Certain Welded Carbon Steel Pipe and Tube From Turkey: Notice of Final Results of Antidumping Duty Administrative Review, 76939-76941 [2011-31678]
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Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Notices
consumption on or after the publication
date of these final results, as provided
for by section 751(a)(1) of the Tariff Act
of 1930, as amended (the Act): (1) The
cash deposit rate for companies subject
to this review will be the rate
established in the final results of this
review, except if the rate is less than 0.5
percent and, therefore, de minimis, no
cash deposit will be required; (2) if the
exporter is not a firm covered in this
review, but was covered in a previous
review or the original less-than-fairvalue (‘‘LTFV’’) investigation, the cash
deposit rate will continue to be the
company-specific rate established for
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the 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 subject
merchandise; and (4) if neither the
exporter nor the manufacturer is a firm
covered by this review, a prior review,
or the LTFV investigation, the cash
deposit rate will be 15.45 percent, the
all-others rate established in the Section
129 determination. See Implementation
of the Findings of the WTO Panel in
US—Zeroing (EC): Notice of
Determinations Under Section 129 of
the Uruguay Round Agreements Act and
Revocations and Partial Revocations of
Certain Antidumping Duty Orders, 72
FR 25261 (May 4, 2007). These cash
deposit requirements shall remain in
effect until further notice.
srobinson on DSK4SPTVN1PROD with NOTICES
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 and/or countervailing
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 and/or
countervailing duties occurred and the
subsequent increase in antidumping
duties by the amount of antidumping
and/or countervailing duties
reimbursed.
Notification Regarding APOs
This notice also serves as a 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)(5). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
VerDate Mar<15>2010
18:35 Dec 08, 2011
Jkt 226001
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 2, 2011.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix I
List of Comments in the Issues and Decision
Memorandum
Comment 1: Whether to use Zeroing
Methodology in this Administrative
Review for Garofalo
Comment 2: Whether the Department Should
Modify its Liquidation Instructions to
U.S. Customs and Border Protection
regarding Garofalo
Comment 3: Whether the Department Should
Include Certain Capitalized Labor Costs
in its Calculation of Tomasello’s Cost of
Production
[FR Doc. 2011–31676 Filed 12–8–11; 8:45 am]
BILLING CODE 3510–DS–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
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: On June 8, 2011, 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.
The administrative review covers the
Borusan Group 1 and Toscelik,2
producers and exporters of the subject
merchandise. The period of review
(‘‘POR’’) is May 1, 2009, through April
30, 2010.
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 weightedAGENCY:
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., and Tosyali Dis Ticaret A.S.
(collectively, ‘‘Toscelik’’).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
76939
average dumping margins for the
reviewed firms are listed below in the
section entitled ‘‘Final Results of
Review.’’
DATES:
Effective Date: December 9, 2011.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure or Victoria Cho, at
(202) 482–5973 or (202) 482–5075,
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
On June 8, 2011, 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 from Turkey;
Notice of Preliminary Results of
Antidumping Duty Administrative
Review, 76 FR 33204 (June 8, 2011)
(‘‘Preliminary Results’’).
We invited interested parties to
comment on our preliminary results. We
received case briefs from Toscelik,
Borusan, and U.S. Steel Corporation
(‘‘U.S. Steel’’), on July 7, 2011, July 22,
2011, and July 22, 2011, respectively.
On August 2, 2011, we received rebuttal
briefs from Borusan, U.S. Steel, and
Allied Tube and Conduit Corporation
and TMK IPSCO (collectively, ‘‘Allied
Tube and TMK’’).3 The Department has
conducted this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (‘‘the
Act’’).
Period of Review
The POR covered by this review is
May 1, 2009, through April 30, 2010.
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
3 U.S. Steel and Allied Tube and TMK are
petitioners in this administrative review.
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09DEN1
76940
Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Notices
srobinson on DSK4SPTVN1PROD with NOTICES
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
All 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,
Acting Assistant Secretary for Import
Administration, From: Christian Marsh,
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 for the
period of review May 1, 2009, through
April 30, 2010, dated December 2, 2011
(‘‘Issues and Decision Memorandum’’),
which is hereby adopted by this notice.
Parties can find a complete discussion
of all issues raised in this review and
the corresponding recommendation in
this public memorandum which is on
file electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). Access to IA ACCESS is
available in the Central Records Unit,
room 7046, of the main Commerce
building. In addition, a complete
version of the Decision Memorandum
can be accessed directly on the Web at
https://ia.ita.doc.gov/frn. The electronic
versions of the Decision Memorandum
VerDate Mar<15>2010
18:35 Dec 08, 2011
Jkt 226001
in IA ACCESS and on the Web are
identical in content.
days of the date of publication of this
notice.4
Changes From the Preliminary Results
Assessment
Based on our analysis of the
comments received from interested
parties, we have made the following
changes in calculating Borusan’s and
Toscelik’s dumping margins for the final
results: (1) We corrected the margin
program for a clerical error with respect
to Borusan’s quarterly costs; (2) we
revised Borusan’s quarterly costs for
exempted duty; (3) we reclassified
certain of Borusan’s home market
advertising expenses as indirect
expenses; (4) we adjusted Toscelik’s
reported quarterly costs for new mill
depreciation; (5) we adjusted Toscelik’s
financial expense ratio denominator to
exclude the effect of the inventory
impairment reversal; and (6) we applied
the alternative quarterly cost calculation
methodology for Toscelik for the final
results. See Issues and Decision
Memorandum at Comments 1 through 7
for Borusan and Comments 8 through 11
for Toscelik. For further details on how
the changes were applied in the margin
calculation, see Memorandum to the
File, from Victoria Cho and Dennis
McClure, International Trade Analysts,
through James Terpstra, Program
Manager, entitled ‘‘Final Results in the
2009/2010 Administrative Review on
Welded Pipe and Tube from Turkey,’’
dated December 5, 2011; see also
Memorandum to Neal M. Halper from
Laurens Van Houten, ‘‘Regarding the
Antidumping Duty Administrative
Review of Certain Welded Carbon Steel
Standard Pipe and Tube from Turkey
(‘‘Pipe and Tube’’), Cost of Production
and Constructed Value Calculation
Adjustments for the Final Results—
Borusan Mannesmann Boru Sanayi ve
Ticaret, A.S. and Toscelik Profil ve Sac
Endustrisi A.S. and its affiliated
exporter Tosyali Dis Ticaret, A.S.,’’
dated December 5, 2011.
The Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries.
Pursuant to 19 CFR 351.212(b)(1),
because Borusan and Toscelik 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 for 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.
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, 2003.5 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
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.
Final Results of Review
As a result of this review, we
determine that the following margins
exist for the period May 1, 2009,
through April 30, 2010:
Manufacturer/exporter
Borusan ....................................
Toscelik .....................................
Weightedaverage
margin
(percent)
4.46
0.95
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
Disclosure
We will disclose calculation
memorandums used in our analysis to
parties to these proceedings within five
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
4 See
19 CFR 351.224(b).
Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
5 See
E:\FR\FM\09DEN1.SGM
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Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Notices
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.6 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
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 and/or countervailing
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 and/or
countervailing duties occurred and the
subsequent increase in antidumping
duties by the amount of antidumping
and/or countervailing duties
reimbursed.
srobinson on DSK4SPTVN1PROD with NOTICES
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.
6 See
Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products From
Turkey, 51 FR 17784 (May 15, 1986).
VerDate Mar<15>2010
18:35 Dec 08, 2011
Jkt 226001
Dated: December 2, 2011.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix I—Issues in Decision
Memorandum
Borusan
Comment 1: Whether To Use Quarterly Cost
for Borusan
Comment 2: The Cost Recovery Test
Comment 3: Duty Exemption Calculation
Comment 4: Inadvertent Assignment of
Surrogate Costs
Comment 5: The Department’s Treatment of
Borusan’s Reported ‘‘N’’ in Its VATH
Field
Comment 6: Borusan’s Home Market
Adverting Expenses
Comment 7: Zeroing of Dumping Margins in
Administrative Reviews
Toscelik
Comment 8: Application of Quarterly Costs
Comment 9: Financial Expense Ratio
Calculation
Comment 10: Short-term Borrowing Rate
Used To Calculate Imputed Credit
Expense
Comment 11: Treatment of Warranty and
Bank Charges in the Program
[FR Doc. 2011–31678 Filed 12–8–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–837]
Polyethylene Terephthalate Film,
Sheet, and Strip From Taiwan: Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on
polyethylene terephthalate film, sheet
and strip (PET Film) from Taiwan. The
period of review (POR) for this
administrative review is July 1, 2009,
through June 30, 2010. This review
covers the following producers/
exporters of the subject merchandise:
Nan Ya Plastics Corporation, Ltd. (Nan
Ya), and Shinkong Synthetic Fibers
Corporation and Shinkong Materials
Technology Co., Ltd. (collectively,
Shinkong). We invited interested parties
to comment on our Preliminary
Results.1 Based on our analysis of the
AGENCY:
1 See Polyethylene Terephthalate Film, Sheet, and
Strip From Taiwan: Preliminary Results of
Antidumping Duty Administrative Review, 76 FR
47540 (August 5, 2011) (Preliminary Results).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
76941
comments received, we have made
changes to the margin applied to Nan
Ya, which are discussed in the
‘‘Changes Since the Preliminary
Results’’ section, below. Therefore, the
final results for Nan Ya differ from the
Preliminary Results. The final dumping
margins for this review are listed in the
‘‘Final Results of Review’’ section,
below.
DATES: Effective Date: December 9, 2011.
FOR FURTHER INFORMATION CONTACT:
Gene Calvert or Emily Halle, AD/CVD
Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 428–3586 or (202) 482–
0176, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2011, the Department
published in the Federal Register the
Preliminary Results.2 Since the
publication of the Preliminary Results,
the following events have occurred. On
August 15, 2011, the Department issued
a post-preliminary supplemental
questionnaire to Shinkong, and
Shinkong timely filed its questionnaire
response on August 25, 2011.3 The
Department notified interested parties
that they were to file their case briefs
with the Department by September 1,
2011, and rebuttal briefs filed by
September 19, 2011, in accordance with
19 CFR 351.309(d)(1).4 In response to
timely requests from Nan Ya, case brief
deadlines were extended twice by the
Department to October 3, 2011.5 Nan Ya
timely filed a case brief on October 3,
2011.6 On October 11, 2011, DuPont
2 Prior to publication of the Preliminary Results,
Nan Ya informed the Department that it would not
be responding to the Department’s questionnaire
and that it would not be participating in the 09–
10 administrative review. See Memorandum from
Gene H. Calvert to the File, ‘‘Preliminary Results in
the Administrative Review on Polyethylene
Terephthalate Film, Sheet and Strip from Taiwan
(PET film): Nan Ya Plastic Corporation, Ltd. NonParticipation in the Administrative Review for the
Period July 1, 2009, through June 30, 2010’’ (August
1, 2011) (Nan Ya’s Non-Participation
Memorandum).
3 See Letter from Shinkong, ‘‘Polyethylene
Terephthalate Film, Sheet and Strip (PET Film)
from Taiwan: Supplemental Questionnaire
Response,’’ dated August 25, 2011 (Post Preliminary
Supplemental Response).
4 See Letter from Mark Hoadley, Program
Manager, AD/CVD Operations, Office 6, to All
Interested Parties, dated September 1, 2011.
5 See Letter from Mark Hoadley, Program
Manager, AD/CVD Operations, Office 6, to All
Interested Parties, dated September 9, 2011, and
September 23, 2011.
6 See Letter from Nan Ya, ‘‘Polyethylene
Terephthalate (PET) Film from Taiwan,’’ dated
October 4, 2011.
E:\FR\FM\09DEN1.SGM
09DEN1
]]>Agencies
[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Notices]
[Pages 76939-76941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31678]
-----------------------------------------------------------------------
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, U.S.
Department of Commerce.
SUMMARY: On June 8, 2011, 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. The administrative review covers the Borusan Group \1\ and
Toscelik,\2\ producers and exporters of the subject merchandise. The
period of review (``POR'') is May 1, 2009, through April 30, 2010.
---------------------------------------------------------------------------
\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., and Tosyali Dis Ticaret A.S. (collectively,
``Toscelik'').
---------------------------------------------------------------------------
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: December 9, 2011.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or Victoria Cho, at
(202) 482-5973 or (202) 482-5075, 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
On June 8, 2011, 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 from Turkey; Notice of Preliminary
Results of Antidumping Duty Administrative Review, 76 FR 33204 (June 8,
2011) (``Preliminary Results'').
We invited interested parties to comment on our preliminary
results. We received case briefs from Toscelik, Borusan, and U.S. Steel
Corporation (``U.S. Steel''), on July 7, 2011, July 22, 2011, and July
22, 2011, respectively. On August 2, 2011, we received rebuttal briefs
from Borusan, U.S. Steel, and Allied Tube and Conduit Corporation and
TMK IPSCO (collectively, ``Allied Tube and TMK'').\3\ The Department
has conducted this administrative review in accordance with section 751
of the Tariff Act of 1930, as amended (``the Act'').
---------------------------------------------------------------------------
\3\ U.S. Steel and Allied Tube and TMK are petitioners in this
administrative review.
---------------------------------------------------------------------------
Period of Review
The POR covered by this review is May 1, 2009, through April 30,
2010.
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
[[Page 76940]]
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
All 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,
Acting Assistant Secretary for Import Administration, From: Christian
Marsh, 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 for the period of review May 1,
2009, through April 30, 2010, dated December 2, 2011 (``Issues and
Decision Memorandum''), which is hereby adopted by this notice. Parties
can find a complete discussion of all issues raised in this review and
the corresponding recommendation in this public memorandum which is on
file electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). Access to IA ACCESS is available in the Central Records
Unit, room 7046, of the main Commerce building. In addition, a complete
version of the Decision Memorandum can be accessed directly on the Web
at https://ia.ita.doc.gov/frn. The electronic versions of the Decision
Memorandum in IA ACCESS and on the Web are identical in content.
Changes From the Preliminary Results
Based on our analysis of the comments received from interested
parties, we have made the following changes in calculating Borusan's
and Toscelik's dumping margins for the final results: (1) We corrected
the margin program for a clerical error with respect to Borusan's
quarterly costs; (2) we revised Borusan's quarterly costs for exempted
duty; (3) we reclassified certain of Borusan's home market advertising
expenses as indirect expenses; (4) we adjusted Toscelik's reported
quarterly costs for new mill depreciation; (5) we adjusted Toscelik's
financial expense ratio denominator to exclude the effect of the
inventory impairment reversal; and (6) we applied the alternative
quarterly cost calculation methodology for Toscelik for the final
results. See Issues and Decision Memorandum at Comments 1 through 7 for
Borusan and Comments 8 through 11 for Toscelik. For further details on
how the changes were applied in the margin calculation, see Memorandum
to the File, from Victoria Cho and Dennis McClure, International Trade
Analysts, through James Terpstra, Program Manager, entitled ``Final
Results in the 2009/2010 Administrative Review on Welded Pipe and Tube
from Turkey,'' dated December 5, 2011; see also Memorandum to Neal M.
Halper from Laurens Van Houten, ``Regarding the Antidumping Duty
Administrative Review of Certain Welded Carbon Steel Standard Pipe and
Tube from Turkey (``Pipe and Tube''), Cost of Production and
Constructed Value Calculation Adjustments for the Final Results--
Borusan Mannesmann Boru Sanayi ve Ticaret, A.S. and Toscelik Profil ve
Sac Endustrisi A.S. and its affiliated exporter Tosyali Dis Ticaret,
A.S.,'' dated December 5, 2011.
Final Results of Review
As a result of this review, we determine that the following margins
exist for the period May 1, 2009, through April 30, 2010:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
Borusan.................................................... 4.46
Toscelik................................................... 0.95
------------------------------------------------------------------------
Disclosure
We will disclose calculation memorandums used in our analysis to
parties to these proceedings within five days of the date of
publication of this notice.\4\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
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 and Toscelik
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 for 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.
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.\5\ 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 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.
---------------------------------------------------------------------------
\5\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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
[[Page 76941]]
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.\6\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\6\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products From Turkey, 51 FR 17784 (May 15, 1986).
---------------------------------------------------------------------------
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 and/or countervailing 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 and/or countervailing
duties occurred and the subsequent increase in antidumping duties by
the amount of antidumping and/or countervailing duties reimbursed.
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: December 2, 2011.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I--Issues in Decision Memorandum
Borusan
Comment 1: Whether To Use Quarterly Cost for Borusan
Comment 2: The Cost Recovery Test
Comment 3: Duty Exemption Calculation
Comment 4: Inadvertent Assignment of Surrogate Costs
Comment 5: The Department's Treatment of Borusan's Reported ``N'' in
Its VATH Field
Comment 6: Borusan's Home Market Adverting Expenses
Comment 7: Zeroing of Dumping Margins in Administrative Reviews
Toscelik
Comment 8: Application of Quarterly Costs
Comment 9: Financial Expense Ratio Calculation
Comment 10: Short-term Borrowing Rate Used To Calculate Imputed
Credit Expense
Comment 11: Treatment of Warranty and Bank Charges in the Program
[FR Doc. 2011-31678 Filed 12-8-11; 8:45 am]
BILLING CODE 3510-DS-P
