Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Final Results of Antidumping Duty Administrative Review; 2012-2013, 71087-71089 [2014-28263]
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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices
time, and location of the hearing two
days before the scheduled date.
The Department intends to issue the
final results of this administrative
review, including the results of its
analysis of issues raised in any written
briefs, not later than 120 days after the
date of publication of this notice,
pursuant to section 751(a)(3)(A) of the
Act.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Assessment Rates
Upon issuance of the final results, the
Department shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.5
If Koehler’s weighted-average
dumping margin is above de minimis
(i.e., 0.50 percent) in the final results of
this review, we will calculate an
importer-specific per-unit duty
assessment rate by aggregating the total
amount of antidumping duties
calculated for the examined sales and
dividing this amount by the total
quantity of those sales, because Koehler
did not report entered value for all its
U.S. sales. To determine whether this
duty assessment rate is de minimis, in
accordance with the requirement set
forth in 19 CFR 351.106(c)(2), we will
calculate an importer-specific ad
valorem ratio based on the estimated
entered value.
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review when the
importer-specific assessment rate
calculated in the final results of this
review is above de minimis. Where
either Koehler’s weighted-average
dumping margin is zero or de minimis,
or the importer-specific assessment rate
is zero or de minimis, we will instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.6
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. This clarification will
apply to entries of subject merchandise
during the POR produced by Koehler for
which it did not know its merchandise
was destined for the United States. In
such instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction. For a full discussion of
this clarification, see Antidumping and
Countervailing Duty Proceedings:
19 CFR 351.212(b).
Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012); 19 CFR 351.106(c)(2).
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
We intend to issue instructions to
CBP 15 days after the publication date
of the final results of this review.
Dated: November 21, 2104.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Cash Deposit Requirements
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Scope of the Order
2. Fair Value Comparisons
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
3. Product Comparisons
4. Export Price and Constructed Export Price
5. Normal Value
A. Home Market Viability and Selection of
Comparison Market
B. Level of Trade
C. Cost of Production Analysis
D. Calculation of Normal Value Based on
Comparison-Market Prices
6. Currency Conversion
7. Duty Absorption
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Koehler will be
the rate established in the final results
of this review, except if the rate is less
than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously reviewed or investigated
companies not participating in this
review, the cash deposit rate will
continue to be the company-specific rate
published for the most recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the
original investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 6.50
percent, the all-others rate established
in the less-than-fair-value
investigation.7 These requirements,
when imposed, shall remain in effect
until further notice.
Jkt 235001
[FR Doc. 2014–28260 Filed 11–28–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–501]
Welded Carbon Steel Standard Pipe
and Tube Products From Turkey: Final
Results of Antidumping Duty
Administrative Review; 2012–2013
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
7 Lightweight Thermal Paper from Germany:
Notice of Final Determination of Sales at Less Than
Fair Value, 73 FR 57326, 57328 (October 2, 2008).
1 See Welded Carbon Steel Standard Pipe and
Tube Products From Turkey: Preliminary Results of
Antidumping Duty Administrative Review; 2012–
2013, 79 FR 35999 (June 25, 2014) (Preliminary
Results), and the accompanying Preliminary
Decision Memorandum (PDM).
Notification to Importers
6 See
14:08 Nov 28, 2014
Appendix
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 25, 2014, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on welded
carbon steel standard pipe and tube
products (welded pipe and tube) from
Turkey.1 The period of review (POR) is
May 1, 2012, through April 30, 2013.
Based on our analysis of the comments
received, we have made no changes in
the margin calculations. Therefore, the
final results do not differ from the
Preliminary Results. The final weightedaverage dumping margins for the
reviewed firms are listed below in the
section entitled ‘‘Final Results of the
Review.’’ Further, unchanged from the
Preliminary Results, we continue to find
that various companies had no
shipments of subject merchandise
during the POR.
DATES: Effective Date: December 1, 2014.
5 See
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AGENCY:
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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices
FOR FURTHER INFORMATION CONTACT:
Victoria Cho, Fred Baker, or Robert
James, 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)
482–5075, (202) 482–2924, or (202) 482–
0649, respectively.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Background
On June 25, 2014, the Department
published the Preliminary Results, and
invited interested parties to comment.2
On July 30, 2014, we received case
briefs from the petitioner, Wheatland
Tube Company (Wheatland), and one
respondent, Borusan Mannesmann Boru
Sanayi ve Ticaret A.S. (Borusan).3 On
August 6, 2013, we received rebuttal
briefs from Wheatland and Borusan.
The Department has conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The merchandise subject to the order
is welded pipe and tube. The welded
pipe and tube subject to the order is
currently classifiable under subheading
7306.30.1000, 7306.30.5025,
7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, and
7306.30.5090 of the Harmonized Tariff
Schedule of the United States (HTSUS).
The HTSUS subheadings are provided
for convenience and customs purposes.
The written description is dispositive.
A full written description of the scope
of the order is contained in the
memorandum from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant
Secretary for Enforcement and
Compliance, ‘‘Issues and Decision
Memorandum for the Final Results of
the Antidumping Duty Administrative
Review: Welded Carbon Steel Standard
Pipe and Tube Products from Turkey;
2012–2013’’ (Issues and Decision
Memorandum), which is hereby
adopted by this notice and incorporated
herein by reference. 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
(ACCESS). ACCESS is available to
registered users at https://
2 See
Preliminary Results, 79 FR at 36000.
explained in the Preliminary Results, the
Department treats Borusan, Borusan Istikbal Ticaret
T.A.S., and Borusan Lojistik Dagitim Depolama
Tasimacilik ve Tic A.S. as the same legal entity. See
79 FR at 35999 and n.3.
3 As
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18:43 Nov 28, 2014
Jkt 235001
access.trade.gov, and it is available to
all parties in the Central Records Unit,
Room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly 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.
Final Determination of No Shipments
In the Preliminary Results, the
Department preliminarily determined
the following companies had no
shipments during the POR: the Borusan
Group, Borusan Holding A.S., Cayirova
Boru Sanayi ve Ticaret A.S., ERBOSAN
Erciyas Boru Sanayi ve Ticaret A.S.,
Guven Celik Boru San. ve Tic. Ltd.,
Guven Steel Pipe, Metaleks Celik
Urunleri San. ve Tic. Ltd. Sti., Metaliks
Celik Urunkeri San. ve Tic. Ltd.,
Toscelik Metal Ticaret A.S., Toscelik
Profil ve Sac Endustrisi A.S., Umran
Celik Boru Sanayii A.S., Umran Steel
Pipe Inc., Yucel Boru ve Profil
Endustrisi A.S, Yucelboru Ihracat Ithalat
ve Pazarlama A.S., and Yucel Group.4
Following publication of the
Preliminary Results, we received no
comments from interested parties
regarding these companies. As a
consequence, and because the record
contains no evidence to the contrary, we
continue to find that none of these
companies made shipments during the
POR. Accordingly, consistent with the
Department’s practice, we intend to
instruct U.S. Customs and Border
Protection (CBP) to liquidate any
existing entries of merchandise
produced by these companies, but
exported by other parties, at the allothers rate.5
Analysis of Comments Received
All issues raised in the case briefs by
parties are addressed in the Issues and
Decision Memorandum. A list of the
issues which parties raised and to
which we respond in the Issues and
Decision Memorandum is attached to
this notice as an Appendix.
Changes Since the Preliminary Results
Based on a review of the record and
our analysis of the comments received
from interested parties on the
4 See Preliminary Results, 79 FR at 35999 and the
accompanying PDM at 3–4.
5 See, e.g., Magnesium Metal From the Russian
Federation: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 26922, 26923
(May 13, 2010) (Magnesium Metal), unchanged in
Magnesium Metal From the Russian Federation:
Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Preliminary Results, we have made no
changes to the margin calculations.6
Final Results of the Review
As a result of this review, we
determine that the following weightedaverage dumping margins exist for the
period May 1, 2012, through April 30,
2013:
Manufacturer/exporter
Borusan Mannesmann Boru
Sanayi ve Ticaret A.S.7
Toscelik Profil ve Sac
Endustrisi A.S.8
Weightedaverage
dumping
margin
(percent)
1.28
0.00
Disclosure
We intend to 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).
Assessment Rates
The Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries covered by this
review pursuant to section 751(a)(2)(C)
of the Act and 19 CFR 351.212(b). The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of these final results
of review in the Federal Register.
For Borusan, because its weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.5 percent),
the Department has calculated importerspecific antidumping duty assessment
rates. We calculated importer-specific
ad valorem antidumping duty
assessment rates by aggregating the total
amount of dumping calculated for the
examined sales of each importer and
dividing each of these amounts by the
total entered value associated with those
sales. We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review where an
importer-specific assessment rate is not
zero or de minimis. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping
duties any entries for which the
importer-specific assessment rate is zero
or de minimis.
For Toscelik Profil ve Sac Endustrisi
A.S. (Toscelik), we will instruct CBP to
6 See
the Issues and Decision Memorandum.
footnote 3.
8 As explained in the Preliminary Results, the
Department treats Toscelik Profil ve Sac Endustrisi
A.S. and Tosyali Dis Ticaret A.S. as the same legal
entity. See Preliminary Results, 79 FR at 35999 &
n.3. However, the Department no longer includes
Toscelik Metal Ticaret A.S. as part of this entity
because it ceased to exist prior to the POR. Id.
7 See
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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices
liquidate its entries during the POR
imported by the importer identified in
its questionnaire responses without
regard to antidumping duties because its
weighted-average dumping margin in
these final results is zero.9
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003.10 This clarification applies
to entries of subject merchandise during
the POR produced by companies
included in these final results of review
for which the reviewed companies did
not know that the merchandise they
sold to an intermediary (e.g., a reseller,
trading company, or exporter) was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate established in the less-thanfair-value (LTFV) investigation 11 if
there is no rate for the intermediate
company(ies) involved in the
transaction.12
For the companies identified above as
having had no shipments, because the
Department has determined that each of
these companies had no shipments
during the POR for which they had
knowledge, all entries entered under
each of their cash deposit rates will be
liquidated at the all-others rate
established in the LTFV investigation.13
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rates for Borusan and
Toscelik will be equal to the weightedaverage dumping margins established in
the final results of this review; (2) for
previously reviewed or investigated
companies not participating in this
review, the cash deposit rate will
continue to be the company-specific rate
established from a completed segment
of this proceeding for the most recent
period; (3) if the exporter is not a firm
asabaliauskas on DSK5VPTVN1PROD with NOTICES
9 See
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103
(February 14, 2012).
10 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
11 See Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products From
Turkey, 51 FR 17784, 17784 (May 15, 1986) (Order).
12 See Assessment Policy Notice for a full
discussion of this clarification.
13 See Magnesium Metal, 75 FR at 26923;
Assessment Policy Notice, 68 FR 23954; see also
Order, 51 FR at 17784.
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14:08 Nov 28, 2014
Jkt 235001
71089
covered in this review, a previous
review, or the original LTFV
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established from a completed segment
of this proceeding for the most recent
period for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 14.74
percent, the all-others rate established
in the LTFV investigation.14 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Issue 4: Duty Drawback and Yield Loss
Factor
Issue 5: Differential Pricing
Issue 6: Withdrawal of the Regulatory
Provisions Governing Targeted Dumping
in Less-Than-Fair-Value Investigations
Recommendation
Notification to Importers
Seamless Refined Copper Pipe and
Tube From the People’s Republic of
China: Preliminary Results and Partial
Rescission of Administrative Review;
2012–2013
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred, and the
subsequent assessment of double
antidumping duties.
Notifications to Interested Parties
In accordance with 19 CFR
351.305(a)(3), this notice serves as the
only reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO. Timely written
notification of return or 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.
These final results of review and
notice are published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: November 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Issue 1: Physical Characteristic for Grade
Issue 2: Whether the Department Should
Collapse ASTM A53 grade A and ASTM
A53 grade B into a Single Grade Category
Issue 3: Duty Drawback and Treatment of
the Resource Utilization Support Fund
Tax
14 See
PO 00000
Order, 51 FR at 17784.
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[FR Doc. 2014–28263 Filed 11–28–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–964]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (the ‘‘Department’’) is
conducting the third administrative
review of the antidumping duty order
on seamless refined copper pipe and
tube from the People’s Republic of
China (‘‘PRC’’), covering the period
November 1, 2012 through October 31,
2013. The Department preliminarily
determines that, during the period of
review, Golden Dragon Precise Copper
Tube Group, Inc., Hong Kong GD
Trading Co., Ltd., and Golden Dragon
Holding (Hong Kong) International, Ltd.
(collectively, ‘‘Golden Dragon’’), the
respondent in this proceeding, has made
sales of subject merchandise at less than
normal value (‘‘NV’’). Interested parties
are invited to comment on these
preliminary results.
DATES: Effective Date: December 1, 2014.
FOR FURTHER INFORMATION CONTACT:
James Martinelli, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–2923.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of Order
The merchandise subject to the order
is seamless refined copper pipe and
tube. The product is currently classified
under Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’) item
numbers 7411.10.1030 and
7411.10.1090. Products subject to this
order may also enter under HTSUS item
numbers 7407.10.1500, 7419.99.5050,
8415.90.8065, and 8415.90.8085.
Although the HTSUS numbers are
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Agencies
[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Notices]
[Pages 71087-71089]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28263]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Welded Carbon Steel Standard Pipe and Tube Products From Turkey:
Final Results of Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 25, 2014, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on welded carbon steel standard pipe and tube
products (welded pipe and tube) from Turkey.\1\ The period of review
(POR) is May 1, 2012, through April 30, 2013. Based on our analysis of
the comments received, we have made no changes in the margin
calculations. Therefore, the final results do not differ from the
Preliminary Results. The final weighted-average dumping margins for the
reviewed firms are listed below in the section entitled ``Final Results
of the Review.'' Further, unchanged from the Preliminary Results, we
continue to find that various companies had no shipments of subject
merchandise during the POR.
---------------------------------------------------------------------------
\1\ See Welded Carbon Steel Standard Pipe and Tube Products From
Turkey: Preliminary Results of Antidumping Duty Administrative
Review; 2012-2013, 79 FR 35999 (June 25, 2014) (Preliminary
Results), and the accompanying Preliminary Decision Memorandum
(PDM).
DATES: Effective Date: December 1, 2014.
[[Page 71088]]
FOR FURTHER INFORMATION CONTACT: Victoria Cho, Fred Baker, or Robert
James, 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) 482-5075, (202) 482-2924, or (202) 482-0649, respectively.
Background
On June 25, 2014, the Department published the Preliminary Results,
and invited interested parties to comment.\2\ On July 30, 2014, we
received case briefs from the petitioner, Wheatland Tube Company
(Wheatland), and one respondent, Borusan Mannesmann Boru Sanayi ve
Ticaret A.S. (Borusan).\3\ On August 6, 2013, we received rebuttal
briefs from Wheatland and Borusan.
---------------------------------------------------------------------------
\2\ See Preliminary Results, 79 FR at 36000.
\3\ As explained in the Preliminary Results, the Department
treats Borusan, Borusan Istikbal Ticaret T.A.S., and Borusan
Lojistik Dagitim Depolama Tasimacilik ve Tic A.S. as the same legal
entity. See 79 FR at 35999 and n.3.
---------------------------------------------------------------------------
The Department has conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
Scope of the Order
The merchandise subject to the order is welded pipe and tube. The
welded pipe and tube subject to the order is currently classifiable
under subheading 7306.30.1000, 7306.30.5025, 7306.30.5032,
7306.30.5040, 7306.30.5055, 7306.30.5085, and 7306.30.5090 of the
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS
subheadings are provided for convenience and customs purposes. The
written description is dispositive.
A full written description of the scope of the order is contained
in the memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Issues and
Decision Memorandum for the Final Results of the Antidumping Duty
Administrative Review: Welded Carbon Steel Standard Pipe and Tube
Products from Turkey; 2012-2013'' (Issues and Decision Memorandum),
which is hereby adopted by this notice and incorporated herein by
reference. 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 (ACCESS).
ACCESS is available to registered users at https://access.trade.gov, and
it is available to all parties in the Central Records Unit, Room 7046
of the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
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.
Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily determined
the following companies had no shipments during the POR: the Borusan
Group, Borusan Holding A.S., Cayirova Boru Sanayi ve Ticaret A.S.,
ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S., Guven Celik Boru San. ve
Tic. Ltd., Guven Steel Pipe, Metaleks Celik Urunleri San. ve Tic. Ltd.
Sti., Metaliks Celik Urunkeri San. ve Tic. Ltd., Toscelik Metal Ticaret
A.S., Toscelik Profil ve Sac Endustrisi A.S., Umran Celik Boru Sanayii
A.S., Umran Steel Pipe Inc., Yucel Boru ve Profil Endustrisi A.S,
Yucelboru Ihracat Ithalat ve Pazarlama A.S., and Yucel Group.\4\
Following publication of the Preliminary Results, we received no
comments from interested parties regarding these companies. As a
consequence, and because the record contains no evidence to the
contrary, we continue to find that none of these companies made
shipments during the POR. Accordingly, consistent with the Department's
practice, we intend to instruct U.S. Customs and Border Protection
(CBP) to liquidate any existing entries of merchandise produced by
these companies, but exported by other parties, at the all-others
rate.\5\
---------------------------------------------------------------------------
\4\ See Preliminary Results, 79 FR at 35999 and the accompanying
PDM at 3-4.
\5\ See, e.g., Magnesium Metal From the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010) (Magnesium Metal), unchanged in
Magnesium Metal From the Russian Federation: Final Results of
Antidumping Duty Administrative Review, 75 FR 56989 (September 17,
2010).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case briefs by parties are addressed in
the Issues and Decision Memorandum. A list of the issues which parties
raised and to which we respond in the Issues and Decision Memorandum is
attached to this notice as an Appendix.
Changes Since the Preliminary Results
Based on a review of the record and our analysis of the comments
received from interested parties on the Preliminary Results, we have
made no changes to the margin calculations.\6\
---------------------------------------------------------------------------
\6\ See the Issues and Decision Memorandum.
---------------------------------------------------------------------------
Final Results of the Review
As a result of this review, we determine that the following
weighted-average dumping margins exist for the period May 1, 2012,
through April 30, 2013:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.\7\ 1.28
Toscelik Profil ve Sac Endustrisi A.S.\8\ 0.00
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Disclosure
We intend to 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).
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\7\ See footnote 3.
\8\ As explained in the Preliminary Results, the Department
treats Toscelik Profil ve Sac Endustrisi A.S. and Tosyali Dis
Ticaret A.S. as the same legal entity. See Preliminary Results, 79
FR at 35999 & n.3. However, the Department no longer includes
Toscelik Metal Ticaret A.S. as part of this entity because it ceased
to exist prior to the POR. Id.
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Assessment Rates
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries covered by this review pursuant to
section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of these final results of review in the Federal
Register.
For Borusan, because its weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent), the Department has
calculated importer-specific antidumping duty assessment rates. We
calculated importer-specific ad valorem antidumping duty assessment
rates by aggregating the total amount of dumping calculated for the
examined sales of each importer and dividing each of these amounts by
the total entered value associated with those sales. We will instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review where an importer-specific assessment rate is not zero or
de minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping duties any entries for which
the importer-specific assessment rate is zero or de minimis.
For Toscelik Profil ve Sac Endustrisi A.S. (Toscelik), we will
instruct CBP to
[[Page 71089]]
liquidate its entries during the POR imported by the importer
identified in its questionnaire responses without regard to antidumping
duties because its weighted-average dumping margin in these final
results is zero.\9\
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\9\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103 (February 14,
2012).
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\10\ This clarification applies to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did not know
that the merchandise they sold to an intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate established in the less-than-fair-value (LTFV)
investigation \11\ if there is no rate for the intermediate
company(ies) involved in the transaction.\12\
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\10\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
\11\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products From Turkey, 51 FR 17784, 17784 (May 15,
1986) (Order).
\12\ See Assessment Policy Notice for a full discussion of this
clarification.
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For the companies identified above as having had no shipments,
because the Department has determined that each of these companies had
no shipments during the POR for which they had knowledge, all entries
entered under each of their cash deposit rates will be liquidated at
the all-others rate established in the LTFV investigation.\13\
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\13\ See Magnesium Metal, 75 FR at 26923; Assessment Policy
Notice, 68 FR 23954; see also Order, 51 FR at 17784.
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided by section 751(a)(2)(C) of
the Act: (1) The cash deposit rates for Borusan and Toscelik will be
equal to the weighted-average dumping margins established in the final
results of this review; (2) for previously reviewed or investigated
companies not participating in this review, the cash deposit rate will
continue to be the company-specific rate established from a completed
segment of this proceeding for the most recent period; (3) if the
exporter is not a firm covered in this review, a previous review, or
the original LTFV investigation, but the manufacturer is, the cash
deposit rate will be the rate established from a completed segment of
this proceeding for the most recent period for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 14.74 percent, the all-others rate
established in the LTFV investigation.\14\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\14\ See Order, 51 FR at 17784.
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Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred, and the subsequent
assessment of double antidumping duties.
Notifications to Interested Parties
In accordance with 19 CFR 351.305(a)(3), this notice serves as the
only reminder to parties subject to administrative protective order
(APO) of their responsibility concerning the disposition of proprietary
information disclosed under APO. Timely written notification of return
or 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.
These final results of review and notice are published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Issue 1: Physical Characteristic for Grade
Issue 2: Whether the Department Should Collapse ASTM A53 grade A
and ASTM A53 grade B into a Single Grade Category
Issue 3: Duty Drawback and Treatment of the Resource Utilization
Support Fund Tax
Issue 4: Duty Drawback and Yield Loss Factor
Issue 5: Differential Pricing
Issue 6: Withdrawal of the Regulatory Provisions Governing
Targeted Dumping in Less-Than-Fair-Value Investigations
Recommendation
[FR Doc. 2014-28263 Filed 11-28-14; 8:45 am]
BILLING CODE 3510-DS-P