[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)]
[Notices]
[Pages 76674-76676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31188]


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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 and Final 
Determination of No Shipments; 2013-2014

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

SUMMARY: On June 5, 2015, 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, 2013 through April 30, 2014. The review covers the 
following producers/exporters of the subject merchandise: Borusan 
Istikbal Ticaret T.A.S. and Borusan Mannesmann Boru Sanayi ve Ticaret 
A.S. (collectively, Borusan); \2\ Toscelik Profil ve Sac Endustrisi 
A.S. and Tosyali Dis Ticaret A.S. (collectively, Toscelik); \3\ and 
ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan). 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 one of the companies 
covered by this review had no shipments of subject merchandise during 
the POR.
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    \1\ See Welded Carbon Steel Standard Pipe and Tube Products From 
Turkey: Preliminary Results of Antidumping Duty Administrative 
Review; 2013-2014, 80 FR 32090 (June 5, 2015) (Preliminary Results).
    \2\ As explained in the Preliminary Results, the Department 
treats Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan 
Istikbal Ticaret T.A.S. as the same legal entity. See Preliminary 
Results, 80 FR at 32090 and n. 3.
    \3\ As explained in the Preliminary Results, the Department 
treats Toscelik Profil ve Sac Endustrisi A.S. and Tosyali Dis 
Ticaret A.S. as the same legal entity. Id.

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DATES: Effective date: December 10, 2015.

FOR FURTHER INFORMATION CONTACT: Fred Baker, Deborah Scott, 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) 482-2924, (202) 482-2657, and (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 5, 2015, the Department published the Preliminary Results 
of this review in the Federal Register. We invited parties to comment 
on the Preliminary Results. On July 26, 2015, we received a case brief 
from Toscelik. On July 27, 2015, we received case briefs from Allied 
Tube & Conduit and TMK IPSCO (petitioner) and from Borusan. On August 
10, 2015, we received rebuttal briefs from petitioner, Borusan, and 
Toscelik. The Department conducted this review in accordance with 
section 751(a)(2) 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 7306.30.1000, 7306.30.5025, 7306.30.5032, 
7306.30.5040, 7306.30.5055, 7306.30.5085, and 7306.30.5090 of the 
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS 
subheadings are provided for convenience and customs purposes only. The 
written description is dispositive.\4\
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    \4\ A full written description of the scope of the order is 
contained in the memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, ``Issues and 
Decision Memorandum for the Final Results of the Antidumping Duty 
Administrative Review: Welded Carbon Steel Standard Pipe and Tube 
Products from Turkey; 2013-2014,'' (Issues and Decision Memorandum), 
dated concurrently with this notice and which is incorporated herein 
by reference.
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Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined 
that Erbosan had no shipments during the POR.\5\ Following publication 
of the Preliminary Results, we received no comments from interested 
parties regarding this company. As a consequence, and because the 
record contains no evidence to the contrary, we continue to find that 
Erbosan made no

[[Page 76675]]

shipments during the POR. Accordingly, consistent with the Department's 
practice, we intend to instruct U.S. Customs and Border Protection 
(CBP) to liquidate any existing entries of merchandise produced by 
Erbosan, but exported by other parties without their own rate, at the 
all-others rate.\6\
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    \5\ See Preliminary Results, 80 FR at 32091 and the accompanying 
preliminary decision memorandum at 3-4.
    \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 the Comments Received

    All issues raised in the case and rebuttal briefs submitted in this 
review are addressed in the Issues and Decision Memorandum, which is 
hereby adopted with this notice. A list of the issues raised is 
attached as an appendix to this notice. 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 it is available to all 
parties in the Central Records Unit, Room B8024 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/index.html. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the Preliminary Results. For a discussion of these changes, 
see 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, 2013 
through April 30, 2014:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
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Borusan Mannesmann Boru Sanayi ve Ticaret A.S.\7\...........        3.16
Toscelik Profil ve Sac Endustrisi A.S.\8\...................        0.00
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Disclosure

    We intend to disclose the calculations performed for these final 
results of review within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
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    \7\ Also includes Borusan Istikbal Ticaret T.A.S. See footnote 
3.
    \8\ Also includes Tosyali Dis Ticaret A.S. See footnote 2.
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Assessment

    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).
    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 Toscelik, we will instruct CBP to liquidate its entries during 
the POR imported by the importers identified in its questionnaire 
responses without regard to antidumping duties because its weighted-
average dumping margin in these final results is zero.\9\ Consistent 
with the Department's assessment practice, for entries of subject 
merchandise during the POR produced by Borusan, Erbosan, or Toscelik 
for which they did not know that the merchandise was destined for the 
United States, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\10\
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    \9\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8103, 8103 (February 14, 
2012).
    \10\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

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) of the 
Act: (1) The cash deposit rates for Borusan and Toscelik 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, the cash deposit rate will 
continue to be the company-specific rate published for the most 
recently completed segment of this proceeding in which the company was 
reviewed; (3) if the exporter is not a firm covered in this review, a 
previous review, or the original less-than-fair-value (LTFV) 
investigation, but the manufacturer is, 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.\11\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \11\ 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 serves as a final 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.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply

[[Page 76676]]

with the regulations and terms of an APO is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 2, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues

General Comments

1. Duty Drawback
2. Duty Drawback and Treatment of the Resource Utilization Support 
Fund
3. Deducting Certain Expenses from the Duty Drawback Calculation
4. Making a Duty Drawback Adjustment to Normal Value and/or Capping 
the U.S. Duty Drawback Adjustment
5. Treatment of Duty Drawback in the Cash Deposit Rate and 
Assessment Rate
6. Other Arguments Related to Duty Drawback
7. Differential Pricing Analysis Should Not Be Used Because the 
Cohen's d Test Does Not Measure Targeted or Masked Dumping
8. Differential Pricing Analysis Reasoning for Use of Average-to-
Transaction Comparison Methodology is Arbitrary and Unlawful

Company-Specific Comments

Borusan

9. Duty Drawback and Treatment of the Yield Loss Factor
10. Home Market Sales of Overruns and the Ordinary Course of Trade
11. Domestic Inland Freight Expenses
12. International Freight Expenses

Toscelik

13. Billing Adjustments
14. Duty Drawback
15. Duty Drawback Adjustment to Cost
16. Toscelik's Net Financial Expense
    Recommendation

[FR Doc. 2015-31188 Filed 12-9-15; 8:45 am]
 BILLING CODE 3510-DS-P