[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Notices]
[Pages 6542-6543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2919]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-502]


Certain Welded Carbon Steel Standard Pipe and Tube From Turkey: 
Notice of Final Rescission of Countervailing Duty Administrative 
Review, In Part

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

DATES: Effective Date: February 8, 2012.

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

[[Page 6543]]

notice of opportunity to request an administrative review of the 
countervailing duty (CVD) order on certain welded carbon steel pipe and 
tube from Turkey for the period of review (POR) of January 1, 2010, 
through December 31, 2010. 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 POR 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 POR, which included ERBOSAN.\1\ See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 76 FR 23545 (April 27, 
2011).
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    \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.
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    On October 27, 2011, the Department requested U.S. Customs and 
Border Protection (CBP) data on Type 3 entries \2\ of subject 
merchandise to the United States produced by ERBOSAN 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). We reviewed the 
customs data provided by CBP and found there were no suspended entries 
of subject merchandise produced by ERBOSAN during the POR.
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    \2\ 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.
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    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.\3\ As such, we requested that ERBOSAN submit 
evidence demonstrating that the company had a Type 3 entry of subject 
merchandise to the United States during the CVD POR. We explained that 
if ERBOSAN was unable to provide such documentation, the Department 
will find that there are no suspended entries of subject merchandise 
produced by ERBOSAN 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 it did 
not have entry documentation because the exports of subject merchandise 
to the United States during the POR were to an unrelated importer. See 
ERBOSAN's ``Response to Entry Documentation Request,'' (November 17, 
2011) at 2.
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    \3\ 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).
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    On December 20, 2011, we published the notice of preliminary 
rescission of this CVD duty administrative review with respect to 
ERBOSAN, and invited interested parties to comment on the preliminary 
decision. See Certain Welded Carbon Steel Standard Pipe and Tube from 
Turkey: Intent to Rescind Countervailing Duty Administrative Review, In 
Part, 76 FR 78886 (December 20, 2011) (Preliminary Rescission). We 
received comments from Wheatland Tube Company (the petitioner) and 
ERBOSAN on January 9, 2012. All comments raised by the parties are 
addressed in the Issues and Decision Memorandum, which is hereby 
adopted by this notice. The Issues and Decision Memorandum is a public 
document and is on file electronically via IA ACCESS, which is 
available to the public in the Department's Central Record Unit. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the internet at http://www.trade.gov/ia/. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum are identical in content.

Partial Rescission of Review

    Because there are no suspended entries of subject merchandise 
produced by ERBOSAN for the CVD POR, we determine to rescind the review 
for ERBOSAN. 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, which is identical to 
this current administrative review.
    This administrative review will remain in effect for all other 
companies for which the review was initiated, namely 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.
    We are issuing and publishing this decision and 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).

    Dated: February 2, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-2919 Filed 2-7-12; 8:45 am]
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