80_FR_29716 80 FR 29617 - Welded Line Pipe from the Republic of Turkey: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

80 FR 29617 - Welded Line Pipe from the Republic of Turkey: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 99 (May 22, 2015)

Page Range29617-29619
FR Document2015-12519

The Department of Commerce (Department) preliminarily determines that welded line pipe from the Republic of Turkey (Turkey) is being, or is likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is October 1, 2013, through September 30, 2014. The estimated weighted- average dumping margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 80 Issue 99 (Friday, May 22, 2015)
[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Notices]
[Pages 29617-29619]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12519]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-822]


Welded Line Pipe from the Republic of Turkey: Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination

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

SUMMARY: The Department of Commerce (Department) preliminarily 
determines that welded line pipe from the Republic of Turkey (Turkey) 
is being, or is likely to be, sold in the United States at less than 
fair value (LTFV), as provided in section 733(b) of the Tariff Act of 
1930, as amended (the Act). The period of investigation (POI) is 
October 1, 2013, through September 30, 2014. The estimated weighted-
average dumping margins of sales at LTFV are shown in the ``Preliminary 
Determination'' section of this notice. Interested parties are invited 
to comment on this preliminary determination.

DATES: Effective Date: May 22, 2015.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado or David Crespo, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4682 or (202) 482-3693, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department initiated this investigation on November 5, 2014.\1\ 
For a complete description of the events that followed the initiation 
of this investigation, see the memorandum that is dated concurrently 
with this determination and hereby adopted by this notice.\2\ 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 https://access.trade.gov, 
and to all parties in the Central Records Unit, Room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Welded Line Pipe from the Republic of Korea and the 
Republic of Turkey: Initiation of Less-Than-Fair-Value 
Investigations, 79 FR 68213 (November 14, 2014) (Initiation Notice).
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
entitled ``Decision Memorandum for the Preliminary Determination in 
the Antidumping Duty Investigation of Welded Line Pipe from the 
Republic of Turkey'' (Preliminary Decision Memorandum), dated 
concurrently with this notice.
---------------------------------------------------------------------------

Scope of the Investigation

    The scope of the investigation covers welded line pipe, which is 
carbon and alloy steel pipe of a kind used for oil and gas pipelines, 
not more than 24 inches in nominal outside diameter. For a complete 
description of the scope of the investigation, see Appendix I.

Scope Comments

    Certain interested parties commented on the scope of the 
investigation as it appeared in the Initiation Notice. For discussion 
of those comments, see the Preliminary Decision Memorandum.

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. There are two mandatory respondents 
participating in this investigation, [Ccedil]ayirova Boru Sanayi ve 
Ticaret A.S./Y[uuml]cel Boru Ithalat-Ihracat

[[Page 29618]]

ve Pazarlama A.S. (collectively, [Ccedil]ayirova) and Tos[ccedil]elik 
Profil ve Sac Endustrisi A.S./Tosyali Dis Ticaret A.S. (collectively, 
Tos[ccedil]elik). Export price for these companies is calculated in 
accordance with section 772 of the Act. Normal value (NV) is calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying our preliminary conclusions, see the 
Preliminary Decision Memorandum.
    Because mandatory respondents Borusan Mannesmann Boru Sanayi ve 
Ticaret A.S. (Borusan Mannesmann) and Borusan Istikbal Ticaret (Borusan 
Istikbal) failed to respond to the Department's questionnaire, we 
preliminarily determine to apply adverse facts available (AFA) to these 
respondents, in accordance with sections 776(a) and (b) of the Act and 
19 CFR 351.308. For further discussion, see the Preliminary Decision 
Memorandum.

All-Others Rate

    Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act, 
the Department also calculated an estimated all-others rate. Section 
735(c)(5)(A) of the Act provides that the estimated all-others rate 
shall be an amount equal to the weighted average of the estimated 
weighted-average dumping margins established for exporters and 
producers individually investigated, excluding any zero and de minimis 
margins, and any margins determined entirely under section 776 of the 
Act.
    In this investigation, we calculated weighted-average dumping 
margins for both participating mandatory respondents that are above de 
minimis and which are not based on total facts available. However, 
because there are only two relevant weighted-average dumping margins 
for this preliminary determination, using a weighted average of these 
two rates risks disclosure of business proprietary data. Therefore, we 
calculated both a weighted average of the dumping margins calculated 
for the two cooperating mandatory respondents using publicly ranged 
quantities for their sales of subject merchandise and a simple average 
of these two dumping margins, and selected, as the all-others rate, the 
average that provides a more accurate proxy for the weighted-average 
margin of both companies calculated using business proprietary 
information.\3\
---------------------------------------------------------------------------

    \3\ See Memorandum to the File from David Crespo, Senior 
Analyst, entitled, ``Welded Line Pipe from the Republic of Turkey: 
Calculation of the Preliminary Margin for All Other Companies,'' 
dated concurrently with this memorandum (All Others Calculation 
Memorandum).
---------------------------------------------------------------------------

Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                        Weighted-average
                Exporter/manufacturer                    dumping margin
                                                           (percent)
------------------------------------------------------------------------
Borusan Istikbal Ticaret.............................               9.85
Borusan Mannesmann Boru Sanayi ve Ticaret A.S........               9.85
[Ccedil]ayirova Boru Sanayi ve Ticaret A.S./                        9.71
 Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama A.S....
Tos[ccedil]elik Profil ve Sac Endustrisi A.S./Tosyali               3.11
 Dis Ticaret A.S.....................................
All Others...........................................               3.29
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we are directing 
U.S. Customs and Border Protection (CBP) to suspend liquidation of all 
entries of welded line pipe from Turkey as described in Appendix I of 
this notice, which are entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register.
    In accordance with 19 CFR 351.205(d), we will instruct CBP to 
require a cash deposit equal to the weighted-average amount by which 
the NV exceeds U.S. price, as indicated in the chart above, adjusted 
for export subsidies found in the preliminary determination of the 
companion countervailing duty investigation.\4\ Specifically, 
consistent with our longstanding practice, where the product under 
investigation is also subject to a concurrent countervailing duty 
investigation, we instruct CBP to require a cash deposit equal to the 
amount by which the NV exceeds the U.S. price, as indicated below, less 
the amount of the countervailing duty determined to constitute an 
export subsidy.\5\ Therefore, for cash deposit purposes, we are 
subtracting from the applicable cash deposit rate that portion of the 
countervailing duty rate attributable to the export subsidies found in 
the preliminary affirmative countervailing duty determination. 
Accordingly, the export subsidy offsets are as follows: 0.82 percent 
for Tos[ccedil]elik, and 0.77 percent for [Ccedil]ayirova and all 
others, and 0.42 percent for Borusan Istikbal and Borusan 
Mannesmann.\6\ After this adjustment, the resulting cash deposit rates 
will be 9.43 percent for Borusan Istikbal and Borusan Mannesmann, 8.94 
percent for [Ccedil]ayirova, 2.29 percent for Tos[ccedil]elik, and 2.52 
percent for all others. The suspension of liquidation instructions will 
remain in effect until further notice.
---------------------------------------------------------------------------

    \4\ See Welded Line Pipe From the Republic of Turkey: 
Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Determination With Final Antidumping 
Determination, 80 FR 14943 (March 20, 2015), and accompanying 
Preliminary Decision Memorandum.
    \5\ See, e.g., Notice of Final Determination of Sales at Less 
Than Fair Value: Carbazole Violet Pigment 23 From India, 69 FR 
67306, 67307 (November 17, 2004); and Notice of Final Determination 
of Sales at Less Than Fair Value and Negative Critical Circumstances 
Determination: Bottom Mount Combination Refrigerator-Freezers From 
the Republic of Korea, 77 FR 17413 (March 26, 2012).
    \6\ See Memorandum to the File from Alice Maldonado, Senior 
Analyst, entitled, ``Placing Information on the Record: Export 
Subsidies Calculated in the Preliminary Determination of the 
Countervailing Duty Investigation of Welded Line Pipe from the 
Republic of Turkey,''dated May 14, 2015.
---------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed to interested parties 
in this proceeding within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i) of the Act, we intend to verify 
information relied upon in making our final determination.

Public Comment

    Interested parties are invited to comment on this preliminary 
determination. Case briefs or other written comments may be submitted 
to the Assistant Secretary for Enforcement and Compliance no later than 
seven days after the date on which the final verification report is 
issued in this proceeding, and rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than five days after

[[Page 29619]]

the deadline date for case briefs.\7\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), 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, U.S. Department of Commerce. All documents must be filed 
electronically using ACCESS. An electronically-filed request must be 
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Standard Time, within 30 days after the date of publication of this 
notice.\8\ 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, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a time and 
date to be determined. Parties should confirm by telephone the date, 
time, and location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. 19 CFR 351.210(e)(2) requires that requests by 
respondents for postponement of a final antidumping determination be 
accompanied by a request for extension of provisional measures from a 
four-month period to a period not more than six months in duration.
    [Ccedil]ayirova and Tos[ccedil]elik requested that, in the event of 
an affirmative preliminary determination in this investigation, the 
Department postpone its final determination by 60 days (i.e., to 135 
days after publication of the preliminary determination), and agreed to 
extend the application of the provisional measures prescribed under 
section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month 
period to a period not to exceed six months.\9\ In addition, certain 
petitioners \10\ also requested that, in the event of a negative 
preliminary determination, the Department postpone its final 
determination to 135 days after the date of publication of the 
preliminary determination.\11\
---------------------------------------------------------------------------

    \9\ See letter from [Ccedil]ayirova and Tos[ccedil]elik 
entitled, ``Line pipe from Turkey; request to extend the final 
determination,'' dated March 20, 2015.
    \10\ These companies include American Cast Iron Pipe Company, 
Energex Tube, a division of JMC Steel Group, Northwest Pipe Company, 
Stupp Corporation, a division of Stupp Bros., Inc., Tex-Tube 
Company, TMK IPSCO, and Welspun Tubular LLC USA (collectively, 
certain petitioners).
    \11\ See letter from certain of the petitioners entitled, 
``Welded Line Pipe from Turkey: Contingent Request for Postponement 
of Final Determination,'' dated April 23, 2015.
---------------------------------------------------------------------------

    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because (1) our preliminary determination is 
affirmative; (2) the requesting exporters account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, we are postponing the final determination and 
extending the provisional measures from a four-month period to a period 
not greater than six months. Accordingly, we will make our final 
determination no later than 135 days after the date of publication of 
this preliminary determination, pursuant to section 735(a)(2) of the 
Act.\12\
---------------------------------------------------------------------------

    \12\ See also 19 CFR 351.210(e).
---------------------------------------------------------------------------

International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we have notified the 
ITC of our affirmative preliminary determination of sales at LTFV. If 
our final determination is affirmative, the ITC will determine before 
the later of 120 days after the date of this preliminary determination 
or 45 days after our final determination whether these imports are 
materially injuring, or threaten material injury to, the U.S. industry.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: May 14, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

 Scope of the Investigation

    The merchandise covered by this investigation is circular welded 
carbon and alloy steel (other than stainless steel) pipe of a kind 
used for oil or gas pipelines (welded line pipe), not more than 24 
inches in nominal outside diameter, regardless of wall thickness, 
length, surface finish, end finish, or stenciling. Welded line pipe 
is normally produced to the American Petroleum Institute (API) 
specification 5L, but can be produced to comparable foreign 
specifications, to proprietary grades, or can be non-graded 
material. All pipe meeting the physical description set forth above, 
including multiple-stenciled pipe with an API or comparable foreign 
specification line pipe stencil is covered by the scope of this 
investigation.
    The welded line pipe that is subject to this investigation is 
currently classifiable in the Harmonized Tariff Schedule of the 
United States (HTSUS) under subheadings 7305.11.1030, 7305.11.5000, 
7305.12.1030, 7305.12.5000, 7305.19.1030, 7305.19.5000, 
7306.19.1010, 7306.19.1050, 7306.19.5110, and 7306.19.5150. The 
subject merchandise may also enter in HTSUS 7305.11.1060 and 
7305.12.1060. While the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope of this investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Period of Investigation
4. Postponement of Final Determination and Extension of Provisional 
Measures
5. Scope Comments
6. Affiliation and Single Entity
7. Discussion of Methodology
    a. Determination of the Comparison Method
    b. Results of the Differential Pricing Analysis
8. Date of Sale
9. Product Comparisons
10. Export Price
11. Duty Drawback
12. Normal Value
    a. Home Market Viability
    b. Level of Trade
    c. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    d. Calculation of NV Based on Comparison Market Prices
13. Facts Available
    a. Use of Facts Available
    b. Application of Facts Available With an Adverse Reference
    c. Selection and Corroboration of Adverse Facts Available (AFA) 
Rate
14. Currency Conversion

[FR Doc. 2015-12519 Filed 5-21-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                                                     Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices                                                  29617

                                                      Issue 4: Whether Meihua’s energy                         CAEA’s Export Trade Certificate of                 Administration, U.S. Department of
                                                         allocation methodology is distortive               Review complete amended Membership                    Commerce, 14th Street and Constitution
                                                    Recommendation                                          is listed below:                                      Avenue NW., Washington, DC 20230;
                                                    [FR Doc. 2015–12520 Filed 5–21–15; 8:45 am]
                                                                                                            Almonds California Pride, Inc.,                       telephone: (202) 482–4682 or (202) 482–
                                                    BILLING CODE 3510–DS–P                                                                                        3693, respectively.
                                                                                                               Caruthers, CA
                                                                                                            Baldwin-Minkler Farms, Orland, CA                     SUPPLEMENTARY INFORMATION:
                                                    DEPARTMENT OF COMMERCE                                  Blue Diamond Growers, Sacramento, CA
                                                                                                            Campos Brothers, Caruthers, CA                        Background
                                                    International Trade Administration                      Chico Nut Company, Chico, CA                             The Department initiated this
                                                                                                            Del Rio Nut Company, Inc., Livingston,                investigation on November 5, 2014.1 For
                                                                                                               CA                                                 a complete description of the events that
                                                    [Application No. 99–8A005]
                                                                                                            Fair Trade Corner, Inc., Chico, CA                    followed the initiation of this
                                                    Export Trade Certificate of Review                      Fisher Nut Company, Modesto, CA                       investigation, see the memorandum that
                                                                                                            Hilltop Ranch, Inc., Ballico, CA                      is dated concurrently with this
                                                                                                            Hughson Nut, Inc., Hughson, CA                        determination and hereby adopted by
                                                    ACTION: Notice of Issuance of an
                                                                                                            Mariani Nut Company, Winters, CA                      this notice.2 The Preliminary Decision
                                                    Amended Export Trade Certificate of
                                                                                                            Nutco, LLC d.b.a. Spycher Brothers,                   Memorandum is a public document and
                                                    Review for the California Almond
                                                                                                               Turlock, CA                                        is on file electronically via Enforcement
                                                    Export Association, LLC, Application                    Paramount Farms, Inc., Los Angeles, CA
                                                    no. 99–8A005.                                                                                                 and Compliance’s Antidumping and
                                                                                                            P–R Farms, Inc., Clovis, CA                           Countervailing Duty Centralized
                                                                                                            Roche Brothers International Family                   Electronic Service System (ACCESS).
                                                    SUMMARY:  The Secretary of Commerce,
                                                                                                               Nut Co., Escalon, CA                               ACCESS is available to registered users
                                                    through the Office of Trade and                         South Valley Almond Company, LLC,
                                                    Economic Analysis (‘‘OTEA’’), issued an                                                                       at https://access.trade.gov, and to all
                                                                                                               Wasco, CA                                          parties in the Central Records Unit,
                                                    amended Export Trade Certificate of                     Sunny Gem, LLC, Wasco, CA
                                                    Review to the California Almond Export                                                                        Room 7046 of the main Department of
                                                                                                            Western Nut Company, Chico, CA                        Commerce building. In addition, a
                                                    Association, LLC (‘‘CAEA’’) on May 6,
                                                    2015. The previous amendment was                          Dated: May 18, 2015.                                complete version of the Preliminary
                                                    issued on May 1, 2014.                                  Joseph Flynn,                                         Decision Memorandum can be found at
                                                                                                            Director, Office of Trade and Economic                http://enforcement.trade.gov/frn/. The
                                                    FOR FURTHER INFORMATION CONTACT:                                                                              signed Preliminary Decision
                                                                                                            Analysis, International Trade Administration.
                                                    Joseph Flynn, Director, Office of Trade                                                                       Memorandum and the electronic
                                                                                                            [FR Doc. 2015–12405 Filed 5–21–15; 8:45 am]
                                                    and Economic Analysis, International                                                                          version of the Preliminary Decision
                                                                                                            BILLING CODE 3510–DS–P
                                                    Trade Administration, (202) 482–5131                                                                          Memorandum are identical in content.
                                                    (this is not a toll-free number) or email
                                                    at etca@trade.gov.                                                                                            Scope of the Investigation
                                                                                                            DEPARTMENT OF COMMERCE
                                                    SUPPLEMENTARY INFORMATION:      Title III of                                                                     The scope of the investigation covers
                                                    the Export Trading Company Act of                       International Trade Administration                    welded line pipe, which is carbon and
                                                    1982 (15 U.S.C. 4001–21) authorizes the                                                                       alloy steel pipe of a kind used for oil
                                                                                                            [A–489–822]
                                                    Secretary of Commerce to issue Export                                                                         and gas pipelines, not more than 24
                                                    Trade Certificates of Review. An Export                 Welded Line Pipe from the Republic of                 inches in nominal outside diameter. For
                                                    Trade Certificate of Review protects the                Turkey: Preliminary Determination of                  a complete description of the scope of
                                                    holder and the members identified in                    Sales at Less Than Fair Value and                     the investigation, see Appendix I.
                                                    the Certificate from State and Federal                  Postponement of Final Determination                   Scope Comments
                                                    government antitrust actions and from
                                                    private treble damage antitrust actions                 AGENCY:   Enforcement and Compliance,                   Certain interested parties commented
                                                    for the export conduct specified in the                 International Trade Administration,                   on the scope of the investigation as it
                                                    Certificate and carried out in                          Department of Commerce.                               appeared in the Initiation Notice. For
                                                    compliance with its terms and                           SUMMARY: The Department of Commerce                   discussion of those comments, see the
                                                    conditions. The regulations                             (Department) preliminarily determines                 Preliminary Decision Memorandum.
                                                    implementing Title III are found at 15                  that welded line pipe from the Republic               Methodology
                                                    CFR part 325 (2015). OTEA is issuing                    of Turkey (Turkey) is being, or is likely
                                                                                                            to be, sold in the United States at less                The Department is conducting this
                                                    this notice pursuant to 15 CFR 325.6(b),
                                                                                                            than fair value (LTFV), as provided in                investigation in accordance with section
                                                    which requires the Secretary to publish
                                                                                                            section 733(b) of the Tariff Act of 1930,             731 of the Act. There are two mandatory
                                                    a summary of the certificate in the
                                                                                                            as amended (the Act). The period of                   respondents participating in this
                                                    Federal Register. Under Section 305(a)
                                                                                                            investigation (POI) is October 1, 2013,               investigation, Çayirova Boru Sanayi ve
                                                    of the Act and 15 CFR 325.11(a), any
                                                                                                            through September 30, 2014. The                       Ticaret A.S./Yücel Boru Ithalat-Ihracat
                                                    person aggrieved by the Secretary’s
                                                    determination may, within 30 days of                    estimated weighted-average dumping                      1 See Welded Line Pipe from the Republic of
                                                    the date of this notice, bring an action                margins of sales at LTFV are shown in                 Korea and the Republic of Turkey: Initiation of
                                                    in any appropriate district court of the                the ‘‘Preliminary Determination’’                     Less-Than-Fair-Value Investigations, 79 FR 68213
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    United States to set aside the                          section of this notice. Interested parties            (November 14, 2014) (Initiation Notice).
                                                    determination on the ground that the                    are invited to comment on this                          2 See Memorandum from Christian Marsh, Deputy

                                                                                                            preliminary determination.                            Assistant Secretary for Antidumping and
                                                    determination is erroneous.                                                                                   Countervailing Duty Operations, to Paul Piquado,
                                                       Description of the Amendment to the                  DATES: Effective Date: May 22, 2015.                  Assistant Secretary for Enforcement and
                                                    Certificate: Remove the following                       FOR FURTHER INFORMATION CONTACT:                      Compliance, entitled ‘‘Decision Memorandum for
                                                                                                                                                                  the Preliminary Determination in the Antidumping
                                                    company as a Member of CAEA’s                           Alice Maldonado or David Crespo, AD/                  Duty Investigation of Welded Line Pipe from the
                                                    Certificate: Minturn Nut Company, Inc.,                 CVD Operations, Office II, Enforcement                Republic of Turkey’’ (Preliminary Decision
                                                    Le Grand, CA.                                           and Compliance, International Trade                   Memorandum), dated concurrently with this notice.



                                               VerDate Sep<11>2014   18:19 May 21, 2015   Jkt 235001   PO 00000   Frm 00016   Fmt 4703   Sfmt 4703   E:\FR\FM\22MYN1.SGM   22MYN1


                                                    29618                                         Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices

                                                    ve Pazarlama A.S. (collectively,                                            CFR 351.308. For further discussion, see                                     available. However, because there are
                                                    Çayirova) and Tosçelik Profil ve Sac                                      the Preliminary Decision Memorandum.                                         only two relevant weighted-average
                                                    Endustrisi A.S./Tosyali Dis Ticaret A.S.                                    All-Others Rate                                                              dumping margins for this preliminary
                                                    (collectively, Tosçelik). Export price for                                                                                                              determination, using a weighted average
                                                    these companies is calculated in                                              Consistent with sections                                                   of these two rates risks disclosure of
                                                    accordance with section 772 of the Act.                                     733(d)(1)(A)(ii) and 735(c)(5) of the Act,                                   business proprietary data. Therefore, we
                                                    Normal value (NV) is calculated in                                          the Department also calculated an                                            calculated both a weighted average of
                                                    accordance with section 773 of the Act.                                     estimated all-others rate. Section                                           the dumping margins calculated for the
                                                    For a full description of the                                               735(c)(5)(A) of the Act provides that the                                    two cooperating mandatory respondents
                                                    methodology underlying our                                                  estimated all-others rate shall be an                                        using publicly ranged quantities for
                                                                                                                                amount equal to the weighted average of
                                                    preliminary conclusions, see the                                                                                                                         their sales of subject merchandise and a
                                                                                                                                the estimated weighted-average
                                                    Preliminary Decision Memorandum.                                                                                                                         simple average of these two dumping
                                                                                                                                dumping margins established for
                                                       Because mandatory respondents                                                                                                                         margins, and selected, as the all-others
                                                                                                                                exporters and producers individually
                                                    Borusan Mannesmann Boru Sanayi ve                                           investigated, excluding any zero and de                                      rate, the average that provides a more
                                                    Ticaret A.S. (Borusan Mannesmann) and                                       minimis margins, and any margins                                             accurate proxy for the weighted-average
                                                    Borusan Istikbal Ticaret (Borusan                                           determined entirely under section 776                                        margin of both companies calculated
                                                    Istikbal) failed to respond to the                                          of the Act.                                                                  using business proprietary information.3
                                                    Department’s questionnaire, we                                                In this investigation, we calculated                                       Preliminary Determination
                                                    preliminarily determine to apply                                            weighted-average dumping margins for
                                                    adverse facts available (AFA) to these                                      both participating mandatory                                                   The Department preliminarily
                                                    respondents, in accordance with                                             respondents that are above de minimis                                        determines that the following weighted-
                                                    sections 776(a) and (b) of the Act and 19                                   and which are not based on total facts                                       average dumping margins exist:

                                                                                                                                                                                                                                                         Weighted-average
                                                                                                                                   Exporter/manufacturer                                                                                                  dumping margin
                                                                                                                                                                                                                                                             (percent)

                                                    Borusan Istikbal Ticaret .................................................................................................................................................................                       9.85
                                                    Borusan Mannesmann Boru Sanayi ve Ticaret A.S. ....................................................................................................................                                              9.85
                                                    Çayirova Boru Sanayi ve Ticaret A.S./Yücel Boru Ithalat-Ihracat ve Pazarlama A.S. .................................................................                                                            9.71
                                                    Tosçelik Profil ve Sac Endustrisi A.S./Tosyali Dis Ticaret A.S. ....................................................................................................                                            3.11
                                                    All Others .......................................................................................................................................................................................               3.29



                                                    Suspension of Liquidation                                                   require a cash deposit equal to the                                          Disclosure
                                                                                                                                amount by which the NV exceeds the
                                                      In accordance with section 733(d)(2)                                                                                                                     We will disclose the calculations
                                                                                                                                U.S. price, as indicated below, less the
                                                    of the Act, we are directing U.S.                                                                                                                        performed to interested parties in this
                                                                                                                                amount of the countervailing duty
                                                    Customs and Border Protection (CBP) to                                                                                                                   proceeding within five days of the date
                                                                                                                                determined to constitute an export
                                                    suspend liquidation of all entries of                                                                                                                    of publication of this notice in
                                                    welded line pipe from Turkey as                                             subsidy.5 Therefore, for cash deposit                                        accordance with 19 CFR 351.224(b).
                                                    described in Appendix I of this notice,                                     purposes, we are subtracting from the
                                                                                                                                applicable cash deposit rate that portion                                    Verification
                                                    which are entered, or withdrawn from
                                                    warehouse, for consumption on or after                                      of the countervailing duty rate                                                As provided in section 782(i) of the
                                                    the date of publication of this notice in                                   attributable to the export subsidies                                         Act, we intend to verify information
                                                    the Federal Register.                                                       found in the preliminary affirmative                                         relied upon in making our final
                                                      In accordance with 19 CFR                                                 countervailing duty determination.                                           determination.
                                                    351.205(d), we will instruct CBP to                                         Accordingly, the export subsidy offsets
                                                                                                                                are as follows: 0.82 percent for Tosçelik,                                  Public Comment
                                                    require a cash deposit equal to the
                                                    weighted-average amount by which the                                        and 0.77 percent for Çayirova and all                                         Interested parties are invited to
                                                    NV exceeds U.S. price, as indicated in                                      others, and 0.42 percent for Borusan                                         comment on this preliminary
                                                    the chart above, adjusted for export                                        Istikbal and Borusan Mannesmann.6                                            determination. Case briefs or other
                                                    subsidies found in the preliminary                                          After this adjustment, the resulting cash                                    written comments may be submitted to
                                                    determination of the companion                                              deposit rates will be 9.43 percent for                                       the Assistant Secretary for Enforcement
                                                    countervailing duty investigation.4                                         Borusan Istikbal and Borusan                                                 and Compliance no later than seven
                                                    Specifically, consistent with our                                           Mannesmann, 8.94 percent for Çayirova,                                      days after the date on which the final
                                                    longstanding practice, where the                                            2.29 percent for Tosçelik, and 2.52                                         verification report is issued in this
                                                    product under investigation is also                                         percent for all others. The suspension of                                    proceeding, and rebuttal briefs, limited
                                                    subject to a concurrent countervailing                                      liquidation instructions will remain in                                      to issues raised in case briefs, may be
                                                    duty investigation, we instruct CBP to                                      effect until further notice.                                                 submitted no later than five days after
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                       3 See Memorandum to the File from David                                  Determination With Final Antidumping                                         Combination Refrigerator-Freezers From the
                                                    Crespo, Senior Analyst, entitled, ‘‘Welded Line Pipe                        Determination, 80 FR 14943 (March 20, 2015), and                             Republic of Korea, 77 FR 17413 (March 26, 2012).
                                                    from the Republic of Turkey: Calculation of the                             accompanying Preliminary Decision Memorandum.                                  6 See Memorandum to the File from Alice

                                                    Preliminary Margin for All Other Companies,’’                                 5 See, e.g., Notice of Final Determination of Sales                        Maldonado, Senior Analyst, entitled, ‘‘Placing
                                                    dated concurrently with this memorandum (All                                at Less Than Fair Value: Carbazole Violet Pigment                            Information on the Record: Export Subsidies
                                                    Others Calculation Memorandum).                                             23 From India, 69 FR 67306, 67307 (November 17,                              Calculated in the Preliminary Determination of the
                                                       4 See Welded Line Pipe From the Republic of                              2004); and Notice of Final Determination of Sales                            Countervailing Duty Investigation of Welded Line
                                                    Turkey: Preliminary Affirmative Countervailing                              at Less Than Fair Value and Negative Critical                                Pipe from the Republic of Turkey,’’dated May 14,
                                                    Duty Determination and Alignment of Final                                   Circumstances Determination: Bottom Mount                                    2015.



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                                                                                       Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices                                                     29619

                                                    the deadline date for case briefs.7                       provisional measures prescribed under                    a kind used for oil or gas pipelines (welded
                                                    Pursuant to 19 CFR 351.309(c)(2) and                      section 733(d) of the Act and 19 CFR                     line pipe), not more than 24 inches in
                                                    (d)(2), parties who submit case briefs or                 351.210(e)(2), from a four-month period                  nominal outside diameter, regardless of wall
                                                    rebuttal briefs in this proceeding are                    to a period not to exceed six months.9                   thickness, length, surface finish, end finish,
                                                    encouraged to submit with each                            In addition, certain petitioners 10 also                 or stenciling. Welded line pipe is normally
                                                    argument: (1) A statement of the issue;                   requested that, in the event of a negative               produced to the American Petroleum
                                                    (2) a brief summary of the argument;                      preliminary determination, the                           Institute (API) specification 5L, but can be
                                                    and (3) a table of authorities.                           Department postpone its final                            produced to comparable foreign
                                                       Pursuant to 19 CFR 351.310(c),                         determination to 135 days after the date                 specifications, to proprietary grades, or can
                                                    interested parties who wish to request a                  of publication of the preliminary                        be non-graded material. All pipe meeting the
                                                    hearing, or to participate if one is                      determination.11                                         physical description set forth above,
                                                    requested, must submit a written                             In accordance with section                            including multiple-stenciled pipe with an
                                                    request to the Assistant Secretary for                    735(a)(2)(A) of the Act and 19 CFR                       API or comparable foreign specification line
                                                    Enforcement and Compliance, U.S.                          351.210(b)(2)(ii), because (1) our                       pipe stencil is covered by the scope of this
                                                    Department of Commerce. All                               preliminary determination is                             investigation.
                                                    documents must be filed electronically                    affirmative; (2) the requesting exporters                   The welded line pipe that is subject to this
                                                    using ACCESS. An electronically-filed                     account for a significant proportion of                  investigation is currently classifiable in the
                                                    request must be received successfully in                  exports of the subject merchandise; and                  Harmonized Tariff Schedule of the United
                                                    its entirety by ACCESS by 5:00 p.m.                       (3) no compelling reasons for denial                     States (HTSUS) under subheadings
                                                    Eastern Standard Time, within 30 days                     exist, we are postponing the final                       7305.11.1030, 7305.11.5000, 7305.12.1030,
                                                    after the date of publication of this                     determination and extending the                          7305.12.5000, 7305.19.1030, 7305.19.5000,
                                                    notice.8 Requests should contain the                      provisional measures from a four-month                   7306.19.1010, 7306.19.1050, 7306.19.5110,
                                                    party’s name, address, and telephone                      period to a period not greater than six                  and 7306.19.5150. The subject merchandise
                                                    number, the number of participants, and                   months. Accordingly, we will make our                    may also enter in HTSUS 7305.11.1060 and
                                                    a list of the issues to be discussed. If a                final determination no later than 135                    7305.12.1060. While the HTSUS subheadings
                                                    request for a hearing is made, the                        days after the date of publication of this               are provided for convenience and customs
                                                    Department intends to hold the hearing                    preliminary determination, pursuant to                   purposes, the written description of the
                                                    at the U.S. Department of Commerce,                       section 735(a)(2) of the Act.12                          scope of this investigation is dispositive.
                                                    14th Street and Constitution Avenue                                                                                Appendix II
                                                                                                              International Trade Commission (ITC)
                                                    NW., Washington, DC 20230, at a time
                                                                                                              Notification                                             List of Topics Discussed in the Preliminary
                                                    and date to be determined. Parties
                                                    should confirm by telephone the date,                        In accordance with section 733(f) of                  Decision Memorandum
                                                    time, and location of the hearing two                     the Act, we have notified the ITC of our                 1. Summary
                                                    days before the scheduled date.                           affirmative preliminary determination of                 2. Background
                                                                                                              sales at LTFV. If our final determination                3. Period of Investigation
                                                    Postponement of Final Determination                       is affirmative, the ITC will determine                   4. Postponement of Final Determination and
                                                    and Extension of Provisional Measures                     before the later of 120 days after the date                    Extension of Provisional Measures
                                                       Section 735(a)(2) of the Act provides                  of this preliminary determination or 45                  5. Scope Comments
                                                    that a final determination may be                         days after our final determination                       6. Affiliation and Single Entity
                                                    postponed until not later than 135 days                   whether these imports are materially                     7. Discussion of Methodology
                                                    after the date of the publication of the                  injuring, or threaten material injury to,                   a. Determination of the Comparison
                                                    preliminary determination if, in the                      the U.S. industry.                                             Method
                                                    event of an affirmative preliminary                          This determination is issued and                         b. Results of the Differential Pricing
                                                    determination, a request for such                         published in accordance with sections                          Analysis
                                                    postponement is made by exporters who                     733(f) and 777(i)(1) of the Act and 19                   8. Date of Sale
                                                    account for a significant proportion of                   CFR 351.205(c).                                          9. Product Comparisons
                                                    exports of the subject merchandise, or in                   Dated: May 14, 2015.                                   10. Export Price
                                                    the event of a negative preliminary                                                                                11. Duty Drawback
                                                                                                              Paul Piquado,
                                                    determination, a request for such                                                                                  12. Normal Value
                                                                                                              Assistant Secretary for Enforcement and
                                                    postponement is made by the petitioner.                                                                               a. Home Market Viability
                                                                                                              Compliance.
                                                    19 CFR 351.210(e)(2) requires that                                                                                    b. Level of Trade
                                                    requests by respondents for                               Appendix I                                                  c. Cost of Production (COP) Analysis
                                                    postponement of a final antidumping                       Scope of the Investigation                                  1. Calculation of COP
                                                    determination be accompanied by a                                                                                     2. Test of Comparison Market Sales Prices
                                                                                                                 The merchandise covered by this
                                                    request for extension of provisional                                                                                  3. Results of the COP Test
                                                                                                              investigation is circular welded carbon and
                                                    measures from a four-month period to a                    alloy steel (other than stainless steel) pipe of            d. Calculation of NV Based on Comparison
                                                    period not more than six months in                                                                                       Market Prices
                                                    duration.                                                    9 See letter from Çayirova and Tosçelik entitled,   13. Facts Available
                                                       Çayirova and Tosçelik requested that,                ‘‘Line pipe from Turkey; request to extend the final        a. Use of Facts Available
                                                    in the event of an affirmative                            determination,’’ dated March 20, 2015.                      b. Application of Facts Available With an
                                                                                                                 10 These companies include American Cast Iron
                                                                                                                                                                             Adverse Reference
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    preliminary determination in this                         Pipe Company, Energex Tube, a division of JMC
                                                    investigation, the Department postpone                                                                                c. Selection and Corroboration of Adverse
                                                                                                              Steel Group, Northwest Pipe Company, Stupp
                                                    its final determination by 60 days (i.e.,                 Corporation, a division of Stupp Bros., Inc., Tex-
                                                                                                                                                                             Facts Available (AFA) Rate
                                                    to 135 days after publication of the                      Tube Company, TMK IPSCO, and Welspun Tubular             14. Currency Conversion
                                                                                                              LLC USA (collectively, certain petitioners).
                                                    preliminary determination), and agreed                       11 See letter from certain of the petitioners
                                                                                                                                                                       [FR Doc. 2015–12519 Filed 5–21–15; 8:45 am]
                                                    to extend the application of the                          entitled, ‘‘Welded Line Pipe from Turkey:                BILLING CODE 3510–DS–P
                                                                                                              Contingent Request for Postponement of Final
                                                      7 See   19 CFR 351.309.                                 Determination,’’ dated April 23, 2015.
                                                      8 See   19 CFR 351.310(c).                                 12 See also 19 CFR 351.210(e).




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Document Created: 2015-12-15 15:46:19
Document Modified: 2015-12-15 15:46:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactAlice Maldonado or David Crespo, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4682 or (202) 482-3693, respectively.
FR Citation80 FR 29617 

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