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.
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\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.
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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\
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\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.
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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