Notice2022-19337
Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2020-2021
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
September 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Maquilacero S.A. de C.V. (Maquilacero) and Tecnicas de Fluidos S.A. de C.V. (TEFLU), (collectively, Maquilacero/TEFLU) and Regiomontana de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa) made sales of light-walled rectangular pipe and tube from Mexico at less than normal value during the period of review August 1, 2020, through July 31, 2021. We are also rescinding this review for 14 companies where timely requests for withdrawals were filed by all parties who requested their review. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 173 (Thursday, September 8, 2022)</title>
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[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54965-54968]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19337]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary
Results and Partial Rescission of the Antidumping Duty Administrative
Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Maquilacero S.A. de C.V. (Maquilacero) and Tecnicas de
Fluidos S.A. de C.V. (TEFLU), (collectively, Maquilacero/TEFLU) and
Regiomontana de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa) made
sales of light-walled rectangular pipe and tube from Mexico at less
than normal value during the period of review August 1, 2020, through
July 31, 2021. We are also rescinding this review for 14 companies
where timely requests for withdrawals were filed by all parties who
requested their review. We invite interested parties to comment on
these preliminary results.
DATES: Applicable September 8, 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 and (202) 482-5449,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2008, Commerce published the antidumping duty order on
light-walled rectangular pipe and tube from Mexico in the Federal
Register.\1\ On August 2, 2021, we published a notice of opportunity to
request an administrative review of the Order.\2\ On October 7, 2021,
based on
[[Page 54966]]
timely requests for reviews, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the Order
covering 18 companies.\3\ On October 27, 2021, we selected Maquilacero/
TEFLU and Regiopytsa for individual examination as the mandatory
respondents in this administrative review.\4\
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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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 86 FR 41436 (August 2, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811, 55813 (October 7, 2021)
(Initiation Notice). 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. in 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 (PDM), 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).
The successor company, Regiomontana de Perfiles y Tubos S. de R.L.
de C.V., 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 Initiation Notice
included both the current and former versions of Regiopytsa's
company name. Additionally, we collapsed Maquilacero and TEFLU in
the 2018-19 administrative review. 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 PDM, 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). Because there is no information on the record of this
administrative review that would lead us to revisit this
determination, we are continuing to treat these companies as part of
a single entity for the purposes of this administrative review.
\4\ See Memorandum, ``Respondent Selection,'' dated October 27,
2021.
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For a complete description of the events that followed the
initiation of the review, see the Preliminary Decision Memorandum.\5\ A
list of topics included in the Preliminary Decision Memorandum is
included in the appendix to this notice. 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results: Light-Walled Rectangular Pipe and Tube from Mexico; 2020-
2021,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is 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 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.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received a timely-
filed withdrawal request from Nucor Tubular Products Inc. (Nucor) on
January 5, 2022, withdrawing its request for 14 companies, pursuant to
19 CFR 351.213(d)(1).\6\ Because the withdrawal request was timely
filed, and no other party requested a review of these companies, in
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this
review of the Order with respect Aceros Cuatro Caminos S.A. de C.V.;
Arco Metal S.A. de C.V.; Fabricaciones y Servicios de Mexico; Galvak,
S.A. de C.V.; Grupo Estructuras y Perfiles; Industrias Monterrey S.A.
de C.V; Internacional de Aceros, S.A. de C.V.; Nacional de Acero S.A.
de C.V.; PEASA-Productos Especializados de Acero; Talleres Acero Rey
S.A. de C.V.; Ternium Mexico S.A. de C.V.; Tuberias Aspe S.A de C.V.;
Tuberia Laguna, S.A. de C.V.; and Tuberias y Derivados S.A. de C.V.
However, Perfiles LM, S.A. de C.V. (Perfiles) and Productos Laminados
de Monterrey S.A. de C.V. (Prolamsa) remain subject to this review.
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\6\ See Nucor's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated January 5, 2022.
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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 weighted-average dumping margins
for Maquilacero/TEFLU and Regiopysta that are not zero, de minimis, or
based entirely on total facts available. For the respondents that were
not selected for individual examination in this administrative review,
we have assigned to them the simple average of the margins for
Maquilacero/TEFLU and Regiopysta, consistent with the guidance in
section 735(c)(5)(B) of the Act.\7\
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\7\ See Memorandum, ``Calculation of Non-Selected Rate in
Preliminary Results,'' 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, 2020,
through July 31, 2021, the following estimated weighted-average dumping
margins exist:
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Weighted-
average
Exporter or producer dumping margin
(percent)
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Maquilacero S.A. de C.V./Tecnicas de Fluidos S.A. de C.V 3.11
Regiomontana de Perfiles y Tubos S. de R.L. de C.V...... 4.47
Perfiles LM, S.A. de C.V................................ 3.79
Productos Laminados de Monterrey S.A. de C.V............ 3.79
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[[Page 54967]]
Disclosure
We intend to disclose the calculations performed for these
preliminary results to parties within five days after the date of
publication of this notice.\8\
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\8\ See 19 CFR 351.224(b).
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Verification
On January 18, 2022, Nucor requested that Commerce conduct
verification of Maquilacero/TEFLU's and Regiopytsa's responses.
Accordingly, as provided in section 782(i)(3) of the Act, Commerce
intends to verify the information relied upon in determining its final
results.
Public Comment
Interested parties will be notified of the timeline for the
submission of such case briefs and written comments at a later date.
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.\9\ 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.\10\ Executive summaries should be limited to five pages
total, including footnotes.
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\9\ See 19 CFR 351.309(d)(1).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
Commerce's electronic records system, ACCESS, within 30 days of the
date of publication of this notice.\11\ 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, time, and
location of the hearing two days before the scheduled date.
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\11\ See 19 CFR 351.310(c).
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All submissions to Commerce should be filed using ACCESS.\12\ An
electronically filed document must be received successfully in its
entirety by ACCESS, by 5:00 p.m. Eastern Time on the date that the
document is due. Note that Commerce has modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\13\
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\12\ See 19 CFR 351.303.
\13\ 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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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 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 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). If the
respondent has not reported entered values, we will calculate a per-
unit assessment rate for each importer by dividing the total amount of
dumping calculated for the examined sales made to that importer by the
total quantity associated with those transactions. To determine whether
an importer-specific, per-unit assessment rate is de minimis, in
accordance with 19 CFR 351.106(c)(2), we also will calculate an
importer-specific ad valorem ratio based on estimated entered values.
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 Maquilacero/TEFLU 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.\14\ For a full discussion of this issue,
see the Assessment Policy Notice.\15\
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\14\ See Order, 73 FR at 45405.
\15\ 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 that companies 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).
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.\16\
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\16\ See Order, 73 FR at 45405.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
[[Page 54968]]
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, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
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. 2022-19337 Filed 9-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 8, 2022.
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