[Federal Register Volume 65, Number 114 (Tuesday, June 13, 2000)]
[Notices]
[Pages 37116-37117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14892]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-501]
Certain Welded Carbon Steel Pipe and Tube From Turkey: Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of antidumping duty administrative
review.
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SUMMARY: On February 8, 2000, the Department of Commerce published the
preliminary results of administrative review of the antidumping duty
order on certain welded carbon steel pipe and tube from Turkey. This
review covers one producer/exporter, the Borusan Group, during the
period May 1, 1998, through April 30, 1999.
Based on our analysis of comments received, we have made changes in
the margin calculations. Although the exact weighted-average dumping
margin in the final results has changed, it remains de minimis as in
the preliminary results. See the section entitled ``Final Results of
the Review.''
EFFECTIVE DATE: June 13, 2000.
FOR FURTHER INFORMATION CONTACT: Charles Riggle at (202) 482-0650 or
David Layton at (202) 482-0371, Import Administration, Room 1870,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the Act), are references to the provisions effective
January 1, 1995, the effective date of the amendments made to the Act
by the Uruguay Round Agreements Act (URAA). In addition, unless
otherwise indicated, all citations to the Department of Commerce's (the
Department's) regulations are to 19 CFR part 351 (April 1999).
Background
On February 8, 2000, the Department published in the Federal
Register the preliminary results of administrative review of the
antidumping duty order on certain welded carbon steel pipe and tube
from Turkey. Notice of Preliminary Results of Antidumping Duty
Administrative Review: Certain Welded Carbon Steel Pipe and Tube From
Turkey, 65 FR 6159 (Preliminary Results). We invited parties to comment
on the Preliminary Results. The Borusan Group (Borusan), the sole
respondent in this review, submitted a case brief on March 9, 2000. No
other party filed a case brief or rebuttal brief. The Department has
conducted this administrative review in accordance with section 751 of
the Act.
Scope of the Review
The products covered by this review include circular welded non-
alloy steel pipes and tubes, of circular cross-section, not more than
406.4 millimeters (16 inches) in outside diameter, regardless of wall
thickness, surface finish (black, galvanized, or painted), or end
finish (plain end, beveled end, threaded and coupled). Those pipes and
tubes are generally known as standard pipe, though they may also be
called structural or mechanical tubing in certain applications.
Standard pipes and tubes are intended for the low pressure
conveyance of water, steam, natural gas, air, and other liquids and
gases in plumbing and heating systems, air conditioner units, automatic
sprinkler systems, and other related uses. Standard pipe may also be
used for light load-bearing and mechanical applications, such as for
fence tubing, and for protection of electrical wiring, such as conduit
shells.
[[Page 37117]]
The scope is not limited to standard pipe and fence tubing, or
those types of mechanical and structural pipe that are used in standard
pipe application. All carbon steel pipes and tubes within the physical
description outlined above are included in the scope of this review,
except for line pipe, oil country tubular goods, boiler tubing, cold-
drawn or cold-rolled mechanical tubing, pipe and tube hollows for
redraws, finished scaffolding, and finished rigid conduit.
Imports of these products are currently classifiable under the
following Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90.
Although the HTSUS subheadings are provided for convenience and
customs purposes, our written description of the scope of this
proceeding is dispositive.
Analysis of Comments Received
Borusan made only two comments regarding the Preliminary Results.
As stated above no other party commented on the decision. In its first
comment, Borusan points out that the wrong exchange rates were used in
the preliminary results margin calculation. We discuss this below in
the ``Changes Since the Preliminary Results'' section. In its second
comment, Borusan asked that the Department indicate in the final
results and the subsequent cash deposit instructions issued to Customs
that two pipe producers, Mannesmann Boru and Kartal Boru, are part of
the Borusan Group. The Department notes that these affiliations are
well established by the record of the review and have never been
disputed by the Department or any interested party. We will ensure that
Customs is notified accordingly in the cash deposit instructions.
Because these issues do not require extensive discussion, we have not
issued a separate decision memorandum to accompany these final results
of the review.
Sales Below Cost in the Home Market
The Department disregarded Borusan's home-market below-cost sales
which failed the cost test in these final results of review.
Changes Since the Preliminary Results
In its case brief, Borusan pointed out a clerical error resulting
in the use of the wrong set of Turkish lira exchange rates in the
margin calculation for the preliminary results. We agree with Borusan.
For these final results, we have applied the exchange rates which we
had stated we would use in the preliminary results.
Final Results of Review
As a result of our correction of the clerical error, we determine a
final weighted-average margin of 0.38 percent for Borusan for the
period May 1, 1998, through April 30, 1999.
The Customs Service will assess antidumping duties on all
appropriate entries. The Department will issue appraisement
instructions directly to the Customs Service. We have calculated an
exporter/customer-specific assessment value for subject merchandise
based on the ratio of the total amount of antidumping duties calculated
for the examined sales to the total quantity sold.
Cash-Deposit Requirements
The following deposit requirement shall be effective upon
publication of this notice of final results of review for all shipments
of certain welded carbon steel pipe and tube from Turkey, entered, or
withdrawn from warehouse, for consumption on or after the publication
date, as provided for by section 751(a)(1) of the Act: (1) The cash
deposit rate for the Borusan Group is zero based on a weighted-average
margin rate for Borusan of 0.38 percent, which is de minimis within the
meaning of 19 CFR 351.106(c); (2) for previously reviewed or
investigated companies not listed above, the cash deposit rate will
continue to be the company-specific rate published for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the original less-than-fair-value (LTFV)
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; and (4) if neither the exporter nor the manufacturer
is a firm covered in this or any previous review conducted by the
Department, the cash deposit rate will be 14.74 percent, the ``all
others'' rate established in the LTFV investigation.
The deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of return/
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.
We are issuing and publishing this determination in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: June 7, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-14892 Filed 6-12-00; 8:45 am]
BILLING CODE 3510-DS-P