[Federal Register Volume 75, Number 191 (Monday, October 4, 2010)]
[Notices]
[Pages 61127-61128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24831]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-815]


Light-Walled Rectangular Pipe and Tube from Turkey; Notice of 
Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 15, 2010, the Department of Commerce (the Department) 
published in the Federal Register the preliminary results of the 
administrative review of the antidumping duty order on Light-Walled 
Rectangular Pipe and Tube from Turkey. See Light-Walled Rectangular 
Pipe and Tube from Turkey; Notice of Preliminary Results of Antidumping 
Duty Administrative Review, 75 FR 33779 (June 15, 2010) (Preliminary 
Results). We gave interested parties an opportunity to comment on the 
Preliminary Results, but and received noneno comments.

EFFECTIVE DATE: October 4, 2010.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, or Robert James, AD/
CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-1121 
or (202) 482-0649, respectively

SUPPLEMENTARY INFORMATION:

Background

    On June 15, 2010, the Department published the preliminary results 
of administrative review of the antidumping duty order covering light-
walled rectangular pipe and tube from Turkey. See Preliminary Results. 
The parties subject to this review are Tos[ccedil]elik Profil ve Sac 
Endustrisi A.S. and Tosyali Dis Ticaret A.S. (collectively, 
Tos[ccedil]elik). The petitioners in this proceeding are Atlas Tube, 
Inc. and Searing Industries, Inc. (collectively, Petitioners).
    In the Preliminary Results, the Department stated that interested 
parties were to submit case briefs within 30 days of publication of the 
Preliminary Results and rebuttal briefs within five days after the due 
date for filing case briefs. See Preliminary Results at 33782. No 
interested party submitted a case or rebuttal brief. On July 29, 2010, 
we released the verification report for the sales verification of 
Tos[ccedil]elik. See Memorandum from Tyler Weinhold and Mark Flessner 
to the file, ``Verification of Sections A-C Questionnaire Responses 
submitted by Toscelik Profil ve Sac End. A.S. (Toscelik Profil) and its 
affiliated exporter Tosyali Dis Ticaret San. A.S. (Tosyali Dis Ticaret) 
(collectively Toscelik) in the Antidumping Duty Administrative Review 
of Light-Walled Rectangular Pipe and Tube From Turkey'' (Verification 
Report). No interested party submitted comments on the report. We made 
no changes for the final results.

[[Page 61128]]

Period of Review

    The period of review (POR) is January 30, 2008, through April 30, 
2009.

Scope of the Order

    The merchandise subject to this 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 mm. The 
term carbon-quality steel includes both carbon steel and alloy steel 
which contains only small amounts of alloying elements. Specifically, 
the term carbon-quality includes products in which none of the elements 
listed below exceeds the quantity by weight respectively indicated: 
1.80 percent of manganese, or 2.25 percent of silicon, or 1.00 percent 
of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 
0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of 
nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or 
0.10 percent of niobium, or 0.15 percent vanadium, or 0.15 percent of 
zirconium. The description of carbon-quality is intended to identify 
carbon-quality products within the scope. The welded carbon-quality 
rectangular pipe and tube subject to this order is currently classified 
under the Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings 7306.61.50.00 and 7306.61.70.60. While HTSUS subheadings 
are provided for convenience and CBP's customs purposes, our written 
description of the scope of the order is dispositive.

Final Results of Review

    The Department has determined that the following margins exist for 
the period January 30, 2008, through April 30, 2009:

------------------------------------------------------------------------
                                                       Weighted Average
                    Manufacturer                            Margin
                                                         (percentage)
------------------------------------------------------------------------
Tos[ccedil]elik Profil Ve Sac Endustrisi A.S........               0.00%
------------------------------------------------------------------------

Assessment Rates

    Pursuant to these final results, the Department has determined, and 
CBP shall assess, antidumping duties on all appropriate entries. The 
Department intends to issue assessment instructions for Toscelik to CBP 
15 days after the date of publication of these final results. Pursuant 
to 19 CFR 351.212(b)(1), we calculated importer-specific (or customer-
specific) ad valorem duty assessment rates based on the ratio of the 
total amount of the dumping margins calculated for the examined sales 
to the total entered value of those same sales. We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review if any importer-specific (or customer-specific) assessment rate 
calculated in the final results of this review are above de minimis.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment 
of Antidumping Duties). This clarification will apply to entries of 
subject merchandise during the POR produced by Tos[ccedil]elik for 
which Tos[ccedil]elik did not know the merchandise was destined for the 
United States. In such instances, we will instruct CBP to liquidate un-
reviewed entries at the 27.04 percent all-others rate from the LTFV 
investigation if there is no company-specific rate for an intermediary 
involved in the transaction. See Notice of Antidumping Duty Order: 
Light-Walled Rectangular Pipe and Tube From Turkey, 73 FR 31065 (May 
30, 2008). See Assessment of Antidumping Duties for a full discussion 
of this clarification.

Cash Deposit Requirements

    Furthermore, the following deposit requirements will be effective 
upon publication of these final results for all shipments of light-
walled rectangular pipe and tube from Turkey 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)(1) of the Tariff Act: 1) the cash deposit rate for Toscelik 
Profil Ve Sac Endustrisi A.S. will be the rate established in the final 
results of review; 2) if the exporter is not a firm covered in this 
review or the less-than-fair-value (LTFV) investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and 3) 
if neither the exporter nor the manufacturer is a firm covered in this 
or any previous review conducted by the Department, the cash deposit 
rate will be the all-others rate from the LTFV investigation. Id. These 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Reimbursement of Duties

    This notice also serves as a final 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 POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/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 violation which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Tariff Act.

    Dated: September 27, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-24831 Filed 10-1-10; 8:45 am]
BILLING CODE 3510-DS-S