Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final Results of Countervailing Duty Administrative Review, 46713-46715 [2012-19168]

Download as PDF Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES circumstances unique to each specific circumvention inquiry. Further, section 781(a)(3) of the Act directs the Department to consider, in determining whether to include parts or components produced in a foreign country within the scope of an antidumping duty order, such factors as: (A) The pattern of trade, including sourcing patterns; (B) whether the manufacturer or exporter of the parts or components is affiliated with the person who assembles or completes the merchandise sold in the United States from the parts or components produced in the foreign country with respect to which the order applies; and (C) whether imports into the United States of the parts or components produced in such foreign country have increased after the initiation of the investigation which resulted in the issuance of such order or finding. Summary of Analysis of Statutory Provisions We considered all of the comments submitted by the interested parties and find, pursuant to section 781(a) of the Act, 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 that are tollconverted into ferrovanadium by Bear. As we explained in the Preliminary Determination, in order to make an affirmative determination of circumvention, all the criteria under section 781(a)(1) of the Act must be satisfied. In addition, section 781(a)(3) of the Act instructs the Department to consider, in determining whether to include parts or components within the scope of an order, such factors as pattern of trade, affiliation, and import volume. With respect to the four criteria under section 781(a)(1) of the Act, we find that three of the four criteria have been satisfied. Specifically, (A) the merchandise sold in the United States, ferrovanadium, is of the same class or kind as any other merchandise that is the subject of the antidumping duty order on ferrovanadium from Russia; (B) the ferrovanadium sold in the United States is completed in the United States from parts or components (i.e., vanadium pentoxide), produced in Russia; and (D) the value of the Russianproduced vanadium pentoxide used in the production of ferrovanadium in the United States is a significant portion of the total value of the ferrovanadium sold in the United States. However, as discussed in detail in the Preliminary Determination and in the Issues and VerDate Mar<15>2010 17:11 Aug 03, 2012 Jkt 226001 Decision Memorandum for the Final Negative Determination of Circumvention of the Antidumping Duty Order on Ferrovanadium and Nitrided Vanadium from the Russian Federation (dated concurrently with this notice) (Decision Memo), based on our analysis of all the relevant factors under section 781(a)(2) of the Act and the record information, we do not find that the remaining criterion at section 781(a)(1)(C) of the Act, the process of assembly or completion in the United States is minor or insignificant, has been satisfied. Pursuant to section 781(a)(3) of the Act, we also considered the additional factors concerning the pattern of trade, affiliation, and import trends after the initiation of the investigation which resulted in the antidumping duty order on ferrovanadium from Russia. Our analysis of these factors, as discussed in the Preliminary Determination and the Decision Memo, when viewed in conjunction with our analysis of the other statutory criteria under sections 781(a)(1) and (a)(2) of the Act, do not support including vanadium pentoxide in the antidumping duty order. All issues raised by the interested parties to which we have responded are listed in the Appendix to this notice and are addressed in the Decision Memo, which is hereby adopted by this notice. The Decision Memo is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic system (IA ACCESS). Access to IA ACCESS is available in the Central Records Unit (CRU), room 7046 of the main Department of Commerce building. In addition, a complete version of the Decision Memo can be accessed directly on the Internet at http://www.trade.gov/ ia/. The signed Decision Memo and the electronic version of the Decision Memo are identical in content. Conclusion Based on the analysis under section 781(a) of the Act, summarized above and detailed in the Decision Memo, we determine that circumvention of the antidumping duty order on ferrovanadium and nitrided vanadium from Russia is not occurring by reason of Evraz’s imports of vanadium pentoxide from Russia that are tollconverted into ferrovanadium by Bear in the United States. Notice to Parties This notice serves as the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 46713 return or destruction of proprietary information disclosed under APO in accordance with section 351.305 of the Department’s regulations. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This final negative circumvention determination is published in accordance with section 781(a) of the Act and 19 CFR 351.225. Dated: July 30, 2012. Paul Piquado, Assistant Secretary for Import Administration. Appendix Comment 1: The Ferrovanadium Completion Process in the United States Comment 2: The Additional Statutory Factors Comment 3: Exclusion of Vanadium Pentoxide from the Scope of the Order Comment 4: Economic Impact of the Anticircumvention Inquiry [FR Doc. 2012–19165 Filed 8–3–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–502] Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final Results of Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 2, 2012, the Department of Commerce (the Department) published in the Federal Register its preliminary results of administrative review of the countervailing duty (CVD) order on certain welded carbon steel standard pipe from Turkey for the January 1, 2010, through December 31, 2010, period of review (POR).1 The Department preliminarily found that the following producers/exporters of subject merchandise covered by this review had de minimis net subsidy rates for the POR: (1) Borusan Group, Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (BMB), and Borusan Istikbal Ticaret T.A.S. (Istikbal) (collectively, Borusan); and (2) Tosyali dis Ticaret A.S. (Tosyali) and Toscelik Profil ve Sac Endustrisi AGENCY: 1 See Certain Welded Carbon Steel Standard Pipe From Turkey: Preliminary Results of Countervailing Duty Administrative Review, 77 FR 19623 (April 2, 2012) (Preliminary Results). E:\FR\FM\06AUN1.SGM 06AUN1 46714 Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Notices A.S. (Toscelik Profil), (collectively, Toscelik).2 The Department has now completed the administrative review in accordance with section 751(a) of the Tariff of 1930, as amended (the Act). Based on our analysis of comments received, the Department has not revised the net subsidy rate for Borusan and Toscelik. Further discussion of our analysis of the comments received is provided in the accompanying issues and decision memorandum.3 The final net subsidy rate for Borusan and Toscelik is listed below in the ‘‘Final Results of Review’’ section. DATES: Effective Date: August 6, 2012. FOR FURTHER INFORMATION CONTACT: Jolanta Lawska at 202–482–8362 (for Borusan) and Gayle Longest at 202–482– 3338 (for Toscelik), 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: mstockstill on DSK4VPTVN1PROD with NOTICES Background On March 7, 1986, the Department published in the Federal Register the CVD order on certain welded carbon steel pipe and tube products from Turkey.4 On April 2, 2012, the Department published in the Federal Register the preliminary results for this review.5 In the Preliminary Results, we invited interested parties to submit case briefs commenting on the preliminary results or to request a hearing.6 On April 20, 2012, we issued Memorandum to the File from Jolanta Lawska, Trade Analyst, AD/CVD Operations, Office 3, regarding ‘‘Case and Rebuttal Briefs Schedule,’’ (April 20, 2012). On May 18, 2012, we received case briefs from Borusan, Toscelik and Wheatland Tube Company (Wheatland). On May 23, 2012, we received rebuttal briefs from United States Steel Corporation (U.S. 2 The review of Erbosan Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan) was rescinded. See Certain Welded Carbon Steel Standard Pipe and Tube from Turkey: Notice of Rescission of Countervailing Duty Administrative Review, In Part, 77 FR 6542 (February 8, 2012). 3 See Issues and Decision Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, concerning the Final Results of Administrative Review of the Countervailing Duty Order on Certain Welded Carbon Steel Standard Pipe from Turkey (Decision Memorandum). 4 See Countervailing Duty Order: Certain Welded Carbon Steel Pipe and Tube Products From Turkey, 51 FR 7984 (March 7, 1986). 5 See Preliminary Results, 77 FR 19623. 6 Petitioners in this review are Wheatland Tube Company, Allied Tube and Conduit Corporation and TMK IPSCO, and United States Steel Corporation (collectively, Petitioners). VerDate Mar<15>2010 17:11 Aug 03, 2012 Jkt 226001 Steel) and Wheatland. We did not hold a hearing in this review, as one was not requested. Scope of 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. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the Decision Memorandum, dated concurrently with this notice and which is hereby adopted by this notice. A list of the issues which parties have raised, and to which we have responded in the Decision Memorandum, is attached to this notice as an Appendix. The Decision Memorandum is a public document and is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available in the Central Records Unit, main Commerce Building, Room 7046. In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc. gov/frn/. The signed Decision Memorandum and electronic version of the Decision Memorandum are identical in content. Final Results of Review As noted above, the Department received comments concerning the preliminary results. Consistent with the Preliminary Results, we continue to find that Borusan and Toscelik had de minimis net countervailable subsidy rates for the POR. In accordance with section 751(a)(1)(A) of the Act, we calculated a total net countervailable subsidy rate of 0.22 percent ad valorem for Borusan and 0.35 percent for Toscelik. Pursuant to 19 CFR 351.106(c), these calculated rates are de minimis. Assessment Rates/Cash Deposits The Department intends to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these final results, to liquidate shipments of subject merchandise by Borusan and PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 Toscelik entered, or withdrawn from warehouse, for consumption on or after January 1, 2010, through December 31, 2010, without regard to countervailing duties because a de minimis subsidy rate was calculated for each company. We will also instruct CBP not to collect cash deposits of estimated countervailing duties on shipments of the subject merchandise by Borusan and Toscelik entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed companies, we will instruct CBP to continue to collect cash deposits at the most recent company-specific or country-wide rate applicable to the company. Accordingly, the cash deposit rates that will be applied to companies covered by this order, but not examined in this review, are those established in the most recently completed administrative proceeding for each company. The cash deposit rates for all companies not covered by this review are not changed by the results of this review, and remain in effect until further notice. Return or Destruction of Proprietary Information This notice also serves as a 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 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 final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: July 30, 2012. Paul Piquado, Assistant Secretary for Import Administration. Appendix I Methodology and Background Information Subsidies Valuation Information A. Attribution of Subsidies. B. Benchmark Interest Rates. Analysis of Programs I. Programs Determined To Be Countervailable A. Deduction from Taxable Income for Export Revenue. B. Foreign Trade Companies Short-Term Export Credits. C. Pre-Export Credits. D. Pre-Shipment Export Credits. E:\FR\FM\06AUN1.SGM 06AUN1 Federal Register / Vol. 77, No. 151 / Monday, August 6, 2012 / Notices E. Short-Term Pre-Shipment Rediscount Program. F. Law 5084: Withholding of Income Tax on Wages and Salaries. G. Law 5084: Incentive for Employers’ Share in Insurance Premiums. H. Law 5084: Allocation of Free Land. I. Law 5084: Energy Support. J. OIZ: Exemption from Property Tax. mstockstill on DSK4VPTVN1PROD with NOTICES II. Programs Determined To not Confer Countervailable Benefits A. Inward Processing Certificate Exemption. B. Investment Encouragement Program (IEP): Customs Duty Exemptions. III. Programs Determined To not Be Used A. Post-Shipment Export Loans. B. Export Credit Bank of Turkey Buyer Credits. C. Subsidized Turkish Lira Credit Facilities. D. Subsidized Credit for Proportion of Fixed Expenditures. E. Subsidized Credit in Foreign Currency. F. Regional Subsidies. G. VAT Support Program (Incentive Premium on Domestically Obtained Goods). H. IEP: VAT Exemptions. I. IEP: Reductions in Corporate Taxes. J. IEP: Interest Support. K. IEP: Social Security Premium Support. L. IEP: Land Allocation. M. National Restructuring Program. N. Regional Incentive Scheme: Reduced Corporate Tax Rates. O. Regional Incentive Scheme: Social Security Premium Contribution for Employees. P. Regional Incentive Scheme: Allocation of State Land. Q. Regional Incentive Scheme: Interest Support. R. OIZ: Waste Water Charges. S. OIZ: Exemptions From Customs Duties, VAT, and Payments for Public Housing Fund, for Investments for Which an Income Certificate Is Received. T. OIZ: Credits for Research and Development Investments, Environmental Investments, Certain Technology Investments, Certain ‘‘Regional Development’’ Investments, and Investments Moved From Developed Regions to ‘‘Regions of Special Purpose’’. U. Provision of Buildings and Land Use Rights for Less Than Adequate Remuneration Under the Free Zones Law. V. Corporate Income Tax Exemption Under the Free Zones Law. W. Stamp Duties and Fees Exemptions Under the Free Zones Law. X. Customs Duties Exemptions Under the Free Zones Law. Y. Value-Added Tax Exemptions Under the Free Zones Law. Z. OIZ: Exemption From Building and Construction Charges. AA. OIZ: Exemption From Amalgamation and Allotment Transaction Charges. Analysis of Comments Borusan Comment 1: Whether the Department Should Grant an Offset to the Gross Subsidy VerDate Mar<15>2010 17:11 Aug 03, 2012 Jkt 226001 Found on Turkish Eximbank Loans for the Bank Guarantee Fees. Toscelik Comment 2: Whether the Denominator for Benefits at the Osmaniye Plant Should Include Sale of Billets. Comment 3: Whether the GOT’s Energy Subsidies Under Law 5084 Were Properly Attributed to the Subject Merchandise. Comment 4: Whether the Benchmark Price Used to Calculate Toscelik’s Benefit from the Provision of Land for Less Than Adequate Remuneration in the Organized Industrial Zone (OIZ) Should be Revised. Comment 5: Whether the Department Correctly Attributed Subsidies Received by Toscelik in the OIZ to Subject Merchandise and Should Continue To Do So in the Final Results. [FR Doc. 2012–19168 Filed 8–3–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–869] Large Residential Washers From the Republic of Korea: Amendment to the Scope of the Countervailing Duty Investigation Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is amending the scope of the countervailing duty (CVD) investigation of large residential washers (washing machines) from the Republic of Korea (Korea) to exclude top-load washing machines with a vertical rotational axis and a rated capacity of less than 3.70 cubic feet. DATES: Effective Date: July 27, 2012. FOR FURTHER INFORMATION CONTACT: Justin Neuman or Milton Koch, 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) 482–0486 and (202) 482–2584, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On January 19, 2012, the Department initiated the CVD investigation of washing machines from Korea.1 On May 29, 2012, the Department issued its affirmative preliminary determination.2 1 See Large Residential Washers From the Republic of Korea: Initiation of Countervailing Duty Investigation, 77 FR 4279 (January 27, 2012) (Initiation Notice). 2 See Large Residential Washers From the Republic of Korea: Preliminary Affirmative PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 46715 In accordance with the preamble to the Department’s regulations,3 in our Initiation Notice the Department set aside a period of time for parties to raise issues regarding product coverage, and encouraged all parties to submit comments within 20 calendar days of publication of the Initiation Notice. No interested party submitted comments during that period. However, on May 17, 2012, the petitioner, Whirlpool Corporation, requested that the Department exclude automatic washing machines with a vertical rotational axis and a rated capacity of less than 3.70 cubic feet from the scope of this and the concurrent antidumping duty (AD) investigations of washing machines from Mexico and Korea. Subsequently, the Department received comments from respondents Samsung Electronics Co., Ltd. (Samsung) on May 23, 2012, and from LG Electronics, Inc. on May 24, 2012, objecting to the petitioner’s scope exclusion request. On June 21, 2012, the Department contacted U.S. Customs and Border Protection (CBP) seeking its input on whether the petitioner’s proposed scope exclusion request, if granted by the Department, would be enforceable by CBP.4 On July 11, 2012, General Electric Company (GE), a domestic producer and importer of washing machines, filed comments on the record of the AD investigation of washing machines from Korea in support of the petitioner’s scope exclusion request. GE’s comments were placed on the record of this CVD investigation on July 18, 2012. Also on July 18, Staber Industries, Inc., a domestic producer of washing machines, filed comments in support of the petitioner’s scope exclusion request. Based on the comments received from the interested parties and information provided by CBP, the Department is amending the scope of the investigations to exclude top-load washing machines with a vertical rotational axis and a rated capacity of less than 3.70 cubic feet.5 Section Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Determination, 77 FR 33181 (June 5, 2012) (Preliminary Determination). 3 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997). 4 See Memorandum from Brandon Custard to The File, ‘‘Exchange with CBP Regarding Petitioner’s Scope Exclusion Request,’’ dated June 21, 2012. 5 See Large Residential Washers from Mexico: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, and Large Residential Washers from the Republic of Korea: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, signed July 27, 2012 (not yet published), for the scope amendments in the concurrent AD washing machine investigations. E:\FR\FM\06AUN1.SGM 06AUN1

Agencies

[Federal Register Volume 77, Number 151 (Monday, August 6, 2012)]
[Notices]
[Pages 46713-46715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19168]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-502]


Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final 
Results of Countervailing Duty Administrative Review

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

SUMMARY: On April 2, 2012, the Department of Commerce (the Department) 
published in the Federal Register its preliminary results of 
administrative review of the countervailing duty (CVD) order on certain 
welded carbon steel standard pipe from Turkey for the January 1, 2010, 
through December 31, 2010, period of review (POR).\1\ The Department 
preliminarily found that the following producers/exporters of subject 
merchandise covered by this review had de minimis net subsidy rates for 
the POR: (1) Borusan Group, Borusan Mannesmann Boru Sanayi ve Ticaret 
A.S. (BMB), and Borusan Istikbal Ticaret T.A.S. (Istikbal) 
(collectively, Borusan); and (2) Tosyali dis Ticaret A.S. (Tosyali) and 
Toscelik Profil ve Sac Endustrisi

[[Page 46714]]

A.S. (Toscelik Profil), (collectively, Toscelik).\2\ The Department has 
now completed the administrative review in accordance with section 
751(a) of the Tariff of 1930, as amended (the Act). Based on our 
analysis of comments received, the Department has not revised the net 
subsidy rate for Borusan and Toscelik. Further discussion of our 
analysis of the comments received is provided in the accompanying 
issues and decision memorandum.\3\ The final net subsidy rate for 
Borusan and Toscelik is listed below in the ``Final Results of Review'' 
section.
---------------------------------------------------------------------------

    \1\ See Certain Welded Carbon Steel Standard Pipe From Turkey: 
Preliminary Results of Countervailing Duty Administrative Review, 77 
FR 19623 (April 2, 2012) (Preliminary Results).
    \2\ The review of Erbosan Erciyas Boru Sanayi ve Ticaret A.S. 
(Erbosan) was rescinded. See Certain Welded Carbon Steel Standard 
Pipe and Tube from Turkey: Notice of Rescission of Countervailing 
Duty Administrative Review, In Part, 77 FR 6542 (February 8, 2012).
    \3\ See Issues and Decision Memorandum from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Import 
Administration, concerning the Final Results of Administrative 
Review of the Countervailing Duty Order on Certain Welded Carbon 
Steel Standard Pipe from Turkey (Decision Memorandum).

---------------------------------------------------------------------------
DATES: Effective Date: August 6, 2012.

FOR FURTHER INFORMATION CONTACT: Jolanta Lawska at 202-482-8362 (for 
Borusan) and Gayle Longest at 202-482-3338 (for Toscelik), 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 March 7, 1986, the Department published in the Federal Register 
the CVD order on certain welded carbon steel pipe and tube products 
from Turkey.\4\ On April 2, 2012, the Department published in the 
Federal Register the preliminary results for this review.\5\ In the 
Preliminary Results, we invited interested parties to submit case 
briefs commenting on the preliminary results or to request a 
hearing.\6\ On April 20, 2012, we issued Memorandum to the File from 
Jolanta Lawska, Trade Analyst, AD/CVD Operations, Office 3, regarding 
``Case and Rebuttal Briefs Schedule,'' (April 20, 2012). On May 18, 
2012, we received case briefs from Borusan, Toscelik and Wheatland Tube 
Company (Wheatland). On May 23, 2012, we received rebuttal briefs from 
United States Steel Corporation (U.S. Steel) and Wheatland. We did not 
hold a hearing in this review, as one was not requested.
---------------------------------------------------------------------------

    \4\ See Countervailing Duty Order: Certain Welded Carbon Steel 
Pipe and Tube Products From Turkey, 51 FR 7984 (March 7, 1986).
    \5\ See Preliminary Results, 77 FR 19623.
    \6\ Petitioners in this review are Wheatland Tube Company, 
Allied Tube and Conduit Corporation and TMK IPSCO, and United States 
Steel Corporation (collectively, Petitioners).
---------------------------------------------------------------------------

Scope of 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.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Decision Memorandum, 
dated concurrently with this notice and which is hereby adopted by this 
notice. A list of the issues which parties have raised, and to which we 
have responded in the Decision Memorandum, is attached to this notice 
as an Appendix. The Decision Memorandum is a public document and is on 
file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
IA ACCESS is available in the Central Records Unit, main Commerce 
Building, Room 7046. In addition, a complete version of the Decision 
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn/. The signed Decision Memorandum and electronic 
version of the Decision Memorandum are identical in content.

Final Results of Review

    As noted above, the Department received comments concerning the 
preliminary results. Consistent with the Preliminary Results, we 
continue to find that Borusan and Toscelik had de minimis net 
countervailable subsidy rates for the POR. In accordance with section 
751(a)(1)(A) of the Act, we calculated a total net countervailable 
subsidy rate of 0.22 percent ad valorem for Borusan and 0.35 percent 
for Toscelik. Pursuant to 19 CFR 351.106(c), these calculated rates are 
de minimis.

Assessment Rates/Cash Deposits

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (CBP) 15 days after the date of 
publication of these final results, to liquidate shipments of subject 
merchandise by Borusan and Toscelik entered, or withdrawn from 
warehouse, for consumption on or after January 1, 2010, through 
December 31, 2010, without regard to countervailing duties because a de 
minimis subsidy rate was calculated for each company. We will also 
instruct CBP not to collect cash deposits of estimated countervailing 
duties on shipments of the subject merchandise by Borusan and Toscelik 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this review.
    For all non-reviewed companies, we will instruct CBP to continue to 
collect cash deposits at the most recent company-specific or country-
wide rate applicable to the company. Accordingly, the cash deposit 
rates that will be applied to companies covered by this order, but not 
examined in this review, are those established in the most recently 
completed administrative proceeding for each company. The cash deposit 
rates for all companies not covered by this review are not changed by 
the results of this review, and remain in effect until further notice.

Return or Destruction of Proprietary Information

    This notice also serves as a 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 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 final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 30, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

Methodology and Background Information

Subsidies Valuation Information

    A. Attribution of Subsidies.
    B. Benchmark Interest Rates.

Analysis of Programs

I. Programs Determined To Be Countervailable

    A. Deduction from Taxable Income for Export Revenue.
    B. Foreign Trade Companies Short-Term Export Credits.
    C. Pre-Export Credits.
    D. Pre-Shipment Export Credits.

[[Page 46715]]

    E. Short-Term Pre-Shipment Rediscount Program.
    F. Law 5084: Withholding of Income Tax on Wages and Salaries.
    G. Law 5084: Incentive for Employers' Share in Insurance 
Premiums.
    H. Law 5084: Allocation of Free Land.
    I. Law 5084: Energy Support.
    J. OIZ: Exemption from Property Tax.

II. Programs Determined To not Confer Countervailable Benefits

    A. Inward Processing Certificate Exemption.
    B. Investment Encouragement Program (IEP): Customs Duty 
Exemptions.

III. Programs Determined To not Be Used

    A. Post-Shipment Export Loans.
    B. Export Credit Bank of Turkey Buyer Credits.
    C. Subsidized Turkish Lira Credit Facilities.
    D. Subsidized Credit for Proportion of Fixed Expenditures.
    E. Subsidized Credit in Foreign Currency.
    F. Regional Subsidies.
    G. VAT Support Program (Incentive Premium on Domestically 
Obtained Goods).
    H. IEP: VAT Exemptions.
    I. IEP: Reductions in Corporate Taxes.
    J. IEP: Interest Support.
    K. IEP: Social Security Premium Support.
    L. IEP: Land Allocation.
    M. National Restructuring Program.
    N. Regional Incentive Scheme: Reduced Corporate Tax Rates.
    O. Regional Incentive Scheme: Social Security Premium 
Contribution for Employees.
    P. Regional Incentive Scheme: Allocation of State Land.
    Q. Regional Incentive Scheme: Interest Support.
    R. OIZ: Waste Water Charges.
    S. OIZ: Exemptions From Customs Duties, VAT, and Payments for 
Public Housing Fund, for Investments for Which an Income Certificate 
Is Received.
    T. OIZ: Credits for Research and Development Investments, 
Environmental Investments, Certain Technology Investments, Certain 
``Regional Development'' Investments, and Investments Moved From 
Developed Regions to ``Regions of Special Purpose''.
    U. Provision of Buildings and Land Use Rights for Less Than 
Adequate Remuneration Under the Free Zones Law.
    V. Corporate Income Tax Exemption Under the Free Zones Law.
    W. Stamp Duties and Fees Exemptions Under the Free Zones Law.
    X. Customs Duties Exemptions Under the Free Zones Law.
    Y. Value-Added Tax Exemptions Under the Free Zones Law.
    Z. OIZ: Exemption From Building and Construction Charges.
    AA. OIZ: Exemption From Amalgamation and Allotment Transaction 
Charges.

Analysis of Comments

Borusan

    Comment 1: Whether the Department Should Grant an Offset to the 
Gross Subsidy Found on Turkish Eximbank Loans for the Bank Guarantee 
Fees.

Toscelik

    Comment 2: Whether the Denominator for Benefits at the Osmaniye 
Plant Should Include Sale of Billets.
    Comment 3: Whether the GOT's Energy Subsidies Under Law 5084 
Were Properly Attributed to the Subject Merchandise.
    Comment 4: Whether the Benchmark Price Used to Calculate 
Toscelik's Benefit from the Provision of Land for Less Than Adequate 
Remuneration in the Organized Industrial Zone (OIZ) Should be 
Revised.
    Comment 5: Whether the Department Correctly Attributed Subsidies 
Received by Toscelik in the OIZ to Subject Merchandise and Should 
Continue To Do So in the Final Results.

[FR Doc. 2012-19168 Filed 8-3-12; 8:45 am]
BILLING CODE 3510-DS-P