[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Notices]
[Pages 76939-76941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31678]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]


Certain Welded Carbon Steel Pipe and Tube From Turkey: Notice of 
Final Results of Antidumping Duty Administrative Review

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

SUMMARY: On June 8, 2011, the Department of Commerce (``the 
Department'') published the preliminary results of the antidumping duty 
administrative review of certain welded carbon steel pipe and tube from 
Turkey. The administrative review covers the Borusan Group \1\ and 
Toscelik,\2\ producers and exporters of the subject merchandise. The 
period of review (``POR'') is May 1, 2009, through April 30, 2010.
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    \1\ The Borusan Group includes Borusan Mannesmann Boru Sanayi ve 
Ticaret A.S., Borusan Birlesik Boru Fabrikalari San ve Tic., Borusan 
Istikbal Ticaret T.A.S., Boruson Holding A.S., Boruson Gemlik Boru 
Tesisleri A.S., Borusan Ihracat Ithalat ve Dagitim A.S., and Borusan 
Ithicat ve Dagitim A.S. (collectively, ``Borusan'').
    \2\ Toscelik Profil ve Sac Endustrisi A.S., Toscelik Metal 
Ticaret A.S., and Tosyali Dis Ticaret A.S. (collectively, 
``Toscelik'').
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    Based on our analysis of the comments received, we have made 
certain changes in the margin calculations. The final results, 
consequently, differ from the preliminary results. The final weighted-
average dumping margins for the reviewed firms are listed below in the 
section entitled ``Final Results of Review.''

DATES: Effective Date: December 9, 2011.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Victoria Cho, at 
(202) 482-5973 or (202) 482-5075, respectively; AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On June 8, 2011, the Department published in the Federal Register 
the preliminary results of the antidumping duty administrative view of 
certain welded carbon steel pipe and tube from Turkey. See Certain 
Welded Carbon Steel Pipe and Tube from Turkey; Notice of Preliminary 
Results of Antidumping Duty Administrative Review, 76 FR 33204 (June 8, 
2011) (``Preliminary Results'').
    We invited interested parties to comment on our preliminary 
results. We received case briefs from Toscelik, Borusan, and U.S. Steel 
Corporation (``U.S. Steel''), on July 7, 2011, July 22, 2011, and July 
22, 2011, respectively. On August 2, 2011, we received rebuttal briefs 
from Borusan, U.S. Steel, and Allied Tube and Conduit Corporation and 
TMK IPSCO (collectively, ``Allied Tube and TMK'').\3\ The Department 
has conducted this administrative review in accordance with section 751 
of the Tariff Act of 1930, as amended (``the Act'').
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    \3\ U.S. Steel and Allied Tube and TMK are petitioners in this 
administrative review.
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Period of Review

    The POR covered by this review is May 1, 2009, through April 30, 
2010.

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, galvanized, or 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

[[Page 76940]]

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 proceeding and to which we have responded are listed in Appendix 1 
to this notice and addressed in the Memorandum To: Ronald K. Lorentzen, 
Acting Assistant Secretary for Import Administration, From: Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, Subject: Issues and Decision Memorandum for the Final 
Results of the Antidumping Duty Administrative Review: Certain Welded 
Carbon Steel Pipe and Tube from Turkey for the period of review May 1, 
2009, through April 30, 2010, dated December 2, 2011 (``Issues and 
Decision Memorandum''), which is hereby adopted by this notice. Parties 
can find a complete discussion of all issues raised in this review and 
the corresponding recommendation in this public memorandum which is on 
file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). Access to IA ACCESS is available in the Central Records 
Unit, room 7046, of the main Commerce building. In addition, a complete 
version of the Decision Memorandum can be accessed directly on the Web 
at http://ia.ita.doc.gov/frn. The electronic versions of the Decision 
Memorandum in IA ACCESS and on the Web are identical in content.

Changes From the Preliminary Results

    Based on our analysis of the comments received from interested 
parties, we have made the following changes in calculating Borusan's 
and Toscelik's dumping margins for the final results: (1) We corrected 
the margin program for a clerical error with respect to Borusan's 
quarterly costs; (2) we revised Borusan's quarterly costs for exempted 
duty; (3) we reclassified certain of Borusan's home market advertising 
expenses as indirect expenses; (4) we adjusted Toscelik's reported 
quarterly costs for new mill depreciation; (5) we adjusted Toscelik's 
financial expense ratio denominator to exclude the effect of the 
inventory impairment reversal; and (6) we applied the alternative 
quarterly cost calculation methodology for Toscelik for the final 
results. See Issues and Decision Memorandum at Comments 1 through 7 for 
Borusan and Comments 8 through 11 for Toscelik. For further details on 
how the changes were applied in the margin calculation, see Memorandum 
to the File, from Victoria Cho and Dennis McClure, International Trade 
Analysts, through James Terpstra, Program Manager, entitled ``Final 
Results in the 2009/2010 Administrative Review on Welded Pipe and Tube 
from Turkey,'' dated December 5, 2011; see also Memorandum to Neal M. 
Halper from Laurens Van Houten, ``Regarding the Antidumping Duty 
Administrative Review of Certain Welded Carbon Steel Standard Pipe and 
Tube from Turkey (``Pipe and Tube''), Cost of Production and 
Constructed Value Calculation Adjustments for the Final Results--
Borusan Mannesmann Boru Sanayi ve Ticaret, A.S. and Toscelik Profil ve 
Sac Endustrisi A.S. and its affiliated exporter Tosyali Dis Ticaret, 
A.S.,'' dated December 5, 2011.

Final Results of Review

    As a result of this review, we determine that the following margins 
exist for the period May 1, 2009, through April 30, 2010:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
------------------------------------------------------------------------
Borusan....................................................         4.46
Toscelik...................................................         0.95
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Disclosure

    We will disclose calculation memorandums used in our analysis to 
parties to these proceedings within five days of the date of 
publication of this notice.\4\
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    \4\ See 19 CFR 351.224(b).
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Assessment

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries.
    Pursuant to 19 CFR 351.212(b)(1), because Borusan and Toscelik 
reported the entered value for all of its U.S. sales, we have 
calculated importer-specific ad valorem duty assessment rates based on 
the ratio of the total amount of antidumping duties calculated for the 
examined sales to the total entered value of the sales for which 
entered value was reported. To determine whether the duty assessment 
rates are de minimis, in accordance with the requirement set forth in 
19 CFR 351.106(c)(2), we have calculated importer-specific ad valorem 
ratios based on the entered value.
    Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate 
without regard to antidumping duties any entries for which the 
assessment rate is de minimis (i.e., less than 0.50 percent). The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\5\ This clarification will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which the reviewed companies did not know 
their merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
country-specific all-others rate established in the less-than-fair-
value (``LTFV'') investigation if there is no rate for the intermediate 
company(ies) involved in the transaction.
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    \5\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following antidumping duty deposit rates will be effective upon 
publication of this notice of final results of the administrative 
review for all shipments of welded pipe and tube from Turkey entered, 
or withdrawn from warehouse, for consumption on or after the date of 
the publication of these final results, as provided by section 
751(a)(1) of the Act: (1) For the companies subject to this review, the 
cash deposit rate will be the rates listed above; (2) for previously 
reviewed or investigated companies not listed above, the cash

[[Page 76941]]

deposit rate will continue to be the company-specific rate published 
for the most recent final results in which that manufacturer or 
exporter participated; (3) if the exporter is not a firm covered in 
this review, a prior review, or the original LTFV investigation, but 
the manufacturer is, the cash deposit rate will be the rate established 
for the most recent final results for the manufacturer of the 
merchandise; and, (4) if neither the exporter nor the manufacturer is a 
firm covered in this or any previous review conducted by the 
Department, the cash deposit rate will be 14.74 percent, the all-others 
rate established in the LTFV investigation.\6\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \6\ See Antidumping Duty Order; Welded Carbon Steel Standard 
Pipe and Tube Products From Turkey, 51 FR 17784 (May 15, 1986).
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or 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/or countervailing 
duties occurred and the subsequent increase in antidumping duties by 
the amount of antidumping and/or countervailing duties reimbursed.

Notification to Interested Parties

    This notice serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
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.
    We are issuing and publishing these results of review in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 2, 2011.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I--Issues in Decision Memorandum

Borusan

Comment 1: Whether To Use Quarterly Cost for Borusan
Comment 2: The Cost Recovery Test
Comment 3: Duty Exemption Calculation
Comment 4: Inadvertent Assignment of Surrogate Costs
Comment 5: The Department's Treatment of Borusan's Reported ``N'' in 
Its VATH Field
Comment 6: Borusan's Home Market Adverting Expenses
Comment 7: Zeroing of Dumping Margins in Administrative Reviews

Toscelik

Comment 8: Application of Quarterly Costs
Comment 9: Financial Expense Ratio Calculation
Comment 10: Short-term Borrowing Rate Used To Calculate Imputed 
Credit Expense
Comment 11: Treatment of Warranty and Bank Charges in the Program

[FR Doc. 2011-31678 Filed 12-8-11; 8:45 am]
BILLING CODE 3510-DS-P