[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Notices]
[Pages 61361-61362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25989]



[[Page 61361]]

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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 
2013 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) has 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, 2013, through December 31, 2013, period 
of review (POR) in accordance with section 751(a) of the Tariff Act of 
1930, as amended (the Act). This review covers four exporters/
producers, one of which is being individually examined as a mandatory 
respondent. In these final results, the Department has made changes to 
the net subsidy rate determined for the sole mandatory respondent, 
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (BMB), Borusan Istikbal 
Ticaret T.A.S. (Istikbal), and Borusan Lojistik Dagitim Pepolama 
Tasimacilik ve Tic A.S. (Borusan Lojistik) (collectively, the Borusan 
Companies). Further, in these final results, we have continued to apply 
the net subsidy rate calculated for the Borusan Companies to the 
following three respondents not subject to individual review: Tosyali 
dis Ticaret A.S. (Tosyali) and Toscelik Profil ve Sac Endustrisi A.S. 
(Toscelik Profil), (collectively, the Toscelik Companies), Umran Celik 
Born Sanayii A.S. (also known as Umran Steel Pipe Inc.) (Umran), and 
Guven Steel Pipe (also known as Guven Celik Born San. Ve Tic. Ltd.) 
(Guven). Additionally, in these final results the Department is 
rescinding the review of two companies 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, the Erbosan 
Companies) and the Yucel Group and all 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, the Yucel 
Companies) that timely certified that they had no shipments of subject 
merchandise during the POR.

DATES: Effective Date: October 13, 2015.

FOR FURTHER INFORMATION CONTACT: John Conniff at 202-482-1009, or 
Jolanta Lawska at 202-482-8362, AD/CVD Operations, Office III, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of 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 8, 
2015, 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 8, 2015, we 
received case briefs from the Borusan Companies, the Government of 
Turkey (GOT), and the Toscelik Companies. We received no rebuttal 
briefs.
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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: Preliminary Results of Countervailing Duty Administrative 
Review and Preliminary Intent To Rescind in Part; Calendar Year 
2013, 80 FR 18809 (April 8, 2015) (Preliminary Results).
    \3\ Id., 80 FR at 18810.
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    On April 8, 2015 the Borusan Companies requested a hearing. On June 
1, 2015, the Borusan Companies withdrew their request for a hearing.
    On June 16, 2015, the Department extended the deadline for the 
final results of this administrative review until October 5, 2015.\4\
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    \4\ See Memorandum from Eric B. Greynolds, Program Manager, 
Office III, Antidumping and Countervailing Duty Operations through 
Erin Begnal, Director, Office III, Antidumping and Countervailing 
Duty Operations, to Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, dated June 16, 2015 
regarding Countervailing Duty Administrative Review: Circular Welded 
Carbon Steel Pipes and Tubes from Turkey; 2013, ``Extension of Time 
Limit for Final Results'' (June 16, 2015).
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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.\5\
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    \5\ See Memorandum to Paul Piquado, 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 case briefs of the Borusan Companies, the 
GOT, and the Toscelik Companies are addressed in the Issues and 
Decision Memorandum. A list of the issues 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 (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central 
Records Unit, room B8024 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 2013 Administrative Review, in Part

    The Department did not receive any information from interested 
parties or U.S. Customs and Border Protection (CBP) that was contrary 
to the claims of the Erbosan Companies and the Yucel Companies of no 
sales, shipments, or entries of subject merchandise to the United 
States during the POR after we indicated our intent to rescind the 
administrative review. Accordingly, based on record evidence, we 
determine that the Erbosan Companies and the Yucel Companies did not 
ship subject

[[Page 61362]]

merchandise to the United States during the POR. Therefore, in 
accordance with 19 CFR 351.213(d)(3), and consistent with our 
practice,\6\ we are rescinding the review for the Erbosan Companies and 
the Yucel Companies.
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    \6\ 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

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated an 
individual subsidy rate for the mandatory respondent, the Borusan 
Companies. Because the Borusan Companies are the sole mandatory 
respondent, we assigned to those companies not selected for individual 
review, the rate calculated for the Borusan Companies. As a result of 
this review, we determine the listed net subsidy rates for January 1, 
2013, through December 31, 2013:

------------------------------------------------------------------------
                Company                    Net subsidy rate (percent)
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Borusan Group, Borusan Holding, A.S.    0.91 ad valorem.
 (Borusan Holding), Borusan Mannesmann
 Boru Sanayi ve Ticaret A.S.
 (Borusan), Borusan Istikbal Ticaret
 T.A.S. (Istikbal), and Borusan
 Lojistik Dagitim Pepolama Tasimacilik
 ve Tic A.S. (Borusan Lojistik)
 (collectively, the Borusan Companies).
Umran Celik Born Sanayii A.S. (also     0.91 ad valorem.
 known as Umran Steel Pipe Inc.)
 (Umran).
Guven Steel Pipe (also known as Guven   0.91 ad valorem.
 Celik Born San. Ve Tic. Ltd.) (Guven).
Toscelik Profil ve Sac Endustrisi A.S.  0.91 ad valorem.
 (Toscelik Profil), Toscelik Metal
 Ticaret AS., and Tosyali Dis Ticaret
 AS. (Tosyali) (collectively, the
 Toscelik Companies).
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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 produced and/or exported by respondents listed 
above entered, or withdrawn form warehouse, for consumption on or after 
January 1, 2013, through December 31, 2013.
    For the Erbosan Companies and Yucel Companies, the rescinded 
companies, countervailing duties shall be assessed at rates equal to 
the rates for the cash deposit of estimated countervailing duties 
required at the time of entry, or withdrawal from warehouse, for 
consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department 
intends to issue appropriate assessment instructions to CBP 15 days 
after the date of publication of this notice.
    Pursuant to section 751(a)(2)(C) of the Act, the Department also 
intends to instruct CBP to collect cash deposits of estimated CVDs, in 
the amounts shown above for each of the respective companies shown 
above, on shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this review. For all non-reviewed firms, we will 
instruct CBP to continue to collect cash deposits at the most-recent 
company-specific or all-others rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
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), which continues to govern 
business proprietary information in this segment of proceeding. 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 which is subject to sanction.
    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 5, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

I. Summary
II. Rescission of the 2013 Administrative Review, in Part
III. Subsidies Valuation Information
    A. Allocation Period
    B. Attribution of Subsidies
    C. Benchmark Interest Rates
IV. Analysis of Programs
    A. Programs Determined To Be Countervailable
    1. Deduction from Taxable Income for Export Revenue
    2. Short-Term Pre-Shipment Rediscount Program
    3. Investment Encouragement Program (IEP): Customs Duty 
Exemptions
    4. Provision of HRS for Less Than Adequate Remuneration (LTAR)
    B. Programs Determined Not To Confer Countervailable Benefits
    1. Inward Processing Certificate Exemption
    C. Programs Determined Not to Be Used
V. Non-Selected Rate
VI. Analysis of Comments
    Comment 1: Whether the Department Erred by Finding That Prices 
of HRS in Turkey Are Significantly Distorted
    Comment 2: Calculating the Share of HRS Accounted for by Erdemir 
and Isdemir
    Comment 3: Data Sources Used in the Calculation of the Tier-Two 
Benchmark Price
    Comment 4: Calculating the Tier-Two Benchmark Price Concerning 
Import Duties and VAT
    Comment 5: Calculating the Tier-Two Benchmark Price Concerning 
Freight
    Comment 6: Whether the Method the Department Used To Weight 
Average the Tier-Two Benchmark Is Flawed
    Comment 7: Whether Erdemir and Isdemir Are Public Bodies
    Comment 8: The Department's Specificity Determination
    Comment 9: Whether the Department Erred in Not Selecting the 
Toscelik Companies as a Mandatory Respondent
VII. Recommendation

[FR Doc. 2015-25989 Filed 10-9-15; 8:45 am]
BILLING CODE 3510-DS-P