Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final Results of Countervailing Duty Administrative Review; Calendar Year 2011, 64916-64918 [2013-25816]
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64916
Federal Register / Vol. 78, No. 210 / Wednesday, October 30, 2013 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
emcdonald on DSK67QTVN1PROD with NOTICES
Application(s) for Duty-Free Entry of
Scientific Instruments
Pursuant to Section 6(c) of the
Educational, Scientific and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by Pub. L. 106–
36; 80 Stat. 897; 15 CFR part 301), we
invite comments on the question of
whether instruments of equivalent
scientific value, for the purposes for
which the instruments shown below are
intended to be used, are being
manufactured in the United States.
Comments must comply with 15 CFR
301.5(a)(3) and (4) of the regulations and
be postmarked on or before November
19, 2013. Address written comments to
Statutory Import Programs Staff, Room
3720, U.S. Department of Commerce,
Washington, DC 20230. Applications
may be examined between 8:30 a.m. and
5:00 p.m. at the U.S. Department of
Commerce in Room 3720.
Docket Number: 13–034. Applicant:
University of Minnesota—Twin Cities,
421 Washington Avenue SE.,
Minneapolis, MN 55455. Instrument:
Diode-Pumped Solid-State Femtosecond
Laser. Manufacturer: Light Conversion,
Lithuania. Intended Use: The
instrument will be used to study nonequilibrium materials processes ranging
spatially from the atomic-scale up to
micrometers and temporally from
femtoseconds to seconds, including
thermal transport, energy conversion
(e.g., light to heat), crystallization,
melting, phase transformations, fracture,
and other dynamic events. The unique
characteristics of the instrument
required for the research objectives
include a variable repetition rate from
single-shot to 1 MHz controlled with
TTL input for external triggering or via
computer interface, 0.2 mJ/pulse (<30
kHz), 6 Watts at 1 MHz, collinear output
from a harmonics module of
fundamental (1030 nm), second
harmonic (515 nm), and third harmonic
(343 nm) with additional optics for
operation at low and high repetition
rates. Justification for Duty-Free Entry:
There are no instruments of the same
general category manufactured in the
United States. Application accepted by
Commissioner of Customs: July 30,
2013.
Docket Number: 13–036. Applicant:
UChicago Argonne, 9700 South Cass
Avenue, Lemont, IL 60439. Instrument:
High pressure crystal growth furnace
with Siemens programmable logic
controller. Manufacturer: SCIDRE—
Scientific Instruments, Germany.
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Intended Use: The instrument will be
used to create transition metal oxides,
including oxides of iron, manganese,
copper, cobalt, vanadium, iridium,
ruthenium, rhenium, titanium, nickel,
and zinc. It will also be used to grow
crystals of intermetallic phases, which
are non-oxides of these same transition
metals, alloyed with lanthanide metals
and/or main group metals (e.g., Al, Si,
Bi). These materials will be created to
understand a variety of physical
phenomena including
superconductivity, metal-insulator
transitions, and magnetism. With the
crystals grown on the instrument, a
variety of tests will be performed
including magnetic measurements,
structural determination by x-ray or
neutron scattering, and electrical
transport. The unique characteristics of
this instrument required for the research
objectives include operation at
pressures of oxygen or inert gases up to
150 atm, measurement of image zone
using pyrometric probes, and cleansing
of inert gas stream to better than 10¥12
ppm oxygen with monitoring during
process. Justification for Duty-Free
Entry: There are no instruments of the
same general category manufactured in
the United States. Application accepted
by Commissioner of Customs: August
19, 2013.
Docket Number: 13–037. Applicant:
Georgia Health Sciences University,
1120 15th Street, Augusta, GA 30912.
Instrument: Imaging System/Digital
Microscope & Accessories.
Manufacturer: Till Photonics, Germany.
Intended Use: The instrument will be
used for fluorescence imaging of cellular
organelles and calcium flux, photoactivation and photo-bleaching
fluorescent proteins to study cellular
organelles (mitochondria) and
intracellular ion flux. The unique
characteristics of the instrument include
fast wavelength change, a
dichromotome system, and two different
light sources that are incorporated and
readily switchable, incorporated into a
single unit of a wide field fluorescence
microscope. Justification for Duty-Free
Entry: There are no instruments of the
same general category manufactured in
the United States. Application accepted
by Commissioner of Customs: August
22, 2013.
Dated: October 22, 2013.
Gregory W. Campbell,
Director of Subsidies Enforcement,
Enforcement and Compliance.
[FR Doc. 2013–25599 Filed 10–29–13; 8:45 am]
BILLING CODE 3510–DS–P
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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; Calendar Year 2011
Enforcement and Compliance
(Formerly Import Administration),
International Trade Administration,
Department of Commerce.
SUMMARY: On April 9, 2013, the
Department of Commerce (the
Department) published in the Federal
Register its preliminary results of
administrative review of the
countervailing duty (CVD) order on
circular welded carbon steel pipes and
tubes (steel pipes and tubes) from
Turkey for the January 1, 2011, through
December 31, 2011, 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); (2) Erbosan
Erciyas Boru Sanayi ve Ticaret A.S.
(Erbosan AS) and Erbosan Erciyas Pipe
Industry and Trade Co. Kayseri Free
Zone Branch (Erbosan FZB),
(collectively Erbosan), and (3) Tosyali
dis Ticaret A.S. (Tosyali) and Toscelik
Profil ve Sac Endustrisi A.S. (Toscelik
Profil), (collectively, Toscelik). 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 net
subsidy rates for Borusan and Erbosan,
although revised, continue to be de
minimis. The Department has also
revised the net subsidy rate for Toscelik.
Further discussion of our analysis of the
comments received is provided in the
accompanying Final Decision
Memorandum.2 The final net subsidy
rates for Borusan, Erbosan, and Toscelik
AGENCY:
1 See Circular Welded Carbon Steel Pipes and
Tubes from Turkey: Preliminary Results of
Countervailing Duty Administrative Review;
Calendar Year 2011, 78 FR 21107 (April 9, 2013)
(Preliminary Results).
2 See Decision Memorandum for Final Results of
Countervailing Duty (CVD) Administrative Review:
Circular Welded Carbon Steel Pipes and Tubes from
Turkey from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for
Enforcement and Compliance dated concurrently
with these final results (Final Decision
Memorandum).
E:\FR\FM\30OCN1.SGM
30OCN1
Federal Register / Vol. 78, No. 210 / Wednesday, October 30, 2013 / Notices
are listed below in the ‘‘Final Results of
Review’’ section.
DATES: Effective: October 30, 2013.
FOR FURTHER INFORMATION CONTACT:
Jolanta Lawska at 202–482–8362 (for
Borusan and Erbosan) at 202–482–8362
and John Conniff at 202–482–1009 (for
Toscelik), AD/CVD Operations, Office
III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230.
Background
On March 7, 1986, the Department
published in the Federal Register the
CVD order on steel pipes and tubes from
Turkey.3 On April 9, 2013, the
Department published in the Federal
Register the preliminary results for this
review. In the Preliminary Results, we
invited interested parties to submit case
briefs commenting on the preliminary
results and to request a hearing.4 On
May 9, 2013, we received case briefs
from Borusan and Petitioners.5 On May
14, 2013, we received a rebuttal brief
from Toscelik. We did not hold a
hearing in this review, as none was
requested by interested parties.
emcdonald on DSK67QTVN1PROD with NOTICES
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 Final 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
Final Decision Memorandum, is
attached to this notice as an Appendix.
The Final Decision Memorandum is a
public document and is on file
3 See Countervailing Duty Order: Certain Welded
Carbon Steel Pipe and Tube Products From Turkey,
51 FR 7984 (March 7, 1986).
4 See Preliminary Results.
5 Petitioners in this review are Wheatland Tube
Company (Wheatland), Allied Tube and Conduit
Corporation and TMK IPSCO, and United States
Steel Corporation (collectively, Petitioners).
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16:58 Oct 29, 2013
Jkt 232001
electronically via IA ACCESS. IA
ACCESS is available to registered users
at https://iaaccess.trade.gov and in the
Central Records Unit, room 7046 of the
main Department of Commerce
building. In addition, a complete
version of the Final Decision
Memorandum can be accessed directly
on the Internet at https://
enforcement.ita.doc.gov/frn/.
The signed Final Decision
Memorandum and the electronic
versions of the Final Decision
Memorandum are identical in content.
Final Results of Review
Consistent with the Preliminary
Results, the total net subsidy rate for
Erbosan remained 0.30 percent ad
valorem. In these final results, we have
revised Borusan’s total net subsidy rate
to 0.19 percent ad valorem. Pursuant to
19 CFR 351.106(c), the calculated rates
for Erbosan and Borusan are de minimis.
We have also revised the net subsidy
rate for Toscelik. In these final results,
we have calculated a total net subsidy
rate of 0.83 percent for Toscelik.
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
Erbosan entered, or withdrawn from
warehouse, for consumption on or after
January 1, 2011, through December 31,
2011, without regard to CVDs because a
de minimis subsidy rate was calculated
for each company. We will also instruct
CBP to continue to suspend liquidation
but to collect no cash deposits of
estimated CVDs on shipments of the
subject merchandise by Borusan and
Erbosan, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this review.
For Toscelik, the Department intends
to issue assessment instructions to CBP
15 days after the date of publication of
these final results of review to liquidate
shipments of subject merchandise by
Toscelik entered, or withdrawn from
warehouse, for consumption on or after
January 1, 2011, through December 31,
2011, at the ad valorem assessment rate
listed above. We will also instruct CBP
to collect cash deposits for Toscelik at
the CVD cash deposit rate indicated
above on all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of these
final results of review.
For all non-reviewed companies, we
will instruct CBP to continue to collect
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64917
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: October 23, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
I. Methodology and Background Information
Subsidies Valuation Information
A. Attribution of Subsidies
B. Benchmark Interest Rates
II. Analysis of Programs
I. Programs Determined To Be
Countervailable
A. Deduction from Taxable Income for
Export Revenue
B. Short Term Pre-Shipment Rediscount
Program
C. Law 5084: Withholding of Income Tax
on Wages and Salaries
D. Law 5084: Incentive for Employers’
Share in Insurance Premiums
E. Law 5084: Allocation of Free Land and
Purchase of Land for Less Than
Adequate Remuneration (LTAR)
F. Law 5084: Energy Support
G. Organized Industrial Zone (OIZ):
Exemption From Property Tax
H. Corporate Income Tax Exemption Under
the Free Zones Law
I. Investment Encouragement Program
(IEP): Customs Duty Exemptions
II. Programs Determined To Not Confer
Countervailable Benefits During the POR
A. Inward Processing Certificate
Exemption
B. Provision of Buildings and Land Use
Rights for LTAR Under the Free Zones
Law
E:\FR\FM\30OCN1.SGM
30OCN1
64918
Federal Register / Vol. 78, No. 210 / Wednesday, October 30, 2013 / Notices
III. Programs Found Not Countervailable
During the POR
A. Deductions on Social Security Payments
Program Under Law 5510
B. Deductions on Social Security Payments
Program Under Law 5921
C. Customs Duties and Value-Added Tax
(VAT) Exemptions Under the Free Zones
Law
IV. Programs Determined To Not Be Used
During the POR
A. Stamp Duties and Fees Exemptions
Under the Free Zones Law
B. Other Programs Not Used
• Post-Shipment Export Loans
• Export Credit Bank of Turkey Buyer
Credits
• Subsidized Turkish Lira Credit Facilities
• Subsidized Credit for Proportion of
Fixed Expenditures
• Subsidized Credit in Foreign Currency
• Regional Subsidies
• VAT Support Program (Incentive
Premium on Domestically Obtained
Goods)
• IEP: VAT Exemptions
• IEP: Reductions in Corporate Taxes
• IEP: Interest Support
• IEP: Social Security Premium Support
• IEP: Land Allocation
• National Restructuring Program
• Regional Incentive Scheme: Reduced
Corporate Tax Rates
• Regional Incentive Scheme: Social
Security Premium Contribution for
Employees
• Regional Incentive Scheme: Allocation of
State Land
• Regional Incentive Scheme: Interest
Support
• OIZ: Waste Water Charges
• OIZ: Exemptions From Customs Duties,
VAT, and Payments for Public Housing
Fund, for Investments for Which an
Income Certificate Is Received
• 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’’
• Foreign Trade Companies Short Term
Export Credits
• Pre-Export Credits
• Pre-shipment Export Credits
• OIZ: Exemption From Building and
Construction Charges
• OIZ: Exemption From Amalgamation
and Allotment Transaction Charges
emcdonald on DSK67QTVN1PROD with NOTICES
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
Comment 2: Whether the Department Erred
in Including Certain Eximbank Loans in
the Department’s Preliminary Benefit
Calculations
Erbosan
Comment 3: Whether the Department Should
Find Provision of Buildings and Land Use
Rights for Less than Adequate
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16:58 Oct 29, 2013
Jkt 232001
Remuneration under the Free Zones Law
Program Countervailable
Toscelik
Comment 4: Benchmark Used to Calculate
the Benefit under the Osmaniye Organized
Industrial Zone Program Used by Toscelik
Comment 5: Treatment of Investment
Encouragement Program (IEP)
[FR Doc. 2013–25816 Filed 10–29–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Interagency Ocean Observation
Committee, Meeting of the Data
Management and Communications
Steering Team
National Ocean Service (NOS),
National Oceanic and Atmospheric
Administration (NOAA), U.S.
Department of Commerce (DOC).
ACTION: Notice of open meeting.
AGENCY:
NOAA’s Integrated Ocean
Observing System (IOOS®) Program
publishes this notice on behalf of the
Interagency Ocean Observation
Committee (IOOC) to announce a formal
meeting of the IOOC’s Data Management
and Communications Steering Team
(DMAC–ST). The DMAC–ST
membership is comprised of IOOCapproved federal agency representatives
and non-federal participants
representing academic, non-profit,
private, regional and state sectors who
will discuss issues outlined in the
agenda.
DATES: The meeting is scheduled for
November 19, 2013, between 9 a.m. and
5 p.m. and November 20, 2013, between
9 a.m. and noon, Eastern Standard
Time.
ADDRESSES: The meeting will be
broadcast via a conference telephone
call. Public access is available at the
Consortium for Ocean Leadership, 1201
New York Avenue NW., 4th Floor,
Washington, DC 20005.
FOR FURTHER INFORMATION CONTACT: For
further information about this notice,
please contact the U.S. IOOS Program
(Charles Alexander, 301–427–2429,
Charles.Alexander@noaa.gov) or the
IOOC Support Office (Joshua Young,
202–787–1622, jyoung@
oceanleadership.org).
SUPPLEMENTARY INFORMATION: The IOOC
was established by Congress under the
Integrated Coastal and Ocean
Observation System Act of 2009 and
created under the National Ocean
Research Leadership Council (NORLC).
SUMMARY:
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The DMAC–ST was subsequently
chartered by the IOOC in December
2010 to assist with technical guidance
with respect to the management of
ocean data collected under the U.S.
IOOS®. The IOOC’s Web site (https://
www.iooc.us/) contains more
information about their charter and
responsibilities. A summary of the
DMAC–ST meetings, documentations,
activities and terms of reference can also
be found on-line, at the following
address: https://www.iooc.us/committeenews/dmac.
Authority: 33 U.S.C. 3601–3610.
Dated: October 21, 2013.
Zdenka S. Willis,
Director, Integrated Ocean Observing System
Program.
[FR Doc. 2013–25706 Filed 10–29–13; 8:45 am]
BILLING CODE 3510–JE–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC893
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Rocky Intertidal
Monitoring Surveys Along the Oregon
and California Coasts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments.
AGENCY:
NMFS has received an
application from the Partnership for
Interdisciplinary Study of Coastal
Oceans (PISCO) at the University of
California (UC) Santa Cruz for an
Incidental Harassment Authorization
(IHA) to take marine mammals, by
harassment, incidental to rocky
intertidal monitoring surveys. Pursuant
to the Marine Mammal Protection Act
(MMPA), NMFS is requesting comments
on its proposal to issue an IHA to PISCO
to incidentally take, by Level B
harassment only, marine mammals
during the specified activity.
DATES: Comments and information must
be received no later than November 29,
2013.
ADDRESSES: Comments on the
application should be addressed to
Michael Payne, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910. The
SUMMARY:
E:\FR\FM\30OCN1.SGM
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Agencies
[Federal Register Volume 78, Number 210 (Wednesday, October 30, 2013)]
[Notices]
[Pages 64916-64918]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25816]
-----------------------------------------------------------------------
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; Calendar Year
2011
AGENCY: Enforcement and Compliance (Formerly Import Administration),
International Trade Administration, Department of Commerce.
SUMMARY: On April 9, 2013, the Department of Commerce (the Department)
published in the Federal Register its preliminary results of
administrative review of the countervailing duty (CVD) order on
circular welded carbon steel pipes and tubes (steel pipes and tubes)
from Turkey for the January 1, 2011, through December 31, 2011, 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); (2) Erbosan
Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan AS) and Erbosan Erciyas
Pipe Industry and Trade Co. Kayseri Free Zone Branch (Erbosan FZB),
(collectively Erbosan), and (3) Tosyali dis Ticaret A.S. (Tosyali) and
Toscelik Profil ve Sac Endustrisi A.S. (Toscelik Profil),
(collectively, Toscelik). 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 net subsidy rates for Borusan and Erbosan, although
revised, continue to be de minimis. The Department has also revised the
net subsidy rate for Toscelik. Further discussion of our analysis of
the comments received is provided in the accompanying Final Decision
Memorandum.\2\ The final net subsidy rates for Borusan, Erbosan, and
Toscelik
[[Page 64917]]
are listed below in the ``Final Results of Review'' section.
---------------------------------------------------------------------------
\1\ See Circular Welded Carbon Steel Pipes and Tubes from
Turkey: Preliminary Results of Countervailing Duty Administrative
Review; Calendar Year 2011, 78 FR 21107 (April 9, 2013) (Preliminary
Results).
\2\ See Decision Memorandum for Final Results of Countervailing
Duty (CVD) Administrative Review: Circular Welded Carbon Steel Pipes
and Tubes from Turkey from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance
dated concurrently with these final results (Final Decision
Memorandum).
---------------------------------------------------------------------------
DATES: Effective: October 30, 2013.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska at 202-482-8362 (for
Borusan and Erbosan) at 202-482-8362 and John Conniff at 202-482-1009
(for Toscelik), AD/CVD Operations, Office III, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230.
Background
On March 7, 1986, the Department published in the Federal Register
the CVD order on steel pipes and tubes from Turkey.\3\ On April 9,
2013, the Department published in the Federal Register the preliminary
results for this review. In the Preliminary Results, we invited
interested parties to submit case briefs commenting on the preliminary
results and to request a hearing.\4\ On May 9, 2013, we received case
briefs from Borusan and Petitioners.\5\ On May 14, 2013, we received a
rebuttal brief from Toscelik. We did not hold a hearing in this review,
as none was requested by interested parties.
---------------------------------------------------------------------------
\3\ See Countervailing Duty Order: Certain Welded Carbon Steel
Pipe and Tube Products From Turkey, 51 FR 7984 (March 7, 1986).
\4\ See Preliminary Results.
\5\ Petitioners in this review are Wheatland Tube Company
(Wheatland), 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 Final 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 Final Decision Memorandum, is
attached to this notice as an Appendix. The Final Decision Memorandum
is a public document and is on file electronically via IA ACCESS. IA
ACCESS is available to registered users at https://iaaccess.trade.gov
and in the Central Records Unit, room 7046 of the main Department of
Commerce building. In addition, a complete version of the Final
Decision Memorandum can be accessed directly on the Internet at https://enforcement.ita.doc.gov/frn/. The signed Final Decision
Memorandum and the electronic versions of the Final Decision Memorandum
are identical in content.
Final Results of Review
Consistent with the Preliminary Results, the total net subsidy rate
for Erbosan remained 0.30 percent ad valorem. In these final results,
we have revised Borusan's total net subsidy rate to 0.19 percent ad
valorem. Pursuant to 19 CFR 351.106(c), the calculated rates for
Erbosan and Borusan are de minimis. We have also revised the net
subsidy rate for Toscelik. In these final results, we have calculated a
total net subsidy rate of 0.83 percent for Toscelik.
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 Erbosan entered, or withdrawn from
warehouse, for consumption on or after January 1, 2011, through
December 31, 2011, without regard to CVDs because a de minimis subsidy
rate was calculated for each company. We will also instruct CBP to
continue to suspend liquidation but to collect no cash deposits of
estimated CVDs on shipments of the subject merchandise by Borusan and
Erbosan, entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this review.
For Toscelik, the Department intends to issue assessment
instructions to CBP 15 days after the date of publication of these
final results of review to liquidate shipments of subject merchandise
by Toscelik entered, or withdrawn from warehouse, for consumption on or
after January 1, 2011, through December 31, 2011, at the ad valorem
assessment rate listed above. We will also instruct CBP to collect cash
deposits for Toscelik at the CVD cash deposit rate indicated above on
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of these
final results of 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: October 23, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
I. Methodology and Background Information
Subsidies Valuation Information
A. Attribution of Subsidies
B. Benchmark Interest Rates
II. Analysis of Programs
I. Programs Determined To Be Countervailable
A. Deduction from Taxable Income for Export Revenue
B. Short Term Pre-Shipment Rediscount Program
C. Law 5084: Withholding of Income Tax on Wages and Salaries
D. Law 5084: Incentive for Employers' Share in Insurance
Premiums
E. Law 5084: Allocation of Free Land and Purchase of Land for
Less Than Adequate Remuneration (LTAR)
F. Law 5084: Energy Support
G. Organized Industrial Zone (OIZ): Exemption From Property Tax
H. Corporate Income Tax Exemption Under the Free Zones Law
I. Investment Encouragement Program (IEP): Customs Duty
Exemptions
II. Programs Determined To Not Confer Countervailable Benefits
During the POR
A. Inward Processing Certificate Exemption
B. Provision of Buildings and Land Use Rights for LTAR Under the
Free Zones Law
[[Page 64918]]
III. Programs Found Not Countervailable During the POR
A. Deductions on Social Security Payments Program Under Law 5510
B. Deductions on Social Security Payments Program Under Law 5921
C. Customs Duties and Value-Added Tax (VAT) Exemptions Under the
Free Zones Law
IV. Programs Determined To Not Be Used During the POR
A. Stamp Duties and Fees Exemptions Under the Free Zones Law
B. Other Programs Not Used
Post-Shipment Export Loans
Export Credit Bank of Turkey Buyer Credits
Subsidized Turkish Lira Credit Facilities
Subsidized Credit for Proportion of Fixed Expenditures
Subsidized Credit in Foreign Currency
Regional Subsidies
VAT Support Program (Incentive Premium on Domestically
Obtained Goods)
IEP: VAT Exemptions
IEP: Reductions in Corporate Taxes
IEP: Interest Support
IEP: Social Security Premium Support
IEP: Land Allocation
National Restructuring Program
Regional Incentive Scheme: Reduced Corporate Tax Rates
Regional Incentive Scheme: Social Security Premium
Contribution for Employees
Regional Incentive Scheme: Allocation of State Land
Regional Incentive Scheme: Interest Support
OIZ: Waste Water Charges
OIZ: Exemptions From Customs Duties, VAT, and Payments
for Public Housing Fund, for Investments for Which an Income
Certificate Is Received
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''
Foreign Trade Companies Short Term Export Credits
Pre-Export Credits
Pre-shipment Export Credits
OIZ: Exemption From Building and Construction Charges
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
Comment 2: Whether the Department Erred in Including Certain
Eximbank Loans in the Department's Preliminary Benefit Calculations
Erbosan
Comment 3: Whether the Department Should Find Provision of Buildings
and Land Use Rights for Less than Adequate Remuneration under the
Free Zones Law Program Countervailable
Toscelik
Comment 4: Benchmark Used to Calculate the Benefit under the
Osmaniye Organized Industrial Zone Program Used by Toscelik
Comment 5: Treatment of Investment Encouragement Program (IEP)
[FR Doc. 2013-25816 Filed 10-29-13; 8:45 am]
BILLING CODE 3510-DS-P