[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26044-26046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11667]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-815]


Light-Walled Rectangular Pipe and Tube From Turkey: Preliminary 
Results of Antidumping Duty Administrative Review; 2015-2016

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on light-walled 
rectuangular pipe and tube (LWRPT) from Turkey. The period of review 
(POR) is May 1, 2015, through April 30, 2016. This administrative 
review covers nine exporters of the subject merchandise, including two 
mandatory respondents, Cinar Boru Profil Sanayi ve Ticaret A.S. (CINAR) 
and Noksel Celik Boru Sanayi A.S. (Noksel). The Department 
preliminarily determines that CINAR and Noksel made sales of subject 
merchandise at less than normal value during the POR. Interested 
parties are invited to comment on these preliminary results.

DATES: Effective June 6, 2017.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill or Patrick O'Connor, AD/
CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-3518 or (202) 
482-0989, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise covered by the antidumping order is certain welded 
carbon quality light-walled steel pipe and tube, of rectangular 
(including square) cross section, having a wall thickness of less than 
4 millimeters from Turkey. The merchandise subject to the order is 
classified in the Harmonized Tariff Schedule of the United States at 
subheadings 7306.61.50.00 and 7306.61.70.60. For a full description of 
the scope of the order, see Preliminary Decision Memorandum.\1\
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    \1\ See Memorandum from Gary Taverman, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance ``Light-Walled Rectangular Pipe and Tube from Turkey: 
Decision Memorandum for the Preliminary Results of Antidumping Duty 
Administrative Review; 2015-2016,'' dated concurrently with, and 
hereby incorporated by reference (Preliminary Decision Memorandum).
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Methodology

    The Department is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Export price 
and constructed export price are calculated in accordance with section 
772 of the Act. Normal value 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.\2\ Further, a 
list of the topics discussed in the Preliminary Decision Memoradum is 
attached as an appendix to this notice. The 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://iaaccess.trade.gov and 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 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \2\ See Preliminary Decision Memorandum.
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Preliminary Results of Review

    The Department preliminarily determines that weighted-average 
dumping margins exist for the respondents for the period May 1, 2015, 
through April 30, 2016, as follows:

------------------------------------------------------------------------
                                                             Weighted-
                  Manufacturer/exporter                   average margin
                                                             (percent)
------------------------------------------------------------------------
Cinar Boru Profil Sanayi ve Ticaret A.S.................            4.00
Noksel Celik Boru Sanayi A.S............................            5.05

[[Page 26045]]

 
Toscelik Profil ve Sac Endustrisi A.S...................            4.87
Toscelik Metal Ticaret A.S..............................            4.87
Tosyali Dis Ticaret A.S.................................            4.87
Yucel Boru ve Profil Endustrisi A.S.....................            4.87
Yucelboru Ihracat Ithalat ve Pazarlama A.S..............            4.87
Cayirova Boru Sanayi ve Ticaret A.S.....................            4.87
Agir Haddecilik A.S.....................................            4.87
------------------------------------------------------------------------

    For the rate for non-selected respondents in an administrative 
review, 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. 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} .'' With two respondents, we normally 
calculate (A) a weighted-average of the dumping margins calculated for 
the mandatory respondents; (B) a simple average of the dumping margins 
calculated for the mandatory respondents; and (C) a weighted-average of 
the dumping margins calculated for the mandatory respondents using each 
company's publicly-ranged values for the merchandise under 
consideration. We compare (B) and (C) to (A) and select the rate 
closest to (A) as the most appropriate rate for all other companies.\3\ 
Accordingly, we have applied a rate of 4.87 percent to the non-selected 
companies, as set forth in the chart above.\4\
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    \3\ See Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
    \4\ See Memorandum from Jonathan Hill, International Trade 
Compliance Analyst, AD/CVD Operations, Office IV, Enforcement and 
Compliance to the File, ``Calculation of the Rate for Non-Selected 
Respondents,'' dated May 31, 2017.
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Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries. The Department intends to issue assessment instructions to CBP 
15 days after the date of publication of the final results of this 
review.
    For any individually examined respondents whose weighted-average 
dumping margin is above de minimis (i.e., 0.50 percent), we will 
calculate importer-specific ad valorem duty assessment rates based on 
the ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1).\5\ For entries of subject 
merchandise during the POR produced by each respondent for which it did 
not know its 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 involved in the 
transaction.\6\ We will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review 
is above de minimis. Where either the 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.
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    \5\ In these preliminary results, the Department applied the 
assessment rate calculation methodology adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \6\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of LWRPT from Turkey entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies 
under review 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, no cash deposit will be required); (2) for 
merchandise exported by manufacturers or exporters not covered in this 
review but 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 the 
manufacturer or exporter participated; (3) if the exporter is not a 
firm covered in this review, a prior review, or the less-than-fair-
value investigation, but the manufacturer is, the cash deposit rate 
will be the rate established for the most recently completed segment of 
the proceeding for the manufacturer of the merchandise; and (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 27.04 percent ad valorem, the all-others rate 
established in the less-than-fair-value investigation.\7\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \7\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Light-Walled Rectangular Pipe and Tube from Turkey, 73 FR 
19814 (April 11, 2008).
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Disclosure and Public Comment

    The Department intends to disclose the calculations used in our 
analysis to interested parties in this review within five days of the 
date of publication of this notice in accordance with 19 CFR 
351.224(b). Interested parties are invited to comment on the 
preliminary results of this review. Pursuant to 19 CFR 
351.309(c)(1)(ii), interested parties may submit case briefs no later 
than 30 days after the date of publication of this notice. Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than five days after the time limit for filing case briefs.\8\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
are requested to submit with each brief: (1) A statement of the issue, 
(2) a brief summary of the argument, and (3) a table of authorities.\9\ 
Executive summaries should be limited to five pages total, including 
footnotes.\10\ Case and rebuttal briefs should be filed using 
ACCESS.\11\
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    \8\ See 19 CFR 351.309(d)(1).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ Id.
    \11\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of the publication of this notice in the Federal 
Register. If a hearing is requested, the Department will notify 
interested parties of the hearing schedule. 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. Requests

[[Page 26046]]

should contain: (1) The party's name, address, and telephone number; 
(2) the number of participants; and (3) a list of the issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case and rebuttal briefs.
    We intend to issue the final results of this administrative review, 
including the results of our analysis of issues raised by the parties 
in the written comments, within 120 days of publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\12\
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    \12\ See section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).
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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) 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These preliminary results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act and 19 CFR 351.213(h)(1).

    Dated: May 31, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Selection of Respondents
V. Preliminary Determination of No Shipments
VI. Affiliation
VII. Respondents Not Selected for Individual Examination
VIII. Allegation of Duty Evasion
IX. Use of Partial Adverse Facts Available
X. Discussion of the Methodology
    a. Comparison to Normal Value
    i. Determination of a Comaparison Methodology
    ii. Results of Differential Pricing
    b. Product Comparisons
    c. Date of Sale
    d. Export Price
    e. Duty Drawback
    f. Normal Value
    i. Home Market Viability
    ii. Affiliated-Party Transactions and Arm's Length Test
    iii. Level of Trade
    g. Cost of Production Analysis
    i. Calculation of Cost of Production
    ii. Test of Comparison Market Prices
    iii. Results of Cost of Production Test
    h. Calculation of a Normal Value on Comparison-Market Prices
    i. Currency Conversion
XI. Conclusion

[FR Doc. 2017-11667 Filed 6-5-17; 8:45 am]
 BILLING CODE 3510-DS-P