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]

Download as PDF 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). E:\FR\FM\18JYN1.SGM 18JYN1 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 E:\FR\FM\18JYN1.SGM 18JYN1 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 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 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 18JYN1

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]


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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).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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
------------------------------------------------------------------------

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