Notice2021-16396
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Final Results of Antidumping Duty Administrative Review; 2018-2019
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 2, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) finds that the producers/exporters subject to this administrative review did not make sales of subject merchandise at less than normal value during the period of review (POR) September 1, 2018, through August 31, 2019.
Full Text
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<title>Federal Register, Volume 86 Issue 145 (Monday, August 2, 2021)</title>
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[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Pages 41448-41450]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16396]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-847]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
Mexico: Final Results of Antidumping Duty Administrative Review; 2018-
2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that the
producers/exporters subject to this administrative review did not make
sales of subject merchandise at less than normal value during the
period of review (POR) September 1, 2018, through August 31, 2019.
DATES: Applicable August 2, 2021.
FOR FURTHER INFORMATION CONTACT: David Goldberger or David Crespo, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4136 or (202)
482-3693, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers 11 producers/exporters of the subject
merchandise. Commerce selected two companies, Maquilacero S.A. de C.V.
(Maquilacero) and Productos Laminados de Monterrey S.A. de C.V.
(Prolamsa) (collectively, the mandatory respondents), for individual
examination. The producers/exporters not selected for individual
examination are listed in Appendix II.
On January 26, 2021, Commerce published the Preliminary Results.\1\
We invited interested parties to comment on the Preliminary Results.\2\
On March 8, 2021, Nucor Tubular Products Inc. (i.e., the domestic
interested party) and Maquilacero filed case briefs. On March 17, 2021,
the domestic interested party, Maquilacero, and Prolamsa filed rebuttal
briefs. On April 8, 2021, we postponed the final results until July 23,
2021.\3\ For a description of the events that occurred since the
Preliminary
[[Page 41449]]
Results, see the Issues and Decision Memorandum.\4\
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\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from Mexico: Preliminary Results of Antidumping Duty
Administrative Review; 2018-2019, 86 FR 7067 (January 26, 2021)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ Id.
\3\ See Memorandum, ``Extension of Deadline for the Final
Results of the 2018-2019 Antidumping Duty Administrative Review,''
dated April 8, 2021.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Antidumping Duty Administrative Review: Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from Mexico; 2018-2019,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by the order are heavy walled rectangular
welded steel pipes and tubes from Mexico.\5\ Products subject to the
order are currently classified under the Harmonized Tariff Schedule of
the United States (HTSUS) item number 7306.61.1000. Subject merchandise
may also be classified under 7306.61.3000. Although the HTSUS numbers
and ASTM specification are provided for convenience and for customs
purposes, the written product description remains dispositive.
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\5\ For a full description of the scope of the order, see Issues
and Decision Memorandum.
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Analysis of the Comments Received
All issues raised in the case and rebuttal briefs are listed in
Appendix I to this notice and addressed in the Issues and Decision
Memorandum. 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the weighted-average dumping margin calculations for
Maquilacero and Prolamsa, and the companies not selected for individual
review, for the final results.\6\
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\6\ See Issues and Decision Memorandum.
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Final Results of the Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period September 1, 2018, through August
31, 2019:
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Weighted-
average
Producers/exporters dumping
margin
(percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V..................................... 0.00
Productos Laminados de Monterrey S.A. de C.V................ 0.00
Companies Not Selected for Individual Review \7\............ 0.00
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Review-Specific Rate for Companies Not Selected for Individual Review
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\7\ 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 examined, excluding any margins that are
zero or de minimis margins, and any margins determined entirely {on
the basis of facts available{time} .'' For these final results, we
have calculated weighted-average dumping margins for Maquilacero and
Prolamsa that are zero, and we have not calculated any margins which
are not zero, de minimis, or determined entirely on the basis of
facts available. Accordingly, we have assigned to the companies not
individually examined a margin of zero percent. The exporters/
producers subject to this review, but not selected for individual
review, are listed in Appendix II.
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The dumping margins for the exporters or producers not selected for
individual review are listed in Appendix II.
Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results to interested parties within five
days of the date of publication of this notice, in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), where Maquilacero and Prolamsa
reported the entered value of their U.S. sales, we calculated importer-
specific ad valorem duty assessment 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. Where
Prolamsa did not report entered value, we calculated the entered value
in order to determine the assessment rate. Where either the
respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. For the
companies which were not selected for individual review, because we are
assigning these companies an assessment rate based on the cash deposit
rate calculated for Maquilacero and Prolamsa,\8\ we will instruct CBP
to liquidate these entries without regard to antidumping duties. The
final results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review.\9\
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\8\ This rate was calculated as discussed in footnote 7, above.
\9\ See section 751(a)(2)(C) of the Act.
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Maquilacero or
Prolamsa for which the reviewed companies did not know that the
merchandise they sold to the intermediary (e.g., a reseller, trading
company, or exporter) was destined for the United States. In such
instances, 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.\10\
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\10\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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We intend to issue liquidation instructions to CBP no earlier than
41 days after the date of publication of the final results of this
review in the Federal Register, in accordance with 19 CFR 356.8(a).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the 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 rate for each specific
company listed above will be equal to the weighted-average dumping
margin that is established in the final results of this review, except
if the rate is less than 0.50 percent and, therefore, de minimis within
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit
rate will be zero; (2) for previously reviewed or investigated
companies not covered in this review, the cash deposit will continue to
be the company-specific cash deposit rate published for the most
recently completed segment in which the company was reviewed; (3) if
the exporter is not a firm covered in this review, a prior review, or
the original less-than-fair-value (LTFV)
[[Page 41450]]
investigation, but the producer is, then the cash deposit rate will be
the cash deposit rate established for the most recently completed
segment of this proceeding for the producer of the subject merchandise;
and (4) the cash deposit rate for all other producers or exporters will
continue to be 4.91 percent, the all-others rate established in the
LTFV investigation.\11\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\11\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea, Mexico, and the Republic of
Turkey: Antidumping Duty Orders, 81 FR 62865, 62866 (September 13,
2016).
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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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
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), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written 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.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: July 22, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
General Issues
Comment 1: Deduction of 232 Duties
Issues Related to Maquilacero
Comment 2: Alleged Error in Calculating Quarterly Cost of Hot-
rolled Coil (HRC)
Comment 3: Adjustment to Costs for Non-Prime Products
Comment 4: Adjustment to Maquilacero's Scrap Offset
Issues Related to Prolamsa
Comment 5: Home Market Level of Trade (LOT) and Constructed
Export Price (CEP) Offset
Comment 6: Overrun Sales Outside the Ordinary Course of Trade
Comment 7: Errors in the Application of U.S. Freight Revenue
Comment 8: Claimed Inventory Adjustment to Raw Material Costs
Comment 9: Error in Standard Cost Adjustment
Comment 10: Change in Average Useful Life (AUL) of Certain
Assets
Comment 11: Calculation of General and Administrative (G&A)
Expense Ratio
Comment 12: Adjustment to Prolamsa's Scrap Offset
VI. Recommendation
Appendix II
Review-Specific Rate Applicable to Companies Not Selected for
Individual Review: \12\
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\12\ For these final results, we have calculated weighted-
average dumping margins for Maquilacero and Prolamsa that are zero,
and we have not calculated any margins which are not zero, de
minimis, or determined entirely on the basis of facts available.
Accordingly, we have assigned to the companies not individually
examined a margin of zero percent. See section 735(c)(5)(A) of the
Act.
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Arco Metal S.A. de C.V...................................... 0.00
Forza Steel S.A. de C.V..................................... 0.00
Industrias Monterrey, S.A. de C.V........................... 0.00
Perfiles y Herrajes LM S.A. de C.V.......................... 0.00
PYTCO S.A. de C.V........................................... 0.00
Regiomontana de Perfiles y Tubos S.A. de C.V................ 0.00
Ternium S.A. de C.V......................................... 0.00
Tuberia Nacional, S.A. de C.V............................... 0.00
Tuberias Procarsa S.A. de C.V............................... 0.00
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[FR Doc. 2021-16396 Filed 7-30-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 2, 2021.
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