Daily Rules, Proposed Rules, and Notices of the Federal Government
On June 1, 2012, the Department published the
On October 23, 2012, the Department issued a post-preliminary analysis.
On October 27, 2012, we invited Borusan to submit certain cost data.
On November 5, 2012, U.S. Steel and Borusan submitted comments on the Department's analysis of the petitioners' targeted dumping allegation in the Post-Preliminary Analysis.
The POR covered by this review is May 1, 2010, through April 30, 2011.
The products covered by the order 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. All carbon steel pipes and tubes within the physical description outlined above are included in the scope of this order, 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.
On September 30, 2011, the Department determined that Erbosan had no reviewable entries during the POR.
Moreover, consistent with our practice, we intend to issue liquidation instructions to U.S. Customs and Border Protection (“CBP”) concerning entries for Erbosan and Yucel following the final results of the review.
All issues raised in the case and rebuttal briefs by parties to this proceeding and to which we have responded are listed in Appendix I to this notice and addressed in the Issues and Decision Memorandum, dated concurrently with, and hereby adopted by, this notice.
Based on our analysis of the comments received from interested parties, wehave made the following changes in calculating Borusan's and Toscelik's dumping margins for the final results: (1) We have corrected the home market window period to account for all of Borusan's POR sales; (2) we are not including Borusan's revenue from the sale of land and profit from the previous year and, instead, will exclude such revenue from the calculation of the general and administrative (“G&A”) expense ratio; (3) we are including unpaid exempted import duties in the calculation of Borusan's cost of production; and (4) we re-calculated Toscelik's U.S. credit expense by using Toscelik's own rates from short-term loans in the United States.
As a result of this review, we determine that the following weighted-average dumping margins exist for the
We will disclose calculation memorandums used in our analysis to parties to these proceedings within five days of the date of publication of this notice.
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as amended (“the Act”), and 19 CFR 351.212(b), the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review.
For assessment purposes, the Department applied the assessment rate calculation method adopted in
We calculated such rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales for which entered value was reported. If an importer-specific assessment rate is zero or
The Department clarified its “automatic assessment” regulation on May 6, 2003.
The following cash deposit requirements will be effective upon publication of this notice of final results of the administrative review for all shipments of subject merchandise entered or withdrawn from warehouse, for consumption, on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For the companies subject to this review, the cash deposit rate will be the respective rates established in the final results of this review, as listed above; (2) for previously reviewed or investigated companies not listed above that have their own rates, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which that manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the 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 the subject merchandise; and (4) if neither the exporter nor the manufacturer is a firm covered in this or any previous completed segment conducted under this proceeding by the Department, the cash deposit rate will be 14.74 percent, the all-others rate, established in the LTFV investigation.
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 and/or countervailing 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 and/or countervailing duties occurred and the subsequent increase in antidumping duties by the amount of antidumping and/or countervailing duties reimbursed.
This notice serves as the only 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 or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing these results of review in accordance with sections 751(a)(1) and 777(i)(1) of the Act.