Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 32090-32092 [2015-13807]
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32090
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e),
751(a)(1), and 777(i)(1) of the Act.
516A(e) of the Tariff Act of 1930, as
amended (‘‘the Act’’), the Department
must publish a notice of a court
decision that is not ‘‘in harmony’’ with
a Department determination and must
suspend liquidation of entries pending
a ‘‘conclusive’’ court decision. The
Court’s judgment in TMI II sustaining
the Final Remand Results constitutes a
final decision of the Court that is not in
harmony with the Department’s Final
Results. This notice is published in
fulfillment of the publication
requirement of Timken.
Dated: May 29, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Amended Final Results
International Trade Administration
Because there is now a final court
decision, the Department is amending
the Final Results with respect to the
surrogate value for truck freight and
financial ratios, in addition to correcting
the errors in its calculation of the labor
rate. The revised weighted-average
dumping margin for TMI during the
period May 1, 2009, through April 30,
2010, is as follows:
[FR Doc. 2015–13828 Filed 6–4–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[A–489–501]
Welded Carbon Steel Standard Pipe
and Tube Products From Turkey:
Preliminary Results of Antidumping
Duty Administrative Review; 2013–
2014
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: In response to a request by
interested parties,1 the Department of
WEIGHTED-AVERAGE DUMPING
Commerce (the Department) is
MARGIN:
conducting an administrative review of
the antidumping duty order on welded
Weighted- carbon steel standard pipe and tube
average
products (welded pipe and tube) from
Exporter
dumping
Turkey.2 The period of review (POR) is
margin
(percent)
May 1, 2013, to April 30, 2014. This
review covers the following companies:
TMI ..............................................
51.26 Borusan Istikbal Ticaret T.A.S., and
Borusan Mannesmann Boru Sanayi ve
Accordingly, the Department will
Ticaret A.S. (collectively ‘‘Borusan’’);
continue the suspension of liquidation
ERBOSAN Erciyas Boru Sanayi ve
of the subject merchandise pending the
Ticaret A.S. (Erbosan); Toscelik Profil ve
Sac Endustrisi A.S. (Toscelik) and
expiration of the period of appeal or, if
Tosyali Dis Ticaret A.S. (Tosyali)
appealed, pending a final and
(collectively ‘‘Toscelik’’).3 The
conclusive court decision. In the event
the Court’s ruling is not appealed or, if
1 Wheatland Tube Company, Borusan
appealed, upheld by the CAFC, the
Mannesmann Boru Sanayi ve Ticaret A.S., and
Department will instruct U.S. Customs
Borusan Istikbal Ticaret requested the instant
and Border Protection to assess
administrative review.
2 See Initiation of Antidumping and
antidumping duties on unliquidated
entries of subject merchandise exported Countervailing Duty Administrative Reviews, 79 FR
36462 (June 27, 2014) (Initiation Notice). The
by the above listed exporter at the rate
Initiation Notice inadvertently referenced the
listed above.
incorrect order title. This Federal Register notice
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Cash Deposit Requirements
Since the Final Remand Results, the
Department has established a new cash
deposit rate for TMI.13 Therefore, the
cash deposit rate for TMI does not need
to be updated as a result of these
amended final results.
13 See Pure Magnesium From the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2011–2012, 79 FR 94
(January 2, 2014); Pure Magnesium From the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2013–
2014, 80 FR 26541 (May 8, 2015).
VerDate Sep<11>2014
18:31 Jun 04, 2015
Jkt 235001
AGENCY:
and the decision memorandum accompanying these
preliminary results use the original and correct
order title, as reflected in the original 1986 order.
See Antidumping Duty Order; Welded Carbon Steel
Standard Pipe and Tube Products from Turkey, 51
FR 17784 (May 15, 1986).
3 In prior segments of this proceeding, we treated
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
and Borusan Istikbal Ticaret T.A.S. as the same
legal entity. See, e.g., Welded Carbon Steel
Standard Pipe and Tube Products From Turkey:
Final Results of Antidumping Duty Administrative
Review; 2012–2013, 79 FR 71087, 71088 (December
1, 2014). We preliminarily determine that there is
no evidence on the record for altering such
treatment of these two parties, referred to
collectively as Borusan. Similarly, in prior segments
of this proceeding we treated Toscelik and Tosyali
as the same legal entity. See, e.g., id. There is also
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Fmt 4703
Sfmt 4703
Department preliminarily determines
that Borusan and Toscelik both made
U.S. sales of subject merchandise below
normal value. In addition, the
Department preliminarily finds that
Erbosan had no shipments. The
preliminary results are listed below in
the section titled ‘‘Preliminary Results
of Review.’’
DATES: Effective Date: June 5, 2015.
FOR FURTHER INFORMATION CONTACT: Fred
Baker, Deborah Scott, or Robert James at
(202) 482–2924, (202) 482–2657, or
(202) 482–0649, respectively; 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.
SUPPLEMENTARY INFORMATION:
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
7306.30.10.00, 7306.30.50.25,
7306.30.50.32, 7306.30.50.40,
7306.30.50.55, 7306.30.50.85, and
7306.30.50.90 of the Harmonized Tariff
Schedule of the United States (HTSUS).
The HTSUS subheading is provided for
convenience and customs purposes. A
full 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,
‘‘Decision Memorandum for Preliminary
Results of Antidumping Duty
Administrative Review: Welded Carbon
Steel Standard Pipe and Tube Products
from Turkey; 2013–2014 Administrative
Review’’ (Preliminary Decision
Memorandum), which is hereby
adopted by this notice. The written
description of the scope of the order is
dispositive.
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of
1930, as amended (the Act). Export
price is calculated in accordance with
section 772 of the Act. Normal value
(NV) is calculated in accordance with
section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
no record evidence for altering this treatment.
Therefore, for these preliminary results, we are
treating Toscelik and Tosyali as the same legal
entity.
E:\FR\FM\05JNN1.SGM
05JNN1
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices
Preliminary 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 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
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as the Appendix to this notice.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Preliminary Determination of No
Shipments
On July 15, 2014, Erbosan submitted
a letter certifying that it had no exports,
sales, or entries of subject merchandise
to the United States during the POR,
and that it did not know or have reason
to know that any of its customers would
subsequently export or sell subject
merchandise exported by Erbosan to the
United States. On August 22, 2014, the
Department issued a ‘‘No Shipment
Inquiry’’ to U.S. Customs and Border
Protection (CBP) to confirm that there
were no entries of welded pipe and tube
from Turkey exported by Erbosan
during the POR. In response, CBP
communicated to the Department that
its data indicated that subject
merchandise exported by Erbosan may
have entered the United States during
the POR. Therefore, we obtained U.S.
entry documents for these shipments,
and upon analysis conclude that the
record does not support finding that
Erbosan had knowledge that the
destination for these shipments was the
United States.4 The Department also
requested clarification from Erbosan
regarding these shipments, and Erbosan
again confirmed that during the POR, it
did not export subject merchandise to
any customer in the United States or to
any customer outside the United States
knowing the final destination was the
United States. Erbosan also certified that
it did not sell subject merchandise to
any domestic customer which
purchased the subject merchandise for
export to the United States, nor did it
have knowledge that any of its
4 See Memorandum to the File from Fred Baker,
‘‘U.S. Entry Documents—Welded Carbon Steel
Standard Pipe and Tube Products from Turkey,’’
dated January 30, 2015.
VerDate Sep<11>2014
18:31 Jun 04, 2015
Jkt 235001
customers would subsequently export or
sell Erbosan’s subject merchandise to
the United States. As previously noted,
we have found nothing in the U.S. entry
documents or elsewhere on the record
that contradicts these claims.
Based on Erbosan’s certifications and
our analysis of the other information on
the record referenced above, we
preliminarily determine that Erbosan
had no shipments during the POR.
However, consistent with our practice,
the Department finds that it is not
appropriate to rescind the review with
respect to Erbosan, but rather to
complete the review with respect to
Erbosan, and to issue appropriate
instructions to CBP based on the final
results of this review.
Preliminary Results of Review
As a result of this review, we
preliminarily determine that the
weighted-average dumping margins for
the period May 1, 2013 through April
30, 2014 are as follows:
32091
filed document in its entirety by 5 p.m.
Eastern Time.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS, within 30
days after the date of publication of this
notice.12 Requests should contain: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case and rebuttal briefs.
Unless otherwise extended, the
Department intends to issue the final
results of this administrative review,
including the results of its analysis of
the 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.
Assessment Rates
Upon completion of the
Weightedadministrative review, the Department
Average
shall determine, and CBP shall assess,
Producer or exporter
dumping
margin
antidumping duties on all appropriate
(percent)
entries in accordance with 19 CFR
351.212(b)(1). We intend to issue
Borusan Mannesmann Boru
Sanayi ve Ticaret A.S 5 ...........
3.16 instructions to CBP 15 days after the
date of publication of the final results of
Toscelik Profil ve Sac Endustrisi
A.S 6 ........................................
1.77 this review.
If Borusan’s or Toscelik’s weighted5 Also includes Borusan Istikbal Ticaret
average dumping margins are not zero
T.A.S. See footnote 3.
6 Also includes Tosyali Dis Ticaret A.S. See
or de minimis (i.e., less than 0.5 percent)
in the final results of this review, we
footnote 3.
will calculate importer-specific
Disclosure and Public Comment
assessment rates on the basis of the ratio
The Department will disclose to
of the total amount of dumping
interested parties the calculations
calculated for the importer’s examined
performed in connection with these
sales and the total entered value of the
preliminary results within five days of
sales in accordance with 19 CFR
the date of publication of this notice.7
351.212(b)(1). Where either a
Interested parties may submit case briefs respondent’s weighted-average dumping
no later than 30 days after the date of
margin is zero or de minimis, or an
publication of this notice.8 Rebuttal
importer-specific assessment rate is zero
briefs, limited to issues raised in the
or de minimis, we will instruct CBP to
case briefs, may be filed not later than
liquidate the appropriate entries
five days after the due date for filing
without regard to antidumping duties.
With respect to Erbosan, if we
case briefs.9 Parties who submit case
continue to find that Erbosan had no
briefs or rebuttal briefs in this
shipments of subject merchandise in the
proceeding are encouraged to submit
final results, we will instruct CBP to
with each argument: (1) A statement of
liquidate any existing entries of
the issue; (2) a brief summary of the
merchandise produced by Erbosan, but
argument; and (3) a table of
exported by other parties, at the rate for
authorities.10 Case and rebuttal briefs
the intermediate reseller, if available, or
should be filed using ACCESS.11 In
order to be properly filed, ACCESS must at the all-others rate.13
successfully receive an electronically12 See
7 See
19 CFR 351.224(b).
8 See 19 CFR 351.309(c)(1)(ii).
9 See 19 CFR 351.309(d).
10 See 19 CFR 351.309(c)(2) and (d)(2).
11 See 19 CFR 351.303.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
19 CFR 351.310(c).
e.g., Magnesium Metal From the Russian
Federation: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 26922, 26923
(May 13, 2010), unchanged in Magnesium Metal
From the Russian Federation: Final Results of
13 See,
E:\FR\FM\05JNN1.SGM
Continued
05JNN1
32092
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices
Cash Deposit Requirements
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 Borusan and
Toscelik will be equal to the weightedaverage dumping margin established in
the final results of this review, except if
the rate is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for other manufacturers and
exporters covered in a prior segment of
the proceeding, the cash deposit rate
will continue to be the companyspecific rate published for the most
recently completed segment of this
proceeding in which that manufacturer
or exporter participated; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
less-than-fair-value (LTFV)
investigation, but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recently
completed segment of this proceeding
for the manufacturer of subject
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.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) 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.
Dated: May 29, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
VerDate Sep<11>2014
18:31 Jun 04, 2015
Jkt 235001
Scope of the Order
International Trade Administration
The merchandise covered by this
order is all grades of garlic, whether
whole or separated into constituent
cloves.3 The subject merchandise is
currently classifiable under the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheadings:
0703.20.0000, 0703.20.0005,
0703.20.0010, 0703.20.0015,
0703.20.0020, 0703.20.0090,
0710.80.7060, 0710.80.9750,
0711.90.6000, 0711.90.6500,
2005.90.9500, 2005.90.9700, and
2005.99.9700. A full description of the
scope of the order is contained in the
Preliminary Decision Memorandum.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written product
description is dispositive.
[A–570–831]
Methodology
1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No
Shipments
5. Comparisons to Normal Value
6. Product Comparisons
7. Date of Sale
8. Export Price
9. Normal Value
10. Currency Conversion
11. Recommendation
[FR Doc. 2015–13807 Filed 6–4–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Fresh Garlic From the People’s
Republic of China: Preliminary Intent
To Rescind the New Shipper Review of
Jinxiang Kaihua Imp & Exp Co., Ltd.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(‘‘the Department’’) is conducting a new
shipper review of Jinxiang Kaihua Imp
& Exp Co., Ltd. (Kaihua) regarding the
antidumping duty order on fresh garlic
from the People’s Republic of China
(‘‘the PRC’’). The period of review
(‘‘POR’’) is November 1, 2013 through
April 30, 2014. The Department has
preliminarily determined that Kaihua’s
new shipper sale is not bona fide.
Interested parties are invited to
comment on these preliminary results.
SUMMARY:
DATES:
Effective Date: June 5, 2015.
FOR FURTHER INFORMATION CONTACT:
Milton Koch, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–2584.
SUPPLEMENTARY INFORMATION:
Background
Antidumping Duty Administrative Review, 75 FR
56989 (September 17, 2010).
14 See Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products From
Turkey, 51 FR 17784 (May 15, 1986).
30, 2014.1 On December 15, 2014, the
Department extended the deadline for
the preliminary results to June 3, 2015.2
On August 7, 2014, the Department
published notice of initiation of a new
shipper review of fresh garlic from the
People’s Republic of China for the
period November 1, 2013 through April
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Fmt 4703
Sfmt 4703
The Department is conducting this
review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as
amended (‘‘the Act’’), and 19 CFR
351.214. For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s centralized electronic
service system (‘‘ACCESS’’). ACCESS is
available to registered users at https://
access.trade.gov and in the
Department’s Central Records Unit,
Room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
1 See Fresh Garlic from the People’s Republic of
China: Initiation of Antidumping Duty New Shipper
Review; 2013–2014, 79 FR 46250 (August 7, 2014).
2 See the Department Memorandum ‘‘Fresh Garlic
from the People’s Republic of China: Extension of
Deadline for Preliminary Results of Antidumping
Duty New Shipper Review,’’ dated December 12,
2014.
3 See the Department Memorandum, ‘‘Decision
Memorandum for the Preliminary Results of the
Antidumping Duty New Shipper Review of Fresh
Garlic from the People’s Republic of China: Jinxiang
Kaihua Imp & Exp Co., Ltd.’’ dated concurrently
with and hereby adopted by this notice
(Preliminary Decision Memorandum), for a
complete description of the Scope of the Order.
E:\FR\FM\05JNN1.SGM
05JNN1
]]>Agencies
[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Pages 32090-32092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13807]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Welded Carbon Steel Standard Pipe and Tube Products From Turkey:
Preliminary Results of Antidumping Duty Administrative Review; 2013-
2014
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: In response to a request by interested parties,\1\ the
Department of Commerce (the Department) is conducting an administrative
review of the antidumping duty order on welded carbon steel standard
pipe and tube products (welded pipe and tube) from Turkey.\2\ The
period of review (POR) is May 1, 2013, to April 30, 2014. This review
covers the following companies: Borusan Istikbal Ticaret T.A.S., and
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (collectively
``Borusan''); ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan);
Toscelik Profil ve Sac Endustrisi A.S. (Toscelik) and Tosyali Dis
Ticaret A.S. (Tosyali) (collectively ``Toscelik'').\3\ The Department
preliminarily determines that Borusan and Toscelik both made U.S. sales
of subject merchandise below normal value. In addition, the Department
preliminarily finds that Erbosan had no shipments. The preliminary
results are listed below in the section titled ``Preliminary Results of
Review.''
---------------------------------------------------------------------------
\1\ Wheatland Tube Company, Borusan Mannesmann Boru Sanayi ve
Ticaret A.S., and Borusan Istikbal Ticaret requested the instant
administrative review.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 79 FR 36462 (June 27, 2014) (Initiation
Notice). The Initiation Notice inadvertently referenced the
incorrect order title. This Federal Register notice and the decision
memorandum accompanying these preliminary results use the original
and correct order title, as reflected in the original 1986 order.
See Antidumping Duty Order; Welded Carbon Steel Standard Pipe and
Tube Products from Turkey, 51 FR 17784 (May 15, 1986).
\3\ In prior segments of this proceeding, we treated Borusan
Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret
T.A.S. as the same legal entity. See, e.g., Welded Carbon Steel
Standard Pipe and Tube Products From Turkey: Final Results of
Antidumping Duty Administrative Review; 2012-2013, 79 FR 71087,
71088 (December 1, 2014). We preliminarily determine that there is
no evidence on the record for altering such treatment of these two
parties, referred to collectively as Borusan. Similarly, in prior
segments of this proceeding we treated Toscelik and Tosyali as the
same legal entity. See, e.g., id. There is also no record evidence
for altering this treatment. Therefore, for these preliminary
results, we are treating Toscelik and Tosyali as the same legal
entity.
---------------------------------------------------------------------------
DATES: Effective Date: June 5, 2015.
FOR FURTHER INFORMATION CONTACT: Fred Baker, Deborah Scott, or Robert
James at (202) 482-2924, (202) 482-2657, or (202) 482-0649,
respectively; 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.
SUPPLEMENTARY INFORMATION:
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 7306.30.10.00, 7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90 of the
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS
subheading is provided for convenience and customs purposes. A full
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, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Welded Carbon Steel
Standard Pipe and Tube Products from Turkey; 2013-2014 Administrative
Review'' (Preliminary Decision Memorandum), which is hereby adopted by
this notice. The written description of the scope of the order is
dispositive.
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price is calculated in accordance with section 772 of the Act.
Normal value (NV) is calculated in accordance with section 773 of the
Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The
[[Page 32091]]
Preliminary 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
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 Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic version of the Preliminary
Decision Memorandum are identical in content. A list of the topics
discussed in the Preliminary Decision Memorandum is attached as the
Appendix to this notice.
Preliminary Determination of No Shipments
On July 15, 2014, Erbosan submitted a letter certifying that it had
no exports, sales, or entries of subject merchandise to the United
States during the POR, and that it did not know or have reason to know
that any of its customers would subsequently export or sell subject
merchandise exported by Erbosan to the United States. On August 22,
2014, the Department issued a ``No Shipment Inquiry'' to U.S. Customs
and Border Protection (CBP) to confirm that there were no entries of
welded pipe and tube from Turkey exported by Erbosan during the POR. In
response, CBP communicated to the Department that its data indicated
that subject merchandise exported by Erbosan may have entered the
United States during the POR. Therefore, we obtained U.S. entry
documents for these shipments, and upon analysis conclude that the
record does not support finding that Erbosan had knowledge that the
destination for these shipments was the United States.\4\ The
Department also requested clarification from Erbosan regarding these
shipments, and Erbosan again confirmed that during the POR, it did not
export subject merchandise to any customer in the United States or to
any customer outside the United States knowing the final destination
was the United States. Erbosan also certified that it did not sell
subject merchandise to any domestic customer which purchased the
subject merchandise for export to the United States, nor did it have
knowledge that any of its customers would subsequently export or sell
Erbosan's subject merchandise to the United States. As previously
noted, we have found nothing in the U.S. entry documents or elsewhere
on the record that contradicts these claims.
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\4\ See Memorandum to the File from Fred Baker, ``U.S. Entry
Documents--Welded Carbon Steel Standard Pipe and Tube Products from
Turkey,'' dated January 30, 2015.
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Based on Erbosan's certifications and our analysis of the other
information on the record referenced above, we preliminarily determine
that Erbosan had no shipments during the POR. However, consistent with
our practice, the Department finds that it is not appropriate to
rescind the review with respect to Erbosan, but rather to complete the
review with respect to Erbosan, and to issue appropriate instructions
to CBP based on the final results of this review.
Preliminary Results of Review
As a result of this review, we preliminarily determine that the
weighted-average dumping margins for the period May 1, 2013 through
April 30, 2014 are as follows:
------------------------------------------------------------------------
Weighted-
Average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S \5\........... 3.16
Toscelik Profil ve Sac Endustrisi A.S \6\................... 1.77
------------------------------------------------------------------------
\5\ Also includes Borusan Istikbal Ticaret T.A.S. See footnote 3.
\6\ Also includes Tosyali Dis Ticaret A.S. See footnote 3.
Disclosure and Public Comment
The Department will disclose to interested parties the calculations
performed in connection with these preliminary results within five days
of the date of publication of this notice.\7\ Interested parties may
submit case briefs no later than 30 days after the date of publication
of this notice.\8\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed not later than five days after the due date
for filing case briefs.\9\ Parties who submit case briefs or rebuttal
briefs in this proceeding are encouraged to submit with each argument:
(1) A statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\10\ Case and rebuttal briefs should be
filed using ACCESS.\11\ In order to be properly filed, ACCESS must
successfully receive an electronically-filed document in its entirety
by 5 p.m. Eastern Time.
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS, within 30 days after the
date of publication of this notice.\12\ Requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
and rebuttal briefs.
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\12\ See 19 CFR 351.310(c).
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Unless otherwise extended, the Department intends to issue the
final results of this administrative review, including the results of
its analysis of the 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.
Assessment Rates
Upon completion of the administrative review, the Department shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries in accordance with 19 CFR 351.212(b)(1). We intend to issue
instructions to CBP 15 days after the date of publication of the final
results of this review.
If Borusan's or Toscelik's weighted-average dumping margins are not
zero or de minimis (i.e., less than 0.5 percent) in the final results
of this review, we will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of dumping calculated for
the importer's examined sales and the total entered value of the sales
in accordance with 19 CFR 351.212(b)(1). Where either a respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
With respect to Erbosan, if we continue to find that Erbosan had no
shipments of subject merchandise in the final results, we will instruct
CBP to liquidate any existing entries of merchandise produced by
Erbosan, but exported by other parties, at the rate for the
intermediate reseller, if available, or at the all-others rate.\13\
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\13\ See, e.g., Magnesium Metal From the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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[[Page 32092]]
Cash Deposit Requirements
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 Borusan and
Toscelik will be equal to the weighted-average dumping margin
established in the final results of this review, except if the rate is
zero or de minimis within the meaning of 19 CFR 351.106(c)(1), in which
case the cash deposit rate will be zero; (2) for other manufacturers
and exporters covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment of this proceeding in which
that manufacturer or exporter participated; (3) if the exporter is not
a firm covered in this review, a prior review, or the original less-
than-fair-value (LTFV) investigation, but the manufacturer is, then the
cash deposit rate will be the rate established for the most recently
completed segment of this proceeding for the manufacturer of subject
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 Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products From Turkey, 51 FR 17784 (May 15, 1986).
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) 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.
Dated: May 29, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Comparisons to Normal Value
6. Product Comparisons
7. Date of Sale
8. Export Price
9. Normal Value
10. Currency Conversion
11. Recommendation
[FR Doc. 2015-13807 Filed 6-4-15; 8:45 am]
BILLING CODE 3510-DS-P
