Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016, 49179-49181 [2017-23020]
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Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices
and Taiwan.1 Currently, the preliminary
determinations in these investigations
are due no later than November 7, 2017.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Postponement of Preliminary
Determination
Section 733(b)(1)(A) of the Tariff Act
of 1930, as amended (Act), requires the
Department to issue the preliminary
determination in a less-than-fair-value
investigation within 140 days after the
date on which the Department initiated
the investigation. However, section
733(c)(1) of the Act permits the
Department to postpone the preliminary
determination until no later than 190
days after the date on which the
Department initiated the investigation
if: (A) The petitioner makes a timely
request for a postponement; or (B) the
Department concludes that the parties
concerned are cooperating, that the
investigation is extraordinarily
complicated, and that additional time is
necessary to make a preliminary
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
state the reasons for the request. The
Department will grant the request unless
it finds compelling reasons to deny the
request. See CFR 351.205(e).
On October 13, 2017, the petitioners 2
submitted a timely request, pursuant to
section 733(c)(1)(A) of the Act, that the
Department postpone the preliminary
determinations in these less-than-fairvalue investigations.3 In accordance
with 19 CFR 351.205(e), the petitioners
stated the reasons for their request.
Specifically, the petitioners state that
additional time is necessary for the
Department to issue supplemental
questionnaires and clarfy the initial
questionnaire responses to accurately
determine whether and what magnitude
of dumping occurred during the period
of investigation.4
1 See Fine Denier Polyester Staple Fiber from the
People’s Republic of China, India, the Republic of
Korea, Taiwan, and the Socialist Republic of
Vietnam: Initiation of Less-Than-Fair-Value
Investigations, 82 FR 29023 (June 27, 2017). The
fine denier PSF from the Socialist Republic of
Vietnam investigation was terminated; see Fine
Denier Polyester Staple Fiber from the Socialist
Republic of Vietnam: Termination of Less-ThanFair-Value Investigation, 82 FR 33480 (July 20,
2017).
2 In these investigations, the petitioners are DAK
Americas LLC, Nan Ya Plastics Corporation,
America, and Auriga Polymers Inc.
3 See the petitioner’s letter, ‘‘Fine Denier
Polyester Staple Fiber from India, the People’s
Republic of China, the Republic of Korea, and
Taiwan—Petitioners’ Request to Postpone the
Antidumping Duty Preliminary Determinations,’’
dated October 13, 2017, requesting postponement of
the preliminary determination.
4 Id.
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17:47 Oct 23, 2017
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For the reasons stated above and
because there is no compelling reason to
deny the request, the Department,
pursuant to section 733(c)(1)(A) of the
Act, is postponing the deadline for these
preliminary determinations to no later
than 181 days after the date on which
these investigations were initiated, i.e.,
to December 18, 2017. Pursuant to
section 735(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determinations will continue to be 75
days after the date of the preliminary
determination, unless postponed at a
later date.
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: October 18, 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.
[FR Doc. 2017–23021 Filed 10–23–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
49179
(Borusan Ithicat); Tubeco Pipe and Steel
Corporation (Tubeco); Erbosan Erciyas
Boru Sanayi ve Ticaret A.S. (Erbosan);
and Yucel Boru ve Profil Endustrisi
A.S., Yucelboru Ihracat Ithalat ve
Pazarlama A.S., and Cayirova Boru
Sanayi ve Ticaret A.S. (collectively, the
Yucel Group). Based on our analysis of
the comments received, we have made
certain changes in the margin
calculations. 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,
Borusan Birlesik, Borusan Gemlik,
Borusan Ihracat, Borusan Ithicat, and
Tubeco had no reviewable shipments of
subject merchandise during the POR.
DATES: Effective October 24, 2017.
FOR FURTHER INFORMATION CONTACT: Fred
Baker or Chelsey Simonovich, 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) 482–2924 or (202) 482–1979,
respectively.
SUPPLEMENTARY INFORMATION:
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; 2015–
2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 6, 2017, 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, 2015 through April 30, 2016.
The review covers the following
producers/exporters of the subject
merchandise: Borusan Istikbal Ticaret
T.A.S. (Borusan Istikbal) and Borusan
Mannesmann Boru Sanayi ve Ticaret
A.S. (Borusan Mannesmann)
(collectively, Borusan); Toscelik Profil
ve Sac Endustrisi A.S., Tosyali Dis
Ticaret A.S., and Toscelik Metal Ticaret
A.S. (Toscelik Metal) (collectively,
Toscelik); Borusan Birlesik Boru
Fabrikalari San ve Tic (Borusan
Birlesik); Borusan Gemlik Boru Tesisleri
A.S. (Borusan Gemlik); Borusan Ihracat
Ithalat ve Dagitim A.S. (Borusan
Ihracat); Borusan Ithicat ve Dagitim A.S.
AGENCY:
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Fmt 4703
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Background
On June 6, 2017, the Department
published the Preliminary Results of
this review in the Federal Register.1 We
invited parties to comment on the
Preliminary Results. On July 20, 2017,
we received a case brief from petitioner
Wheatland Tube Company (Wheatland
Tube). On July 28, 2017, we received a
rebuttal brief from Borusan.2 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
1 See Welded Carbon Steel Standard Pipe and
Tube Products from Turkey: Preliminary Results of
Antidumping Duty Administrative Review, and
Partial Rescission of Review; 2015–2016, 82 FR
26053 (June 6, 2017) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 As explained in the Preliminary Results, the
Department treated Borusan Mannesmann Boru
Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret
T.A.S. as a single entity in this administrative
review. See Preliminary Decision Memorandum, at
1 n.1.
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49180
Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices
only. The written description is
dispositive.3
Final Determination of No Shipments
In the Preliminary Results, the
Department determined that Erbosan,
Borusan Birlesik, Borusan Gemlik,
Borusan Ihracat, Borusan Ithicat, and
Tubeco had no shipments during the
POR.4 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, Borusan Birlesik,
Borusan Gemlik, Borusan Ihracat,
Borusan Ithicat, and Tubeco made no
shipments during the POR. Accordingly,
consistent with the Department’s
practice, we intend to instruct U.S.
Customs and Border Protection (CBP) to
liquidate any existing entries of
merchandise produced by Erbosan,
Borusan Birlesik, Borusan Gemlik,
Borusan Ihracat, Borusan Ithicat, and
Tubeco, but exported by other parties
without their own rate, at the all-others
rate.5
Further, while Borusan Istikbal
submitted a no-shipment certification,
we continue to treat it as a single entity
with Borusan Mannesmann, as there is
no record evidence that warrants
altering this treatment. Because we
continue to find that Borusan had
shipments during this POR, we do not
make a final determination of no
shipments with respect to Borusan
Istikbal.6
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
a full discussion of these changes, see
Issues and Decision Memorandum.
Final 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}.’’
In this review, we have a calculated
a weighted-average dumping margin for
Borusan 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 the 1.55 percent
weighted-average dumping margin
calculated for Borusan.
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, 2015 through April 30,
2016:
Weighted-average
dumping margin
(percent)
Producer or exporter
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan Istikbal Ticaret T.A.S .................................................................
Toscelik Profil ve Sac Endustrisi A.S./Tosyali Dis Ticaret A.S./Toscelik Metal Ticaret A.S.7 ....................................................
Yucel Boru ve Profil Endustrisi A.S .............................................................................................................................................
Yucelboru Ihracat Ithalat ve Pazarlama A.S ...............................................................................................................................
Cayirova Boru Sanayi ve Ticaret A.S ..........................................................................................................................................
Disclosure
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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
3 A full written description of the scope of the
order is contained in the memorandum to Gary
Taverman, ‘‘Issues and Decision Memorandum for
the Final Results of the Antidumping Duty
Administrative Review: Welded Carbon Steel
Standard Pipe and Tube Products from Turkey;
2015–2016,’’ (IDM), dated concurrently with this
notice and incorporated herein by reference.
4 See Preliminary Results, 82 FR at 26054, and
accompanying Preliminary Decision Memorandum,
at 3–4.
VerDate Sep<11>2014
17:47 Oct 23, 2017
Jkt 244001
Register, in accordance with 19 CFR
351.224(b).
1.55
0.00
1.55
1.55
1.55
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)(1).
For Borusan, because its weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.5 percent),
the Department has calculated importerspecific antidumping duty assessment
5 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).
6 See Preliminary Decision Memorandum, at 4.
7 In prior segments of this proceeding, we treated
Toscelik Profil ve Sac Endustrisi A.S., Tosyali Dis
Ticaret A.S., and Toscelik Metal as a single entity.
See, e.g., Welded Carbon Steel Standard Pipe and
Tube Products from Turkey: Final Results of
Antidumping Duty Administrative Review; 2012–
2013, 79 FR 71087, 71088 n.8 (December 1, 2014).
However, in a prior review, we found that Toscelik
Metal has ceased to exist. Id. There is no record
evidence that warrants altering this treatment.
Therefore, for these final results, we are treating
Toscelik and Tosyali as a single entity, and
continue to find that Toscelik Metal no longer
exists.
Assessment
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Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices
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 Toscelik, 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.8
For companies that were not selected
for individual examination, we will
instruct CBP to liquidate unreviewed
entries based on the methodology
described in the ‘‘Final Rates for NonExamined Companies’’ section, above.
Consistent with the Department’s
assessment practice, for entries of
subject merchandise during the POR
produced by any company upon which
we initiated an administrative review,
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 allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.9
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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)(C) 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
investigated companies not
8 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).
9 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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17:47 Oct 23, 2017
Jkt 244001
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.10 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 presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.11
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 and 19
CFR 351.213(h) and 351.221(b)(5) of the
Department’s regulations.
10 See Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products from
Turkey, 51 FR 17784 (May 15, 1986).
11 See 19 CFR 351.402(f)(3).
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49181
Dated: October 18, 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
Background
Scope of the Order
Discussion of the Issues
Toscelik
1. Toscelik’s U.S. Sale that is Outside the
Period of Review
Borusan
2. Reallocation of Zinc Costs
3. ‘‘Match Production’’ Language in the SAS
Program
4. Home Market Sales Intended for Export
5. Sample Sales in the Home Market Database
6. Ministerial Error
7. Distortions Caused by Currency Issues
Recommendation
[FR Doc. 2017–23020 Filed 10–23–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Dr. Nancy Foster Scholarship
Program.
OMB Control Number: 0648–0432.
Form Number(s): None.
Type of Request: Regular (revision
and extension of a currently approved
information collection).
Number of Respondents: 600.
Average Hours per Response: Dr.
Nancy Foster application form: 8 hours;
Letter of Recommendation: 45 minutes;
Bio/Photograph Submission: 1 hour;
Annual Report: 1 hour, 30 minutes; and
Evaluation: 15 minutes.
Burden Hours: 1,917.
Needs and Uses: This request is for a
revision and extension of a current
information collection. The evaluation
form has been completely redesigned.
The National Oceanic and
Atmospheric Administration (NOAA)
Office of National Marine Sanctuaries
E:\FR\FM\24OCN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Pages 49179-49181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23020]
-----------------------------------------------------------------------
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; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 6, 2017, 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, 2015 through April 30, 2016. The review covers the following
producers/exporters of the subject merchandise: Borusan Istikbal
Ticaret T.A.S. (Borusan Istikbal) and Borusan Mannesmann Boru Sanayi ve
Ticaret A.S. (Borusan Mannesmann) (collectively, Borusan); Toscelik
Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., and Toscelik
Metal Ticaret A.S. (Toscelik Metal) (collectively, Toscelik); Borusan
Birlesik Boru Fabrikalari San ve Tic (Borusan Birlesik); Borusan Gemlik
Boru Tesisleri A.S. (Borusan Gemlik); Borusan Ihracat Ithalat ve
Dagitim A.S. (Borusan Ihracat); Borusan Ithicat ve Dagitim A.S.
(Borusan Ithicat); Tubeco Pipe and Steel Corporation (Tubeco); Erbosan
Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan); and Yucel Boru ve Profil
Endustrisi A.S., Yucelboru Ihracat Ithalat ve Pazarlama A.S., and
Cayirova Boru Sanayi ve Ticaret A.S. (collectively, the Yucel Group).
Based on our analysis of the comments received, we have made certain
changes in the margin calculations. 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, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat,
Borusan Ithicat, and Tubeco had no reviewable shipments of subject
merchandise during the POR.
DATES: Effective October 24, 2017.
FOR FURTHER INFORMATION CONTACT: Fred Baker or Chelsey Simonovich, 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) 482-2924 or (202)
482-1979, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2017, the Department published the Preliminary Results
of this review in the Federal Register.\1\ We invited parties to
comment on the Preliminary Results. On July 20, 2017, we received a
case brief from petitioner Wheatland Tube Company (Wheatland Tube). On
July 28, 2017, we received a rebuttal brief from Borusan.\2\ 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; 2015-2016, 82 FR 26053
(June 6, 2017) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ As explained in the Preliminary Results, the Department
treated Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan
Istikbal Ticaret T.A.S. as a single entity in this administrative
review. See Preliminary Decision Memorandum, at 1 n.1.
---------------------------------------------------------------------------
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
[[Page 49180]]
only. The written description is dispositive.\3\
---------------------------------------------------------------------------
\3\ A full written description of the scope of the order is
contained in the memorandum to Gary Taverman, ``Issues and Decision
Memorandum for the Final Results of the Antidumping Duty
Administrative Review: Welded Carbon Steel Standard Pipe and Tube
Products from Turkey; 2015-2016,'' (IDM), dated concurrently with
this notice and incorporated herein by reference.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, the Department determined that Erbosan,
Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and
Tubeco had no shipments during the POR.\4\ 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, Borusan
Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and Tubeco
made no shipments during the POR. Accordingly, consistent with the
Department's practice, we intend to instruct U.S. Customs and Border
Protection (CBP) to liquidate any existing entries of merchandise
produced by Erbosan, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat,
Borusan Ithicat, and Tubeco, but exported by other parties without
their own rate, at the all-others rate.\5\
---------------------------------------------------------------------------
\4\ See Preliminary Results, 82 FR at 26054, and accompanying
Preliminary Decision Memorandum, at 3-4.
\5\ 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).
---------------------------------------------------------------------------
Further, while Borusan Istikbal submitted a no-shipment
certification, we continue to treat it as a single entity with Borusan
Mannesmann, as there is no record evidence that warrants altering this
treatment. Because we continue to find that Borusan had shipments
during this POR, we do not make a final determination of no shipments
with respect to Borusan Istikbal.\6\
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\6\ See Preliminary Decision Memorandum, at 4.
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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 a full discussion of these
changes, see Issues and Decision Memorandum.
Final 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 Borusan 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 the 1.55 percent weighted-
average dumping margin calculated for Borusan.
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, 2015
through April 30, 2016:
------------------------------------------------------------------------
Weighted-average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./ 1.55
Borusan Istikbal Ticaret T.A.S.....................
Toscelik Profil ve Sac Endustrisi A.S./Tosyali Dis 0.00
Ticaret A.S./Toscelik Metal Ticaret A.S.\7\........
Yucel Boru ve Profil Endustrisi A.S................. 1.55
Yucelboru Ihracat Ithalat ve Pazarlama A.S.......... 1.55
Cayirova Boru Sanayi ve Ticaret A.S................. 1.55
------------------------------------------------------------------------
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).
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\7\ In prior segments of this proceeding, we treated Toscelik
Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., and
Toscelik Metal as a single entity. See, e.g., Welded Carbon Steel
Standard Pipe and Tube Products from Turkey: Final Results of
Antidumping Duty Administrative Review; 2012-2013, 79 FR 71087,
71088 n.8 (December 1, 2014). However, in a prior review, we found
that Toscelik Metal has ceased to exist. Id. There is no record
evidence that warrants altering this treatment. Therefore, for these
final results, we are treating Toscelik and Tosyali as a single
entity, and continue to find that Toscelik Metal no longer exists.
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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)(1).
For Borusan, 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
[[Page 49181]]
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 Toscelik, 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.\8\
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\8\ 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).
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For companies that were not selected for individual examination, we
will instruct CBP to liquidate unreviewed entries based on the
methodology described in the ``Final Rates for Non-Examined Companies''
section, above.
Consistent with the Department's assessment practice, for entries
of subject merchandise during the POR produced by any company upon
which we initiated an administrative review, 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.\9\
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\9\ 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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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)(C) 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 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.\10\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\10\ 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 presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.\11\
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\11\ See 19 CFR 351.402(f)(3).
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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 and 19 CFR 351.213(h) and
351.221(b)(5) of the Department's regulations.
Dated: October 18, 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
Background
Scope of the Order
Discussion of the Issues
Toscelik
1. Toscelik's U.S. Sale that is Outside the Period of Review
Borusan
2. Reallocation of Zinc Costs
3. ``Match Production'' Language in the SAS Program
4. Home Market Sales Intended for Export
5. Sample Sales in the Home Market Database
6. Ministerial Error
7. Distortions Caused by Currency Issues
Recommendation
[FR Doc. 2017-23020 Filed 10-23-17; 8:45 am]
BILLING CODE 3510-DS-P
