82_FR_49383 82 FR 49179 - Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016

82 FR 49179 - Welded Carbon Steel Standard Pipe and Tube Products From Turkey: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 204 (October 24, 2017)

Page Range49179-49181
FR Document2017-23020

On June 6, 2017, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on welded carbon steel standard pipe and tube products (welded pipe and tube) from Turkey. The period of review (POR) is May 1, 2015 through April 30, 2016. The review covers the following producers/exporters of the subject merchandise: Borusan Istikbal Ticaret T.A.S. (Borusan Istikbal) and Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (Borusan Mannesmann) (collectively, Borusan); Toscelik Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., and Toscelik Metal Ticaret A.S. (Toscelik Metal) (collectively, Toscelik); Borusan Birlesik Boru Fabrikalari San ve Tic (Borusan Birlesik); Borusan Gemlik Boru Tesisleri A.S. (Borusan Gemlik); Borusan Ihracat Ithalat ve Dagitim A.S. (Borusan Ihracat); Borusan Ithicat ve Dagitim A.S. (Borusan Ithicat); Tubeco Pipe and Steel Corporation (Tubeco); Erbosan Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan); and Yucel Boru ve Profil Endustrisi A.S., Yucelboru Ihracat Ithalat ve Pazarlama A.S., and Cayirova Boru Sanayi ve Ticaret A.S. (collectively, the Yucel Group). Based on our analysis of the comments received, we have made certain changes in the margin calculations. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled, ``Final Results of the Review.'' Further, we continue to find that Erbosan, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and Tubeco had no reviewable shipments of subject merchandise during the POR.

Federal Register, Volume 82 Issue 204 (Tuesday, October 24, 2017)
[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Pages 49179-49181]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23020]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-501]


Welded Carbon Steel Standard Pipe and Tube Products From Turkey: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2015-2016

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

SUMMARY: On June 6, 2017, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on welded carbon steel standard pipe and tube 
products (welded pipe and tube) from Turkey. The period of review (POR) 
is May 1, 2015 through April 30, 2016. The review covers the following 
producers/exporters of the subject merchandise: Borusan Istikbal 
Ticaret T.A.S. (Borusan Istikbal) and Borusan Mannesmann Boru Sanayi ve 
Ticaret A.S. (Borusan Mannesmann) (collectively, Borusan); Toscelik 
Profil ve Sac Endustrisi A.S., Tosyali Dis Ticaret A.S., and Toscelik 
Metal Ticaret A.S. (Toscelik Metal) (collectively, Toscelik); Borusan 
Birlesik Boru Fabrikalari San ve Tic (Borusan Birlesik); Borusan Gemlik 
Boru Tesisleri A.S. (Borusan Gemlik); Borusan Ihracat Ithalat ve 
Dagitim A.S. (Borusan Ihracat); Borusan Ithicat ve Dagitim A.S. 
(Borusan Ithicat); Tubeco Pipe and Steel Corporation (Tubeco); Erbosan 
Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan); and Yucel Boru ve Profil 
Endustrisi A.S., Yucelboru Ihracat Ithalat ve Pazarlama A.S., and 
Cayirova Boru Sanayi ve Ticaret A.S. (collectively, the Yucel Group). 
Based on our analysis of the comments received, we have made certain 
changes in the margin calculations. The final weighted-average dumping 
margins for the reviewed firms are listed below in the section 
entitled, ``Final Results of the Review.'' Further, we continue to find 
that Erbosan, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, 
Borusan Ithicat, and Tubeco had no reviewable shipments of subject 
merchandise during the POR.

DATES: Effective October 24, 2017.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Chelsey Simonovich, AD/
CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-2924 or (202) 
482-1979, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 6, 2017, the Department published the Preliminary Results 
of this review in the Federal Register.\1\ We invited parties to 
comment on the Preliminary Results. On July 20, 2017, we received a 
case brief from petitioner Wheatland Tube Company (Wheatland Tube). On 
July 28, 2017, we received a rebuttal brief from Borusan.\2\ The 
Department conducted this review in accordance with section 751(a)(2) 
of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Welded Carbon Steel Standard Pipe and Tube Products from 
Turkey: Preliminary Results of Antidumping Duty Administrative 
Review, and Partial Rescission of Review; 2015-2016, 82 FR 26053 
(June 6, 2017) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ As explained in the Preliminary Results, the Department 
treated Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan 
Istikbal Ticaret T.A.S. as a single entity in this administrative 
review. See Preliminary Decision Memorandum, at 1 n.1.
---------------------------------------------------------------------------

Scope of the Order

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

[[Page 49180]]

only. The written description is dispositive.\3\
---------------------------------------------------------------------------

    \3\ A full written description of the scope of the order is 
contained in the memorandum to Gary Taverman, ``Issues and Decision 
Memorandum for the Final Results of the Antidumping Duty 
Administrative Review: Welded Carbon Steel Standard Pipe and Tube 
Products from Turkey; 2015-2016,'' (IDM), dated concurrently with 
this notice and incorporated herein by reference.
---------------------------------------------------------------------------

Final Determination of No Shipments

    In the Preliminary Results, the Department determined that Erbosan, 
Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and 
Tubeco had no shipments during the POR.\4\ Following publication of the 
Preliminary Results, we received no comments from interested parties 
regarding these companies. As a result, and because the record contains 
no evidence to the contrary, we continue to find that Erbosan, Borusan 
Birlesik, Borusan Gemlik, Borusan Ihracat, Borusan Ithicat, and Tubeco 
made no shipments during the POR. Accordingly, consistent with the 
Department's practice, we intend to instruct U.S. Customs and Border 
Protection (CBP) to liquidate any existing entries of merchandise 
produced by Erbosan, Borusan Birlesik, Borusan Gemlik, Borusan Ihracat, 
Borusan Ithicat, and Tubeco, but exported by other parties without 
their own rate, at the all-others rate.\5\
---------------------------------------------------------------------------

    \4\ See Preliminary Results, 82 FR at 26054, and accompanying 
Preliminary Decision Memorandum, at 3-4.
    \5\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
---------------------------------------------------------------------------

    Further, while Borusan Istikbal submitted a no-shipment 
certification, we continue to treat it as a single entity with Borusan 
Mannesmann, as there is no record evidence that warrants altering this 
treatment. Because we continue to find that Borusan had shipments 
during this POR, we do not make a final determination of no shipments 
with respect to Borusan Istikbal.\6\
---------------------------------------------------------------------------

    \6\ See Preliminary Decision Memorandum, at 4.
---------------------------------------------------------------------------

Analysis of the Comments Received

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

Changes Since the Preliminary Results

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

Final Rates for Non-Examined Companies

    The statute and the Department's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when the Department limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, the Department looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual review in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of 
the estimated weighted average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    In this review, we have a calculated a weighted-average dumping 
margin for Borusan that is not zero, de minimis, or determined entirely 
on the basis of facts available. Accordingly, the Department assigns to 
the companies not individually examined the 1.55 percent weighted-
average dumping margin calculated for Borusan.

Final Results of the Review

    As a result of this review, we determine that the following 
weighted-average dumping margins exist for the period May 1, 2015 
through April 30, 2016:

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

Disclosure

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

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

Assessment

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries covered by this review pursuant to 
section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1).
    For Borusan, because its weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent), the Department has 
calculated importer-specific antidumping duty assessment

[[Page 49181]]

rates. We calculated importer-specific ad valorem antidumping duty 
assessment rates by aggregating the total amount of dumping calculated 
for the examined sales of each importer and dividing each of these 
amounts by the total entered value associated with those sales. We will 
instruct CBP to assess antidumping duties on all appropriate entries 
covered by this review where an importer-specific assessment rate is 
not zero or de minimis. Pursuant to 19 CFR 351.106(c)(2), we will 
instruct CBP to liquidate without regard to antidumping duties any 
entries for which the importer-specific assessment rate is zero or de 
minimis.
    For Toscelik, we will instruct CBP to liquidate its entries during 
the POR imported by the importers identified in its questionnaire 
responses without regard to antidumping duties because its weighted-
average dumping margin in these final results is zero.\8\
---------------------------------------------------------------------------

    \8\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8103, 8103 (February 14, 
2012).
---------------------------------------------------------------------------

    For companies that were not selected for individual examination, we 
will instruct CBP to liquidate unreviewed entries based on the 
methodology described in the ``Final Rates for Non-Examined Companies'' 
section, above.
    Consistent with the Department's assessment practice, for entries 
of subject merchandise during the POR produced by any company upon 
which we initiated an administrative review, for which they did not 
know that the merchandise was destined for the United States, we will 
instruct CBP to liquidate unreviewed entries at the all-others rate if 
there is no rate for the intermediate company(ies) involved in the 
transaction.\9\
---------------------------------------------------------------------------

    \9\ 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)(C) of 
the Act: (1) The cash deposit rates will be equal to the weighted-
average dumping margins established in the final results of this 
review; (2) for previously reviewed or investigated companies not 
participating in this review, the cash deposit rate will continue to be 
the company-specific rate published for the most recently completed 
segment of this proceeding in which the company was reviewed; (3) if 
the exporter is not a firm covered in this review, a previous review, 
or the original less-than-fair-value (LTFV) investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recently completed segment of this proceeding for the 
manufacturer of subject merchandise; and (4) the cash deposit rate for 
all other manufacturers or exporters will continue to be 14.74 percent, 
the all-others rate established in the LTFV investigation.\10\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \10\ 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 presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.\11\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.402(f)(3).
---------------------------------------------------------------------------

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and 
351.221(b)(5) of the Department's regulations.

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

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues

Toscelik

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

Borusan

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

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



                                                                                 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices                                                  49179

                                                    and Taiwan.1 Currently, the preliminary                    For the reasons stated above and                   (Borusan Ithicat); Tubeco Pipe and Steel
                                                    determinations in these investigations                  because there is no compelling reason to              Corporation (Tubeco); Erbosan Erciyas
                                                    are due no later than November 7, 2017.                 deny the request, the Department,                     Boru Sanayi ve Ticaret A.S. (Erbosan);
                                                                                                            pursuant to section 733(c)(1)(A) of the               and Yucel Boru ve Profil Endustrisi
                                                    Postponement of Preliminary
                                                                                                            Act, is postponing the deadline for these             A.S., Yucelboru Ihracat Ithalat ve
                                                    Determination
                                                                                                            preliminary determinations to no later                Pazarlama A.S., and Cayirova Boru
                                                       Section 733(b)(1)(A) of the Tariff Act               than 181 days after the date on which                 Sanayi ve Ticaret A.S. (collectively, the
                                                    of 1930, as amended (Act), requires the                 these investigations were initiated, i.e.,            Yucel Group). Based on our analysis of
                                                    Department to issue the preliminary                     to December 18, 2017. Pursuant to                     the comments received, we have made
                                                    determination in a less-than-fair-value                 section 735(a)(1) of the Act and 19 CFR               certain changes in the margin
                                                    investigation within 140 days after the                 351.210(b)(1), the deadline for the final             calculations. The final weighted-average
                                                    date on which the Department initiated                  determinations will continue to be 75                 dumping margins for the reviewed firms
                                                    the investigation. However, section                     days after the date of the preliminary                are listed below in the section entitled,
                                                    733(c)(1) of the Act permits the                        determination, unless postponed at a                  ‘‘Final Results of the Review.’’ Further,
                                                    Department to postpone the preliminary                  later date.                                           we continue to find that Erbosan,
                                                    determination until no later than 190                      This notice is issued and published                Borusan Birlesik, Borusan Gemlik,
                                                    days after the date on which the                        pursuant to section 733(c)(2) of the Act              Borusan Ihracat, Borusan Ithicat, and
                                                    Department initiated the investigation                  and 19 CFR 351.205(f)(1).                             Tubeco had no reviewable shipments of
                                                    if: (A) The petitioner makes a timely                     Dated: October 18, 2017.                            subject merchandise during the POR.
                                                    request for a postponement; or (B) the
                                                                                                            Gary Taverman,                                        DATES: Effective October 24, 2017.
                                                    Department concludes that the parties
                                                                                                            Deputy Assistant Secretary for Antidumping            FOR FURTHER INFORMATION CONTACT: Fred
                                                    concerned are cooperating, that the
                                                                                                            and Countervailing Duty Operations,                   Baker or Chelsey Simonovich, AD/CVD
                                                    investigation is extraordinarily                        performing the non-exclusive functions and
                                                    complicated, and that additional time is                                                                      Operations, Office VI, Enforcement and
                                                                                                            duties of the Assistant Secretary for
                                                    necessary to make a preliminary                                                                               Compliance, International Trade
                                                                                                            Enforcement and Compliance.
                                                    determination. Under 19 CFR                                                                                   Administration, U.S. Department of
                                                                                                            [FR Doc. 2017–23021 Filed 10–23–17; 8:45 am]
                                                    351.205(e), the petitioner must submit a                                                                      Commerce, 1401 Constitution Avenue
                                                                                                            BILLING CODE 3510–DS–P
                                                    request for postponement 25 days or                                                                           NW., Washington, DC 20230; telephone:
                                                    more before the scheduled date of the                                                                         (202) 482–2924 or (202) 482–1979,
                                                    preliminary determination and must                                                                            respectively.
                                                                                                            DEPARTMENT OF COMMERCE
                                                    state the reasons for the request. The                                                                        SUPPLEMENTARY INFORMATION:
                                                    Department will grant the request unless                International Trade Administration
                                                    it finds compelling reasons to deny the                                                                       Background
                                                                                                            [A–489–501]
                                                    request. See CFR 351.205(e).                                                                                    On June 6, 2017, the Department
                                                       On October 13, 2017, the petitioners 2               Welded Carbon Steel Standard Pipe                     published the Preliminary Results of
                                                    submitted a timely request, pursuant to                 and Tube Products From Turkey: Final                  this review in the Federal Register.1 We
                                                    section 733(c)(1)(A) of the Act, that the               Results of Antidumping Duty                           invited parties to comment on the
                                                    Department postpone the preliminary                     Administrative Review and Final                       Preliminary Results. On July 20, 2017,
                                                    determinations in these less-than-fair-                 Determination of No Shipments; 2015–                  we received a case brief from petitioner
                                                    value investigations.3 In accordance                    2016                                                  Wheatland Tube Company (Wheatland
                                                    with 19 CFR 351.205(e), the petitioners                                                                       Tube). On July 28, 2017, we received a
                                                    stated the reasons for their request.                   AGENCY:   Enforcement and Compliance,                 rebuttal brief from Borusan.2 The
                                                    Specifically, the petitioners state that                International Trade Administration,                   Department conducted this review in
                                                    additional time is necessary for the                    Department of Commerce.                               accordance with section 751(a)(2) of the
                                                    Department to issue supplemental                        SUMMARY: On June 6, 2017, the                         Tariff Act of 1930, as amended (the Act).
                                                    questionnaires and clarfy the initial                   Department of Commerce (the
                                                    questionnaire responses to accurately                   Department) published the preliminary                 Scope of the Order
                                                    determine whether and what magnitude                    results of the administrative review of                  The merchandise subject to the order
                                                    of dumping occurred during the period                   the antidumping duty order on welded                  is welded pipe and tube. The welded
                                                    of investigation.4                                      carbon steel standard pipe and tube                   pipe and tube subject to the order is
                                                                                                            products (welded pipe and tube) from                  currently classifiable under subheading
                                                       1 See Fine Denier Polyester Staple Fiber from the    Turkey. The period of review (POR) is                 7306.30.1000, 7306.30.5025,
                                                    People’s Republic of China, India, the Republic of      May 1, 2015 through April 30, 2016.                   7306.30.5032, 7306.30.5040,
                                                    Korea, Taiwan, and the Socialist Republic of
                                                    Vietnam: Initiation of Less-Than-Fair-Value
                                                                                                            The review covers the following                       7306.30.5055, 7306.30.5085, and
                                                    Investigations, 82 FR 29023 (June 27, 2017). The        producers/exporters of the subject                    7306.30.5090 of the Harmonized Tariff
                                                    fine denier PSF from the Socialist Republic of          merchandise: Borusan Istikbal Ticaret                 Schedule of the United States (HTSUS).
                                                    Vietnam investigation was terminated; see Fine          T.A.S. (Borusan Istikbal) and Borusan
                                                    Denier Polyester Staple Fiber from the Socialist
                                                                                                                                                                  The HTSUS subheadings are provided
                                                    Republic of Vietnam: Termination of Less-Than-          Mannesmann Boru Sanayi ve Ticaret                     for convenience and customs purposes
                                                    Fair-Value Investigation, 82 FR 33480 (July 20,         A.S. (Borusan Mannesmann)
                                                    2017).                                                  (collectively, Borusan); Toscelik Profil                1 See Welded Carbon Steel Standard Pipe and
                                                       2 In these investigations, the petitioners are DAK
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            ve Sac Endustrisi A.S., Tosyali Dis                   Tube Products from Turkey: Preliminary Results of
                                                    Americas LLC, Nan Ya Plastics Corporation,                                                                    Antidumping Duty Administrative Review, and
                                                    America, and Auriga Polymers Inc.
                                                                                                            Ticaret A.S., and Toscelik Metal Ticaret
                                                                                                                                                                  Partial Rescission of Review; 2015–2016, 82 FR
                                                       3 See the petitioner’s letter, ‘‘Fine Denier         A.S. (Toscelik Metal) (collectively,                  26053 (June 6, 2017) (Preliminary Results), and
                                                    Polyester Staple Fiber from India, the People’s         Toscelik); Borusan Birlesik Boru                      accompanying Preliminary Decision Memorandum.
                                                    Republic of China, the Republic of Korea, and           Fabrikalari San ve Tic (Borusan                         2 As explained in the Preliminary Results, the
                                                    Taiwan—Petitioners’ Request to Postpone the             Birlesik); Borusan Gemlik Boru Tesisleri              Department treated Borusan Mannesmann Boru
                                                    Antidumping Duty Preliminary Determinations,’’                                                                Sanayi ve Ticaret A.S. and Borusan Istikbal Ticaret
                                                    dated October 13, 2017, requesting postponement of      A.S. (Borusan Gemlik); Borusan Ihracat                T.A.S. as a single entity in this administrative
                                                    the preliminary determination.                          Ithalat ve Dagitim A.S. (Borusan                      review. See Preliminary Decision Memorandum, at
                                                       4 Id.                                                Ihracat); Borusan Ithicat ve Dagitim A.S.             1 n.1.



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                                                    49180                               Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices

                                                    only. The written description is                                      Analysis of the Comments Received                                      when the Department limits its
                                                    dispositive.3                                                            All issues raised in the case and                                   examination in an administrative review
                                                    Final Determination of No Shipments                                   rebuttal briefs submitted in this review                               pursuant to section 777A(c)(2) of the
                                                                                                                          are addressed in the Issues and Decision                               Act. Generally, the Department looks to
                                                       In the Preliminary Results, the                                    Memorandum, which is hereby adopted                                    section 735(c)(5) of the Act, which
                                                    Department determined that Erbosan,                                   with this notice. A list of the issues                                 provides instructions for calculating the
                                                    Borusan Birlesik, Borusan Gemlik,                                     raised is attached as an appendix to this                              all-others rate in a market economy
                                                    Borusan Ihracat, Borusan Ithicat, and                                 notice. The Issues and Decision                                        investigation, for guidance when
                                                    Tubeco had no shipments during the                                    Memorandum is a public document and                                    calculating the rate for companies
                                                    POR.4 Following publication of the                                    is on file electronically via Enforcement                              which were not selected for individual
                                                    Preliminary Results, we received no                                   and Compliance’s Antidumping and                                       review in an administrative review.
                                                    comments from interested parties                                      Countervailing Duty Centralized                                        Under section 735(c)(5)(A) of the Act,
                                                    regarding these companies. As a result,                               Electronic Service System (ACCESS).
                                                    and because the record contains no                                                                                                           the all-others rate is normally ‘‘an
                                                                                                                          ACCESS is available to registered users                                amount equal to the weighted average of
                                                    evidence to the contrary, we continue to                              at http://access.trade.gov and it is
                                                    find that Erbosan, Borusan Birlesik,                                                                                                         the estimated weighted average
                                                                                                                          available to all parties in the Central                                dumping margins established for
                                                    Borusan Gemlik, Borusan Ihracat,                                      Records Unit, Room B8024 of the main
                                                    Borusan Ithicat, and Tubeco made no                                                                                                          exporters and producers individually
                                                                                                                          Department of Commerce building. In                                    investigated, excluding any zero or de
                                                    shipments during the POR. Accordingly,                                addition, a complete version of the
                                                    consistent with the Department’s                                                                                                             minimis margins, and any margins
                                                                                                                          Issues and Decision Memorandum can
                                                    practice, we intend to instruct U.S.                                                                                                         determined entirely {on the basis of
                                                                                                                          be accessed directly at http://
                                                    Customs and Border Protection (CBP) to                                                                                                       facts available}.’’
                                                                                                                          enforcement.trade.gov/frn/index.html.
                                                    liquidate any existing entries of                                     The signed Issues and Decision                                            In this review, we have a calculated
                                                    merchandise produced by Erbosan,                                      Memorandum and the electronic                                          a weighted-average dumping margin for
                                                    Borusan Birlesik, Borusan Gemlik,                                     versions of the Issues and Decision                                    Borusan that is not zero, de minimis, or
                                                    Borusan Ihracat, Borusan Ithicat, and                                 Memorandum are identical in content.                                   determined entirely on the basis of facts
                                                    Tubeco, but exported by other parties                                                                                                        available. Accordingly, the Department
                                                    without their own rate, at the all-others                             Changes Since the Preliminary Results
                                                                                                                                                                                                 assigns to the companies not
                                                    rate.5                                                                   Based on our analysis of the                                        individually examined the 1.55 percent
                                                       Further, while Borusan Istikbal                                    comments received, we made certain                                     weighted-average dumping margin
                                                    submitted a no-shipment certification,                                changes to the Preliminary Results. For                                calculated for Borusan.
                                                    we continue to treat it as a single entity                            a full discussion of these changes, see
                                                    with Borusan Mannesmann, as there is                                  Issues and Decision Memorandum.                                        Final Results of the Review
                                                    no record evidence that warrants
                                                    altering this treatment. Because we                                   Final Rates for Non-Examined                                             As a result of this review, we
                                                    continue to find that Borusan had                                     Companies                                                              determine that the following weighted-
                                                    shipments during this POR, we do not                                    The statute and the Department’s                                     average dumping margins exist for the
                                                    make a final determination of no                                      regulations do not address the                                         period May 1, 2015 through April 30,
                                                    shipments with respect to Borusan                                     establishment of a rate to be applied to                               2016:
                                                    Istikbal.6                                                            companies not selected for examination

                                                                                                                                                                                                                                        Weighted-average
                                                                                                                             Producer or exporter                                                                                        dumping margin
                                                                                                                                                                                                                                            (percent)

                                                    Borusan Mannesmann Boru Sanayi ve Ticaret A.S./Borusan Istikbal Ticaret T.A.S .................................................................                                                 1.55
                                                    Toscelik Profil ve Sac Endustrisi A.S./Tosyali Dis Ticaret A.S./Toscelik Metal Ticaret A.S.7 ....................................................                                               0.00
                                                    Yucel Boru ve Profil Endustrisi A.S .............................................................................................................................................               1.55
                                                    Yucelboru Ihracat Ithalat ve Pazarlama A.S ...............................................................................................................................                      1.55
                                                    Cayirova Boru Sanayi ve Ticaret A.S ..........................................................................................................................................                  1.55



                                                    Disclosure                                                            Register, in accordance with 19 CFR                                    review pursuant to section 751(a)(2)(C)
                                                                                                                          351.224(b).                                                            of the Act and 19 CFR 351.212(b)(1).
                                                      We intend to disclose the calculations                                                                                                       For Borusan, because its weighted-
                                                    performed for these final results of                                  Assessment
                                                                                                                                                                                                 average dumping margin is not zero or
                                                    review within five days of the date of                                   The Department shall determine, and                                 de minimis (i.e., less than 0.5 percent),
                                                    publication of this notice in the Federal                             CBP shall assess, antidumping duties on                                the Department has calculated importer-
                                                                                                                          all appropriate entries covered by this                                specific antidumping duty assessment
                                                       3 A full written description of the scope of the                     5 See, e.g., Magnesium Metal from the Russian                        See, e.g., Welded Carbon Steel Standard Pipe and
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    order is contained in the memorandum to Gary                          Federation: Preliminary Results of Antidumping                         Tube Products from Turkey: Final Results of
                                                    Taverman, ‘‘Issues and Decision Memorandum for                        Duty Administrative Review, 75 FR 26922, 26923                         Antidumping Duty Administrative Review; 2012–
                                                    the Final Results of the Antidumping Duty                             (May 13, 2010), unchanged in Magnesium Metal                           2013, 79 FR 71087, 71088 n.8 (December 1, 2014).
                                                    Administrative Review: Welded Carbon Steel                            from the Russian Federation: Final Results of                          However, in a prior review, we found that Toscelik
                                                    Standard Pipe and Tube Products from Turkey;                          Antidumping Duty Administrative Review, 75 FR                          Metal has ceased to exist. Id. There is no record
                                                    2015–2016,’’ (IDM), dated concurrently with this                      56989 (September 17, 2010).                                            evidence that warrants altering this treatment.
                                                    notice and incorporated herein by reference.                            6 See Preliminary Decision Memorandum, at 4.                         Therefore, for these final results, we are treating
                                                       4 See Preliminary Results, 82 FR at 26054, and                       7 In prior segments of this proceeding, we treated                   Toscelik and Tosyali as a single entity, and
                                                    accompanying Preliminary Decision Memorandum,                         Toscelik Profil ve Sac Endustrisi A.S., Tosyali Dis                    continue to find that Toscelik Metal no longer
                                                    at 3–4.                                                               Ticaret A.S., and Toscelik Metal as a single entity.                   exists.



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                                                                                 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Notices                                               49181

                                                    rates. We calculated importer-specific                  participating in this review, the cash                  Dated: October 18, 2017.
                                                    ad valorem antidumping duty                             deposit rate will continue to be the                  Gary Taverman,
                                                    assessment rates by aggregating the total               company-specific rate published for the               Deputy Assistant Secretary for Antidumping
                                                    amount of dumping calculated for the                    most recently completed segment of this               and Countervailing Duty Operations,
                                                    examined sales of each importer and                     proceeding in which the company was                   performing the non-exclusive functions and
                                                    dividing each of these amounts by the                                                                         duties of the Assistant Secretary for
                                                                                                            reviewed; (3) if the exporter is not a firm
                                                    total entered value associated with those                                                                     Enforcement and Compliance.
                                                                                                            covered in this review, a previous
                                                    sales. We will instruct CBP to assess                   review, or the original less-than-fair-               Appendix
                                                    antidumping duties on all appropriate                   value (LTFV) investigation, but the                   List of Topics Discussed in the Issues and
                                                    entries covered by this review where an                 manufacturer is, the cash deposit rate                Decision Memorandum
                                                    importer-specific assessment rate is not                will be the rate established for the most
                                                    zero or de minimis. Pursuant to 19 CFR                                                                        Summary
                                                                                                            recently completed segment of this                    Background
                                                    351.106(c)(2), we will instruct CBP to
                                                                                                            proceeding for the manufacturer of                    Scope of the Order
                                                    liquidate without regard to antidumping                                                                       Discussion of the Issues
                                                                                                            subject merchandise; and (4) the cash
                                                    duties any entries for which the
                                                    importer-specific assessment rate is zero               deposit rate for all other manufacturers              Toscelik
                                                    or de minimis.                                          or exporters will continue to be 14.74                1. Toscelik’s U.S. Sale that is Outside the
                                                       For Toscelik, we will instruct CBP to                percent, the all-others rate established                  Period of Review
                                                    liquidate its entries during the POR                    in the LTFV investigation.10 These
                                                                                                                                                                  Borusan
                                                    imported by the importers identified in                 deposit requirements, when imposed,
                                                                                                            shall remain in effect until further                  2. Reallocation of Zinc Costs
                                                    its questionnaire responses without                                                                           3. ‘‘Match Production’’ Language in the SAS
                                                    regard to antidumping duties because its                notice.                                                    Program
                                                    weighted-average dumping margin in                      Notification to Importers                             4. Home Market Sales Intended for Export
                                                    these final results is zero.8                                                                                 5. Sample Sales in the Home Market Database
                                                       For companies that were not selected                    This notice serves as a final reminder             6. Ministerial Error
                                                    for individual examination, we will                     to importers of their responsibility                  7. Distortions Caused by Currency Issues
                                                    instruct CBP to liquidate unreviewed                                                                          Recommendation
                                                                                                            under 19 CFR 351.402(f)(2) to file a
                                                    entries based on the methodology                        certificate regarding the reimbursement               [FR Doc. 2017–23020 Filed 10–23–17; 8:45 am]
                                                    described in the ‘‘Final Rates for Non-                 of antidumping duties prior to                        BILLING CODE 3510–DS–P
                                                    Examined Companies’’ section, above.                    liquidation of the relevant entries
                                                       Consistent with the Department’s                     during this review period. Failure to
                                                    assessment practice, for entries of                                                                           DEPARTMENT OF COMMERCE
                                                                                                            comply with this requirement could
                                                    subject merchandise during the POR
                                                                                                            result in the presumption that                        National Oceanic and Atmospheric
                                                    produced by any company upon which
                                                    we initiated an administrative review,                  reimbursement of antidumping duties                   Administration
                                                    for which they did not know that the                    occurred and the subsequent assessment
                                                    merchandise was destined for the                        of double antidumping duties.11                       Submission for OMB Review;
                                                    United States, we will instruct CBP to                                                                        Comment Request
                                                                                                            Administrative Protective Orders
                                                    liquidate unreviewed entries at the all-                                                                        The Department of Commerce will
                                                    others rate if there is no rate for the                   This notice also serves as a reminder               submit to the Office of Management and
                                                    intermediate company(ies) involved in                   to parties subject to administrative                  Budget (OMB) for clearance the
                                                    the transaction.9                                       protective order (APO) of their                       following proposal for collection of
                                                       We intend to issue instructions to                   responsibility concerning the                         information under the provisions of the
                                                    CBP 15 days after publication of the                    destruction of proprietary information                Paperwork Reduction Act (44 U.S.C.
                                                    final results of this review.                           disclosed under APO in accordance                     Chapter 35).
                                                                                                            with 19 CFR 351.305(a)(3). Timely                       Agency: National Oceanic and
                                                    Cash Deposit Requirements
                                                                                                            written notification of the return or                 Atmospheric Administration (NOAA).
                                                      The following cash deposit                            destruction of APO materials or                         Title: Dr. Nancy Foster Scholarship
                                                    requirements will be effective for all                                                                        Program.
                                                                                                            conversion to judicial protective order is
                                                    shipments of subject merchandise                                                                                OMB Control Number: 0648–0432.
                                                                                                            hereby requested. Failure to comply                     Form Number(s): None.
                                                    entered, or withdrawn from warehouse,
                                                                                                            with the regulations and terms of an                    Type of Request: Regular (revision
                                                    for consumption on or after the
                                                    publication date of the final results of                APO is a sanctionable violation.                      and extension of a currently approved
                                                    this administrative review, as provided                   We are issuing and publishing these                 information collection).
                                                    by section 751(a)(2)(C) of the Act: (1)                 results in accordance with sections                     Number of Respondents: 600.
                                                    The cash deposit rates will be equal to                 751(a)(1) and 777(i)(1) of the Act and 19               Average Hours per Response: Dr.
                                                    the weighted-average dumping margins                    CFR 351.213(h) and 351.221(b)(5) of the               Nancy Foster application form: 8 hours;
                                                    established in the final results of this                Department’s regulations.                             Letter of Recommendation: 45 minutes;
                                                    review; (2) for previously reviewed or                                                                        Bio/Photograph Submission: 1 hour;
                                                    investigated companies not                                                                                    Annual Report: 1 hour, 30 minutes; and
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                  Evaluation: 15 minutes.
                                                      8 See Antidumping Proceeding: Calculation of the                                                              Burden Hours: 1,917.
                                                    Weighted-Average Dumping Margin and                                                                             Needs and Uses: This request is for a
                                                    Assessment Rate in Certain Antidumping Duty                                                                   revision and extension of a current
                                                    Proceedings; Final Modification, 77 FR 8103, 8103                                                             information collection. The evaluation
                                                    (February 14, 2012).
                                                      9 For a full discussion of this practice, see
                                                                                                              10 See Antidumping Duty Order; Welded Carbon        form has been completely redesigned.
                                                    Antidumping and Countervailing Duty Proceedings:        Steel Standard Pipe and Tube Products from              The National Oceanic and
                                                    Assessment of Antidumping Duties, 68 FR 23954           Turkey, 51 FR 17784 (May 15, 1986).                   Atmospheric Administration (NOAA)
                                                    (May 6, 2003).                                            11 See 19 CFR 351.402(f)(3).                        Office of National Marine Sanctuaries


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Document Created: 2018-10-25 10:07:37
Document Modified: 2018-10-25 10:07:37
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 October 24, 2017.
ContactFred Baker or Chelsey Simonovich, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2924 or (202) 482-1979, respectively.
FR Citation82 FR 49179 

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