Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final Results of Countervailing Duty Administrative Review; Calendar Year 2012 and Rescission of Countervailing Duty Administrative Review, in Part, 51140-51142 [2014-20400]
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51140
Federal Register / Vol. 79, No. 166 / Wednesday, August 27, 2014 / Notices
domestic producer of saccharin.4 We
received a complete substantive
response from Kinetic within the 30-day
deadline specified in 19 CFR
351.218(d)(3)(i).5 We did not receive
any responses from any respondent
interested parties. As a result, pursuant
to section 751(c)(3)(B) of the Act and 19
CFR351.218(e)(1)(ii)(C)(2), we
conducted an expedited (120-day)
sunset review of the order on saccharin
from the PRC.
Scope of the Order
The product covered by this AD order
is saccharin. Saccharin is defined as a
non-nutritive sweetener used in
beverages and foods, personal care
products such as toothpaste, table top
sweeteners, and animal feeds. It is also
used in metalworking fluids. There are
four primary chemical compositions of
saccharin: (1) Sodium saccharin
(American Chemical Society Chemical
Abstract Service (‘‘CAS’’) Registry 128–
44–9); (2) calcium saccharin (CAS
Registry 6485–34–3); (3) acid (or
insoluble) saccharin (CAS Registry 81–
07–2); and (4) research grade saccharin.
Most of the U.S.-produced and imported
grades of saccharin from the PRC are
sodium and calcium saccharin, which
are available in granular, powder, spraydried powder, and liquid forms. The
merchandise subject to this order is
currently classifiable under subheading
2925.11.00 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’) and includes all types of
saccharin imported under this HTSUS
subheading, including research and
specialized grades. Although the
HTSUS subheading is provided for
convenience and customs purposes, the
Department’s written description of the
scope of this order remains dispositive.
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review is provided
in the accompanying Issues and
Decision Memorandum, which is hereby
adopted by this notice.6 The issues
discussed in the Issues and Decision
Memorandum include the likelihood of
continuation or recurrence of dumping
4 Id.
at 2.
letter from Kinetic, ‘‘Saccharin from the
People’s Republic of China: Substantive Response
to the Notice of Initiation,’’ dated May 30, 2014.
6 See ‘‘Issues and Decision Memorandum for the
Final Results of the Expedited Second Sunset
Review of the Antidumping Duty Order on
Saccharin from the People’s Republic of China,’’
from Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen, Acting Assistant Secretary
for Enforcement and Compliance (‘‘Issues and
Decision Memorandum’’), dated concurrently with
this notice.
mstockstill on DSK4VPTVN1PROD with NOTICES
5 See
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17:44 Aug 26, 2014
Jkt 232001
and the magnitude of the margins of
dumping likely to prevail if the order
were revoked. 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’’). Access to IA ACCESS is
available to registered users at https://
iaaccess.trade.gov and to all parties in
the Central Records Unit, room 7046 of
the main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed at
https://enforcement.trade.gov/frn/. The
signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Dated: August 20, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2014–20395 Filed 8–26–14; 8:45 am]
BILLING CODE 3510–DS–P
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 2012 and
Rescission of Countervailing Duty
Administrative Review, in Part
Enforcement and Compliance,
International Trade Administration,
Final Results of the Sunset Review
Department of Commerce.
SUMMARY: The Department of Commerce
Pursuant to section 752(c)(3) of the
Act, we determine that revocation of the (the Department) completed the
administrative review of the
AD order on saccharin from the PRC
countervailing duty (CVD) order on
would be likely to lead to continuation
circular welded carbon steel pipes and
or recurrence of dumping at the
tubes (steel pipes and tubes) from
following weighted-average percentage
Turkey for the January 1, 2012, through
margins:
December 31, 2012, period of review
(POR) in accordance with section 751(a)
Weightedof the Tariff Act of 1930, as amended
Manufacturers/exporters/
average
(the Act). This review covers multiple
producers
margin
(percent)
exporters/producers, one of which is
being individually examined as a
Suzhou Fine Chemical Group
mandatory respondent. We determine
Co., Ltd .................................
291.57 that the net subsidy rate for the sole
Shanghai Fortune Chemical
mandatory respondent, Borusan
Co., Ltd .................................
249.39
Mannesmann Boru Sanayi ve Ticaret
Kaifeng Xinhua Fine Chemical
A.S. (BMB), and Borusan Istikbal Ticaret
Factory ..................................
281.97
T.A.S. (Istikbal), (collectively, the
PRC-Wide Rate ........................
329.94
Borusan Companies), although revised
from the preliminary results, continues
Notification Regarding Administrative
to be de minimis. We further continue
Protective Orders
to find that the net subsidy rates for
Erbosan Erciyas Boru Sanayi ve Ticaret
This notice also serves as the only
A.S. (Erbosan AS) and Erbosan Erciyas
reminder to parties subject to
Pipe Industry and Trade Co. Kayseri
administrative protective orders
Free Zone Branch (Erbosan FZB),
(‘‘APO’’) of their responsibility
(collectively Erbosan), and Tosyali dis
concerning the return or destruction of
Ticaret A.S. (Tosyali) and Toscelik
proprietary information disclosed under
Profil ve Sac Endustrisi A.S. (Toscelik
APO in accordance with 19 CFR
Profil), (collectively, Toscelik), the two
351.305. Timely notification of the
firms not individually examined in this
return or destruction of APO materials
review, are de minimis and 0.83 percent
or conversion to judicial protective
ad valorem, respectively. Additionally,
order is hereby requested. Failure to
the Department is rescinding the review
comply with the regulations and terms
of three companies that timely certified
of an APO is a violation which is subject that they had no shipments of subject
to sanction.
merchandise during the POR.
We are issuing and publishing the
DATES: Effective Date: August 27, 2014.
results and notice in accordance with
FOR FURTHER INFORMATION CONTACT: John
sections 751(c), 752(c), and 777(i)(1) of
Conniff at 202–482–1009, AD/CVD
the Act.
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
AGENCY:
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Federal Register / Vol. 79, No. 166 / Wednesday, August 27, 2014 / Notices
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.1 On April 17, 2014, the
Department published in the Federal
Register the Preliminary Results for this
review.2 In the Preliminary Results, we
invited interested parties to submit case
and rebuttal briefs commenting on the
preliminary results and to request a
hearing.3 On May 23, 2014, we received
a case brief from the Borusan
Companies. We received no rebuttal
brief, and did not hold a hearing in this
review, as none was requested by
interested parties.
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
classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings as 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.
mstockstill on DSK4VPTVN1PROD with NOTICES
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(A) of the Act. For each of the
subsidy programs found countervailable
during the POR, we determine that there
is a subsidy, i.e., a government-provided
financial contribution that confers a
benefit to the recipient, and that the
subsidy is specific. See sections
771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E)
of the Act regarding benefit; and section
771(5A) of the Act regarding specificity.
For a complete description of the
methodology, see the Issues and
Decision Memorandum.4
1 See Countervailing Duty Order: Certain Welded
Carbon Steel Pipe and Tube Products From Turkey,
51 FR 7984 (March 7, 1986).
2 See Circular Welded Carbon Steel Pipes and
Tubes from Turkey: Circular Welded Carbon Steel
Pipe and Tube Products From Turkey: Preliminary
Results of Countervailing Duty Administrative
Review; Calendar Year 2012 and Intent To Rescind
Countervailing Duty Administrative Review, in Part,
79 FR 22625 (April 17, 2014) (Preliminary Results).
3 Id., 79 FR at 22627.
4 See Memorandum to Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for Final
Results of Countervailing Duty (CVD)
Administrative Review: Circular Welded Carbon
Steel Pipes and Tubes from Turkey,’’ dated
VerDate Mar<15>2010
17:44 Aug 26, 2014
Jkt 232001
Analysis of Comments Received
All issues raised in the Borusan
Companies’ case brief, the only case
brief submitted in this proceeding, are
addressed in the Issues and Decision
Memorandum. A list of the issues which
the Borusan Companies raised, and to
which we responded in the Issues and
Decision Memorandum, is 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 is available to all parties
in the Central Records Unit, Room 7046
of the main Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly 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.
Rescission of the 2012 Administrative
Review, in Part
The Department did not receive any
information from interested parties or
U.S. Customs and Border Protection
(CPB) that was contrary to the claims of
Yucel Group and affiliates including
Yucel Boru ye Profil Endustrisi A.S,
Yucelboru Ihracat Ithalat ye Pazarlama
A.S, and Cayirova Born Sanayi ye
Ticaret A.S. (collectively, Yucel), Umran
Celik Boru Sanayii A.S. (Umran), and
Guven Celik Boru San. Ve Tic. Ltd.
(Guven) of no sales, shipments, or
entries of subject merchandise to the
United States during the POR after we
preliminarily indicated our intent to
rescind the administrative review.
Accordingly, based on record evidence,
we determine that Yucel, Umran, and
Guven did not ship subject merchandise
to the United States during the POR.
Therefore, in accordance with 19 CFR
351.213(d)(3), and consistent with our
practice,5 we are rescinding the review
for Yucel, Umran, and Guven.
Pursuant to section 751(a)(1)(A) of the
Act, we calculated an individual
subsidy rate for the mandatory
respondent, the Borusan Companies.
Consistent with the Preliminary Results
concurrently with these final results (Issues and
Decision Memorandum).
5 See, e.g., Aluminum Extrusions from the
People’s Republic of China: Notice of Partial
Rescission of Countervailing Duty Administrative
Review, 79 FR 2635 (January 15, 2014).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
and as explained in the Issues and
Decision Memorandum,6 we determine
that the Borusan Companies received a
net subsidy rate of 0.13 percent ad
valorem during the POR, which is de
minimis.7 In past reviews in which the
Department limited the number of
respondents being individually
examined, the Department determined
that a ‘‘reasonable method’’ to use to
determine the rate applicable to
companies that were not individually
examined when all the rates of selected
mandatory respondents are zero or de
minimis is to assign non-selected
respondents the average of the most
recently determined rates that are not
zero, de minimis, or based entirely on
facts available.8 However, if a nonselected respondent has its own
calculated rate that is contemporaneous
with or more recent than such previous
rates, the Department found it
appropriate to apply that calculated rate
to the non-selected respondent, even
when that rate is zero or de minimis.9
In the Turkey Pipe 2011 Final Results,
the most recently completed
administrative review of this order, the
Department calculated a de minimis net
subsidy rate for Erbosan and a net
subsidy rate of 0.83 percent ad valorem
for Toscelik.10 Therefore, consistent
with the Department’s practice, as
described above, the Department is
assigning rates of de minimis for
Erbosan and 0.83 percent ad valorem for
Toscelik, based on the individual rates
calculated for those companies in the
prior review. Our approach in this
regard is unchanged from the
Preliminary Results.11
Assessment Rates/Cash Deposits
In accordance with 19 CFR
351.212(b)(2), 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
the Borusan Companies and Erbosan
entered, or withdrawn form warehouse,
for consumption on or after January 1,
2012, through December 31, 2012,
6 See
Issues and Decision Memorandum at 3.
19 CFR 351.106(c)(1).
8 See Certain Frozen Warmwater Shrimp From the
Socialist Republic of Vietnam: Final Results and
Final Partial Rescission of Antidumping Duty
Administrative Review, 74 FR 47191, 47194–95
(September 15, 2009).
9 Id.
10 See Circular Welded Carbon Steel Pipes and
Tubes from Turkey: Final Results of Countervailing
Duty Administrative Review; Calendar Year 2011,
78 FR 64916, 64917 (October 30, 2013) (Turkey Pipe
2011 Final Results) and accompanying Issues and
Decision Memorandum at Comment 1.
11 See Preliminary Results, and accompanying
Decision Memorandum at 6–7.
7 See
Final Results of Review
51141
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Federal Register / Vol. 79, No. 166 / Wednesday, August 27, 2014 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
without regard to CVDs because a de
minimis subsidy rate was calculated for
each company as the ad valorem
assessment rate. 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 the Borusan
Companies 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, 2012, through December 31,
2012, 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 Yucel, Umran, and Guven, the
companies for which this review is
rescinded, CVDs shall be assessed at
rates equal to the cash deposit of
estimated CVDs required at the time of
entry, or withdrawal from warehouse,
for consumption, during the period
January 1, 2012, through December 31,
2012, consistent with 19 CFR
351.212(c)(1)(i).
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
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17:44 Aug 26, 2014
Jkt 232001
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: August 21, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
I. Summary
II. Period of Review
III. Scope of the Order
IV. Rescission of the 2012 Administrative
Review, in Part
V. Attribution of Subsidies
VI. Allocation Period
VII. Subsidies Valuation Information—
Benchmarks and Discount Rates
VIII. Non-Selected Rate
IX. Analysis of Programs
A. Programs Determined To Be
Countervailable
B. Programs Determined To Not Confer
Countervailable Benefits
C. Programs Determined To Be Not Used
X. Analysis of Comments
Borusan
Comment: Whether the Department
Double-Counted Subsidy Benefits the
Borusan Companies Received In
Connection with Certain EXIMBANK
Loans
XI. Recommendation
[FR Doc. 2014–20400 Filed 8–26–14; 8:45 am]
BILLING CODE 3510–DS–P
COMMISSION OF FINE ARTS
Notice of Meeting
The next meeting of the U.S.
Commission of Fine Arts is scheduled
for 18 September 2014, at 9:00 a.m. in
the Commission offices at the National
Building Museum, Suite 312, Judiciary
Square, 401 F Street NW., Washington,
DC 20001–2728. Items of discussion
may include buildings, parks and
memorials.
Draft agendas and additional
information regarding the Commission
are available on our Web site:
www.cfa.gov. Inquiries regarding the
agenda and requests to submit written
or oral statements should be addressed
to Thomas Luebke, Secretary, U.S.
Commission of Fine Arts, at the above
address; by emailing staff@cfa.gov; or by
calling 202–504–2200. Individuals
requiring sign language interpretation
for the hearing impaired should contact
the Secretary at least 10 days before the
meeting date.
Frm 00005
[FR Doc. 2014–20187 Filed 8–26–14; 8:45 am]
BILLING CODE 6330–01–M
DEPARTMENT OF DEFENSE
Department of the Army
Appendix
PO 00000
Dated: August 19, 2014, in Washington,
DC.
Thomas Luebke,
Secretary.
Fmt 4703
Sfmt 4703
Army Science Board Partially Closed
Meeting Notice
Department of the Army, DoD.
Notice of a partially closed
meeting.
AGENCY:
ACTION:
Pursuant to the Federal
Advisory Committee Act of 1972 (5
U.S.C., Appendix, as amended), the
Sunshine in the Government Act of
1976 (U.S.C. 552b, as amended) and 41
Code of the Federal Regulations (CFR
102–3.140 through 160, the Department
of the Army announces the following
committee meeting:
Name of Committee: Army Science
Board (ASB) Fall Plenary Voting
Session.
Date: September 18, 2014.
Time: 0900–1100 for the open session
and 1300–1500 for the closed session.
Location: The open session will take
place at the Darden School of Business
at 100 Darden Boulevard,
Charlottesville, VA 22903. The closed
session will take place at the adjacent
U.S. Army Judge Advocate General’s
Legal Center and School at 600 Massie
Road, Charlottesville, VA 22903. Both
locations are on the campus of the
University of Virginia in Charlottesville,
VA.
Public’s Accessibility to the Meeting:
Pursuant to 5 U.S.C. 552b and 41 CFR
102–3.140 through 102.3.165, and the
availability of space, the morning
session of this meeting is open to the
public. Seating is on a first-come basis.
The Darden School of Business is
readily accessible to and usable by
persons with disabilities. For additional
information about public access
procedures, contact LTC Stephen Barker
or Ms. Carolyn German at the email
address or telephone number listed in
the FOR FURTHER INFORMATION CONTACT
section.
Purpose of Meeting: The purpose of
the meeting is for ASB members to
review, deliberate, and vote on the
findings and recommendations
presented in the Fiscal Year (FY) 2014
studies.
Agenda: The board will present
findings and recommendations for
deliberation and vote on the following
three FY 2014 studies:
SUMMARY:
E:\FR\FM\27AUN1.SGM
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Agencies
[Federal Register Volume 79, Number 166 (Wednesday, August 27, 2014)]
[Notices]
[Pages 51140-51142]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20400]
-----------------------------------------------------------------------
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
2012 and Rescission of Countervailing Duty Administrative Review, in
Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) completed the
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, 2012, through December 31, 2012, period
of review (POR) in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act). This review covers multiple exporters/
producers, one of which is being individually examined as a mandatory
respondent. We determine that the net subsidy rate for the sole
mandatory respondent, Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
(BMB), and Borusan Istikbal Ticaret T.A.S. (Istikbal), (collectively,
the Borusan Companies), although revised from the preliminary results,
continues to be de minimis. We further continue to find that the net
subsidy rates for 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 Tosyali dis Ticaret
A.S. (Tosyali) and Toscelik Profil ve Sac Endustrisi A.S. (Toscelik
Profil), (collectively, Toscelik), the two firms not individually
examined in this review, are de minimis and 0.83 percent ad valorem,
respectively. Additionally, the Department is rescinding the review of
three companies that timely certified that they had no shipments of
subject merchandise during the POR.
DATES: Effective Date: August 27, 2014.
FOR FURTHER INFORMATION CONTACT: John Conniff at 202-482-1009, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of
[[Page 51141]]
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.\1\ On April 17,
2014, the Department published in the Federal Register the Preliminary
Results for this review.\2\ In the Preliminary Results, we invited
interested parties to submit case and rebuttal briefs commenting on the
preliminary results and to request a hearing.\3\ On May 23, 2014, we
received a case brief from the Borusan Companies. We received no
rebuttal brief, and did not hold a hearing in this review, as none was
requested by interested parties.
---------------------------------------------------------------------------
\1\ See Countervailing Duty Order: Certain Welded Carbon Steel
Pipe and Tube Products From Turkey, 51 FR 7984 (March 7, 1986).
\2\ See Circular Welded Carbon Steel Pipes and Tubes from
Turkey: Circular Welded Carbon Steel Pipe and Tube Products From
Turkey: Preliminary Results of Countervailing Duty Administrative
Review; Calendar Year 2012 and Intent To Rescind Countervailing Duty
Administrative Review, in Part, 79 FR 22625 (April 17, 2014)
(Preliminary Results).
\3\ Id., 79 FR at 22627.
---------------------------------------------------------------------------
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 classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) subheadings as 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.
Methodology
The Department conducted this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable during the POR, we determine that there is a subsidy,
i.e., a government-provided financial contribution that confers a
benefit to the recipient, and that the subsidy is specific. See
sections 771(5)(B) and (D) of the Act regarding financial contribution;
section 771(5)(E) of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity. For a complete description of the
methodology, see the Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Memorandum to Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and Compliance, ``Decision Memorandum for
Final Results of Countervailing Duty (CVD) Administrative Review:
Circular Welded Carbon Steel Pipes and Tubes from Turkey,'' dated
concurrently with these final results (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the Borusan Companies' case brief, the only
case brief submitted in this proceeding, are addressed in the Issues
and Decision Memorandum. A list of the issues which the Borusan
Companies raised, and to which we responded in the Issues and Decision
Memorandum, is 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 is
available to all parties in the Central Records Unit, Room 7046 of the
main Commerce building. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly 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.
Rescission of the 2012 Administrative Review, in Part
The Department did not receive any information from interested
parties or U.S. Customs and Border Protection (CPB) that was contrary
to the claims of Yucel Group and affiliates including Yucel Boru ye
Profil Endustrisi A.S, Yucelboru Ihracat Ithalat ye Pazarlama A.S, and
Cayirova Born Sanayi ye Ticaret A.S. (collectively, Yucel), Umran Celik
Boru Sanayii A.S. (Umran), and Guven Celik Boru San. Ve Tic. Ltd.
(Guven) of no sales, shipments, or entries of subject merchandise to
the United States during the POR after we preliminarily indicated our
intent to rescind the administrative review. Accordingly, based on
record evidence, we determine that Yucel, Umran, and Guven did not ship
subject merchandise to the United States during the POR. Therefore, in
accordance with 19 CFR 351.213(d)(3), and consistent with our
practice,\5\ we are rescinding the review for Yucel, Umran, and Guven.
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\5\ See, e.g., Aluminum Extrusions from the People's Republic of
China: Notice of Partial Rescission of Countervailing Duty
Administrative Review, 79 FR 2635 (January 15, 2014).
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Final Results of Review
Pursuant to section 751(a)(1)(A) of the Act, we calculated an
individual subsidy rate for the mandatory respondent, the Borusan
Companies. Consistent with the Preliminary Results and as explained in
the Issues and Decision Memorandum,\6\ we determine that the Borusan
Companies received a net subsidy rate of 0.13 percent ad valorem during
the POR, which is de minimis.\7\ In past reviews in which the
Department limited the number of respondents being individually
examined, the Department determined that a ``reasonable method'' to use
to determine the rate applicable to companies that were not
individually examined when all the rates of selected mandatory
respondents are zero or de minimis is to assign non-selected
respondents the average of the most recently determined rates that are
not zero, de minimis, or based entirely on facts available.\8\ However,
if a non-selected respondent has its own calculated rate that is
contemporaneous with or more recent than such previous rates, the
Department found it appropriate to apply that calculated rate to the
non-selected respondent, even when that rate is zero or de minimis.\9\
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\6\ See Issues and Decision Memorandum at 3.
\7\ See 19 CFR 351.106(c)(1).
\8\ See Certain Frozen Warmwater Shrimp From the Socialist
Republic of Vietnam: Final Results and Final Partial Rescission of
Antidumping Duty Administrative Review, 74 FR 47191, 47194-95
(September 15, 2009).
\9\ Id.
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In the Turkey Pipe 2011 Final Results, the most recently completed
administrative review of this order, the Department calculated a de
minimis net subsidy rate for Erbosan and a net subsidy rate of 0.83
percent ad valorem for Toscelik.\10\ Therefore, consistent with the
Department's practice, as described above, the Department is assigning
rates of de minimis for Erbosan and 0.83 percent ad valorem for
Toscelik, based on the individual rates calculated for those companies
in the prior review. Our approach in this regard is unchanged from the
Preliminary Results.\11\
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\10\ See Circular Welded Carbon Steel Pipes and Tubes from
Turkey: Final Results of Countervailing Duty Administrative Review;
Calendar Year 2011, 78 FR 64916, 64917 (October 30, 2013) (Turkey
Pipe 2011 Final Results) and accompanying Issues and Decision
Memorandum at Comment 1.
\11\ See Preliminary Results, and accompanying Decision
Memorandum at 6-7.
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Assessment Rates/Cash Deposits
In accordance with 19 CFR 351.212(b)(2), 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 the Borusan Companies and Erbosan entered, or
withdrawn form warehouse, for consumption on or after January 1, 2012,
through December 31, 2012,
[[Page 51142]]
without regard to CVDs because a de minimis subsidy rate was calculated
for each company as the ad valorem assessment rate. 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
the Borusan Companies 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, 2012, through December 31, 2012, 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 Yucel, Umran, and Guven, the companies for which this review is
rescinded, CVDs shall be assessed at rates equal to the cash deposit of
estimated CVDs required at the time of entry, or withdrawal from
warehouse, for consumption, during the period January 1, 2012, through
December 31, 2012, consistent with 19 CFR 351.212(c)(1)(i).
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: August 21, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
I. Summary
II. Period of Review
III. Scope of the Order
IV. Rescission of the 2012 Administrative Review, in Part
V. Attribution of Subsidies
VI. Allocation Period
VII. Subsidies Valuation Information--Benchmarks and Discount Rates
VIII. Non-Selected Rate
IX. Analysis of Programs
A. Programs Determined To Be Countervailable
B. Programs Determined To Not Confer Countervailable Benefits
C. Programs Determined To Be Not Used
X. Analysis of Comments
Borusan
Comment: Whether the Department Double-Counted Subsidy Benefits
the Borusan Companies Received In Connection with Certain EXIMBANK
Loans
XI. Recommendation
[FR Doc. 2014-20400 Filed 8-26-14; 8:45 am]
BILLING CODE 3510-DS-P