Notice2022-05211
Light-Walled Rectangular Pipe and Tube From Mexico: Final Results of Antidumping Duty Administrative Review; 2019-2020
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
March 11, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that sales of light-walled rectangular pipe and tube from Mexico were made at less than normal value during the period of review (POR) August 1, 2019, through July 31, 2020.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 48 (Friday, March 11, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 13973-13974]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05211]
[[Page 13973]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Final Results
of Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that sales of
light-walled rectangular pipe and tube from Mexico were made at less
than normal value during the period of review (POR) August 1, 2019,
through July 31, 2020.
DATES: Applicable March 11, 2022.
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 or (202) 482-5449,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 7, 2021, Commerce published the preliminary results of
this administrative review of the antidumping duty order on light-
walled rectangular pipe and tube (LWRPT) from Mexico.\1\ We invited
interested parties to comment on the Preliminary Results. A summary of
events that occurred since Commerce published the Preliminary Results,
as well as a full discussion of the issues raised by parties for these
final results, are discussed in the Issues and Decision Memorandum.\2\
Commerce conducted this review in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 50025 (September 7, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube
from Mexico: Issues and Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review; 2019-2020,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>3</SUP>
---------------------------------------------------------------------------
\3\ 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).
---------------------------------------------------------------------------
The product covered by the Order is light-walled rectangular pipe
and tube from Mexico. For a full description of the scope, see the
Issues and Decision Memorandum.
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum.\4\ A list of the issues discussed
in the Issues and Decisions Memorandum is attached in an appendix to
this notice. The Issues and Decision Memorandum is a public document
and is available electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic 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 Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\4\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on our analysis of the comments received from interested
parties, a review of the record, and for the reasons explained in the
Issues and Decision Memorandum, we made certain changes to the
Preliminary Results. For detailed information, see the Issues and
Decision Memorandum.
Rate for Non-Selected Companies
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin to be applied to companies not
selected for individual examination when Commerce limits its
examination in an administrative review pursuant to section 777A(c)(2)
of the Act. 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, for guidance when
calculating the weighted-average dumping margin for companies which
were not selected for individual examination in an administrative
review. 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 rates that are zero, de
minimis (i.e., less than 0.5 percent), or determined entirely on the
basis of facts available.
Consistent with section 735(c)(5)(A) of the Act, we determined the
weighted-average dumping margin for each of the non-selected companies
based on the weighted-average dumping margins calculated for the
mandatory respondents, Perfiles LM, S.A. de C.V. (Perfiles) and
Regiomontana de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa) in
this administrative review.\5\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Antidumping Duty Administrative Review of
Light-Walled Rectangular Pipe and Tube from Mexico: Calculation of
Margin for Respondents Not Selected for Individual Examination,''
dated concurrently with this notice. In the case of two mandatory
respondents, our practice is to calculate: (A) A weighted average of
the weighted-average dumping margins calculated for the mandatory
respondents using each company's business proprietary total sales
value of the subject merchandise; (B) a simple average of the
weighted-average dumping margins calculated for the mandatory
respondents: And (C) a weighted average of the weighted-average
dumping margins calculated for the mandatory respondents using each
company's publicly ranged total sales value for the subject
merchandise. We compare (B) and (C) to (A) and select the (B) or (C)
rate that is closest to (A) as the most appropriate rate for the
companies not selected for individual examination. See Certain
Crystalline Silicon Photovoltaic Products from Taiwan: Final Results
of Antidumping Duty Administrative Review; 2014-2016, 82 FR 31555,
31556 (July 7, 2017).
---------------------------------------------------------------------------
Final Results of Review
As a result of this review, Commerce determines the following
weighted-average dumping margins exist for the period August 1, 2019,
through July 31, 2020.
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping margin
(percent)
------------------------------------------------------------------------
Perfiles LM, S.A. de C.V................................ 0.62
Regiomontana de Perfiles y Tubos S. de R.L. de C.V.\6\.. 1.09
Maquilacero S.A. de C.V................................. 0.96
Nacional de Acero S.A. de C.V........................... 0.96
Productos Laminados de Monterrey S.A. de C.V............ 0.96
Ternium Mexico S.A. de C.V.............................. 0.96
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed for these
final results under administrative protective order within five days of
the date of
[[Page 13974]]
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
---------------------------------------------------------------------------
\6\ 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.
---------------------------------------------------------------------------
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
Patrol (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. In accordance with 19 CFR 351.212(b)(1), for Perfiles and
Regiopytsa, the mandatory respondents, Commerce calculated importer-
specific ad valorem antidumping duty assessment rates based on the
ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those same sales. Where
either 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.
Consistent with the reseller policy, for entries of subject
merchandise during the POR produced by the mandatory respondents for
which they did not know their merchandise was destined for the United
States, we intend to 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.\7\
---------------------------------------------------------------------------
\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
The assessment rate for antidumping duties for each of the
companies not selected for individual examination, will be equal to the
weighted-average dumping margin identified above in the ``Final Results
of Review'' section.
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 and for future deposits of estimated
duties, where applicable.\8\
---------------------------------------------------------------------------
\8\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
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). If
a timely summons is filed at the U.S. Court of International Trade, the
assessment instructions will direct CBP not to liquidate relevant
entries until the time for parties to file a request for a statutory
injunction has expired (i.e., within 90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of 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 the companies listed above will
be equal to the weighted-average dumping margin established in the
final results of this administrative review; (2) for merchandise
exported by producers or exporters not covered in this review but
covered in a prior completed segment of the proceeding, the cash
deposit rate will continue to be the relevant company-specific rate
published for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the original investigation,
but the producer has been covered in a prior complete segment of this
proceeding, then the cash deposit rate will be the rate established for
the most recently-completed segment for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 3.76 percent,\9\ the all-others rate
established in the less-than-fair-value investigation.
---------------------------------------------------------------------------
\9\ See Order.
---------------------------------------------------------------------------
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
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 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.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act, and
19 CFR 351.221(b)(5).
Dated: March 4, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Perfiles' Reported Billing Adjustments
Comment 2: Cohen's d Test
Comment 3: Application of Adverse Facts Available to Perfiles'
Home Market Sales
Comment 4: Production Cost of Off-Grade and Defective Products
Comment 5: Adjustment to Perfiles' Reported Coil Cost
Comment 6: Unreconciled Differences of Perfiles' Production
Costs
Comment 7: Major Input Analysis
Comment 8: Application of Adverse Facts Available to
Regiopytsa's Financial Expense Ratio
VI. Recommendation
[FR Doc. 2022-05211 Filed 3-10-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on March 11, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.