[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Pages 49179-49181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23020]


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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; 2015-2016

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

SUMMARY: On June 6, 2017, 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, 2015 through April 30, 2016. The review covers the following 
producers/exporters of the subject merchandise: Borusan Istikbal 
Ticaret T.A.S. (Borusan Istikbal) and Borusan Mannesmann Boru Sanayi ve 
Ticaret A.S. (Borusan Mannesmann) (collectively, Borusan); Toscelik 
Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., and Toscelik 
Metal Ticaret A.S. (Toscelik Metal) (collectively, Toscelik); Borusan 
Birlesik Boru Fabrikalari San ve Tic (Borusan Birlesik); Borusan Gemlik 
Boru Tesisleri A.S. (Borusan Gemlik); Borusan Ihracat Ithalat ve 
Dagitim A.S. (Borusan Ihracat); Borusan Ithicat ve Dagitim A.S. 
(Borusan Ithicat); Tubeco Pipe and Steel Corporation (Tubeco); Erbosan 
Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan); and Yucel Boru ve Profil 
Endustrisi A.S., Yucelboru Ihracat Ithalat ve Pazarlama A.S., and 
Cayirova Boru Sanayi ve Ticaret A.S. (collectively, the Yucel Group). 
Based on our analysis of the comments received, we have made certain 
changes in the margin calculations. 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, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, 
Borusan Ithicat, and Tubeco had no reviewable shipments of subject 
merchandise during the POR.

DATES: Effective October 24, 2017.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Chelsey Simonovich, 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) 482-2924 or (202) 
482-1979, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 6, 2017, the Department published the Preliminary Results 
of this review in the Federal Register.\1\ We invited parties to 
comment on the Preliminary Results. On July 20, 2017, we received a 
case brief from petitioner Wheatland Tube Company (Wheatland Tube). On 
July 28, 2017, we received a rebuttal brief from Borusan.\2\ The 
Department conducted this review in accordance with section 751(a)(2) 
of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Welded Carbon Steel Standard Pipe and Tube Products from 
Turkey: Preliminary Results of Antidumping Duty Administrative 
Review, and Partial Rescission of Review; 2015-2016, 82 FR 26053 
(June 6, 2017) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ As explained in the Preliminary Results, the Department 
treated Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan 
Istikbal Ticaret T.A.S. as a single entity in this administrative 
review. See Preliminary Decision Memorandum, at 1 n.1.
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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

[[Page 49180]]

only. The written description is dispositive.\3\
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    \3\ A full written description of the scope of the order is 
contained in the memorandum to Gary Taverman, ``Issues and Decision 
Memorandum for the Final Results of the Antidumping Duty 
Administrative Review: Welded Carbon Steel Standard Pipe and Tube 
Products from Turkey; 2015-2016,'' (IDM), dated concurrently with 
this notice and incorporated herein by reference.
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Final Determination of No Shipments

    In the Preliminary Results, the Department determined that Erbosan, 
Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and 
Tubeco had no shipments during the POR.\4\ 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, Borusan 
Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and Tubeco 
made no shipments during the POR. Accordingly, consistent with the 
Department's practice, we intend to instruct U.S. Customs and Border 
Protection (CBP) to liquidate any existing entries of merchandise 
produced by Erbosan, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, 
Borusan Ithicat, and Tubeco, but exported by other parties without 
their own rate, at the all-others rate.\5\
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    \4\ See Preliminary Results, 82 FR at 26054, and accompanying 
Preliminary Decision Memorandum, at 3-4.
    \5\ 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).
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    Further, while Borusan Istikbal submitted a no-shipment 
certification, we continue to treat it as a single entity with Borusan 
Mannesmann, as there is no record evidence that warrants altering this 
treatment. Because we continue to find that Borusan had shipments 
during this POR, we do not make a final determination of no shipments 
with respect to Borusan Istikbal.\6\
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    \6\ See Preliminary Decision Memorandum, at 4.
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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 a full discussion of these 
changes, see Issues and Decision Memorandum.

Final 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 Borusan 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 the 1.55 percent weighted-
average dumping margin calculated for Borusan.

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, 2015 
through April 30, 2016:

------------------------------------------------------------------------
                                                       Weighted-average
                Producer or exporter                    dumping margin
                                                           (percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S./                     1.55
 Borusan Istikbal Ticaret T.A.S.....................
Toscelik Profil ve Sac Endustrisi A.S./Tosyali Dis                  0.00
 Ticaret A.S./Toscelik Metal Ticaret A.S.\7\........
Yucel Boru ve Profil Endustrisi A.S.................                1.55
Yucelboru Ihracat Ithalat ve Pazarlama A.S..........                1.55
Cayirova Boru Sanayi ve Ticaret A.S.................                1.55
------------------------------------------------------------------------

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).
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    \7\ In prior segments of this proceeding, we treated Toscelik 
Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., and 
Toscelik Metal as a single entity. See, e.g., Welded Carbon Steel 
Standard Pipe and Tube Products from Turkey: Final Results of 
Antidumping Duty Administrative Review; 2012-2013, 79 FR 71087, 
71088 n.8 (December 1, 2014). However, in a prior review, we found 
that Toscelik Metal has ceased to exist. Id. There is no record 
evidence that warrants altering this treatment. Therefore, for these 
final results, we are treating Toscelik and Tosyali as a single 
entity, and continue to find that Toscelik Metal no longer exists.
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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)(1).
    For Borusan, 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

[[Page 49181]]

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 Toscelik, 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.\8\
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    \8\ 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).
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    For companies that were not selected for individual examination, we 
will instruct CBP to liquidate unreviewed entries based on the 
methodology described in the ``Final Rates for Non-Examined Companies'' 
section, above.
    Consistent with the Department's assessment practice, for entries 
of subject merchandise during the POR produced by any company upon 
which we initiated an administrative review, 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.\9\
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    \9\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    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)(C) 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 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.\10\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \10\ See Antidumping Duty Order; Welded Carbon Steel Standard 
Pipe and Tube Products from Turkey, 51 FR 17784 (May 15, 1986).
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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 presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.\11\
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    \11\ See 19 CFR 351.402(f)(3).
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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 and 19 CFR 351.213(h) and 
351.221(b)(5) of the Department's regulations.

    Dated: October 18, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
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

Toscelik

1. Toscelik's U.S. Sale that is Outside the Period of Review

Borusan

2. Reallocation of Zinc Costs
3. ``Match Production'' Language in the SAS Program
4. Home Market Sales Intended for Export
5. Sample Sales in the Home Market Database
6. Ministerial Error
7. Distortions Caused by Currency Issues
Recommendation

[FR Doc. 2017-23020 Filed 10-23-17; 8:45 am]
 BILLING CODE 3510-DS-P