[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Pages 32090-32092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13807]


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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; 2013-
2014

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 (POR) is May 1, 2013, to April 30, 2014. This review 
covers the following companies: Borusan Istikbal Ticaret T.A.S., and 
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (collectively 
``Borusan''); ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan); 
Toscelik Profil ve Sac Endustrisi A.S. (Toscelik) and Tosyali Dis 
Ticaret A.S. (Tosyali) (collectively ``Toscelik'').\3\ The Department 
preliminarily determines that Borusan and Toscelik both made U.S. sales 
of subject merchandise below normal value. In addition, the Department 
preliminarily finds that Erbosan had no shipments. The preliminary 
results are listed below in the section titled ``Preliminary Results of 
Review.''
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    \1\ Wheatland Tube Company, Borusan Mannesmann Boru Sanayi ve 
Ticaret A.S., and Borusan Istikbal Ticaret requested the instant 
administrative review.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 36462 (June 27, 2014) (Initiation 
Notice). The Initiation Notice inadvertently referenced the 
incorrect order title. This Federal Register notice and the decision 
memorandum accompanying these preliminary results use the original 
and correct order title, 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).
    \3\ In prior segments of this proceeding, we treated Borusan 
Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret 
T.A.S. as the same legal entity. See, e.g., Welded Carbon Steel 
Standard Pipe and Tube Products From Turkey: Final Results of 
Antidumping Duty Administrative Review; 2012-2013, 79 FR 71087, 
71088 (December 1, 2014). We preliminarily determine that there is 
no evidence on the record for altering such treatment of these two 
parties, referred to collectively as Borusan. Similarly, in prior 
segments of this proceeding we treated Toscelik and Tosyali as the 
same legal entity. See, e.g., id. There is also no record evidence 
for altering this treatment. Therefore, for these preliminary 
results, we are treating Toscelik and Tosyali as the same legal 
entity.

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DATES:  Effective Date: June 5, 2015.

FOR FURTHER INFORMATION CONTACT: Fred Baker, Deborah Scott, or Robert 
James at (202) 482-2924, (202) 482-2657, 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 
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; 2013-2014 Administrative 
Review'' (Preliminary Decision Memorandum), which is hereby adopted by 
this notice. The written description of the scope of the order is 
dispositive.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(B) and (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.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The

[[Page 32091]]

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 (ACCESS). 
ACCESS is available to registered users at http://access.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 
at http://enforcement.trade.gov/frn/index.html. The signed Preliminary 
Decision Memorandum and the electronic version of the Preliminary 
Decision Memorandum are identical in content. A list of the topics 
discussed in the Preliminary Decision Memorandum is attached as the 
Appendix to this notice.

Preliminary Determination of No Shipments

    On July 15, 2014, Erbosan submitted a letter certifying that it had 
no exports, sales, or entries of subject merchandise to the United 
States during the POR, and that it did not know or have reason to know 
that any of its customers would subsequently export or sell subject 
merchandise exported by Erbosan to the United States. On August 22, 
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 exported by Erbosan during the POR. In 
response, CBP communicated to the Department that its data indicated 
that subject merchandise exported by Erbosan may have entered the 
United States during the POR. Therefore, we obtained U.S. entry 
documents for these shipments, and upon analysis conclude that the 
record does not support finding that Erbosan had knowledge that the 
destination for these shipments was the United States.\4\ The 
Department also requested clarification from Erbosan regarding these 
shipments, and Erbosan again confirmed that during the POR, it did not 
export subject merchandise to any customer in the United States or to 
any customer outside the United States knowing the final destination 
was the United States. Erbosan also certified that it did not sell 
subject merchandise to any domestic customer which purchased the 
subject merchandise for export to the United States, nor did it have 
knowledge that any of its customers would subsequently export or sell 
Erbosan's subject merchandise to the United States. As previously 
noted, we have found nothing in the U.S. entry documents or elsewhere 
on the record that contradicts these claims.
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    \4\ See Memorandum to the File from Fred Baker, ``U.S. Entry 
Documents--Welded Carbon Steel Standard Pipe and Tube Products from 
Turkey,'' dated January 30, 2015.
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    Based on Erbosan's certifications and our analysis of the other 
information on the record referenced above, we preliminarily determine 
that Erbosan 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 Erbosan, but rather to complete the 
review with respect to Erbosan, 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, 2013 through 
April 30, 2014 are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                Average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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Borusan Mannesmann Boru Sanayi ve Ticaret A.S \5\...........        3.16
Toscelik Profil ve Sac Endustrisi A.S \6\...................        1.77
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\5\ Also includes Borusan Istikbal Ticaret T.A.S. See footnote 3.
\6\ Also includes Tosyali Dis Ticaret A.S. See footnote 3.

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.\7\ Interested parties may 
submit case briefs no later than 30 days after the date of publication 
of this notice.\8\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed not later than five days after the due date 
for filing case briefs.\9\ 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.\10\ Case and rebuttal briefs should be 
filed using ACCESS.\11\ In order to be properly filed, ACCESS must 
successfully receive an electronically-filed document in its entirety 
by 5 p.m. Eastern Time.
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    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(d).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ 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 ACCESS, within 30 days after the 
date of publication of this notice.\12\ 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 
and rebuttal briefs.
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    \12\ See 19 CFR 351.310(c).
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    Unless otherwise extended, the Department intends to 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 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.
    With respect to Erbosan, if we continue to find that Erbosan had no 
shipments of subject merchandise in the final results, we will instruct 
CBP to liquidate any existing entries of merchandise produced by 
Erbosan, 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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    \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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[[Page 32092]]

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 
zero or 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.\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 (May 15, 1986).
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Notification to Importers

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

    Dated: May 29, 2015.
Paul Piquado,
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. 2015-13807 Filed 6-4-15; 8:45 am]
 BILLING CODE 3510-DS-P