[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Notices]
[Pages 72818-72820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29529]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]


Circular Welded Carbon Steel Pipes and Tubes From Turkey; Final 
Results of Antidumping Duty Administrative Review; 2010 to 2011

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

SUMMARY: On June 1, 2012, the Department of Commerce (``the 
Department'') published the preliminary results of the administrative 
review of the antidumping duty order on circular welded carbon steel 
pipes and tubes from Turkey.\1\ This review covers four producers and 
exporters of subject merchandise: Borusan, Erbosan, Toscelik, and 
Yucel.\2\ The period of review (``POR'') is May 1, 2010, through April 
30, 2011. 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.''
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    \1\ See Circular Welded Carbon Steel Pipes and Tubes From 
Turkey: Notice of Preliminary Results of Antidumping Duty 
Administrative Review, 77 FR 32508 (June 1, 2012) (``Preliminary 
Results'').
    \2\ The Department initiated a review on the Borusan Group, 
which includes Borusan Mannesmann Boru Sanayi ve Ticaret A.S., 
Borusan Birlesik Boru Fabrikalari San ve Tic., Borusan Istikbal 
Ticaret T.A.S., Boruson Gemlik Boru Tesisleri A.S., Borusan Ihracat 
Ithalat ve Dagitim A.S., Borusan Ithicat ve Dagitim A.S., and Tubeco 
Pipe and Steel Corporation (collectively, ``Borusan''); ERBOSAN 
Erciyas Boru Sanayi ve Ticaret A.S. (``Erbosan''); Toscelik Profil 
ve Sac Endustrisi A.S., Toscelik Metal Ticaret A.S., Tosyali Dis 
Ticaret A.S. (collectively, ``Toscelik''); the Yucel Group and all 
affiliates, Yucel Boru ve Profil Endustrisi A.S., Yucelboru Ihracat 
Ithalat ve Pazarlama A.S., and Cayirova Boru Sanayi ve Ticaret A.S. 
(collectively, ``Yucel.'').

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DATES: Effective Date: December 6, 2012.

FOR FURTHER INFORMATION CONTACT: Victoria Cho or Christopher Hargett, 
at (202) 482-5075 or (202) 482-4161, respectively; AD/CVD Operations, 
Office 8, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2012, the Department published the Preliminary Results. 
In the Preliminary Results, the Department did not address the targeted 
dumping allegation submitted by the petitioner on May 9, 2012 and May 
14, 2012.\3\ We invited interested parties to comment on the 
Preliminary Results.\4\
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    \3\ See id., 77 FR at 32510.
    \4\ See id., 77 FR at 32512.
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    On October 23, 2012, the Department issued a post-preliminary 
analysis.\5\ At that time, we invited parties to comment on the 
Department's analysis in addressing the petitioners' targeted dumping 
allegation in this review.\6\
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    \5\ See the Department's ``Circular Welded Carbon Steel Pipes 
and Tubes from Turkey 2010-2011 Administrative Review: Post-
Preliminary Analysis and Calculation Memorandum,'' dated October 23, 
2012 (``Post-Preliminary Analysis'').
    \6\ See Post-Preliminary Analysis at 5; see also the 
Department's October 31, 2012, memorandum to the File setting the 
case and rebuttal brief due dates.
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    On October 27, 2012, we invited Borusan to submit certain cost 
data.\7\ Borusan submitted that data on October 29, 2012.\8\
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    \7\ See the Department's October 27, 2012, section D 
supplemental questionnaire to Borusan.
    \8\ See Letter from Borusan to the Department, dated October 28, 
2012, entitled ``Response of Borusan Mannesmann Boru Sanayi ve 
Ticaret A.S. to the Supplemental Questionnaire Regarding Targeted 
Dumping in the 2010-2011 Antidumping Administrative Review Involving 
Certain Welded Carbon Steel Standard Pipe from Turkey.''

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[[Page 72819]]

    On November 5, 2012, U.S. Steel and Borusan submitted comments on 
the Department's analysis of the petitioners' targeted dumping 
allegation in the Post-Preliminary Analysis.\9\ On November 8, 2012, 
U.S. Steel and Toscelik submitted rebuttal comments to the Department's 
Post-Preliminary Analysis.\10\
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    \9\ See U.S. Steel's November 5, 2012, comments to the 
Department's Post-Preliminary Analysis; Borusan's November 5, 2012, 
comments to the Department's Post-Preliminary Analysis.
    \10\ See Toscelik's November 8, 2012, rebuttal comments to the 
Department's Post-Preliminary Analysis; U.S. Steel November 8, 2012, 
rebuttal comments to the Department's Post-Preliminary Analysis.
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Period of Review

    The POR covered by this review is May 1, 2010, through April 30, 
2011.

Scope of the Order

    The products covered by the 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. 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.\11\
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    \11\ For the complete scope of this review, see Certain Welded 
Carbon Steel Pipe and Tube From Turkey: Notice of Final Results of 
Antidumping Duty Administrative Review, 76 FR 76939 (December 9, 
2011).
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Determination of No Reviewable Entries

    On September 30, 2011, the Department determined that Erbosan had 
no reviewable entries during the POR.\12\ On October 17, 2011, the 
Department determined that Yucel had no entries subject to review 
during the POR.\13\ As a result, in the Preliminary Results, the 
Department preliminarily determined that Erbosan and Yucel had no 
reviewable entries during the POR.\14\ No interested party has since 
submitted additional record evidence or commented on this issue. 
Therefore, based on the record evidence, we continue to find that these 
respondents had no reviewable entries during the POR.
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    \12\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Import 
Administration, entitled ``Welded Carbon Steel Pipe and Tube from 
Turkey (Period of Review: May 1, 2010, through April 30, 2011): 
Whether Entries Are Reviewable for ERBOSAN Erciyas Boru Sanayi ve 
Ticaret A.S.,'' dated September 30, 2011.
    \13\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Import 
Administration, entitled ``Welded Carbon Steel Pipe and Tube from 
Turkey (Period of Review: May 1,2010, through April 30, 2011): 
Whether the Yucel Group's Entry Is Properly Classified and Subject 
to Review,'' dated October 17, 2011.
    \14\ See Preliminary Results, 77 FR at 32509.
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    Moreover, consistent with our practice, we intend to issue 
liquidation instructions to U.S. Customs and Border Protection 
(``CBP'') concerning entries for Erbosan and Yucel following the final 
results of the review.\15\ We will instruct CBP to liquidate any 
existing unliquidated entries of merchandise produced and/or exported 
by Erbosan and Yucel at the all-others rate.\16\
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    \15\ See Stainless Steel Butt-Weld Pipe Fittings From Italy: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary No Shipment Determination, 76 FR 79651, 79651-52 
(December 22, 2011), unchanged in Stainless Steel Butt-Weld Pipe 
Fittings From Italy: Final Results of Antidumping Duty 
Administrative Review and Final No Shipment Determination, 77 FR 
24459, 24460 (April 24, 2012); see also Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
    \16\ See, e.g., Magnesium Metal From the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922 (May 13, 2010), unchanged in Magnesium Metal From the Russian 
Federation: Final Results of Antidumping Duty Administrative Review, 
75 FR 56989 (September 17, 2010).
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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 I 
to this notice and addressed in the Issues and Decision Memorandum, 
dated concurrently with, and hereby adopted by, this notice.\17\ The 
Issues and Decision Memorandum is a public document and is on file in 
the Central Records Unit (``CRU''), Room 7046 of the main Department of 
Commerce Building, as well as electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``IA ACCESS''). IA ACCESS is available to 
registered users at http://iaacess.trade.gov and is available to all 
parties in the CRU. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and Decision 
Memorandum are identical in content.
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    \17\ See Issues and Decision Memorandum from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for 
Import Administration, entitled ``Final Results of the Antidumping 
Duty Administrative Review: Circular Welded Carbon Steel Pipes and 
Tubes from Turkey--May 1, 2010, through April 30, 2011,'' dated 
concurrently with this notice.
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Changes From the Preliminary Results and Post-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 have 
corrected the home market window period to account for all of Borusan's 
POR sales; (2) we are not including Borusan's revenue from the sale of 
land and profit from the previous year and, instead, will exclude such 
revenue from the calculation of the general and administrative 
(``G&A'') expense ratio; (3) we are including unpaid exempted import 
duties in the calculation of Borusan's cost of production; and (4) we 
re-calculated Toscelik's U.S. credit expense by using Toscelik's own 
rates from short-term loans in the United States. See Issues and 
Decision Memorandum at Comments 1 through 4 for Borusan and Comment 5 
for Toscelik. For further details on how the changes were applied in 
the margin calculation, see Memorandum to the File, from Victoria Cho 
and Christopher Hargett, International Trade Analysts, through Robert 
James, Program Manager, entitled ``Final Results in the 2010/2011 
Administrative Review on Circular Welded Carbon Steel Pipes and Tubes 
from Turkey,'' dated November 30, 2012; see also Memorandum from James 
J. Balog, through Michael P. Martin, to Neal M. Halper, entitled ``Cost 
of Production and Constructed Value Calculation Adjustments for the 
Final Results--Borusan Mannesmann Boru Sanayive Ticaret A.S.,'' dated 
November 28, 2012.

Final Results of Review

    As a result of this review, we determine that the following 
weighted-average dumping margins exist for the

[[Page 72820]]

period May 1, 2010, through April 30, 2011:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Manufacturer/exporter                       dumping
                                                              margin
                                                             (percent)
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Borusan.................................................            6.05
Toscelik................................................            0.00
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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.\18\
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    \18\ See 19 CFR 351.224(b).
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Assessment

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (``the Act''), and 19 CFR 351.212(b), the Department will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. The Department intends to issue assessment instructions to 
CBP 15 days after the date of publication of these final results of 
review.
    For assessment purposes, the Department applied the assessment rate 
calculation method adopted in Antidumping Proceedings: Calculation of 
the Weighted-Average Dumping Margin and Assessment Rate in Certain 
Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 
2012).
    We calculated such rates based on the ratio of the total amount of 
dumping calculated for the examined sales to the total entered value of 
the sales for which entered value was reported. If an importer-specific 
assessment rate is zero or de minimis (i.e., less than 0.50 percent) or 
exporter has a weighted-average dumping margin that is zero or de 
minimis, the Department will instruct CBP to assess that importer's 
entries of subject merchandise without regard to antidumping duties, in 
accordance with 19 CFR 351.106(c)(2).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\19\ 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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    \19\ 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 cash deposit requirements will be effective upon 
publication of this notice of final results of the administrative 
review for all shipments of subject merchandise entered or withdrawn 
from warehouse, for consumption, on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For the companies 
subject to this review, the cash deposit rate will be the respective 
rates established in the final results of this review, as listed above; 
(2) for previously reviewed or investigated companies not listed above 
that have their own rates, the cash deposit rate will continue to be 
the company-specific rate published for the most recently completed 
segment of this proceeding in which that manufacturer or exporter 
participated; (3) if the exporter is not a firm covered in this review, 
a prior review, or the LTFV investigation, but the manufacturer is, the 
cash deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the manufacturer of the 
subject merchandise; and (4) if neither the exporter nor the 
manufacturer is a firm covered in this or any previous completed 
segment conducted under this proceeding by the Department, the cash 
deposit rate will be 14.74 percent, the all-others rate, established in 
the LTFV investigation.\20\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \20\ See Antidumping Duty Order; Welded Carbon Steel Standard 
Pipe and Tube Products From Turkey, 51 FR 17784, 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 order (``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 the return or 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: November 30, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I--Issues in Issues and Decision Memorandum

General Issues

Comment 1: Whether To Apply Targeted Dumping to Borusan and Toscelik

Company Specific Issues

Borusan

Comment 2: Home Market Window Period
Comment 3: G&A Expenses Calculation
Comment 4: Unpaid Exempted Duties as a Part of the Cost of 
Production

Toscelik

Comment 5: U.S. Credit Expense

[FR Doc. 2012-29529 Filed 12-5-12; 8:45 am]
BILLING CODE 3510-DS-P