[Federal Register Volume 69, Number 154 (Wednesday, August 11, 2004)]
[Notices]
[Pages 48843-48845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18393]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]


Antidumping Administrative Review: Certain Welded Carbon Steel 
Pipe and Tube From Turkey

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of antidumping duty administrative 
review: certain welded carbon steel pipe and tube from Turkey.

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SUMMARY: On April 6, 2004, the Department of Commerce (the Department) 
published the preliminary results of its administrative review of the 
antidumping duty order on certain welded carbon steel pipe and tube 
(welded pipe) from Turkey. This review covers one producer/exporter of 
the subject merchandise. The period of review (POR) is May 1, 2002, 
through April 30, 2003. Based on our analysis of the comments received, 
these final results differ from the preliminary results. The final 
results are listed below in the Final Results of Review section.

DATES: Effective August 11, 2004.

FOR FURTHER INFORMATION CONTACT: Martin Claessens or Jim Terpstra, 
Office 3, AD/CVD Enforcement, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5451 and (202) 482-3965, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers the Borusan Group (Borusan), a producer/exporter 
of the subject merchandise. On April 6, 2004, the Department published 
the preliminary results of this review and invited interested parties 
to comment on those results. See Notice of Preliminary Results of 
Antidumping Administrative Review: Certain Welded Carbon Steel Pipe and 
Tube from Turkey, 69 FR 18049 (Preliminary Results). On May 6,

[[Page 48844]]

2004, we received case briefs from Borusan and domestic interested 
parties.\1\ On May 13, 2004, we received rebuttal briefs from the same 
parties. No public hearing was requested.
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    \1\ Domestic Interested Parties are Allied Tube & Conduit 
Corporation, IPSCO Tubulars, Inc., and Wheatland Tube Company.
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Scope of the Order

    The products covered by this order include circular welded non-
alloy steel pipes and tubes, of circular cross-section, not more than 
406.4 millimeters (16 inches) in outside diameter, regardless of wall 
thickness, surface finish (black, or galvanized, painted), or end 
finish (plain end, beveled end, threaded and coupled). Those pipes and 
tubes are generally known as standard pipe, though they may also be 
called structural or mechanical tubing in certain applications. 
Standard pipes and tubes are intended for the low pressure conveyance 
of water, steam, natural gas, air, and other liquids and gases in 
plumbing and heating systems, air conditioner units, automatic 
sprinkler systems, and other related uses. Standard pipe may also be 
used for light load-bearing and mechanical applications, such as for 
fence tubing, and for protection of electrical wiring, such as conduit 
shells.
    The scope is not limited to standard pipe and fence tubing, or 
those types of mechanical and structural pipe that are used in standard 
pipe application. All carbon steel pipes and tubes within the physical 
description outlined above are included in the scope of this review, 
except for line pipe, oil country tubular goods, boiler tubing, cold-
drawn or cold-rolled mechanical tubing, pipe and tube hollows for 
redraws, finished scaffolding, and finished rigid conduit.
    Imports of 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. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this proceeding is 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the ``Issues and Decision Memorandum for 
the Final Results of the Administrative Review of the Antidumping Duty 
Order on Certain Welded Carbon Steel Pipe and Tube from Turkey'' from 
Jeffrey May, Deputy Assistant Secretary for Operations, Import 
Administration, to James J. Jochum, Assistant Secretary for Import 
Administration, dated August 4, 2004 (Decision Memorandum), which is 
hereby adopted by this notice.
    A list of the issues which parties have raised and to which we have 
responded, all of which are addressed in the Decision Memorandum, is 
attached to this notice as an Appendix. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in this public memorandum, which is on file in the 
Central Records Unit, room B-099 of the main Commerce building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Internet at http://ia.ita.doc.gov/frn. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Fair Value Comparisons

    We calculated export price (EP) and normal value (NV) based on the 
same methodology used in the preliminary results, except for minor 
clerical error changes, which are detailed in the Decision Memorandum.

Cost of Production

    We calculated the cost of production (COP) for the merchandise 
based on the same methodology used in the preliminary results, except 
for the calculation of Borusan's financial expense ratio. We have now 
included foreign exchange gains and losses on accounts receivable in 
Borusan's financial expense ratio. See Decision Memorandum.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average percentage margin exists for the period May 1, 2002, 
through April 30, 2003:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/Exporter                      (percent)
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Borusan....................................................         1.48
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    The Department shall determine, and the U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. In accordance with section 351.212(b)(1) of the Department's 
regulations, we have calculated importer-specific assessment rates by 
dividing the dumping margin found on the subject merchandise examined 
by the entered value of such merchandise. Where the importer-specific 
assessment rate is above de minimis we will instruct CBP to assess 
antidumping duties on that importer's entries of subject merchandise. 
The Department will issue appropriate assessment instructions directly 
to CBP within 15 days of publication of these final results of review.
    Furthermore, the following deposit requirements will be effective 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of these 
final results of administrative review, as provided by section 751(a) 
of the Tariff Act of 1930, as amended (the Act): (1) For the company 
named above, the cash deposit rate will be the rate listed above, 
except where the margin is zero or de minimis no cash deposit will be 
required; (2) for merchandise exported by manufacturers or exporters 
not covered in this review but covered in a previous segment of this 
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the most recent final results in which that 
manufacturer or exporter participated; (3) if the exporter is not a 
firm covered in this review or in any previous segment of this 
proceeding, 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 in the most recent segment of the proceeding in 
which that manufacturer participated; and (4) if neither the exporter 
nor the manufacturer is a firm covered in this review or in any 
previous segment of this proceeding, the cash deposit rate will be 
14.74 percent, the all-others rate established in the less-than-fair-
value investigation. These deposit requirements shall remain in effect 
until publication of the final results of the next administrative 
review.
    This notice also serves as a final reminder to importers of their 
responsibility under Sec.  351.402(f) of the Department's regulations 
to file a certificate regarding the reimbursement of antidumping and 
countervailing 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 and countervailing duties occurred, and in the subsequent 
assessment of antidumping duties increased by the amount of antidumping 
and/or countervailing duties reimbursed.
    This notice also is the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary

[[Page 48845]]

information disclosed under APO in accordance with Sec.  351.305(a)(3) 
of the Department's regulations. Failure to comply is a violation of 
the APO.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 4, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix--List of Comments in the Issues and Decision Memorandum

Comment 1: Exchange Rates
Comment 2: Programming Errors
Comment 3: Cash Deposit Instructions
Comment 4: Duty Drawback
Comment 5: Financial Expense Ratio
Comment 6: Valuation of Hot-Rolled Coil Inputs Purchased from 
Affiliates
[FR Doc. 04-18393 Filed 8-10-04; 8:45 am]
BILLING CODE 3510-DS-P