Certain Welded Carbon Steel Standard Pipe and Tube From Turkey: Notice of Final Rescission of Countervailing Duty Administrative Review, In Part, 6542-6543 [2012-2919]
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6542
Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Notices
In the above-cited cases, while the
value-added percentage may have been
as high as 20 percent, the production
processes were relatively minor,
involving finishing operations that did
not alter the chemical structure or basic
physical nature of the imported
material. In contrast, the processing of
vanadium pentoxide into ferrovanadium
requires the complete transformation of
the chemical and physical properties of
the imported material. Therefore, the
valued-added ranges we calculated, as
discussed above, when viewed in
combination with this fundamental
alteration of the imported material, are
not small. After considering these
factors, as well as the level of
investment, research and development,
and extent of production facilities, we
preliminarily conclude that the process
of completing/producing ferrovanadium
from vanadium pentoxide in the United
States is neither minor nor insignificant,
pursuant to section 781(a)(1)(C) of the
Act.
Pursuant to section 781(a)(3), we also
considered the additional factors of
pattern of trade, affiliation, and import
trends after the initiation of the
investigation which resulted in the
antidumping duty order on
ferrovanadium from Russia.
tkelley on DSK3SPTVN1PROD with NOTICES
Pattern of Trade
As discussed above, imports of
ferrovanadium from Russia ceased
within two years of the imposition of
the antidumping duty order in 1995.
Imports of vanadium pentoxide from
Russia increased almost ten-fold from
2005 to 2010. While toll-processing of
vanadium pentoxide has been a
consistent aspect of the U.S.
ferrovanadium industry, the sourcing of
substantial quantities of vanadium
pentoxide from Russia is a recent trend.
In other words, imports of vanadium
pentoxide from Russia did not begin
until 10 years after the order was
imposed. We do not find that these
changes in the pattern of trade, when
viewed in conjunction with the other
statutory factors under section 871(a)(3)
of the Act, support including vanadium
pentoxide in the antidumping order.
Affiliation
Generally, we consider circumvention
to be more likely when the
manufacturer/exporter of the parts or
components is related to the party
completing or assembling merchandise
in the United States using the imported
parts or components. As discussed
above, in this case, the manufacturer of
the Russian vanadium pentoxide (Evraz
Group member OAO Vanady-Tula) and
the party converting the merchandise
VerDate Mar<15>2010
14:54 Feb 07, 2012
Jkt 226001
into ferrovanadium in the United States
(BMC) are not affiliated parties. BMC
toll-processes the Russian vanadium
pentoxide under the terms of its
agreement with the Evraz Group.
Import Volume
Imports of vanadium pentoxide from
Russia did not begin until 10 years after
the order was imposed. We do not find
that this change in imports, when
viewed in conjunction with the other
statutory factors under section 781(a)(3)
of the Act, supports including vanadium
pentoxide in the antidumping order.
Preliminary Negative Determination
Based upon our analysis of all of the
factors under section 781(a) of the Act,
as detailed above, we preliminarily find
that circumvention of the antidumping
duty order on ferrovanadium and
nitrided vanadium from Russia is not
occurring by reason of imports of
vanadium pentoxide from Russia by the
Evraz Group.
Public Comment
Case briefs from interested parties
may be submitted no later than 30 days
from the date of publication of this
notice. A list of authorities used and an
executive summary of issues should
accompany any briefs submitted to the
Department. See 19 CFR 351.309(c).
This summary should be limited to five
pages total, including footnotes.
Rebuttal briefs limited to issues raised
in the case briefs may be filed no later
than 35 days after the date of
publication of this notice. See 19 CFR
351.309(d).
Interested parties, who wish to
request a hearing, or to participate if one
is requested, must submit a written
request to the Assistant Secretary for
Import Administration, filed
electronically using Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, IA ACCESS,
by 5 p.m. Eastern Standard Time within
30 days after the date of publication of
this notice. See 19 CFR 351.310(c).
Requests should contain the party’s
name, address, and telephone number,
the number of participants, and a list of
the issues to be discussed. If a request
for a hearing is made, we will inform
parties of the scheduled date for the
hearing which will be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a time and
location to be determined. See 19 CFR
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
351.310. Parties should confirm by
telephone the date, time, and location of
the hearing. At the hearing, each party
may make an affirmative presentation
only on issues raised in that party’s case
brief and may make rebuttal
presentations only on arguments
included in that party’s rebuttal brief.
We intend to hold a hearing, if
requested, no later than 40 days after the
date of publication of this notice.
The Department intends to publish
the final determination with respect to
this anti-circumvention inquiry,
including the results of its analysis of
any written comments, no later than
August 24, 2012. This deadline date
reflects a 180-day extension of the
original deadline date for the final
determination pursuant to section 781(f)
of the Act. This deadline extension is
necessary due to the complicated nature
of this proceeding and in order to allow
sufficient opportunity for the
submission and analysis of interested
party comments for the final
determination.
This negative preliminary
circumvention determination, extension
of the time limit for the final
determination, and notice are in
accordance with section 781(a) of the
Act and 19 CFR 351.225(g).
Dated: January 31, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2012–2913 Filed 2–7–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–502]
Certain Welded Carbon Steel Standard
Pipe and Tube From Turkey: Notice of
Final Rescission of Countervailing
Duty Administrative Review, In Part
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: February 8, 2012.
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:
AGENCY:
Background
On March 1, 2011, the Department of
Commerce (the Department) published a
E:\FR\FM\08FEN1.SGM
08FEN1
Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
notice of opportunity to request an
administrative review of the
countervailing duty (CVD) order on
certain welded carbon steel pipe and
tube from Turkey for the period of
review (POR) of January 1, 2010,
through December 31, 2010. 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 POR 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 POR, 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 2 of subject merchandise to the
United States produced by ERBOSAN
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). We reviewed the customs
data provided by CBP and found there
were no suspended entries of subject
merchandise produced by ERBOSAN
during 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.3 As
such, we requested that ERBOSAN
submit evidence demonstrating that the
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 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.
3 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
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).
VerDate Mar<15>2010
14:54 Feb 07, 2012
Jkt 226001
company had a Type 3 entry of subject
merchandise to the United States during
the CVD POR. We explained that if
ERBOSAN was unable to provide such
documentation, the Department will
find that there are no suspended entries
of subject merchandise produced by
ERBOSAN 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 it did not have
entry documentation because the
exports of subject merchandise to the
United States during the POR were to an
unrelated importer. See ERBOSAN’s
‘‘Response to Entry Documentation
Request,’’ (November 17, 2011) at 2.
On December 20, 2011, we published
the notice of preliminary rescission of
this CVD duty administrative review
with respect to ERBOSAN, and invited
interested parties to comment on the
preliminary decision. See Certain
Welded Carbon Steel Standard Pipe and
Tube from Turkey: Intent to Rescind
Countervailing Duty Administrative
Review, In Part, 76 FR 78886 (December
20, 2011) (Preliminary Rescission). We
received comments from Wheatland
Tube Company (the petitioner) and
ERBOSAN on January 9, 2012. All
comments raised by the parties are
addressed in the Issues and Decision
Memorandum, which is hereby adopted
by this notice. The Issues and Decision
Memorandum is a public document and
is on file electronically via IA ACCESS,
which is available to the public in the
Department’s Central Record Unit. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the internet at
https://www.trade.gov/ia/. The signed
Issues and Decision Memorandum and
the electronic version of the Issues and
Decision Memorandum are identical in
content.
Partial Rescission of Review
Because there are no suspended
entries of subject merchandise produced
by ERBOSAN for the CVD POR, we
determine to rescind the review for
ERBOSAN. 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, which is
identical to this current administrative
review.
This administrative review will
remain in effect for all other companies
for which the review was initiated,
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
6543
namely 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.
We are issuing and publishing this
decision and 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).
Dated: February 2, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–2919 Filed 2–7–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
[Docket No. 120203097–2097–01]
RIN 0660–XA26
Privacy Act of 1974: Systems of
Records
National Telecommunications
and Information Administration, U.S.
Department of Commerce.
ACTION: Notice.
AGENCY:
The Department of Commerce
publishes this notice to announce the
deletion of a Privacy Act System of
Records entitled, COMMERCE/NTIA–1
‘‘Applications Related to Coupons for
Digital-to-Analog Converter Boxes.’’ The
Digital-to-Analog Converter Box
Program has been terminated and this
system of records will be deleted to
comply with the applicable Disposition
Authority.
DATES: This system of records will be
deleted on February 8, 2012.
FOR FURTHER INFORMATION CONTACT:
Danielle N. Rodier, Attorney-Advisor,
Office of the Chief Counsel, National
Telecommunications and Information
Administration, Room 4713, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION: On
December 23, 2011, the National
Telecommunications and Information
Administration (NTIA), U.S.
Department of Commerce, published a
notice in the Federal Register
requesting comments on the deletion of
a Privacy Act System of Records,
entitled COMMERCE/NTIA–1,
‘‘Applications Related to Coupons for
Digital-to-Analog Converter Boxes.’’ (76
FR 80344; Dec. 23, 2011). NTIA received
no comments in response to this notice.
The National Archives and Records
Administration (NARA) authorized
SUMMARY:
E:\FR\FM\08FEN1.SGM
08FEN1
]]>Agencies
[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Notices]
[Pages 6542-6543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2919]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-502]
Certain Welded Carbon Steel Standard Pipe and Tube From Turkey:
Notice of Final Rescission of Countervailing Duty Administrative
Review, In Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: February 8, 2012.
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
[[Page 6543]]
notice of opportunity to request an administrative review of the
countervailing duty (CVD) order on certain welded carbon steel pipe and
tube from Turkey for the period of review (POR) of January 1, 2010,
through December 31, 2010. 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 POR 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 POR, 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 \2\ of subject
merchandise to the United States produced by ERBOSAN 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). We reviewed the
customs data provided by CBP and found there were no suspended entries
of subject merchandise produced by ERBOSAN during the POR.
---------------------------------------------------------------------------
\2\ 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.
---------------------------------------------------------------------------
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.\3\ As such, we requested that ERBOSAN submit
evidence demonstrating that the company had a Type 3 entry of subject
merchandise to the United States during the CVD POR. We explained that
if ERBOSAN was unable to provide such documentation, the Department
will find that there are no suspended entries of subject merchandise
produced by ERBOSAN 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 it did
not have entry documentation because the exports of subject merchandise
to the United States during the POR were to an unrelated importer. See
ERBOSAN's ``Response to Entry Documentation Request,'' (November 17,
2011) at 2.
---------------------------------------------------------------------------
\3\ 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 20, 2011, we published the notice of preliminary
rescission of this CVD duty administrative review with respect to
ERBOSAN, and invited interested parties to comment on the preliminary
decision. See Certain Welded Carbon Steel Standard Pipe and Tube from
Turkey: Intent to Rescind Countervailing Duty Administrative Review, In
Part, 76 FR 78886 (December 20, 2011) (Preliminary Rescission). We
received comments from Wheatland Tube Company (the petitioner) and
ERBOSAN on January 9, 2012. All comments raised by the parties are
addressed in the Issues and Decision Memorandum, which is hereby
adopted by this notice. The Issues and Decision Memorandum is a public
document and is on file electronically via IA ACCESS, which is
available to the public in the Department's Central Record Unit. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the internet at https://www.trade.gov/ia/. The
signed Issues and Decision Memorandum and the electronic version of the
Issues and Decision Memorandum are identical in content.
Partial Rescission of Review
Because there are no suspended entries of subject merchandise
produced by ERBOSAN for the CVD POR, we determine to rescind the review
for ERBOSAN. 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, which is identical to
this current administrative review.
This administrative review will remain in effect for all other
companies for which the review was initiated, namely 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.
We are issuing and publishing this decision and 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).
Dated: February 2, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2012-2919 Filed 2-7-12; 8:45 am]
BILLING CODE 3510-DS-P
