Certain Welded Carbon Steel Pipe and Tube From Turkey: Notice of Final Results of Antidumping Duty Administrative Review, 76939-76941 [2011-31678]

Download as PDF 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. E:\FR\FM\09DEN1.SGM 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 http://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 09DEN1 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]


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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 http://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