Light-Walled Rectangular Pipe and Tube: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016, 47477-47479 [2017-22072]
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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.6
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation 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.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230, at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of the
Department’s regulations requires that a
request by exporters for postponement
of the final determination be
accompanied by a request for extension
of provisional measures from a fourmonth period to a period not more than
six months in duration.
6 See
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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22:35 Oct 11, 2017
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On September 20, 2017, pursuant to
19 CFR 351.210(e), Elkem requested that
the Department postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.7 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, the Department is postponing the
final determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, the Department
will make its final determination no
later than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, the Department will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: October 4, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers all
forms and sizes of silicon metal, including
silicon metal powder. Silicon metal contains
at least 85.00 percent but less than 99.99
percent silicon, and less than 4.00 percent
iron, by actual weight. Semiconductor grade
silicon (merchandise containing at least
99.99 percent silicon by actual weight and
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheading 2804.61.0000) is excluded from
the scope of this investigation.
Silicon metal is currently classifiable
under subheadings 2804.69.1000 and
7 See Letter from Elkem, ‘‘Request for
Postponement of Final Determination,’’ dated
September 20, 2017.
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Frm 00032
Fmt 4703
Sfmt 4703
47477
2804.69.5000 of the HTSUS. While HTSUS
numbers are provided for convenience and
customs purposes, the written description of
the scope remains dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Preliminary Determination of No Sales
VI. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price and Constructed Export
Price
X. Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
D. Calculation of NV Based on Comparison
Market Prices
E. Calculation of NV Based on Constructed
Value
XI. Currency Conversion
XII. Critical Circumstances
XIII. Conclusion
[FR Doc. 2017–22065 Filed 10–11–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–815]
Light-Walled Rectangular Pipe and
Tube: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2015–
2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 6, 2017, the
Department of Commerce (Department)
published the preliminary results of the
2015–2016 administrative review (AR)
of the antidumping duty (AD) order on
light-walled rectangular pipe and tube
(LWRPT) from Turkey for the period
May 1, 2015, through April 30, 2016
(POR). Based on our analysis of the
comments received, we made changes to
the margin calculations for the final
results of this AR. The final weightedaverage dumping margins are listed
below in the ‘‘Final Results of Review’’
section of this notice.
DATES: Applicable October 12, 2017.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill, AD/CVD Operations,
AGENCY:
E:\FR\FM\12OCN1.SGM
12OCN1
47478
Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
Office IV, Enforcement & Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–3518.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2017, the Department
published in the Federal Register the
preliminary results of the 2015–2016 AR
of the AD order on LWRPT from
Turkey.1 For events subsequent to the
Preliminary Results, see the
Department’s Issues and Decision
Memorandum.2 This review covers nine
producers/exporters of subject
merchandise, including the two
respondents selected for individual
examination: Agir Haddecilik A.S.
(Agir), Cayirova Boru Sanayi ve Ticaret
A.S., CINAR Boru Profil Sanayi ve
Ticaret A.S., Noksel Celik Boru Sanayi
A.S., Toscelik Metal Ticaret A.S.,
Toscelik Profil ve Sac Endustrisi A.S.,
Tosyali Dis Ticaret A.S., Yucelboru
Ihracat Ithalat ve Pazarlama A.S., and
Yucel Boru ve Profil Endustrisi A.S.
Scope of the Order
asabaliauskas on DSKBBXCHB2PROD with NOTICES
The merchandise subject to this order
is certain welded carbon quality lightwalled steel pipe and tube, of
rectangular (including square) cross
section, having a wall thickness of less
than 4 mm.3 The welded carbon-quality
rectangular pipe and tube subject to this
order is currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7306.61.50.00 and 7306.61.70.60. While
HTSUS subheadings are provided for
convenience and CBP’s customs
1 See Light-Walled Rectangular Pipe and Tube
from Turkey: Preliminary Results of Antidumping
Duty Administrative Review; 2015–2016, 82 FR
26044 (June 6, 2017) (Preliminary Results) and
accompanying Decision Memorandum from Gary
Taverman, Deputy Assistant Secretary,
Antidumping and Countervailing Duty Operations
to Ronald K. Lorentzen, Acting Assistant Secretary,
Enforcement and Compliance, ‘‘Decision
Memorandum for Preliminary Results of the 2015–
2016 Antidumping Duty Administrative Review of
Light-Walled Rectangular Pipe and Tube from
Turkey,’’ dated May 31,2017 (Preliminary Decision
Memorandum).
2 See Memorandum from James Maeder, Senior
Director, performing the duties of Deputy Assistant
Secretary for Antidumping Duty and Countervailing
Duty Operations to Gary Taverman, Deputy
Assistant Secretary, Antidumping and
Countervailing Duty Operations performing the
non-exclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance ‘‘2015–
2016 Antidumping Duty Administrative Review of
Light-Walled Rectangular Pipe and Tube from
Turkey: Issues and Decision Memorandum for the
Final Results,’’ dated concurrently with this notice
(Issues and Decision Memorandum).
3 For a complete description of the scope of the
order, see Issues and Decision Memorandum.
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22:35 Oct 11, 2017
Jkt 244001
purposes, our written description of the
scope of the order is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. A list of the
issues that parties raised, and to which
we responded in the Issues and
Decision Memorandum, follows 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 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
on the Internet at https://
enforcement.trade.gov/frn/. The paper
copy and electronic version of the Issues
and Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, and for the reasons explained in
the Issues and Decision Memorandum,
we made revisions to our preliminary
calculations of the weighted-average
dumping margins for the mandatory
respondents, CINAR and Noksel.4
Regarding CINAR, the Department
modified CINAR’s home market and
margin calculation programs to capture
all domestic brokerage and handling
expenses and revised the date
parameters that define home market and
U.S. sales. Regarding Noksel, the
Department modified Noksel’s U.S.
margin program to exclude certain sales
that were entered outside of the POR.
Final Determination of No Shipments
In the Preliminary Results, we found
that one company, Agir Haddecilik A.S.,
had no shipments during the POR.5
Consistent with the Department’s
assessment practice, the Department
completed the review with respect to
Agir.6 For these final results, we
4 See Issues and Decision Memorandum at
comments 7, 8, and 11.
5 See Preliminary Results.
6 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
continue to find that Agir had no
shipments during the POR.7 As noted in
the ‘‘Assessment’’ section below, the
Department will issue appropriate
instructions with respect to this
company to CBP based on our final
results.8 In addition, Agir will maintain
its dumping margin from the most
recently completed segment of this
proceeding in which it participated.,
i.e., 0.00 percent.9
Final Results of Review
As a result of this review, we
determine the following weightedaverage dumping margins exist for the
POR:
Manufacturer/exporter
Cinar Boru Profil Sanayi ve
Ticaret A.S ............................
Noksel Celik Boru Sanayi A.S ..
Agir Haddecilik A.S ...................
Toscelik Profil ve Sac
Endustrisi A.S .......................
Toscelik Metal Ticaret A.S .......
Tosyali Dis Ticaret A.S .............
Yucel Boru ve Profil Endustrisi
A.S ........................................
Yucelboru Ihracat Ithalat ve
Pazarlama A.S ......................
Cayirova Boru Sanayi ve
Ticaret A.S ............................
Weightedaverage
margin
(percent)
18.16
4.93
(*)
7.22
7.22
7.22
7.22
7.22
7.22
* No shipments or sales subject to this
review.
Consistent with the Preliminary
Results, we calculated a weightedaverage margin for the
companies not selected for individual
examination (i.e., Cayirova Boru Sanayi
ve Ticaret A.S., Toscelik Metal Ticaret
A.S., Toscelik Profil ve Sac Endustrisi
A.S., Tosyali Dis Ticaret A.S.,
Yucelboru Ihracat Ithalat ve Pazarlama
A.S., and Yucel Boru ve Profil
Endustrisi A.S.) using the weightedaverage dumping margins of the
individually-examined respondents,
based on their publicly available, ranged
total U.S. sales values of the selected
respondents. The resulting weightedaverage dumping margin being assigned
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR at 51306
(August 28, 2014).
7 See Issues and Decision Memorandum at
Comment 1.
8 See ‘‘Assessment’’ section of this notice, below.
9 See Light-Walled Rectangular Pipe and Tube
from Turkey: Final Results of Antidumping Duty
Administrative Review; 2014–2015, 81 FR 28823
(May 10, 2016).
E:\FR\FM\12OCN1.SGM
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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices
to the non-individually examined
respondents is 7.22 percent.10
Disclosure
The Department intends 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 Rates
The Department shall determine and
Customs and Border Protection (CBP)
shall assess antidumping duties on all
appropriate entries.11 The Department
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. The
Department 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 the
Final Modification for Reviews, 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. Additionally,
because the Department determined that
Agir Haddecilik A.S. had no shipments
of the subject merchandise, any
suspended entries that entered under
the company’s case numbers (i.e., at the
company’s rate) will be liquidated at the
all-others rate effective during the
period of review, consistent with the
Department’s practice.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
10 See Memorandum from Jonathan Hill,
International Trade Compliance Analyst, AD/CVD
Operations, Office IV, Enforcement and Compliance
to The File ‘‘Final Results of the 2015—2016
Antidumping Duty Administrative Review of LightWalled Rectangular Pipe and Tube from Turkey:
Calculation of the Rate for Respondents Not
Selected for Individual Examination,’’ dated
concurrently with this notice.
11 In these final results, the Department applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
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22:35 Oct 11, 2017
Jkt 244001
cash deposit rate for respondents noted
above will be the rate established in the
final results of this administrative
review; (2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
investigation, but the producer is, the
cash deposit rate will be the rate
established for the most recent period
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 27.04 percent, the all-others rate
established in the investigation.12 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice also 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
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
47479
Dated: October 4, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
Summary
Scope of the Order
Discussion of the Issues
I. General Issues
Comment 1: Cash Deposit Instructions
Comment 2: Assessment of Antidumping
Duties
II. Company Specific Issues
Agir Haddecilik A.S.
Comment 3: Finding of No Shipments
CINAR Boru Profil Sanayi ve Ticaret A.S.
Comment 4: Certificate of Service
Comment 5: Duty Drawback Adjustment
Comment 6: Product Characteristic
Modification
Comment 7: Home Market and Margin SAS
Program Date Parameters
Comment 8: U.S. Brokerage and Handling
(B&H) Expenses
Noksel Celik Boru Sanayi A.S.
Comment 9: Duty Drawback Adjustment
Comment 10: Imputed Home Market Credit
Expenses
Comment 11: Inclusion of Certain Sales
Outside of the POR
Comment 12: Application of AFA to a U.S.
Sale
Comment 13: Application of AFA Based on
CBP Entry Data
Recommendation
[FR Doc. 2017–22072 Filed 10–11–17; 8:45 am]
Notification Regarding Administrative
Protective Orders (APO)
BILLING CODE 3510–DS–P
This notice also serves as a reminder
to parties subject to APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. 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
violation which is subject to sanction.
This notice of the final results of this
antidumping duty administrative review
is issued and published in accordance
with sections 751(a)(1) and 777(i) of the
Act and 19 CFR 351.213 and 19 CFR
351.221(b)(5).
DEPARTMENT OF COMMERCE
12 See Notice of Final Determination of Sales at
Less Than Fair Value: Light-Walled Rectangular
Pipe and Tube from Turkey, 73 FR 19814 (April 11,
2008).
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Fmt 4703
Sfmt 4703
International Trade Administration
[C–489–502]
Circular Welded Carbon Steel Pipes
and Tubes From Turkey: Final Results
of Countervailing Duty Administrative
Review; Calendar Year 2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has completed the
administrative review of the
countervailing duty (CVD) order on
circular welded carbon steel pipes and
tubes (pipes and tubes) from Turkey for
the January 1, 2015, through December
31, 2015, period of review (POR) in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
This review covers multiple exporters/
producers, two of which are being
individually examined as mandatory
respondents. We have determined that
AGENCY:
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]]>Agencies
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47477-47479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22072]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-815]
Light-Walled Rectangular Pipe and Tube: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 6, 2017, the Department of Commerce (Department)
published the preliminary results of the 2015-2016 administrative
review (AR) of the antidumping duty (AD) order on light-walled
rectangular pipe and tube (LWRPT) from Turkey for the period May 1,
2015, through April 30, 2016 (POR). Based on our analysis of the
comments received, we made changes to the margin calculations for the
final results of this AR. The final weighted-average dumping margins
are listed below in the ``Final Results of Review'' section of this
notice.
DATES: Applicable October 12, 2017.
FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations,
[[Page 47478]]
Office IV, Enforcement & Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-3518.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2017, the Department published in the Federal Register
the preliminary results of the 2015-2016 AR of the AD order on LWRPT
from Turkey.\1\ For events subsequent to the Preliminary Results, see
the Department's Issues and Decision Memorandum.\2\ This review covers
nine producers/exporters of subject merchandise, including the two
respondents selected for individual examination: Agir Haddecilik A.S.
(Agir), Cayirova Boru Sanayi ve Ticaret A.S., CINAR Boru Profil Sanayi
ve Ticaret A.S., Noksel Celik Boru Sanayi A.S., Toscelik Metal Ticaret
A.S., Toscelik Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S.,
Yucelboru Ihracat Ithalat ve Pazarlama A.S., and Yucel Boru ve Profil
Endustrisi A.S.
---------------------------------------------------------------------------
\1\ See Light-Walled Rectangular Pipe and Tube from Turkey:
Preliminary Results of Antidumping Duty Administrative Review; 2015-
2016, 82 FR 26044 (June 6, 2017) (Preliminary Results) and
accompanying Decision Memorandum from Gary Taverman, Deputy
Assistant Secretary, Antidumping and Countervailing Duty Operations
to Ronald K. Lorentzen, Acting Assistant Secretary, Enforcement and
Compliance, ``Decision Memorandum for Preliminary Results of the
2015-2016 Antidumping Duty Administrative Review of Light-Walled
Rectangular Pipe and Tube from Turkey,'' dated May 31,2017
(Preliminary Decision Memorandum).
\2\ See Memorandum from James Maeder, Senior Director,
performing the duties of Deputy Assistant Secretary for Antidumping
Duty and Countervailing Duty Operations to Gary Taverman, Deputy
Assistant Secretary, Antidumping and Countervailing Duty Operations
performing the non-exclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance ``2015-2016 Antidumping
Duty Administrative Review of Light-Walled Rectangular Pipe and Tube
from Turkey: Issues and Decision Memorandum for the Final Results,''
dated concurrently with this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to this order is certain welded carbon
quality light-walled steel pipe and tube, of rectangular (including
square) cross section, having a wall thickness of less than 4 mm.\3\
The welded carbon-quality rectangular pipe and tube subject to this
order is currently classified under the Harmonized Tariff Schedule of
the United States (HTSUS) subheadings 7306.61.50.00 and 7306.61.70.60.
While HTSUS subheadings are provided for convenience and CBP's customs
purposes, our written description of the scope of the order is
dispositive.
---------------------------------------------------------------------------
\3\ For a complete description of the scope of the order, see
Issues and Decision Memorandum.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice. A list of the issues that
parties raised, and to which we responded in the Issues and Decision
Memorandum, follows 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 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 on the Internet at https://enforcement.trade.gov/frn/. The paper copy and electronic version of
the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
revisions to our preliminary calculations of the weighted-average
dumping margins for the mandatory respondents, CINAR and Noksel.\4\
Regarding CINAR, the Department modified CINAR's home market and margin
calculation programs to capture all domestic brokerage and handling
expenses and revised the date parameters that define home market and
U.S. sales. Regarding Noksel, the Department modified Noksel's U.S.
margin program to exclude certain sales that were entered outside of
the POR.
---------------------------------------------------------------------------
\4\ See Issues and Decision Memorandum at comments 7, 8, and 11.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, we found that one company, Agir
Haddecilik A.S., had no shipments during the POR.\5\ Consistent with
the Department's assessment practice, the Department completed the
review with respect to Agir.\6\ For these final results, we continue to
find that Agir had no shipments during the POR.\7\ As noted in the
``Assessment'' section below, the Department will issue appropriate
instructions with respect to this company to CBP based on our final
results.\8\ In addition, Agir will maintain its dumping margin from the
most recently completed segment of this proceeding in which it
participated., i.e., 0.00 percent.\9\
---------------------------------------------------------------------------
\5\ See Preliminary Results.
\6\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at
51306 (August 28, 2014).
\7\ See Issues and Decision Memorandum at Comment 1.
\8\ See ``Assessment'' section of this notice, below.
\9\ See Light-Walled Rectangular Pipe and Tube from Turkey:
Final Results of Antidumping Duty Administrative Review; 2014-2015,
81 FR 28823 (May 10, 2016).
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Final Results of Review
As a result of this review, we determine the following weighted-
average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
Cinar Boru Profil Sanayi ve Ticaret A.S.................... 18.16
Noksel Celik Boru Sanayi A.S............................... 4.93
Agir Haddecilik A.S........................................ (*)
Toscelik Profil ve Sac Endustrisi A.S...................... 7.22
Toscelik Metal Ticaret A.S................................. 7.22
Tosyali Dis Ticaret A.S.................................... 7.22
Yucel Boru ve Profil Endustrisi A.S........................ 7.22
Yucelboru Ihracat Ithalat ve Pazarlama A.S................. 7.22
Cayirova Boru Sanayi ve Ticaret A.S........................ 7.22
------------------------------------------------------------------------
* No shipments or sales subject to this review.
Consistent with the Preliminary Results, we calculated a weighted-
average margin for the
companies not selected for individual examination (i.e., Cayirova
Boru Sanayi ve Ticaret A.S., Toscelik Metal Ticaret A.S., Toscelik
Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., Yucelboru
Ihracat Ithalat ve Pazarlama A.S., and Yucel Boru ve Profil Endustrisi
A.S.) using the weighted-average dumping margins of the individually-
examined respondents, based on their publicly available, ranged total
U.S. sales values of the selected respondents. The resulting weighted-
average dumping margin being assigned
[[Page 47479]]
to the non-individually examined respondents is 7.22 percent.\10\
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\10\ See Memorandum from Jonathan Hill, International Trade
Compliance Analyst, AD/CVD Operations, Office IV, Enforcement and
Compliance to The File ``Final Results of the 2015--2016 Antidumping
Duty Administrative Review of Light-Walled Rectangular Pipe and Tube
from Turkey: Calculation of the Rate for Respondents Not Selected
for Individual Examination,'' dated concurrently with this notice.
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Disclosure
The Department intends 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 Rates
The Department shall determine and Customs and Border Protection
(CBP) shall assess antidumping duties on all appropriate entries.\11\
The Department 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. The
Department 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 the Final
Modification for Reviews, 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. Additionally, because
the Department determined that Agir Haddecilik A.S. had no shipments of
the subject merchandise, any suspended entries that entered under the
company's case numbers (i.e., at the company's rate) will be liquidated
at the all-others rate effective during the period of review,
consistent with the Department's practice.
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\11\ In these final results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication 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 respondents
noted above will be the rate established in the final results of this
administrative review; (2) for previously reviewed or investigated
companies not listed above, the cash deposit rate will continue to be
the company-specific rate published for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior review, or
the original investigation, but the producer is, the cash deposit rate
will be the rate established for the most recent period for the
producer of the merchandise; and (4) the cash deposit rate for all
other producers or exporters will continue to be 27.04 percent, the
all-others rate established in the investigation.\12\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\12\ See Notice of Final Determination of Sales at Less Than
Fair Value: Light-Walled Rectangular Pipe and Tube from Turkey, 73
FR 19814 (April 11, 2008).
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Notification to Importers Regarding the Reimbursement of Duties
This notice also 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Orders (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. 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 violation which
is subject to sanction.
This notice of the final results of this antidumping duty
administrative review is issued and published in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213 and 19 CFR
351.221(b)(5).
Dated: October 4, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
Summary
Scope of the Order
Discussion of the Issues
I. General Issues
Comment 1: Cash Deposit Instructions
Comment 2: Assessment of Antidumping Duties
II. Company Specific Issues
Agir Haddecilik A.S.
Comment 3: Finding of No Shipments
CINAR Boru Profil Sanayi ve Ticaret A.S.
Comment 4: Certificate of Service
Comment 5: Duty Drawback Adjustment
Comment 6: Product Characteristic Modification
Comment 7: Home Market and Margin SAS Program Date Parameters
Comment 8: U.S. Brokerage and Handling (B&H) Expenses
Noksel Celik Boru Sanayi A.S.
Comment 9: Duty Drawback Adjustment
Comment 10: Imputed Home Market Credit Expenses
Comment 11: Inclusion of Certain Sales Outside of the POR
Comment 12: Application of AFA to a U.S. Sale
Comment 13: Application of AFA Based on CBP Entry Data
Recommendation
[FR Doc. 2017-22072 Filed 10-11-17; 8:45 am]
BILLING CODE 3510-DS-P
