Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 34340-34342 [2013-13566]

Download as PDF 34340 Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Notices 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 Secretary’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 351.221(b)(4). Dated: May 31, 2013. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Scope of the Order 2. Fair-Value Comparisons A. Determination of Comparison Method B. Results of the Differential Pricing Analysis 3. Product Comparisons 4. Constructed Export Price 5. Normal Value A. Home Market Viability and Selection of Comparison Market B. Level of Trade C. Calculation of Normal Value Based on Comparison-Market Prices 6. Duty Absorption 7. Currency Conversion 8. Verification [FR Doc. 2013–13553 Filed 6–6–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–501] Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Preliminary Results of Antidumping Duty Administrative Review; 2011– 2012 Import Administration, International Trade Administration, U.S. Department of Commerce. SUMMARY: In response to a request by interested parties,1 the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on welded carbon steel standard pipe and tube mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: 1 Wheatland Tube Company, United States Steel Corporation, and Erbosan Erciyas Boru Sanayi ve Ticaret A.S. VerDate Mar<15>2010 16:38 Jun 06, 2013 Jkt 229001 products (welded pipe and tube) from Turkey.2 The period of review is May 1, 2011, to April 30, 2012. This review covers four respondents: Borusan, Erbosan, Toscelik, and Yucel.3 The Department preliminarily finds that Toscelik and Yucel had no shipments. We preliminarily determine that Borusan 4 made sales below normal value and Erbosan did not. The preliminary results are listed below in the section titled ‘‘Preliminary Results of Review.’’ DATES: As of June 7, 2013. FOR FURTHER INFORMATION CONTACT: Fred Baker, Victoria Cho, or Robert James at (202) 482–2924, (202) 482–5075, or (202) 482–0649, respectively; AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Scope of the Order 5 The merchandise subject to the order is welded pipe and tube. The welded pipe and tube subject to the order is currently classifiable under subheading 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 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS subheading is provided for convenience and customs purposes. A full description of the scope of the order is contained in the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 77 FR 40565 (July 10, 2012). 3 The Department initiated a review on the Borusan Group and all affiliates, which includes Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan Istikbal Ticaret T.A.S., Borusan Holding A.S., and Borusan Lojistik Dagitim Depolama Tasimacilik ve Tic A.S. (collectively, Borusan); ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan); Toscelik Profil ve Sac Endustisi A.S., Toscelik Metal Ticaret A.S., Tosyali Dis Ticaret A.S. (collectively, Toscelik); the Yucel Group and all affiliates, Cayirova Boru Sanayi ve Ticaret A.S., Yucel Boru ve Profil Endustrisi A.S., and Yucelboru Ihracat Ithalat ve Pazarlama A.S. (collectively, Yucel.). 4 We note that of the Borusan entities, only Borusan Mannesman Boru Sanayi ve Ticaret A.S. (BMB) had reviewable sales during this period of review. 5 Beginning in 1996, we note we inadvertently used an incorrect case name and incorrect scope language in many of our notices in this case. The Department is using the original and correct case name and scope in this segment, as reflected in the original 1986 order. See Antidumping Duty Order; Welded Carbon Steel Standard Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986). PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 Secretary for Import Administration, ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Welded Carbon Steel Standard Pipe and Tube Products from Turkey; 2011–2012 Administrative Review’’ (Preliminary Decision Memorandum), which is hereby adopted by this notice. The written description is dispositive. The Preliminary 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). Access to IA ACCESS is available to registered users at https:// iaaccess.trade.gov and is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at https:// www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Methodology The Department has conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price is calculated in accordance with section 772 of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. To determine the appropriate comparison method, the Department applied a ‘‘differential pricing’’ analysis and has preliminarily determined to use the average-to-transaction method in making comparisons of export price and normal value for Borusan and the average-to-average method in making comparisons of export price and normal value for Erbosan. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Determination of No Shipments Toscelik and Yucel, in letters dated August 20, 2012, reported that they made no shipments, entries or sales of subject merchandise during the POR. On September 24, 2012, the Department issued a ‘‘No Shipment Inquiry’’ to U.S. Customs and Border Protection (CBP) to confirm that there were no entries of welded pipe and tube from Turkey exported by Toscelik or Yucel during the POR. In addition, we obtained other documentation from CBP to evaluate the E:\FR\FM\07JNN1.SGM 07JNN1 Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Notices accuracy of Toscelik’s and Yucel’s no shipment claims. Based on the certification of Toscelik and Yucel and our analysis of CBP information, we preliminarily determine that Toscelik and Yucel had no shipments during the POR. However, consistent with our practice, the Department finds that it is not appropriate to rescind the review with respect to Toscelik and Yucel, but rather to complete the review with respect to Toscelik and Yucel and issue appropriate instructions to CBP based on the final results of this review. Preliminary Results of Review As a result of this review, we preliminarily determine that the weighted-average dumping margins for the period May 1, 2011, through April 30, 2012, are as follows: Manufacturer/exporter Weighted-average dumping margin (percent) Borusan ........................ Erbosan ........................ 3.67 0.00 mstockstill on DSK4VPTVN1PROD with NOTICES Disclosure and Public Comment The Department will disclose to interested parties the calculations performed in connection with these preliminary results within five days of the date of publication of this notice.6 Pursuant to 19 CFR 351.309(c), interested parties may submit cases briefs no later than 30 days after the date of publication of this notice.7 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.8 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.9 Case and rebuttal briefs should be filed using IA ACCESS.10 Pursuant to 19 CFR 351.310(c), 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 via IA ACCESS. The Department’s electronic records system, IA ACCESS, must successfully receive an electronically-filed document in its entirety by 5 p.m. Eastern Daylight Time within 30 days after the date of 6 See 19 CFR 351.224(b). 19 CFR 351.309(c)(ii). 8 See 19 CFR 351.309(d). 9 See 19 CFR 351.309(c)(2) and (d)(2). 10 See 19 CFR 351.303. 7 See VerDate Mar<15>2010 16:38 Jun 06, 2013 Jkt 229001 publication of this notice.11 Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. The Department will issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. 34341 final results, we will instruct CBP to liquidate any existing entries of merchandise produced by Toscelik and Yucel, but exported by other parties at the rate for the intermediate reseller, if available, or at the all-others rate.13 Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided Assessment Rates by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Borusan and Upon completion of the Erbosan will be equal to the weightedadministrative review, the Department average dumping margin established in shall determine, and CBP shall assess, the final results of this review, except if antidumping duties on all appropriate the rate is de minimis within the entries in accordance with 19 CFR meaning of 19 CFR 351.106(c)(1), in 351.212(b)(1). We intend to issue which case the cash deposit rate will be instructions to CBP 15 days after the date of publication of the final results of zero; (2) for other manufacturers and exporters covered in a prior segment of this review. If Borusan’s or Erbosan’s weightedthe proceeding, the cash deposit rate average dumping margins are not zero will continue to be the companyor de minimis (i.e., less than 0.5 percent) specific rate published for the most in the final results of this review, we recently completed segment of this will calculate importer-specific proceeding in which that manufacturer assessment rates on the basis of the ratio or exporter participated; (3) if the of the total amount of dumping exporter is not a firm covered in this calculated for the importer’s examined review, a prior review, or the original sales and the total entered value of the less-than-fair-value (LTFV) sales in accordance with 19 CFR investigation, but the manufacturer is, 351.212(b)(1). Where either a the cash deposit rate will be the rate respondent’s weighted-average dumping established for the most recently margin is zero or de minimis, or an completed segment of this proceeding importer-specific assessment rate is zero for the manufacturer of subject or de minimis, we will instruct CBP to merchandise; and (4) the cash deposit liquidate the appropriate entries rate for all other manufacturers or without regard to antidumping duties. exporters will continue to be 14.74 The Department clarified its percent, the all-others rate established ‘‘automatic assessment’’ regulation on in the LTFV investigation.14 These May 6, 2003.12 This clarification will deposit requirements, when imposed, apply to entries of subject merchandise shall remain in effect until further during the POR produced by Borusan notice. and Erbosan for which these companies Notification did not know that the merchandise was This notice also serves as a destined for the United States. In such preliminary reminder to importers of instances, we will instruct CBP to their responsibility under 19 CFR liquidate unreviewed entries at the all351.402(f)(2) to file a certificate others rate if there is no rate for the regarding the reimbursement of intermediate company(ies) involved in antidumping duties prior to liquidation the transaction. Further, instead of of the relevant entries during this rescinding the review with respect to review period. Failure to comply with Toscelik and Yucel, we find it this requirement could result in the appropriate to complete the review and Secretary’s presumption that issue liquidation instructions to CBP reimbursement of antidumping duties concerning entries for Toscelik and Yucel following issuance of the final 13 See, e.g., Magnesium Metal From the Russian results of review. If we continue to find Federation: Preliminary Results of Antidumping that Toscelik and Yucel had no Duty Administrative Review, 75 FR 26922, 26923 shipments of subject merchandise in the (May 13, 2010), unchanged in Magnesium Metal 11 See 19 CFR 351.310(c). 12 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 From the Russian Federation: Final Results of Antidumping Duty Administrative Review, 75 FR 56989 (September 17, 2010). 14 See Antidumping Duty Order; Welded Carbon Steel Standard Pipe and Tube Products From Turkey, 51 FR 17784, 17784 (May 15, 1986). E:\FR\FM\07JNN1.SGM 07JNN1 34342 Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Notices 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. Dated: May 31, 2013. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Preliminary Determination of No Shipments 5. Verification 6. Comparisons to Normal Value 7. Determination of Comparison Method 8. Results of the Differential Pricing Analysis 9. Product Comparisons 10. Export Price 11. Normal Value 12. Cost of Production Analysis 13. Calculation of Normal Value Based on Home Market Prices 14. Recommendation [FR Doc. 2013–13566 Filed 6–6–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–805] Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Final Results and Partial Rescission of the 2010– 2011 Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 11, 2012, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain circular welded non-alloy steel pipe from Mexico.1 This administrative review covers five respondents: PYTCO, S.A. de C.V. (PYTCO); Conduit, S.A. de C.V. (Conduit); Mueller Comercial de Mexico, S. de R.L. de C.V. (Mueller); Lamina y Placa Comercial, S.A. de C.V. (Lamina y Placa); and Tuberia Nacional, S.A. de C.V. (TUNA). The period of review (POR) is November 1, 2010 through October 31, 2011. We determine that PYTCO had one suspended entry but no reviewable sales during the POR, mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: 1 See Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2010–11, 77 FR 73617 (December 11, 2012) (Preliminary Results). VerDate Mar<15>2010 16:38 Jun 06, 2013 Jkt 229001 and that Conduit, Mueller, Lamina y Placa and TUNA had no reviewable sales of subject merchandise during the POR. DATES: As of June 7, 2013. FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6312 and (202) 482–0649, respectively. SUPPLEMENTARY INFORMATION: Background On December 11, 2012, the Department published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on certain circular welded non-alloy steel pipe from Mexico for the period November 1, 2010, to October 31, 2011. See Preliminary Results. In the Preliminary Results, the Department preliminarily rescinded this administrative review with respect to five additional respondents for which reviews had been initiated but subsequently timely withdrawn.2 These rescissions included the other mandatory respondent, Ternium Mexico, S.A. de C.V., which also had been selected for individual examination. In response to the Department’s invitation to comment on the Preliminary Results, domestic interested parties Allied Tube and Conduit and TMK–IPSCO filed a case brief on January 10, 2013. Respondent PYTCO filed a rebuttal brief on January 15, 2013. Scope of the Order The products covered by this order are 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, 2 In accordance with 19 CFR 351.213(d)(1), we preliminarily rescinded the administrative review with respect to the companies named in the Initiation Notice for which no request for administrative review remained on the record of this proceeding, to wit: Galvak, S.A. de C.V. (Galvak); Hylsa, S.A. de C.V. (Hylsa); Industrias Monterrey S.A. de C.V. (IMSA); Southland Pipe Nipples Co., Inc. (Southland); and Ternium Mexico, S.A. de C.V. (Ternium). Ternium was selected as a mandatory respondent prior to petitioners’ withdrawal of the request for review with respect to Ternium. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 76 FR 82268 (December 30, 2011) (Initiation Notice); see also Preliminary Results. PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 threaded, or threaded and coupled).3 The merchandise covered by the order and subject to this review is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at 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 these proceedings is dispositive. Analysis of Comments Received All issues raised in the case brief and the rebuttal brief are addressed in the Issues and Decision Memorandum (Decision Memorandum) from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, dated May 30, 2013, which is hereby adopted by this notice. A list of the issues raised is attached to this notice as Appendix I. 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). Access to IA ACCESS is available to registered users at https:// iaaccess.trade.gov, and to all parties in the Central Records Unit (CRU), room 7046 of the main Department of Commerce building. 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 versions of the Issues and Decision Memorandum are identical in content. Mandatory Respondents As stated in the Preliminary Results, PYTCO submitted a claim that it ‘‘did not have any exports, sales, or entries of subject merchandise to the United States’’ during the POR. While CBP data showed that PYTCO had an antidumping suspended entry during the POR, ample record evidence indicated that this shipment did not involve an actual sale; no other reviewable sales were reflected in the CBP data. No information or argument 3 For the complete scope of this order, see Notice of Antidumping Duty Orders: Certain Circular Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea (Korea), Mexico, and Venezuela and Amendment to Final Determination of Sales at Less Than Fair Value: Certain Welded Non-Alloy Steel Pipe from Korea, 57 FR 49453 (November 2, 1992) (Antidumping Duty Order). E:\FR\FM\07JNN1.SGM 07JNN1

Agencies

[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34340-34342]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13566]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]

Welded Carbon Steel Standard Pipe and Tube Products From Turkey:
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012

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

SUMMARY: In response to a request by interested parties,\1\ the
Department of Commerce (the Department) is conducting an administrative
review of the antidumping duty order on welded carbon steel standard
pipe and tube products (welded pipe and tube) from Turkey.\2\ The
period of review is May 1, 2011, to April 30, 2012. This review covers
four respondents: Borusan, Erbosan, Toscelik, and Yucel.\3\ The
Department preliminarily finds that Toscelik and Yucel had no
shipments. We preliminarily determine that Borusan \4\ made sales below
normal value and Erbosan did not. The preliminary results are listed
below in the section titled ``Preliminary Results of Review.''
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\1\ Wheatland Tube Company, United States Steel Corporation, and
Erbosan Erciyas Boru Sanayi ve Ticaret A.S.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 77 FR
40565 (July 10, 2012).
\3\ The Department initiated a review on the Borusan Group and
all affiliates, which includes Borusan Mannesmann Boru Sanayi ve
Ticaret A.S., Borusan Istikbal Ticaret T.A.S., Borusan Holding A.S.,
and Borusan Lojistik Dagitim Depolama Tasimacilik ve Tic A.S.
(collectively, Borusan); ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S.
(Erbosan); Toscelik Profil ve Sac Endustisi A.S., Toscelik Metal
Ticaret A.S., Tosyali Dis Ticaret A.S. (collectively, Toscelik); the
Yucel Group and all affiliates, Cayirova Boru Sanayi ve Ticaret
A.S., Yucel Boru ve Profil Endustrisi A.S., and Yucelboru Ihracat
Ithalat ve Pazarlama A.S. (collectively, Yucel.).
\4\ We note that of the Borusan entities, only Borusan Mannesman
Boru Sanayi ve Ticaret A.S. (BMB) had reviewable sales during this
period of review.

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DATES: As of June 7, 2013.

FOR FURTHER INFORMATION CONTACT: Fred Baker, Victoria Cho, or Robert
James at (202) 482-2924, (202) 482-5075, or (202) 482-0649,
respectively; AD/CVD Operations, Office 7, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Scope of the Order \5\
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\5\ Beginning in 1996, we note we inadvertently used an
incorrect case name and incorrect scope language in many of our
notices in this case. The Department is using the original and
correct case name and scope in this segment, as reflected in the
original 1986 order. See Antidumping Duty Order; Welded Carbon Steel
Standard Pipe and Tube Products from Turkey, 51 FR 17784 (May 15,
1986).
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The merchandise subject to the order is welded pipe and tube. The
welded pipe and tube subject to the order is currently classifiable
under subheading 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 of the
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS
subheading is provided for convenience and customs purposes. A full
description of the scope of the order is contained in the memorandum
from Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting
Assistant Secretary for Import Administration, ``Decision Memorandum
for Preliminary Results of Antidumping Duty Administrative Review:
Welded Carbon Steel Standard Pipe and Tube Products from Turkey; 2011-
2012 Administrative Review'' (Preliminary Decision Memorandum), which
is hereby adopted by this notice. The written description is
dispositive.
The Preliminary 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).
Access to IA ACCESS is available to registered users at https://iaaccess.trade.gov and is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the Internet at https://www.trade.gov/ia/. The
signed Preliminary Decision Memorandum and the electronic versions of
the Preliminary Decision Memorandum are identical in content.

Methodology

The Department has conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price
is calculated in accordance with section 772 of the Act. Normal value
(NV) is calculated in accordance with section 773 of the Act.
To determine the appropriate comparison method, the Department
applied a ``differential pricing'' analysis and has preliminarily
determined to use the average-to-transaction method in making
comparisons of export price and normal value for Borusan and the
average-to-average method in making comparisons of export price and
normal value for Erbosan.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

Toscelik and Yucel, in letters dated August 20, 2012, reported that
they made no shipments, entries or sales of subject merchandise during
the POR. On September 24, 2012, the Department issued a ``No Shipment
Inquiry'' to U.S. Customs and Border Protection (CBP) to confirm that
there were no entries of welded pipe and tube from Turkey exported by
Toscelik or Yucel during the POR. In addition, we obtained other
documentation from CBP to evaluate the

[[Page 34341]]

accuracy of Toscelik's and Yucel's no shipment claims.
Based on the certification of Toscelik and Yucel and our analysis
of CBP information, we preliminarily determine that Toscelik and Yucel
had no shipments during the POR.
However, consistent with our practice, the Department finds that it
is not appropriate to rescind the review with respect to Toscelik and
Yucel, but rather to complete the review with respect to Toscelik and
Yucel and issue appropriate instructions to CBP based on the final
results of this review.

Preliminary Results of Review

As a result of this review, we preliminarily determine that the
weighted-average dumping margins for the period May 1, 2011, through
April 30, 2012, are as follows:

------------------------------------------------------------------------
Weighted-average
Manufacturer/exporter dumping margin
(percent)
------------------------------------------------------------------------
Borusan............................................. 3.67
Erbosan............................................. 0.00
------------------------------------------------------------------------

Disclosure and Public Comment

The Department will disclose to interested parties the calculations
performed in connection with these preliminary results within five days
of the date of publication of this notice.\6\ Pursuant to 19 CFR
351.309(c), interested parties may submit cases briefs no later than 30
days after the date of publication of this notice.\7\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed not later
than five days after the date for filing case briefs.\8\ Parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\9\ Case and
rebuttal briefs should be filed using IA ACCESS.\10\
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\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(c)(ii).
\8\ See 19 CFR 351.309(d).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), 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 via IA ACCESS. The Department's electronic records
system, IA ACCESS, must successfully receive an electronically-filed
document in its entirety by 5 p.m. Eastern Daylight Time within 30 days
after the date of publication of this notice.\11\ Requests should
contain: (1) The party's name, address, and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case briefs. The Department will issue the final results of
this administrative review, including the results of its analysis of
the issues raised in any written briefs, not later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
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\11\ See 19 CFR 351.310(c).
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Assessment Rates

Upon completion of the administrative review, the Department shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries in accordance with 19 CFR 351.212(b)(1). We intend to issue
instructions to CBP 15 days after the date of publication of the final
results of this review.
If Borusan's or Erbosan's weighted-average dumping margins are not
zero or de minimis (i.e., less than 0.5 percent) in the final results
of this review, we will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of dumping calculated for
the importer's examined sales and the total entered value of the sales
in accordance with 19 CFR 351.212(b)(1). Where either a respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\12\ This clarification will apply to entries of subject
merchandise during the POR produced by Borusan and Erbosan for which
these companies did not know that the merchandise was destined for the
United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction. Further, instead
of rescinding the review with respect to Toscelik and Yucel, we find it
appropriate to complete the review and issue liquidation instructions
to CBP concerning entries for Toscelik and Yucel following issuance of
the final results of review. If we continue to find that Toscelik and
Yucel had no shipments of subject merchandise in the final results, we
will instruct CBP to liquidate any existing entries of merchandise
produced by Toscelik and Yucel, but exported by other parties at the
rate for the intermediate reseller, if available, or at the all-others
rate.\13\
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\12\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
\13\ See, e.g., Magnesium Metal From the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (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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Cash Deposit Requirements

The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Borusan and
Erbosan will be equal to the weighted-average dumping margin
established in the final results of this review, except if the rate is
de minimis within the meaning of 19 CFR 351.106(c)(1), in which case
the cash deposit rate will be zero; (2) for other manufacturers and
exporters covered in a prior segment of the proceeding, 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 original less-
than-fair-value (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 subject
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 14.74 percent, the all-others rate
established in the LTFV investigation.\14\ These deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

\14\ 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

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 Secretary's presumption that
reimbursement of antidumping duties

[[Page 34342]]

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.

Dated: May 31, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Verification
6. Comparisons to Normal Value
7. Determination of Comparison Method
8. Results of the Differential Pricing Analysis
9. Product Comparisons
10. Export Price
11. Normal Value
12. Cost of Production Analysis
13. Calculation of Normal Value Based on Home Market Prices
14. Recommendation

[FR Doc. 2013-13566 Filed 6-6-13; 8:45 am]
BILLING CODE 3510-DS-P

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