[Federal Register Volume 62, Number 66 (Monday, April 7, 1997)] [Notices] [Pages 16547-16549] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-8769] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-489-501] Notice of Amended Final Results of Antidumping Duty Administrative Review: Certain Welded Carbon Steel Pipe and Tube From Turkey AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 7, 1997. FOR FURTHER INFORMATION CONTACT: Jennifer Stagner at (202) 482-1673 or Gabriel Adler at (202) 482-1442, Office of Antidumping/Countervailing Duty Enforcement, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230. [[Page 16548]] Applicable Statute and Regulations Unless otherwise indicated, all citations to the statute are references to the provisions effective January 1, 1995, the effective date of the amendments made to the Tariff Act of 1930 (the Act) by the Uruguay Round Agreements Act (URAA). In addition, unless otherwise indicated, all citations to the Department's regulations are to the current regulations, as amended by the interim regulations published in the Federal Register on May 11, 1995 (60 FR 25130). Amended Final Results On December 31, 1996, the Department of Commerce (the Department) published the final results of its administrative review of the antidumping duty order on certain welded carbon steel pipe and tube (pipe and tube) from Turkey (61 FR 69067). The period of review (POR) is May 1, 1994, through April 30, 1995. In January 1997, the petitioners and the Borusan Group (Borusan) filed timely allegations, pursuant to 19 CFR 353.28, of ministerial and clerical errors with regard to the final results in the 1994-95 administrative review of the antidumping duty order on pipe and tube from Turkey. We determine, in accordance with section 735(e) of the Act, that ministerial errors were made in our margin calculation for Borusan. Specifically, Borusan alleged that (1) the verified costs upon which the Department relied for its final results did not include inventory holdings gains; (2) the concordance program (i.e., matching) selected inappropriate matches; and (3) the computer program incorrectly applied the weight savings adjustment to all costs, rather than only to costs based on the weight of coil. In accordance with 19 CFR 353.28(c), we are amending the final results of the administrative review of steel pipe and tube from Turkey to correct these ministerial errors. For a detailed discussion and the Department's analysis, see Memorandum from Case Analysts to Richard W. Moreland, dated March 24, 1997. Additionally, Borusan alleged that (1) the Department's calculation of cost of production is improperly based on an average of the production costs for the period July 1994 to April 1995, and erroneously ignores reported costs for the period July 1993 through June 1994; and (2) the Department erroneously based its level of trade price analysis on the POR rather than on a monthly basis since Turkey experienced hyperinflation during the POR. We determine that these allegations are not ministerial errors pursuant to 19 CFR 353.28(d) because it is a substantive argument for a new methodology. Kerr-McGee Chemical Corp. v. United States, No. 97-2, Slip Op. at 20 (CIT January 8, 1997). Accordingly, we have not considered these issues because they are outside the scope of permissible corrections under 19 CFR 353.28(d). Id. For a detailed discussion and the Department's analysis, see Memorandum from Case Analysts to Richard W. Moreland, dated February 27, 1997. The petitioners alleged that the Department incorrectly relied on the exchange rates for investigations, rather than those for administrative reviews. They state that the Department did not follow its policy outlined in Change in Policy Regarding Currency Conversion (61 FR 9434, March 8, 1996) (Change in Policy). We determine that this allegation is not a ministerial error pursuant to 19 CFR 353.28(d) because it was the Department's intention to limit the application of the Change in Policy. See Final Results, at 69071. Scope of the Review Imports covered by this review are shipments of certain welded carbon steel pipe and tube products with an outside diameter of 0.375 inch or more but not over 16 inches, of any wall thickness. These products are currently classifiable under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90. These products, commonly referred to in the industry as standard pipe and tube, are produced to various American Society for Testing and Materials (ASTM) specifications, most notably A-120, A-53 or A-135. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this proceeding is dispositive. Amended Final Results of Review Upon correction of the ministerial errors, we have determined that the following margins exist for the period indicated: ------------------------------------------------------------------------ Margin Manufacturer/exporter Time period percent ------------------------------------------------------------------------ Borusan.................................... 5/1/94-4/30/95 3.37 ------------------------------------------------------------------------ The Customs Service shall assess antidumping duties on all appropriate entries. Individual differences between United States price and normal value may vary from the percentages stated above. The Department will issue appraisement instructions directly to the Customs Service. Furthermore, the following deposit requirements will be effective, upon publication of this notice of amended final results of review for all shipments of certain circular welded carbon steel pipe and tube from Turkey entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Borusan will be the rate established above; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in the original less than fair value (LTFV) investigation or a previous review, the cash deposit will continue to be the most recent rate published in the final determination or final results for which the manufacturer or exporter received a company-specific rate; (3) if the exporter is not a firm covered in this review, or the original investigation, but the manufacturer is, the cash deposit rate will be that established for the manufacturer of the merchandise in these final results of review or the LTFV investigation; and (4) if neither the exporter nor the manufacturer is a firm covered in this or any previous review, the cash deposit rate will be 14.74 percent, the All Others rate established in the LTFV investigation. These deposit requirements shall remain in effect until publication of the final results of the next administrative review. This notice also serves as final reminder to importers of their responsibility 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. This notice also is the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 353.34(d). Failure to comply is a violation of the APO. This administrative review and notice are in accordance with section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 C.F.R. 353.28. [[Page 16549]] Dated: March 31, 1997. Robert S. LaRussa, Acting Assistant Secretary for Import Administration. [FR Doc. 97-8769 Filed 4-4-97; 8:45 am] BILLING CODE 3510-DS-P