[Federal Register Volume 70, Number 237 (Monday, December 12, 2005)]
[Notices]
[Pages 73447-73448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23923]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]


Notice of 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.

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 June 7, 2005, 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 and tube'') from Turkey. This review 
covers two producers/exporters of the subject merchandise. The period 
of review (``POR'') is May 1, 2003, through April 30, 2004. 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.

EFFECTIVE DATE: December 12, 2005.

FOR FURTHER INFORMATION CONTACT: Christopher Hargett, George McMahon, 
or Jim Terpstra, AD/CVD Operations, Office 3, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-4161, (202) 482-1167 or (202) 482-3965, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers two producers/exporters of the subject 
merchandise: (1) the Y[uuml]cel Group (``Y[uuml]cel''), which includes 
[Ccedil]ayirova Boru Sanayi ve Ticaret A.S. and its affiliate, 
Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama A.S. (collectively 
referred to as ``[Ccedil]ayirova'') and (2) the Borusan Group 
(``Borusan'').\1\ On June 7, 2005, the Department published the 
preliminary results of this review and invited interested parties to 
comment on those results.\2\ On July 21, 2005, we received case briefs 
from [Ccedil]ayirova, Borusan, and domestic interested parties.\3\ On 
July 28, 2005, we received rebuttal briefs from the same parties. A 
public hearing was held on August 4, 2005.\4\
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    \1\ The Borusan Group includes Borusan Birlesik Boru Fabrikalari 
A.S., Mannesmann Boru End strisi T.A.S., Borusan Mannesmann Boru 
Sanayii ve Ticaret A.S., and Istikbal Ticaret T.A.S.
    \2\ Notice of Preliminary Results of Antidumping Administrative 
Review: Ceratin Welded Carbon Steel Pipe and Tube from Turkey, 70 FR 
33084 (June 7, 2005).
    \3\ Petitioners are Allied Tube and Conduit Corporation, and 
Wheatland Tube Company.
    \4\ A copy of the transcript of the hearing is available in the 
Cental Records Unit (``CRU'') of the Department.
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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 applications. All carbon steel pipes and tubes within the physical 
description outlined above are included in the scope of this order, 
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 
Stephen J. Claeys, Deputy Assistant Secretary for Import 
Administration, to Joseph A. Spetrini, Acting Assistant Secretary for 
Import Administration, dated December 5, 2005 (``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 
recommendation in the Decision Memorandum, which is on file in the CRU, 
room B-099 of the main Department of 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 
changes detailed in the Decision Memorandum. For [Ccedil]ayirova, we 
have made the contract date as the date of sale, changed the weighting 
factors matching home market and U.S. market sales, and applied the 
countervailing duty adjustment.\5\ For Borusan, we have restored 
certain U.S. and home market sales.\6\
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    \5\ Decision Memorandum, December 5, 2005, at comments 1, 3 and 
4.
    \6\ Id., at comment 5.
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Cost of Production

    We calculated the cost of production (``COP'') for the merchandise 
based on the same methodology used in the preliminary results.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average percentage margins exist for the period May 1, 2003, 
through April 30, 2004:

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                Manufacturer/Exporter                  Margin (percent)
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Borusan.............................................                0.86
[Ccedil]ayirova.....................................                3.52
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[[Page 73448]]

    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 
companies 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 section 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 information disclosed under APO in accordance with 
section 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: December 5, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

APPENDIX

List of Comments in the Issues and Decision Memorandum

Comment 1: Date of Sale
Comment 2: ASTM Pipe in the Home Market
Comment 3: Weighting Factors in the Model Match Program
Comment 4: CVD Adjustment
Comment 5: Certain United States and Home Market Sales
Comment 6: Cash Deposit Rate
Comment 7: Duty Drawback
Comment 8: Test for Below-Cost Sales
[FR Doc. 05-23923 Filed 12-9-05; 8:45 am]
BILLING CODE 3510-DS-S