[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]


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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