81_FR_47495 81 FR 47355 - Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Final Determination of Sales at Less Than Fair Value

81 FR 47355 - Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 140 (July 21, 2016)

Page Range47355-47357
FR Document2016-17316

The Department of Commerce (the Department) determines that heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes and tubes) from the Republic of Turkey (Turkey) are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 735(a) of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is July 1, 2014, through June 30, 2015. The final dumping margins of sales at LTFV are listed below in the ``Final Determination'' section of this notice.

Federal Register, Volume 81 Issue 140 (Thursday, July 21, 2016)
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Notices]
[Pages 47355-47357]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17316]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-824]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
the Republic of Turkey: Final Determination of Sales at Less Than Fair 
Value

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

SUMMARY: The Department of Commerce (the Department) determines that 
heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes 
and tubes) from the Republic of Turkey (Turkey) are being, or are 
likely to be, sold in the United States at less than fair value (LTFV), 
as provided in section 735(a) of the Tariff Act of 1930, as amended 
(the Act). The period of investigation (POI) is July 1, 2014, through 
June 30, 2015. The final dumping margins of sales at LTFV are listed 
below in the ``Final Determination'' section of this notice.

DATES: Effective July 21, 2016.

FOR FURTHER INFORMATION CONTACT: Ross Belliveau or Rebecca Trainor, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4952 and (202) 482-4007, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 1, 2016,\1\ the Department published the Preliminary 
Determination. A summary of the events that occurred since the 
Department published the Preliminary Determination, as well as a full 
discussion of the issues raised by parties for this final 
determination, may be found in the Issues and Decision Memorandum, 
which is hereby adopted by this notice.\2\
---------------------------------------------------------------------------

    \1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Turkey: Final Determination of Sales at 
Less Than Fair Value, 81 FR 10583 (March 1, 2016) (Preliminary 
Determination).
    \2\ See Memorandum to Paul Piquado, ``Issues and Decision 
Memorandum for the Final Affirmative Determination in the Less-Than-
Fair-Value Investigation of Heavy Walled Rectangular Welded Carbon 
Steel Pipes and Tubes from the Republic of Turkey,'' dated 
concurrently with this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The scope of the investigation covers HWR pipes and tubes of 
rectangular (including square) cross section, having a nominal wall 
thickness of not less than 4 mm. For a complete description of the 
scope of the investigation, see Appendix I.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision Memorandum. 
A list of the issues raised is attached to this notice as Appendix II. 
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 https://access.trade.gov and 
it is available to all parties in the Central Records Unit, room B-8024 
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 and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Verification

    As provided in section 782(i) of the Act, in March and April 2016, 
we conducted verification of the sales and cost information submitted 
by MMZ Boru Profil Uretim Sanayi Ve Tic. A.S. (MMZ) and Ozdemir Boru 
Profil San. Ve Tic. Ltd. Sti. (Ozdemir) for use in our final 
determination. We used standard verification procedures, including an 
examination of relevant accounting and production records, and original 
source documents provided by MMZ and Ozdemir.\3\
---------------------------------------------------------------------------

    \3\ For discussion of our verification findings with respect to 
each company, see the following memoranda: Memorandum to the File 
from Rebecca Trainor and Aqmar Rahman, ``Verification of the Sales 
Response of MMZ Onur Boru Profil Uretim Sanayi Ve Tic. A.S. in the 
Antidumping Duty Investigation of Heavy Walled Rectangular Welded 
Carbon Steel Pipes and Tubes from Turkey,'' dated May 16, 2016; 
Memorandum to the File from Gary Urso and Stephanie Arthur, 
``Verification of the Cost Response of MMZ Onur Boru Profil Uretim 
Sanayi. Ve Tic. in the Antidumping Duty Less Than Fair Value 
Investigation of Heavy Walled Rectangular Welded Carbon Steel Pipes 
and Tubes from the Republic of Turkey,'' dated May 6, 2016; 
Memorandum to the File from Ross Belliveau, ``Verification of the 
Sales Response of Ozdemir Boru Profil San. Ve Tic. Ltd. Sti. in the 
Antidumping Duty Investigation of Heavy Walled Rectangular Welded 
Carbon Steel Pipes and Tubes from Turkey,'' dated May 17, 2016; and 
Memorandum to the File from Stephanie Arthur and Gary Urso, 
``Verification of the Cost Response of Ozdemir Boru Profil San. Ve 
Tic. Ltd. Sti. in the Antidumping Duty Less Than Fair Value 
Investigation of Heavy Walled Rectangular Welded Carbon Steel Pipes 
and Tubes from the Republic of Turkey,'' dated May 6, 2016.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination and Use of Adverse Facts 
Available

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
Ozdemir. In addition, we revised the margin for MMZ to reflect the 
application of facts available with an adverse inference, pursuant to 
sections 776(a)(1), 776(a)(2)(A), (C), and (D), and 776(b) of the Act. 
For a discussion of these changes, see the Issues and Decision 
Memorandum. We also revised the all-others rate as explained below.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted-average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated excluding any zero or de 
minimis margins, and

[[Page 47356]]

margins determined entirely under section 776 of the Act. Pursuant to 
section 735(c)(5)(B) of the Act, if the estimated weighted-average 
dumping margins established for all exporters and producers 
individually examined are zero, de minimis or determined based entirely 
under section 776 of the Act, the Department may use any reasonable 
method to establish the estimated dumping margin for all other 
producers or exporters. We calculated a margin of zero percent for the 
only cooperative mandatory respondent in this investigation, Ozdemir, 
and applied a margin based entirely on adverse facts available (AFA) 
for MMZ. Therefore, pursuant to section 735(c)(5)(B) of the Act, we 
determine that it is reasonable to calculate the all-others rate based 
on a simple average of Ozdemir's zero percent margin and MMZ's AFA 
margin.\4\
---------------------------------------------------------------------------

    \4\ See e.g., Notice of Final Determination of Sales at Less 
Than Fair Value: Polyethylene Retail Carrier Bags From Malaysia, 69 
FR 34128 (June 18, 2004).
---------------------------------------------------------------------------

Final Determination

    The final weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                             Weighted-
                                              average
          Exporter/Manufacturer               dumping      Cash deposit
                                              margins     rate (percent)
                                             (percent)
------------------------------------------------------------------------
MMZ Boru Profil Uretim Sanayi Ve Tic.              35.66           35.66
 A.S....................................
Ozdemir Boru Profil San. Ve Tic. Ltd.               0.00            0.00
 Sti....................................
All Others..............................           17.83           17.73
------------------------------------------------------------------------

Disclosure

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

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of HWR pipes and tubes 
from Turkey, as described in Appendix I of this notice, which were 
entered, or withdrawn from warehouse, for consumption on or after March 
1, 2016, the date of publication of the preliminary determination of 
this investigation in the Federal Register. In the event an AD order is 
issued, because Ozdemir's weighted-average dumping margin is zero, 
Ozdemir would be excluded from the AD order.
    Further, the Department will instruct CBP to require a cash deposit 
equal to the estimated amount by which the normal value exceeds the 
U.S. price as shown above, adjusted where appropriate for export 
subsidies found in the final determination of the companion 
countervailing duty investigation. Consistent with our longstanding 
practice, where the product under investigation is also subject to a 
concurrent countervailing duty investigation, we instruct CBP to 
require a cash deposit equal to the amount by which the NV exceeds the 
U.S. price, less the amount of the countervailing duty determined to 
constitute any export subsidies.\5\ Therefore, in the event that a 
countervailing duty order is issued and suspension of liquidation is 
resumed in the companion countervailing duty investigation on HWR pipes 
and tubes from Turkey, the Department will instruct CBP to require cash 
deposits adjusted by the amount of export subsidies, as appropriate. 
These adjustments are reflected in the final column of the rate chart, 
above.\6\ Until such suspension of liquidation is resumed in the 
companion countervailing duty investigation, and so long as suspension 
of liquidation continues under this antidumping duty investigation, the 
cash deposit rates for this antidumping duty investigation will be the 
rates identified in the weighted-average margin column in the rate 
chart, above.
---------------------------------------------------------------------------

    \5\ See, e.g., Welded Line Pipe From the Republic of Turkey: 
Final Determination of Sales at Less Than Fair Value, 80 FR 61362 
(October 13, 2015) and Notice of Final Determination of Sales at 
Less Than Fair Value and Negative Critical Circumstances 
Determination: Bottom Mount Combination Refrigerator-Freezers From 
the Republic of Korea, 77 FR 17413 (March 26, 2012).
    \6\ See Memorandum to the File from Rebecca Trainor, 
``Calculation of the All Others Rate,'' dated concurrently with this 
notice.
---------------------------------------------------------------------------

International Trade Comission (ITC) Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of the final affirmative determination of sales at LTFV. Because 
the final determination in this proceeding is affirmative, in 
accordance with section 735(b)(2) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of HWR pipes and tubes from Turkey no later than 45 
days after our final determination. If the ITC determines that material 
injury or threat of material injury does not exist, the proceeding will 
be terminated and all cash deposits will be refunded. If the ITC 
determines that such injury does exist, the Department will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Orders (APO)

    This notice serves as a reminder to parties subject to APO of their 
responsibility concerning the disposition of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and the terms of an APO is a 
sanctionable violation.
    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act.

    Dated: July 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products covered by this investigation are certain heavy 
walled rectangular welded steel pipes and tubes of rectangular 
(including square) cross section, having a nominal wall thickness of 
not less than 4 mm. The merchandise includes, but is not limited to, 
the American Society for Testing and Materials (ASTM) A-500, grade B 
specifications, or comparable domestic or foreign specifications.

[[Page 47357]]

    Included products are those in which: (1) Iron predominates, by 
weight, over each of the other contained elements; (2) the carbon 
content is 2 percent or less, by weight; and (3) none of the 
elements below exceeds the quantity, by weight, respectively 
indicated:
     2.50 percent of manganese, or
     3.30 percent of silicon, or
     1.50 percent of copper, or
     1.50 percent of aluminum, or
     1.25 percent of chromium, or
     0.30 percent of cobalt, or
     0.40 percent of lead, or
     2.0 percent of nickel, or
     0.30 percent of tungsten, or
     0.80 percent of molybdenum, or
     0.10 percent of niobium (also called columbium), or
     0.30 percent of vanadium, or
     0.30 percent of zirconium.
    The subject merchandise is currently provided for in item 
7306.61.1000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Subject merchandise may also enter under HTSUS 
7306.61.3000. While the HTSUS subheadings and ASTM specification are 
provided for convenience and customs purposes, the written 
description of the scope of this investigation is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Application of Facts Available and Use of Adverse Inference
VI. Discussion of the Issues
    1. Assignment of Margin Based on AFA to MMZ
    2. Weight Basis for Comparison Methodology
    3. Calculation of Duty Drawback Adjustment
    4. Which DIIBs to Include in Calculating the Duty Drawback 
Adjustment
    5. Offset of Duty Drawback Adjustment for Related Expenses
    6. Application of the Duty Drawback Adjustment in the Margin 
Program
    7. U.S. Date of Sale
    8. Short-Term Interest Rate in the Home Market
    9. Returns
    10. Adjustments to Ozdemir's Cost of Manufacturing
    11. Reallocation of Costs for Non-Prime Merchandise
VII. Recommendation

[FR Doc. 2016-17316 Filed 7-20-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                                                   Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices                                                      47355

                                                       (2) Title;                                            LTFV are listed below in the ‘‘Final                    electronic versions of the Issues and
                                                       (3) Work phone; fax; and email                        Determination’’ section of this notice.                 Decision Memorandum are identical in
                                                    address;                                                 DATES: Effective July 21, 2016.                         content.
                                                       (4) Organization name and address,                    FOR FURTHER INFORMATION CONTACT: Ross                   Verification
                                                    including Web site address;                              Belliveau or Rebecca Trainor, AD/CVD
                                                       (5) Short biography of nominee,                       Operations, Office II, Enforcement and                     As provided in section 782(i) of the
                                                    including written certification of U.S.                  Compliance, International Trade                         Act, in March and April 2016, we
                                                    citizenship (this may take form of the                   Administration, U.S. Department of                      conducted verification of the sales and
                                                    statement ‘‘I am a citizen of the United                 Commerce, 14th Street and Constitution                  cost information submitted by MMZ
                                                    States’’) and a list of citizenships of                  Avenue NW., Washington, DC 20230;                       Boru Profil Uretim Sanayi Ve Tic. A.S.
                                                    foreign countries;                                       telephone: (202) 482–4952 and (202)                     (MMZ) and Ozdemir Boru Profil San. Ve
                                                       (6) Brief description of the                          482–4007, respectively.                                 Tic. Ltd. Sti. (Ozdemir) for use in our
                                                    organization and its business activities,                SUPPLEMENTARY INFORMATION:                              final determination. We used standard
                                                    including;                                                                                                       verification procedures, including an
                                                       (7) Company size (number of                           Background                                              examination of relevant accounting and
                                                    employees and annual sales);                               On March 1, 2016,1 the Department                     production records, and original source
                                                       (8) Exporting experience;                             published the Preliminary                               documents provided by MMZ and
                                                       (9) An affirmative statement that the                 Determination. A summary of the events                  Ozdemir.3
                                                    nominee will be able to meet the                         that occurred since the Department                      Changes Since the Preliminary
                                                    expected time commitments of                             published the Preliminary                               Determination and Use of Adverse
                                                    Committee work. Committee work                           Determination, as well as a full                        Facts Available
                                                    includes (1) attending in-person                         discussion of the issues raised by parties
                                                    committee meetings approximately four                    for this final determination, may be                      Based on our analysis of the
                                                    times per year, (2) undertaking                          found in the Issues and Decision                        comments received and our findings at
                                                    additional work outside of full                          Memorandum, which is hereby adopted                     verification, we made certain changes to
                                                    committee meetings including                             by this notice.2                                        the margin calculations for Ozdemir. In
                                                    subcommittee conference calls or                                                                                 addition, we revised the margin for
                                                                                                             Scope of the Investigation                              MMZ to reflect the application of facts
                                                    meetings as needed, and (3) drafting or
                                                    commenting on proposed                                      The scope of the investigation covers                available with an adverse inference,
                                                    recommendations to be evaluated at                       HWR pipes and tubes of rectangular                      pursuant to sections 776(a)(1),
                                                    Committee meetings.                                      (including square) cross section, having                776(a)(2)(A), (C), and (D), and 776(b) of
                                                       Please do not send company or trade                   a nominal wall thickness of not less                    the Act. For a discussion of these
                                                    association brochures or any other                       than 4 mm. For a complete description                   changes, see the Issues and Decision
                                                    information.                                             of the scope of the investigation, see                  Memorandum. We also revised the all-
                                                                                                             Appendix I.                                             others rate as explained below.
                                                      Dated: July 15, 2016.
                                                    Edward A. O’Malley,                                      Analysis of Comments Received                           All-Others Rate
                                                    Director, Office of Energy and Environmental               All issues raised in the case and                       Section 735(c)(5)(A) of the Act
                                                    Industries.                                              rebuttal briefs by parties in this                      provides that the estimated all-others
                                                    [FR Doc. 2016–17204 Filed 7–20–16; 8:45 am]              investigation are addressed in the Issues               rate shall be an amount equal to the
                                                    BILLING CODE 3510–DR–P                                   and Decision Memorandum. A list of                      weighted-average of the estimated
                                                                                                             the issues raised is attached to this                   weighted-average dumping margins
                                                                                                             notice as Appendix II. The Issues and                   established for exporters and producers
                                                    DEPARTMENT OF COMMERCE                                   Decision Memorandum is a public                         individually investigated excluding any
                                                                                                             document and is on file electronically                  zero or de minimis margins, and
                                                    International Trade Administration                       via Enforcement and Compliance’s
                                                    [A–489–824]                                              Antidumping and Countervailing Duty                        3 For discussion of our verification findings with

                                                                                                             Centralized Electronic Service System                   respect to each company, see the following
                                                    Heavy Walled Rectangular Welded                          (ACCESS). ACCESS is available to                        memoranda: Memorandum to the File from Rebecca
                                                                                                                                                                     Trainor and Aqmar Rahman, ‘‘Verification of the
                                                    Carbon Steel Pipes and Tubes From                        registered users at https://                            Sales Response of MMZ Onur Boru Profil Uretim
                                                    the Republic of Turkey: Final                            access.trade.gov and it is available to all             Sanayi Ve Tic. A.S. in the Antidumping Duty
                                                    Determination of Sales at Less Than                      parties in the Central Records Unit,                    Investigation of Heavy Walled Rectangular Welded
                                                    Fair Value                                               room B–8024 of the main Department of                   Carbon Steel Pipes and Tubes from Turkey,’’ dated
                                                                                                                                                                     May 16, 2016; Memorandum to the File from Gary
                                                                                                             Commerce building. In addition, a                       Urso and Stephanie Arthur, ‘‘Verification of the
                                                    AGENCY:   Enforcement and Compliance,                    complete version of the Issues and                      Cost Response of MMZ Onur Boru Profil Uretim
                                                    International Trade Administration,                      Decision Memorandum can be accessed                     Sanayi. Ve Tic. in the Antidumping Duty Less Than
                                                    Department of Commerce.                                  directly at http://enforcement.trade.gov/               Fair Value Investigation of Heavy Walled
                                                    SUMMARY: The Department of Commerce                                                                              Rectangular Welded Carbon Steel Pipes and Tubes
                                                                                                             frn/index.html. The signed and                          from the Republic of Turkey,’’ dated May 6, 2016;
                                                    (the Department) determines that heavy                                                                           Memorandum to the File from Ross Belliveau,
                                                    walled rectangular welded carbon steel                     1 See Heavy Walled Rectangular Welded Carbon
                                                                                                                                                                     ‘‘Verification of the Sales Response of Ozdemir
                                                    pipes and tubes (HWR pipes and tubes)                    Steel Pipes and Tubes from the Republic of Turkey:
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                     Boru Profil San. Ve Tic. Ltd. Sti. in the
                                                    from the Republic of Turkey (Turkey)                     Final Determination of Sales at Less Than Fair          Antidumping Duty Investigation of Heavy Walled
                                                                                                             Value, 81 FR 10583 (March 1, 2016) (Preliminary         Rectangular Welded Carbon Steel Pipes and Tubes
                                                    are being, or are likely to be, sold in the              Determination).                                         from Turkey,’’ dated May 17, 2016; and
                                                    United States at less than fair value                      2 See Memorandum to Paul Piquado, ‘‘Issues and        Memorandum to the File from Stephanie Arthur
                                                    (LTFV), as provided in section 735(a) of                 Decision Memorandum for the Final Affirmative           and Gary Urso, ‘‘Verification of the Cost Response
                                                    the Tariff Act of 1930, as amended (the                  Determination in the Less-Than-Fair-Value               of Ozdemir Boru Profil San. Ve Tic. Ltd. Sti. in the
                                                                                                             Investigation of Heavy Walled Rectangular Welded        Antidumping Duty Less Than Fair Value
                                                    Act). The period of investigation (POI)                  Carbon Steel Pipes and Tubes from the Republic of       Investigation of Heavy Walled Rectangular Welded
                                                    is July 1, 2014, through June 30, 2015.                  Turkey,’’ dated concurrently with this notice (Issues   Carbon Steel Pipes and Tubes from the Republic of
                                                    The final dumping margins of sales at                    and Decision Memorandum).                               Turkey,’’ dated May 6, 2016.



                                               VerDate Sep<11>2014   17:15 Jul 20, 2016   Jkt 238001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\21JYN1.SGM    21JYN1


                                                    47356                                     Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices

                                                    margins determined entirely under                                           method to establish the estimated                                            Act, we determine that it is reasonable
                                                    section 776 of the Act. Pursuant to                                         dumping margin for all other producers                                       to calculate the all-others rate based on
                                                    section 735(c)(5)(B) of the Act, if the                                     or exporters. We calculated a margin of                                      a simple average of Ozdemir’s zero
                                                    estimated weighted-average dumping                                          zero percent for the only cooperative                                        percent margin and MMZ’s AFA
                                                    margins established for all exporters and                                   mandatory respondent in this                                                 margin.4
                                                    producers individually examined are                                         investigation, Ozdemir, and applied a
                                                                                                                                                                                                             Final Determination
                                                    zero, de minimis or determined based                                        margin based entirely on adverse facts
                                                    entirely under section 776 of the Act,                                      available (AFA) for MMZ. Therefore,                                           The final weighted-average dumping
                                                    the Department may use any reasonable                                       pursuant to section 735(c)(5)(B) of the                                      margins are as follows:

                                                                                                                                                                                                                                   Weighted-
                                                                                                                                                                                                                                    average        Cash deposit
                                                                                                                        Exporter/Manufacturer                                                                                      dumping             rate
                                                                                                                                                                                                                                    margins         (percent)
                                                                                                                                                                                                                                   (percent)

                                                    MMZ Boru Profil Uretim Sanayi Ve Tic. A.S ...........................................................................................................                                35.66               35.66
                                                    Ozdemir Boru Profil San. Ve Tic. Ltd. Sti ...............................................................................................................                             0.00                0.00
                                                    All Others .................................................................................................................................................................         17.83               17.73



                                                    Disclosure                                                                  Therefore, in the event that a                                               Department will issue an antidumping
                                                      We will disclose the calculations                                         countervailing duty order is issued and                                      duty order directing CBP to assess, upon
                                                    performed within five days of the date                                      suspension of liquidation is resumed in                                      further instruction by the Department,
                                                    of publication of this notice to parties in                                 the companion countervailing duty                                            antidumping duties on all imports of the
                                                    this proceeding in accordance with 19                                       investigation on HWR pipes and tubes                                         subject merchandise entered, or
                                                    CFR 351.224(b).                                                             from Turkey, the Department will                                             withdrawn from warehouse, for
                                                                                                                                instruct CBP to require cash deposits                                        consumption on or after the effective
                                                    Continuation of Suspension of                                               adjusted by the amount of export                                             date of the suspension of liquidation.
                                                    Liquidation                                                                 subsidies, as appropriate. These
                                                                                                                                                                                                             Notification Regarding Administrative
                                                       In accordance with section                                               adjustments are reflected in the final
                                                                                                                                                                                                             Protective Orders (APO)
                                                    735(c)(1)(B) of the Act, the Department                                     column of the rate chart, above.6 Until
                                                    will instruct U.S. Customs and Border                                       such suspension of liquidation is                                               This notice serves as a reminder to
                                                    Protection (CBP) to continue to suspend                                     resumed in the companion                                                     parties subject to APO of their
                                                    liquidation of all appropriate entries of                                   countervailing duty investigation, and                                       responsibility concerning the
                                                    HWR pipes and tubes from Turkey, as                                         so long as suspension of liquidation                                         disposition of proprietary information
                                                    described in Appendix I of this notice,                                     continues under this antidumping duty                                        disclosed under APO in accordance
                                                    which were entered, or withdrawn from                                       investigation, the cash deposit rates for                                    with 19 CFR 351.305(a)(3). Timely
                                                    warehouse, for consumption on or after                                      this antidumping duty investigation will                                     notification of the return or destruction
                                                    March 1, 2016, the date of publication                                      be the rates identified in the weighted-                                     of APO materials, or conversion to
                                                    of the preliminary determination of this                                    average margin column in the rate chart,                                     judicial protective order, is hereby
                                                    investigation in the Federal Register. In                                   above.                                                                       requested. Failure to comply with the
                                                    the event an AD order is issued, because                                    International Trade Comission (ITC)                                          regulations and the terms of an APO is
                                                    Ozdemir’s weighted-average dumping                                          Notification                                                                 a sanctionable violation.
                                                    margin is zero, Ozdemir would be                                                                                                                            This determination and this notice are
                                                    excluded from the AD order.                                                    In accordance with section 735(d) of                                      issued and published pursuant to
                                                       Further, the Department will instruct                                    the Act, we will notify the ITC of the                                       sections 735(d) and 777(i)(1) of the Act.
                                                    CBP to require a cash deposit equal to                                      final affirmative determination of sales
                                                    the estimated amount by which the                                           at LTFV. Because the final                                                     Dated: July 14, 2016.
                                                    normal value exceeds the U.S. price as                                      determination in this proceeding is                                          Paul Piquado,
                                                    shown above, adjusted where                                                 affirmative, in accordance with section                                      Assistant Secretary for Enforcement and
                                                    appropriate for export subsidies found                                      735(b)(2) of the Act, the ITC will make                                      Compliance.
                                                    in the final determination of the                                           its final determination as to whether the                                    Appendix I
                                                    companion countervailing duty                                               domestic industry in the United States
                                                    investigation. Consistent with our                                          is materially injured, or threatened with                                    Scope of the Investigation
                                                    longstanding practice, where the                                            material injury, by reason of imports of                                        The products covered by this investigation
                                                    product under investigation is also                                         HWR pipes and tubes from Turkey no                                           are certain heavy walled rectangular welded
                                                    subject to a concurrent countervailing                                      later than 45 days after our final                                           steel pipes and tubes of rectangular
                                                    duty investigation, we instruct CBP to                                      determination. If the ITC determines                                         (including square) cross section, having a
                                                                                                                                                                                                             nominal wall thickness of not less than 4
                                                    require a cash deposit equal to the                                         that material injury or threat of material                                   mm. The merchandise includes, but is not
                                                    amount by which the NV exceeds the                                          injury does not exist, the proceeding
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                                                             limited to, the American Society for Testing
                                                    U.S. price, less the amount of the                                          will be terminated and all cash deposits                                     and Materials (ASTM) A–500, grade B
                                                    countervailing duty determined to                                           will be refunded. If the ITC determines                                      specifications, or comparable domestic or
                                                    constitute any export subsidies.5                                           that such injury does exist, the                                             foreign specifications.

                                                      4 See e.g., Notice of Final Determination of Sales                        Than Fair Value, 80 FR 61362 (October 13, 2015)                              Combination Refrigerator-Freezers From the
                                                    at Less Than Fair Value: Polyethylene Retail Carrier                        and Notice of Final Determination of Sales at Less                           Republic of Korea, 77 FR 17413 (March 26, 2012).
                                                    Bags From Malaysia, 69 FR 34128 (June 18, 2004).                            Than Fair Value and Negative Critical                                          6 See Memorandum to the File from Rebecca
                                                      5 See, e.g., Welded Line Pipe From the Republic                                                                                                        Trainor, ‘‘Calculation of the All Others Rate,’’ dated
                                                                                                                                Circumstances Determination: Bottom Mount
                                                    of Turkey: Final Determination of Sales at Less                                                                                                          concurrently with this notice.



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                                                                                   Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices                                                 47357

                                                       Included products are those in which: (1)             DEPARTMENT OF COMMERCE                                SUPPLEMENTARY INFORMATION:     Section
                                                    Iron predominates, by weight, over each of                                                                     312 of the Coastal Zone Management
                                                    the other contained elements; (2) the carbon             National Oceanic and Atmospheric                      Act (CZMA) requires NOAA to conduct
                                                    content is 2 percent or less, by weight; and             Administration                                        periodic evaluations of federally
                                                    (3) none of the elements below exceeds the                                                                     approved state and territorial coastal
                                                    quantity, by weight, respectively indicated:             Evaluation of State Coastal                           programs. The process includes one or
                                                       • 2.50 percent of manganese, or                       Management Programs                                   more public meetings, consideration of
                                                       • 3.30 percent of silicon, or                                                                               written public comments and
                                                       • 1.50 percent of copper, or
                                                                                                             AGENCY: Office for Coastal Management
                                                                                                             (OCM), National Ocean Service (NOS),                  consultations with interested Federal,
                                                       • 1.50 percent of aluminum, or                                                                              state, and local agencies and members of
                                                       • 1.25 percent of chromium, or                        National Oceanic and Atmospheric
                                                                                                             Administration (NOAA), Department of                  the public. During the evaluation,
                                                       • 0.30 percent of cobalt, or                                                                                NOAA will consider the extent to which
                                                       • 0.40 percent of lead, or                            Commerce (DOC).
                                                                                                                                                                   the state has met the national objectives,
                                                       • 2.0 percent of nickel, or                           ACTION: Notice.
                                                                                                                                                                   adhered to the management program
                                                       • 0.30 percent of tungsten, or                                                                              approved by the Secretary of Commerce,
                                                       • 0.80 percent of molybdenum, or                      SUMMARY:   The National Oceanic and
                                                                                                             Atmospheric Administration (NOAA),                    and adhered to the terms of financial
                                                       • 0.10 percent of niobium (also called
                                                                                                             Office for Coastal Management will hold               assistance under the CZMA. When the
                                                    columbium), or
                                                                                                             a second public meeting to solicit                    evaluation is completed, NOAA’s Office
                                                       • 0.30 percent of vanadium, or
                                                                                                             comments on the performance                           for Coastal Management will place a
                                                       • 0.30 percent of zirconium.
                                                                                                             evaluation of the Oregon Coastal                      notice in the Federal Register
                                                       The subject merchandise is currently
                                                                                                             Management Program.                                   announcing the availability of the Final
                                                    provided for in item 7306.61.1000 of the
                                                                                                                                                                   Evaluation Findings.
                                                    Harmonized Tariff Schedule of the United                 DATES: Oregon Coastal Management
                                                                                                                                                                     Specific information on the periodic
                                                    States (HTSUS). Subject merchandise may                  Program Evaluation: The public meeting
                                                    also enter under HTSUS 7306.61.3000. While
                                                                                                                                                                   evaluation of the state and territorial
                                                                                                             will be held on September 7, 2016, and
                                                    the HTSUS subheadings and ASTM
                                                                                                                                                                   coastal program that is the subject of
                                                                                                             written comments must be received on
                                                    specification are provided for convenience                                                                     this notice is detailed below as follows:
                                                                                                             or before September 9, 2016.
                                                    and customs purposes, the written                           For specific dates, times, and                     Oregon Coastal Management Program
                                                    description of the scope of this investigation           locations of the public meetings, see                 Evaluation
                                                    is dispositive.                                          SUPPLEMENTARY INFORMATION.                              You may participate or submit oral
                                                    Appendix II                                              ADDRESSES: You may submit comments                    comments at the public meeting
                                                                                                             on the program or reserve NOAA                        scheduled as follows:
                                                    List of Topics Discussed in the Issues and               intends to evaluate by any of the
                                                    Decision Memorandum
                                                                                                                                                                     Date: September 7, 2016.
                                                                                                             following methods:                                      Time: 5:00 p.m., local time.
                                                    I. Summary                                                  Public Meeting and Oral Comments:                    Location: 1201 NE Lloyd Blvd. 1st
                                                    II. Background                                           A public meeting will be held in                      Floor Conference Room (Room #140),
                                                    III. Scope of the Investigation                          Portland, Oregon. For the specific                    Portland, Oregon 97232.
                                                    IV. Margin Calculations                                  location, see SUPPLEMENTARY                             Written public comments must be
                                                    V. Application of Facts Available and Use of             INFORMATION.                                          received on or before September 9,
                                                          Adverse Inference                                     Written Comments: Please direct                    2016.
                                                    VI. Discussion of the Issues                             written comments to Carrie Hall,
                                                       1. Assignment of Margin Based on AFA to                                                                     (Federal Domestic Assistance Catalog 11.419
                                                                                                             Evaluator, Planning and Performance                   Coastal Zone Management Program
                                                          MMZ                                                Measurement Program, Office for                       Administration)
                                                       2. Weight Basis for Comparison                        Coastal Management, NOS/NOAA, 1305
                                                          Methodology                                                                                                Dated: July 14, 2016.
                                                                                                             East-West Highway, 11th Floor, N/
                                                       3. Calculation of Duty Drawback                                                                             John King,
                                                                                                             OCM1, Silver Spring, Maryland 20910,
                                                          Adjustment                                                                                               Deputy Director, Office for Coastal
                                                                                                             or email comments Carrie.Hall@
                                                       4. Which DIIBs to Include in Calculating                                                                    Management, National Ocean Service,
                                                                                                             noaa.gov.
                                                          the Duty Drawback Adjustment                                                                             National Oceanic and Atmospheric
                                                       5. Offset of Duty Drawback Adjustment for             FOR FURTHER INFORMATION CONTACT:                      Administration.
                                                          Related Expenses                                   Carrie Hall, Evaluator, Planning and                  [FR Doc. 2016–17217 Filed 7–20–16; 8:45 am]
                                                       6. Application of the Duty Drawback                   Performance Measurement Program,                      BILLING CODE 3510–08–P
                                                          Adjustment in the Margin Program                   Office for Coastal Management, NOS/
                                                       7. U.S. Date of Sale                                  NOAA, 1305 East-West Highway, 11th
                                                       8. Short-Term Interest Rate in the Home               Floor, N/OCM1, Silver Spring,                         DEPARTMENT OF COMMERCE
                                                          Market                                             Maryland 20910, or Carrie.Hall@
                                                       9. Returns                                            noaa.gov. Copies of the previous                      National Oceanic and Atmospheric
                                                       10. Adjustments to Ozdemir’s Cost of                  evaluation findings and related material              Administration
                                                          Manufacturing                                      (including past performance reports and
                                                       11. Reallocation of Costs for Non-Prime               notices prepared by NOAA’s Office for                 RIN 0648–XE692
                                                          Merchandise                                        Coastal Management) may be obtained
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    VII. Recommendation                                      upon written request by contacting the                Determination of Overfishing or an
                                                    [FR Doc. 2016–17316 Filed 7–20–16; 8:45 am]              person identified under FOR FURTHER                   Overfished Condition
                                                    BILLING CODE 3510–DS–P                                   INFORMATION CONTACT. Copies of the                    AGENCY:  National Marine Fisheries
                                                                                                             most recent evaluation findings and                   Service (NMFS), National Oceanic and
                                                                                                             most recent progress report may also be               Atmospheric Administration (NOAA),
                                                                                                             downloaded or viewed on the Internet                  Commerce.
                                                                                                             at http://coast.noaa.gov/czm/
                                                                                                                                                                   ACTION: Notice.
                                                                                                             evaluations.


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Document Created: 2018-02-08 07:58:52
Document Modified: 2018-02-08 07:58:52
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
DatesEffective July 21, 2016.
ContactRoss Belliveau or Rebecca Trainor, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4952 and (202) 482-4007, respectively.
FR Citation81 FR 47355 

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