Circular Welded Carbon Steel Pipes and Tubes From Turkey; Final Results of Antidumping Duty Administrative Review; 2010 to 2011, 72818-72820 [2012-29529]
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Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Notices
exporter’s rate) will be liquidated at the
NME-wide rate.9
For any individually examined
respondents whose weighted-average
dumping margin is above de minimis,
we will calculate importer-specific ad
valorem duty assessment rates based on
the ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1).10 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.
mstockstill on DSK4VPTVN1PROD with
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For
the PRC-wide entity (including Baoding
Mantong), the cash deposit rate will be
that established in the final results of
this review; (2) for previously
investigated or reviewed PRC and nonPRC exporters not listed above that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
will be that for the PRC-wide entity; and
(4) for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
9 See Assessment Practice Refinement, 76 FR at
65694.
10 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
VerDate Mar<15>2010
16:42 Dec 05, 2012
Jkt 229001
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: November 29, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Partial Rescission of Review
2. Separate Rates
3. Use of Facts Available and Adverse
Facts Available
[FR Doc. 2012–29543 Filed 12–5–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–501]
Circular Welded Carbon Steel Pipes
and Tubes From Turkey; Final Results
of Antidumping Duty Administrative
Review; 2010 to 2011
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: On June 1, 2012, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results of the administrative review of
the antidumping duty order on circular
welded carbon steel pipes and tubes
from Turkey.1 This review covers four
producers and exporters of subject
merchandise: Borusan, Erbosan,
Toscelik, and Yucel.2 The period of
AGENCY:
1 See Circular Welded Carbon Steel Pipes and
Tubes From Turkey: Notice of Preliminary Results
of Antidumping Duty Administrative Review, 77 FR
32508 (June 1, 2012) (‘‘Preliminary Results’’).
2 The Department initiated a review on the
Borusan Group, which includes Borusan
Mannesmann Boru Sanayi ve Ticaret A.S., Borusan
Birlesik Boru Fabrikalari San ve Tic., Borusan
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
review (‘‘POR’’) is May 1, 2010, through
April 30, 2011. 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 weightedaverage dumping margins for the
reviewed firms are listed below in the
section entitled ‘‘Final Results of
Review.’’
DATES: Effective Date: December 6, 2012.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho or Christopher Hargett, at
(202) 482–5075 or (202) 482–4161,
respectively; AD/CVD Operations,
Office 8, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2012, the Department
published the Preliminary Results. In
the Preliminary Results, the Department
did not address the targeted dumping
allegation submitted by the petitioner
on May 9, 2012 and May 14, 2012.3 We
invited interested parties to comment on
the Preliminary Results.4
On October 23, 2012, the Department
issued a post-preliminary analysis.5 At
that time, we invited parties to comment
on the Department’s analysis in
addressing the petitioners’ targeted
dumping allegation in this review.6
On October 27, 2012, we invited
Borusan to submit certain cost data.7
Borusan submitted that data on October
29, 2012.8
Istikbal Ticaret T.A.S., Boruson Gemlik Boru
Tesisleri A.S., Borusan Ihracat Ithalat ve Dagitim
A.S., Borusan Ithicat ve Dagitim A.S., and Tubeco
Pipe and Steel Corporation (collectively,
‘‘Borusan’’); ERBOSAN Erciyas Boru Sanayi ve
Ticaret A.S. (‘‘Erbosan’’); Toscelik Profil ve Sac
Endustrisi A.S., Toscelik Metal Ticaret A.S., Tosyali
Dis Ticaret A.S. (collectively, ‘‘Toscelik’’); the Yucel
Group and all affiliates, Yucel Boru ve Profil
Endustrisi A.S., Yucelboru Ihracat Ithalat ve
Pazarlama A.S., and Cayirova Boru Sanayi ve
Ticaret A.S. (collectively, ‘‘Yucel.’’).
3 See id., 77 FR at 32510.
4 See id., 77 FR at 32512.
5 See the Department’s ‘‘Circular Welded Carbon
Steel Pipes and Tubes from Turkey 2010–2011
Administrative Review: Post-Preliminary Analysis
and Calculation Memorandum,’’ dated October 23,
2012 (‘‘Post-Preliminary Analysis’’).
6 See Post-Preliminary Analysis at 5; see also the
Department’s October 31, 2012, memorandum to
the File setting the case and rebuttal brief due dates.
7 See the Department’s October 27, 2012, section
D supplemental questionnaire to Borusan.
8 See Letter from Borusan to the Department,
dated October 28, 2012, entitled ‘‘Response of
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
to the Supplemental Questionnaire Regarding
Targeted Dumping in the 2010–2011 Antidumping
Administrative Review Involving Certain Welded
Carbon Steel Standard Pipe from Turkey.’’
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06DEN1
Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Notices
On November 5, 2012, U.S. Steel and
Borusan submitted comments on the
Department’s analysis of the petitioners’
targeted dumping allegation in the PostPreliminary Analysis.9 On November 8,
2012, U.S. Steel and Toscelik submitted
rebuttal comments to the Department’s
Post-Preliminary Analysis.10
Period of Review
The POR covered by this review is
May 1, 2010, through April 30, 2011.
Scope of the Order
The products covered by the 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. 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.11
mstockstill on DSK4VPTVN1PROD with
Determination of No Reviewable
Entries
On September 30, 2011, the
Department determined that Erbosan
had no reviewable entries during the
POR.12 On October 17, 2011, the
9 See U.S. Steel’s November 5, 2012, comments to
the Department’s Post-Preliminary Analysis;
Borusan’s November 5, 2012, comments to the
Department’s Post-Preliminary Analysis.
10 See Toscelik’s November 8, 2012, rebuttal
comments to the Department’s Post-Preliminary
Analysis; U.S. Steel November 8, 2012, rebuttal
comments to the Department’s Post-Preliminary
Analysis.
11 For the complete scope of this review, see
Certain Welded Carbon Steel Pipe and Tube From
Turkey: Notice of Final Results of Antidumping
Duty Administrative Review, 76 FR 76939
(December 9, 2011).
12 See Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
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16:42 Dec 05, 2012
Jkt 229001
Department determined that Yucel had
no entries subject to review during the
POR.13 As a result, in the Preliminary
Results, the Department preliminarily
determined that Erbosan and Yucel had
no reviewable entries during the POR.14
No interested party has since submitted
additional record evidence or
commented on this issue. Therefore,
based on the record evidence, we
continue to find that these respondents
had no reviewable entries during the
POR.
Moreover, consistent with our
practice, we intend to issue liquidation
instructions to U.S. Customs and Border
Protection (‘‘CBP’’) concerning entries
for Erbosan and Yucel following the
final results of the review.15 We will
instruct CBP to liquidate any existing
unliquidated entries of merchandise
produced and/or exported by Erbosan
and Yucel at the all-others rate.16
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 I to
this notice and addressed in the Issues
and Decision Memorandum, dated
concurrently with, and hereby adopted
by, this notice.17 The Issues and
Lorentzen, Acting Assistant Secretary for Import
Administration, entitled ‘‘Welded Carbon Steel Pipe
and Tube from Turkey (Period of Review: May 1,
2010, through April 30, 2011): Whether Entries Are
Reviewable for ERBOSAN Erciyas Boru Sanayi ve
Ticaret A.S.,’’ dated September 30, 2011.
13 See Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for Import
Administration, entitled ‘‘Welded Carbon Steel Pipe
and Tube from Turkey (Period of Review: May
1,2010, through April 30, 2011): Whether the Yucel
Group’s Entry Is Properly Classified and Subject to
Review,’’ dated October 17, 2011.
14 See Preliminary Results, 77 FR at 32509.
15 See Stainless Steel Butt-Weld Pipe Fittings
From Italy: Preliminary Results of Antidumping
Duty Administrative Review and Preliminary No
Shipment Determination, 76 FR 79651, 79651–52
(December 22, 2011), unchanged in Stainless Steel
Butt-Weld Pipe Fittings From Italy: Final Results of
Antidumping Duty Administrative Review and
Final No Shipment Determination, 77 FR 24459,
24460 (April 24, 2012); see also Antidumping and
Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
16 See, e.g., Magnesium Metal From the Russian
Federation: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 26922 (May 13,
2010), unchanged in Magnesium Metal From the
Russian Federation: Final Results of Antidumping
Duty Administrative Review, 75 FR 56989
(September 17, 2010).
17 See Issues and Decision Memorandum from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen, Acting Assistant Secretary
for Import Administration, entitled ‘‘Final Results
of the Antidumping Duty Administrative Review:
Circular Welded Carbon Steel Pipes and Tubes from
Turkey—May 1, 2010, through April 30, 2011,’’
dated concurrently with this notice.
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Fmt 4703
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72819
Decision Memorandum is a public
document and is on file in the Central
Records Unit (‘‘CRU’’), Room 7046 of
the main Department of Commerce
Building, as well as electronically via
Import Administration’s Antidumping
and Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaacess.trade.gov and is available to all
parties in the CRU. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
www.trade.gov/ia/frn/. The
signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Changes From the Preliminary Results
and Post-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 have corrected the home
market window period to account for all
of Borusan’s POR sales; (2) we are not
including Borusan’s revenue from the
sale of land and profit from the previous
year and, instead, will exclude such
revenue from the calculation of the
general and administrative (‘‘G&A’’)
expense ratio; (3) we are including
unpaid exempted import duties in the
calculation of Borusan’s cost of
production; and (4) we re-calculated
Toscelik’s U.S. credit expense by using
Toscelik’s own rates from short-term
loans in the United States. See Issues
and Decision Memorandum at
Comments 1 through 4 for Borusan and
Comment 5 for Toscelik. For further
details on how the changes were
applied in the margin calculation, see
Memorandum to the File, from Victoria
Cho and Christopher Hargett,
International Trade Analysts, through
Robert James, Program Manager, entitled
‘‘Final Results in the 2010/2011
Administrative Review on Circular
Welded Carbon Steel Pipes and Tubes
from Turkey,’’ dated November 30,
2012; see also Memorandum from James
J. Balog, through Michael P. Martin, to
Neal M. Halper, entitled ‘‘Cost of
Production and Constructed Value
Calculation Adjustments for the Final
Results—Borusan Mannesmann Boru
Sanayive Ticaret A.S.,’’ dated November
28, 2012.
Final Results of Review
As a result of this review, we
determine that the following weightedaverage dumping margins exist for the
E:\FR\FM\06DEN1.SGM
06DEN1
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Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Notices
period May 1, 2010, through April 30,
2011:
Manufacturer/exporter
Weightedaverage
dumping
margin
(percent)
Borusan ................................
Toscelik .................................
6.05
0.00
mstockstill on DSK4VPTVN1PROD with
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.18
Assessment
Pursuant to section 751(a)(2)(A) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), and 19 CFR 351.212(b), the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of these final results
of review.
For assessment purposes, the
Department applied the assessment rate
calculation method adopted in
Antidumping Proceedings: Calculation
of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14,
2012).
We calculated such rates based on the
ratio of the total amount of dumping
calculated for the examined sales to the
total entered value of the sales for which
entered value was reported. If an
importer-specific assessment rate is zero
or de minimis (i.e., less than 0.50
percent) or exporter has a weightedaverage dumping margin that is zero or
de minimis, the Department will
instruct CBP to assess that importer’s
entries of subject merchandise without
regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003.19 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
19 CFR 351.224(b).
Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of this notice of final results
of the administrative review for all
shipments of subject merchandise
entered or withdrawn from warehouse,
for consumption, on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For the
companies subject to this review, the
cash deposit rate will be the respective
rates established in the final results of
this review, as listed above; (2) for
previously reviewed or investigated
companies not listed above that have
their own rates, the cash deposit rate
will continue to be the companyspecific rate published for the most
recently completed segment of this
proceeding in which that manufacturer
or exporter participated; (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 recently
completed segment of this proceeding
for the manufacturer of the subject
merchandise; and (4) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous
completed segment conducted under
this proceeding by the Department, the
cash deposit rate will be 14.74 percent,
the all-others rate, established in the
LTFV investigation.20 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.
18 See
19 See
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16:42 Dec 05, 2012
Jkt 229001
20 See Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products From
Turkey, 51 FR 17784, 17784 (May 15, 1986).
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Notification to Interested Parties
This notice serves as the only
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 or
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: November 30, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix I—Issues in Issues and
Decision Memorandum
General Issues
Comment 1: Whether To Apply Targeted
Dumping to Borusan and Toscelik
Company Specific Issues
Borusan
Comment 2: Home Market Window Period
Comment 3: G&A Expenses Calculation
Comment 4: Unpaid Exempted Duties as a
Part of the Cost of Production
Toscelik
Comment 5: U.S. Credit Expense
[FR Doc. 2012–29529 Filed 12–5–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–809]
Hot-Rolled Flat-Rolled Carbon-Quality
Steel Products From the Russian
Federation; 2010–2011; Final Results
of Administrative Review and Revision
of Agreement Suspending
Antidumping Duty Investigation
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 1, 2012, the
Department of Commerce (‘‘the
Department’’) published its preliminary
results of administrative review of the
Agreement Suspending the
Antidumping Duty Investigation on
Certain Hot-Rolled Flat-Rolled CarbonQuality Steel Products from the Russian
Federation (‘‘the Agreement’’) for the
period July 1, 2010 through June 30,
2011. See Hot-Rolled Flat-Rolled
AGENCY:
E:\FR\FM\06DEN1.SGM
06DEN1
]]>Agencies
[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Notices]
[Pages 72818-72820]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29529]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Circular Welded Carbon Steel Pipes and Tubes From Turkey; Final
Results of Antidumping Duty Administrative Review; 2010 to 2011
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: On June 1, 2012, the Department of Commerce (``the
Department'') published the preliminary results of the administrative
review of the antidumping duty order on circular welded carbon steel
pipes and tubes from Turkey.\1\ This review covers four producers and
exporters of subject merchandise: Borusan, Erbosan, Toscelik, and
Yucel.\2\ The period of review (``POR'') is May 1, 2010, through April
30, 2011. 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.''
---------------------------------------------------------------------------
\1\ See Circular Welded Carbon Steel Pipes and Tubes From
Turkey: Notice of Preliminary Results of Antidumping Duty
Administrative Review, 77 FR 32508 (June 1, 2012) (``Preliminary
Results'').
\2\ The Department initiated a review on the Borusan Group,
which includes Borusan Mannesmann Boru Sanayi ve Ticaret A.S.,
Borusan Birlesik Boru Fabrikalari San ve Tic., Borusan Istikbal
Ticaret T.A.S., Boruson Gemlik Boru Tesisleri A.S., Borusan Ihracat
Ithalat ve Dagitim A.S., Borusan Ithicat ve Dagitim A.S., and Tubeco
Pipe and Steel Corporation (collectively, ``Borusan''); ERBOSAN
Erciyas Boru Sanayi ve Ticaret A.S. (``Erbosan''); Toscelik Profil
ve Sac Endustrisi A.S., Toscelik Metal Ticaret A.S., Tosyali Dis
Ticaret A.S. (collectively, ``Toscelik''); the Yucel Group and all
affiliates, Yucel Boru ve Profil Endustrisi A.S., Yucelboru Ihracat
Ithalat ve Pazarlama A.S., and Cayirova Boru Sanayi ve Ticaret A.S.
(collectively, ``Yucel.'').
---------------------------------------------------------------------------
DATES: Effective Date: December 6, 2012.
FOR FURTHER INFORMATION CONTACT: Victoria Cho or Christopher Hargett,
at (202) 482-5075 or (202) 482-4161, respectively; AD/CVD Operations,
Office 8, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2012, the Department published the Preliminary Results.
In the Preliminary Results, the Department did not address the targeted
dumping allegation submitted by the petitioner on May 9, 2012 and May
14, 2012.\3\ We invited interested parties to comment on the
Preliminary Results.\4\
---------------------------------------------------------------------------
\3\ See id., 77 FR at 32510.
\4\ See id., 77 FR at 32512.
---------------------------------------------------------------------------
On October 23, 2012, the Department issued a post-preliminary
analysis.\5\ At that time, we invited parties to comment on the
Department's analysis in addressing the petitioners' targeted dumping
allegation in this review.\6\
---------------------------------------------------------------------------
\5\ See the Department's ``Circular Welded Carbon Steel Pipes
and Tubes from Turkey 2010-2011 Administrative Review: Post-
Preliminary Analysis and Calculation Memorandum,'' dated October 23,
2012 (``Post-Preliminary Analysis'').
\6\ See Post-Preliminary Analysis at 5; see also the
Department's October 31, 2012, memorandum to the File setting the
case and rebuttal brief due dates.
---------------------------------------------------------------------------
On October 27, 2012, we invited Borusan to submit certain cost
data.\7\ Borusan submitted that data on October 29, 2012.\8\
---------------------------------------------------------------------------
\7\ See the Department's October 27, 2012, section D
supplemental questionnaire to Borusan.
\8\ See Letter from Borusan to the Department, dated October 28,
2012, entitled ``Response of Borusan Mannesmann Boru Sanayi ve
Ticaret A.S. to the Supplemental Questionnaire Regarding Targeted
Dumping in the 2010-2011 Antidumping Administrative Review Involving
Certain Welded Carbon Steel Standard Pipe from Turkey.''
---------------------------------------------------------------------------
[[Page 72819]]
On November 5, 2012, U.S. Steel and Borusan submitted comments on
the Department's analysis of the petitioners' targeted dumping
allegation in the Post-Preliminary Analysis.\9\ On November 8, 2012,
U.S. Steel and Toscelik submitted rebuttal comments to the Department's
Post-Preliminary Analysis.\10\
---------------------------------------------------------------------------
\9\ See U.S. Steel's November 5, 2012, comments to the
Department's Post-Preliminary Analysis; Borusan's November 5, 2012,
comments to the Department's Post-Preliminary Analysis.
\10\ See Toscelik's November 8, 2012, rebuttal comments to the
Department's Post-Preliminary Analysis; U.S. Steel November 8, 2012,
rebuttal comments to the Department's Post-Preliminary Analysis.
---------------------------------------------------------------------------
Period of Review
The POR covered by this review is May 1, 2010, through April 30,
2011.
Scope of the Order
The products covered by the 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. 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.\11\
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\11\ For the complete scope of this review, see Certain Welded
Carbon Steel Pipe and Tube From Turkey: Notice of Final Results of
Antidumping Duty Administrative Review, 76 FR 76939 (December 9,
2011).
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Determination of No Reviewable Entries
On September 30, 2011, the Department determined that Erbosan had
no reviewable entries during the POR.\12\ On October 17, 2011, the
Department determined that Yucel had no entries subject to review
during the POR.\13\ As a result, in the Preliminary Results, the
Department preliminarily determined that Erbosan and Yucel had no
reviewable entries during the POR.\14\ No interested party has since
submitted additional record evidence or commented on this issue.
Therefore, based on the record evidence, we continue to find that these
respondents had no reviewable entries during the POR.
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\12\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Import
Administration, entitled ``Welded Carbon Steel Pipe and Tube from
Turkey (Period of Review: May 1, 2010, through April 30, 2011):
Whether Entries Are Reviewable for ERBOSAN Erciyas Boru Sanayi ve
Ticaret A.S.,'' dated September 30, 2011.
\13\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Import
Administration, entitled ``Welded Carbon Steel Pipe and Tube from
Turkey (Period of Review: May 1,2010, through April 30, 2011):
Whether the Yucel Group's Entry Is Properly Classified and Subject
to Review,'' dated October 17, 2011.
\14\ See Preliminary Results, 77 FR at 32509.
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Moreover, consistent with our practice, we intend to issue
liquidation instructions to U.S. Customs and Border Protection
(``CBP'') concerning entries for Erbosan and Yucel following the final
results of the review.\15\ We will instruct CBP to liquidate any
existing unliquidated entries of merchandise produced and/or exported
by Erbosan and Yucel at the all-others rate.\16\
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\15\ See Stainless Steel Butt-Weld Pipe Fittings From Italy:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary No Shipment Determination, 76 FR 79651, 79651-52
(December 22, 2011), unchanged in Stainless Steel Butt-Weld Pipe
Fittings From Italy: Final Results of Antidumping Duty
Administrative Review and Final No Shipment Determination, 77 FR
24459, 24460 (April 24, 2012); see also Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
\16\ See, e.g., Magnesium Metal From the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922 (May 13, 2010), unchanged in Magnesium Metal From the Russian
Federation: Final Results of Antidumping Duty Administrative Review,
75 FR 56989 (September 17, 2010).
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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 I
to this notice and addressed in the Issues and Decision Memorandum,
dated concurrently with, and hereby adopted by, this notice.\17\ The
Issues and Decision Memorandum is a public document and is on file in
the Central Records Unit (``CRU''), Room 7046 of the main Department of
Commerce Building, as well as electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). IA ACCESS is available to
registered users at https://iaacess.trade.gov and is available to all
parties in the CRU. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the internet at https://www.trade.gov/ia/frn/. The signed Issues and Decision
Memorandum and the electronic versions of the Issues and Decision
Memorandum are identical in content.
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\17\ See Issues and Decision Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for
Import Administration, entitled ``Final Results of the Antidumping
Duty Administrative Review: Circular Welded Carbon Steel Pipes and
Tubes from Turkey--May 1, 2010, through April 30, 2011,'' dated
concurrently with this notice.
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Changes From the Preliminary Results and Post-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 have
corrected the home market window period to account for all of Borusan's
POR sales; (2) we are not including Borusan's revenue from the sale of
land and profit from the previous year and, instead, will exclude such
revenue from the calculation of the general and administrative
(``G&A'') expense ratio; (3) we are including unpaid exempted import
duties in the calculation of Borusan's cost of production; and (4) we
re-calculated Toscelik's U.S. credit expense by using Toscelik's own
rates from short-term loans in the United States. See Issues and
Decision Memorandum at Comments 1 through 4 for Borusan and Comment 5
for Toscelik. For further details on how the changes were applied in
the margin calculation, see Memorandum to the File, from Victoria Cho
and Christopher Hargett, International Trade Analysts, through Robert
James, Program Manager, entitled ``Final Results in the 2010/2011
Administrative Review on Circular Welded Carbon Steel Pipes and Tubes
from Turkey,'' dated November 30, 2012; see also Memorandum from James
J. Balog, through Michael P. Martin, to Neal M. Halper, entitled ``Cost
of Production and Constructed Value Calculation Adjustments for the
Final Results--Borusan Mannesmann Boru Sanayive Ticaret A.S.,'' dated
November 28, 2012.
Final Results of Review
As a result of this review, we determine that the following
weighted-average dumping margins exist for the
[[Page 72820]]
period May 1, 2010, through April 30, 2011:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Borusan................................................. 6.05
Toscelik................................................ 0.00
------------------------------------------------------------------------
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.\18\
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\18\ See 19 CFR 351.224(b).
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Assessment
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (``the Act''), and 19 CFR 351.212(b), the Department will
determine, and CBP shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. The Department intends to issue assessment instructions to
CBP 15 days after the date of publication of these final results of
review.
For assessment purposes, the Department applied the assessment rate
calculation method adopted in Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and Assessment Rate in Certain
Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14,
2012).
We calculated such rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. If an importer-specific
assessment rate is zero or de minimis (i.e., less than 0.50 percent) or
exporter has a weighted-average dumping margin that is zero or de
minimis, the Department will instruct CBP to assess that importer's
entries of subject merchandise without regard to antidumping duties, in
accordance with 19 CFR 351.106(c)(2).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\19\ 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.
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\19\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this notice of final results of the administrative
review for all shipments of subject merchandise entered or withdrawn
from warehouse, for consumption, on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For the companies
subject to this review, the cash deposit rate will be the respective
rates established in the final results of this review, as listed above;
(2) for previously reviewed or investigated companies not listed above
that have their own rates, the cash deposit rate will continue to be
the company-specific rate published for the most recently completed
segment of this proceeding in which that manufacturer or exporter
participated; (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 recently
completed segment of this proceeding for the manufacturer of the
subject merchandise; and (4) if neither the exporter nor the
manufacturer is a firm covered in this or any previous completed
segment conducted under this proceeding by the Department, the cash
deposit rate will be 14.74 percent, the all-others rate, established in
the LTFV investigation.\20\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\20\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products From Turkey, 51 FR 17784, 17784 (May 15,
1986).
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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 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 or 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: November 30, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I--Issues in Issues and Decision Memorandum
General Issues
Comment 1: Whether To Apply Targeted Dumping to Borusan and Toscelik
Company Specific Issues
Borusan
Comment 2: Home Market Window Period
Comment 3: G&A Expenses Calculation
Comment 4: Unpaid Exempted Duties as a Part of the Cost of
Production
Toscelik
Comment 5: U.S. Credit Expense
[FR Doc. 2012-29529 Filed 12-5-12; 8:45 am]
BILLING CODE 3510-DS-P
