[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Notices]
[Pages 62874-62875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22000]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-825]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
the Republic of Turkey: Amended Final Affirmative Countervailing Duty 
Determination and Countervailing Duty Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing a countervailing duty order on heavy walled 
rectangular welded carbon steel pipes and tubes (HWR pipes and tubes) 
from the Republic of Turkey (Turkey). Also, as explained in this 
notice, the Department is amending its final affirmative determination 
with respect to HWR pipes and tubes from Turkey to correct the rate 
assigned to MMZ Onur Boru Profil Uretim San Ve Tic. A.S. (MMZ) and the 
``All-Others'' rate.

DATES: Effective September 13, 2016.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Aqmar Rahman, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone (202) 482-1766 or (202) 482-0768, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 21, 2016, the Department published its final determination 
in the countervailing duty investigation of HWR pipes and tubes from 
Turkey.\1\
---------------------------------------------------------------------------

    \1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Turkey: Final Affirmative Countervailing 
Duty Determination, 81 FR 47349 (July 21, 2016) (Final 
Determination).
---------------------------------------------------------------------------

    On July 21, 2016, and July 25, 2016, the Department received timely 
allegations from respondents Ozdemir Boru Profil San ve Tic. Ltd. Sti. 
(Ozdemir), MMZ, and the Government of Turkey, that the Department made 
ministerial errors in the final determination.\2\ The Department 
analyzed the allegations and determined that there was a ministerial 
error as alleged by MMZ, within the meaning of section 705(e) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.224(f).\3\ See 
``Amendment to the Final Determination'' section below for further 
discussion.
---------------------------------------------------------------------------

    \2\ See Letter from Ozdemir, entitled ``Heavy Walled Rectangular 
Welded Carbon Steel Pipes and Tubes from the Republic of Turkey; 
Request for correction of ministerial error,'' dated July 21, 2016; 
Letter from MMZ, entitled ``Heavy Walled Rectangular Welded Carbon 
Steel Pipes and Tubes from the Republic of Turkey: Ministerial Error 
Comments,'' dated July 25, 2016; and Letter from the Government of 
Turkey, entitled ``Request of the Government of Turkey for 
Correction of Ministerial Errors on Final Determination in CVD 
Investigation on Imports of Heavy Walled Rectangular Welded Carbon 
Steel Pipes and Tubes from Turkey,'' dated July 25, 2016.
    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Countervailing Duty Investigation of Heavy Walled Rectangular 
Welded Carbon Steel Pipes and Tubes from the Republic of Turkey: 
Ministerial Error Allegations in the Final Determination,'' dated 
August 19, 2016 (Ministerial Error Memorandum). The Ministerial 
Error 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 
Department of Commerce building.
---------------------------------------------------------------------------

    On September 6, 2016, the ITC notified the Department of its final 
determination pursuant to sections 705(b)(1)(A)(i) and 705(d) of the 
Act that an industry in the United States is materially injured by 
reason of subsidized imports of HWR pipes and tubes from Turkey.\4\
---------------------------------------------------------------------------

    \4\ See ITC Notification Letter to the Deputy Assistant 
Secretary for Enforcement and Compliance, referencing ITC 
Investigation Nos. 701-TA-539 and 731-TA-1280-1282 (September 6, 
2016) (ITC Notification).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by this order are certain heavy walled 
rectangular welded steel pipes and tubes of rectangular (including 
square) cross section, having a nominal wall thickness of not less than 
4 mm. The merchandise includes, but is not limited to, the American 
Society for Testing and Materials (ASTM) A-500, grade B specifications, 
or comparable domestic or foreign specifications.
    Included products are those in which: (1) Iron predominates, by 
weight, over each of the other contained elements; (2) the carbon 
content is 2 percent or less, by weight; and (3) none of the elements 
below exceeds the quantity, by weight, respectively indicated:

     2.50 percent of manganese, or
     3.30 percent of silicon, or
     1.50 percent of copper, or
     1.50 percent of aluminum, or
     1.25 percent of chromium, or
     0.30 percent of cobalt, or
     0.40 percent of lead, or
     2.0 percent of nickel, or
     0.30 percent of tungsten, or
     0.80 percent of molybdenum, or
     0.10 percent of niobium (also called columbium), or
     0.30 percent of vanadium, or
     0.30 percent of zirconium.

    The subject merchandise is currently provided for in item 
7306.61.1000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Subject merchandise may also enter under HTSUS 7306.61.3000. 
While the HTSUS subheadings and ASTM specification are provided for 
convenience and customs purposes, the written description of the scope 
of this investigation is dispositive.

Amendment to the Final Determination

    As discussed above, after analyzing the comments received, we 
determined, in accordance with section 705(e) of the Act and 19 CFR 
351.224(e), that we made a ministerial error in certain calculations 
for the Final Determination with respect to MMZ, as alleged by MMZ.\5\ 
Accordingly, we issued amended final calculation memoranda with respect 
to the net subsidy rates for MMZ and ``All-Others'' in light of that

[[Page 62875]]

ministerial error.\6\ To correct the error, we are issuing this amended 
final CVD determination, which revises the ad valorem subsidy rates for 
MMZ and ``All-Others.'' The amended ad valorem subsidy rate for MMZ is 
9.87 percent. We are using this rate to derive an amended ad valorem 
subsidy rate of 12.58 percent for ``All-Others.'' \7\
---------------------------------------------------------------------------

    \5\ See Ministerial Error Memorandum.
    \6\ See Memorandum to Irene Darzenta Tzafolias, Program Manager, 
``Countervailing Duty Investigation of Heavy Walled Rectangular 
Welded Carbon Steel Pipes and Tubes from the Republic of Turkey: 
Amended Final Determination Subsidy Rate for MMZ Onur Boru Profil 
San Ve Tic. A.S.,'' dated August 19, 2016; see also Memorandum to 
Irene Darzenta Tzafolias, Program Manager, ``Countervailing Duty 
Investigation of Heavy Walled Rectangular Welded Carbon Steel Pipes 
and Tubes from the Republic of Turkey: Calculation of the ``All 
Others'' Rate,'' dated August 19, 2016.
    \7\ See Ministerial Error Memorandum.
---------------------------------------------------------------------------

Countervailing Duty Order

    In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, 
the ITC notified the Department of its final determination that the 
industry in the United States producing HWR pipes and tubes is 
materially injured by reason of subsidized imports of HWR pipes and 
tubes from Turkey. Therefore, in accordance with section 705(c)(2) of 
the Act, we are publishing this countervailing duty order.
    As a result of the ITC's final determination, in accordance with 
section 706(a) of the Act, the Department will direct U.S. Customs and 
Border Protection (CBP) to assess, upon further instruction by the 
Department, countervailing duties on unliquidated entries of HWR pipes 
and tubes from Turkey entered, or withdrawn from warehouse, for 
consumption on or after December 28, 2015, the date on which the 
Department published its preliminary countervailing duty determination 
in the Federal Register,\8\ and before April 26, 2016, the effective 
date on which the Department instructed CBP to discontinue the 
suspension of liquidation in accordance with section 703(d) of the Act. 
Section 703(d) of the Act states that the suspension of liquidation 
pursuant to a preliminary determination may not remain in effect for 
more than four months. Therefore, entries of HWR pipes and tubes from 
Turkey made on or after April 26, 2016, and prior to the date of 
publication of the ITC's final determination in the Federal Register 
are not liable for the assessment of countervailing duties due to the 
Department's discontinuation, effective April 26, 2016, of the 
suspension of liquidation.

Suspension of Liquidation
---------------------------------------------------------------------------

    \8\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Turkey: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final 
Determination with Final Antidumping Duty Determination, 80 FR 80749 
(December 28, 2016) (Preliminary Determination).
---------------------------------------------------------------------------

    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute the suspension of liquidation of HWR pipes 
and tubes from Turkey, effective the date of publication of the ITC's 
notice of final determinations in the Federal Register, and to assess, 
upon further instruction by the Department pursuant to section 
706(a)(1) of the Act, countervailing duties for each entry of the 
subject merchandise in an amount based on the net countervailable 
subsidy rates for the subject merchandise. On or after the date of 
publication of the ITC's final injury determinations in the Federal 
Register, CBP must require, at the same time as importers would 
normally deposit estimated duties on this merchandise, a cash deposit 
equal to the rates noted below:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Exporter/producer                        (percent)
------------------------------------------------------------------------
MMZ Onur Boru Profil Uretim San Ve Tic. A.S.............            9.87
Ozdemir Boru Profil San ve Tic. Ltd Sti.................           15.08
All-Others..............................................           12.58
------------------------------------------------------------------------

Notifications to Interested Parties

    This notice constitutes the countervailing duty order with respect 
to HWR pipes and tubes from Turkey pursuant to section 706(a) of the 
Act. Interested parties may contact the Department's Central Records 
Unit, Room B8024 of the main Commerce Building, for copies of an 
updated list of countervailing duty orders currently in effect.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: September 7, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-22000 Filed 9-12-16; 8:45 am]
 BILLING CODE 3510-DS-P