[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92785-92787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30541]


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

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; 2014-2015

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

SUMMARY: On June 13, 2016, 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. The period of review (POR) 
is May 1, 2014 through April 30, 2015. 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 continue to find that Erbosan and Yucel Group had 
no reviewable shipments of subject merchandise during the POR.

DATES: Effective December 20, 2016.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Scott Hoefke, AD/
CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-4475 or (202) 
482-4947, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 13, 2016, the Department published the Preliminary Results 
of this review in the Federal Register.\1\ For the events following the 
Preliminary Results, see (insert cite to memo.) The Department 
conducted this review in accordance with section 751(a)(2) of the 
Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Welded Carbon Steel Standard Pipe and Tube Products from 
Turkey: Preliminary Results of Antidumping Duty Administrative 
Review, and Partial Rescission of Review; 2014-2015, 81 FR 38131 
(June 13, 2015) (Preliminary Results) and the accompanying 
Memorandum 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; 2014-2015 Administrative 
Review,'' dated June 6, 2016 (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

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.\2\
---------------------------------------------------------------------------

    \2\ A full written description of the scope of the order is 
contained in the memorandum 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; 2014-2015,'' (Issues and 
Decision Memorandum), dated concurrently with this notice and 
incorporated herein by reference.
---------------------------------------------------------------------------

Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined 
that Erbosan and Yucel Group had no shipments during the POR.\3\ 
Following publication of the Preliminary Results, we received no 
comments from interested parties regarding these companies. As a 
result, and because the record contains no evidence to the contrary, we 
continue to find that Erbosan and Yucel Group made no shipments during 
the POR. Accordingly, consistent with the Department's practice, we 
will instruct U.S. Customs and Border Protection (CBP) to liquidate any 
existing entries of merchandise produced by Erbosan and Yucel Group, 
but exported by other parties without their own rate, at the all-others 
rate.\4\
---------------------------------------------------------------------------

    \3\ See Preliminary Results, 81 FR at 38132, and accompanying 
Preliminary Decision Memorandum, at 3-4.
    \10\ 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).

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

[[Page 92786]]

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 and 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 Toscelik, we adjusted its duty 
drawback adjustment, its indirect selling expense ratio, and its net 
financial expense ratio. For Borusan, we excluded its overrun and 
further processed sales, and adjusted its duty drawback adjustment, its 
indirect selling expenses, and its movement expenses. For a full 
discussion of these changes, see Issues and Decision Memorandum.

Rates for Non-Examined Companies

    The statute and the Department's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when the Department limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, the Department looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual review in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of 
the estimated weighted average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    In this review, we have a calculated a weighted-average dumping 
margin for Toscelik that is not zero, de minimis, or determined 
entirely on the basis of facts available. Accordingly, the Department 
assigns to the companies not individually examined (Borusan Birlesik, 
Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and Tubeco) the 1.91 
percent weighted-average dumping margin calculated for Toscelik.

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, 2014 
through April 30, 2015:
---------------------------------------------------------------------------

    \5\ Also includes Borusan Istikbal Ticaret T.A.S. See footnote 
3.
    \6\ Also includes Tosyali Dis Ticaret A.S. See footnote 4.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.\5\.......            0.00
Toscelik Profil ve Sac Endustrisi A.S.\6\...............            1.91
Borusan Birlesik Boru Fabrikalari San ve Tic............            1.91
Borusan Gemlik Boru Tesisleri A.S.......................            1.91
Borusan Ihracat Ithalat ve Dagitim A.S..................            1.91
Borusan Ithicat ve Dagitim A.S..........................            1.91
Tubeco Pipe and Steel Corporation.......................            1.91
------------------------------------------------------------------------

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).

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 Toscelik, 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 Borusan, 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.\7\ Consistent 
with the Department's assessment practice, for entries of subject 
merchandise during the POR produced by Borusan, Erbosan, Yucel Group, 
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.\8\
---------------------------------------------------------------------------

    \7\ 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).
    \8\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the methodology described in 
the ``Rate for Non-Examined Companies'' section, above. 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 will be equal to the weighted-average 
dumping margins established in the final results of this review; (2) 
for previously reviewed or

[[Page 92787]]

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.\9\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \9\ See Antidumping Duty Order; Welded Carbon Steel Standard 
Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986).
---------------------------------------------------------------------------

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 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 12, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
General Comments
    1. Non-Prime Merchandise Sales
    2. Duty Drawback
Borusan-Specific Comments
    3. Overruns
    4. U.S. Movement Expenses
    5. Certain Brokerage Expenses
    6. Further Processed Sales
Toscelik-Specific Comments
    7. Weight Basis for Comparison Methodology
    8. INTEX Ratio
    9. Indirect Selling Expense Ratio
    10. Warehousing Expenses
Recommendation

[FR Doc. 2016-30541 Filed 12-19-16; 8:45 am]
BILLING CODE 3510-DS-P