80_FR_76911 80 FR 76674 - Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2013-2014

80 FR 76674 - Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 237 (December 10, 2015)

Page Range76674-76676
FR Document2015-31188

On June 5, 2015, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on welded carbon steel standard pipe and tube products (welded pipe and tube) from Turkey.\1\ The period of review (POR) is May 1, 2013 through April 30, 2014. The review covers the following producers/exporters of the subject merchandise: Borusan Istikbal Ticaret T.A.S. and Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (collectively, Borusan); \2\ Toscelik Profil ve Sac Endustrisi A.S. and Tosyali Dis Ticaret A.S. (collectively, Toscelik); \3\ and ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan). Based on our analysis of the comments received, we have made certain changes in the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled, ``Final Results of the Review.'' Further, we find that one of the companies covered by this review had no shipments of subject merchandise during the POR. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 237 (Thursday, December 10, 2015)
[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)]
[Notices]
[Pages 76674-76676]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31188]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]


Welded Carbon Steel Standard Pipe and Tube Products From Turkey: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2013-2014

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

SUMMARY: On June 5, 2015, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on welded carbon steel standard pipe and tube 
products (welded pipe and tube) from Turkey.\1\ The period of review 
(POR) is May 1, 2013 through April 30, 2014. The review covers the 
following producers/exporters of the subject merchandise: Borusan 
Istikbal Ticaret T.A.S. and Borusan Mannesmann Boru Sanayi ve Ticaret 
A.S. (collectively, Borusan); \2\ Toscelik Profil ve Sac Endustrisi 
A.S. and Tosyali Dis Ticaret A.S. (collectively, Toscelik); \3\ and 
ERBOSAN Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan). Based on our 
analysis of the comments received, we have made certain changes in the 
margin calculations. Therefore, the final results differ from the 
preliminary results. The final weighted-average dumping margins for the 
reviewed firms are listed below in the section entitled, ``Final 
Results of the Review.'' Further, we find that one of the companies 
covered by this review had no shipments of subject merchandise during 
the POR.
---------------------------------------------------------------------------

    \1\ See Welded Carbon Steel Standard Pipe and Tube Products From 
Turkey: Preliminary Results of Antidumping Duty Administrative 
Review; 2013-2014, 80 FR 32090 (June 5, 2015) (Preliminary Results).
    \2\ As explained in the Preliminary Results, the Department 
treats Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan 
Istikbal Ticaret T.A.S. as the same legal entity. See Preliminary 
Results, 80 FR at 32090 and n. 3.
    \3\ As explained in the Preliminary Results, the Department 
treats Toscelik Profil ve Sac Endustrisi A.S. and Tosyali Dis 
Ticaret A.S. as the same legal entity. Id.

---------------------------------------------------------------------------
DATES: Effective date: December 10, 2015.

FOR FURTHER INFORMATION CONTACT: Fred Baker, Deborah Scott, or Robert 
James 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; telephone: 
(202) 482-2924, (202) 482-2657, and (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 5, 2015, the Department published the Preliminary Results 
of this review in the Federal Register. We invited parties to comment 
on the Preliminary Results. On July 26, 2015, we received a case brief 
from Toscelik. On July 27, 2015, we received case briefs from Allied 
Tube & Conduit and TMK IPSCO (petitioner) and from Borusan. On August 
10, 2015, we received rebuttal briefs from petitioner, Borusan, and 
Toscelik. The Department conducted this review in accordance with 
section 751(a)(2) of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The merchandise subject to the order is welded pipe and tube. The 
welded pipe and tube subject to the order is currently classifiable 
under subheading 7306.30.1000, 7306.30.5025, 7306.30.5032, 
7306.30.5040, 7306.30.5055, 7306.30.5085, and 7306.30.5090 of the 
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS 
subheadings are provided for convenience and customs purposes only. The 
written description is dispositive.\4\
---------------------------------------------------------------------------

    \4\ A full written description of the scope of the order is 
contained in the memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, ``Issues and 
Decision Memorandum for the Final Results of the Antidumping Duty 
Administrative Review: Welded Carbon Steel Standard Pipe and Tube 
Products from Turkey; 2013-2014,'' (Issues and Decision Memorandum), 
dated concurrently with this notice and which is incorporated herein 
by reference.
---------------------------------------------------------------------------

Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined 
that Erbosan had no shipments during the POR.\5\ Following publication 
of the Preliminary Results, we received no comments from interested 
parties regarding this company. As a consequence, and because the 
record contains no evidence to the contrary, we continue to find that 
Erbosan made no

[[Page 76675]]

shipments during the POR. Accordingly, consistent with the Department's 
practice, we intend to instruct U.S. Customs and Border Protection 
(CBP) to liquidate any existing entries of merchandise produced by 
Erbosan, but exported by other parties without their own rate, at the 
all-others rate.\6\
---------------------------------------------------------------------------

    \5\ See Preliminary Results, 80 FR at 32091 and the accompanying 
preliminary decision memorandum at 3-4.
    \6\ 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).
---------------------------------------------------------------------------

Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs submitted in this 
review are addressed in the Issues and Decision Memorandum, which is 
hereby adopted with this notice. A list of the issues raised is 
attached as an appendix to this notice. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and it is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the Preliminary Results. For a discussion of these changes, 
see Issues and Decision Memorandum.

Final Results of the Review

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.\7\...........        3.16
Toscelik Profil ve Sac Endustrisi A.S.\8\...................        0.00
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed for these final 
results of review within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
---------------------------------------------------------------------------

    \7\ Also includes Borusan Istikbal Ticaret T.A.S. See footnote 
3.
    \8\ Also includes Tosyali Dis Ticaret A.S. See footnote 2.
---------------------------------------------------------------------------

Assessment

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries covered by this review pursuant to 
section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).
    For Borusan, because its weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent), the Department has 
calculated importer-specific antidumping duty assessment rates. We 
calculated importer-specific ad valorem antidumping duty assessment 
rates by aggregating the total amount of dumping calculated for the 
examined sales of each importer and dividing each of these amounts by 
the total entered value associated with those sales. We will instruct 
CBP to assess antidumping duties on all appropriate entries covered by 
this review where an importer-specific assessment rate is not zero or 
de minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to 
liquidate without regard to antidumping duties any entries for which 
the importer-specific assessment rate is zero or de minimis.
    For Toscelik, we will instruct CBP to liquidate its entries during 
the POR imported by the importers identified in its questionnaire 
responses without regard to antidumping duties because its weighted-
average dumping margin in these final results is zero.\9\ Consistent 
with the Department's assessment practice, for entries of subject 
merchandise during the POR produced by Borusan, Erbosan, or Toscelik 
for which they did not know that the merchandise was destined for the 
United States, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\10\
---------------------------------------------------------------------------

    \9\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8103, 8103 (February 14, 
2012).
    \10\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review, as provided by section 751(a)(2) of the 
Act: (1) The cash deposit rates for Borusan and Toscelik will be equal 
to the weighted-average dumping margins established in the final 
results of this review; (2) for previously reviewed or investigated 
companies not participating in this review, the cash deposit rate will 
continue to be the company-specific rate published for the most 
recently completed segment of this proceeding in which the company was 
reviewed; (3) if the exporter is not a firm covered in this review, a 
previous review, or the original less-than-fair-value (LTFV) 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recently completed segment of this 
proceeding for the manufacturer of subject merchandise; and (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 14.74 percent, the all-others rate established in the 
LTFV investigation.\11\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \11\ 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 serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply

[[Page 76676]]

with the regulations and terms of an APO is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 2, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues

General Comments

1. Duty Drawback
2. Duty Drawback and Treatment of the Resource Utilization Support 
Fund
3. Deducting Certain Expenses from the Duty Drawback Calculation
4. Making a Duty Drawback Adjustment to Normal Value and/or Capping 
the U.S. Duty Drawback Adjustment
5. Treatment of Duty Drawback in the Cash Deposit Rate and 
Assessment Rate
6. Other Arguments Related to Duty Drawback
7. Differential Pricing Analysis Should Not Be Used Because the 
Cohen's d Test Does Not Measure Targeted or Masked Dumping
8. Differential Pricing Analysis Reasoning for Use of Average-to-
Transaction Comparison Methodology is Arbitrary and Unlawful

Company-Specific Comments

Borusan

9. Duty Drawback and Treatment of the Yield Loss Factor
10. Home Market Sales of Overruns and the Ordinary Course of Trade
11. Domestic Inland Freight Expenses
12. International Freight Expenses

Toscelik

13. Billing Adjustments
14. Duty Drawback
15. Duty Drawback Adjustment to Cost
16. Toscelik's Net Financial Expense
    Recommendation

[FR Doc. 2015-31188 Filed 12-9-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  76674                     Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Notices

                                                  lodging, most meals, local ground                       Washington, DC, Tel: (202) 482–1706,                  FOR FURTHER INFORMATION CONTACT:    Fred
                                                  transportation, except as stated in the                 Email: jeffrey.goldberg@trade.gov.                    Baker, Deborah Scott, or Robert James
                                                  proposed agenda, and air transportation                                                                       AD/CVD Operations, Office VI,
                                                                                                          Frank Spector,
                                                  from the United States to the mission                                                                         Enforcement and Compliance,
                                                                                                          Acting Director, Trade Missions Program.
                                                  site and return to the United States.                                                                         International Trade Administration,
                                                                                                          [FR Doc. 2015–31144 Filed 12–9–15; 8:45 am]           U.S. Department of Commerce, 14th
                                                  Timeline for Recruitment and                            BILLING CODE 3510–DR–P                                Street and Constitution Avenue NW.,
                                                  Applications                                                                                                  Washington, DC 20230; telephone: (202)
                                                     Mission recruitment will be                                                                                482–2924, (202) 482–2657, and (202)
                                                                                                          DEPARTMENT OF COMMERCE                                482–0649, respectively.
                                                  conducted in an open and public
                                                  manner, including publication in the                    International Trade Administration                    SUPPLEMENTARY INFORMATION:
                                                  Federal Register, posting on the                        [A–489–501]                                           Background
                                                  Commerce Department trade mission                                                                               On June 5, 2015, the Department
                                                  calendar (http://export.gov/industry/                   Welded Carbon Steel Standard Pipe                     published the Preliminary Results of
                                                  education/) and other Internet Web                      and Tube Products From Turkey: Final                  this review in the Federal Register. We
                                                  sites, press releases to general and trade              Results of Antidumping Duty                           invited parties to comment on the
                                                  media, direct mail, notices by industry                 Administrative Review and Final                       Preliminary Results. On July 26, 2015,
                                                  trade associations and other multiplier                 Determination of No Shipments; 2013–                  we received a case brief from Toscelik.
                                                  groups, and publicity at industry                       2014                                                  On July 27, 2015, we received case
                                                  meetings, symposia, conferences, and                                                                          briefs from Allied Tube & Conduit and
                                                                                                          AGENCY:   Enforcement and Compliance,
                                                  trade shows. Recruitment for the                                                                              TMK IPSCO (petitioner) and from
                                                                                                          International Trade Administration,
                                                  mission will begin immediately and                                                                            Borusan. On August 10, 2015, we
                                                                                                          Department of Commerce.
                                                  conclude no later than March 1, 2016.                                                                         received rebuttal briefs from petitioner,
                                                                                                          SUMMARY: On June 5, 2015, the
                                                  Applications for the mission will be                                                                          Borusan, and Toscelik. The Department
                                                  accepted on a rolling basis. Applications               Department of Commerce (the
                                                                                                          Department) published the preliminary                 conducted this review in accordance
                                                  received after March 1, 2016, will be                                                                         with section 751(a)(2) of the Tariff Act
                                                  considered only if space and scheduling                 results of the administrative review of
                                                                                                          the antidumping duty order on welded                  of 1930, as amended (the Act).
                                                  constraints permit.
                                                                                                          carbon steel standard pipe and tube                   Scope of the Order
                                                  Conditions for Participation                            products (welded pipe and tube) from                     The merchandise subject to the order
                                                                                                          Turkey.1 The period of review (POR) is                is welded pipe and tube. The welded
                                                    An applicant must submit a timely,                    May 1, 2013 through April 30, 2014.
                                                  completed and signed mission                                                                                  pipe and tube subject to the order is
                                                                                                          The review covers the following                       currently classifiable under subheading
                                                  application and supplemental                            producers/exporters of the subject
                                                  application materials, including                                                                              7306.30.1000, 7306.30.5025,
                                                                                                          merchandise: Borusan Istikbal Ticaret                 7306.30.5032, 7306.30.5040,
                                                  adequate information on course                          T.A.S. and Borusan Mannesmann Boru                    7306.30.5055, 7306.30.5085, and
                                                  offerings, primary market objectives,                   Sanayi ve Ticaret A.S. (collectively,                 7306.30.5090 of the Harmonized Tariff
                                                  and goals for participation. The                        Borusan); 2 Toscelik Profil ve Sac                    Schedule of the United States (HTSUS).
                                                  institution must have appropriate                       Endustrisi A.S. and Tosyali Dis Ticaret               The HTSUS subheadings are provided
                                                  accreditation as specified per paragraph                A.S. (collectively, Toscelik); 3 and                  for convenience and customs purposes
                                                  one above. The institution must be                      ERBOSAN Erciyas Boru Sanayi ve                        only. The written description is
                                                  represented at the student fair by an                   Ticaret A.S. (Erbosan). Based on our                  dispositive.4
                                                  employee. No agents will be allowed to                  analysis of the comments received, we
                                                  represent a school on the mission or                    have made certain changes in the                      Final Determination of No Shipments
                                                  participate at the student fair. Agents                 margin calculations. Therefore, the final               In the Preliminary Results, the
                                                  will also not be allowed into the fairs to              results differ from the preliminary                   Department preliminarily determined
                                                  solicit new partnerships. If the                        results. The final weighted-average                   that Erbosan had no shipments during
                                                  Department of Commerce receives an                      dumping margins for the reviewed firms                the POR.5 Following publication of the
                                                  incomplete application, the Department                  are listed below in the section entitled,             Preliminary Results, we received no
                                                  may reject the application, request                     ‘‘Final Results of the Review.’’ Further,             comments from interested parties
                                                  additional information, or take the lack                we find that one of the companies                     regarding this company. As a
                                                  of information into account when                        covered by this review had no                         consequence, and because the record
                                                  evaluating the applications.                            shipments of subject merchandise                      contains no evidence to the contrary, we
                                                                                                          during the POR.                                       continue to find that Erbosan made no
                                                    Participants must travel to both stops
                                                                                                          DATES: Effective date: December 10,
                                                  in Panama and Honduras on the
                                                  mission. Guatemala is the only optional                 2015.                                                    4 A full written description of the scope of the

                                                                                                                                                                order is contained in the memorandum from Gary
                                                  stop.                                                     1 See Welded Carbon Steel Standard Pipe and         Taverman, Associate Deputy Assistant Secretary for
                                                    Each applicant must certify that the                  Tube Products From Turkey: Preliminary Results of     Antidumping and Countervailing Duty Operations,
                                                                                                          Antidumping Duty Administrative Review; 2013–         to Christian Marsh, Deputy Assistant Secretary for
                                                  services it seeks to export through the                                                                       Antidumping and Countervailing Duty Operations,
                                                                                                          2014, 80 FR 32090 (June 5, 2015) (Preliminary
                                                  mission are either produced in the                      Results).                                             ‘‘Issues and Decision Memorandum for the Final
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  United States, or, if not, marketed under                 2 As explained in the Preliminary Results, the      Results of the Antidumping Duty Administrative
                                                  the name of a U.S. firm and have at least               Department treats Borusan Mannesmann Boru             Review: Welded Carbon Steel Standard Pipe and
                                                                                                          Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret   Tube Products from Turkey; 2013–2014,’’ (Issues
                                                  51 percent U.S. content of the value of                                                                       and Decision Memorandum), dated concurrently
                                                                                                          T.A.S. as the same legal entity. See Preliminary
                                                  the service.                                            Results, 80 FR at 32090 and n. 3.                     with this notice and which is incorporated herein
                                                                                                            3 As explained in the Preliminary Results, the      by reference.
                                                  FOR FURTHER INFORMATION CONTACT:                                                                                 5 See Preliminary Results, 80 FR at 32091 and the
                                                                                                          Department treats Toscelik Profil ve Sac Endustrisi
                                                  Jeffrey Goldberg, Industry & Analysis,                  A.S. and Tosyali Dis Ticaret A.S. as the same legal   accompanying preliminary decision memorandum
                                                  Office of Trade Promotion Programs,                     entity. Id.                                           at 3–4.



                                             VerDate Sep<11>2014   19:33 Dec 09, 2015   Jkt 238001   PO 00000   Frm 00021   Fmt 4703   Sfmt 4703   E:\FR\FM\10DEN1.SGM   10DEN1


                                                                                    Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Notices                                                  76675

                                                  shipments during the POR. Accordingly,                             Disclosure                                           Cash Deposit Requirements
                                                  consistent with the Department’s                                     We intend to disclose the calculations               The following cash deposit
                                                  practice, we intend to instruct U.S.                               performed for these final results of                 requirements will be effective for all
                                                  Customs and Border Protection (CBP) to                             review within five days of the date of               shipments of subject merchandise
                                                  liquidate any existing entries of                                  publication of this notice in the Federal            entered, or withdrawn from warehouse,
                                                  merchandise produced by Erbosan, but                               Register, in accordance with 19 CFR                  for consumption on or after the
                                                  exported by other parties without their                            351.224(b).                                          publication date of the final results of
                                                  own rate, at the all-others rate.6                                                                                      this administrative review, as provided
                                                                                                                     Assessment
                                                  Analysis of the Comments Received                                                                                       by section 751(a)(2) of the Act: (1) The
                                                                                                                        The Department shall determine, and               cash deposit rates for Borusan and
                                                                                                                     CBP shall assess, antidumping duties on              Toscelik will be equal to the weighted-
                                                     All issues raised in the case and
                                                                                                                     all appropriate entries covered by this              average dumping margins established in
                                                  rebuttal briefs submitted in this review
                                                                                                                     review pursuant to section 751(a)(2)(C)
                                                  are addressed in the Issues and Decision                                                                                the final results of this review; (2) for
                                                                                                                     of the Act and 19 CFR 351.212(b).
                                                  Memorandum, which is hereby adopted                                                                                     previously reviewed or investigated
                                                                                                                        For Borusan, because its weighted-
                                                  with this notice. A list of the issues                             average dumping margin is not zero or                companies not participating in this
                                                  raised is attached as an appendix to this                          de minimis (i.e., less than 0.5 percent),            review, the cash deposit rate will
                                                  notice. The Issues and Decision                                    the Department has calculated importer-              continue to be the company-specific rate
                                                  Memorandum is a public document and                                specific antidumping duty assessment                 published for the most recently
                                                  is on file electronically via Enforcement                          rates. We calculated importer-specific               completed segment of this proceeding in
                                                  and Compliance’s Antidumping and                                   ad valorem antidumping duty                          which the company was reviewed; (3) if
                                                  Countervailing Duty Centralized                                    assessment rates by aggregating the total            the exporter is not a firm covered in this
                                                  Electronic Service System (ACCESS).                                amount of dumping calculated for the                 review, a previous review, or the
                                                  ACCESS is available to registered users                            examined sales of each importer and                  original less-than-fair-value (LTFV)
                                                  at http://access.trade.gov and it is                               dividing each of these amounts by the                investigation, but the manufacturer is,
                                                  available to all parties in the Central                            total entered value associated with those            the cash deposit rate will be the rate
                                                                                                                     sales. We will instruct CBP to assess                established for the most recently
                                                  Records Unit, Room B8024 of the main
                                                                                                                     antidumping duties on all appropriate                completed segment of this proceeding
                                                  Department of Commerce building. In
                                                                                                                     entries covered by this review where an              for the manufacturer of subject
                                                  addition, a complete version of the
                                                                                                                     importer-specific assessment rate is not             merchandise; and (4) the cash deposit
                                                  Issues and Decision Memorandum can                                                                                      rate for all other manufacturers or
                                                  be accessed directly at http://                                    zero or de minimis. Pursuant to 19 CFR
                                                                                                                     351.106(c)(2), we will instruct CBP to               exporters will continue to be 14.74
                                                  enforcement.trade.gov/frn/index.html.                                                                                   percent, the all-others rate established
                                                  The signed Issues and Decision                                     liquidate without regard to antidumping
                                                                                                                     duties any entries for which the                     in the LTFV investigation.11 These
                                                  Memorandum and the electronic                                                                                           deposit requirements, when imposed,
                                                  versions of the Issues Decision                                    importer-specific assessment rate is zero
                                                                                                                     or de minimis.                                       shall remain in effect until further
                                                  Memorandum are identical in content.                                                                                    notice.
                                                                                                                        For Toscelik, we will instruct CBP to
                                                  Changes Since the Preliminary Results                              liquidate its entries during the POR                 Notification to Importers
                                                                                                                     imported by the importers identified in
                                                    Based on our analysis of the                                     its questionnaire responses without                     This notice serves as a final reminder
                                                  comments received, we made certain                                 regard to antidumping duties because its             to importers of their responsibility
                                                  changes to the Preliminary Results. For                            weighted-average dumping margin in                   under 19 CFR 351.402(f)(2) to file a
                                                  a discussion of these changes, see Issues                          these final results is zero.9 Consistent             certificate regarding the reimbursement
                                                  and Decision Memorandum.                                           with the Department’s assessment                     of antidumping duties prior to
                                                                                                                     practice, for entries of subject                     liquidation of the relevant entries
                                                  Final Results of the Review                                        merchandise during the POR produced                  during this review period. Failure to
                                                    As a result of this review, we                                   by Borusan, Erbosan, or Toscelik for                 comply with this requirement could
                                                  determine that the following weighted-                             which they did not know that the                     result in the Secretary’s presumption
                                                  average dumping margins exist for the                              merchandise was destined for the                     that reimbursement of antidumping
                                                  period May 1, 2013 through April 30,                               United States, we will instruct CBP to               duties occurred and the subsequent
                                                  2014:                                                              liquidate unreviewed entries at the all-             assessment of double antidumping
                                                                                                                     others rate if there is no rate for the              duties.
                                                                                                     Weighted-       intermediate company(ies) involved in
                                                                                                                                                                          Administrative Protective Orders
                                                                                                      average        the transaction.10
                                                          Producer or exporter                       dumping            We intend to issue instructions to                  This notice also serves as a reminder
                                                                                                       margin        CBP 15 days after publication of the                 to parties subject to administrative
                                                                                                     (percent)       final results of this review.                        protective order (APO) of their
                                                  Borusan Mannesmann Boru
                                                                                                                                                                          responsibility concerning the
                                                                                                                       7 Also includes Borusan Istikbal Ticaret T.A.S.
                                                    Sanayi ve Ticaret A.S.7 ..........                        3.16                                                        destruction of proprietary information
                                                                                                                     See footnote 3.
                                                  Toscelik Profil ve Sac Endustrisi                                    8 Also includes Tosyali Dis Ticaret A.S. See
                                                                                                                                                                          disclosed under APO in accordance
                                                    A.S.8 ........................................            0.00   footnote 2.                                          with 19 CFR 351.305(a)(3). Timely
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                                                                                                                       9 See Antidumping Proceeding: Calculation of the   written notification of the return or
                                                                                                                     Weighted-Average Dumping Margin and                  destruction of APO materials or
                                                    6 See, e.g. Magnesium Metal From the Russian                     Assessment Rate in Certain Antidumping Duty          conversion to judicial protective order is
                                                  Federation: Preliminary Results of Antidumping                     Proceedings; Final Modification, 77 FR 8103, 8103
                                                                                                                     (February 14, 2012).
                                                                                                                                                                          hereby requested. Failure to comply
                                                  Duty Administrative Review, 75 FR 26922, 26923
                                                  (May 13, 2010), unchanged in Magnesium Metal                         10 For a full discussion of this practice, see

                                                  From the Russian Federation: Final Results of                      Antidumping and Countervailing Duty Proceedings:       11 See Antidumping Duty Order; Welded Carbon

                                                  Antidumping Duty Administrative Review, 75 FR                      Assessment of Antidumping Duties, 68 FR 23954        Steel Standard Pipe and Tube Products From
                                                  56989 (September 17, 2010).                                        (May 6, 2003).                                       Turkey, 51 FR 17784 (May 15, 1986).



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                                                  76676                     Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Notices

                                                  with the regulations and terms of an                    ACTION: Notice, recommendation;                       workers and the public.’’ As a point of
                                                  APO is a sanctionable violation.                        correction.                                           clarification, the Department of Energy
                                                    We are issuing and publishing these                                                                         (DOE) demonstrates adequate protection
                                                  results in accordance with sections                     SUMMARY:   The Defense Nuclear                        of workers, the public and the
                                                  751(a)(1) and 777(i)(1) of the Act.                     Facilities Safety Board (Board)                       environment as an integral part of
                                                                                                          published a notice of a recommendation
                                                    Dated: December 2, 2015.                                                                                    operating a nuclear facility like that
                                                                                                          to the Secretary of Energy in the Federal
                                                  Christian Marsh,                                                                                              situated at the Pantex Plant. To this end,
                                                                                                          Register of December 3, 2015, (80 FR
                                                  Deputy Assistant Secretary for Antidumping              75665), concerning emergency                          the Department has put in place a
                                                  and Countervailing Duty Operations.                                                                           system of requirements, standards,
                                                                                                          preparedness at the Pantex Plant. The
                                                  Appendix—List of Topics Discussed in                    Board corrects that notice by providing               policies and guidance that, when
                                                  the Issues and Decision Memorandum                      the additional information as set forth               effectively implemented, not only
                                                                                                          below.                                                provide reasonable assurance of
                                                  Summary
                                                                                                                                                                adequate protection, but takes a very
                                                  Background                                              FOR FURTHER INFORMATION CONTACT:
                                                  Scope of the Order                                                                                            conservative approach to ensure such
                                                                                                          Mark Welch, General Manager, Defense
                                                  Discussion of the Issues                                                                                      protection. Functions such as
                                                                                                          Nuclear Facilities Safety Board, 625
                                                                                                                                                                emergency management provide that
                                                  General Comments                                        Indiana Avenue NW., Suite 700,
                                                                                                          Washington, DC 20004–2901, or                         additional conservatism and margin of
                                                  1. Duty Drawback
                                                                                                          telephone number (202) 694–7000.                      protection. We are confident that, even
                                                  2. Duty Drawback and Treatment of the
                                                       Resource Utilization Support Fund                                                                        with deficiencies identified by the
                                                  3. Deducting Certain Expenses from the Duty             Correction                                            DNFSB, the Pantex Emergency
                                                       Drawback Calculation                                 In the Federal Register of December 3,              Management Program can perform its
                                                  4. Making a Duty Drawback Adjustment to                 2015, in FR Doc. 2015–30562, on page                  role to ensure this protection.
                                                       Normal Value and/or Capping the U.S.                                                                     Accordingly, DOE recommends
                                                                                                          75673, in the first column, after line 37,
                                                       Duty Drawback Adjustment
                                                  5. Treatment of Duty Drawback in the Cash               add the following information:                        removing the phrase: ‘‘in order to
                                                       Deposit Rate and Assessment Rate                                                                         provide an adequate protection to the
                                                                                                          CORRESPONDENCE FROM THE
                                                  6. Other Arguments Related to Duty                                                                            public and the workers’’ in justifying
                                                                                                          SECRETARY
                                                       Drawback                                                                                                 the need for the draft recommendation.
                                                  7. Differential Pricing Analysis Should Not             Department of Energy
                                                       Be Used Because the Cohen’s d Test                                                                          To increase protection assurances and
                                                                                                          Under Secretary for Nuclear Security
                                                       Does Not Measure Targeted or Masked                Administrator, National Nuclear                       drive improvement in an effective and
                                                       Dumping                                            Security Administration                               efficient manner, I suggest that the best
                                                  8. Differential Pricing Analysis Reasoning for                                                                approach to address the concerns
                                                       Use of Average-to-Transaction
                                                                                                          Washington, DC 20585
                                                                                                          November 4, 2015                                      identified in your Draft
                                                       Comparison Methodology is Arbitrary
                                                       and Unlawful
                                                                                                                                                                Recommendation is to incorporate
                                                                                                          The Honorable Joyce L. Connery
                                                                                                                                                                ongoing NNSA performance
                                                  Company-Specific Comments                               Chairman
                                                                                                                                                                improvement initiatives and
                                                                                                          Defense Nuclear Facilities Safety Board
                                                  Borusan                                                 65 Indiana Avenue NW., Suite 700                      enhancements into the existing
                                                  9. Duty Drawback and Treatment of the Yield             Washington, DC 20004                                  implementation plans for
                                                       Loss Factor                                                                                              Recommendation 2014–1. This
                                                  10. Home Market Sales of Overruns and the               Dear Madam Chairman:
                                                                                                                                                                approach would enable the Department
                                                       Ordinary Course of Trade                              On behalf of the Secretary, thank you              to take a holistic, integrated approach to
                                                  11. Domestic Inland Freight Expenses                    for the opportunity to review the                     making the needed improvements at
                                                  12. International Freight Expenses                      Defense Nuclear Facilities Safety Board               Pantex.
                                                  Toscelik                                                (DNFSB) Draft Recommendation 2015–
                                                                                                          1, Emergency Preparedness and                            We appreciate the DNFSB’s
                                                  13. Billing Adjustments
                                                                                                          Response at the Pantex Plant. The                     perspective and look forward to
                                                  14. Duty Drawback
                                                  15. Duty Drawback Adjustment to Cost                    National Nuclear Security                             continued positive interactions with
                                                  16. Toscelik’s Net Financial Expense                    Administration (NNSA) has established                 you and your staff to include Pantex-
                                                    Recommendation                                        specific performance goals for the                    specific actions and milestones in the
                                                  [FR Doc. 2015–31188 Filed 12–9–15; 8:45 am]             Pantex Emergency Management                           existing Implementation Plan for
                                                  BILLING CODE 3510–DS–P                                  Program, to include improvements in                   Recommendation 2014–1.
                                                                                                          the three areas highlighted by the Draft                 If you have any questions, please
                                                                                                          Recommendation 2015–1. These goals                    contact me or Mr. Geoffrey Beausoleil,
                                                  DEFENSE NUCLEAR FACILITIES                              are consistent with the mutually agreed-              Manager, NNSA Production Office, at
                                                  SAFETY BOARD                                            upon benefits of implementing the                     865–576–0752.
                                                                                                          DNFSB Recommendation 2014–1.
                                                  [Recommendation 2015–1]                                    The draft Recommendation’s risk                    Sincerely,
                                                                                                          assessment states: ‘‘it is not possible to            Frank G. Klotz
                                                  Emergency Preparedness and
                                                                                                          do a quantitative assessment of the risk
                                                  Response at the Pantex Plant
                                                                                                          of these [the Pantex Emergency
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                                                  AGENCY: Defense Nuclear Facilities                      Management Program] elements to
                                                  Safety Board.                                           provide adequate protection of the




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Document Created: 2015-12-14 13:29:18
Document Modified: 2015-12-14 13:29:18
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 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; telephone: (202) 482-2924, (202) 482-2657, and (202) 482-0649, respectively.
FR Citation80 FR 76674 

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