Certain Welded Carbon Steel Standard Pipe and Tube From Turkey: Intent To Rescind Countervailing Duty Administrative Review, in Part, 78886-78887 [2011-32545]

Download as PDF 78886 Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Notices Background On December 1, 2010, the Department initiated and the ITC instituted sunset reviews of the antidumping duty orders on solid urea from Russia and Ukraine,1 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation of Five-Year (‘‘Sunset’’) Review, 75 FR 74685 (December 1, 2010); see also Solid Urea From Russia and Ukraine, 75 FR 74746 (December 1, 2010). As a result of these sunset reviews, the Department determined that revocation of the antidumping duty orders on solid urea from Russia and Ukraine would be likely to lead to continuation or recurrence of dumping and notified the ITC of the magnitude of the margins likely to prevail should the orders be revoked. See Solid Urea From the Russian Federation and Ukraine: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 76 FR 19747 (April 8, 2011). On November 15, 2011, pursuant to section 752(a) of the Act, the ITC determined that revocation of the antidumping duty orders on solid urea from Russia and Ukraine would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Solid Urea From Russia and Ukraine, 76 FR 77015 (December 9, 2011), and ITC Publication 4279 (December 2011) entitled Solid Urea from Russia and Ukraine: Investigation Nos. 731–TA–340–E and 340–H (Third Review). jlentini on DSK4TPTVN1PROD with NOTICES The merchandise subject to the orders is solid urea, a high-nitrogen content fertilizer which is produced by reacting ammonia with carbon dioxide. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) item number 3102.10.00.00. Previously such merchandise was classified under item number 480.3000 of the Tariff Schedules of the United States. Although the HTSUS subheading is 1 On July 14, 1987, the Department published the following antidumping duty order: Antidumping Duty Order; Urea From the Union of Soviet Socialist Republics, 52 FR 26367 (July 14, 1987). In December 1991, the Soviet Union divided into fifteen independent states. On June 29, 1992, the Department transferred the antidumping duty order on solid urea from the Soviet Union to the Commonwealth of Independent States and the Baltic States. See Solid Urea From the Union of Soviet Socialist Republics; Transfer of the Antidumping Duty Order on Solid Urea From the Union of Soviet Socialist Republics to the Commonwealth of Independent States and the Baltic States and Opportunity to Comment, 57 FR 28828 (June 29, 1992). 16:28 Dec 19, 2011 Continuation of the Orders As a result of the determinations by the Department and the ITC that revocation of these antidumping duty orders would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty orders on solid urea from Russia and Ukraine. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of these orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of these orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. These five-year sunset reviews and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. Dated: December 13, 2011. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2011–32540 Filed 12–19–11; 8:45 am] BILLING CODE 3510–DS–P Scopes of the Orders VerDate Mar<15>2010 provided for convenience and customs purposes, the written description of the merchandise subject to the orders is dispositive. Jkt 226001 DEPARTMENT OF COMMERCE International Trade Administration [C–489–502] Certain Welded Carbon Steel Standard Pipe and Tube From Turkey: Intent To Rescind Countervailing Duty Administrative Review, in Part Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: December 20, 2011. AGENCY: FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, Room 4014, 14th Street and Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–4793 SUPPLEMENTARY INFORMATION: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Background On March 1, 2011, the Department of Commerce (the Department) published a notice of opportunity to request an administrative review of the countervailing duty (CVD) order on certain welded carbon steel pipe and tube from Turkey. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 76 FR 11197 (March 1, 2011). On March 30, 2011, we received a letter from Erbosan Erciyas Boru Sanayi ve Ticaret A.S. (ERBOSAN) requesting that the company’s entries for the period of review be reviewed by the Department. On April 27, 2011, the Department published the notice of initiation of the administrative review of this CVD order for the period of review (POR) of January 1, 2010, through December 31, 2010, which included ERBOSAN.1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 76 FR 23545 (April 27, 2011). On October 27, 2011, the Department requested U.S. Customs and Border Protection (CBP) data on Type 3 entries of subject merchandise to the United States produced by EROBSAN during the POR. See Memorandum to the File from Kristen Johnson, Trade Analyst, AD/CVD Operations, Office 3, regarding ‘‘Request for Customs Data in the Countervailing Duty Administrative Review of Certain Welded Carbon Steel Standard Pipe from Turkey,’’ (October 27, 2011). A Type 3 entry is an entry of merchandise imported into the United States which is subject to antidumping or countervailing duties, as the case may be, and for which liquidation is suspended until after the completion of an administrative review in which the assessment rate is calculated. We reviewed the customs data provided by CBP and found that there were no suspended entries of subject merchandise produced by ERBOSAN for the POR. On November 3, 2011, we issued a letter to ERBOSAN explaining that the Department’s practice requires there to be a suspended entry during the POR upon which to assess duties in order to conduct an administrative review.2 As 1 A review of the following companies was also initiated: Borusan Group, Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan Istikbal Ticaret T.A.S., Tosyali dis Ticaret A.S., and Toscelik Profil ve Sac Endustrisi A.S. 2 See, e.g., Certain Hot-Rolled Carbon Steel Flat Products from India: Final Results of Antidumping Duty Administrative Review, 76 FR 42679 (July 19, 2011), and accompanying Issues and Decision Memorandum at Comment 1; see also Certain Cutto-Length Carbon-Quality Steel Plate Products from Italy: Final Results and Partial Rescission of E:\FR\FM\20DEN1.SGM 20DEN1 Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Notices such, we requested that EROBSAN submit evidence demonstrating that the company had a Type 3 entry of subject merchandise to the United States during the CVD POR. We also explained that if ERBOSAN is unable to provide such documentation, the Department will find that there are no suspended entries of subject merchandise produced by EROBSAN against which to assess duties and will rescind the 2010 CVD administrative review with respect to the company. See Letter from the Department to ERBOSAN regarding ‘‘Entry Documentation,’’ (November 3, 2011). On November 17, 2011, ERBOSAN reported that because the exports of subject merchandise to the United States during the POR were to an unrelated importer, the company does not have any entry documentation. See ERBOSAN’s ‘‘Response to Entry Documentation Request,’’ (November 17, 2011) at 2. On December 2, 2011, officials of Import Administration met with ERBOSAN’s counsel to discuss the company’s entries of subject merchandise during the POR. See Memorandum to the File from Kristen Johnson, Trade Analyst, AD/CVD Operations, Office 3, regarding ‘‘Meeting with Counsel for ERBOSAN,’’ (December 5, 2011). Scope of the Order The products covered by this order are certain welded carbon steel pipe and tube with an outside diameter of 0.375 inch or more, but not over 16 inches, of any wall thickness (pipe and tube) from Turkey. These products are currently provided for under the Harmonized Tariff Schedule of the United States (HTSUS) as item numbers 7306.30.10, 7306.30.50, and 7306.90.10. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. jlentini on DSK4TPTVN1PROD with NOTICES Intent To Rescind the 2010 Administrative Review, in Part Because ERBOSAN is unable to provide evidence that the company had a Type 3 entry of subject merchandise to the United States during the POR, we preliminarily determine that we will rescind the review for ERBOSAN.3 In Allegheny Ludlum Corp. v. United States, 346 F.3d 1368 (Fed. Cir. 2003), Antidumping Duty Administrative Review, 71 FR 39299, 39302 (July 12, 2006), and Portable Electric Typewriters from Japan; Final Results of Antidumping Duty Administrative Review, 56 FR 14072, 14073 (April 5, 1991). 3 We also intend to notify CBP about the status of entries of subject merchandise produced/ exported by ERBOSAN. VerDate Mar<15>2010 16:28 Dec 19, 2011 Jkt 226001 the Court of Appeals for the Federal Circuit upheld the Department’s practice of rescinding annual reviews when there are no entries of subject merchandise during the POR. Accordingly, we will continue this administrative review with respect to the Borusan Group, Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan Istikbal Ticaret T.A.S., Tosyali dis Ticaret A.S., and Toscelik Profil ve Sac Endustrisi A.S. Public Comment The Department is setting aside a period for interested parties to raise issues regarding the preliminary determination to rescind the administrative review for ERBOSAN. Interested parties may submit such comments within 20 calendar days of the publication of this notice. Comments must be filed electronically using Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). We are issuing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4) of the Department’s regulations. Dated: December 13, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–32545 Filed 12–19–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–911] Circular Welded Carbon Quality Steel Pipe From the People’s Republic of China: Rescission of Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: December 20, 2011. AGENCY: FOR FURTHER INFORMATION CONTACT: Joshua Morris at (202) 482–1779; AD/ CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. Background On July 1, 2011, the Department of Commerce (‘‘the Department’’) published a notice announcing the opportunity to request an administrative PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 78887 review of the countervailing duty order on circular welded carbon quality steel pipe (‘‘CWP’’) from the People’s Republic of China (‘‘PRC’’) for the period January 1, 2010, through December 31, 2010. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 76 FR 38609 (July 1, 2011). On August 1, 2011, the Wheatland Tube Company (‘‘Wheatland’’), a domestic producer of CWP, timely requested that the Department conduct a review of nineteen producers and/or exporters of the subject merchandise. In accordance with 19 CFR 351.221(c)(1)(i), the Department published a notice initiating this administrative review. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 76 FR 53404 (August 26, 2011). Rescission of Review Pursuant to 19 CFR 351.213(d)(l), the Secretary will rescind an administrative review, in whole or in part, if the party that requested a review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. On November 22, 2011, Wheatland withdrew its request for review of all nineteen exporters and producers within the 90-day period. Therefore, in response to Wheatland’s timely withdrawal, and as no other party requested a review, the Department is rescinding this administrative review. Assessment The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess countervailing duties on all appropriate entries. For the companies for which this review is rescinded, countervailing duties shall be assessed at rates equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice. Notification Regarding Administrative Protective Order This notice serves as a final reminder to parties subject to administrative protective order (‘‘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 the return/ destruction of APO materials or E:\FR\FM\20DEN1.SGM 20DEN1

Agencies

[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Notices]
[Pages 78886-78887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32545]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-502]


Certain Welded Carbon Steel Standard Pipe and Tube From Turkey: 
Intent To Rescind Countervailing Duty Administrative Review, in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: December 20, 2011.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, Room 4014, 14th Street and Constitution 
Avenue NW, Washington, DC 20230, telephone: (202) 482-4793

SUPPLEMENTARY INFORMATION: 

Background

    On March 1, 2011, the Department of Commerce (the Department) 
published a notice of opportunity to request an administrative review 
of the countervailing duty (CVD) order on certain welded carbon steel 
pipe and tube from Turkey. See Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 76 FR 11197 (March 1, 2011). On March 30, 2011, 
we received a letter from Erbosan Erciyas Boru Sanayi ve Ticaret A.S. 
(ERBOSAN) requesting that the company's entries for the period of 
review be reviewed by the Department. On April 27, 2011, the Department 
published the notice of initiation of the administrative review of this 
CVD order for the period of review (POR) of January 1, 2010, through 
December 31, 2010, which included ERBOSAN.\1\ See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews, 76 FR 23545 
(April 27, 2011).
---------------------------------------------------------------------------

    \1\ A review of the following companies was also initiated: 
Borusan Group, Borusan Mannesmann Boru Sanayi ve Ticaret A.S., 
Borusan Istikbal Ticaret T.A.S., Tosyali dis Ticaret A.S., and 
Toscelik Profil ve Sac Endustrisi A.S.
---------------------------------------------------------------------------

    On October 27, 2011, the Department requested U.S. Customs and 
Border Protection (CBP) data on Type 3 entries of subject merchandise 
to the United States produced by EROBSAN during the POR. See Memorandum 
to the File from Kristen Johnson, Trade Analyst, AD/CVD Operations, 
Office 3, regarding ``Request for Customs Data in the Countervailing 
Duty Administrative Review of Certain Welded Carbon Steel Standard Pipe 
from Turkey,'' (October 27, 2011). A Type 3 entry is an entry of 
merchandise imported into the United States which is subject to 
antidumping or countervailing duties, as the case may be, and for which 
liquidation is suspended until after the completion of an 
administrative review in which the assessment rate is calculated. We 
reviewed the customs data provided by CBP and found that there were no 
suspended entries of subject merchandise produced by ERBOSAN for the 
POR.
    On November 3, 2011, we issued a letter to ERBOSAN explaining that 
the Department's practice requires there to be a suspended entry during 
the POR upon which to assess duties in order to conduct an 
administrative review.\2\ As

[[Page 78887]]

such, we requested that EROBSAN submit evidence demonstrating that the 
company had a Type 3 entry of subject merchandise to the United States 
during the CVD POR. We also explained that if ERBOSAN is unable to 
provide such documentation, the Department will find that there are no 
suspended entries of subject merchandise produced by EROBSAN against 
which to assess duties and will rescind the 2010 CVD administrative 
review with respect to the company. See Letter from the Department to 
ERBOSAN regarding ``Entry Documentation,'' (November 3, 2011). On 
November 17, 2011, ERBOSAN reported that because the exports of subject 
merchandise to the United States during the POR were to an unrelated 
importer, the company does not have any entry documentation. See 
ERBOSAN's ``Response to Entry Documentation Request,'' (November 17, 
2011) at 2.
---------------------------------------------------------------------------

    \2\ See, e.g., Certain Hot-Rolled Carbon Steel Flat Products 
from India: Final Results of Antidumping Duty Administrative Review, 
76 FR 42679 (July 19, 2011), and accompanying Issues and Decision 
Memorandum at Comment 1; see also Certain Cut-to-Length Carbon-
Quality Steel Plate Products from Italy: Final Results and Partial 
Rescission of Antidumping Duty Administrative Review, 71 FR 39299, 
39302 (July 12, 2006), and Portable Electric Typewriters from Japan; 
Final Results of Antidumping Duty Administrative Review, 56 FR 
14072, 14073 (April 5, 1991).
---------------------------------------------------------------------------

    On December 2, 2011, officials of Import Administration met with 
ERBOSAN's counsel to discuss the company's entries of subject 
merchandise during the POR. See Memorandum to the File from Kristen 
Johnson, Trade Analyst, AD/CVD Operations, Office 3, regarding 
``Meeting with Counsel for ERBOSAN,'' (December 5, 2011).

Scope of the Order

    The products covered by this order are certain welded carbon steel 
pipe and tube with an outside diameter of 0.375 inch or more, but not 
over 16 inches, of any wall thickness (pipe and tube) from Turkey. 
These products are currently provided for under the Harmonized Tariff 
Schedule of the United States (HTSUS) as item numbers 7306.30.10, 
7306.30.50, and 7306.90.10. Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
merchandise is dispositive.

Intent To Rescind the 2010 Administrative Review, in Part

    Because ERBOSAN is unable to provide evidence that the company had 
a Type 3 entry of subject merchandise to the United States during the 
POR, we preliminarily determine that we will rescind the review for 
ERBOSAN.\3\ In Allegheny Ludlum Corp. v. United States, 346 F.3d 1368 
(Fed. Cir. 2003), the Court of Appeals for the Federal Circuit upheld 
the Department's practice of rescinding annual reviews when there are 
no entries of subject merchandise during the POR. Accordingly, we will 
continue this administrative review with respect to the Borusan Group, 
Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan Istikbal 
Ticaret T.A.S., Tosyali dis Ticaret A.S., and Toscelik Profil ve Sac 
Endustrisi A.S.
---------------------------------------------------------------------------

    \3\ We also intend to notify CBP about the status of entries of 
subject merchandise produced/exported by ERBOSAN.
---------------------------------------------------------------------------

Public Comment

    The Department is setting aside a period for interested parties to 
raise issues regarding the preliminary determination to rescind the 
administrative review for ERBOSAN. Interested parties may submit such 
comments within 20 calendar days of the publication of this notice. 
Comments must be filed electronically using Import Administration's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (IA ACCESS).
    We are issuing this notice in accordance with sections 751(a)(1) 
and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4) of the Department's regulations.

    Dated: December 13, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-32545 Filed 12-19-11; 8:45 am]
BILLING CODE 3510-DS-P