[Federal Register Volume 79, Number 166 (Wednesday, August 27, 2014)]
[Notices]
[Pages 51140-51142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20400]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-502]


Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final 
Results of Countervailing Duty Administrative Review; Calendar Year 
2012 and Rescission of Countervailing Duty Administrative Review, in 
Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) completed the 
administrative review of the countervailing duty (CVD) order on 
circular welded carbon steel pipes and tubes (steel pipes and tubes) 
from Turkey for the January 1, 2012, through December 31, 2012, period 
of review (POR) in accordance with section 751(a) of the Tariff Act of 
1930, as amended (the Act). This review covers multiple exporters/
producers, one of which is being individually examined as a mandatory 
respondent. We determine that the net subsidy rate for the sole 
mandatory respondent, Borusan Mannesmann Boru Sanayi ve Ticaret A.S. 
(BMB), and Borusan Istikbal Ticaret T.A.S. (Istikbal), (collectively, 
the Borusan Companies), although revised from the preliminary results, 
continues to be de minimis. We further continue to find that the net 
subsidy rates for Erbosan Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan 
AS) and Erbosan Erciyas Pipe Industry and Trade Co. Kayseri Free Zone 
Branch (Erbosan FZB), (collectively Erbosan), and Tosyali dis Ticaret 
A.S. (Tosyali) and Toscelik Profil ve Sac Endustrisi A.S. (Toscelik 
Profil), (collectively, Toscelik), the two firms not individually 
examined in this review, are de minimis and 0.83 percent ad valorem, 
respectively. Additionally, the Department is rescinding the review of 
three companies that timely certified that they had no shipments of 
subject merchandise during the POR.

DATES: Effective Date: August 27, 2014.

FOR FURTHER INFORMATION CONTACT: John Conniff at 202-482-1009, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of

[[Page 51141]]

Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230.

Background

    On March 7, 1986, the Department published in the Federal Register 
the CVD order on steel pipes and tubes from Turkey.\1\ On April 17, 
2014, the Department published in the Federal Register the Preliminary 
Results for this review.\2\ In the Preliminary Results, we invited 
interested parties to submit case and rebuttal briefs commenting on the 
preliminary results and to request a hearing.\3\ On May 23, 2014, we 
received a case brief from the Borusan Companies. We received no 
rebuttal brief, and did not hold a hearing in this review, as none was 
requested by interested parties.
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    \1\ See Countervailing Duty Order: Certain Welded Carbon Steel 
Pipe and Tube Products From Turkey, 51 FR 7984 (March 7, 1986).
    \2\ See Circular Welded Carbon Steel Pipes and Tubes from 
Turkey: Circular Welded Carbon Steel Pipe and Tube Products From 
Turkey: Preliminary Results of Countervailing Duty Administrative 
Review; Calendar Year 2012 and Intent To Rescind Countervailing Duty 
Administrative Review, in Part, 79 FR 22625 (April 17, 2014) 
(Preliminary Results).
    \3\ Id., 79 FR at 22627.
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Scope of Order

    The products covered by this order are certain welded carbon steel 
pipe and tube with an outside diameter of 0.375 inch or more, but not 
over 16 inches, of any wall thickness (pipe and tube) from Turkey. 
These products are currently classifiable under the Harmonized Tariff 
Schedule of the United States (HTSUS) subheadings as 7306.30.10, 
7306.30.50, and 7306.90.10. Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
merchandise is dispositive.

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(A) of the Act. For each of the subsidy programs found 
countervailable during the POR, we determine that there is a subsidy, 
i.e., a government-provided financial contribution that confers a 
benefit to the recipient, and that the subsidy is specific. See 
sections 771(5)(B) and (D) of the Act regarding financial contribution; 
section 771(5)(E) of the Act regarding benefit; and section 771(5A) of 
the Act regarding specificity. For a complete description of the 
methodology, see the Issues and Decision Memorandum.\4\
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    \4\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, ``Decision Memorandum for 
Final Results of Countervailing Duty (CVD) Administrative Review: 
Circular Welded Carbon Steel Pipes and Tubes from Turkey,'' dated 
concurrently with these final results (Issues and Decision 
Memorandum).
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Analysis of Comments Received

    All issues raised in the Borusan Companies' case brief, the only 
case brief submitted in this proceeding, are addressed in the Issues 
and Decision Memorandum. A list of the issues which the Borusan 
Companies raised, and to which we responded 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 is 
available to all parties in the Central Records Unit, Room 7046 of the 
main Commerce building. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and Decision 
Memorandum are identical in content.

Rescission of the 2012 Administrative Review, in Part

    The Department did not receive any information from interested 
parties or U.S. Customs and Border Protection (CPB) that was contrary 
to the claims of Yucel Group and affiliates including Yucel Boru ye 
Profil Endustrisi A.S, Yucelboru Ihracat Ithalat ye Pazarlama A.S, and 
Cayirova Born Sanayi ye Ticaret A.S. (collectively, Yucel), Umran Celik 
Boru Sanayii A.S. (Umran), and Guven Celik Boru San. Ve Tic. Ltd. 
(Guven) of no sales, shipments, or entries of subject merchandise to 
the United States during the POR after we preliminarily indicated our 
intent to rescind the administrative review. Accordingly, based on 
record evidence, we determine that Yucel, Umran, and Guven did not ship 
subject merchandise to the United States during the POR. Therefore, in 
accordance with 19 CFR 351.213(d)(3), and consistent with our 
practice,\5\ we are rescinding the review for Yucel, Umran, and Guven.
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    \5\ See, e.g., Aluminum Extrusions from the People's Republic of 
China: Notice of Partial Rescission of Countervailing Duty 
Administrative Review, 79 FR 2635 (January 15, 2014).
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Final Results of Review

    Pursuant to section 751(a)(1)(A) of the Act, we calculated an 
individual subsidy rate for the mandatory respondent, the Borusan 
Companies. Consistent with the Preliminary Results and as explained in 
the Issues and Decision Memorandum,\6\ we determine that the Borusan 
Companies received a net subsidy rate of 0.13 percent ad valorem during 
the POR, which is de minimis.\7\ In past reviews in which the 
Department limited the number of respondents being individually 
examined, the Department determined that a ``reasonable method'' to use 
to determine the rate applicable to companies that were not 
individually examined when all the rates of selected mandatory 
respondents are zero or de minimis is to assign non-selected 
respondents the average of the most recently determined rates that are 
not zero, de minimis, or based entirely on facts available.\8\ However, 
if a non-selected respondent has its own calculated rate that is 
contemporaneous with or more recent than such previous rates, the 
Department found it appropriate to apply that calculated rate to the 
non-selected respondent, even when that rate is zero or de minimis.\9\
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    \6\ See Issues and Decision Memorandum at 3.
    \7\ See 19 CFR 351.106(c)(1).
    \8\ See Certain Frozen Warmwater Shrimp From the Socialist 
Republic of Vietnam: Final Results and Final Partial Rescission of 
Antidumping Duty Administrative Review, 74 FR 47191, 47194-95 
(September 15, 2009).
    \9\ Id.
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    In the Turkey Pipe 2011 Final Results, the most recently completed 
administrative review of this order, the Department calculated a de 
minimis net subsidy rate for Erbosan and a net subsidy rate of 0.83 
percent ad valorem for Toscelik.\10\ Therefore, consistent with the 
Department's practice, as described above, the Department is assigning 
rates of de minimis for Erbosan and 0.83 percent ad valorem for 
Toscelik, based on the individual rates calculated for those companies 
in the prior review. Our approach in this regard is unchanged from the 
Preliminary Results.\11\
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    \10\ See Circular Welded Carbon Steel Pipes and Tubes from 
Turkey: Final Results of Countervailing Duty Administrative Review; 
Calendar Year 2011, 78 FR 64916, 64917 (October 30, 2013) (Turkey 
Pipe 2011 Final Results) and accompanying Issues and Decision 
Memorandum at Comment 1.
    \11\ See Preliminary Results, and accompanying Decision 
Memorandum at 6-7.
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Assessment Rates/Cash Deposits

    In accordance with 19 CFR 351.212(b)(2), the Department intends to 
issue assessment instructions to CBP 15 days after the date of 
publication of these final results of review to liquidate shipments of 
subject merchandise by the Borusan Companies and Erbosan entered, or 
withdrawn form warehouse, for consumption on or after January 1, 2012, 
through December 31, 2012,

[[Page 51142]]

without regard to CVDs because a de minimis subsidy rate was calculated 
for each company as the ad valorem assessment rate. We will also 
instruct CBP to continue to suspend liquidation but to collect no cash 
deposits of estimated CVDs on shipments of the subject merchandise by 
the Borusan Companies and Erbosan entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this review.
    For Toscelik, the Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of these 
final results of review to liquidate shipments of subject merchandise 
by Toscelik entered, or withdrawn from warehouse, for consumption on or 
after January 1, 2012, through December 31, 2012, at the ad valorem 
assessment rate listed above. We will also instruct CBP to collect cash 
deposits for Toscelik at the CVD cash deposit rate indicated above on 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of these 
final results of review.
    For Yucel, Umran, and Guven, the companies for which this review is 
rescinded, CVDs shall be assessed at rates equal to the cash deposit of 
estimated CVDs required at the time of entry, or withdrawal from 
warehouse, for consumption, during the period January 1, 2012, through 
December 31, 2012, consistent with 19 CFR 351.212(c)(1)(i).
    For all non-reviewed companies, we will instruct CBP to continue to 
collect cash deposits at the most recent company-specific or country-
wide rate applicable to the company. Accordingly, the cash deposit 
rates that will be applied to companies covered by this order, but not 
examined in this review, are those established in the most recently 
completed administrative proceeding for each company. The cash deposit 
rates for all companies not covered by this review are not changed by 
the results of this review, and remain in effect until further notice.

Return or Destruction of Proprietary Information

    This notice also serves as a 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/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 final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 21, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

I. Summary
II. Period of Review
III. Scope of the Order
IV. Rescission of the 2012 Administrative Review, in Part
V. Attribution of Subsidies
VI. Allocation Period
VII. Subsidies Valuation Information--Benchmarks and Discount Rates
VIII. Non-Selected Rate
IX. Analysis of Programs
    A. Programs Determined To Be Countervailable
    B. Programs Determined To Not Confer Countervailable Benefits
    C. Programs Determined To Be Not Used
X. Analysis of Comments
    Borusan
    Comment: Whether the Department Double-Counted Subsidy Benefits 
the Borusan Companies Received In Connection with Certain EXIMBANK 
Loans
XI. Recommendation

[FR Doc. 2014-20400 Filed 8-26-14; 8:45 am]
BILLING CODE 3510-DS-P