Certain Oil Country Tubular Goods From the Republic of Turkey: Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances, in Part, 41971-41973 [2014-16873]
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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Notices
Dated: July 10, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary, for Enforcement
and Compliance.
sroberts on DSK5SPTVN1PROD with NOTICES
Appendix I
Scope of the Investigation
The merchandise covered by the
investigation is certain oil country tubular
goods (OCTG), which are hollow steel
products of circular cross-section, including
oil well casing and tubing, of iron (other than
cast iron) or steel (both carbon and alloy),
whether seamless or welded, regardless of
end finish (e.g., whether or not plain end,
threaded, or threaded and coupled) whether
or not conforming to American Petroleum
Institute (API) or non-API specifications,
whether finished (including limited service
OCTG products) or unfinished (including
green tubes and limited service OCTG
products), whether or not thread protectors
are attached. The scope of the investigation
also covers OCTG coupling stock.
Excluded from the scope of the
investigation are: casing or tubing containing
10.5 percent or more by weight of chromium;
drill pipe; unattached couplings; and
unattached thread protectors.
The merchandise subject to the
investigation is currently classified in the
Harmonized Tariff Schedule of the United
States (HTSUS) under item numbers:
7304.29.10.10, 7304.29.10.20, 7304.29.10.30,
7304.29.10.40, 7304.29.10.50, 7304.29.10.60,
7304.29.10.80, 7304.29.20.10, 7304.29.20.20,
7304.29.20.30, 7304.29.20.40, 7304.29.20.50,
7304.29.20.60, 7304.29.20.80, 7304.29.31.10,
7304.29.31.20, 7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60, 7304.29.31.80,
7304.29.41.10, 7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50, 7304.29.41.60,
7304.29.41.80, 7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60, 7304.29.50.75,
7304.29.61.15, 7304.29.61.30, 7304.29.61.45,
7304.29.61.60, 7304.29.61.75, 7305.20.20.00,
7305.20.40.00, 7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90, 7306.29.20.00,
7306.29.31.00, 7306.29.41.00, 7306.29.60.10,
7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The merchandise subject to the
investigation may also enter under the
following HTSUS item numbers:
7304.39.00.24, 7304.39.00.28, 7304.39.00.32,
7304.39.00.36, 7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52, 7304.39.00.56,
7304.39.00.62, 7304.39.00.68, 7304.39.00.72,
7304.39.00.76, 7304.39.00.80, 7304.59.60.00,
7304.59.80.15, 7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35, 7304.59.80.40,
7304.59.80.45, 7304.59.80.50, 7304.59.80.55,
7304.59.80.60, 7304.59.80.65, 7304.59.80.70,
7304.59.80.80, 7305.31.40.00, 7305.31.60.90,
7306.30.50.55, 7306.30.50.90, 7306.50.50.50,
and 7306.50.50.70.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
VerDate Mar<15>2010
23:20 Jul 17, 2014
Jkt 232001
II. Background
III. Critical Circumstances
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
1. Re-Export Sales
2. Reject Merchandise
3. Interpipe’s U.S. and Home Market
Packing Costs
4. Differences Between Theoretical and
Actual Weights
5. Payment Information Provided at
Verification as Minor Correction
6. Major Input Adjustment
7. Revalued Depreciation
8. Impairment Losses
9. Cost Verification Findings
VII. Recommendation
[FR Doc. 2014–16875 Filed 7–17–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–816]
Certain Oil Country Tubular Goods
From the Republic of Turkey: Final
Determination of Sales at Less Than
Fair Value and Affirmative Final
Determination of Critical
Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
imports of certain oil country tubular
goods (OCTG) from the Republic of
Turkey are being, or likely to be, sold in
the United States at less than fair value
(LTFV), as provided in section 735 of
the Tariff Act of 1930, as amended (the
Act). The final weighted-average
dumping margins of sales at LTFV are
listed in the ‘‘Final Determination’’
section of this notice.
DATES: Effective Date: July 18, 2014.
FOR FURTHER INFORMATION CONTACT:
Catherine Cartsos, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–1757.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 25, 2014, the Department
published the Preliminary
Determination in the Federal Register.1
1 See Certain Oil Country Tubular Goods From
the Republic of Turkey: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Negative Preliminary Determination of Critical
Circumstances, and Postponement of Final
Determination, 79 FR 10484 (February 25, 2014)
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
41971
In the Preliminary Determination, we
postponed the final determination until
no later than 135 days after the
publication of the Preliminary
Determination in accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii) and (e) and invited
parties to comment on our Preliminary
Determination. We received case and
rebuttal briefs from Maverick (one of the
petitioners),2 Cayirova Boru Sanayi ve
¸
¨
Ticaret A.S. and Yucel Boru Ithalat¸
Ihracat ve Pazarlama A.S. (collectively
¸
¨
Yucel), and a rebuttal brief from
Borusan Mannesmann Boru Sanayi ve
Ticaret and Borusan Istikbal Ticaret
(collectively Borusan) in May and June
2014. On June 13, 2014, we conducted
a hearing in this investigation.
Period of Investigation
The period of investigation is July 1,
2012, through June 30, 2013.
Scope of the Investigation
The merchandise covered by the
investigation is certain oil country
tubular goods (OCTG), which are hollow
steel products of circular cross-section,
including oil well casing and tubing, of
iron (other than cast iron) or steel (both
carbon and alloy), whether seamless or
welded, regardless of end finish (e.g.,
whether or not plain end, threaded, or
threaded and coupled) whether or not
conforming to American Petroleum
Institute (API) or non-API
specifications, whether finished
(including limited service OCTG
products) or unfinished (including
green tubes and limited service OCTG
products), whether or not thread
protectors are attached. The scope of the
investigation also covers OCTG
coupling stock.
Excluded from the scope of the
investigation are: Casing or tubing
containing 10.5 percent or more by
weight of chromium; drill pipe;
unattached couplings; and unattached
thread protectors. The merchandise
subject to the investigations is currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under item numbers: 7304.29.10.10,
7304.29.10.20, 7304.29.10.30,
7304.29.10.40, 7304.29.10.50,
7304.29.10.60, 7304.29.10.80,
7304.29.20.10, 7304.29.20.20,
7304.29.20.30, 7304.29.20.40,
7304.29.20.50, 7304.29.20.60,
(Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
2 Boomerang Tube, Energex Tube, a division of
JMC Steel Group, Maverick Tube Corporation
(Maverick), Northwest Pipe Company, Tejas
Tubular Products, TMK IPSCO, United States Steel
Corporation, Vallourec Star, L.P., and Welded Tube
USA Inc. (collectively, the petitioners).
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41972
Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Notices
7304.29.20.80, 7304.29.31.10,
7304.29.31.20, 7304.29.31.30,
7304.29.31.40, 7304.29.31.50,
7304.29.31.60, 7304.29.31.80,
7304.29.41.10, 7304.29.41.20,
7304.29.41.30, 7304.29.41.40,
7304.29.41.50, 7304.29.41.60,
7304.29.41.80, 7304.29.50.15,
7304.29.50.30, 7304.29.50.45,
7304.29.50.60, 7304.29.50.75,
7304.29.61.15, 7304.29.61.30,
7304.29.61.45, 7304.29.61.60,
7304.29.61.75, 7305.20.20.00,
7305.20.40.00, 7305.20.60.00,
7305.20.80.00, 7306.29.10.30,
7306.29.10.90, 7306.29.20.00,
7306.29.31.00, 7306.29.41.00,
7306.29.60.10, 7306.29.60.50,
7306.29.81.10, and 7306.29.81.50.
The merchandise subject to the
investigation may also enter under the
following HTSUS item numbers:
7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36,
7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52,
7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72,
7304.39.00.76, 7304.39.00.80,
7304.59.60.00, 7304.59.80.15,
7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35,
7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55,
7304.59.80.60, 7304.59.80.65,
7304.59.80.70, 7304.59.80.80,
7305.31.40.00, 7305.31.60.90,
7306.30.50.55, 7306.30.50.90,
7306.50.50.50, and 7306.50.50.70.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description
of the scope of the investigation is
dispositive.
Analysis of the Comments Received
sroberts on DSK5SPTVN1PROD with NOTICES
All issues raised in the case briefs by
parties to this investigation are
addressed in the Issues and Decision
Memorandum.3 A list of the issues
which parties have raised and to which
we have responded is in the Issues and
Decision Memorandum and attached to
this notice as an Appendix. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS). IA ACCESS is available to
3 See the memorandum from Deputy Assistant
Secretary Christian Marsh to Acting Assistant
Secretary Ronald K. Lorentzen entitled ‘‘Issues and
Decision Memorandum for the Final Affirmative
Determination in the Less than Fair Value
Investigation of Certain Oil Country Tubular Goods
from the Republic of Turkey’’ dated concurrently
with this notice and hereby adopted by this notice
(Issues and Decision Memorandum).
VerDate Mar<15>2010
23:20 Jul 17, 2014
Jkt 232001
registered users at https://
iaaccess.trade.gov and it is available 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://enforcement.trade.gov/frn/. The
signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, pre-verification
corrections, and our findings at
verifications, we have made certain
changes to the margin calculations for
¨
Borusan and Yucel.4
Verification
As provided in section 782(i) of the
Act, we conducted sales and cost
verifications of the questionnaire
responses submitted by Borusan and
¨
Yucel. We used standard verification
procedures, including examination of
relevant accounting and production
records, as well as original source
documents provided by both
companies.5
4 For a discussion of these changes, see
Memorandum to Neal Halper entitled ‘‘Cost of
Production and Constructed Value Calculation
Adjustments for the Final Determination—Borusan’’
dated concurrently with this notice and
Memorandum to the File entitled ‘‘Final
Determination of Sales at Less Than Fair Value in
the Antidumping Duty Investigation of Certain Oil
Country Tubular Goods from the Republic of
Turkey—Analysis Memorandum for Borusan’’
dated concurrently with this notice. See also
Memorandum to Neal Halper entitled ‘‘Constructed
Value Calculation Adjustments for the Final
Determination—Cayirova Boru Sanayi ve Ticaret
A.S.’’ dated concurrently with this notice and
Memorandum to the File entitled ‘‘Final
Determination of Sales at Less Than Fair Value in
the Antidumping Duty Investigation of Certain Oil
Country Tubular Goods from the Republic of
¨
Turkey—Analysis Memorandum for Yucel.’’
5 See Memoranda to the File entitled
‘‘Verification of the Sales Response of Borusan
Mannesmann Boru Sanayi ve Ticaret A.S. and its
affiliates in the Less-Than-Fair-Value Investigation
of Certain Oil Country Tubular Goods from the
Republic of Turkey’’ dated May 14, 2014,
‘‘Verification of the Sales and Further
Manufacturing Responses of Borusan Mannesmann
Boru Sanayi ve Ticaret A.S. and its affiliates in the
Less-Than-Fair-Value Investigation of Certain Oil
Country Tubular Goods from the Republic of
Turkey’’ dated May 16, 2014, and ‘‘Verification of
the Cost Response of Borusan Mannesmann Boru
Sanayi ve Ticaret A.S. Antidumping Duty
Investigation of Certain Oil Country Tubular Goods
from the Republic of Turkey’’ dated May 14, 2014.
See also Memoranda to the File entitled
‘‘Verification of the Sales Response of Cayirova
¸
¨
Boru Sanayi ve Ticaret A.S. and Yucel Boru Ithalat¸
Ihracat ve Pazarlama A.S., Ltd., in the Less-Than¸
Fair-Value Investigation of Certain Oil Country
Tubular Goods from the Republic of Turkey’’ dated
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
Affirmative Determination of Critical
Circumstances, in Part
On December 18, 2013, the petitioners
filed a timely critical circumstances
allegation, pursuant to section 733(e)(1)
of the Act and 19 CFR 351.206(c)(1),
alleging that critical circumstances exist
with respect to imports of the
merchandise under consideration.
Based on our analysis, pursuant to
735(a)(3), we find that critical
circumstances exist for all other
producers and exporters, but not for
¨
Borusan or for Yucel.
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Continuation of Suspension of
Liquidation
As noted above, for this final
determination, the Department found
that critical circumstances exist with
respect to the all other producers or
exporters. Therefore, in accordance with
section 735(c)(4)(B) of the Act, the
Department will instruct U.S. Customs
and Border Protection (CBP) to suspend
liquidation of all entries of OCTG from
Turkey from all other producers or
exporters which were entered, or
withdrawn from warehouse, for
consumption on or after November 27,
2013, which is 90 days prior to the date
of publication of the Preliminary
Determination in the Federal Register,
and require a cash deposit for such
entries as noted below. With respect to
¨
Yucel, pursuant to section 735(c)(1)(B)
of the Act, the Department will instruct
CBP to continue to suspend liquidation
of all entries of OCTG from Turkey from
¨
Yucel which were entered, or
withdrawn from warehouse, for
consumption on or after February 25,
2014, the date of publication of the
Preliminary Determination. Because the
Department reached a negative final
determination with respect to Borusan,
we will continue to instruct CBP to not
suspend liquidation of entries or collect
a cash deposit for this company.
In the final determination of the
companion countervailing duty
investigation on OCTG from Turkey, the
Department determined that the all
other companies benefitted from export
subsidies.6 Pursuant to sections
May 31, 2014, and ‘‘Verification of the Cost
Response of Cayirova Boru Sanayi ve Ticaret A.S.
¸
¸
Less-Than-Fair-Value Investigation of Certain Oil
Country Tubular Goods from the Republic of
Turkey’’ dated May 14, 2014.
6 See Certain Oil Country Tubular Goods from the
Republic of Turkey: Final Affirmative
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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Notices
735(c)(1) and 772(c)(1)(C) of the Act and
19 CFR 351.210(d), the Department will
instruct CBP to require cash deposits
equal to the weighted-average dumping
margins indicated below, adjusted
where appropriate for export subsidies.
We will instruct CBP to require a cash
deposit equal to the weighted-average
amount by which normal value exceeds
U.S. price, as follows: (1) The rate for
¨
Yucel will be the rate we determined in
this final determination; (2) if the
exporter is not a firm identified in this
investigation but the producer is, the
rate will be the rate established for the
producer of the subject merchandise; (3)
the rate for all other producers or
exporters will be 35.86 percent, as
discussed in the ‘‘All Others Rate’’
section, below. These suspension of
liquidation and cash deposit
instructions will remain in effect until
further notice.
Final Determination
The Department determines that the
following dumping margins exist for the
period July 1, 2012, through June 30,
2013:
Exporter/manufacturer
Borusan Mannesmann Boru
Sanayi ve Ticaret and
Borusan Istikbal Ticaret (collectively Borusan) ..................
Cayirova Boru Sanayi ve
¸
¨
Ticaret A.S. and Yucel Boru
¸
Ithalat-Ihracat ve Pazarlama
¨
A.S. (collectively Yucel) ........
¸
All Others ..................................
sroberts on DSK5SPTVN1PROD with NOTICES
Section 735(c)(5)(A) of the Act
provides that the estimated ‘‘all others’’
rate shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely under
section 776 of the Act. In this final
determination, we have assigned the
‘‘All Others’’ a rate based on the
weighted-average dumping margin
¨
calculated for Yucel, the only company
for which the Department calculated a
rate.
Countervailing Duty Determination and Final
Affirmative Critical Circumstances Determination,
dated concurrently with this notice.
23:20 Jul 17, 2014
In accordance with section 735(d) of
the Act, we notified the U.S.
International Trade Commission (ITC) of
our final determination. As our final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will determine within 45
days whether the domestic industry in
the United States is materially injured,
or threatened with material injury, by
reason of imports or sales (or the
likelihood of sales) for importation of
the subject merchandise. If the ITC
determines that such injury exists, the
Department will issue an antidumping
duty order directing CBP to assess, upon
further instruction by the Department,
antidumping duties on imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Return or Destruction of Proprietary
Information
This notice will serve as a reminder
to parties subject to administrative
protective order (APO) of their
Weightedresponsibility concerning the
average
dumping
disposition of proprietary information
margin
disclosed under APO in accordance
(percent)
with 19 CFR 351.305. Timely written
notification of the destruction of APO
materials or conversion to judicial
protective order is hereby requested.
0.00 Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing this
35.86 determination and notice pursuant to
35.86 sections 735(d) and 777(i)(l) of the Act.
All Others Rate
VerDate Mar<15>2010
U.S. International Trade Commission
Notification
Jkt 232001
Dated: July 10, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Critical Circumstances
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
1. Duty Drawback
2. Constructed Value Selling Expenses for
¨
Yucel
3. Constructed Value Selling Profit for
¨
Yucel
4. Borusan’s Home Market Sales
5. Standard J55 and Upgradeable J55
6. Borusan’s Export Price Sales
7. Differential Pricing Analysis: Thresholds
for the Results of the Ratio Test
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41973
8. Treatment of Borusan’s Second-Quality
Pipe
9. Misclassification of Borusan’s Steel Coil
Purchases
VII. Recommendation
[FR Doc. 2014–16873 Filed 7–17–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–817]
Certain Oil Country Tubular Goods
From the Socialist Republic of
Vietnam: Final Determination of Sales
at Less Than Fair Value and Final
Affirmative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) determines that certain oil
country tubular goods (OCTG) from the
Socialist Republic of Vietnam (Vietnam)
are being, or are likely to be, sold in the
United States at less-than-fair value
(LTFV), as provided in section 735 of
the Tariff Act of 1930, as amended (the
Act). The final weighted-average
dumping margins of sales at LTFV are
shown in the ‘‘Final Determination’’
section of this notice.
DATES: Effective Date: July 18, 2014.
FOR FURTHER INFORMATION CONTACT: Fred
Baker or Davina Friedmann, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–2924 or (202) 482–
0698, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department published its
preliminary determination on February
25, 2014.1 On June 6, 2014, we received
case briefs from United States Steel
Corporation (U.S. Steel) and SeAH Steel
VINA Corporation (SeAH VINA). On
June 13, 2014, we received rebuttal
briefs from U.S. Steel and SeAH VINA.
At the request of both parties, we held
a public hearing on June 20, 2014. Based
on an analysis of the comments
received, the Department has made
1 See Certain Oil Country Tubular Goods From
the Socialist Republic of Vietnam: Preliminary
Determination of Sales at Less Than Fair Value,
Affirmative Preliminary Determination of Critical
Circumstances, in Part, and Postponement of Final
Determination, 79 FR 10478 (February 25, 2014)
(Preliminary Determination), and the accompanying
Preliminary Decision memorandum.
E:\FR\FM\18JYN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Notices]
[Pages 41971-41973]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16873]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-816]
Certain Oil Country Tubular Goods From the Republic of Turkey:
Final Determination of Sales at Less Than Fair Value and Affirmative
Final Determination of Critical Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
imports of certain oil country tubular goods (OCTG) from the Republic
of Turkey are being, or likely to be, sold in the United States at less
than fair value (LTFV), as provided in section 735 of the Tariff Act of
1930, as amended (the Act). The final weighted-average dumping margins
of sales at LTFV are listed in the ``Final Determination'' section of
this notice.
DATES: Effective Date: July 18, 2014.
FOR FURTHER INFORMATION CONTACT: Catherine Cartsos, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1757.
SUPPLEMENTARY INFORMATION:
Background
On February 25, 2014, the Department published the Preliminary
Determination in the Federal Register.\1\ In the Preliminary
Determination, we postponed the final determination until no later than
135 days after the publication of the Preliminary Determination in
accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii) and (e) and invited parties to comment on our
Preliminary Determination. We received case and rebuttal briefs from
Maverick (one of the petitioners),\2\ [Ccedil]ayirova Boru Sanayi ve
Ticaret A.[Scedil]. and Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama
A.[Scedil]. (collectively Y[uuml]cel), and a rebuttal brief from
Borusan Mannesmann Boru Sanayi ve Ticaret and Borusan Istikbal Ticaret
(collectively Borusan) in May and June 2014. On June 13, 2014, we
conducted a hearing in this investigation.
---------------------------------------------------------------------------
\1\ See Certain Oil Country Tubular Goods From the Republic of
Turkey: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Negative Preliminary Determination of Critical
Circumstances, and Postponement of Final Determination, 79 FR 10484
(February 25, 2014) (Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
\2\ Boomerang Tube, Energex Tube, a division of JMC Steel Group,
Maverick Tube Corporation (Maverick), Northwest Pipe Company, Tejas
Tubular Products, TMK IPSCO, United States Steel Corporation,
Vallourec Star, L.P., and Welded Tube USA Inc. (collectively, the
petitioners).
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Period of Investigation
The period of investigation is July 1, 2012, through June 30, 2013.
Scope of the Investigation
The merchandise covered by the investigation is certain oil country
tubular goods (OCTG), which are hollow steel products of circular
cross-section, including oil well casing and tubing, of iron (other
than cast iron) or steel (both carbon and alloy), whether seamless or
welded, regardless of end finish (e.g., whether or not plain end,
threaded, or threaded and coupled) whether or not conforming to
American Petroleum Institute (API) or non-API specifications, whether
finished (including limited service OCTG products) or unfinished
(including green tubes and limited service OCTG products), whether or
not thread protectors are attached. The scope of the investigation also
covers OCTG coupling stock.
Excluded from the scope of the investigation are: Casing or tubing
containing 10.5 percent or more by weight of chromium; drill pipe;
unattached couplings; and unattached thread protectors. The merchandise
subject to the investigations is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) under item numbers:
7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40,
7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10,
7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50,
7304.29.20.60,
[[Page 41972]]
7304.29.20.80, 7304.29.31.10, 7304.29.31.20, 7304.29.31.30,
7304.29.31.40, 7304.29.31.50, 7304.29.31.60, 7304.29.31.80,
7304.29.41.10, 7304.29.41.20, 7304.29.41.30, 7304.29.41.40,
7304.29.41.50, 7304.29.41.60, 7304.29.41.80, 7304.29.50.15,
7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 7304.29.50.75,
7304.29.61.15, 7304.29.61.30, 7304.29.61.45, 7304.29.61.60,
7304.29.61.75, 7305.20.20.00, 7305.20.40.00, 7305.20.60.00,
7305.20.80.00, 7306.29.10.30, 7306.29.10.90, 7306.29.20.00,
7306.29.31.00, 7306.29.41.00, 7306.29.60.10, 7306.29.60.50,
7306.29.81.10, and 7306.29.81.50.
The merchandise subject to the investigation may also enter under
the following HTSUS item numbers: 7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36, 7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72, 7304.39.00.76, 7304.39.00.80,
7304.59.60.00, 7304.59.80.15, 7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35, 7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55, 7304.59.80.60, 7304.59.80.65,
7304.59.80.70, 7304.59.80.80, 7305.31.40.00, 7305.31.60.90,
7306.30.50.55, 7306.30.50.90, 7306.50.50.50, and 7306.50.50.70.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigation is dispositive.
Analysis of the Comments Received
All issues raised in the case briefs by parties to this
investigation are addressed in the Issues and Decision Memorandum.\3\ A
list of the issues which parties have raised and to which we have
responded is in the Issues and Decision Memorandum and attached to this
notice as an Appendix. The Issues and Decision Memorandum is a public
document and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (IA ACCESS). IA ACCESS is available to registered users at
https://iaaccess.trade.gov and it is available 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://enforcement.trade.gov/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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\3\ See the memorandum from Deputy Assistant Secretary Christian
Marsh to Acting Assistant Secretary Ronald K. Lorentzen entitled
``Issues and Decision Memorandum for the Final Affirmative
Determination in the Less than Fair Value Investigation of Certain
Oil Country Tubular Goods from the Republic of Turkey'' dated
concurrently with this notice and hereby adopted by this notice
(Issues and Decision Memorandum).
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Changes Since the Preliminary Determination
Based on our analysis of the comments received, pre-verification
corrections, and our findings at verifications, we have made certain
changes to the margin calculations for Borusan and Y[uuml]cel.\4\
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\4\ For a discussion of these changes, see Memorandum to Neal
Halper entitled ``Cost of Production and Constructed Value
Calculation Adjustments for the Final Determination--Borusan'' dated
concurrently with this notice and Memorandum to the File entitled
``Final Determination of Sales at Less Than Fair Value in the
Antidumping Duty Investigation of Certain Oil Country Tubular Goods
from the Republic of Turkey--Analysis Memorandum for Borusan'' dated
concurrently with this notice. See also Memorandum to Neal Halper
entitled ``Constructed Value Calculation Adjustments for the Final
Determination--Cayirova Boru Sanayi ve Ticaret A.S.'' dated
concurrently with this notice and Memorandum to the File entitled
``Final Determination of Sales at Less Than Fair Value in the
Antidumping Duty Investigation of Certain Oil Country Tubular Goods
from the Republic of Turkey--Analysis Memorandum for Y[uuml]cel.''
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Verification
As provided in section 782(i) of the Act, we conducted sales and
cost verifications of the questionnaire responses submitted by Borusan
and Y[uuml]cel. We used standard verification procedures, including
examination of relevant accounting and production records, as well as
original source documents provided by both companies.\5\
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\5\ See Memoranda to the File entitled ``Verification of the
Sales Response of Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and
its affiliates in the Less-Than-Fair-Value Investigation of Certain
Oil Country Tubular Goods from the Republic of Turkey'' dated May
14, 2014, ``Verification of the Sales and Further Manufacturing
Responses of Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and its
affiliates in the Less-Than-Fair-Value Investigation of Certain Oil
Country Tubular Goods from the Republic of Turkey'' dated May 16,
2014, and ``Verification of the Cost Response of Borusan Mannesmann
Boru Sanayi ve Ticaret A.S. Antidumping Duty Investigation of
Certain Oil Country Tubular Goods from the Republic of Turkey''
dated May 14, 2014. See also Memoranda to the File entitled
``Verification of the Sales Response of [Ccedil]ayirova Boru Sanayi
ve Ticaret A.[Scedil]. and Y[uuml]cel Boru Ithalat-Ihracat ve
Pazarlama A.[Scedil]., Ltd., in the Less-Than-Fair-Value
Investigation of Certain Oil Country Tubular Goods from the Republic
of Turkey'' dated May 31, 2014, and ``Verification of the Cost
Response of [Ccedil]ayirova Boru Sanayi ve Ticaret A.[Scedil]. Less-
Than-Fair-Value Investigation of Certain Oil Country Tubular Goods
from the Republic of Turkey'' dated May 14, 2014.
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Affirmative Determination of Critical Circumstances, in Part
On December 18, 2013, the petitioners filed a timely critical
circumstances allegation, pursuant to section 733(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of the merchandise under consideration. Based on our
analysis, pursuant to 735(a)(3), we find that critical circumstances
exist for all other producers and exporters, but not for Borusan or for
Y[uuml]cel.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As noted above, for this final determination, the Department found
that critical circumstances exist with respect to the all other
producers or exporters. Therefore, in accordance with section
735(c)(4)(B) of the Act, the Department will instruct U.S. Customs and
Border Protection (CBP) to suspend liquidation of all entries of OCTG
from Turkey from all other producers or exporters which were entered,
or withdrawn from warehouse, for consumption on or after November 27,
2013, which is 90 days prior to the date of publication of the
Preliminary Determination in the Federal Register, and require a cash
deposit for such entries as noted below. With respect to Y[uuml]cel,
pursuant to section 735(c)(1)(B) of the Act, the Department will
instruct CBP to continue to suspend liquidation of all entries of OCTG
from Turkey from Y[uuml]cel which were entered, or withdrawn from
warehouse, for consumption on or after February 25, 2014, the date of
publication of the Preliminary Determination. Because the Department
reached a negative final determination with respect to Borusan, we will
continue to instruct CBP to not suspend liquidation of entries or
collect a cash deposit for this company.
In the final determination of the companion countervailing duty
investigation on OCTG from Turkey, the Department determined that the
all other companies benefitted from export subsidies.\6\ Pursuant to
sections
[[Page 41973]]
735(c)(1) and 772(c)(1)(C) of the Act and 19 CFR 351.210(d), the
Department will instruct CBP to require cash deposits equal to the
weighted-average dumping margins indicated below, adjusted where
appropriate for export subsidies.
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\6\ See Certain Oil Country Tubular Goods from the Republic of
Turkey: Final Affirmative Countervailing Duty Determination and
Final Affirmative Critical Circumstances Determination, dated
concurrently with this notice.
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We will instruct CBP to require a cash deposit equal to the
weighted-average amount by which normal value exceeds U.S. price, as
follows: (1) The rate for Y[uuml]cel will be the rate we determined in
this final determination; (2) if the exporter is not a firm identified
in this investigation but the producer is, the rate will be the rate
established for the producer of the subject merchandise; (3) the rate
for all other producers or exporters will be 35.86 percent, as
discussed in the ``All Others Rate'' section, below. These suspension
of liquidation and cash deposit instructions will remain in effect
until further notice.
Final Determination
The Department determines that the following dumping margins exist
for the period July 1, 2012, through June 30, 2013:
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret and Borusan 0.00
Istikbal Ticaret (collectively Borusan)...................
[Ccedil]ayirova Boru Sanayi ve Ticaret A.[Scedil]. and 35.86
Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama A.[Scedil].
(collectively Y[uuml]cel).................................
All Others................................................. 35.86
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All Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all
others'' rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero or de
minimis margins, and any margins determined entirely under section 776
of the Act. In this final determination, we have assigned the ``All
Others'' a rate based on the weighted-average dumping margin calculated
for Y[uuml]cel, the only company for which the Department calculated a
rate.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we notified the U.S.
International Trade Commission (ITC) of our final determination. As our
final determination is affirmative, in accordance with section
735(b)(2) of the Act, the ITC will determine within 45 days whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports or sales (or the
likelihood of sales) for importation of the subject merchandise. If the
ITC determines that such injury exists, the Department will issue an
antidumping duty order directing CBP to assess, upon further
instruction by the Department, antidumping duties on imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Return or Destruction of Proprietary Information
This notice will serve 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. Timely written notification of
the 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 this determination and notice
pursuant to sections 735(d) and 777(i)(l) of the Act.
Dated: July 10, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Critical Circumstances
IV. Scope of the Investigation
V. Margin Calculations
VI. Discussion of the Issues
1. Duty Drawback
2. Constructed Value Selling Expenses for Y[uuml]cel
3. Constructed Value Selling Profit for Y[uuml]cel
4. Borusan's Home Market Sales
5. Standard J55 and Upgradeable J55
6. Borusan's Export Price Sales
7. Differential Pricing Analysis: Thresholds for the Results of
the Ratio Test
8. Treatment of Borusan's Second-Quality Pipe
9. Misclassification of Borusan's Steel Coil Purchases
VII. Recommendation
[FR Doc. 2014-16873 Filed 7-17-14; 8:45 am]
BILLING CODE 3510-DS-P
