Notice2023-05209
Light-Walled Rectangular Pipe and Tube From Mexico: Final Results of 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
March 14, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that sales of light-walled rectangular pipe and tube (LWRPT) from Mexico were made at less than normal value during the period of review (POR), August 1, 2020, through July 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 49 (Tuesday, March 14, 2023)</title>
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[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15665-15667]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05209]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Final Results
of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
sales of light-walled rectangular pipe and tube (LWRPT) from Mexico
were made at less than normal value during the period of review (POR),
August 1, 2020, through July 31, 2021.
DATES: Applicable March 14, 2023.
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 8, 2022, Commerce published the Preliminary Results
for this review in the Federal Register and invited interested parties
to comment on those results.\1\ From November 15 to December 29, 2022,
interested parties submitted case and rebuttal briefs.\2\ For
[[Page 15666]]
a complete summary of events that have occurred since Commerce
published the Preliminary Results, as well as a full discussion of the
issues raised by parties for these final results, see the Issues and
Decision Memorandum.\3\ Commerce conducted this review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
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\1\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Preliminary Results and Partial Rescission of the Antidumping Duty
Administrative Review; 2020-2021, 87 FR 54965 (September 8, 2022)
(Preliminary Results) and accompanying Preliminary Decision
Memorandum.
\2\ See Nucor Tubular Products Inc. (Nucor)'s Letter, ``Nucor
Tubular Case Brief,'' dated November 15, 2022; see also Regiomontana
de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa)'s Letter, ``Case
Brief;'' dated November 15, 2022; Perfiles LM, S.A. de C.V.'s
Letter, ``Case Brief of Perfiles LM;'' dated November 15, 2022;
Regiopytsa's Letter, ``Rebuttal Brief,'' dated November 22, 2022;
Nucor's Letter, ``Nucor's Tubular's Rebuttal Brief Resubmission,''
dated December 29, 2022; and Maquilacero S.A. de C.V. and Tecnicas
de Fluidos S.A. de C.V. (collectively, Maquilacero/TEFLU)'s Letter,
``Resubmission of Maquilacero S.A. de C.V.'s Case and Rebuttal
Briefs;'' dated December 29, 2022.
\3\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube
from Mexico: Issues and Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review; 2020-2021,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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\4\ 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).
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The products covered by the Order are LWRPT from Mexico. For a
complete description of the scope, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum.\5\ A list of the issues that
parties raised and to which we responded in the Issues and Decision
Memorandum is attached in an Appendix to this notice. 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="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>.
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\5\ See Issues and Decision Memorandum.
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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 preliminary weighted-average dumping margins calculated
for Maquilacero/TEFLU, and Regiopytsa. For a detailed discussion of
these changes, see the Issues and Decision Memorandum.\6\
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\6\ Id.
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Rates for Companies Not Selected for Individual Examination
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to individual companies not
selected for 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 for calculating the all-others rate in an investigation, for
guidance when calculating the rate for companies which Commerce did not
examine 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.
For these final results of review, we calculated a weighted-average
dumping margin for both respondents, Maquilacero/TEFLU and Regiopytsa.
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.\7\
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\7\ See Memorandum, ``Final Results of the Antidumping Duty
Administrative Review of Light-Walled Rectangular Pipe and Tube from
Mexico: Calculation of the Rate for Non-Selected Respondents,''
dated concurrently with this notice.
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Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period August 1, 2020, through July 31, 2021:
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Weighted-average
Producer or exporter dumping margin
(percent)
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Maquilacero S.A. de C.V./Tecnicas de Fluidos S.A. de 9.20
C.V................................................
Regiomontana de Perfiles y Tubos S. de R.L. de C.V.. 1.56
Perfiles LM, S.A. de C.V............................ 5.38
Productos Laminados de Monterrey S.A. de C.V........ 5.38
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Disclosure
Commerce intends to disclose the calculations performed for these
final results to interested parties in this review under administrative
protective order within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. In accordance with 19 CFR
351.212(b)(1), for Maquilacero/TEFLU 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.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR for which the examined companies did
not know that the merchandise they sold to an intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate such
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
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
[[Page 15667]]
of this review and for future deposits of estimated duties, where
applicable.\8\
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\8\ See section 751(a)(2)(C) of the Act.
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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 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 rates for the companies
identified above in the ``Final Results of Review'' will be equal to
the company-specific weighted-average dumping margin established in the
final results of this administrative review; (2) for merchandise
exported by a company not covered in this administrative review but
covered in a completed prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment of this proceeding; (3) if the
exporter is not a firm covered in this review or completed prior
segment of this proceeding but the producer is, the cash deposit rate
will be the company-specific 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 3.76 percent, the rate established in the
investigation of this proceeding.\9\
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\9\ 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 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction 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 the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
the term 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)
and 19 CFR 351.213(h)(1).
Dated: March 7, 2023.
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 Issues
Comment 1: Whether Maquilacero and TEFLU Should Continue to be
Collapsed
Comment 2: Whether Products Sold by TEFLU are In-Scope
Merchandise
Comment 3: Whether Commerce Should Use Unverified Maquilacero/
TEFLU Information
Comment 4: Whether Commerce Should Modify its Treatment of
Certain TEFLU IMMEX Sales
Comment 5: Whether Commerce Should Modify the Product Comparison
Methodology SAS Programming
Comment 6: Whether Commerce Must Adjust its Differential Pricing
Analysis for Maquilacero/TEFLU
Comment 7: Whether to Reallocate Costs for Prime and Non-Prime
Products
Comment 8: Whether Commerce Should Combine Maquilacero and
TEFLU's Home Market Sales
Comment 9: Whether to Implement Certain Corrections to TEFLU's
IMMEX Sales
Comment 10: Whether to Correct the Application of Maquilacero/
TEFLU's Transactions Disregarded Adjustment
Comment 11: Whether to Assign a Value for U.S. Sales Where No
Importer is Reported
Comment 12: Whether to Include Abinsa's Late Payment Charges
Revenue
Comment 13: Whether to Modify the Treatment of Certain Agent-
Related Expenses
Comment 14: Whether to Allow Maquilacero's Packing Adjustment
Comment 15: Whether Commerce Should Use Regiopytsa's Quarterly
Cost Periods
Comment 16: Whether Commerce Should Use a Different General and
Administrative Expense Ratio for Regiopytsa
Comment 17: Whether Commerce Should Modify Regiopytsa's Net
Financial Expense Ratio
Comment 18: Whether Commerce Should Rely on a Different
Methodology for Assigning a Weighted-Average Dumping Margin to
Perfiles
VI. Recommendation
[FR Doc. 2023-05209 Filed 3-13-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 14, 2023.
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