Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2014-2015, 92785-92787 [2016-30541]
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Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices
Exporter
Shandong Wah Yuen Stationery Co., Ltd ..............................................................
Assessment Rates
Consistent with section 751(a)(2)(C) of
the Tariff Act of 1930, as amended, (the
Act) and 19 CFR 351.212(b)(1), we
intend to issue assessment instructions
to the U.S. Customs and Border
Protection (CBP) fifteen days after the
date of publication of these amended
final results. We will instruct CBP to
assess antidumping duties on period of
review entries in the corrected amount
shown above.
Cash Deposit Requirements
The following cash deposit
requirements will be effective October
27, 2016, the date of publication of the
final results of this NSR for shipments
of the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For
merchandise produced by Shandong
Wah Yuen Stationery Co., Ltd. and
exported by Wah Yuen Stationery Co.,
Ltd., the cash deposit rates will be that
established in the amended final results
of this review (except, if the rate is zero
or de minimis, then zero cash deposit
will be required); (2) for subject
merchandise exported by Wah Yuen
Stationery Co., Ltd. but not produced by
Shandong Wah Yuen Stationery Co.,
Ltd., the cash deposit rate will be that
for the PRC-wide entity (i.e., 114.90
percent); and (3) for subject
merchandise produced by Shandong
Wah Yuen Stationery Co., Ltd. but not
exported by Wah Yuen Stationery Co.,
Ltd., the cash deposit rate will be that
applicable to the exporter. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
mstockstill on DSK3G9T082PROD with NOTICES
Notification to Interested Parties
The Department intends to disclose
calculations performed in connection
with these amended final results within
five days of the date of publication of
this notice, in accordance with 19 CFR
351.224(b).
This corrected notice is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.214.
VerDate Sep<11>2014
19:36 Dec 19, 2016
Revised weightedaverage
dumping
margin
(percent)
Producer
Wah Yuen Stationery Co., Ltd.
Jkt 241001
Dated: November 28, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–30626 Filed 12–19–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–501]
Welded Carbon Steel Standard Pipe
and Tube Products From Turkey: Final
Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2014–
2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 13, 2016, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on welded
carbon steel standard pipe and tube
products (welded pipe and tube) from
Turkey. The period of review (POR) is
May 1, 2014 through April 30, 2015.
Based on our analysis of the comments
received, we have made certain changes
in the margin calculations. Therefore,
the final results differ from the
preliminary results. The final weightedaverage dumping margins for the
reviewed firms are listed below in the
section entitled, ‘‘Final Results of the
Review.’’ Further, we continue to find
that Erbosan and Yucel Group had no
reviewable shipments of subject
merchandise during the POR.
DATES: Effective December 20, 2016.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney or Scott Hoefke, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4475 or (202) 482–4947,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On June 13, 2016, the Department
published the Preliminary Results of
PO 00000
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Sfmt 4703
92785
30.55
this review in the Federal Register.1 For
the events following the Preliminary
Results, see (insert cite to memo.) The
Department conducted this review in
accordance with section 751(a)(2) of the
Tariff Act of 1930, as amended (the Act).
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
7306.30.1000, 7306.30.5025,
7306.30.5032, 7306.30.5040,
7306.30.5055, 7306.30.5085, and
7306.30.5090 of the Harmonized Tariff
Schedule of the United States (HTSUS).
The HTSUS subheadings are provided
for convenience and customs purposes
only. The written description is
dispositive.2
Final Determination of No Shipments
In the Preliminary Results, the
Department preliminarily determined
that Erbosan and Yucel Group had no
shipments during the POR.3 Following
publication of the Preliminary Results,
we received no comments from
interested parties regarding these
companies. As a result, and because the
record contains no evidence to the
contrary, we continue to find that
Erbosan and Yucel Group made no
shipments during the POR. Accordingly,
consistent with the Department’s
practice, we will instruct U.S. Customs
and Border Protection (CBP) to liquidate
1 See Welded Carbon Steel Standard Pipe and
Tube Products from Turkey: Preliminary Results of
Antidumping Duty Administrative Review, and
Partial Rescission of Review; 2014–2015, 81 FR
38131 (June 13, 2015) (Preliminary Results) and the
accompanying Memorandum 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;
2014–2015 Administrative Review,’’ dated June 6,
2016 (Preliminary Decision Memorandum).
2 A full written description of the scope of the
order is contained in the memorandum to Christian
Marsh, Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, ‘‘Issues and
Decision Memorandum for the Final Results of the
Antidumping Duty Administrative Review: Welded
Carbon Steel Standard Pipe and Tube Products from
Turkey; 2014–2015,’’ (Issues and Decision
Memorandum), dated concurrently with this notice
and incorporated herein by reference.
3 See Preliminary Results, 81 FR at 38132, and
accompanying Preliminary Decision Memorandum,
at 3–4.
E:\FR\FM\20DEN1.SGM
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Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices
any existing entries of merchandise
produced by Erbosan and Yucel Group,
but exported by other parties without
their own rate, at the all-others rate.4
Analysis of the Comments Received
All issues raised in the case and
rebuttal briefs submitted in this review
are addressed in the Issues and Decision
Memorandum, which is hereby adopted
with this notice. A list of the issues
raised is attached as an appendix to this
notice. 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 B8024 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 Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
mstockstill on DSK3G9T082PROD with NOTICES
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we made certain
changes to the Preliminary Results. For
Toscelik, we adjusted its duty drawback
adjustment, its indirect selling expense
ratio, and its net financial expense ratio.
For Borusan, we excluded its overrun
and further processed sales, and
adjusted its duty drawback adjustment,
its indirect selling expenses, and its
movement expenses. For a full
discussion of these changes, see Issues
and Decision Memorandum.
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
investigation, for guidance when
calculating the rate for companies
which were not selected for individual
10 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).
VerDate Sep<11>2014
19:36 Dec 19, 2016
Jkt 241001
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 a 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
assigns to the companies not
individually examined (Borusan
Birlesik, Borusan Gemlik, Borusan
Ihracat, Borusan Ithicat, and Tubeco)
the 1.91 percent weighted-average
dumping margin calculated for Toscelik.
Final Results of the Review
As a result of this review, we
determine that the following weightedaverage dumping margins exist for the
period May 1, 2014 through April 30,
2015:
Producer or exporter
Borusan Mannesmann Boru
Sanayi ve Ticaret A.S.5 ....
Toscelik Profil ve Sac
Endustrisi A.S.6 .................
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 .............................
Weightedaverage
dumping
margin
(percent)
0.00
1.91
1.91
1.91
1.91
1.91
1.91
Disclosure
We intend to disclose the calculations
performed for these final results of
review within five days of the date of
publication of this notice in the Federal
Register, in accordance with 19 CFR
351.224(b).
Assessment
The Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries covered by this
review pursuant to section 751(a)(2)(C)
of the Act and 19 CFR 351.212(b).
For Toscelik, because its weightedaverage dumping margin is not zero or
5 Also includes Borusan Istikbal Ticaret T.A.S.
See footnote 3.
6 Also includes Tosyali Dis Ticaret A.S. See
footnote 4.
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
de minimis (i.e., less than 0.5 percent),
the Department has calculated importerspecific antidumping duty assessment
rates. We calculated importer-specific
ad valorem antidumping duty
assessment rates by aggregating the total
amount of dumping calculated for the
examined sales of each importer and
dividing each of these amounts by the
total entered value associated with those
sales. We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review where an
importer-specific assessment rate is not
zero or de minimis. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping
duties any entries for which the
importer-specific assessment rate is zero
or de minimis.
For Borusan, we will instruct CBP to
liquidate its entries during the POR
imported by the importers identified in
its questionnaire responses without
regard to antidumping duties because its
weighted-average dumping margin in
these final results is zero.7 Consistent
with the Department’s assessment
practice, for entries of subject
merchandise during the POR produced
by Borusan, Erbosan, Yucel Group, or
Toscelik for which they did not know
that the merchandise was destined for
the United States, we will instruct CBP
to liquidate unreviewed entries at the
all-others rate if there is no rate for the
intermediate company(ies) involved in
the transaction.8
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. We intend to issue instructions
to CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of 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) of the Act: (1) The
cash deposit rates will be equal to the
weighted-average dumping margins
established in the final results of this
review; (2) for previously reviewed or
7 See Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103, 8103
(February 14, 2012).
8 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
E:\FR\FM\20DEN1.SGM
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Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Notices
investigated companies not
participating in this review, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the company was
reviewed; (3) if the exporter is not a firm
covered in this review, a previous
review, or the original less-than-fairvalue (LTFV) investigation, but the
manufacturer is, 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.9 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final 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.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written 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 terms of an
APO is a sanctionable violation.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
mstockstill on DSK3G9T082PROD with NOTICES
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
Summary
Background
9 See Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products from
Turkey, 51 FR 17784 (May 15, 1986).
VerDate Sep<11>2014
19:36 Dec 19, 2016
Jkt 241001
Scope of the Order
Discussion of the Issues
General Comments
1. Non-Prime Merchandise Sales
2. Duty Drawback
Borusan-Specific Comments
3. Overruns
4. U.S. Movement Expenses
5. Certain Brokerage Expenses
6. Further Processed Sales
Toscelik-Specific Comments
7. Weight Basis for Comparison
Methodology
8. INTEX Ratio
9. Indirect Selling Expense Ratio
10. Warehousing Expenses
Recommendation
[FR Doc. 2016–30541 Filed 12–19–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket No. 161116999–6999–02]
Announcing Request for Nominations
for Public-Key Post-Quantum
Cryptographic Algorithms
National Institute of Standards
and Technology (NIST), Commerce.
ACTION: Notice and request for
nominations for candidate postquantum algorithms.
AGENCY:
This notice solicits
nominations from any interested party
for candidate algorithms to be
considered for public-key post-quantum
standards. The submission requirements
and the minimum acceptability
requirements of a ‘‘complete and
proper’’ candidate algorithm
submission, as well as the evaluation
criteria that will be used to appraise the
candidate algorithms, can be found at
https://www.nist.gov/pqcrypto.
DATES: Proposals must be received by
November 30, 2017. Further details are
available at https://www.nist.gov/
pqcrypto.
SUMMARY:
Algorithm submission
packages should be sent to Dr. Dustin
Moody, Information Technology
Laboratory, Attention: Post-Quantum
Cryptographic Algorithm Submissions,
100 Bureau Drive—Stop 8930, National
Institute of Standards and Technology,
Gaithersburg, MD 20899–8930.
Submissions may also be sent by email
to: pqc-submissions@nist.gov. Note that
for email submissions, some of the
supporting documentation requires a
signature and must be physically mailed
to the above address. See https://
www.nist.gov/pqcrypto for complete
submission instructions.
ADDRESSES:
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
92787
For
general information, send email to pqccomments@nist.gov. For questions
related to a specific submission package,
contact Dr. Dustin Moody, National
Institute of Standards and Technology,
100 Bureau Drive, Mail Stop 8930,
Gaithersburg, MD 20899–8930, email:
dustin.moody@nist.gov, or by telephone:
(301) 975–8136.
A public email list-serve has been set
up for announcements, as well as a
forum to discuss the standardization
effort being initiated by NIST. For
directions on how to subscribe, please
visit https://www.nist.gov/pqcrypto.
SUPPLEMENTARY INFORMATION: The
National Institute of Standards and
Technology (NIST) has initiated a
process to develop and standardize one
or more additional public-key
cryptographic algorithms to augment
FIPS 186–4, Digital Signature Standard,
as well as special publications SP 800–
56A, Revision 2, Recommendation for
Pair-Wise Key Establishment Schemes
Using Discrete Logarithm Cryptography,
and SP 800–56B, Recommendation for
Pair-Wise Key-Establishment Schemes
Using Integer Factorization
Cryptography. It is intended that the
new public-key cryptography standards
will specify one or more additional
unclassified, publicly disclosed digital
signature, public-key encryption, and
key-establishment algorithms that are
capable of protecting sensitive
government information well into the
foreseeable future, including after the
advent of quantum computers.
As a first step in this process, NIST
solicited public comment on draft
minimum acceptability requirements,
submission requirements, and
evaluation criteria for candidate
algorithms. The comments received are
posted at https://www.nist.gov/pqcrypto,
along with a summary of the changes
made as a result of these comments.
The purpose of this notice is to
announce that nominations for postquantum candidate algorithms may now
be submitted, up until the final deadline
of November 30, 2017. Complete
instructions on how to submit a
candidate package, including the
minimal acceptability requirements, are
posted at https://www.nist.gov/pqcrypto.
The finalized evaluation criteria which
will be used to assess the submissions
are also posted at the same Web site.
FOR FURTHER INFORMATION CONTACT:
Authority: In accordance with the
Information Technology Management Reform
Act of 1996 (Pub. L. 104–106) and the
Federal Information Security Management
Act of 2002 (FISMA) (Pub. L. 107–347), the
Secretary of Commerce is authorized to
approve FIPS. NIST activities to develop
computer security standards to protect
E:\FR\FM\20DEN1.SGM
20DEN1
Agencies
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92785-92787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30541]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Welded Carbon Steel Standard Pipe and Tube Products From Turkey:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 13, 2016, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on welded carbon steel standard pipe and tube
products (welded pipe and tube) from Turkey. The period of review (POR)
is May 1, 2014 through April 30, 2015. Based on our analysis of the
comments received, we have made certain changes in the margin
calculations. Therefore, the final results differ from the preliminary
results. The final weighted-average dumping margins for the reviewed
firms are listed below in the section entitled, ``Final Results of the
Review.'' Further, we continue to find that Erbosan and Yucel Group had
no reviewable shipments of subject merchandise during the POR.
DATES: Effective December 20, 2016.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Scott Hoefke, AD/
CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-4475 or (202)
482-4947, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 13, 2016, the Department published the Preliminary Results
of this review in the Federal Register.\1\ For the events following the
Preliminary Results, see (insert cite to memo.) The Department
conducted this review in accordance with section 751(a)(2) of the
Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Welded Carbon Steel Standard Pipe and Tube Products from
Turkey: Preliminary Results of Antidumping Duty Administrative
Review, and Partial Rescission of Review; 2014-2015, 81 FR 38131
(June 13, 2015) (Preliminary Results) and the accompanying
Memorandum 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; 2014-2015 Administrative
Review,'' dated June 6, 2016 (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
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 7306.30.1000, 7306.30.5025, 7306.30.5032,
7306.30.5040, 7306.30.5055, 7306.30.5085, and 7306.30.5090 of the
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS
subheadings are provided for convenience and customs purposes only. The
written description is dispositive.\2\
---------------------------------------------------------------------------
\2\ A full written description of the scope of the order is
contained in the memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Issues and Decision Memorandum for the Final Results of the
Antidumping Duty Administrative Review: Welded Carbon Steel Standard
Pipe and Tube Products from Turkey; 2014-2015,'' (Issues and
Decision Memorandum), dated concurrently with this notice and
incorporated herein by reference.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, the Department preliminarily determined
that Erbosan and Yucel Group had no shipments during the POR.\3\
Following publication of the Preliminary Results, we received no
comments from interested parties regarding these companies. As a
result, and because the record contains no evidence to the contrary, we
continue to find that Erbosan and Yucel Group made no shipments during
the POR. Accordingly, consistent with the Department's practice, we
will instruct U.S. Customs and Border Protection (CBP) to liquidate any
existing entries of merchandise produced by Erbosan and Yucel Group,
but exported by other parties without their own rate, at the all-others
rate.\4\
---------------------------------------------------------------------------
\3\ See Preliminary Results, 81 FR at 38132, and accompanying
Preliminary Decision Memorandum, at 3-4.
\10\ 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).
---------------------------------------------------------------------------
[[Page 92786]]
Analysis of the Comments Received
All issues raised in the case and rebuttal briefs submitted in this
review are addressed in the Issues and Decision Memorandum, which is
hereby adopted with this notice. A list of the issues raised is
attached as an appendix to this notice. 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 B8024 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 Issues and Decision
Memorandum and the electronic versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made certain
changes to the Preliminary Results. For Toscelik, we adjusted its duty
drawback adjustment, its indirect selling expense ratio, and its net
financial expense ratio. For Borusan, we excluded its overrun and
further processed sales, and adjusted its duty drawback adjustment, its
indirect selling expenses, and its movement expenses. For a full
discussion of these changes, see Issues and Decision Memorandum.
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 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 a 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
assigns to the companies not individually examined (Borusan Birlesik,
Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and Tubeco) the 1.91
percent weighted-average dumping margin calculated for Toscelik.
Final Results of the Review
As a result of this review, we determine that the following
weighted-average dumping margins exist for the period May 1, 2014
through April 30, 2015:
---------------------------------------------------------------------------
\5\ Also includes Borusan Istikbal Ticaret T.A.S. See footnote
3.
\6\ Also includes Tosyali Dis Ticaret A.S. See footnote 4.
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.\5\....... 0.00
Toscelik Profil ve Sac Endustrisi A.S.\6\............... 1.91
Borusan Birlesik Boru Fabrikalari San ve Tic............ 1.91
Borusan Gemlik Boru Tesisleri A.S....................... 1.91
Borusan Ihracat Ithalat ve Dagitim A.S.................. 1.91
Borusan Ithicat ve Dagitim A.S.......................... 1.91
Tubeco Pipe and Steel Corporation....................... 1.91
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Disclosure
We intend to disclose the calculations performed for these final
results of review within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries covered by this review pursuant to
section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
For Toscelik, because its weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent), the Department has
calculated importer-specific antidumping duty assessment rates. We
calculated importer-specific ad valorem antidumping duty assessment
rates by aggregating the total amount of dumping calculated for the
examined sales of each importer and dividing each of these amounts by
the total entered value associated with those sales. We will instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review where an importer-specific assessment rate is not zero or
de minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping duties any entries for which
the importer-specific assessment rate is zero or de minimis.
For Borusan, we will instruct CBP to liquidate its entries during
the POR imported by the importers identified in its questionnaire
responses without regard to antidumping duties because its weighted-
average dumping margin in these final results is zero.\7\ Consistent
with the Department's assessment practice, for entries of subject
merchandise during the POR produced by Borusan, Erbosan, Yucel Group,
or Toscelik for which they did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction.\8\
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\7\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8103, 8103 (February 14,
2012).
\8\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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. We intend to
issue instructions to CBP 15 days after publication of the final
results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of 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) of the
Act: (1) The cash deposit rates will be equal to the weighted-average
dumping margins established in the final results of this review; (2)
for previously reviewed or
[[Page 92787]]
investigated companies not participating in this review, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment of this proceeding in which the
company was reviewed; (3) if the exporter is not a firm covered in this
review, a previous review, or the original less-than-fair-value (LTFV)
investigation, but the manufacturer is, 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.\9\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\9\ See Antidumping Duty Order; Welded Carbon Steel Standard
Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986).
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Notification to Importers
This notice serves as a final 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.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
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 terms of an APO is a sanctionable
violation.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
General Comments
1. Non-Prime Merchandise Sales
2. Duty Drawback
Borusan-Specific Comments
3. Overruns
4. U.S. Movement Expenses
5. Certain Brokerage Expenses
6. Further Processed Sales
Toscelik-Specific Comments
7. Weight Basis for Comparison Methodology
8. INTEX Ratio
9. Indirect Selling Expense Ratio
10. Warehousing Expenses
Recommendation
[FR Doc. 2016-30541 Filed 12-19-16; 8:45 am]
BILLING CODE 3510-DS-P