80_FR_32198 80 FR 32090 - Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014

80 FR 32090 - Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 108 (June 5, 2015)

Page Range32090-32092
FR Document2015-13807

In response to a request by interested parties,\1\ the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on welded carbon steel standard pipe and tube products (welded pipe and tube) from Turkey.\2\ The period of review (POR) is May 1, 2013, to April 30, 2014. This review covers the following companies: Borusan Istikbal Ticaret T.A.S., and Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (collectively ``Borusan''); ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan); Toscelik Profil ve Sac Endustrisi A.S. (Toscelik) and Tosyali Dis Ticaret A.S. (Tosyali) (collectively ``Toscelik'').\3\ The Department preliminarily determines that Borusan and Toscelik both made U.S. sales of subject merchandise below normal value. In addition, the Department preliminarily finds that Erbosan had no shipments. The preliminary results are listed below in the section titled ``Preliminary Results of Review.'' ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 108 (Friday, June 5, 2015)
[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Pages 32090-32092]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13807]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]


Welded Carbon Steel Standard Pipe and Tube Products From Turkey: 
Preliminary Results of Antidumping Duty Administrative Review; 2013-
2014

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

SUMMARY: In response to a request by interested parties,\1\ the 
Department of Commerce (the Department) is conducting an administrative 
review of the antidumping duty order on welded carbon steel standard 
pipe and tube products (welded pipe and tube) from Turkey.\2\ The 
period of review (POR) is May 1, 2013, to April 30, 2014. This review 
covers the following companies: Borusan Istikbal Ticaret T.A.S., and 
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (collectively 
``Borusan''); ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan); 
Toscelik Profil ve Sac Endustrisi A.S. (Toscelik) and Tosyali Dis 
Ticaret A.S. (Tosyali) (collectively ``Toscelik'').\3\ The Department 
preliminarily determines that Borusan and Toscelik both made U.S. sales 
of subject merchandise below normal value. In addition, the Department 
preliminarily finds that Erbosan had no shipments. The preliminary 
results are listed below in the section titled ``Preliminary Results of 
Review.''
---------------------------------------------------------------------------

    \1\ Wheatland Tube Company, Borusan Mannesmann Boru Sanayi ve 
Ticaret A.S., and Borusan Istikbal Ticaret requested the instant 
administrative review.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 36462 (June 27, 2014) (Initiation 
Notice). The Initiation Notice inadvertently referenced the 
incorrect order title. This Federal Register notice and the decision 
memorandum accompanying these preliminary results use the original 
and correct order title, as reflected in the original 1986 order. 
See Antidumping Duty Order; Welded Carbon Steel Standard Pipe and 
Tube Products from Turkey, 51 FR 17784 (May 15, 1986).
    \3\ In prior segments of this proceeding, we treated Borusan 
Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret 
T.A.S. as the same legal 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 (December 1, 2014). We preliminarily determine that there is 
no evidence on the record for altering such treatment of these two 
parties, referred to collectively as Borusan. Similarly, in prior 
segments of this proceeding we treated Toscelik and Tosyali as the 
same legal entity. See, e.g., id. There is also no record evidence 
for altering this treatment. Therefore, for these preliminary 
results, we are treating Toscelik and Tosyali as the same legal 
entity.

---------------------------------------------------------------------------
DATES:  Effective Date: June 5, 2015.

FOR FURTHER INFORMATION CONTACT: Fred Baker, Deborah Scott, or Robert 
James at (202) 482-2924, (202) 482-2657, or (202) 482-0649, 
respectively; AD/CVD Operations, Office VI, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

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 7306.30.10.00, 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 of the 
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS 
subheading is provided for convenience and customs purposes. A full 
description of the scope of the order is contained in the memorandum 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Enforcement and Compliance, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Welded Carbon Steel 
Standard Pipe and Tube Products from Turkey; 2013-2014 Administrative 
Review'' (Preliminary Decision Memorandum), which is hereby adopted by 
this notice. The written description of the scope of the order is 
dispositive.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price 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 
conclusions, see the Preliminary Decision Memorandum. The

[[Page 32091]]

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 http://access.trade.gov and 
is available 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 accessed directly 
at http://enforcement.trade.gov/frn/index.html. The signed Preliminary 
Decision Memorandum and the electronic version of the Preliminary 
Decision Memorandum are identical in content. A list of the topics 
discussed in the Preliminary Decision Memorandum is attached as the 
Appendix to this notice.

Preliminary Determination of No Shipments

    On July 15, 2014, Erbosan submitted a letter certifying that it had 
no exports, sales, or entries of subject merchandise to the United 
States during the POR, and that it did not know or have reason to know 
that any of its customers would subsequently export or sell subject 
merchandise exported by Erbosan to the United States. On August 22, 
2014, the Department issued a ``No Shipment Inquiry'' to U.S. Customs 
and Border Protection (CBP) to confirm that there were no entries of 
welded pipe and tube from Turkey exported by Erbosan during the POR. In 
response, CBP communicated to the Department that its data indicated 
that subject merchandise exported by Erbosan may have entered the 
United States during the POR. Therefore, we obtained U.S. entry 
documents for these shipments, and upon analysis conclude that the 
record does not support finding that Erbosan had knowledge that the 
destination for these shipments was the United States.\4\ The 
Department also requested clarification from Erbosan regarding these 
shipments, and Erbosan again confirmed that during the POR, it did not 
export subject merchandise to any customer in the United States or to 
any customer outside the United States knowing the final destination 
was the United States. Erbosan also certified that it did not sell 
subject merchandise to any domestic customer which purchased the 
subject merchandise for export to the United States, nor did it have 
knowledge that any of its customers would subsequently export or sell 
Erbosan's subject merchandise to the United States. As previously 
noted, we have found nothing in the U.S. entry documents or elsewhere 
on the record that contradicts these claims.
---------------------------------------------------------------------------

    \4\ See Memorandum to the File from Fred Baker, ``U.S. Entry 
Documents--Welded Carbon Steel Standard Pipe and Tube Products from 
Turkey,'' dated January 30, 2015.
---------------------------------------------------------------------------

    Based on Erbosan's certifications and our analysis of the other 
information on the record referenced above, we preliminarily determine 
that Erbosan had no shipments during the POR. However, consistent with 
our practice, the Department finds that it is not appropriate to 
rescind the review with respect to Erbosan, but rather to complete the 
review with respect to Erbosan, and to issue appropriate instructions 
to CBP based on the final results of this review.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
weighted-average dumping margins for the period May 1, 2013 through 
April 30, 2014 are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                Average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S \5\...........        3.16
Toscelik Profil ve Sac Endustrisi A.S \6\...................        1.77
------------------------------------------------------------------------
\5\ Also includes Borusan Istikbal Ticaret T.A.S. See footnote 3.
\6\ Also includes Tosyali Dis Ticaret A.S. See footnote 3.

Disclosure and Public Comment

    The Department will disclose to interested parties the calculations 
performed in connection with these preliminary results within five days 
of the date of publication of this notice.\7\ Interested parties may 
submit case briefs no later than 30 days after the date of publication 
of this notice.\8\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed not later than five days after the due date 
for filing case briefs.\9\ 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.\10\ Case and rebuttal briefs should be 
filed using ACCESS.\11\ In order to be properly filed, ACCESS must 
successfully receive an electronically-filed document in its entirety 
by 5 p.m. Eastern Time.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(d).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    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, filed electronically via ACCESS, within 30 days after the 
date of publication of this notice.\12\ Requests should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
and rebuttal briefs.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless otherwise extended, the Department intends to issue the 
final results of this administrative review, including the results of 
its analysis of the issues raised in any written briefs, not later than 
120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries in accordance with 19 CFR 351.212(b)(1). We intend to issue 
instructions to CBP 15 days after the date of publication of the final 
results of this review.
    If Borusan's or Toscelik's weighted-average dumping margins are not 
zero or de minimis (i.e., less than 0.5 percent) in the final results 
of this review, we will calculate importer-specific assessment rates on 
the basis of the ratio of the total amount of dumping calculated for 
the importer's examined sales and the total entered value of the sales 
in accordance with 19 CFR 351.212(b)(1). Where either a respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    With respect to Erbosan, if we continue to find that Erbosan had no 
shipments of subject merchandise in the final results, we will instruct 
CBP to liquidate any existing entries of merchandise produced by 
Erbosan, but exported by other parties, at the rate for the 
intermediate reseller, if available, or at the all-others rate.\13\
---------------------------------------------------------------------------

    \13\ 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).

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

[[Page 32092]]

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the 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 rate for Borusan and 
Toscelik will be equal to the weighted-average dumping margin 
established in the final results of this review, except if the rate is 
zero or de minimis within the meaning of 19 CFR 351.106(c)(1), in which 
case the cash deposit rate will be zero; (2) for other manufacturers 
and exporters covered in a prior segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment of this proceeding 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, then 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.\14\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \14\ See Antidumping Duty Order; Welded Carbon Steel Standard 
Pipe and Tube Products From Turkey, 51 FR 17784 (May 15, 1986).
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a preliminary 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 29, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Comparisons to Normal Value
6. Product Comparisons
7. Date of Sale
8. Export Price
9. Normal Value
10. Currency Conversion
11. Recommendation

[FR Doc. 2015-13807 Filed 6-4-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    32090                              Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices

                                                    516A(e) of the Tariff Act of 1930, as                     Notification to Interested Parties                        Department preliminarily determines
                                                    amended (‘‘the Act’’), the Department                       This notice is issued and published in                  that Borusan and Toscelik both made
                                                    must publish a notice of a court                          accordance with sections 516A(e),                         U.S. sales of subject merchandise below
                                                    decision that is not ‘‘in harmony’’ with                  751(a)(1), and 777(i)(1) of the Act.                      normal value. In addition, the
                                                    a Department determination and must                                                                                 Department preliminarily finds that
                                                                                                                Dated: May 29, 2015.                                    Erbosan had no shipments. The
                                                    suspend liquidation of entries pending
                                                                                                              Paul Piquado,                                             preliminary results are listed below in
                                                    a ‘‘conclusive’’ court decision. The
                                                    Court’s judgment in TMI II sustaining                     Assistant Secretary for Enforcement and                   the section titled ‘‘Preliminary Results
                                                                                                              Compliance.                                               of Review.’’
                                                    the Final Remand Results constitutes a
                                                                                                              [FR Doc. 2015–13828 Filed 6–4–15; 8:45 am]                DATES: Effective Date: June 5, 2015.
                                                    final decision of the Court that is not in
                                                                                                              BILLING CODE 3510–DS–P                                    FOR FURTHER INFORMATION CONTACT: Fred
                                                    harmony with the Department’s Final
                                                    Results. This notice is published in                                                                                Baker, Deborah Scott, or Robert James at
                                                    fulfillment of the publication                                                                                      (202) 482–2924, (202) 482–2657, or
                                                                                                              DEPARTMENT OF COMMERCE                                    (202) 482–0649, respectively; AD/CVD
                                                    requirement of Timken.
                                                                                                              International Trade Administration                        Operations, Office VI, Enforcement and
                                                    Amended Final Results                                                                                               Compliance, International Trade
                                                                                                              [A–489–501]                                               Administration, U.S. Department of
                                                       Because there is now a final court
                                                                                                                                                                        Commerce, 14th Street and Constitution
                                                    decision, the Department is amending                      Welded Carbon Steel Standard Pipe                         Avenue NW., Washington, DC 20230.
                                                    the Final Results with respect to the                     and Tube Products From Turkey:
                                                                                                                                                                        SUPPLEMENTARY INFORMATION:
                                                    surrogate value for truck freight and                     Preliminary Results of Antidumping
                                                    financial ratios, in addition to correcting               Duty Administrative Review; 2013–                         Scope of the Order
                                                    the errors in its calculation of the labor                2014                                                         The merchandise subject to the order
                                                    rate. The revised weighted-average                                                                                  is welded pipe and tube. The welded
                                                                                                              AGENCY:         Enforcement and Compliance,
                                                    dumping margin for TMI during the                             International Trade Administration,                   pipe and tube subject to the order is
                                                    period May 1, 2009, through April 30,                         U.S. Department of Commerce.                          currently classifiable under subheading
                                                    2010, is as follows:                                                                                                7306.30.10.00, 7306.30.50.25,
                                                                                                                  SUMMARY: In response to a request by
                                                                                                                  interested parties,1 the Department of                7306.30.50.32, 7306.30.50.40,
                                                         WEIGHTED-AVERAGE DUMPING                                 Commerce (the Department) is                          7306.30.50.55, 7306.30.50.85, and
                                                                              MARGIN:                             conducting an administrative review of                7306.30.50.90 of the Harmonized Tariff
                                                                                                                  the antidumping duty order on welded                  Schedule of the United States (HTSUS).
                                                                                                       Weighted- carbon steel standard pipe and tube                    The HTSUS subheading is provided for
                                                                                                        average                                                         convenience and customs purposes. A
                                                                    Exporter                           dumping    products (welded pipe and tube) from
                                                                                                         margin   Turkey.2 The period of review (POR) is                full description of the scope of the order
                                                                                                       (percent)  May 1, 2013, to April 30, 2014. This                  is contained in the memorandum from
                                                                                                                  review covers the following companies:                Christian Marsh, Deputy Assistant
                                                    TMI ..............................................      51.26 Borusan Istikbal Ticaret T.A.S., and                  Secretary for Antidumping and
                                                                                                                  Borusan Mannesmann Boru Sanayi ve                     Countervailing Duty Operations, to Paul
                                                       Accordingly, the Department will                           Ticaret A.S. (collectively ‘‘Borusan’’);              Piquado, Assistant Secretary for
                                                    continue the suspension of liquidation                        ERBOSAN Erciyas Boru Sanayi ve                        Enforcement and Compliance,
                                                    of the subject merchandise pending the                        Ticaret A.S. (Erbosan); Toscelik Profil ve            ‘‘Decision Memorandum for Preliminary
                                                    expiration of the period of appeal or, if                     Sac Endustrisi A.S. (Toscelik) and                    Results of Antidumping Duty
                                                    appealed, pending a final and                                 Tosyali Dis Ticaret A.S. (Tosyali)                    Administrative Review: Welded Carbon
                                                    conclusive court decision. In the event                       (collectively ‘‘Toscelik’’).3 The                     Steel Standard Pipe and Tube Products
                                                                                                                                                                        from Turkey; 2013–2014 Administrative
                                                    the Court’s ruling is not appealed or, if
                                                                                                                    1 Wheatland Tube Company, Borusan                   Review’’ (Preliminary Decision
                                                    appealed, upheld by the CAFC, the
                                                                                                                  Mannesmann Boru Sanayi ve Ticaret A.S., and           Memorandum), which is hereby
                                                    Department will instruct U.S. Customs                         Borusan Istikbal Ticaret requested the instant        adopted by this notice. The written
                                                    and Border Protection to assess                               administrative review.                                description of the scope of the order is
                                                    antidumping duties on unliquidated                              2 See Initiation of Antidumping and
                                                                                                                                                                        dispositive.
                                                    entries of subject merchandise exported Countervailing Duty Administrative Reviews, 79 FR
                                                                                                                  36462 (June 27, 2014) (Initiation Notice). The        Methodology
                                                    by the above listed exporter at the rate                      Initiation Notice inadvertently referenced the
                                                    listed above.                                                 incorrect order title. This Federal Register notice     The Department has conducted this
                                                                                                              and the decision memorandum accompanying these            review in accordance with section
                                                    Cash Deposit Requirements                                 preliminary results use the original and correct
                                                                                                              order title, as reflected in the original 1986 order.
                                                                                                                                                                        751(a)(1)(B) and (2) of the Tariff Act of
                                                      Since the Final Remand Results, the                     See Antidumping Duty Order; Welded Carbon Steel           1930, as amended (the Act). Export
                                                    Department has established a new cash                     Standard Pipe and Tube Products from Turkey, 51           price is calculated in accordance with
                                                                                                              FR 17784 (May 15, 1986).                                  section 772 of the Act. Normal value
                                                    deposit rate for TMI.13 Therefore, the                       3 In prior segments of this proceeding, we treated
                                                    cash deposit rate for TMI does not need                                                                             (NV) is calculated in accordance with
                                                                                                              Borusan Mannesmann Boru Sanayi ve Ticaret A.S.
                                                    to be updated as a result of these                                                                                  section 773 of the Act.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                              and Borusan Istikbal Ticaret T.A.S. as the same
                                                    amended final results.                                    legal entity. See, e.g., Welded Carbon Steel                For a full description of the
                                                                                                              Standard Pipe and Tube Products From Turkey:              methodology underlying our
                                                                                                              Final Results of Antidumping Duty Administrative          conclusions, see the Preliminary
                                                       13 See Pure Magnesium From the People’s                Review; 2012–2013, 79 FR 71087, 71088 (December
                                                    Republic of China: Final Results of Antidumping           1, 2014). We preliminarily determine that there is        Decision Memorandum. The
                                                    Duty Administrative Review; 2011–2012, 79 FR 94           no evidence on the record for altering such
                                                    (January 2, 2014); Pure Magnesium From the                treatment of these two parties, referred to               no record evidence for altering this treatment.
                                                    People’s Republic of China: Final Results of              collectively as Borusan. Similarly, in prior segments     Therefore, for these preliminary results, we are
                                                    Antidumping Duty Administrative Review; 2013–             of this proceeding we treated Toscelik and Tosyali        treating Toscelik and Tosyali as the same legal
                                                    2014, 80 FR 26541 (May 8, 2015).                          as the same legal entity. See, e.g., id. There is also    entity.



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                                                                                     Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices                                                  32091

                                                    Preliminary Decision Memorandum is a                    customers would subsequently export or                 filed document in its entirety by 5 p.m.
                                                    public document and is on file                          sell Erbosan’s subject merchandise to                  Eastern Time.
                                                    electronically via Enforcement and                      the United States. As previously noted,                   Pursuant to 19 CFR 351.310(c),
                                                    Compliance’s Antidumping and                            we have found nothing in the U.S. entry                interested parties who wish to request a
                                                    Countervailing Duty Centralized                         documents or elsewhere on the record                   hearing, or to participate if one is
                                                    Electronic Service System (ACCESS).                     that contradicts these claims.                         requested, must submit a written
                                                    ACCESS is available to registered users                   Based on Erbosan’s certifications and                request to the Assistant Secretary for
                                                    at http://access.trade.gov and is                       our analysis of the other information on               Enforcement and Compliance, filed
                                                    available to all parties in the Central                 the record referenced above, we                        electronically via ACCESS, within 30
                                                    Records Unit, room 7046 of the main                     preliminarily determine that Erbosan                   days after the date of publication of this
                                                    Department of Commerce building. In                     had no shipments during the POR.                       notice.12 Requests should contain: (1)
                                                    addition, a complete version of the                     However, consistent with our practice,                 The party’s name, address, and
                                                    Preliminary Decision Memorandum can                     the Department finds that it is not                    telephone number; (2) the number of
                                                    be accessed directly at http://                         appropriate to rescind the review with                 participants; and (3) a list of issues to be
                                                    enforcement.trade.gov/frn/index.html.                   respect to Erbosan, but rather to                      discussed. Issues raised in the hearing
                                                    The signed Preliminary Decision                         complete the review with respect to                    will be limited to those raised in the
                                                    Memorandum and the electronic                           Erbosan, and to issue appropriate                      respective case and rebuttal briefs.
                                                    version of the Preliminary Decision                     instructions to CBP based on the final                    Unless otherwise extended, the
                                                    Memorandum are identical in content.                    results of this review.                                Department intends to issue the final
                                                    A list of the topics discussed in the                                                                          results of this administrative review,
                                                    Preliminary Decision Memorandum is                      Preliminary Results of Review                          including the results of its analysis of
                                                    attached as the Appendix to this notice.                  As a result of this review, we                       the issues raised in any written briefs,
                                                                                                            preliminarily determine that the                       not later than 120 days after the date of
                                                    Preliminary Determination of No                                                                                publication of this notice, pursuant to
                                                    Shipments                                               weighted-average dumping margins for
                                                                                                            the period May 1, 2013 through April                   section 751(a)(3)(A) of the Act.
                                                       On July 15, 2014, Erbosan submitted                  30, 2014 are as follows:                                    Assessment Rates
                                                    a letter certifying that it had no exports,
                                                    sales, or entries of subject merchandise                                                                 Weighted-
                                                                                                                                                                           Upon completion of the
                                                    to the United States during the POR,                                                                     Average    administrative review, the Department
                                                    and that it did not know or have reason                        Producer or exporter                      dumping    shall determine, and CBP shall assess,
                                                                                                                                                              margin    antidumping duties on all appropriate
                                                    to know that any of its customers would                                                                  (percent)
                                                    subsequently export or sell subject                                                                                 entries in accordance with 19 CFR
                                                    merchandise exported by Erbosan to the                  Borusan Mannesmann Boru                                     351.212(b)(1). We intend to issue
                                                    United States. On August 22, 2014, the                    Sanayi ve Ticaret A.S 5 ...........                  3.16 instructions to CBP 15 days after the
                                                    Department issued a ‘‘No Shipment                       Toscelik Profil ve Sac Endustrisi                           date of publication of the final results of
                                                    Inquiry’’ to U.S. Customs and Border                      A.S 6 ........................................       1.77 this review.
                                                    Protection (CBP) to confirm that there                    5 Also includes Borusan Istikbal Ticaret
                                                                                                                                                                           If Borusan’s or Toscelik’s weighted-
                                                    were no entries of welded pipe and tube                 T.A.S. See footnote 3.
                                                                                                                                                                        average dumping margins are not zero
                                                    from Turkey exported by Erbosan                           6 Also includes Tosyali Dis Ticaret A.S. See              or de minimis (i.e., less than 0.5 percent)
                                                    during the POR. In response, CBP                        footnote 3.                                                 in the final results of this review, we
                                                    communicated to the Department that                                                                                 will calculate importer-specific
                                                                                                            Disclosure and Public Comment
                                                    its data indicated that subject                                                                                     assessment rates on the basis of the ratio
                                                    merchandise exported by Erbosan may                        The Department will disclose to                          of the total amount of dumping
                                                    have entered the United States during                   interested parties the calculations                         calculated for the importer’s examined
                                                    the POR. Therefore, we obtained U.S.                    performed in connection with these                          sales and the total entered value of the
                                                    entry documents for these shipments,                    preliminary results within five days of                     sales in accordance with 19 CFR
                                                    and upon analysis conclude that the                     the date of publication of this notice.7                    351.212(b)(1). Where either a
                                                    record does not support finding that                    Interested parties may submit case briefs respondent’s weighted-average dumping
                                                    Erbosan had knowledge that the                          no later than 30 days after the date of                     margin is zero or de minimis, or an
                                                    destination for these shipments was the                 publication of this notice.8 Rebuttal                       importer-specific assessment rate is zero
                                                    United States.4 The Department also                     briefs, limited to issues raised in the                     or de minimis, we will instruct CBP to
                                                    requested clarification from Erbosan                    case briefs, may be filed not later than                    liquidate the appropriate entries
                                                    regarding these shipments, and Erbosan                  five days after the due date for filing                     without regard to antidumping duties.
                                                                                                            case briefs.9 Parties who submit case                          With respect to Erbosan, if we
                                                    again confirmed that during the POR, it
                                                                                                            briefs or rebuttal briefs in this                           continue to find that Erbosan had no
                                                    did not export subject merchandise to
                                                                                                            proceeding are encouraged to submit                         shipments of subject merchandise in the
                                                    any customer in the United States or to
                                                                                                            with each argument: (1) A statement of                      final results, we will instruct CBP to
                                                    any customer outside the United States
                                                                                                            the issue; (2) a brief summary of the                       liquidate any existing entries of
                                                    knowing the final destination was the
                                                                                                            argument; and (3) a table of                                merchandise produced by Erbosan, but
                                                    United States. Erbosan also certified that
                                                                                                            authorities.10 Case and rebuttal briefs                     exported by other parties, at the rate for
                                                    it did not sell subject merchandise to
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            should be filed using ACCESS.11 In                          the intermediate reseller, if available, or
                                                    any domestic customer which
                                                    purchased the subject merchandise for                   order to be properly filed, ACCESS must at the all-others rate.13
                                                    export to the United States, nor did it                 successfully receive an electronically-
                                                                                                                                                                     12 See19 CFR 351.310(c).
                                                    have knowledge that any of its                                                                                   13 See,e.g., Magnesium Metal From the Russian
                                                                                                              7 See 19 CFR 351.224(b).
                                                                                                              8 See 19 CFR 351.309(c)(1)(ii).
                                                                                                                                                                   Federation: Preliminary Results of Antidumping
                                                       4 See Memorandum to the File from Fred Baker,                                                               Duty Administrative Review, 75 FR 26922, 26923
                                                                                                              9 See 19 CFR 351.309(d).
                                                    ‘‘U.S. Entry Documents—Welded Carbon Steel                                                                     (May 13, 2010), unchanged in Magnesium Metal
                                                                                                              10 See 19 CFR 351.309(c)(2) and (d)(2).
                                                    Standard Pipe and Tube Products from Turkey,’’                                                                 From the Russian Federation: Final Results of
                                                    dated January 30, 2015.                                   11 See 19 CFR 351.303.                                                                       Continued




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                                                    32092                            Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices

                                                    Cash Deposit Requirements                                 Dated: May 29, 2015.                                 30, 2014.1 On December 15, 2014, the
                                                                                                            Paul Piquado,                                          Department extended the deadline for
                                                      The following cash deposit                            Assistant Secretary for Enforcement and                the preliminary results to June 3, 2015.2
                                                    requirements will be effective for all                  Compliance.
                                                    shipments of the subject merchandise                                                                           Scope of the Order
                                                    entered, or withdrawn from warehouse,                   Appendix—List of Topics Discussed in
                                                                                                            the Preliminary Decision Memorandum                      The merchandise covered by this
                                                    for consumption on or after the                                                                                order is all grades of garlic, whether
                                                    publication date of the final results of                1. Summary                                             whole or separated into constituent
                                                    this administrative review, as provided                 2. Background                                          cloves.3 The subject merchandise is
                                                    by section 751(a)(2)(C) of the Act: (1)                 3. Scope of the Order                                  currently classifiable under the
                                                    The cash deposit rate for Borusan and                   4. Preliminary Determination of No                     Harmonized Tariff Schedule of the
                                                    Toscelik will be equal to the weighted-                      Shipments                                         United States (‘‘HTSUS’’) subheadings:
                                                    average dumping margin established in                   5. Comparisons to Normal Value
                                                                                                            6. Product Comparisons
                                                                                                                                                                   0703.20.0000, 0703.20.0005,
                                                    the final results of this review, except if             7. Date of Sale                                        0703.20.0010, 0703.20.0015,
                                                    the rate is zero or de minimis within the               8. Export Price                                        0703.20.0020, 0703.20.0090,
                                                    meaning of 19 CFR 351.106(c)(1), in                     9. Normal Value                                        0710.80.7060, 0710.80.9750,
                                                    which case the cash deposit rate will be                10. Currency Conversion                                0711.90.6000, 0711.90.6500,
                                                    zero; (2) for other manufacturers and                   11. Recommendation                                     2005.90.9500, 2005.90.9700, and
                                                    exporters covered in a prior segment of                 [FR Doc. 2015–13807 Filed 6–4–15; 8:45 am]             2005.99.9700. A full description of the
                                                    the proceeding, the cash deposit rate                   BILLING CODE 3510–DS–P                                 scope of the order is contained in the
                                                    will continue to be the company-                                                                               Preliminary Decision Memorandum.
                                                    specific rate published for the most                                                                           Although the HTSUS subheadings are
                                                    recently completed segment of this                      DEPARTMENT OF COMMERCE                                 provided for convenience and customs
                                                    proceeding in which that manufacturer                                                                          purposes, the written product
                                                                                                            International Trade Administration                     description is dispositive.
                                                    or exporter participated; (3) if the
                                                    exporter is not a firm covered in this                                                                         Methodology
                                                    review, a prior review, or the original                 [A–570–831]
                                                    less-than-fair-value (LTFV)                                                                                       The Department is conducting this
                                                                                                            Fresh Garlic From the People’s                         review in accordance with section
                                                    investigation, but the manufacturer is,                 Republic of China: Preliminary Intent
                                                    then the cash deposit rate will be the                                                                         751(a)(2)(B) of the Tariff Act of 1930, as
                                                                                                            To Rescind the New Shipper Review of                   amended (‘‘the Act’’), and 19 CFR
                                                    rate established for the most recently                  Jinxiang Kaihua Imp & Exp Co., Ltd.
                                                    completed segment of this proceeding                                                                           351.214. For a full description of the
                                                    for the manufacturer of subject                                                                                methodology underlying our
                                                                                                            AGENCY:  Enforcement and Compliance,
                                                    merchandise; and (4) the cash deposit                                                                          conclusions, see the Preliminary
                                                                                                            International Trade Administration,
                                                    rate for all other manufacturers or                                                                            Decision Memorandum.
                                                                                                            Department of Commerce.
                                                    exporters will continue to be 14.74                                                                               The Preliminary Decision
                                                                                                            SUMMARY:    The Department of Commerce                 Memorandum is a public document and
                                                    percent, the all-others rate established                (‘‘the Department’’) is conducting a new
                                                    in the LTFV investigation.14 These                                                                             is on file electronically via Enforcement
                                                                                                            shipper review of Jinxiang Kaihua Imp                  and Compliance’s centralized electronic
                                                    deposit requirements, when imposed,                     & Exp Co., Ltd. (Kaihua) regarding the
                                                    shall remain in effect until further                                                                           service system (‘‘ACCESS’’). ACCESS is
                                                                                                            antidumping duty order on fresh garlic                 available to registered users at http://
                                                    notice.                                                 from the People’s Republic of China                    access.trade.gov and in the
                                                    Notification to Importers                               (‘‘the PRC’’). The period of review                    Department’s Central Records Unit,
                                                                                                            (‘‘POR’’) is November 1, 2013 through                  Room 7046 of the main Department of
                                                      This notice also serves as a                          April 30, 2014. The Department has                     Commerce building. In addition, a
                                                    preliminary reminder to importers of                    preliminarily determined that Kaihua’s                 complete version of the Preliminary
                                                    their responsibility under 19 CFR                       new shipper sale is not bona fide.                     Decision Memorandum can be accessed
                                                    351.402(f)(2) to file a certificate                     Interested parties are invited to                      directly on the Internet at http://
                                                    regarding the reimbursement of                          comment on these preliminary results.                  enforcement.trade.gov/frn/index.html.
                                                    antidumping duties prior to liquidation                 DATES:   Effective Date: June 5, 2015.                 The signed Preliminary Decision
                                                    of the relevant entries during this                                                                            Memorandum and the electronic
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    review period. Failure to comply with                                                                          versions of the Preliminary Decision
                                                                                                            Milton Koch, AD/CVD Operations,
                                                    this requirement could result in the                                                                           Memorandum are identical in content.
                                                                                                            Office VII, Enforcement and
                                                    Secretary’s presumption that
                                                                                                            Compliance, International Trade
                                                    reimbursement of antidumping duties                                                                               1 See Fresh Garlic from the People’s Republic of
                                                                                                            Administration, U.S. Department of                     China: Initiation of Antidumping Duty New Shipper
                                                    occurred and the subsequent assessment                  Commerce, 14th Street and Constitution                 Review; 2013–2014, 79 FR 46250 (August 7, 2014).
                                                    of double antidumping duties.                           Avenue NW., Washington, DC 20230;                         2 See the Department Memorandum ‘‘Fresh Garlic

                                                      We are issuing and publishing these                   telephone: (202) 482–2584.                             from the People’s Republic of China: Extension of
                                                                                                                                                                   Deadline for Preliminary Results of Antidumping
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    results in accordance with sections
                                                                                                            SUPPLEMENTARY INFORMATION:                             Duty New Shipper Review,’’ dated December 12,
                                                    751(a)(1) and 777(i)(1) of the Act.                                                                            2014.
                                                                                                            Background                                                3 See the Department Memorandum, ‘‘Decision

                                                                                                                                                                   Memorandum for the Preliminary Results of the
                                                                                                              On August 7, 2014, the Department                    Antidumping Duty New Shipper Review of Fresh
                                                    Antidumping Duty Administrative Review, 75 FR
                                                                                                            published notice of initiation of a new                Garlic from the People’s Republic of China: Jinxiang
                                                    56989 (September 17, 2010).                                                                                    Kaihua Imp & Exp Co., Ltd.’’ dated concurrently
                                                      14 See Antidumping Duty Order; Welded Carbon
                                                                                                            shipper review of fresh garlic from the
                                                                                                                                                                   with and hereby adopted by this notice
                                                    Steel Standard Pipe and Tube Products From              People’s Republic of China for the                     (Preliminary Decision Memorandum), for a
                                                    Turkey, 51 FR 17784 (May 15, 1986).                     period November 1, 2013 through April                  complete description of the Scope of the Order.



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Document Created: 2015-12-15 15:20:41
Document Modified: 2015-12-15 15:20:41
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
ContactFred Baker, Deborah Scott, or Robert James at (202) 482-2924, (202) 482-2657, or (202) 482-0649, respectively; AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.
FR Citation80 FR 32090 

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