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]

Download as PDF 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: VerDate Sep<11>2014 20:48 Jun 10, 2016 Jkt 238001 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). PO 00000 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 E:\FR\FM\13JNN1.SGM 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. VerDate Sep<11>2014 20:48 Jun 10, 2016 Jkt 238001 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 http://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 http:// enforcement.trade.gov/frn/index.html. 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. PO 00000 Frm 00006 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). E:\FR\FM\13JNN1.SGM 13JNN1 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). VerDate Sep<11>2014 20:48 Jun 10, 2016 Jkt 238001 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). PO 00000 Frm 00007 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). E:\FR\FM\13JNN1.SGM 13JNN1 38134 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. srobinson on DSK5SPTVN1PROD with NOTICES AGENCY: VerDate Sep<11>2014 20:48 Jun 10, 2016 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 http:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed at http://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]


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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.
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    \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.

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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 http://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 http://enforcement.trade.gov/frn/index.html. 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.
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    \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).
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    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\
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    \6\ See Preliminary Decision Memorandum at 4.
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    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).
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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:
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    \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\
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    \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).
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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.
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    \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