[Federal Register Volume 71, Number 147 (Tuesday, August 1, 2006)]
[Notices]
[Pages 43444-43446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12372]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-489-501)


Notice of Final Results of Antidumping Duty New Shipper Review: 
Certain Welded Carbon Steel Pipe and Tube from Turkey

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

[[Page 43445]]

SUMMARY: On April 26, 2006, the Department of Commerce (``the 
Department'') published the preliminary results of its new shipper 
review of the antidumping duty order on certain welded carbon steel 
pipe and tube (``welded pipe and tube'') from Turkey. This review 
covers one producer/exporter of the subject merchandise. The period of 
review (``POR'') is May 1, 2004, through April 30, 2005. On June 2, 
2006, we received a case brief from petitioner.\1\ On June 9, 2006, we 
received a rebuttal brief from respondent.\2\ Based on the Department's 
analysis of the issues, these final results have not changed from the 
preliminary results. The final results are listed in the section below 
entitled ``Final Results of Review.''
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    \1\ The petitioners are Allied Tube and Conduit Corporation, 
IPSCO Tubulars, Inc., Sharon Tube Company, and Wheatland Tube 
Company (collectively, ``petitioner'').
    \2\ The respondent is Toscelik Profil ve Sac Endustrisi A.S., 
Toscelik Metal Ticaret A.S., and its affiliated export trading 
company, Tosyali Dis Ticaret A.S. (collectively, ``Toscelik'').

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EFFECTIVE DATE: August 1, 2006.

FOR FURTHER INFORMATION CONTACT: Victoria Cho or George McMahon, 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-
5075, or (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 3, 2006, the Department published in the Federal Register 
the preliminary results of this new shipper review and invited 
interested parties to comment on those results.\3\ Consequently, the 
Department received comments from petitioner and respondent. However, 
the Department did not receive a request for a hearing from interested 
parties.
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    \3\ See Notice of Preliminary Results of Antidumping Duty New 
Shipper Review: Certain Welded Carbon Steel Pipe and Tube from 
Turkey, 71 FR 26043 (May 3, 2006) (``Preliminary Results'').
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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 New Shipper 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 David M. Spooner, Assistant Secretary for Import 
Administration, dated July 25, 2006 (``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 
Central Records Unit, 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.

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, 2004, 
through April 30, 2005:

------------------------------------------------------------------------
           Manufacturer/Exporter                  Margin (percent)
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Toscelik Profil ve Sac Endustrisi A.S.,                     0.00 percent
 Toscelik Metal Ticaret A.S., and its
 affiliated export trading company,
 Tosyali Dis Ticaret A.S..................
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Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries, pursuant to 19 CFR 351.212(b). The Department 
calculated importer-specific duty assessment rates on the basis of the 
ratio of the total amount of antidumping duties calculated for the 
examined sales to the total entered value of the examined sales for 
that importer. In accordance with 19 CFR 351.106(c)(2), we will 
instruct CBP to liquidate without regard to antidumping duties, all 
entries of subject merchandise during the POR for which the importer-
specific assessment rate is zero or de minimis. The Department will 
issue appropriate assessment instructions directly to CBP within 15 
days of publication of these final results of review.

[[Page 43446]]

Cash Deposits Requirements

    Bonding will no longer be permitted to fulfill security 
requirements for shipments from Toscelik of subject merchandise from 
Turkey entered, or withdrawn from warehouse, for consumption in the 
United States on or after the publication of this notice in the Federal 
Register. The following cash deposit rates shall be required for 
merchandise subject to the order entered, or withdrawn from warehouse, 
for consumption on or after the publication date of these final results 
for this new shipper review, as provided for by section 751(a)(1) of 
the Act, as amended: (1) The cash deposit rates for Toscelik (i.e., for 
subject merchandise both manufactured and exported by Toscelik) will be 
zero; (2) the cash deposit rate for exporters who received a rate in a 
prior segment of the proceeding will continue to be the rate assigned 
in that segment of the proceeding; (3) the cash deposit rate for 
entries of subject merchandise exported by Toscelik but not 
manufactured by Toscelik will continue to be the ``All Others'' rate 
(i.e., 14.74 percent) or the rate applicable to the manufacturer, if so 
established; and (4) if neither the exporter nor the producer is a firm 
covered in this review or a prior segment of the 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. There are no changes to the rates 
applicable to any other companies under this antidumping duty order.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 
19 CFR 351.305(a)(3). 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: July 25, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

APPENDIX

List of Comments in the Issues and Decision Memorandum
Comment 1: Bona Fides of Toscelik's U.S. Sale
[FR Doc. E6-12372 Filed 7-31-06; 8:45 am]
BILLING CODE 3510-DS-S