Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 80749-80751 [2015-32631]
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Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
margin in the final results of review is
not zero or de minimis (i.e., less than 0.5
percent), the Department intends to
calculate importer-specific assessment
rates, in accordance with 19 CFR
351.212(b)(1).20 Where the respondent
reported reliable entered values, the
Department intends to calculate
importer-specific ad valorem
assessment rates by aggregating the
amount of dumping calculated for all
U.S. sales to the importer and dividing
this amount by the total entered value
of the sales to the importer.21 Where the
importer did not report entered values,
the Department calculates an importerspecific assessment rates by dividing the
amount of dumping for reviewed sales
to the importer- by the total sales
quantity associated with those
transactions. In addition, the
Department will calculate an estimated
ad valorem importer-specific
assessment rate to determine whether
this rate is de minimis, however, the
Department will direct CBP to assess
importer-specific assessment rates based
on the resulting per-unit rates.22 Where
an importer-specific ad valorem is not
zero or de minimis, the Department will
instruct CBP to collect the appropriate
duties at the time of liquidation. Where
either the respondent’s weighted
average dumping margin is zero or de
minimis, or an importer-specific ad
valorem assessment rate is zero or de
minimis, the Department will instruct
CBP to liquidate appropriate entries
without regard to antidumping duties.23
On October 24, 2011, the Department
announced a refinement to its
assessment practice in NME
antidumping duty proceedings.24
Pursuant to this refinement in practice,
for entries that were not reported in the
U.S. sales database submitted by an
exporter individually examined during
this review, the Department will
instruct CBP to liquidate such entries at
the rate for the PRC-wide entity.
Additionally, pursuant to this
refinement, if the Department
determines that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s CBP
20 See Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (‘‘Final Modification’’).
21 See 19 CFR 351.212(b)(1).
22 Id.
23 See Final Modification, 77 FR at 8103.
24 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
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case number will be liquidated at the
rate for the PRC-wide entity.
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
The Department will instruct CBP to
require a cash deposit for antidumping
duties equal to the weighted-average
amount by which the normal value
exceeds U.S. price. The following cash
deposit requirements will be effective
upon publication of the final results of
this administrative review for shipments
of the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of this notice, as
provided by section 751(a)(2)(C) of the
Act: (1) For the exporters listed above,
the cash deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review (except, if the rate is de minimis
(i.e., less than 0.5 percent), then the cash
deposit rate will be zero for that
exporter); (2) for previously investigated
or reviewed PRC and non-PRC exporters
not listed above that have separate rates,
the cash deposit rate will continue to be
the exporter-specific rate published for
the most recently completed segment of
this proceeding; (3) for all PRC exporters
of subject merchandise which have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
rate for the PRC-wide entity (i.e., 238.95
percent 25) and (4) for all non-PRC
exporters of subject merchandise that
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
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 and/or
countervailing duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
and/or countervailing duties has
25 See
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AR1 Final Results, 80 FR at 41002.
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80749
occurred, and the subsequent
assessment of double antidumping
duties and/or increase the amount of
antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213 and 351.221(b)(4).
Dated: December 18, 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. Duty Absorption
5. Preliminary Determination of No
Shipments
6. Selection of Respondents
7. Single Entity Treatment
8. Discussion of the Methodology
a. NME Country
b. Separate Rates
c. Application of Partial FA and AFA
d. Surrogate Country
e. Date of Sale
f. Fair Value Comparisons
g. U.S. Price
h. Normal Value
i. Section 777A(f) of the Act
j. Currency Conversion
9. Conclusion
[FR Doc. 2015–32630 Filed 12–24–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–825]
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From
the Republic of Turkey: Preliminary
Affirmative Countervailing Duty
Determination and Alignment of Final
Determination With Final Antidumping
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of heavy
walled rectangular welded carbon steel
pipes and tubes (HWR pipes and tubes)
from the Republic of Turkey (Turkey).
The period of investigation is January 1,
2014, through December 31, 2014.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
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DATES:
Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices
Effective Date: December 28,
2015.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Reza Karamloo, Office II,
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1766 or (202) 482–
4470, respectively.
Alignment of Final Countervailing Duty
(CVD) Determination With Final
Antidumping Duty (AD) Determination
On the same day the Department
initiated this CVD investigation, the
Department also initiated AD
investigations of HWR pipes and tubes
from the Republic of Korea, Mexico, and
Turkey.1 The CVD and AD
investigations cover the same
merchandise. On November 23, 2015, in
accordance with section 705(a)(1) of the
Tariff Act of 1930, as amended (the Act),
the petitioners 2 requested alignment of
the final CVD determination of HWR
pipes and tubes from Turkey with the
final AD determination of HWR pipes
and tubes from Turkey. Therefore, in
accordance with section 705(a)(1) of the
Act and 19 CFR 351.210(b)(4), we are
aligning the final CVD determination
with the final AD determination.
Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
May 2, 2016, unless postponed.
Scope of the Investigation
The products covered by this
investigation are HWR pipes and tubes
from Turkey. For a full description of
the scope of this investigation, see
Appendix I.
Scope Comments
We did not receive any comments
concerning the scope of this
investigation.
section 701 of the Act. For each of the
subsidy programs found
countervailable, we preliminarily
determine that there is a subsidy (i.e., a
financial contribution by an ‘‘authority’’
that gives rise to a benefit to the
recipient) and that the subsidy is
specific.3 For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.4
The 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 B8024 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.
Preliminary Determination and
Suspension of Liquidation
In accordance with section
703(d)(1)(A)(i) of the Act, we calculated
a CVD rate for each individuallyinvestigated producer/exporter of the
subject merchandise. For companies not
individually investigated, we calculated
an ‘‘all-others’’ rate as described below.
We preliminarily determine the
countervailable subsidy rates to be:
Subsidy rate
(percent)
Company
MMZ Onur Boru Profil uretim
San Ve Tic. A.S. ...............
Ozdemir Boru Profil San ve
Tic. Ltd Sti. ........................
All-Others ..............................
7.69
1.35
4.39
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Methodology
The Department is conducting this
CVD investigation in accordance with
In accordance with sections
703(d)(1)(B) and (2) of the Act, we are
directing U.S. Customs and Border
Protection to suspend liquidation of all
entries of HWR pipes and tubes from
1 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Turkey:
Initiation of Countervailing Duty Investigation, 80
FR 49207 (August 17, 2015) (Initiation Notice). See
also Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes From the Republic of Korea,
Mexico, and the Republic of Turkey: Initiation of
Less-Than-Fair-Value Investigations, 80 FR 49202
(August 17, 2015).
2 The petitioners in this investigation are Atlas
Tube, a division of JMC Steel Group, Bull Moose
Tube Company, EXLTUBE, Hannibal Industries,
Inc., Independence Tube Corporation, Maruichi
American Corporation, Searing Industries,
Southland Tube, and Vest, Inc.
3 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.
4 See Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ‘‘Countervailing
Duty Investigation of Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from the
Republic of Turkey: Decision Memorandum for the
Preliminary Determination,’’ dated concurrently
with this notice (Preliminary Decision
Memorandum).
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Sfmt 4703
Turkey that are entered, or withdrawn
from warehouse, for consumption on or
after the date of the publication of this
notice in the Federal Register, and to
require a cash deposit for such entries
of merchandise in the amounts
indicated above.
In accordance with sections 703(d)
and 705(c)(5)(A) of the Act, for
companies not investigated, we apply
an ‘‘all-others’’ rate, which is normally
calculated by weighting the subsidy
rates of the individual companies
selected as respondents by those
companies’ exports of the subject
merchandise to the United States.5 The
‘‘all-others’’ rate does not include zero
and de minimis rates or any rates based
solely on the facts available.
Verification
As provided in section 782(i)(1) of the
Act, we intend to verify the information
submitted by the respondents prior to
making our final determination.
U.S. International Trade Commission
In accordance with section 703(f) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
our determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information relating to this
investigation. We will allow the ITC
access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
publicly or under an administrative
protective order, without the written
consent of the Assistant Secretary for
Enforcement and Compliance.
In accordance with section 705(b)(2)
of the Act, if our final determination is
affirmative, the ITC will make its final
determination within 45 days after the
Department makes its final
determination.
Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement.6
Interested parties may submit case
briefs, rebuttal briefs, and hearing
requests.7 For a schedule of the
5 See Memorandum to the File, ‘‘Calculation of
the ‘‘All-Others’’ Rate in the Preliminary
Determination of the Countervailing Duty
Investigation of Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from the Republic of
Turkey’’ (December 18, 2015). We calculated a
weighted average of the rates of MMZ and Ozdemir
using publicly-ranged data so as not to disclose the
respondents’ business proprietary information.
6 See 19 CFR 351.224(b).
7 See 19 CFR 351.309(c)–(d), 19 CFR 351.310(c).
E:\FR\FM\28DEN1.SGM
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Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Notices
deadlines for filing case briefs, rebuttal
briefs, and hearing requests, see the
Preliminary Decision Memorandum.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: December 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Scope of the Investigation
The products covered by this investigation
are certain heavy walled rectangular welded
steel pipes and tubes of rectangular
(including square) cross section, having a
nominal wall thickness of not less than 4
mm. The merchandise includes, but is not
limited to, the American Society for Testing
and Materials (ASTM) A–500, grade B
specifications, or comparable domestic or
foreign specifications.
Included products are those in which: (1)
Iron predominates, by weight, over each of
the other contained elements; (2) the carbon
content is 2 percent or less, by weight; and
(3) none of the elements below exceeds the
quantity, by weight, respectively indicated:
• 2.50 percent of manganese, or
• 3.30 percent of silicon, or
• 1.50 percent of copper, or
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 2.0 percent of nickel, or
• 0.30 percent of tungsten, or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium (also called
columbium), or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium.
The subject merchandise is currently
provided for in item 7306.61.1000 of the
Harmonized Tariff Schedule of the United
States (HTSUS). Subject merchandise may
also enter under HTSUS 7306.61.3000. While
the HTSUS subheadings and ASTM
specification are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
mstockstill on DSK4VPTVN1PROD with NOTICES
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Respondent Selection
VII. Injury Test
VIII. Subsidies Valuation
IX. Analysis of Programs
X. ITC Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Conclusion
BILLING CODE 3510–DS–P
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Jkt 238001
International Trade Administration
[A–570–020, C–570–021]
Melamine From the People’s Republic
of China: Antidumping Duty and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (‘‘Department’’) and the
International Trade Commission
(‘‘ITC’’), the Department is issuing
antidumping duty (‘‘AD’’) and
countervailing duty (‘‘CVD’’) orders on
melamine from the People’s Republic of
China (‘‘PRC’’).
DATES: Effective Date: December 28,
2015.
FOR FURTHER INFORMATION CONTACT:
James Terpstra at (202) 482–3965 or
Brendan Quinn at (202) 482–5848, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Appendix I
[FR Doc. 2015–32631 Filed 12–24–15; 8:45 am]
DEPARTMENT OF COMMERCE
Background
On November 6, 2015, the Department
published its final affirmative
determination of sales at less than fair
value (‘‘LTFV’’) and its final affirmative
determination that countervailable
subsidies are being provided to
producers and exporters of melamine
from the PRC.1 On December 18, 2015,
the ITC notified the Department of its
final affirmative determination pursuant
to section 735(b)(1)(A)(i) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
that an industry in the United States is
materially injured by reason of LTFV
imports and subsidized imports of
melamine from the PRC.2
Scope of the Orders
The merchandise subject to these
orders is melamine (Chemical Abstracts
Service (‘‘CAS’’) registry number 108–
78–01, molecular formula C3H6N6).3
1 See Melamine From the People’s Republic of
China: Final Determination of Sales at Less Than
Fair Value, 80 FR 68851 (November 6, 2015) (‘‘AD
Final Determination’’). See also Melamine From the
People’s Republic of China: Final Affirmative
Countervailing Duty Determination, 80 FR 68847
(November 6, 2015).
2 See ITC Notification Letter to the Deputy
Assistant Secretary for Enforcement and
Compliance referencing ITC Investigation Nos. 701–
TA–526–527 and 731–TA–1262–1263 (December
18, 2015) (‘‘ITC Notification’’).
3 Melamine is also known as 2,4,6-triamino-striazine; l,3,5-Triazine-2,4,6-triamine;
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
80751
Melamine is a crystalline powder or
granule typically (but not exclusively)
used to manufacture melamine
formaldehyde resins. All melamine is
covered by the scope of these orders
irrespective of purity, particle size, or
physical form. Melamine that has been
blended with other products is included
within this scope when such blends
include constituent parts that have been
intermingled, but that have not been
chemically reacted with each other to
produce a different product. For such
blends, only the melamine component
of the mixture is covered by the scope
of these orders. Melamine that is
otherwise subject to these orders is not
excluded when commingled with
melamine from sources not subject to
this investigation. Only the subject
component of such commingled
products is covered by the scope of
these orders.
The subject merchandise is provided
for in subheading 2933.61.0000 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). Although the
HTSUS subheading and CAS registry
number are provided for convenience
and customs purposes, the written
description of the scope is dispositive.
Antidumping Duty Order
In accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the
ITC has notified the Department of its
final determination in this investigation,
in which it found that imports of
melamine from the PRC are materially
injuring a U.S. industry. Therefore, in
accordance with section 735(c)(2) of the
Act, we are publishing this antidumping
duty order.
As a result of the ITC’s final
determination, in accordance with
section 736(a)(1) of the Act, the
Department will direct U.S. Customs
and Border Protection (‘‘CBP’’) to assess,
upon further instruction by the
Department, antidumping duties equal
to the amount by which the normal
value of the merchandise exceeds the
export price (or constructed export
price) of the merchandise, for all
relevant entries of melamine from the
PRC. These antidumping duties will be
assessed on unliquidated entries from
the PRC entered, or withdrawn from
warehouse, for consumption on or after
June 18, 2015, the date on which the
Department published the AD
Preliminary Determination,4 but will
Cyanurotriamide; Cyanurotriamine; Cyanuramide;
and by various brand names.
4 See Melamine from the People’s Republic of
China: Preliminary Determination of Sales at Less
Than Fair Value, 80 FR 34891 (June 18, 2015) (‘‘AD
Preliminary Determination’’).
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]]>Agencies
[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Notices]
[Pages 80749-80751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32631]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-825]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
the Republic of Turkey: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of heavy walled rectangular welded carbon steel
pipes and tubes (HWR pipes and tubes) from the Republic of Turkey
(Turkey). The period of investigation is January 1, 2014, through
December 31, 2014. Interested parties are invited to comment on this
preliminary determination.
[[Page 80750]]
DATES: Effective Date: December 28, 2015.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Reza Karamloo, Office
II, AD/CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1766 or (202) 482-4470, respectively.
Alignment of Final Countervailing Duty (CVD) Determination With Final
Antidumping Duty (AD) Determination
On the same day the Department initiated this CVD investigation,
the Department also initiated AD investigations of HWR pipes and tubes
from the Republic of Korea, Mexico, and Turkey.\1\ The CVD and AD
investigations cover the same merchandise. On November 23, 2015, in
accordance with section 705(a)(1) of the Tariff Act of 1930, as amended
(the Act), the petitioners \2\ requested alignment of the final CVD
determination of HWR pipes and tubes from Turkey with the final AD
determination of HWR pipes and tubes from Turkey. Therefore, in
accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4),
we are aligning the final CVD determination with the final AD
determination. Consequently, the final CVD determination will be issued
on the same date as the final AD determination, which is currently
scheduled to be issued no later than May 2, 2016, unless postponed.
---------------------------------------------------------------------------
\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Turkey: Initiation of Countervailing Duty
Investigation, 80 FR 49207 (August 17, 2015) (Initiation Notice).
See also Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes From the Republic of Korea, Mexico, and the Republic of
Turkey: Initiation of Less-Than-Fair-Value Investigations, 80 FR
49202 (August 17, 2015).
\2\ The petitioners in this investigation are Atlas Tube, a
division of JMC Steel Group, Bull Moose Tube Company, EXLTUBE,
Hannibal Industries, Inc., Independence Tube Corporation, Maruichi
American Corporation, Searing Industries, Southland Tube, and Vest,
Inc.
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are HWR pipes and tubes
from Turkey. For a full description of the scope of this investigation,
see Appendix I.
Scope Comments
We did not receive any comments concerning the scope of this
investigation.
Methodology
The Department is conducting this CVD investigation in accordance
with section 701 of the Act. For each of the subsidy programs found
countervailable, we preliminarily determine that there is a subsidy
(i.e., a financial contribution by an ``authority'' that gives rise to
a benefit to the recipient) and that the subsidy is specific.\3\ For a
full description of the methodology underlying our preliminary
conclusions, see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\3\ 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.
\4\ See Memorandum from Gary Taverman, Associate Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, ``Countervailing Duty Investigation of Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of
Turkey: Decision Memorandum for the Preliminary Determination,''
dated concurrently with this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
The 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 B8024 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.
Preliminary Determination and Suspension of Liquidation
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated a CVD rate for each individually-investigated producer/
exporter of the subject merchandise. For companies not individually
investigated, we calculated an ``all-others'' rate as described below.
We preliminarily determine the countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
MMZ Onur Boru Profil uretim San Ve Tic. A.S............. 7.69
Ozdemir Boru Profil San ve Tic. Ltd Sti................. 1.35
All-Others.............................................. 4.39
------------------------------------------------------------------------
In accordance with sections 703(d)(1)(B) and (2) of the Act, we are
directing U.S. Customs and Border Protection to suspend liquidation of
all entries of HWR pipes and tubes from Turkey that are entered, or
withdrawn from warehouse, for consumption on or after the date of the
publication of this notice in the Federal Register, and to require a
cash deposit for such entries of merchandise in the amounts indicated
above.
In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for
companies not investigated, we apply an ``all-others'' rate, which is
normally calculated by weighting the subsidy rates of the individual
companies selected as respondents by those companies' exports of the
subject merchandise to the United States.\5\ The ``all-others'' rate
does not include zero and de minimis rates or any rates based solely on
the facts available.
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\5\ See Memorandum to the File, ``Calculation of the ``All-
Others'' Rate in the Preliminary Determination of the Countervailing
Duty Investigation of Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from the Republic of Turkey'' (December 18, 2015).
We calculated a weighted average of the rates of MMZ and Ozdemir
using publicly-ranged data so as not to disclose the respondents'
business proprietary information.
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Verification
As provided in section 782(i)(1) of the Act, we intend to verify
the information submitted by the respondents prior to making our final
determination.
U.S. International Trade Commission
In accordance with section 703(f) of the Act, we will notify the
U.S. International Trade Commission (ITC) of our determination. In
addition, we are making available to the ITC all non-privileged and
non-proprietary information relating to this investigation. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under an administrative
protective order, without the written consent of the Assistant
Secretary for Enforcement and Compliance.
In accordance with section 705(b)(2) of the Act, if our final
determination is affirmative, the ITC will make its final determination
within 45 days after the Department makes its final determination.
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of its public announcement.\6\
Interested parties may submit case briefs, rebuttal briefs, and hearing
requests.\7\ For a schedule of the
[[Page 80751]]
deadlines for filing case briefs, rebuttal briefs, and hearing
requests, see the Preliminary Decision Memorandum.
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\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
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This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: December 18, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation are certain heavy
walled rectangular welded steel pipes and tubes of rectangular
(including square) cross section, having a nominal wall thickness of
not less than 4 mm. The merchandise includes, but is not limited to,
the American Society for Testing and Materials (ASTM) A-500, grade B
specifications, or comparable domestic or foreign specifications.
Included products are those in which: (1) Iron predominates, by
weight, over each of the other contained elements; (2) the carbon
content is 2 percent or less, by weight; and (3) none of the
elements below exceeds the quantity, by weight, respectively
indicated:
2.50 percent of manganese, or
3.30 percent of silicon, or
1.50 percent of copper, or
1.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
2.0 percent of nickel, or
0.30 percent of tungsten, or
0.80 percent of molybdenum, or
0.10 percent of niobium (also called columbium), or
0.30 percent of vanadium, or
0.30 percent of zirconium.
The subject merchandise is currently provided for in item
7306.61.1000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Subject merchandise may also enter under HTSUS
7306.61.3000. While the HTSUS subheadings and ASTM specification are
provided for convenience and customs purposes, the written
description of the scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Respondent Selection
VII. Injury Test
VIII. Subsidies Valuation
IX. Analysis of Programs
X. ITC Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Conclusion
[FR Doc. 2015-32631 Filed 12-24-15; 8:45 am]
BILLING CODE 3510-DS-P
