Notice2022-08010
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes 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
April 14, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) finds that the producers/exporters of heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes and tubes) from Mexico subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) September 1, 2019, through August 31, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 72 (Thursday, April 14, 2022)</title>
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[Federal Register Volume 87, Number 72 (Thursday, April 14, 2022)]
[Notices]
[Pages 22186-22188]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08010]
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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; 2019-
2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that the
producers/exporters of heavy walled rectangular welded carbon steel
pipes and tubes (HWR pipes and tubes) from Mexico subject to this
administrative review made sales of subject merchandise at less than
normal value (NV) during the period of review (POR) September 1, 2019,
through August 31, 2020.
DATES: Applicable April 14, 2022.
FOR FURTHER INFORMATION CONTACT: 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) 482-3693.
SUPPLEMENTARY INFORMATION:
Background
Commerce selected two companies, Maquilacero S.A. de C.V.
(Maquilacero) and Productos Laminados de Monterrey S.A. de C.V.
(Prolamsa) (collectively, the
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respondents), for individual examination.\1\
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\1\ Commerce initiated this review covering 11 companies. In the
Preliminary Results, we rescinded the review, in part, for nine of
these companies. See Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from Mexico: Preliminary Results and Partial
Recission of Antidumping Duty Administrative Review; 2019-2020, 86
FR 56689 (October 12, 2021) (Preliminary Results). As a result,
these final results cover only Maquilacero and Prolamsa.
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On October 12, 2021, Commerce published the Preliminary Results and
invited interested parties to comment.\2\ On November 12, 2021,
Maquilacero, Nucor Tubular Products, Incorporated (Nucor), and Prolamsa
filed case briefs.\3\ On November 24, 2021, Nucor, Maquilacero, and
Prolamsa filed rebuttal briefs.\4\ For a description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\5\
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\2\ See Preliminary Results.
\3\ See Maquilacero's Letter, ``Maquilacero S.A. de C.V.'s Case
Brief,'' dated November 12, 2021; see also Nucor's Letter, ``Nucor
Tubular's Case Brief,'' dated November 12, 2021; and Prolamsa's
Letter, ``Case Brief and Request to Participate in Heading, if
Held,'' dated November 11, 2021.
\4\ See Nucor's Letter, ``Nucor Tubular's Rebuttal Brief,''
dated November 24, 2021; see also Maquilacero's Letter,
``Maquilacero S.A. de C.V.'s Rebuttal Brief,'' dated November 24,
2021; and Prolamsa's Letter, ``Rebuttal Brief,'' dated November 26,
2021.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review: Heavy
Walled Rectangular Welded Carbon Steel Pipes and Tubes from Mexico;
2019-2020,'' 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.\6\ 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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\6\ For a complete description of the scope of the order, see
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from
Mexico: Preliminary Results of Antidumping Duty Administrative
Review; 2019-2020, 86 FR 56689 (October 12, 2021) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</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 for the final results.\7\
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\7\ See Issues and Decision Memorandum at 2-3.
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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, 2019, through August
31, 2020:
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Weighted-
average
Producers/exporters dumping
margin
(percent)
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Maquilacero S.A. de C.V..................................... 0.52
Productos Laminados de Monterrey S.A. de C.V................ 1.37
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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.
Because Prolamsa did not report the actual entered value for its sales,
we calculated the entered value in order to calculate the assessment
rate. 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 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 the final
results of this review.\8\
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\8\ See section 751(a)(2)(C) of the Act.
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Commerce's ``reseller policy'' 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.\9\
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\9\ 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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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.\10\
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\10\ See section 751(a)(2)(C) of the Act.
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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 the companies
listed above will be equal to the weighted-average dumping margin
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 rate will continue to be
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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) 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 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, 62867 (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: April 8, 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. Margin Calculations
IV. Discussion of the Issues
Comment 1: Whether Non-Prime Merchandise is Within the Scope of
the Order
Comment 2: Treatment of Maquilacero's Further-Processed
Downstream Sales
Comment 3: Treatment of Abinsa S.A. de C.V.'s (Abinsa's) General
and Administrative (G&A) Expenses
Comment 4: Allocation of Maquilacero's Selling, General, and
Administrative (SG&A) Expenses
Comment 5: Treatment of Maquilacero's Non-Prime Products
Comment 6: Adjustment to Maquilacero's Costs for Purchases From
Affiliated Supplier
Comment 7: Adjustment to Maquilacero's Costs for Variances and
Discounts
Comment 8: Adjustment to Maquilacero's Scrap Offset
Comment 9: Level of Trade (LOT) for Prolamsa's Home Market Sales
Comment 10: Inclusion of Non-Prime Costs of U.S. Products
Comment 11: Treatment of Prolamsa's Home Market Downstream Sales
Comment 12: Adjustment to Prolamsa's Costs for Purchases From
Affiliated Supplier
V. Recommendation
[FR Doc. 2022-08010 Filed 4-13-22; 8:45 am]
BILLING CODE 3510-DS-P
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