71 FR 43111, July 31, 2006

DEPARTMENT OF COMMERCE

International Trade Administration

(C-489-502)

 
Final Results of Countervailing Duty Administrative Review: 
Certain Welded Carbon Steel Standard Pipe from Turkey

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 6, 2006, the Department of Commerce (``the 
Department'') published in the Federal Register its preliminary results 
of administrative review of the countervailing duty (``CVD'') order on 
certain welded carbon steel standard pipe from Turkey for the period 
January 1, 2004, through December 31, 2004. See Notice of Preliminary 
Results of Countervailing Duty Administrative Review: Certain Welded 
Carbon Steel Standard Pipe from Turkey, 71 FR 17445 (April 6, 2006) 
(``Turkey Pipe 2004 Preliminary''). The Department has now completed 
the administrative review in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (``the Act'').
    Based on our analysis of the comments received, the Department has 
not revised the net subsidy rate for the Borusan Group (``Borusan''), 
the producer/exporter of subject merchandise covered by this review.\1\ 
Further discussion of our analysis of the comments received is provided 
in the accompanying issues and decision memorandum. See Issues and 
Decision Memorandum from Stephen J. Claeys, Deputy Assistant Secretary 
for Import Administration, to David M. Spooner, Assistant Secretary for 
Import Administration, concerning the Final Results of Administrative 
Review of the Countervailing Duty Order on Certain Welded Carbon Steel 
Standard Pipe from Turkey (July 25, 2006) (``Turkey Pipe 2004 
Memorandum''). The final net subsidy rate for Borusan is listed below 
in the ``Final Results of Review'' section.
---------------------------------------------------------------------------

    \1\ During the review period, Borusan was comprised of Borusan 
Birlesik Boru Fabrikalari A.S., Mannesmann Boru Endustrisi T.A.S., 
Borusan Mannesmann Boru Sanayi ve Ticaret A.S., and Borusan Istikbal 
Ticaret T.A.S.

---------------------------------------------------------------------------
EFFECTIVE DATE: July 31, 2006.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-4793.

SUPPLEMENTARY INFORMATION:

Background

    On April 6, 2006, the Department published the preliminary results 
in the Federal Register and invited interested parties to comment on 
the preliminary results. See Turkey Pipe 2004 Preliminary. On May 5, 
2006, we received a case brief from Borusan.\2\
---------------------------------------------------------------------------

    \2\ Neither petitioners (Allied Tube & Conduit Corporation and 
Wheatland Tube Company) nor the Government of the Republic of Turkey 
submitted either a case or rebuttal brief. In addition, none of the 
interested parties requested a hearing.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.213(b), this review covers only those 
producers or exporters of the subject merchandise for which a review 
was specifically requested. Accordingly, this review covers only 
Borusan. The review covers the period January 1, 2004, through December 
31, 2004, and 14 programs.

Scope of the Order

    The products covered by this order are certain welded carbon steel 
pipe and tube with an outside diameter of 0.375 inch or more, but not 
over 16 inches, of any wall thickness (pipe and tube) from Turkey. 
These products are currently provided for under the Harmonized Tariff 
Schedule of the United States (``HTSUS'') as item numbers 7306.30.10, 
7306.30.50, and 7306.90.10. Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
merchandise is dispositive.

Analysis of Comments Received

    All issues raised in Borusan's case brief are addressed in the 
Turkey Pipe 2004 Memorandum, which is hereby adopted by this notice. A 
list of the issues contained in that decision memorandum is attached to 
this notice as Appendix I. Parties can find a complete discussion of 
the issues raised in this review and the corresponding recommendations 
in that public memorandum, which is on file in the Central Records 
Unit, room B-099 of the Commerce Building. In addition, a complete copy 
of that memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn
, under the heading ``Federal Register Notices.'' The 

paper copy and electronic version of the decision memorandum are 
identical in content.

Final Results of Review

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated an ad valorem subsidy rate for Borusan. For the review 
period, we determine the total net subsidy rate to be 0.27 percent ad 
valorem, which is de minimis, pursuant to 19 CFR 351.106(c).
    We will instruct U.S. Customs and Border Protection (``CBP''), 
within 15 days of publication of the final results of this review, to 
liquidate shipments of subject merchandise by Borusan entered, or 
withdrawn from warehouse, for consumption on or after January 1, 2004, 
through December 31, 2004, without regard to countervailing duties. 
Moreover, the Department also will instruct CBP to collect cash 
deposits of estimated countervailing duties at zero percent ad valorem 
on all shipments of the subject merchandise by Borusan entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this review.
    We will also instruct CBP to continue to collect cash deposits for 
non-reviewed companies at the most recent company-specific or country-
wide rate applicable to the company. Accordingly, the cash deposit rate 
that will be applied to non-reviewed companies covered by this order 
will be the rate for that company established in the most recently 
completed administrative proceeding conducted under the Uruguay Round 
Agreements Act (``URAA''). If such a review has not been conducted, the 
rate established in the most recently completed administrative 
proceeding completed pursuant to the statutory provisions that were in 
effect prior to the URAA amendments is

[[Page 43112]]

applicable. See Certain Welded Carbon Steel Pipe and Tube Products from 
Turkey; Final Results of Countervailing Duty Administrative Review, 53 
FR 9791 (March 25, 1988). The ``all others'' rate shall apply to all 
non-reviewed companies until a review of a company assigned this rate 
is requested.
    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(a)(3). Timely written 
notification of the 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.
    This administrative review and this notice are issued and published 
in accordance with section 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 25, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.

APPENDIX I - ISSUES AND DECISION MEMORANDUM

METHODOLOGY & BACKGROUND INFORMATION

    I. Company Information
    II. Subsidies Valuation Information
    A. Benchmark Interest Rates

ANALYSIS OF PROGRAMS

    I. Programs Determined To Be Countervailable
    A. Deduction from Taxable Income for Export Revenue
    B. Pre-Shipment Export Credits
    C. Foreign Trade Companies Short-Term Export Credits
    D. Pre-Export Credits
    II. Programs Determined To Be Not Countervailable
    A. Investment Allowance Under Article 19 of Law 4842
    B. Investment Allowance Under Investment Incentive Certificate
    III. Programs Determined To Not Confer Countervailable Benefits
    A. Export Credit Insurance
    B. Inward Processing Certificate Exemption
    IV. Programs Determined To Not Be Used
    A. VAT Support Program (Incentive Premium on Domestically Obtained 
Goods)
    B. Post-Shipment Export Loans
    C. Pre-Shipment Rediscount Loans
    D. Subsidized Turkish Lira Credit Facilities
    E. Subsidized Credit for Proportion of Fixed Expenditures
    F. Regional Subsidies

TOTAL AD VALOREM RATE

ANALYSIS OF COMMENTS

    Comment 1: Benchmark Interest Rate for Turkish Lira Loans
    Comment 2: Indirect Exports
[FR Doc. E6-12227 Filed 7-28-06; 8:45 am]

BILLING CODE 3510-DS-S