[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Notices]
[Pages 39062-39063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18598]


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DEPARTMENT OF COMMERCE

International Trade Administration

C-489-502


Welded Carbon Steel Standard Pipe and Tube from Turkey: Intent to 
Rescind Countervailing Duty Administrative Review, in Part

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

EFFECTIVE DATE: August 5, 2009.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, Room 4014, 14th Street and Constitution 
Ave., NW, Washington, DC 20230, telephone: (202) 482-4793

SUPPLEMENTARY INFORMATION:

Background

    On March 2, 2009, the Department of Commerce (the Department) 
published a notice of opportunity to request an administrative review 
of the countervailing duty (CVD) order on welded carbon steel pipe and 
tube from Turkey. See Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation; Opportunity To Request 
Administrative Review, 74 FR 9077 (March 2, 2009). On March 31, 2009, 
we received from Wheatland Tube Company, a domestic producer of subject 
merchandise, a request that the Department conduct an administrative 
review of the Yucel Boru Group, Cayirova Boru Sanayi ve Ticaret A.S., 
Yucelboru Ihracat Ithalat ve Pazarlama A.S., and Yucel Boru ve Profil 
Endustrisi A.S. (collectively, Yucel).\1\
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    \1\ Wheatland Tube Company also requested a review of the 
Borusan Group, Borusan Mannesmann Boru Sanayi ve Ticaret A.S., 
Borusan Istikbal Ticaret T.A.S., Tosyali dis Ticaret A.S., and 
Toscelik Profil ve Sac Endustrisi A.S. See Letter from King & 
Spalding on behalf of Wheatland Tube Company to the Department 
regarding ``Request for Administrative Review,'' dated March 31, 
2009. A copy of this public document is available on the public 
record in the Department's Central Records Unit (CRU), room 1117 of 
the main Commerce building.
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    On April 27, 2009, the Department published the notice of 
initiation of the administrative review of the CVD order for the period 
January 1, 2008, through December 31, 2008, which covered Yucel. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 74 FR 19042, 19044 (April 
27, 2009).
    On June 15, 2009, Yucel notified the Department that it had no 
sales, shipments, or entries, directly or indirectly, of subject 
merchandise to the United States during the period of review (POR).\2\
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    \2\ This document is available on the public record in the CRU.
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Scope of the Order

    The products covered by this order are certain welded carbon steel 
pipe and tube with an outside diameter of 0.375 inch or more, but not 
over 16 inches, of any wall thickness (pipe and tube) from Turkey. 
These products are currently provided for under the Harmonized Tariff 
Schedule of the United States (HTSUS) as item numbers 7306.30.10, 
7306.30.50, and 7306.90.10. Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
merchandise is dispositive.

Intent to Rescind the 2008 Administrative Review, in Part

    Yucel submitted a letter to the Department on June 15, 2009, 
certifying that it had no sales, shipments, or entries, directly or 
indirectly, of subject merchandise to the United States during the POR. 
The petitioner did not comment on Yucel's claim of no sales, shipments, 
or entries.
    On June 16, 2009, we conducted an internal customs data query. We 
also issued a ``no shipments inquiry'' message to U.S. Customs and 
Border Protection (CBP), which posted the message on June 19, 2009.\3\ 
The customs data query indicated that Yucel had no sales, shipments, or 
entries of subject merchandise to the United States during the POR. We 
did not receive any information from CBP contrary to Yucel's claim of 
no sales, shipments, or entries of subject merchandise to the United 
States during the POR. See Memorandum to the File through Melissa 
Skinner, Director, AD/CVD Operations, Office 3, titled ``Customs Data 
Query,'' (July 7, 2009).
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    \3 \ See Message number 9170203, available at http://addcvd.cbp.gov.
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    Based on our analysis of the shipment data, we preliminarily 
determine that Yucel did not ship subject merchandise to the United 
States during the POR. Therefore, in accordance with 19 CFR 
351.213(d)(3), and consistent with our practice,\4\ we preliminarily 
determine to rescind the review for Yucel. We will continue this 
administrative review with respect to the Borusan Group, Borusan 
Mannesmann Boru Sanayi ve Ticaret A.S., Borusan Istikbal Ticaret 
T.A.S., Tosyali dis Ticaret A.S., and Toscelik Profil ve Sac Endustrisi 
A.S.
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    \4\ See, e.g., Certain Welded Carbon Steel Pipe and Tube from 
Turkey: Notice of Rescission, in Part, of Antidumping Duty 
Administrative Review, 74 FR 7394 (February 17, 2009).
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Public Comment

    The Department is setting aside a period for interested parties to 
raise issues regarding the preliminary determination to rescind the 
administrative review for Yucel. The Department encourages all 
interested parties to submit such comments within 20 calendar days of 
the publication of this notice. Comments should be addressed to Import 
Administration's APO/Dockets Unit, Room 1870, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230. The period for public comment is intended to provide the 
Department with ample opportunity to consider all issues prior to the

[[Page 39063]]

issuance of the notice to rescind the administrative review in part.
    We are issuing this notice in accordance with sections 751(a)(1) 
and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4) of the Department's regulations.

    Dated: July 28, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-18598 Filed 8-4-04; 8:45 am]
BILLING CODE 3510-DS-S