[Federal Register Volume 74, Number 93 (Friday, May 15, 2009)]
[Notices]
[Pages 22883-22885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11419]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]


Certain Welded Carbon Steel 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 February 9, 2009, the Department of Commerce (``the 
Department'') published the preliminary results of its administrative 
review of the antidumping duty order on certain welded carbon steel 
pipe and tube (``welded pipe and tube'') from Turkey.\1\ This review 
covers one producer/exporter of the subject merchandise.\2\ The period 
of review (``POR'') is May 1, 2007, through April 30, 2008. Based on 
our analysis of the comments received, these final results differ from 
the preliminary results. The final results are listed below in the 
Final Results of Review section.
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    \1\ See Certain Welded Carbon Steel Pipe and Tube from Turkey: 
Notice of Preliminary Results of Antidumping Duty Administrative 
Review, 74 FR 6368 (February 9, 2009).
    \2\ On February 17, 2009, the review was rescinded with respect 
to Toscelik Profil ve Sac Endustrisi A.S. See Certain Welded Carbon 
Steel Pipe and Tube from Turkey: Notice of Rescission, in Part, of 
Antidumping Duty Administrative Review, 74 FR 7394 (February 17, 
2009).

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EFFECTIVE DATE: May 15, 2009.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Christopher Hargett, 
AD/CVD Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5973 or (202) 482-4161, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers the Borusan Group\3\ (``Borusan''), a producer/
exporter of the subject merchandise. On February 9, 2009, the 
Department published the preliminary results of this review and invited 
interested parties to comment on those results. On March 11, 2009, we 
received a case brief from Borusan. We did not receive a rebuttal brief 
from any interested parties.
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    \3\ The Borusan Group includes Borusan Mannesmann Boru Sanayi ve 
Ticaret A.S. and Borusan Istikbal Ticaret T.A.S. and other 
affiliated companies.
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Scope of the Order

    The products covered by this order include circular welded non-
alloy steel pipes and tubes, of circular cross-section, not more than 
406.4 millimeters (16 inches) in outside diameter, regardless of wall 
thickness, surface finish (black, or galvanized, painted), or end 
finish (plain end, beveled end, threaded and coupled). Those pipes and 
tubes are generally known as standard pipe, though they may also be 
called structural or mechanical tubing in certain applications. 
Standard pipes and tubes are intended for the low pressure conveyance 
of water, steam, natural gas, air, and other liquids and gases in 
plumbing and heating systems, air conditioner units, automatic 
sprinkler systems, and other related uses. Standard pipe may also be 
used for light load-bearing and mechanical applications, such as for 
fence tubing, and for protection of electrical wiring, such as conduit 
shells.
    The scope is not limited to standard pipe and fence tubing, or 
those types of mechanical and structural pipe that are used in standard 
pipe applications. All carbon steel pipes and tubes within the

[[Page 22884]]

physical description outlined above are included in the scope of this 
order, except for line pipe, oil country tubular goods, boiler tubing, 
cold-drawn or cold-rolled mechanical tubing, pipe and tube hollows for 
redraws, finished scaffolding, and finished rigid conduit.
    Imports of these products are currently classifiable under the 
following Harmonized Tariff Schedule of the United States (``HTSUS'') 
subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this proceeding is 
dispositive.

Analysis of Comments Received

    Interested parties made only one comment which related to an 
alleged ministerial error, which we address below. A separate Issues 
and Decision Memorandum has not been prepared for these final results.
    Because the Department used the incorrect start and end dates for 
the POR, Borusan argues that the Department incorrectly dropped a large 
number of home market sales from the margin calculation. Borusan 
asserts that the Department should correct the start and end dates for 
the window periods in the margin calculation in order to match U.S. 
sales to contemporaneous sales in the home market. Citing to section 
773(b)(1)(A) of the Tariff Act of 1930, as amended (``the Act''), 
Borusan contends that the Department needs to ensure that a proper cost 
test is applied to the home market sales so as to ensure a proper 
determination of whether home market sales have been made at less than 
cost of production ``over an extended period of time.''
    We agree that the Department inadvertently used the incorrect dates 
as the start date and end date in our margin calculation. Therefore, we 
have corrected the dates to ensure that a proper cost test is applied 
to the home market sales. See Calculation Memorandum for the Borusan 
Group, from Dennis McClure to James Terpstra, dated June 9, 2009.

Fair Value Comparisons

    We calculated export price (``EP'') and normal value (``NV'') based 
on the same methodology used in the preliminary results, except as 
noted in the Analysis of Comments Received section above.

Cost of Production

    We calculated the cost of production for the merchandise based on 
the same methodology used in the preliminary results.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the period May 1, 2007, through 
April 30, 2008.

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                       Margin
------------------------------------------------------------------------
Borusan\4\..........................................        7.59 percent
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\4\ The cash deposit rate calculated for Borusan applies to The Borusan
  Group, Borusan Mannesmann Boru Sanayi ve Ticaret, A.S. and Borusan
  Istikbal Ticaret T.A.S. for CBP purposes. The Department formerly
  referred to Borusan Istikbal Ticaret T.A.S. as Istikbal Ticaret T.A.S.
  See Notice of Final Results of Antidumping Duty Administrative Review:
  Certain Welded Carbon Steel Pipe and Tube from Turkey, 70 FR 73447
  (December 12, 2005). We note that Borusan's response does not identify
  a company by the name Istikbal Ticaret T.A.S. Instead, Borusan's
  response identified their affiliate, Borusan Istikbal Ticaret T.A.S.,
  which was not involved in sales of subject merchandise to the United
  States during the POR. See Borusan's August 29, 2008, response at 33.
  Borusan also explained in its August 29, 2008, response at 5, that
  Borusan Birlesik Boru Fabrikalari San ve Tic. (``BBBF'') was renamed
  Borusan Mannesmann Boru Sanayi Ve Ticaret, A.S. prior to BBBF's name
  change.

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries, pursuant to section 751(a)(1)(B) of the Act, and 
19 CFR 351.212(b). The Department calculated importer-specific duty 
assessment rates based on the ratio of the total antidumping duties 
calculated for the examined sales to the total entered value of the 
examined sales for that importer. Where the assessment rate is above de 
minimis, we will instruct CBP to assess duties on all entries of 
subject merchandise by that importer. The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
these final results of review.
    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 Policy Notice''). This clarification will apply to 
entries of subject merchandise during the POR produced by Borusan for 
which Borusan did not know that the merchandise it sold to the 
intermediary (e.g., a reseller, trading company, or exporter) was 
destined for the United States. In such instances, we will instruct CBP 
to liquidate unreviewed entries at the all-others rate if there is no 
rate for the intermediary involved in the transaction. See Assessment 
Policy Notice for a full discussion of this clarification.

Cash Deposit Requirements

    The following antidumping duty deposit rates will be effective upon 
publication of this notice of final results of the administrative 
review for all shipments of welded pipe and tube from Turkey entered, 
or withdrawn from warehouse, for consumption on or after the date of 
the publication of these final results, as provided by section 
751(a)(1) of the Act: (1) the cash deposit rate for Borusan is 7.59 
percent; (2) for previously reviewed or investigated companies not 
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent final results in which that 
manufacturer or exporter participated; (3) if the exporter is not a 
firm covered in this review, a prior 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 recent final 
results for the manufacturer of the merchandise; and, (4) 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 14.74 percent, the all-others rate established in the LTFV 
investigation. See Antidumping Duty Order; Welded Carbon Steel Standard 
Pipe and Tube Products From Turkey, 51 FR 17784 (May 15, 1986). These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.

Reimbursement of Duties

    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 and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement may result in the Secretary's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of doubled antidumping 
and/or countervailing duties.

Administrative Protective Order

    This notice also is the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written

[[Page 22885]]

notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-11419 Filed 5-14-09; 8:45 am]
BILLING CODE 3510-DS-S