[Federal Register Volume 73, Number 71 (Friday, April 11, 2008)]
[Notices]
[Pages 19814-19816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7833]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-489-815


Notice of Final Determination of Sales at Less Than Fair Value: 
Light-Walled Rectangular Pipe and Tube from Turkey

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

EFFECTIVE DATE: April 11, 2008.
SUMMARY: The Department of Commerce (the Department) determines that 
imports of light-walled rectangular pipe and tube from Turkey are 
being, or are likely to be, sold in the United States at less than fair 
value, as provided in section 735 of the Tariff Act of 1930, as amended 
(the Act). The final dumping margins are listed below in the section 
entitled ``Final Determination of Investigation.''

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, Fred Baker, or Robert 
James, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-1121, (202) 482-2924, or 
(202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 30, 2008, the Department published the preliminary 
determination of sales at less than fair value (LTFV) in the 
antidumping investigation of light-walled rectangular pipe and tube 
from Turkey. See Notice of Preliminary Determination of Sales at Less 
Than Fair Value: Light-Walled Rectangular Pipe and Tube from Turkey, 73 
FR 5508 (January 30, 2008) (Preliminary Determination). We invited 
parties to comment on the Preliminary Determination. On March 10, 2008, 
we received a letter from Goktas Tube, a producer/exporter of light-
walled rectangular pipe and tube from Turkey. We did not receive any 
case or rebuttal briefs from any other interested parties.

Period of Investigation

    The period of investigation is April 1, 2006, through March 31, 
2007.

Scope of Investigation

    The merchandise subject to this investigation is certain welded 
carbon quality light-walled steel pipe and tube, of rectangular 
(including square) cross section, having a wall thickness of less than 
4 mm.
    The term carbon-quality steel includes both carbon steel and alloy 
steel which contains
    only small amounts of alloying elements. Specifically, the term 
carbon-quality includes products in which none of the elements listed 
below exceeds the quantity by weight respectively indicated: 1.80 
percent of manganese, or 2.25 percent of silicon, or 1.00 percent of 
copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 
0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of 
nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or 
0.10 percent of niobium, or 0.15 percent vanadium, or 0.15 percent of 
zirconium. The description of carbon-quality is intended to identify 
carbon-quality products within the scope. The welded carbon-quality 
rectangular pipe and tube subject to this investigation is currently 
classified under the Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 7306.61.50.00 and 7306.61.70.60. While HTSUS 
subheadings are provided for convenience and Customs purposes, our

[[Page 19815]]

written description of the scope of this investigation is dispositive.

Adverse Facts Available

    For the final determination, we continue to find that by failing to 
respond to our July 31, 2007, abbreviated quantity and value 
questionnaire, and by failing to respond, or by failing to respond in a 
timely manner to our follow up letter dated August 16, 2007, Anadolu 
Boru, Ayata Metal Industy, Kalibre Boru Sanayi ve Ticaret A.S., Kerim 
Celik Mamulleri Imalat ve Ticaret\1\, Ozgur Boru, Ozmak Makina ve 
Elektrik Sanayi, Seamless Steel Tube and Pipe Co. (Celbor), Umran Steel 
Pipe Inc., and Yusan Industries, Ltd., producers and/or exporter of 
light-walled rectangular pipe and tube from Turkey, did not cooperate 
to the best of their ability in this investigation. See Preliminary 
Determination, at 5509-5513. Thus, the Department continues to find the 
use of adverse facts available is warranted for these companies in 
accordance with sections 776 (a)(2) and (b) of the Act.
    Also, we continue to find that, by failing to provide information 
we requested, mandatory respondents MMZ Onur Boru Profil Uretim San. Ve 
Tic. A.S. (MMZ) and Guven Boru Profil Sanayii ve Ticaret Limited 
Sirketi (Guven Boru), did not act to the best of their ability in 
responding to our questionnaires. Thus, the Department continues to 
find the use of adverse facts available is warranted for these 
companies under sections 776 (a)(2) and (b) of the Act. See id.
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    \1\ Kerim Celik Mamulleri Imalat ve Ticaret responded to our 
follow up letter, but its response was untimely,
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    Because Goktas Tube did not respond to our abbreviated quantity and 
value questionnaire or to our follow up letter, we applied adverse 
facts available to the company in the Preliminary Determination. See 
id. On March 10, 2008, we received a letter from Goktas Tube claiming 
that it did not receive our quantity and value questionnaire until 
January 28, 2008, because it had changed locations and the 
questionnaire and other correspondence was sent to its old address. The 
company explained that it had been sending an employee to the old 
location on a weekly basis to collect mail that had been sent to that 
facility. In its letter, the company insisted that despite this, it 
only received our quantity and value questionnaire on January 28, 2008. 
The company also explained that it received a copy of the Preliminary 
Determination on January 30, 2008.
    The Department's records in this case indicate that Goktas Tube 
received a copy of our abbreviated quantity and value questionnaire at 
its original location on August 2, 2008. Also, in addition to our 
abbreviated quantity and value questionnaire and a copy of the 
Preliminary Determination, Goktas Tube received a copy of our follow up 
letter, a copy of our August 17, 2007 letter to all interested parties 
(the proposed model match letter), a copy of the September 7, 2007, 
Memorandum to Stephen Claeys from Fred Baker (the respondent selection 
memorandum), and our September 7, 2007, letter to all interested 
parties (the public service list letter)\2\ at its previous location. 
Our records indicate that our follow up letter, the proposed model 
match letter, the respondent selection memorandum, and the public 
service list letter were received at Goktas Tube's original location on 
August, 20, 2007, August 20, 2007, September, 10, 2007, and September, 
10, 2007, respectively. See Memorandum to the File, dated March, 28, 
2008. Goktas Tube made no mention of any of these other documents in 
its March 10, 2008, letter.
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    \2\ See Memorandum to the File, dated August 17, 2007.
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    Despite Goktas Tube's claim that it did not receive our quantity 
and value questionnaire until January 28, 2008, we note that, according 
to its own account, the company did have a copy of our quantity and 
value questionnaire in its possession for six weeks before it notified 
the Department of the situation. Further, the company gave no 
explanation for this delay in its March 10, 2008, letter. On this 
basis, we conclude that Goktas Tube had the opportunity to contact the 
Department immediately when it realized the situation, but failed to do 
so. Therefore, we continue to conclude that Goktas Tube has failed to 
cooperate to the best of its ability, and accordingly, that the use of 
adverse facts available is warranted for Goktas Tube under sections 776 
(a)(2) and (b) of the Act.
    As we explained in the Preliminary Determination, the rate of 41.07 
percent we selected as the adverse facts-available rate is the highest 
margin alleged in the petition. As discussed in the Preliminary 
Determination, we corroborated the adverse facts-available rate 
pursuant to section 776(c) of the Act.

All-Others Rate

    As explained in the Preliminary Determination, we continue to 
assign as the all-others rate a simple average of the rates in the 
petition, that is, 27.04 percent. See Preliminary Determination, at 
5513 and 5514.

Final Determination of Investigation

    We determine that the following weighted-average dumping margins 
exist for the period April 1, 2006, through March 31, 2007:

------------------------------------------------------------------------
                                                            Margin
         Weighted-Average Producer/Exporter              (Percentage)
------------------------------------------------------------------------
Guven Boru Profil Sanayii ve Ticaret Limited Sirketi               41.71
MMZ Onur Boru Profil Uretim San. ve Tic. A.S........               41.71
Anadolu Boru........................................               41.71
Ayata Metal Industry................................               41.71
Goktas Tube/Goktas Metal............................               41.71
Kalibre Boru Sanayi ve Ticaret A.S..................               41.71
Kerim Celik Mamulleri Imalat ve Ticaret.............               41.71
Ozgur Boru..........................................               41.71
Ozmak Makina ve Elektrik Sanayi.....................               41.71
Seamless Steel Tube and Pipe Co. (Celbor)...........               41.71
Umran Steel Pipe Inc................................               41.71
  Yusan Industries, Ltd.............................               41.71
Borusan Mannesmann Boru.............................               27.04
Erbosan Erciyas Boru Sanayii ve Ticaret A.S.........               27.04
Noksel Steel Pipe Co................................               27.04
Ozborsan Boru San. ve Tic. A.S......................               27.04
Ozdemir Boru Sanayi ve Ticaret Ltd. Sti.............               27.04
Toscelik Profil ve Sac End. A.S.....................               27.04
Yucel Boru ve Profil Endustrisi A.S.................               27.04
All Others..........................................               27.04
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act and 19 CFR 
351.211(b)(1), we will instruct U.S. Customs and Border Protection 
(CBP) to continue to suspend liquidation of all entries of subject 
merchandise from Turkey entered, or withdrawn from warehouse, for 
consumption on or after January 30, 2008, the date of the publication 
of the Preliminary Determination. We will instruct CBP to require a 
cash deposit or the posting of a bond equal to the weighted-average 
margin, as indicated in the chart above, as follows: (1) the rate for 
the mandatory respondents will be the rate we have determined in this 
final determination; (2) if the exporter is not a firm identified in 
this investigation but the producer is, the rate will be the rate 
established for the producer of the subject merchandise; (3)

[[Page 19816]]

the rate for all other producers or exporters will be 27.04 percent. 
These suspension-of-liquidation instructions will remain in effect 
until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our final determination. As our 
final determination is affirmative, and in accordance with section 
735(b)(2) of the Act, the ITC will determine, within 45 days, whether 
the domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise. If the 
ITC determines that material injury or threat of material injury does 
not exist, the proceeding will be terminated and all securities posted 
will be refunded or canceled. If the ITC determines that such injury 
does exist, the Department will issue an antidumping duty order 
directing CBP to assess antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding APO

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    This determination is issued and published pursuant to sections 
735(d) and 777(i)(1) of the Act.

    Dated: April 7, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-7833 Filed 4-10-08; 8:45 am]
BILLING CODE 3510-DS-S