Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Preliminary Results of Antidumping Duty Administrative Review, and Partial Rescission of Review; 2014-2015, 38131-38134 [2016-13968]
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Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Notices
Whereas, the Board adopts the
findings and recommendations of the
examiner’s memorandum, and finds that
the requirements of the FTZ Act and the
Board’s regulations are satisfied;
Now, therefore, the Board hereby
approves the expansion of Subzone 78A
on behalf of Nissan North America, Inc.,
as described in the application and
Federal Register notice, subject to the
FTZ Act and the Board’s regulations,
including Section 400.13.
Signed at Washington, DC, this 2nd day of
June 2016.
Paul Piquado,
Assistant Secretary of Commerce for
Enforcement and Compliance, Alternate
Chairman, Foreign-Trade Zones Board.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2016–13946 Filed 6–10–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Submission for OMB Review;
Comment Request; Correction
Agency: International Trade
Administration (ITA). Department of
Commerce.
Title: Procedures for Importation of
Supplies for Use in Emergency Relief
Work.
OMB Control Number: 0625–0256.
Type of Request: Regular Submission.
In the Federal Register of April 11,
2016, FR Vol. 81, No, 69, Page 21315–
21316, under Section II. ‘‘Method of
Collection,’’ the second line in the
paragraph after Attention: should read
‘‘Enforcement and Compliance’’ instead
of ‘‘Import Administration.’’
Dated: June 8, 2016.
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2016–13859 Filed 6–10–16; 8:45 am]
BILLING CODE 3510–FP–P
DEPARTMENT OF COMMERCE
International Trade Administration
srobinson on DSK5SPTVN1PROD with NOTICES
[A–570–036]
Certain Biaxial Integral Geogrid
Products from the People’s Republic
of China: Postponement of Preliminary
Determination of Antidumping Duty
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: June 13, 2016.
AGENCY:
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Julia
Hancock or Susan Pulongbarit, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1394, or (202)
482–4031, respectively.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Postponement of Preliminary
Determination
1 See Certain Biaxial Integral Geogrid Products
from the People’s Republic of China: Initiation of
Antidumping Duty Investigation, 81 FR 7755
(February 16, 2016).
2 See Letter to the Secretary of Commerce from
Petitioner ‘‘Request to Postpone Preliminary
Determination’’ (May 27, 2016).
Frm 00005
Fmt 4703
Sfmt 4703
Dated: June 7, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–13953 Filed 6–10–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–501]
On February 16, 2016, the Department
of Commerce (‘‘Department’’) published
a notice initiating an antidumping duty
investigation of certain biaxial integral
geogrid products from the People’s
Republic of China (‘‘PRC’’).1 Section
733(b)(1)(A) of the Tariff Act of 1930, as
amended (‘‘the Act’’), and 19 CFR
351.205(b)(1) state that the Department
will make a preliminary determination
no later than 140 days after the date of
the initiation (i.e., February 8, 2016).
Accordingly, the preliminary
determination of this antidumping duty
investigation is currently due no later
than June 27, 2016.
On May 27, 2016, Tensar Corporation
(‘‘Petitioner’’), made a timely request,
pursuant to 19 CFR 351.205(e), for
postponement of the preliminary
determination, in order to facilitate the
Department’s analysis of respondents’
questionnaire responses and interested
parties’ surrogate value data
submissions. Because there are no
compelling reasons to deny the request,
in accordance with section 733(c)(1)(A)
of the Act, the Department is postponing
the deadline for the preliminary
determination by 50 days.2
For the reasons stated above, the
Department, in accordance with section
733(c)(1)(A) of the Act, is postponing
the deadline for the preliminary
determination to no later than 190 days
after the date on which the Department
initiated this investigation. Therefore,
the new deadline for the preliminary
determination is August 16, 2016. In
accordance with section 735(a)(1) of the
Act, the deadline for the final
determination of this investigation will
continue to be 75 days after the date of
the preliminary determination, unless
postponed at a later date.
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
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38131
Welded Carbon Steel Standard Pipe
and Tube Products From Turkey:
Preliminary Results of Antidumping
Duty Administrative Review, and
Partial Rescission of Review; 20142015
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, 2014, to April 30, 2015. 3 The
AGENCY:
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, 80 FR
37588 (July 1, 2015) (Initiation Notice). The
Department subsequently published a second
initiation notice to correct the spelling of two
company names in that notice. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 45947 (August 3,
2015).
3 This review covers the following companies:
Borusan Istikbal Ticaret T.A.S. and Borusan
Mannesmann Boru Sanayi ve Ticaret A.S.
(collectively, Borusan); Toscelik Profil ve Sac
Endustrisi A.S. and Tosyali Dis Ticaret A.S.
(collectively, Toscelik); Toscelik Metal Ticaret A.S.
(Toscelik Metal);1 Borusan Birlesik Boru Fabrikalari
San ve Tic (Borusan Birlesik); Borusan Gemlik Boru
Tesisleri A.S. (Borusan Gemlik); Borusan Ihracat
Ithalat ve Dagitim A.S. (Borusan Ihracat); Borusan
Ithicat ve Dagitim A.S. (Borusan Ithicat); Tubeco
Pipe and Steel Corporation (Tubeco); Erbosan
Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan); and
Yucel Boru ve Profil Endustrisi A.S., Yucelboru
Ihracat Ithalat ve Pazarlama A.S., and Cayirova
Boru Sanayi ve Ticaret A.S. (collectively, the Yucel
Group).
We note that in prior segments of this proceeding,
we treated Toscelik Profil ve Sac Endustrisi A.S.,
Tosyali Dis Ticaret A.S., and Toscelik Metal 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 n.8
(December 1, 2014). However, in a prior review, we
found that Toscelik Metal has ceased to exist. Id.
There is no record evidence for altering this
treatment. Therefore, for these preliminary results,
we are treating Toscelik and Tosyali as the same
legal entity, and continue to find that Toscelik
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Continued
13JNN1
38132
Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Notices
Department preliminarily determines
that Toscelik made U.S. sales of subject
merchandise below normal value (NV)
while Borusan did not make sales of
subject merchandise below NV. In
addition, the Department preliminarily
finds that Erbosan and the Yucel Group
had no reviewable shipments during the
POR. The preliminary results are listed
below in the section titled ‘‘Preliminary
Results of Review.’’ Interested parties
are invited to comment on the
preliminary results of this review.
DATES: Effective Date: June 13, 2016.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney, Scott Hoefke, or
Robert James at (202) 482–4475, (202)
482–4947, 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:
srobinson on DSK5SPTVN1PROD with NOTICES
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
Metal no longer exists. Additionally we note that
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 and Final Determination of No Shipments;
2013–2014, 80 FR 76674, 76674 n.2 (December 10,
2015). We preliminarily determine that there is no
evidence on the record for altering our treatment of
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
and Borusan Istikbal Ticaret T.A.S., as the same
legal entity. Finally, as noted above, we initiated a
review of (1) Borusan Birlesik; (2) Borusan Gemlik,
(3) Borusan Ihracat, (4) Borusan Ithicat, and (5)
Tubeco. See Initiation Notice. Although the
Department may have treated these companies as
part of a ‘‘Borusan Group’’ entity in prior segments,
the current record does not support treating these
companies as part of the Borusan Mannesmann
Boru Sanayi ve Ticaret A.S. and Borusan Istikbal
Ticaret T.A.S. entity. Accordingly, as discussed
infra, each of these five companies will be assigned
the rate applicable to companies not selected for
individual examination in this review.
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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 is conducting 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. 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
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 B–8024 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 2, 2015 and July 17, 2015,
Erbosan and the Yucel Group,
respectively, submitted letters to the
Department certifying that they had no
sales, shipments, or entries of the
subject merchandise to the United
States during the POR. 4 Erbosan further
certified that it did not know or have
reason to know that any of its customers
would subsequently export or sell
Erbosan’s merchandise to the United
States during the POR. On August 11,
4 See Letter to the Department from Erbosan
entitled ‘‘No Shipment Certification of Erbosan
Erciyas Boru Sanayi ve Ticaret A.S. (‘‘ERBOSAN’’)
in the 2013–2014 Administrative Review of the
Antidumping Duty Order Involving Certain Welded
Carbon Steel Standard Pipe from Turkey,’’ dated
July 2, 2015; see also Letter to the Department from
Yucel Group entitled ‘‘Welded Carbon Steel Pipe &
Tube Products from Turkey: Notification of No
Shipments’’ dated July 17, 2015.
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Fmt 4703
Sfmt 4703
2015, consistent with our practice, the
Department issued ‘‘No Shipment
Inquiries’’ to U.S. Customs and Border
Protection (CBP) to confirm that there
were no entries of welded pipe and tube
from Turkey exported by either Erbosan
or Yucel Group during the POR.5 We
received no information from CBP that
contradicted the Yucel Group’s no
shipment claim.
The Department did however, receive
information from CBP indicating
possible shipments from Erbosan. As
further discussed in the Preliminary
Decision Memo, subsequent to these
Preliminary Resuls, we intend to solicit
comments from interested parties
concerning Erbosan’s no shipment
claim.6
Based the foregoing, we preliminarily
determine that Erbosan and Yucel
Group had no reviewable shipments
during the POR. Also, consistent with
our practice, the Department finds that
it is not appropriate to rescind the
review with respect to Erbosan or the
Yucel Group, but rather to complete the
review with respect to both Erbosan and
the Yucel Group, and to issue
appropriate instructions to CBP based
on the final results of this review.7
Thus, if we continue to find that
Erbosan and Yucel Group had no
shipments of subject merchandise in the
final results, we will instruct CBP to
liquidate any existing entries of
merchandise produced by Erbosan or
Yucel Group, but exported by other
parties, at the rate for the intermediate
reseller, if available, or at the all-others
rate.8
Rates for Non-Examined Companies
The statute and the Department’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for examination
when the Department limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, the Department looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in a market economy
5 See Customs email message number 5223304,
dated August 11, 2015 (Erbosan); see also Customs
email message number 5223305, dated August 11,
2015 (Yucel Group).
6 See Preliminary Decision Memorandum at 4.
7 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954
(May 6, 2003).
8 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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Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Notices
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
review in an administrative review.
Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ‘‘an
amount equal to the weighted- average
of the estimated weighted-average
dumping margins established for
exporters and producers individually
investigated, excluding any zero or de
minimis margins, and any margins
determined entirely {on the basis of
facts available}.’’
In this review, we have preliminarily
calculated a weighted-average dumping
margin for Toscelik that is not zero, de
minimis, or determined entirely on the
basis of facts available. Accordingly, the
Department preliminarily assigned to
the companies not individually
examined (Borusan Birlesik, Borusan
Gemlik, Borusan Ihracat, Borusan
Ithicat, and Tubeco) the 0.96 percent
weighted-average dumping margin
calculated for Toscelik.
Preliminary Results of Review
As a result of this review, we
preliminarily determine that the
weighted-average dumping margins for
the period May 1, 2014 through April
30, 2015 are as follows:
Weightedaverage
dumping
margin
(percent)
Producer or exporter
Borusan Mannesmann Boru
Sanayi ve Ticaret A.S 9 ...........
Toscelik Profil ve Sac Endustrisi
A.S 10 .......................................
Borusan Birlesik Boru Fabrikalari
San ve Tic ...............................
Borusan Gemlik Boru Tesisleri
A.S ..........................................
Borusan Ihracat Ithalat ve
Dagitim A.S .............................
Borusan Ithicat ve Dagitim A.S ..
Tubeco Pipe and Steel Corporation ..........................................
0.00
0.96
0.96
0.96
0.96
0.96
0.96
srobinson on DSK5SPTVN1PROD with NOTICES
Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with these
preliminary results within five days of
the date of publication of this notice.11
Interested parties may submit cases
briefs no later than 30 days after the
date of publication of this notice.12
Rebuttal briefs, limited to issues raised
9 Also includes Borusan Istikbal Ticaret T.A.S.
See footnote 4.
10 Also includes Tosyali Dis Ticaret A.S. See
footnote 3.
11 See 19 CFR 351.224(b).
12 See 19 CFR 351.309(c)(1)(ii).
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in the case briefs, may be filed not later
than five days after the due date for
filing case briefs.13 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.14 Case and rebuttal briefs
should be filed using ACCESS.15 In
order to be properly filed, ACCESS must
successfully receive an electronicallyfiled 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 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.16 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.
38133
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
methodology described in the ‘‘Rate for
Non-Examined Companies’’ section,
above.
With respect to Erbosan and Yucel
Group, if we continue to find that
Erbosan and Yucel Group had no
shipments of subject merchandise in the
final results, we will instruct CBP to
liquidate any existing entries of
merchandise produced by Erbosan or
Yucel Group, but exported by other
parties, at the rate for the intermediate
reseller, if available, or at the all-others
rate.17
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
Assessment Rates
the proceeding, the cash deposit rate
Upon completion of the
will continue to be the companyadministrative review, the Department
specific rate published for the most
shall determine, and CBP shall assess,
recently completed segment of this
antidumping duties on all appropriate
proceeding in which that manufacturer
entries in accordance with 19 CFR
or exporter participated; (3) if the
351.212(b)(1). We intend to issue
exporter is not a firm covered in this
instructions to CBP 15 days after the
review, a prior review, or the original
date of publication of the final results of less-than-fair-value (LTFV)
this review.
investigation, but the manufacturer is,
If Borusan’s or Toscelik’s weightedthen the cash deposit rate will be the
average dumping margins are not zero
rate established for the most recently
or de minimis (i.e., less than 0.5 percent) completed segment of this proceeding
in the final results of this review, we
for the manufacturer of subject
will calculate importer-specific
merchandise; and (4) the cash deposit
assessment rates on the basis of the ratio rate for all other manufacturers or
of the total amount of dumping
exporters will continue to be 14.74
calculated for the importer’s examined
percent, the all-others rate established
sales and the total entered value of the
in the LTFV investigation.18 These
sales in accordance with 19 CFR
deposit requirements, when imposed,
351.212(b)(1). Where either a
shall remain in effect until further
respondent’s weighted-average dumping notice.
margin is zero or de minimis, or an
importer-specific assessment rate is zero
17 See, e.g., Magnesium Metal From the Russian
or de minimis, we will instruct CBP to
Federation: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 26922, 26923
liquidate the appropriate entries
(May 13, 2010), unchanged in Magnesium Metal
without regard to antidumping duties.
13 See
19 CFR 351.309(d).
14 See 19 CFR 351.309(c)(2) and (d)(2).
15 See 19 CFR 351.303.
16 See 19 CFR 351.310(c).
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Fmt 4703
Sfmt 4703
From the Russian Federation: Final Results of
Antidumping Duty Administrative Review, 75 FR
56989 (September 17, 2010).
18 See Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products From
Turkey, 51 FR 17784 (May 15, 1986).
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Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / 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: June 6, 2016.
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. Rates for Non Examined Companies
6. Comparisons to Normal Value
7. Product Comparisons
8. Date of Sale
9. Export Price
10. Normal Value
11. Currency Conversion
12. Recommendation
[FR Doc. 2016–13968 Filed 6–10–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
FOR FURTHER INFORMATION CONTACT:
Robert Galantucci, 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:
Background
On November 22, 2010, the
Department published the antidumping
duty orders on copper pipe and tube
from the PRC and Mexico.1 On October
1, 2015, the Department published the
notice of initiation of the sunset reviews
of the Orders pursuant to section 751(c)
of the Tariff Act of 1930, as amended
(the ‘‘Act’’).2 The Ad Hoc Coalition for
Domestically Produced Seamless
Refined Copper Pipe and Tube and its
individual members, Cerro Flow
Products, LLC, Wieland Copper
Products, LLC, Howell Metal Company,
Mueller Copper Tube Products, Inc.,
and Mueller Copper Tube Company,
Inc. (collectively, ‘‘domestic interested
parties’’), submitted adequate and
timely notices of intent to participate in
these sunset reviews within the 15-day
deadline specified in 19 CFR
351.218(d)(1)(i). On November 2, 2015,
domestic interested parties and
respondent interested party Golden
Dragon 3 submitted adequate substantive
responses to the notice of initiation
within the 30-day deadline specified in
19 CFR 351.218(d)(3). As a result,
pursuant to section 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(ii), the
Department conducted full sunset
reviews of the Orders.
On January 26, 2016, the Department
published the Preliminary Results 4 of
[A–570–964; A–201–838]
Seamless Refined Copper Pipe and
Tube From the People’s Republic of
China and Mexico: Final Results of the
Full Sunset Reviews of the
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these sunset
reviews, the Department of Commerce
(‘‘the Department’’) finds that revocation
of the antidumping duty orders on
seamless refined copper pipe and tube
(‘‘copper pipe and tube’’) from the
People’s Republic of China (‘‘PRC’’) and
Mexico would likely lead to
continuation or recurrence of dumping,
at the levels indicated in the ‘‘Final
Results of Sunset Reviews’’ section of
this notice.
DATES: Effective Date: June 13, 2016.
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AGENCY:
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Jkt 238001
1 See Seamless Refined Copper Pipe and Tube
from Mexico and the People’s Republic of China:
Antidumping Duty Orders and Amended Final
Determination of Sales at Less Than Fair Value
From Mexico, 75 FR 71070 (November 22, 2010)
(‘‘Orders’’).
2 See Seamless Refined Copper Pipe and Tube
From China and Mexico; Institution of Five-Year
Reviews, 80 FR 59186 (October 1, 2015) (‘‘Initiation
FR Notice’’).
3 In case number A–570–964 (the PRC), the
substantive response was filed on behalf of Golden
Dragon Precise Copper Tube Group, Inc., Hong
Kong GD Trading Co., Ltd., GD Copper Cooperatief
UA, Golden Dragon Holding (Hong Kong)
International, Ltd. and GD Copper (U.S.A.), Inc. In
case number A–201–838 (Mexico), the substantive
response was filed on behalf of GD Affiliates S. de
R.L. de C.V., GD Copper S. de R.L. de C.V., Golden
Dragon Precise Copper Tube Group, Inc., Hong
Kong GD Trading Co., Ltd., GD Copper Cooperatief
UA, Golden Dragon Holding (Hong Kong)
International, Ltd. and GD Copper (U.S.A.), Inc. The
Department refers to all of these companies
collectively as ‘‘Golden Dragon’’.
4 See Seamless Refined Copper Pipe and Tube
From the People’s Republic of China and Mexico:
Preliminary Results of the Sunset Reviews of the
PO 00000
Frm 00008
Fmt 4703
Sfmt 9990
this review. The parties were permitted
to submit comments within 50 days of
the publication of our Preliminary
Results, pursuant to 19 CFR
351.309(c)(1)(i). The Department
received no comments.
Scope of the Orders
For the purpose of these Orders, the
products covered are all seamless
circular refined copper pipes and tubes.
The products subject to the Orders are
currently classifiable under subheadings
7411.10.1030 and 7411.10.1090 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). Products
subject to the Orders may also enter
under HTSUS subheadings
7407.10.1500, 7419.99.5050,
8415.90.8065 and 8415.90.8085.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of the Orders is dispositive.
For a full description of the scope of
the Orders, see the ‘‘Preliminary
Decision Memorandum.’’ 5
Final Results of Sunset Reviews
For the reasons expressed in the
Preliminary Results, pursuant to section
751(c) of the Act, the Department
determines that revocation of the Orders
would likely lead to continuation or
recurrence of dumping at weightedaverage dumping margins up to 60.85
percent for the PRC and up to 27.16
percent for Mexico.
We are issuing and publishing these
results and notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of
the Act and 19 CFR 351.218.
Dated: June 6, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–13956 Filed 6–10–16; 8:45 am]
BILLING CODE 3510–DS–P
Antidumping Duty Orders, 81 FR 4252 (January 26,
2016) (‘‘Preliminary Results’’).
5 See Preliminary Decision Memorandum for the
Full Sunset Reviews of the Antidumping Duty
Orders on Seamless Refined Copper Pipe and Tube
from the People’s Republic of China and Mexico,
dated January 19, 2016 (‘‘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. In addition, a complete version of
the Preliminary Decision Memorandum can be
accessed at https://enforcement.trade.gov/frn/.
E:\FR\FM\13JNN1.SGM
13JNN1
]]>Agencies
[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Notices]
[Pages 38131-38134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13968]
-----------------------------------------------------------------------
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, and
Partial Rescission of Review; 2014-2015
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, 2014, to April 30, 2015. \3\ The
[[Page 38132]]
Department preliminarily determines that Toscelik made U.S. sales of
subject merchandise below normal value (NV) while Borusan did not make
sales of subject merchandise below NV. In addition, the Department
preliminarily finds that Erbosan and the Yucel Group had no reviewable
shipments during the POR. The preliminary results are listed below in
the section titled ``Preliminary Results of Review.'' Interested
parties are invited to comment on the preliminary results of this
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, 80 FR 37588 (July 1, 2015) (Initiation
Notice). The Department subsequently published a second initiation
notice to correct the spelling of two company names in that notice.
See Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 80 FR 45947 (August 3, 2015).
\3\ This review covers the following companies: Borusan Istikbal
Ticaret T.A.S. and Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
(collectively, Borusan); Toscelik Profil ve Sac Endustrisi A.S. and
Tosyali Dis Ticaret A.S. (collectively, Toscelik); Toscelik Metal
Ticaret A.S. (Toscelik Metal);1 Borusan Birlesik Boru Fabrikalari
San ve Tic (Borusan Birlesik); Borusan Gemlik Boru Tesisleri A.S.
(Borusan Gemlik); Borusan Ihracat Ithalat ve Dagitim A.S. (Borusan
Ihracat); Borusan Ithicat ve Dagitim A.S. (Borusan Ithicat); Tubeco
Pipe and Steel Corporation (Tubeco); Erbosan Erciyas Boru Sanayi ve
Ticaret A.S. (Erbosan); and Yucel Boru ve Profil Endustrisi A.S.,
Yucelboru Ihracat Ithalat ve Pazarlama A.S., and Cayirova Boru
Sanayi ve Ticaret A.S. (collectively, the Yucel Group).
We note that in prior segments of this proceeding, we treated
Toscelik Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S.,
and Toscelik Metal 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 n.8 (December 1, 2014). However, in a prior review, we
found that Toscelik Metal has ceased to exist. Id. There is no
record evidence for altering this treatment. Therefore, for these
preliminary results, we are treating Toscelik and Tosyali as the
same legal entity, and continue to find that Toscelik Metal no
longer exists. Additionally we note that 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 and
Final Determination of No Shipments; 2013-2014, 80 FR 76674, 76674
n.2 (December 10, 2015). We preliminarily determine that there is no
evidence on the record for altering our treatment of Borusan
Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret
T.A.S., as the same legal entity. Finally, as noted above, we
initiated a review of (1) Borusan Birlesik; (2) Borusan Gemlik, (3)
Borusan Ihracat, (4) Borusan Ithicat, and (5) Tubeco. See Initiation
Notice. Although the Department may have treated these companies as
part of a ``Borusan Group'' entity in prior segments, the current
record does not support treating these companies as part of the
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal
Ticaret T.A.S. entity. Accordingly, as discussed infra, each of
these five companies will be assigned the rate applicable to
companies not selected for individual examination in this review.
---------------------------------------------------------------------------
DATES: Effective Date: June 13, 2016.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, Scott Hoefke, or
Robert James at (202) 482-4475, (202) 482-4947, 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 is conducting 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.
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 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 B-8024 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 2, 2015 and July 17, 2015, Erbosan and the Yucel Group,
respectively, submitted letters to the Department certifying that they
had no sales, shipments, or entries of the subject merchandise to the
United States during the POR. \4\ Erbosan further certified that it did
not know or have reason to know that any of its customers would
subsequently export or sell Erbosan's merchandise to the United States
during the POR. On August 11, 2015, consistent with our practice, the
Department issued ``No Shipment Inquiries'' to U.S. Customs and Border
Protection (CBP) to confirm that there were no entries of welded pipe
and tube from Turkey exported by either Erbosan or Yucel Group during
the POR.\5\ We received no information from CBP that contradicted the
Yucel Group's no shipment claim.
---------------------------------------------------------------------------
\4\ See Letter to the Department from Erbosan entitled ``No
Shipment Certification of Erbosan Erciyas Boru Sanayi ve Ticaret
A.S. (``ERBOSAN'') in the 2013-2014 Administrative Review of the
Antidumping Duty Order Involving Certain Welded Carbon Steel
Standard Pipe from Turkey,'' dated July 2, 2015; see also Letter to
the Department from Yucel Group entitled ``Welded Carbon Steel Pipe
& Tube Products from Turkey: Notification of No Shipments'' dated
July 17, 2015.
\5\ See Customs email message number 5223304, dated August 11,
2015 (Erbosan); see also Customs email message number 5223305, dated
August 11, 2015 (Yucel Group).
---------------------------------------------------------------------------
The Department did however, receive information from CBP indicating
possible shipments from Erbosan. As further discussed in the
Preliminary Decision Memo, subsequent to these Preliminary Resuls, we
intend to solicit comments from interested parties concerning Erbosan's
no shipment claim.\6\
---------------------------------------------------------------------------
\6\ See Preliminary Decision Memorandum at 4.
---------------------------------------------------------------------------
Based the foregoing, we preliminarily determine that Erbosan and
Yucel Group had no reviewable shipments during the POR. Also,
consistent with our practice, the Department finds that it is not
appropriate to rescind the review with respect to Erbosan or the Yucel
Group, but rather to complete the review with respect to both Erbosan
and the Yucel Group, and to issue appropriate instructions to CBP based
on the final results of this review.\7\ Thus, if we continue to find
that Erbosan and Yucel Group had no shipments of subject merchandise in
the final results, we will instruct CBP to liquidate any existing
entries of merchandise produced by Erbosan or Yucel Group, but exported
by other parties, at the rate for the intermediate reseller, if
available, or at the all-others rate.\8\
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\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
\8\ 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).
---------------------------------------------------------------------------
Rates for Non-Examined Companies
The statute and the Department's regulations do not address the
establishment of a rate to be applied to companies not selected for
examination when the Department limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, the Department looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy
[[Page 38133]]
investigation, for guidance when calculating the rate for companies
which were not selected for individual review in an administrative
review. Under section 735(c)(5)(A) of the Act, the all-others rate is
normally ``an amount equal to the weighted- average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero or de minimis
margins, and any margins determined entirely {on the basis of facts
available{time} .''
In this review, we have preliminarily calculated a weighted-average
dumping margin for Toscelik that is not zero, de minimis, or determined
entirely on the basis of facts available. Accordingly, the Department
preliminarily assigned to the companies not individually examined
(Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat,
and Tubeco) the 0.96 percent weighted-average dumping margin calculated
for Toscelik.
Preliminary Results of Review
As a result of this review, we preliminarily determine that the
weighted-average dumping margins for the period May 1, 2014 through
April 30, 2015 are as follows:
---------------------------------------------------------------------------
\9\ Also includes Borusan Istikbal Ticaret T.A.S. See footnote
4.
\10\ Also includes Tosyali Dis Ticaret A.S. See footnote 3.
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S \9\........... 0.00
Toscelik Profil ve Sac Endustrisi A.S \10\.................. 0.96
Borusan Birlesik Boru Fabrikalari San ve Tic................ 0.96
Borusan Gemlik Boru Tesisleri A.S........................... 0.96
Borusan Ihracat Ithalat ve Dagitim A.S...................... 0.96
Borusan Ithicat ve Dagitim A.S.............................. 0.96
Tubeco Pipe and Steel Corporation........................... 0.96
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with these preliminary results
within five days of the date of publication of this notice.\11\
Interested parties may submit cases briefs no later than 30 days after
the date of publication of this notice.\12\ 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.\13\ 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.\14\ Case and rebuttal
briefs should be filed using ACCESS.\15\ 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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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing 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.\16\ 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.
---------------------------------------------------------------------------
\16\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
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.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the methodology described in
the ``Rate for Non-Examined Companies'' section, above.
With respect to Erbosan and Yucel Group, if we continue to find
that Erbosan and Yucel Group had no shipments of subject merchandise in
the final results, we will instruct CBP to liquidate any existing
entries of merchandise produced by Erbosan or Yucel Group, but exported
by other parties, at the rate for the intermediate reseller, if
available, or at the all-others rate.\17\
---------------------------------------------------------------------------
\17\ 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).
---------------------------------------------------------------------------
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.\18\ These deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\18\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products From Turkey, 51 FR 17784 (May 15, 1986).
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[[Page 38134]]
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: June 6, 2016.
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. Rates for Non Examined Companies
6. Comparisons to Normal Value
7. Product Comparisons
8. Date of Sale
9. Export Price
10. Normal Value
11. Currency Conversion
12. Recommendation
[FR Doc. 2016-13968 Filed 6-10-16; 8:45 am]
BILLING CODE 3510-DS-P
