[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Notices]
[Pages 35999-36001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14856]


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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; 2012-
2013

AGENCY: Enforcement and Compliance, 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, 2012, to April 30, 2013. This review covers 
the following companies: Borusan Holding A.S., Borusan Istikbal Ticaret 
T.A.S., Borusan Lojistik Dagitim Depolama Tasimacilik ve Tic A.S., 
Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Cayirova Boru Sanayi ve 
Ticaret A.S., ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S., Guven Celik 
Boru San. ve Tic. Ltd., Guven Steel Pipe, Metaleks Celik Urunleri San. 
ve Tic. Ltd. Sti., Metaliks Celik Urunkeri San. ve Tic. Ltd., The 
Borusan Group, Toscelik Metal Ticaret A.S., Toscelik Profil ve Sac 
Endustisi A.S., Toscelik Profil ve Sac Endustrisi A.S., Tosyali Dis 
Ticaret A.S., Umran Celik Boru Sanayii A.S., Umran Steel Pipe Inc., 
Yucel Boru ve Profil Endustrisi A.S, Yucelboru Ihracat Ithalat ve 
Pazarlama A.S., and Yucel Group. The Department preliminarily finds 
that all of the aforementioned firms had no shipments, with the 
exception of Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and 
Toscelik Profil ve Sac Endustrisi A.S.\3\ We preliminarily determine 
that Borusan made U.S. sales below normal value, and that Toscelik did 
not make U.S. sales below normal value. 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 
Borusan Mannesmann Boru Sanayi ve Ticaret AS.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 78 FR 
38924 (June 28, 2013) (Initiation Notice). The Initiation Notice 
inadvertently referenced the incorrect order title. See id. The 
Federal Register notice and memorandum accompanying these 
preliminary results use the original and correct order title, as 
reflected in the original 1985 order. See Antidumping Duty Order; 
Welded Carbon Steel Standard Pipe and Tube Products from Turkey, 51 
FR 17784 (May 15, 1986).
    \3\ In prior segments of this proceeding, we have treated 
Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan Istikbal 
Ticaret T.A.S., and Borusan Lojistik Dagitim Depolama Tasimacilik ve 
Tic A.S. as the same legal entity. See, e.g., customs message number 
4008308, dated January 8, 2014. We preliminarily determine that 
there is no evidence on the record for altering such treatment of 
these parties, referred to collectively as ``Borusan.'' In prior 
segments of this proceeding we have also treated Toscelik Profil ve 
Sac Endustrisi A.S., Toscelik Metal Ticaret A.S., and Tosyali Dis 
Ticaret A.S. as the same legal entity. See, e.g., customs message 
number 4021306, dated January 21, 2014. Based on information on the 
record of this review, we have preliminarily determined that 
Toscelik Metal Ticaret A.S. ceased existence prior to the POR. See 
the October 31, 2013 questionnaire response of Toscelik Profil ve 
Sac Endustrisi A.S. and Tosyali Dis Ticaret A.S. at 3. Therefore, 
for these preliminary results, we treat only Toscelik Profil ve Sac 
Endustrisi A.S. and Tosyali Dis Ticaret A.S. as the same legal 
entity, referred to collectively as ``Toscelik.''

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DATES: Effective Date: June 25, 2014.

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 VI, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

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 
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

[[Page 36000]]

Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Enforcement and Compliance, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Welded Carbon Steel 
Standard Pipe and Tube Products from Turkey; 2012-2013 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 Enforcement and Compliance'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://enforcement.trade.gov/frn/index.html. 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 to calculate the 
weighted-average dumping margin for Borusan, and the average-to-average 
method to calculate the weighted-average dumping margin for Toscelik.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    The following companies submitted letters to the Department 
indicating they had no shipments, sales, or entries of subject 
merchandise during the POR: Metaleks Celik Urunleri San. ve Tic. Ltd. 
Sti., on July 2, 2013; ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S., on 
July 29, 2013; Umran Celik Boru Sanayii A.S. and Umran Steel Pipe Inc., 
on August 5, 2013; Guven Celik Boru San. ve Tic. Ltd. and Guven Steel 
Pipe, on August 7, 2013; and Cayirova Boru Sanayi ve Ticaret A.S., 
Yucel Boru ve Profil Endustrisi A.S, Yucelboru Ihracat Ithalat ve 
Pazarlama A.S., self-identified as the Yucel Group companies, on March 
27, 2014.
    On April 8, 2014, 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 produced and/or exported 
by the aforementioned companies during the POR. CBP did not respond to 
our inquiry with any indication that merchandise had entered during the 
POR that was produced and/or exported by the companies referenced in 
the inquiry. In addition, we obtained other documentation from CBP that 
supports the conclusion that there were no such entries during the POR 
for the companies in question.
    Based on the certifications, CBP's lack of a positive response to 
our inquiry, and analysis of the other information on the record 
referenced above, we preliminarily determine the aforementioned 
companies identified in the Department's inquiry to CBP 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 those companies, but rather to complete the review with 
respect to them, and to 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, 2012, through 
April 30, 2013, are as follows:

------------------------------------------------------------------------
                                                       Weighted-average
                Producer or exporter                    dumping margin
                                                           (percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.\4\...                1.28
Toscelik Profil ve Sac Endustrisi A.S.\5\...........                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\ In order to be 
properly filed, IA ACCESS must successfully receive an electronically-
filed document in its entirety by 5 p.m. Eastern Time.
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    \4\ Also includes Borusan Istikbal Ticaret T.A.S. and Borusan 
Lojistik Dagitim Depolama Tasimacilik ve Tic A.S.
    \5\ Also includes Tosyali Dis Ticaret A.S.
    \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 Enforcement and 
Compliance, filed electronically via IA ACCESS, 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.
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    \11\ See 19 CFR 351.310(c).
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    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.

Assessment Rates

    Upon completion of the administrative review, the Department

[[Page 36001]]

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 Toscelik'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.

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 
Toscelik 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, then 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.\12\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \12\ 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 occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: June 18, 2014.
Ronald Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

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. Comparisons to Normal Value
6. Product Comparisons
7. Date of Sale
8. Export Price
9. Normal Value
10. Currency Conversion
11. Recommendation

[FR Doc. 2014-14856 Filed 6-24-14; 8:45 am]
BILLING CODE 3510-DS-P