[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Notices]
[Pages 78886-78887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32545]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-502]


Certain 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.

DATES: Effective Date: December 20, 2011.

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 
Avenue NW, Washington, DC 20230, telephone: (202) 482-4793

SUPPLEMENTARY INFORMATION: 

Background

    On March 1, 2011, the Department of Commerce (the Department) 
published a notice of opportunity to request an administrative review 
of the countervailing duty (CVD) order on certain welded carbon steel 
pipe and tube from Turkey. See Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 76 FR 11197 (March 1, 2011). On March 30, 2011, 
we received a letter from Erbosan Erciyas Boru Sanayi ve Ticaret A.S. 
(ERBOSAN) requesting that the company's entries for the period of 
review be reviewed by the Department. On April 27, 2011, the Department 
published the notice of initiation of the administrative review of this 
CVD order for the period of review (POR) of January 1, 2010, through 
December 31, 2010, which included ERBOSAN.\1\ See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews, 76 FR 23545 
(April 27, 2011).
---------------------------------------------------------------------------

    \1\ A review of the following companies was also initiated: 
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.
---------------------------------------------------------------------------

    On October 27, 2011, the Department requested U.S. Customs and 
Border Protection (CBP) data on Type 3 entries of subject merchandise 
to the United States produced by EROBSAN during the POR. See Memorandum 
to the File from Kristen Johnson, Trade Analyst, AD/CVD Operations, 
Office 3, regarding ``Request for Customs Data in the Countervailing 
Duty Administrative Review of Certain Welded Carbon Steel Standard Pipe 
from Turkey,'' (October 27, 2011). A Type 3 entry is an entry of 
merchandise imported into the United States which is subject to 
antidumping or countervailing duties, as the case may be, and for which 
liquidation is suspended until after the completion of an 
administrative review in which the assessment rate is calculated. We 
reviewed the customs data provided by CBP and found that there were no 
suspended entries of subject merchandise produced by ERBOSAN for the 
POR.
    On November 3, 2011, we issued a letter to ERBOSAN explaining that 
the Department's practice requires there to be a suspended entry during 
the POR upon which to assess duties in order to conduct an 
administrative review.\2\ As

[[Page 78887]]

such, we requested that EROBSAN submit evidence demonstrating that the 
company had a Type 3 entry of subject merchandise to the United States 
during the CVD POR. We also explained that if ERBOSAN is unable to 
provide such documentation, the Department will find that there are no 
suspended entries of subject merchandise produced by EROBSAN against 
which to assess duties and will rescind the 2010 CVD administrative 
review with respect to the company. See Letter from the Department to 
ERBOSAN regarding ``Entry Documentation,'' (November 3, 2011). On 
November 17, 2011, ERBOSAN reported that because the exports of subject 
merchandise to the United States during the POR were to an unrelated 
importer, the company does not have any entry documentation. See 
ERBOSAN's ``Response to Entry Documentation Request,'' (November 17, 
2011) at 2.
---------------------------------------------------------------------------

    \2\ See, e.g., Certain Hot-Rolled Carbon Steel Flat Products 
from India: Final Results of Antidumping Duty Administrative Review, 
76 FR 42679 (July 19, 2011), and accompanying Issues and Decision 
Memorandum at Comment 1; see also Certain Cut-to-Length Carbon-
Quality Steel Plate Products from Italy: Final Results and Partial 
Rescission of Antidumping Duty Administrative Review, 71 FR 39299, 
39302 (July 12, 2006), and Portable Electric Typewriters from Japan; 
Final Results of Antidumping Duty Administrative Review, 56 FR 
14072, 14073 (April 5, 1991).
---------------------------------------------------------------------------

    On December 2, 2011, officials of Import Administration met with 
ERBOSAN's counsel to discuss the company's entries of subject 
merchandise during the POR. See Memorandum to the File from Kristen 
Johnson, Trade Analyst, AD/CVD Operations, Office 3, regarding 
``Meeting with Counsel for ERBOSAN,'' (December 5, 2011).

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 2010 Administrative Review, in Part

    Because ERBOSAN is unable to provide evidence that the company had 
a Type 3 entry of subject merchandise to the United States during the 
POR, we preliminarily determine that we will rescind the review for 
ERBOSAN.\3\ In Allegheny Ludlum Corp. v. United States, 346 F.3d 1368 
(Fed. Cir. 2003), the Court of Appeals for the Federal Circuit upheld 
the Department's practice of rescinding annual reviews when there are 
no entries of subject merchandise during the POR. Accordingly, 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.
---------------------------------------------------------------------------

    \3\ We also intend to notify CBP about the status of entries of 
subject merchandise produced/exported by ERBOSAN.
---------------------------------------------------------------------------

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 ERBOSAN. Interested parties may submit such 
comments within 20 calendar days of the publication of this notice. 
Comments must be filed electronically using Import Administration's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (IA ACCESS).
    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: December 13, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-32545 Filed 12-19-11; 8:45 am]
BILLING CODE 3510-DS-P