Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Final Determination of Sales at Less Than Fair Value, 47355-47357 [2016-17316]
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Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices
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Dated: July 15, 2016.
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[FR Doc. 2016–17204 Filed 7–20–16; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–824]
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From
the Republic of Turkey: Final
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that heavy
walled rectangular welded carbon steel
pipes and tubes (HWR pipes and tubes)
from the Republic of Turkey (Turkey)
are being, or are likely to be, sold in the
United States at less than fair value
(LTFV), as provided in section 735(a) of
the Tariff Act of 1930, as amended (the
Act). The period of investigation (POI)
is July 1, 2014, through June 30, 2015.
The final dumping margins of sales at
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY:
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LTFV are listed below in the ‘‘Final
Determination’’ section of this notice.
DATES: Effective July 21, 2016.
FOR FURTHER INFORMATION CONTACT: Ross
Belliveau or Rebecca Trainor, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4952 and (202)
482–4007, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2016,1 the Department
published the Preliminary
Determination. A summary of the events
that occurred since the Department
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum, which is hereby adopted
by this notice.2
Scope of the Investigation
The scope of the investigation covers
HWR pipes and tubes of rectangular
(including square) cross section, having
a nominal wall thickness of not less
than 4 mm. For a complete description
of the scope of the investigation, see
Appendix I.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum. A list of
the issues raised is attached to this
notice as Appendix II. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and it is available to all
parties in the Central Records Unit,
room B–8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
1 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Turkey:
Final Determination of Sales at Less Than Fair
Value, 81 FR 10583 (March 1, 2016) (Preliminary
Determination).
2 See Memorandum to Paul Piquado, ‘‘Issues and
Decision Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from the Republic of
Turkey,’’ dated concurrently with this notice (Issues
and Decision Memorandum).
PO 00000
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47355
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Verification
As provided in section 782(i) of the
Act, in March and April 2016, we
conducted verification of the sales and
cost information submitted by MMZ
Boru Profil Uretim Sanayi Ve Tic. A.S.
(MMZ) and Ozdemir Boru Profil San. Ve
Tic. Ltd. Sti. (Ozdemir) for use in our
final determination. We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
documents provided by MMZ and
Ozdemir.3
Changes Since the Preliminary
Determination and Use of Adverse
Facts Available
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for Ozdemir. In
addition, we revised the margin for
MMZ to reflect the application of facts
available with an adverse inference,
pursuant to sections 776(a)(1),
776(a)(2)(A), (C), and (D), and 776(b) of
the Act. For a discussion of these
changes, see the Issues and Decision
Memorandum. We also revised the allothers rate as explained below.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated all-others
rate shall be 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
3 For discussion of our verification findings with
respect to each company, see the following
memoranda: Memorandum to the File from Rebecca
Trainor and Aqmar Rahman, ‘‘Verification of the
Sales Response of MMZ Onur Boru Profil Uretim
Sanayi Ve Tic. A.S. in the Antidumping Duty
Investigation of Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from Turkey,’’ dated
May 16, 2016; Memorandum to the File from Gary
Urso and Stephanie Arthur, ‘‘Verification of the
Cost Response of MMZ Onur Boru Profil Uretim
Sanayi. Ve Tic. in the Antidumping Duty Less Than
Fair Value Investigation of Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
from the Republic of Turkey,’’ dated May 6, 2016;
Memorandum to the File from Ross Belliveau,
‘‘Verification of the Sales Response of Ozdemir
Boru Profil San. Ve Tic. Ltd. Sti. in the
Antidumping Duty Investigation of Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
from Turkey,’’ dated May 17, 2016; and
Memorandum to the File from Stephanie Arthur
and Gary Urso, ‘‘Verification of the Cost Response
of Ozdemir Boru Profil San. Ve Tic. Ltd. Sti. in the
Antidumping Duty Less Than Fair Value
Investigation of Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from the Republic of
Turkey,’’ dated May 6, 2016.
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47356
Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices
margins determined entirely under
section 776 of the Act. Pursuant to
section 735(c)(5)(B) of the Act, if the
estimated weighted-average dumping
margins established for all exporters and
producers individually examined are
zero, de minimis or determined based
entirely under section 776 of the Act,
the Department may use any reasonable
method to establish the estimated
dumping margin for all other producers
or exporters. We calculated a margin of
zero percent for the only cooperative
mandatory respondent in this
investigation, Ozdemir, and applied a
margin based entirely on adverse facts
available (AFA) for MMZ. Therefore,
pursuant to section 735(c)(5)(B) of the
Act, we determine that it is reasonable
to calculate the all-others rate based on
a simple average of Ozdemir’s zero
percent margin and MMZ’s AFA
margin.4
Final Determination
The final weighted-average dumping
margins are as follows:
Weightedaverage
dumping
margins
(percent)
Exporter/Manufacturer
MMZ Boru Profil Uretim Sanayi Ve Tic. A.S ...........................................................................................................
Ozdemir Boru Profil San. Ve Tic. Ltd. Sti ...............................................................................................................
All Others .................................................................................................................................................................
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Disclosure
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
HWR pipes and tubes from Turkey, as
described in Appendix I of this notice,
which were entered, or withdrawn from
warehouse, for consumption on or after
March 1, 2016, the date of publication
of the preliminary determination of this
investigation in the Federal Register. In
the event an AD order is issued, because
Ozdemir’s weighted-average dumping
margin is zero, Ozdemir would be
excluded from the AD order.
Further, the Department will instruct
CBP to require a cash deposit equal to
the estimated amount by which the
normal value exceeds the U.S. price as
shown above, adjusted where
appropriate for export subsidies found
in the final determination of the
companion countervailing duty
investigation. Consistent with our
longstanding practice, where the
product under investigation is also
subject to a concurrent countervailing
duty investigation, we instruct CBP to
require a cash deposit equal to the
amount by which the NV exceeds the
U.S. price, less the amount of the
countervailing duty determined to
constitute any export subsidies.5
4 See e.g., Notice of Final Determination of Sales
at Less Than Fair Value: Polyethylene Retail Carrier
Bags From Malaysia, 69 FR 34128 (June 18, 2004).
5 See, e.g., Welded Line Pipe From the Republic
of Turkey: Final Determination of Sales at Less
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Jkt 238001
Therefore, in the event that a
countervailing duty order is issued and
suspension of liquidation is resumed in
the companion countervailing duty
investigation on HWR pipes and tubes
from Turkey, the Department will
instruct CBP to require cash deposits
adjusted by the amount of export
subsidies, as appropriate. These
adjustments are reflected in the final
column of the rate chart, above.6 Until
such suspension of liquidation is
resumed in the companion
countervailing duty investigation, and
so long as suspension of liquidation
continues under this antidumping duty
investigation, the cash deposit rates for
this antidumping duty investigation will
be the rates identified in the weightedaverage margin column in the rate chart,
above.
International Trade Comission (ITC)
Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of the
final affirmative determination of sales
at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
HWR pipes and tubes from Turkey no
later than 45 days after our final
determination. If the ITC determines
that material injury or threat of material
injury does not exist, the proceeding
will be terminated and all cash deposits
will be refunded. If the ITC determines
that such injury does exist, the
Than Fair Value, 80 FR 61362 (October 13, 2015)
and Notice of Final Determination of Sales at Less
Than Fair Value and Negative Critical
Circumstances Determination: Bottom Mount
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Fmt 4703
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Cash deposit
rate
(percent)
35.66
0.00
17.83
35.66
0.00
17.73
Department will issue an antidumping
duty order directing CBP to assess, upon
further instruction by the Department,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders (APO)
This notice serves as a reminder to
parties subject to APO of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act.
Dated: July 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation
are certain heavy walled rectangular welded
steel pipes and tubes of rectangular
(including square) cross section, having a
nominal wall thickness of not less than 4
mm. The merchandise includes, but is not
limited to, the American Society for Testing
and Materials (ASTM) A–500, grade B
specifications, or comparable domestic or
foreign specifications.
Combination Refrigerator-Freezers From the
Republic of Korea, 77 FR 17413 (March 26, 2012).
6 See Memorandum to the File from Rebecca
Trainor, ‘‘Calculation of the All Others Rate,’’ dated
concurrently with this notice.
E:\FR\FM\21JYN1.SGM
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Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices
Included products are those in which: (1)
Iron predominates, by weight, over each of
the other contained elements; (2) the carbon
content is 2 percent or less, by weight; and
(3) none of the elements below exceeds the
quantity, by weight, respectively indicated:
• 2.50 percent of manganese, or
• 3.30 percent of silicon, or
• 1.50 percent of copper, or
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 2.0 percent of nickel, or
• 0.30 percent of tungsten, or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium (also called
columbium), or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium.
The subject merchandise is currently
provided for in item 7306.61.1000 of the
Harmonized Tariff Schedule of the United
States (HTSUS). Subject merchandise may
also enter under HTSUS 7306.61.3000. While
the HTSUS subheadings and ASTM
specification are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
Appendix II
asabaliauskas on DSK3SPTVN1PROD with NOTICES
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Application of Facts Available and Use of
Adverse Inference
VI. Discussion of the Issues
1. Assignment of Margin Based on AFA to
MMZ
2. Weight Basis for Comparison
Methodology
3. Calculation of Duty Drawback
Adjustment
4. Which DIIBs to Include in Calculating
the Duty Drawback Adjustment
5. Offset of Duty Drawback Adjustment for
Related Expenses
6. Application of the Duty Drawback
Adjustment in the Margin Program
7. U.S. Date of Sale
8. Short-Term Interest Rate in the Home
Market
9. Returns
10. Adjustments to Ozdemir’s Cost of
Manufacturing
11. Reallocation of Costs for Non-Prime
Merchandise
VII. Recommendation
[FR Doc. 2016–17316 Filed 7–20–16; 8:45 am]
BILLING CODE 3510–DS–P
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17:15 Jul 20, 2016
Jkt 238001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Evaluation of State Coastal
Management Programs
Office for Coastal Management
(OCM), National Ocean Service (NOS),
National Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce (DOC).
ACTION: Notice.
AGENCY:
The National Oceanic and
Atmospheric Administration (NOAA),
Office for Coastal Management will hold
a second public meeting to solicit
comments on the performance
evaluation of the Oregon Coastal
Management Program.
DATES: Oregon Coastal Management
Program Evaluation: The public meeting
will be held on September 7, 2016, and
written comments must be received on
or before September 9, 2016.
For specific dates, times, and
locations of the public meetings, see
SUPPLEMENTARY INFORMATION.
ADDRESSES: You may submit comments
on the program or reserve NOAA
intends to evaluate by any of the
following methods:
Public Meeting and Oral Comments:
A public meeting will be held in
Portland, Oregon. For the specific
location, see SUPPLEMENTARY
INFORMATION.
Written Comments: Please direct
written comments to Carrie Hall,
Evaluator, Planning and Performance
Measurement Program, Office for
Coastal Management, NOS/NOAA, 1305
East-West Highway, 11th Floor, N/
OCM1, Silver Spring, Maryland 20910,
or email comments Carrie.Hall@
noaa.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Carrie Hall, Evaluator, Planning and
Performance Measurement Program,
Office for Coastal Management, NOS/
NOAA, 1305 East-West Highway, 11th
Floor, N/OCM1, Silver Spring,
Maryland 20910, or Carrie.Hall@
noaa.gov. Copies of the previous
evaluation findings and related material
(including past performance reports and
notices prepared by NOAA’s Office for
Coastal Management) may be obtained
upon written request by contacting the
person identified under FOR FURTHER
INFORMATION CONTACT. Copies of the
most recent evaluation findings and
most recent progress report may also be
downloaded or viewed on the Internet
at https://coast.noaa.gov/czm/
evaluations.
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47357
Section
312 of the Coastal Zone Management
Act (CZMA) requires NOAA to conduct
periodic evaluations of federally
approved state and territorial coastal
programs. The process includes one or
more public meetings, consideration of
written public comments and
consultations with interested Federal,
state, and local agencies and members of
the public. During the evaluation,
NOAA will consider the extent to which
the state has met the national objectives,
adhered to the management program
approved by the Secretary of Commerce,
and adhered to the terms of financial
assistance under the CZMA. When the
evaluation is completed, NOAA’s Office
for Coastal Management will place a
notice in the Federal Register
announcing the availability of the Final
Evaluation Findings.
Specific information on the periodic
evaluation of the state and territorial
coastal program that is the subject of
this notice is detailed below as follows:
SUPPLEMENTARY INFORMATION:
Oregon Coastal Management Program
Evaluation
You may participate or submit oral
comments at the public meeting
scheduled as follows:
Date: September 7, 2016.
Time: 5:00 p.m., local time.
Location: 1201 NE Lloyd Blvd. 1st
Floor Conference Room (Room #140),
Portland, Oregon 97232.
Written public comments must be
received on or before September 9,
2016.
(Federal Domestic Assistance Catalog 11.419
Coastal Zone Management Program
Administration)
Dated: July 14, 2016.
John King,
Deputy Director, Office for Coastal
Management, National Ocean Service,
National Oceanic and Atmospheric
Administration.
[FR Doc. 2016–17217 Filed 7–20–16; 8:45 am]
BILLING CODE 3510–08–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE692
Determination of Overfishing or an
Overfished Condition
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
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]]>Agencies
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Notices]
[Pages 47355-47357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17316]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-824]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
the Republic of Turkey: Final Determination of Sales at Less Than Fair
Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes
and tubes) from the Republic of Turkey (Turkey) are being, or are
likely to be, sold in the United States at less than fair value (LTFV),
as provided in section 735(a) of the Tariff Act of 1930, as amended
(the Act). The period of investigation (POI) is July 1, 2014, through
June 30, 2015. The final dumping margins of sales at LTFV are listed
below in the ``Final Determination'' section of this notice.
DATES: Effective July 21, 2016.
FOR FURTHER INFORMATION CONTACT: Ross Belliveau or Rebecca Trainor, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4952 and (202) 482-4007, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2016,\1\ the Department published the Preliminary
Determination. A summary of the events that occurred since the
Department published the Preliminary Determination, as well as a full
discussion of the issues raised by parties for this final
determination, may be found in the Issues and Decision Memorandum,
which is hereby adopted by this notice.\2\
---------------------------------------------------------------------------
\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Turkey: Final Determination of Sales at
Less Than Fair Value, 81 FR 10583 (March 1, 2016) (Preliminary
Determination).
\2\ See Memorandum to Paul Piquado, ``Issues and Decision
Memorandum for the Final Affirmative Determination in the Less-Than-
Fair-Value Investigation of Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Turkey,'' dated
concurrently with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The scope of the investigation covers HWR pipes and tubes of
rectangular (including square) cross section, having a nominal wall
thickness of not less than 4 mm. For a complete description of the
scope of the investigation, see Appendix I.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum.
A list of the issues raised is attached to this notice as Appendix II.
The Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
it is available to all parties in the Central Records Unit, room B-8024
of the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
Verification
As provided in section 782(i) of the Act, in March and April 2016,
we conducted verification of the sales and cost information submitted
by MMZ Boru Profil Uretim Sanayi Ve Tic. A.S. (MMZ) and Ozdemir Boru
Profil San. Ve Tic. Ltd. Sti. (Ozdemir) for use in our final
determination. We used standard verification procedures, including an
examination of relevant accounting and production records, and original
source documents provided by MMZ and Ozdemir.\3\
---------------------------------------------------------------------------
\3\ For discussion of our verification findings with respect to
each company, see the following memoranda: Memorandum to the File
from Rebecca Trainor and Aqmar Rahman, ``Verification of the Sales
Response of MMZ Onur Boru Profil Uretim Sanayi Ve Tic. A.S. in the
Antidumping Duty Investigation of Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from Turkey,'' dated May 16, 2016;
Memorandum to the File from Gary Urso and Stephanie Arthur,
``Verification of the Cost Response of MMZ Onur Boru Profil Uretim
Sanayi. Ve Tic. in the Antidumping Duty Less Than Fair Value
Investigation of Heavy Walled Rectangular Welded Carbon Steel Pipes
and Tubes from the Republic of Turkey,'' dated May 6, 2016;
Memorandum to the File from Ross Belliveau, ``Verification of the
Sales Response of Ozdemir Boru Profil San. Ve Tic. Ltd. Sti. in the
Antidumping Duty Investigation of Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from Turkey,'' dated May 17, 2016; and
Memorandum to the File from Stephanie Arthur and Gary Urso,
``Verification of the Cost Response of Ozdemir Boru Profil San. Ve
Tic. Ltd. Sti. in the Antidumping Duty Less Than Fair Value
Investigation of Heavy Walled Rectangular Welded Carbon Steel Pipes
and Tubes from the Republic of Turkey,'' dated May 6, 2016.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination and Use of Adverse Facts
Available
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
Ozdemir. In addition, we revised the margin for MMZ to reflect the
application of facts available with an adverse inference, pursuant to
sections 776(a)(1), 776(a)(2)(A), (C), and (D), and 776(b) of the Act.
For a discussion of these changes, see the Issues and Decision
Memorandum. We also revised the all-others rate as explained below.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be 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
[[Page 47356]]
margins determined entirely under section 776 of the Act. Pursuant to
section 735(c)(5)(B) of the Act, if the estimated weighted-average
dumping margins established for all exporters and producers
individually examined are zero, de minimis or determined based entirely
under section 776 of the Act, the Department may use any reasonable
method to establish the estimated dumping margin for all other
producers or exporters. We calculated a margin of zero percent for the
only cooperative mandatory respondent in this investigation, Ozdemir,
and applied a margin based entirely on adverse facts available (AFA)
for MMZ. Therefore, pursuant to section 735(c)(5)(B) of the Act, we
determine that it is reasonable to calculate the all-others rate based
on a simple average of Ozdemir's zero percent margin and MMZ's AFA
margin.\4\
---------------------------------------------------------------------------
\4\ See e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Polyethylene Retail Carrier Bags From Malaysia, 69
FR 34128 (June 18, 2004).
---------------------------------------------------------------------------
Final Determination
The final weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/Manufacturer dumping Cash deposit
margins rate (percent)
(percent)
------------------------------------------------------------------------
MMZ Boru Profil Uretim Sanayi Ve Tic. 35.66 35.66
A.S....................................
Ozdemir Boru Profil San. Ve Tic. Ltd. 0.00 0.00
Sti....................................
All Others.............................. 17.83 17.73
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of HWR pipes and tubes
from Turkey, as described in Appendix I of this notice, which were
entered, or withdrawn from warehouse, for consumption on or after March
1, 2016, the date of publication of the preliminary determination of
this investigation in the Federal Register. In the event an AD order is
issued, because Ozdemir's weighted-average dumping margin is zero,
Ozdemir would be excluded from the AD order.
Further, the Department will instruct CBP to require a cash deposit
equal to the estimated amount by which the normal value exceeds the
U.S. price as shown above, adjusted where appropriate for export
subsidies found in the final determination of the companion
countervailing duty investigation. Consistent with our longstanding
practice, where the product under investigation is also subject to a
concurrent countervailing duty investigation, we instruct CBP to
require a cash deposit equal to the amount by which the NV exceeds the
U.S. price, less the amount of the countervailing duty determined to
constitute any export subsidies.\5\ Therefore, in the event that a
countervailing duty order is issued and suspension of liquidation is
resumed in the companion countervailing duty investigation on HWR pipes
and tubes from Turkey, the Department will instruct CBP to require cash
deposits adjusted by the amount of export subsidies, as appropriate.
These adjustments are reflected in the final column of the rate chart,
above.\6\ Until such suspension of liquidation is resumed in the
companion countervailing duty investigation, and so long as suspension
of liquidation continues under this antidumping duty investigation, the
cash deposit rates for this antidumping duty investigation will be the
rates identified in the weighted-average margin column in the rate
chart, above.
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\5\ See, e.g., Welded Line Pipe From the Republic of Turkey:
Final Determination of Sales at Less Than Fair Value, 80 FR 61362
(October 13, 2015) and Notice of Final Determination of Sales at
Less Than Fair Value and Negative Critical Circumstances
Determination: Bottom Mount Combination Refrigerator-Freezers From
the Republic of Korea, 77 FR 17413 (March 26, 2012).
\6\ See Memorandum to the File from Rebecca Trainor,
``Calculation of the All Others Rate,'' dated concurrently with this
notice.
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International Trade Comission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of HWR pipes and tubes from Turkey no later than 45
days after our final determination. If the ITC determines that material
injury or threat of material injury does not exist, the proceeding will
be terminated and all cash deposits will be refunded. If the ITC
determines that such injury does exist, the Department will issue an
antidumping duty order directing CBP to assess, upon further
instruction by the Department, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders (APO)
This notice serves as a reminder to parties subject to APO of their
responsibility concerning the disposition of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act.
Dated: July 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation are certain heavy
walled rectangular welded steel pipes and tubes of rectangular
(including square) cross section, having a nominal wall thickness of
not less than 4 mm. The merchandise includes, but is not limited to,
the American Society for Testing and Materials (ASTM) A-500, grade B
specifications, or comparable domestic or foreign specifications.
[[Page 47357]]
Included products are those in which: (1) Iron predominates, by
weight, over each of the other contained elements; (2) the carbon
content is 2 percent or less, by weight; and (3) none of the
elements below exceeds the quantity, by weight, respectively
indicated:
2.50 percent of manganese, or
3.30 percent of silicon, or
1.50 percent of copper, or
1.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
2.0 percent of nickel, or
0.30 percent of tungsten, or
0.80 percent of molybdenum, or
0.10 percent of niobium (also called columbium), or
0.30 percent of vanadium, or
0.30 percent of zirconium.
The subject merchandise is currently provided for in item
7306.61.1000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Subject merchandise may also enter under HTSUS
7306.61.3000. While the HTSUS subheadings and ASTM specification are
provided for convenience and customs purposes, the written
description of the scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Application of Facts Available and Use of Adverse Inference
VI. Discussion of the Issues
1. Assignment of Margin Based on AFA to MMZ
2. Weight Basis for Comparison Methodology
3. Calculation of Duty Drawback Adjustment
4. Which DIIBs to Include in Calculating the Duty Drawback
Adjustment
5. Offset of Duty Drawback Adjustment for Related Expenses
6. Application of the Duty Drawback Adjustment in the Margin
Program
7. U.S. Date of Sale
8. Short-Term Interest Rate in the Home Market
9. Returns
10. Adjustments to Ozdemir's Cost of Manufacturing
11. Reallocation of Costs for Non-Prime Merchandise
VII. Recommendation
[FR Doc. 2016-17316 Filed 7-20-16; 8:45 am]
BILLING CODE 3510-DS-P
