[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Notices]
[Pages 18809-18811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08123]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-502]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the countervailing duty (CVD) order on 
circular welded carbon steel pipes and tubesfrom Turkey for the period 
of review (POR) of January 1, 2013, through December 31, 2013. The 
review covers one producer/exporter of subject merchandise that the 
Department selected for individual examination: the Borusan Group, 
Borusan Holding, A.S. (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). Additionally, this 
review covers three firms that were not individually examined: Toscelik 
Profil ve Sac Endustrisi A.S. (Toscelik Profil), Toscelik Metal Ticaret 
AS., and Tosyali Dis Ticaret AS. (Tosyali) (collectively, the Toscelik 
Companies),\1\ 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). We preliminarily determine that the 
Borusan Companies received countervailable subsidies during the POR. 
For purposes of these preliminary results, we assigned the Toscelik 
Companies, Umran and Guven, the non-selected respondents, the same net 
subsidy rate calculated for the Borusan Companies. Additionally, we 
preliminarily determine to rescind the administrative reviews on 
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 Erbosan) 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).\2\
---------------------------------------------------------------------------

    \1\ See Turkey Pipe 2012 Preliminary Results and accompanied 
Preliminary Issues and Decision Memorandum at 5 unchanged in Turkey 
Pipe 2012 Final Results and accompanying Issues and Decision 
Memorandum at 2, in which we found the Toscelik Companies to be 
cross-owned entities.
    \2\ See Circular Welded Carbon Steel Pipes and Tubes From 
Turkey: Final Results of Countervailing Duty Administrative Review; 
Calendar Year 2011, 78 FR 64916 (October 30, 2013), in which we 
found the Erbosan Companies to be cross-owned; see also Certain 
Welded Carbon Steel Pipes and Tubes and Welded Carbon Steel Line 
Pipe from Turkey; Final Results of Countervailing Duty 
Administrative Reviews, 64 FR 44496 (August 16, 1999), in which we 
found the Yucel Companies to be cross-owned.

---------------------------------------------------------------------------
DATES:  Effective Date: April 8, 2015.

FOR FURTHER INFORMATION CONTACT: John Conniff or Jolanta Lawska, 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; telephone: 202-482-1009 
and 202-482-8362, respectively.

Intent To Rescind the 2013 Administrative Review, in Part

    Erbosan and the Yucel Companies submitted letters to the Department 
on May 5, 2014, June 27, 2014, respectively, timely certifying that 
they had no sales, shipments, or entries, directly or indirectly, of 
subject merchandise to the United States during the POR.\3\ Petitioners 
did not comment on Erbosan's and Yucel's claims of no sales, shipments, 
or entries. On May 19 and July 14, 2014, we transmitted ``No-Shipment 
Inquiries'' to U.S. Customs and Border Protection (CBP) regarding these 
companies. We did not receive any information from CBP contrary to 
Erbosan's and Yucel's claims of no sales, shipments, or entries of 
subject merchandise to the United States during the POR. Accordingly, 
based on the record evidence, we preliminarily determine that Erbosan 
and Yucel, did not ship subject merchandise to the United States during 
the POR. Therefore, in accordance with 19 CFR 351.213(d)(3), and 
consistent with our practice,\4\ we preliminarily determine to rescind 
the review for Erbosan and Yucel.
---------------------------------------------------------------------------

    \3\ See the Erbosan Companies' May 5, 2014, submission; see also 
the Yucel Companies June 27, 2014, submission.
    \4\ 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).
---------------------------------------------------------------------------

Scope of the 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 provided for under the Harmonized Tariff 
Schedule of the United States (HTSUS) as item numbers 7306.30.10,

[[Page 18810]]

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 Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we preliminarily 
determine that there is a subsidy, i.e., a government financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\5\ For a full description of the methodology 
underlying our conclusions, see the accompanying Decision Memorandum 
for Preliminary Results of Countervailing Duty (CVD) Administrative 
Review: Circular Welded Carbon Steel Pipes and Tubes Products from 
Turkey (Preliminary Decision Memorandum) from Gary Taverman, Associate 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, dated concurrently with these results and hereby adopted by 
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).\6\ ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit (CRU), Room 7046 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
on the Internet at http://enforcement.trade.gov/frn/. The signed 
Preliminary Decision Memorandum and the electronic versions of the 
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \5\ 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.
    \6\ On November 24, 2014, Enforcement and Compliance changed the 
name of the Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (IA ACCESS) to AD and CVD Centralized 
Electronic Service System (ACCESS). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The final rule changing the references in the Department's 
regulations can be found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------

Preliminary Results of Review

    The Department determined that the following preliminary net 
subsidy rates exist for the period January 1, 2013, through December 
31, 2013:

------------------------------------------------------------------------
                Company                    Net subsidy rate  (percent)
------------------------------------------------------------------------
Borusan Group, Borusan Holding, A.S.    4.18 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     4.18 ad valorem.
 known as Umran Steel Pipe Inc.)
 (Umran).
Guven Steel Pipe (also known as Guven   4.18 ad valorem.
 Celik Born San. Ve Tic. Ltd.) (Guven).
Toscelik Profil ve Sac Endustrisi A.S.  4.18 ad valorem.
 (Toscelik Profil), Toscelik Metal
 Ticaret AS., and Tosyali Dis Ticaret
 AS. (Tosyali) (collectively, the
 Toscelik Companies).
------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, CVDs on all 
appropriate entries covered by this review. We intend to issue 
instructions to CBP 15 days after publication of the final results of 
this review.

Cash Deposit Rates

    The Department also intends to instruct CBP to collect cash 
deposits of estimated CVDs in the amounts indicated for each of the 
four companies listed above with regard to 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 other non-reviewed firms, we will instruct CBP to collect cash 
deposits of estimated CVDs 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.

Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\7\ 
Interested parties may submit written comments (case briefs) within 30 
days of publication of the preliminary results and rebuttal comments 
(rebuttal briefs) within five days after the time limit for filing case 
briefs.\8\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to issues raised in the case briefs. Parties who submit 
arguments are requested to submit with the argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\9\ All briefs must be filed electronically using ACCESS.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \9\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
---------------------------------------------------------------------------

    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 using 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's electronic records system, ACCESS, 
by 5 p.m. Eastern Time within 30 days after the date of publication of 
this notice.\10\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, we will inform 
parties of the scheduled date for the hearing which will be held at the 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, at a time and location to be determined.\11\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, the Department intends to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
issuance of these preliminary results.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.


[[Page 18811]]


    Dated: March 31, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

I. Summary
II. Background
III. Intent to Rescind the 2013 Administrative Review, in Part
IV. Scope of the Order
V. Subsidies Valuation Information
    A. Allocation Period
    B. Attribution of Subsidies
    C. Benchmark Interest Rates
VI. Non-Selected Rate
VII. Analysis of Programs Programs Preliminarily Determined To Be 
Countervailable
    A. Deduction From Taxable Income for Export Revenue
    B. Short-Term Pre-Shipment Rediscount Program
    C. Investment Encouragement Program (IEP): Customs Duty 
Exemptions
    D. Provision of HRS for LTAR
VIII. Preliminary Determined To Not Confer Countervailable Benefits
IX. Programs Preliminarily Determined to Not Be Used
X. Recommendation

[FR Doc. 2015-08123 Filed 4-7-15; 8:45 am]
 BILLING CODE 3510-DS-P