[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34340-34342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13566]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]


Welded Carbon Steel Standard Pipe and Tube Products From Turkey: 
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012

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

SUMMARY: In response to a request by interested parties,\1\ the 
Department of Commerce (the Department) is conducting an administrative 
review of the antidumping duty order on welded carbon steel standard 
pipe and tube products (welded pipe and tube) from Turkey.\2\ The 
period of review is May 1, 2011, to April 30, 2012. This review covers 
four respondents: Borusan, Erbosan, Toscelik, and Yucel.\3\ The 
Department preliminarily finds that Toscelik and Yucel had no 
shipments. We preliminarily determine that Borusan \4\ made sales below 
normal value and Erbosan did not. The preliminary results are listed 
below in the section titled ``Preliminary Results of Review.''
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    \1\ Wheatland Tube Company, United States Steel Corporation, and 
Erbosan Erciyas Boru Sanayi ve Ticaret A.S.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 77 FR 
40565 (July 10, 2012).
    \3\ The Department initiated a review on the Borusan Group and 
all affiliates, which includes Borusan Mannesmann Boru Sanayi ve 
Ticaret A.S., Borusan Istikbal Ticaret T.A.S., Borusan Holding A.S., 
and Borusan Lojistik Dagitim Depolama Tasimacilik ve Tic A.S. 
(collectively, Borusan); ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S. 
(Erbosan); Toscelik Profil ve Sac Endustisi A.S., Toscelik Metal 
Ticaret A.S., Tosyali Dis Ticaret A.S. (collectively, Toscelik); the 
Yucel Group and all affiliates, Cayirova Boru Sanayi ve Ticaret 
A.S., Yucel Boru ve Profil Endustrisi A.S., and Yucelboru Ihracat 
Ithalat ve Pazarlama A.S. (collectively, Yucel.).
    \4\ We note that of the Borusan entities, only Borusan Mannesman 
Boru Sanayi ve Ticaret A.S. (BMB) had reviewable sales during this 
period of review.

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DATES: As of June 7, 2013.

FOR FURTHER INFORMATION CONTACT: Fred Baker, Victoria Cho, or Robert 
James at (202) 482-2924, (202) 482-5075, or (202) 482-0649, 
respectively; AD/CVD Operations, Office 7, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Scope of the Order \5\
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    \5\ Beginning in 1996, we note we inadvertently used an 
incorrect case name and incorrect scope language in many of our 
notices in this case. The Department is using the original and 
correct case name and scope in this segment, as reflected in the 
original 1986 order. See Antidumping Duty Order; Welded Carbon Steel 
Standard Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 
1986).
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    The merchandise subject to the order is welded pipe and tube. The 
welded pipe and tube subject to the order is currently classifiable 
under subheading 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 of the 
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS 
subheading is provided for convenience and customs purposes. A full 
description of the scope of the order is contained in the memorandum 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting 
Assistant Secretary for Import Administration, ``Decision Memorandum 
for Preliminary Results of Antidumping Duty Administrative Review: 
Welded Carbon Steel Standard Pipe and Tube Products from Turkey; 2011-
2012 Administrative Review'' (Preliminary Decision Memorandum), which 
is hereby adopted by this notice. The written description is 
dispositive.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
Access to IA ACCESS is available to registered users at http://iaaccess.trade.gov and is available to all parties in the Central 
Records Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at http://www.trade.gov/ia/. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price 
is calculated in accordance with section 772 of the Act. Normal value 
(NV) is calculated in accordance with section 773 of the Act.
    To determine the appropriate comparison method, the Department 
applied a ``differential pricing'' analysis and has preliminarily 
determined to use the average-to-transaction method in making 
comparisons of export price and normal value for Borusan and the 
average-to-average method in making comparisons of export price and 
normal value for Erbosan.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    Toscelik and Yucel, in letters dated August 20, 2012, reported that 
they made no shipments, entries or sales of subject merchandise during 
the POR. On September 24, 2012, the Department issued a ``No Shipment 
Inquiry'' to U.S. Customs and Border Protection (CBP) to confirm that 
there were no entries of welded pipe and tube from Turkey exported by 
Toscelik or Yucel during the POR. In addition, we obtained other 
documentation from CBP to evaluate the

[[Page 34341]]

accuracy of Toscelik's and Yucel's no shipment claims.
    Based on the certification of Toscelik and Yucel and our analysis 
of CBP information, we preliminarily determine that Toscelik and Yucel 
had no shipments during the POR.
    However, consistent with our practice, the Department finds that it 
is not appropriate to rescind the review with respect to Toscelik and 
Yucel, but rather to complete the review with respect to Toscelik and 
Yucel and issue appropriate instructions to CBP based on the final 
results of this review.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
weighted-average dumping margins for the period May 1, 2011, through 
April 30, 2012, are as follows:

------------------------------------------------------------------------
                                                       Weighted-average
                Manufacturer/exporter                   dumping margin
                                                           (percent)
------------------------------------------------------------------------
Borusan.............................................                3.67
Erbosan.............................................                0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department will disclose to interested parties the calculations 
performed in connection with these preliminary results within five days 
of the date of publication of this notice.\6\ Pursuant to 19 CFR 
351.309(c), interested parties may submit cases briefs no later than 30 
days after the date of publication of this notice.\7\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\8\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\9\ Case and 
rebuttal briefs should be filed using IA ACCESS.\10\
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    \6\ See 19 CFR 351.224(b).
    \7\ See 19 CFR 351.309(c)(ii).
    \8\ See 19 CFR 351.309(d).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
filed electronically via IA ACCESS. The Department's electronic records 
system, IA ACCESS, must successfully receive an electronically-filed 
document in its entirety by 5 p.m. Eastern Daylight Time within 30 days 
after the date of publication of this notice.\11\ Requests should 
contain: (1) The party's name, address, and telephone number; (2) the 
number of participants; and (3) a list of issues to be discussed. 
Issues raised in the hearing will be limited to those raised in the 
respective case briefs. The Department will issue the final results of 
this administrative review, including the results of its analysis of 
the issues raised in any written briefs, not later than 120 days after 
the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act.
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    \11\ See 19 CFR 351.310(c).
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Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries in accordance with 19 CFR 351.212(b)(1). We intend to issue 
instructions to CBP 15 days after the date of publication of the final 
results of this review.
    If Borusan's or Erbosan's weighted-average dumping margins are not 
zero or de minimis (i.e., less than 0.5 percent) in the final results 
of this review, we will calculate importer-specific assessment rates on 
the basis of the ratio of the total amount of dumping calculated for 
the importer's examined sales and the total entered value of the sales 
in accordance with 19 CFR 351.212(b)(1). Where either a respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\12\ This clarification will apply to entries of subject 
merchandise during the POR produced by Borusan and Erbosan for which 
these companies did not know that the merchandise was destined for the 
United States. In such instances, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction. Further, instead 
of rescinding the review with respect to Toscelik and Yucel, we find it 
appropriate to complete the review and issue liquidation instructions 
to CBP concerning entries for Toscelik and Yucel following issuance of 
the final results of review. If we continue to find that Toscelik and 
Yucel had no shipments of subject merchandise in the final results, we 
will instruct CBP to liquidate any existing entries of merchandise 
produced by Toscelik and Yucel, but exported by other parties at the 
rate for the intermediate reseller, if available, or at the all-others 
rate.\13\
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    \12\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \13\ See, e.g., Magnesium Metal From the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (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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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Borusan and 
Erbosan will be equal to the weighted-average dumping margin 
established in the final results of this review, except if the rate is 
de minimis within the meaning of 19 CFR 351.106(c)(1), in which case 
the cash deposit rate will be zero; (2) for other manufacturers and 
exporters covered in a prior segment of the proceeding, 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 original less-
than-fair-value (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 subject 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 14.74 percent, the all-others rate 
established in the LTFV investigation.\14\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \14\ 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

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping 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 duties

[[Page 34342]]

occurred and the subsequent assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 31, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Verification
6. Comparisons to Normal Value
7. Determination of Comparison Method
8. Results of the Differential Pricing Analysis
9. Product Comparisons
10. Export Price
11. Normal Value
12. Cost of Production Analysis
13. Calculation of Normal Value Based on Home Market Prices
14. Recommendation

[FR Doc. 2013-13566 Filed 6-6-13; 8:45 am]
BILLING CODE 3510-DS-P