[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Notices]
[Pages 79665-79667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31344]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]


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

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: On June 7, 2013, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on welded carbon steel standard pipe and tube 
products (welded pipe and tube) from Turkey.\1\ The period of review 
(POR) is May 1, 2011, through April 30, 2012. Based on our analysis of 
the comments received, we have made certain changes in the margin 
calculations. Therefore, the final results 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 the 
Review.'' Further, we find that two companies had no shipments of 
subject merchandise during the POR.\2\
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    \1\ See Welded Carbon Steel Standard Pipe and Tube Products from 
Turkey: Preliminary Results of Antidumping Duty Administrative 
Review; 2011-2012, 78 FR 34340 (June 7, 2013) (Preliminary Results).
    \2\ The Department initiated a review on the Borusan Group, 
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 Endustrisi A.S., Toscelik Metal Ticaret A.S., and Tosyali Dis 
Ticaret A.S. (collectively, Toscelik); the Yucel Group, Cayirova 
Boru Sanayi ve Ticaret A.S., Yucel Boru ve Profil Endustrisi A.S., 
and Yucelboru Ihracat Ithalat ve Pazarlama A.S. (collectively, 
Yucel). As noted in the preliminary results, with respect to the 
Borusan entities, only Borusan Mannesmann Boru Sanayi ve Ticaret 
A.S. had reviewable sales during the POR. See Preliminary Results, 
78 FR at 34340 n. 4. Furthermore, as we stated in the draft cash 
deposit instructions accompanying the preliminary results, several 
of the Borusan entities no longer exist. See draft cash deposit 
instructions in Attachment 2 of the memorandum entitled 
``Preliminary Results of the 2011-2012 Administrative Review of 
Welded Carbon Steel Standard Pipe and Tube Products from Turkey,'' 
dated June 3, 2013. Erbosan also had reviewable sales. As noted 
below, we have determined that neither Toscelik nor Yucel had 
reviewable entries during the POR.

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DATES: Effective Date: December 31, 2013.

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

Background

    On June 7, 2013, the Department published the Preliminary Results, 
and invited interested parties to comment.\3\ On July 22, 2013, we 
received case briefs from domestic producers Wheatland Tube Company 
(Wheatland) and United States Steel Corporation (U.S. Steel), as well 
as from respondent Borusan. On August 1, 2013, we received rebuttal 
briefs from Borusan and Erbosan. On August 2, 2013, we received 
rebuttal briefs from Wheatland and U.S. Steel.
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    \3\ See Preliminary Results, 78 FR at 34341.
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    The Department has conducted this administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).

Scope of the Order

    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 
subheadings are provided for convenience and customs purposes. A full 
written 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 Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, ``Issues and 
Decision Memorandum for Final Results of the Antidumping Duty 
Administrative Review: Welded Carbon Steel Standard Pipe and Tube 
Products from Turkey; 2011-2012'' (Issues and Decision Memorandum), 
which is hereby adopted by this notice and incorporated herein by 
reference. The written description is dispositive.

Final Determination of No Shipments

    As noted in the Preliminary Results, we received no-shipment claims 
from two companies under review--Yucel and Toscelik.\4\ These companies 
reported that they made no shipments of subject merchandise to the 
United States during the POR.\5\ U.S. Customs and Border Protection 
(CBP) confirmed that it did not identify evidence of shipments from 
either company. Following publication of the Preliminary Results, we 
received no comments from interested parties regarding these companies. 
As a consequence, and because the record contains no evidence to the 
contrary, we continue to find that neither company made any shipments 
during the POR. Accordingly, consistent with the

[[Page 79666]]

Department's practice, we intend to instruct CBP to liquidate any 
existing entries of merchandise produced by Yucel or Toscelik, but 
exported by other parties, at the all-others rate.\6\
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    \4\ See Preliminary Results, 78 FR at 34340-41.
    \5\ For a full explanation of the Department's analysis, see the 
Preliminary Results and accompanying Preliminary Decision Memorandum 
at 3.
    \6\ 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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Analysis of Comments Received

    All issues raised in the case briefs by parties are addressed in 
the Issues and Decision Memorandum. A list of the issues which parties 
raised and to which we respond in the Issues and Decision Memorandum is 
attached to this notice as an Appendix. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov, and it 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 Issues and Decision Memorandum can be accessed directly at 
http://enforcement.trade.gov/frn/. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and our analysis of the comments 
received from interested parties on the Preliminary Results, we made 
changes to the margin calculations for Borusan. Specifically, we have 
used costs for the six-month period immediately preceding the POR for 
the sales during the seven month sales reporting window prior to the 
POR; revised the calculation of home market direct selling expenses to 
include certain factoring costs in that adjustment; revised Borusan's 
duty drawback adjustment to exclude amounts related to scrap and 
second-quality pipe which were not re-exported; and removed Borusan's 
non-VAT home market sales from the calculations. For detailed 
information, see the Issues and Decision Memorandum.

Final Results of the Review

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       dumping
                                                                margin
                                                               (percent)
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Borusan Mannesmann Boru Sanayi ve Ticaret A.S...............        1.79
ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S..................         0.0
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to parties in this proceeding 
in accordance with 19 CFR 351.224(b).

Assessment Rates

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries covered by this review pursuant to 
section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). The Department 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of these final results of review.
    For Borusan, because its weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent), the Department has 
calculated importer-specific antidumping duty assessment rates. We 
calculated importer-specific ad valorem antidumping duty assessment 
rates by aggregating the total amount of dumping calculated for the 
examined sales of each importer and dividing each of these amounts by 
the total entered value associated with those sales. We will instruct 
CBP to assess antidumping duties on all appropriate entries covered by 
this review where an importer-specific assessment rate is not zero or 
de minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to 
liquidate without regard to antidumping duties any entries for which 
the importer-specific assessment rate is zero or de minimis.
    For Erbosan, we will instruct CBP to liquidate all entries during 
the POR without regard to antidumping duties because its weighted-
average dumping margin in these final results is zero.\7\
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    \7\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 
2012).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment 
Policy Notice). This clarification applies 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 
that the merchandise they sold to an intermediary (e.g., a reseller, 
trading company, or exporter) was destined for the United States. In 
such instances, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate established in the less-than-fair-value (LTFV) 
investigation \8\ if there is no rate for the intermediate company(ies) 
involved in the transaction. See Assessment Policy Notice for a full 
discussion of this clarification.
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    \8\ 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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    For Yucel and Toscelik, because the Department has determined that 
each of these respondents had no shipments during the POR for which 
they had knowledge, all entries entered under each of their cash 
deposit rates will be liquidated at the all-others rate established in 
the LTFV investigation.\9\
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    \9\ Id.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of 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 rates for Borusan and Erbosan will be 
equal to the weighted-average dumping margins established in the final 
results of this review; (2) for previously reviewed or investigated 
companies not participating in this review, as well as for Yucel and 
Toscelik, the cash deposit rate will continue to be the company-
specific rate established from a completed segment of this proceeding 
for the most recent period; (3) if the exporter is not a firm covered 
in this review, a previous review, or the original LTFV investigation, 
but the manufacturer is, the cash deposit rate will be the rate 
established from a completed segment of this proceeding for the most 
recent period for the manufacturer of the 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.\10\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \10\ Id.
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Notification to Importers

    This notice also serves as a final reminder to importers of their

[[Page 79667]]

responsibility under 19 CFR 351.402(f) 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 occurred, and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    In accordance with 19 CFR 351.305(a)(3), 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. Timely written notification of 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.
    These final results of review and notice are published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 23, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

Issues

Borusan

Comment 1: Significance of Cost Changes
Comment 2: Date of Sale for U.S. Sales
Comment 3: Home Market Direct Selling Expenses and Factoring Costs
Comment 4: Duty Drawback for U.S. Sales
Comment 5: Whether to Remove the Non-VAT Sales from the Home Market 
Sales Data Prior to Making Sales Comparisons
Comment 6: Withdraw of the Regulatory Provisions Governing Targeted 
Dumping in Less-Than-Fair-Value Investigations
Comment 7: Consideration of an Alternative Comparison Method in 
Administrative Reviews
Comment 8: The Average-to-Transaction Method and the Denial of 
Offsets for Non-Dumped Comparisons
Comment 9: Differential Pricing Issues

Erbosan

Comment 10: Differential Pricing Issues

[FR Doc. 2013-31344 Filed 12-30-13; 8:45 am]
BILLING CODE 3510-DS-P