‘CRU’’),
Room 7046 of the main Department
building. In addition, a copy of the
Issues and Decision Memorandum can
be accessed directly on our Web site at
https://ia.ita.doc.gov/frn. The paper copy
and electronic version of the Issues and
Decision Memorandum are identical in
content.
Yucel Group Companies
In the Preliminary Results, the
Department found that the Yucel Group
companies had no shipments of subject
merchandise and announced its intent
to liquidate any entries of merchandise
produced by the Yucel Group
companies and exported by other
parties at the all-others rate.4 We did not
receive any comments on our
preliminary results with respect to the
Yucel Group companies. Thus, there is
no information or argument on the
record of the current review that
warrants reconsidering our preliminary
decision to liquidate any existing entries
of merchandise produced by the Yucel
Group companies and exported by other
parties at the all-others rate. Therefore,
we will instruct CBP to liquidate any
existing entries of merchandise
produced by the Yucel Group
companies and exported by other
parties at the all-others rate.
Final Results of Review
As a result of this review, we
determine that the following margins
exist for the period May 1, 2008,
through April 30, 2009:
4 See
PO 00000
Preliminary Results, 75 FR 33263.
Frm 00009
Fmt 4703
Sfmt 4703
Manufacturer/exporter
Borusan ................................
Toscelik .................................
Erbosan ................................
All Others ..............................
64251
Weighted-Average margin
(percent)
5.57
0.00
5.57
14.74
Disclosure
We will disclose any memorandums
used in our analysis to parties to these
proceedings within five days of the date
of publication of this notice.5
Assessment
The Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries.
Pursuant to 19 CFR 351.212(b)(1),
because Borusan reported the entered
value for all of its U.S. sales, we have
calculated importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of antidumping
duties calculated for the examined sales
to the total entered value of the sales
which entered value was reported. To
determine whether the duty assessment
rates are de minimis, in accordance with
the requirement set forth in 19 CFR
351.106(c)(2), we have calculated
importer-specific ad valorem ratios
based on the entered value.
For the remaining company, Erbosan,
which was not selected for individual
examination, we will instruct CBP to
apply the rate listed above to all entries
of subject merchandise produced and/or
exported by that firm. It is the
Department’s practice to calculate such
a rate as the weighted average of the
cash deposit rates calculated for the
companies selected for individual
examination, excluding any which are
de minimis or determined entirely on
adverse facts available. For this review,
it is the rate calculated for Borusan; the
only above de minimis rate.
Pursuant to 19 CFR 351.106(c)(2), we
will instruct CBP to liquidate without
regard to antidumping duties any
entries for which the assessment rate is
de minimis (i.e., less than 0.50 percent).
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, 2003.6 This clarification will
apply to entries of subject merchandise
during the POR produced by companies
included in these final results of review
for which the reviewed companies did
5 See
19 CFR 351.224(b).
Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
6 See
E:\FR\FM\19OCN1.SGM
19OCN1
64252
Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices
not know their merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the
country-specific all-others rate
established in the less-than-fair-value
(‘‘LTFV’’) investigation if there is no rate
for the intermediate company(ies)
involved in the transaction.
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) For the companies subject
to this review, the cash deposit rate will
be the rates listed above; (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 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.7 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
mstockstill on DSKH9S0YB1PROD with NOTICES
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 duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification to Interested Parties
This notice serves as the only
reminder to parties subject to
administrative protective orders (‘‘APO’’)
7 See Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products From
Turkey, 51 FR 17784 (May 15, 1986).
VerDate Mar<15>2010
16:24 Oct 18, 2010
Jkt 223001
of their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written 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.
We are issuing and publishing these
results of review in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: October 12, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix—Issues in Decision
Memorandum
1. Treatment of ‘‘Negative Dumping Margins’’
(Zeroing)
2. Method of Indexing Quarterly Costs
3. Borusan’s Duty Drawback
[FR Doc. 2010–26271 Filed 10–18–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–839]
Certain Polyester Staple Fiber From
the Republic of Korea: Final Results of
the 2008–2009 Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 15, 2010, the
Department of Commerce published the
preliminary results of the ninth
administrative review of the
antidumping duty order on certain
polyester staple fiber from the Republic
of Korea and invited interested parties
to comment. The review covers
shipments of subject merchandise to the
United States by Huvis Corporation.
Based on our analysis of the comments
received from interested parties, we
have made no changes for the final
results. The final weighted-average
dumping margins are listed below in the
‘‘Final Results of the Review’’ section of
this notice.
DATES: Effective Date: October 19, 2010.
FOR FURTHER INFORMATION CONTACT: Seth
Isenberg or Patricia Tran, Office 1, AD/
CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
AGENCY:
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
telephone: (202) 482–0588 and (202)
482–1503, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 15, 2010, the Department of
Commerce (‘‘the Department’’) published
Certain Polyester Staple Fiber from the
Republic of Korea: Preliminary Results
of the 2008–2009 Antidumping Duty
Administrative Review, 75 FR 33783
(June 15, 2010) (‘‘Preliminary Results’’)
in the Federal Register. On July 15,
2010, we received a case brief from
Huvis Corporation (‘‘Huvis’’) concerning
the Preliminary Results. On July 20,
2010, the Department released a postpreliminary calculation memo with our
analysis of cost and price data
submitted by Huvis on April 16, 2010,
April 27, 2010 and May 28, 2010. See
2008–2009 Administrative Review of
the Antidumping Duty Order on Certain
Polyester Staple Fiber from the Republic
of Korea: Post-Preliminary Analysis
Calculation Memorandum for Huvis
Corporation (dated July 6, 2010) (‘‘PostPrelim Memo’’).
Based on that analysis, the
Department determined that application
of the Department’s quarterly costing
methodology was not warranted and, as
a result, recommended no change to the
findings in the Preliminary Results.
Therefore, we invited interested parties
to comment on the Preliminary Results
and the Post-Prelim Memo.
On July 26, 2010, we received case
briefs from DAK Americas, LLC and
Invista, S.a.r.L., (collectively,
‘‘Petitioners’’) and Huvis concerning the
Post-Prelim Memo. On August 2, 2010,
the Department received a rebuttal brief
from Huvis. A public hearing was not
requested.
Scope of the Order
For the purposes of the order, the
product covered is certain polyester
staple fiber (‘‘PSF’’). PSF is defined as
synthetic staple fibers, not carded,
combed or otherwise processed for
spinning, of polyesters measuring 3.3
decitex (3 denier, inclusive) or more in
diameter. This merchandise is cut to
lengths varying from one inch (25 mm)
to five inches (127 mm). The
merchandise subject to the order may be
coated, usually with a silicon or other
finish, or not coated. PSF is generally
used as stuffing in sleeping bags,
mattresses, ski jackets, comforters,
cushions, pillows, and furniture.
Merchandise of less than 3.3 decitex
(less than 3 denier) currently classifiable
under the Harmonized Tariff Schedule
of the United States (‘‘HTSUS’’) at
subheading 5503.20.00.25 is specifically
excluded from the order. Also
E:\FR\FM\19OCN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 201 (Tuesday, October 19, 2010)]
[Notices]
[Pages 64250-64252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26271]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Certain Welded Carbon Steel Pipe and Tube From Turkey: Notice of
Final Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: On June 11, 2010, the Department of Commerce (``the
Department'') published the preliminary results of the antidumping duty
administrative review of certain welded carbon steel pipe and tube from
Turkey. This review covers four producers/exporters. The period of
review (``POR'') is May 1, 2008, through April 30, 2009.
Based on our analysis of the comments received, we have made
certain changes in the margin calculations. The final results,
consequently, differ from the preliminary results. The final weighted-
average dumping margins for the reviewed firms are listed below in the
section entitled ``Final Results of Review.''
DATES: Effective Date: October 19, 2010.
FOR FURTHER INFORMATION CONTACT: Joy Zhang or Christopher Hargett, at
(202) 482-1168 or (202) 482-4161, respectively; AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
The administrative review covers the following four producers/
exporters: The Borusan Group,\1\ Toscelik,\2\ Erbosan Erciyas Boru
Sanayi ve Ticaret A.S. (``Erbosan''), and the Yucel Group companies.\3\
On July 28, 2009, due to the significant number of requests received
and the Department's resource constraints at the time of initiation of
the instant review, the Department informed known interested parties of
its intent to limit the number of companies examined in the current
review. See Memo to Melissa Skinner, through James Terpstra, from
Dennis McClure, ``Antidumping Duty Administrative Review of Certain
Welded Carbon Steel Pipe and Tube from Turkey: Selection of Respondents
for Individual Review,'' dated July 28, 2009. In accordance with
section 777A(c)(2)(B) of the Tariff Act of 1930, as amended (``the
Act''), we selected Borusan and Toscelik as mandatory respondents. On
June 11, 2010, the Department published in the Federal Register the
preliminary results of the antidumping duty administrative view of
certain welded carbon steel pipe and tube from Turkey. See Certain
Welded Carbon Steel Pipe and Tube
[[Page 64251]]
from Turkey: Notice of Preliminary Results of Antidumping Duty
Administrative Review, 75 FR 33262, (June 11, 2010) (``Preliminary
Results'').
---------------------------------------------------------------------------
\1\ The Borusan Group includes Borusan Mannesmann Boru Sanayi ve
Ticaret A.S., Borusan Birlesik Boru Fabrikalari San ve Tic., Borusan
Istikbal Ticaret T.A.S., Boruson Holding A.S., Boruson Gemlik Boru
Tesisleri A.S., Borusan Ihracat Ithalat ve Dagitim A.S., and Borusan
Ithicat ve Dagitim A.S. (collectively ``Borusan'')
\2\ Toscelik Profil ve Sac Endustrisi A.S., Toscelik Metal
Ticaret A.S., Tosyali Dis Ticaret A.S. (collectively ``Toscelik'').
\3\ Cayirova Boru Sanayi ve Ticaret A.S., Yucel Boru ve Profil
Endustrisi A.S., and Yucelboru Ihracat Ithalat ve Pazarlama A.S.
(collectively ``Yucel Group Companies)''.
---------------------------------------------------------------------------
We invited parties to comment on our preliminary results. On July
30, 2010, we received case briefs from Borusan and United States Steel
Corporation (``U.S. Steel''). On August 5, 2010, and August 6, 2010, we
received rebuttal briefs from the same parties, respectively. The
Department has conducted this administrative review in accordance with
section 751 of the Act.
Period of Review
The POR covered by this review is May 1, 2008, through April 30,
2009.
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, galvanized, or painted), or end
finish (plain end, beveled end, threaded and coupled). Those pipes and
tubes are generally known as standard pipe, though they may also be
called structural or mechanical tubing in certain applications.
Standard pipes and tubes are intended for the low pressure conveyance
of water, steam, natural gas, air, and other liquids and gases in
plumbing and heating systems, air conditioner units, automatic
sprinkler systems, and other related uses. Standard pipe may also be
used for light load-bearing and mechanical applications, such as for
fence tubing, and for protection of electrical wiring, such as conduit
shells.
The scope is not limited to standard pipe and fence tubing, or
those types of mechanical and structural pipe that are used in standard
pipe applications. All carbon steel pipes and tubes within the physical
description outlined above are included in the scope of this order,
except for line pipe, oil country tubular goods, boiler tubing, cold-
drawn or cold-rolled mechanical tubing, pipe and tube hollows for
redraws, finished scaffolding, and finished rigid conduit.
Imports of these products are currently classifiable under the
following Harmonized Tariff Schedule of the United States (``HTSUS'')
subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90.
Although the HTSUS subheadings are provided for convenience and customs
purposes, our written description of the scope of this proceeding is
dispositive.
Analysis of Comments Received
Issues raised in the case and rebuttal briefs by parties to this
proceeding and to which we have responded are listed in Appendix 1 to
this notice and addressed in the Memorandum To: Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration, From: Susan H.
Kuhbach, Acting Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, Subject: Issues and Decision Memorandum
for the Final Results of the Antidumping Duty Administrative Review:
Certain Welded Carbon Steel Pipe and Tube from Turkey, dated October 5,
2010 (``Issues and Decision Memorandum''), which is hereby adopted by
this notice. Parties can find a complete discussion of the issues
raised in this administrative review and the corresponding
recommendations in this public memorandum, which is on file in the
Central Records Unit (``CRU''), Room 7046 of the main Department
building. In addition, a copy of the Issues and Decision Memorandum can
be accessed directly on our Web site at https://ia.ita.doc.gov/frn. The
paper copy and electronic version of the Issues and Decision Memorandum
are identical in content.
Yucel Group Companies
In the Preliminary Results, the Department found that the Yucel
Group companies had no shipments of subject merchandise and announced
its intent to liquidate any entries of merchandise produced by the
Yucel Group companies and exported by other parties at the all-others
rate.\4\ We did not receive any comments on our preliminary results
with respect to the Yucel Group companies. Thus, there is no
information or argument on the record of the current review that
warrants reconsidering our preliminary decision to liquidate any
existing entries of merchandise produced by the Yucel Group companies
and exported by other parties at the all-others rate. Therefore, we
will instruct CBP to liquidate any existing entries of merchandise
produced by the Yucel Group companies and exported by other parties at
the all-others rate.
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\4\ See Preliminary Results, 75 FR 33263.
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Final Results of Review
As a result of this review, we determine that the following margins
exist for the period May 1, 2008, through April 30, 2009:
------------------------------------------------------------------------
Weighted-
Manufacturer/exporter Average margin
(percent)
------------------------------------------------------------------------
Borusan................................................. 5.57
Toscelik................................................ 0.00
Erbosan................................................. 5.57
All Others.............................................. 14.74
------------------------------------------------------------------------
Disclosure
We will disclose any memorandums used in our analysis to parties to
these proceedings within five days of the date of publication of this
notice.\5\
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\5\ See 19 CFR 351.224(b).
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Assessment
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries.
Pursuant to 19 CFR 351.212(b)(1), because Borusan reported the
entered value for all of its U.S. sales, we have calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of antidumping duties calculated for the examined sales to
the total entered value of the sales which entered value was reported.
To determine whether the duty assessment rates are de minimis, in
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we
have calculated importer-specific ad valorem ratios based on the
entered value.
For the remaining company, Erbosan, which was not selected for
individual examination, we will instruct CBP to apply the rate listed
above to all entries of subject merchandise produced and/or exported by
that firm. It is the Department's practice to calculate such a rate as
the weighted average of the cash deposit rates calculated for the
companies selected for individual examination, excluding any which are
de minimis or determined entirely on adverse facts available. For this
review, it is the rate calculated for Borusan; the only above de
minimis rate.
Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate
without regard to antidumping duties any entries for which the
assessment rate is de minimis (i.e., less than 0.50 percent). 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.\6\ This clarification will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did
[[Page 64252]]
not know their merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
country-specific all-others rate established in the less-than-fair-
value (``LTFV'') investigation if there is no rate for the intermediate
company(ies) involved in the transaction.
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\6\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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) For the companies subject to this review, the
cash deposit rate will be the rates listed above; (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 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.\7\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\7\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products From Turkey, 51 FR 17784 (May 15, 1986).
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Notification to Importers
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 duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
This notice serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
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.
We are issuing and publishing these results of review in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 12, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memorandum
1. Treatment of ``Negative Dumping Margins'' (Zeroing)
2. Method of Indexing Quarterly Costs
3. Borusan's Duty Drawback
[FR Doc. 2010-26271 Filed 10-18-10; 8:45 am]
BILLING CODE 3510-DS-P
