Notice2021-19320
Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
Primary source
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Published
September 7, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on light- walled rectangular pipe and tube from Mexico, covering the period August 1, 2019, through July 31, 2020. We preliminarily find that Regiomontana de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa) and Perfiles LM, S.A. de C.V. (Perfiles) made sales of subject merchandise at less than normal value (NV) during the period of review (POR). We invite interested parties to comment on these preliminary results.
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<title>Federal Register, Volume 86 Issue 170 (Tuesday, September 7, 2021)</title>
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[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50025-50027]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19320]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on light-
walled rectangular pipe and tube from Mexico, covering the period
August 1, 2019, through July 31, 2020. We preliminarily find that
Regiomontana de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa) and
Perfiles LM, S.A. de C.V. (Perfiles) made sales of subject merchandise
at less than normal value (NV) during the period of review (POR). We
invite interested parties to comment on these preliminary results.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT: John Conniff or Kyle Clahane, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1009 and (202) 482-5449,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2008, Commerce published the Order in the Federal
Register.\1\ On October 6, 2020, Commerce published in the Federal
Register a notice of initiation listing the firms for which timely
requests were submitted for an administrative review of 18
companies.\2\ On December 3, 2020, we selected Perfiles and Regiopytsa
for individual examination as the mandatory respondents in this
administrative review.\3\ On January 19, 2021, we rescinded the review
for 12 companies included in the Initiation Notice.\4\ On April 13,
2021, we extended the deadline for the preliminary results to August
31, 2021.\5\
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\1\ See Light-Walled Rectangular Pipe and Tube from Mexico, the
People's Republic of China, and the Republic of Korea: Antidumping
Duty Orders; Light-Walled Rectangular Pipe and Tube from the
Republic of Korea: Notice of Amended Final Determination of Sales at
Less Than Fair Value, 73 FR 45403 (August 5, 2008) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 63081 (October 6, 2020) (Initiation
Notice). The Initiation Notice listed 18 companies and 19 company
names since it included both the current and former versions of
Regiopytsa's company name.
\3\ See Memorandum, ``2019-2020 Antidumping Duty Administrative
Review of Light-Walled Rectangular Pipe and Tube from Mexico:
Respondent Selection Memorandum,'' dated December 3, 2020 at 1.
\4\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Partial Rescission of Antidumping Duty Administrative Review: 2019-
2020, 86 FR 5135 (January 19, 2021).
\5\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube
from Mexico: Extension of Deadline for the Preliminary Results of
Antidumping Duty Administrative Review; 2019-2020,'' dated April 13,
2021.
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For a complete description of the events that followed the
initiation of the review, see the Preliminary Decision Memorandum.\6\
The Preliminary 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="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>. A list of
topics included in the Preliminary Decision Memorandum is included in
the Appendix to this notice.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results: Light-Walled Rectangular Pipe and Tube from Mexico; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The products covered by the scope of the order are certain light-
walled rectangular pipe and tube from Mexico. For a complete
description of the scope, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(2) of
[[Page 50026]]
the Tariff Act of 1930, as amended (the Act). Export price was
calculated in accordance with section 772 of the Act. Normal value was
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Rate for Non-Selected Companies
For the rate for companies not selected for individual examination
in an administrative review, generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in a less-than-fair-value (LTFV) investigation. 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
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .'' In this
administrative review, we calculated a weighted-average dumping margin
each for Perfiles and Regiopytsa that is not zero, de minimis, or based
on total facts available. The weighted-average dumping margin
calculated for the non-selected companies is an average of the
weighted-average dumping margins of the two mandatory respondents
weighted by the publicly ranged U.S. sales values of the mandatory
respondents.\7\
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\7\ See Memorandum, ``Calculation of the Rate for Non-Selected
Respondents,'' dated concurrently with this notice; see also Ball
Bearings and Parts Thereof from France, Germany, Italy, Japan, and
the United Kingdom: Final Results of Antidumping Duty Administrative
Reviews, Final Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663 (September 1,
2010).
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Preliminary Results of Review
We preliminarily determine that, for the period August 1, 2019,
through July 31, 2020, the following weighted-average dumping margins
exist:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Perfiles LM, S.A. de C.V.................................... 0.78
Regiomontana de Perfiles y Tubos S. de R.L. de C.V \8\...... 1.05
Maquilacero S.A. de C.V..................................... 0.98
Nacional de Acero S.A. de C.V............................... 0.98
Productos Laminados de Monterrey S.A. de C.V................ 0.98
Ternium Mexico S.A. de C.V.................................. 0.98
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to parties within five days after the date of
publication of this notice.\9\
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\8\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review; 2018-2019, 85 FR 83886 (December 23, 2020),
and accompanying Preliminary Decision Memorandum at 6, unchanged in
Light-Walled Rectangular Pipe and Tube from Mexico: Final Results of
Antidumping Duty Administrative Review; 2018-2019, 86 FR 33646 (June
25, 2021), where Commerce determined that Regiomontana de Perfiles y
Tubos S. de R.L. de C.V. is the successor-in-interest to
Regiomontana de Perfiles y Tubos S.A. de C.V. The successor is
merely a revision of the type of incorporation under Mexican law
that did not impact the company's ownership, management, or
operations. For the current review, the petitioner's review request
included both the current and former versions of Regiopytsa's
company name.
\9\ See 19 CFR 351.224(b).
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Commerce will announce the briefing schedule to interested parties
at a later date. Interested parties may submit case briefs on the
deadline that Commerce will announce. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than seven
days after the date for filing case briefs.\10\ Parties who submit case
or rebuttal briefs in this proceeding are encouraged to submit with
each argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\11\ Executive summaries
should be limited to five pages total, including footnotes.
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\10\ See 19 CFR 351.309(d)(1).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance within 30 days of the date of publication of this
notice.\12\ Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, Commerce intends to hold the hearing
at a time and date to be determined. Parties should confirm by
telephone the date and time of the hearing two days before the
scheduled date.
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\12\ See 19 CFR 351.310(c).
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All submissions, including case and rebuttal briefs or requests for
a hearing, should be filed using ACCESS \13\ and must be served on
interested parties.\14\ An electronically-filed document must be
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Time on the established deadline.\15\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\16\
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\13\ See 19 CFR 351.303 (for general filing requirements).
\14\ See 19 CFR 351.303(f).
\15\ See 19 CFR 351.303(b)(1).
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Final Results of Review
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case and rebuttal briefs, within 120 days
of publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the administrative review, pursuant to section
751(a)(2)(A) of the Act, Commerce shall determine, 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.
For individually examined respondents whose calculated weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.50
percent), we will calculate importer-specific ad valorem duty
assessment rates based on
[[Page 50027]]
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is not zero or de minimis. If a 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 assessment
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate 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 this review
where applicable.
Regarding entries of subject merchandise during the period of
review that were produced by Perfiles and Regiopytsa and for which they
did not know that the merchandise was destined for the United States,
we will instruct CBP to liquidate such entries at the all-others rate
of 3.76 percent, as established in the LTFV investigation, if there is
no rate for the intermediate company(ies) involved in the
transaction.\17\ For a full discussion of this matter, see Assessment
Policy Notice.\18\
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\17\ See Order, 73 FR at 45405.
\18\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
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For those companies which were not individually examined, we will
instruct CBP to assess antidumping duties at an ad valorem rate equal
to each company's weighted-average dumping margin as determined in the
final results of this review.
Commerce intends to issue assessment 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). The
final results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review
where applicable.
Cash Deposit Requirements
The following 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 established in the final results of this administrative 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 rates will be zero; (2) for companies not participating in this
review, the cash deposit rate will continue to be the company-specific
rate published for the most recently completed segment of this
proceeding in which the producer or exporter participated; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original LTFV investigation but the producer is, the cash deposit rate
will be the rate established for the most recently completed segment of
this proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
the all-others rate of 3.76 percent.\19\
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\19\ See Order, 73 FR at 45405.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a preliminary 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 the Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
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)(4).
Dated: August 31, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual Examination
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2021-19320 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-DS-P
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