Notice2023-10213
Light-Walled Rectangular Pipe and Tube From Mexico: Amended 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
May 12, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty order on light-walled rectangular pipe and tube (LWRPT) from Mexico to correct certain ministerial errors. The period of review is August 1, 2020, through July 31, 2021.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 92 (Friday, May 12, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Pages 30723-30725]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10213]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Amended 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) is amending the
final results of the administrative review of the antidumping duty
order on light-walled rectangular pipe and tube (LWRPT) from Mexico to
correct certain ministerial errors. The period of review is August 1,
2020, through July 31, 2021.
DATES: Applicable May 12, 2023.
FOR FURTHER INFORMATION CONTACT: John Conniff, 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.
SUPPLEMENTARY INFORMATION:
Background
On March 14, 2023, Commerce published the Final Results of the
2020-2021 administrative review of LWRPT from Mexico.\1\ Additionally,
on March 13, 2023, Commerce informed interested parties that it had
disclosed all calculations for the Final Results, and provided them
with the opportunity to submit ministerial error comments.\2\
Subsequently, on March 20, 2023, Commerce received a timely filed
allegation from Regiomontana de Perfiles y Tubos S. de R.L. de C.V.
(Regiopytsa) regarding the calculation of its final weighted-average
dumping margin.\3\ No other interested party submitted comments.
---------------------------------------------------------------------------
\1\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Final Results of Antidumping Duty Administrative Review; 2020-2021,
88 FR 15665 (March 14, 2023) (Final Results), and accompanying
Issues and Decision Memorandum.
\2\ See Memorandum, ``Deadline for Ministerial Error Comments,''
dated March 13, 2023.
\3\ See Regiopytsa's Letter, ``Ministerial Error Comments,''
dated March 20, 2023.
---------------------------------------------------------------------------
[[Page 30724]]
Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act) and
19 CFR 351.224(f) define a ``ministerial error'' as including ``errors
in addition, subtraction, or other arithmetic function, clerical errors
resulting from inaccurate copying, duplication, or the like, and any
other unintentional error which the administering authority considers
ministerial.'' With respect to final results of administrative reviews,
19 CFR 351.224(e) provides that Commerce ``will analyze any comments
received and, if appropriate, correct any ministerial error by amending
. . . the final results of review . . . .''
Ministerial Error
Regiopytsa alleges that Commerce made a ministerial error in the
Final Results within the meaning of section 751(h) of the Act and 19
CFR 351.224(f) by inadvertently basing average normal value and U.S.
prices on quarterly weighted-average home market and U.S. prices,
rather than on monthly weighted-average prices. Regiopytsa argues that
Commerce's practice is to based average normal value and average U.S.
prices on monthly averages of home market and U.S. prices,
respectively. This error resulted in an incorrect weighted-average
dumping margin calculated for Regiopytsa.
We agree with Regiopytsa that Commerce made a ministerial error in
its use of quarterly average prices for normal value and average U.S.
prices. Pursuant to 777A(d)(2) of the Act, in an administrative review,
a normal value based on comparison market prices must be limited to the
period of a calendar month. By extension, when using the average-to-
average comparison method, average U.S. prices must also be limited to
U.S. market prices to the period of a calendar month. We have revised
the margin calculations such that normal value and average U.S. price
is based on monthly weighted-average home market and U.S. prices,
respectively.
Details of Commerce's analysis of Regiopytsa's ministerial error
allegation are included in the Ministerial Error Allegation
Memorandum.\4\ The Ministerial Error Allegation Memorandum is a public
document and is available 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>.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Antidumping Duty Administrative Review of
Light-Walled Rectangular Pipe and Tube from Mexico; 2020-2021:
Ministerial Error Allegation,'' dated concurrently with this notice
(Ministerial Error Allegation Memorandum).
---------------------------------------------------------------------------
Accordingly, pursuant to 19 CFR 351.224(e), Commerce is amending
the Final Results to reflect the correction of this ministerial error
in the calculation of the weighted-average dumping margin for
Regiopytsa, which changes from 1.56 percent to 1.44 percent.\5\
Furthermore, we are amending the weighted-average dumping margin for
the companies not selected for individual examination in this review.
The weighted-average dumping margin for the non-examined companies is
based on the weighted-average dumping margins calculated for the
mandatory respondents, which changes from 5.38 percent to 5.32
percent.\6\
---------------------------------------------------------------------------
\5\ Id.
\6\ See Memorandum, ``Amended Non-Examined Company Rate
Calculation,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Amended Final Results of Review
As a result of correcting the ministerial error, Commerce
determines that the following weighted-average dumping margins exist
for the period August 1, 2020, through July 31, 2021:
---------------------------------------------------------------------------
\7\ The weighted-average dumping margin for Maquilacero/TEFLU
remains unchanged from the Final Results. See Final Results, 88 FR
at 15666.
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V./Tecnicas de Fluidos S.A. de 9.20
C.V.\7\................................................
Regiomontana de Perfiles y Tubos S. de R.L. de C.V...... 1.44
Perfiles LM, S.A. de C.V................................ 5.32
Productos Laminados de Monterrey S.A. de C.V............ 5.32
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed for these amended final
results to parties to this segment of the proceeding within five days
of the date of the publication of these amended final results, pursuant
to 19 CFR 351.224(b).
Assessment Rate
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 these amended final
results of the administrative review.
In accordance with 19 CFR 351.212(b)(1), for Maquilacero S.A. de
C.V. (Maquilacero) and Tecnicas de Fluidos S.A. de C.V. (TEFLU)
(collectively, Maquilacero/TEFLU) and Regiopytsa, we calculated
importer-specific ad valorem antidumping duty assessment rates based on
the ratio of the total amount of dumping calculated for the examined
sales for each importer to the total entered value of the sales for
each importer. Where an importer-specific antidumping duty assessment
rate is zero or de minimis within the meaning of 19 CFR 351.106(c)(1),
Commerce 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 period of review produced by either
Maquilacero/TEFLU or Regiopytsa for which the examined company did not
know that the merchandise that they sold to the intermediary company
(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.
For the companies which were not selected for individual
examination, we will instruct CBP to assess antidumping duties at an ad
valorem assessment rate equal to the company-specific weighted- average
dumping margin determined in these amended final results.
The amended final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the amended 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 amended 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
retroactively for all shipments of subject merchandise that entered, or
were withdrawn from warehouse, for consumption on or after March 14,
2023, the date of publication of the Final Results of this
administrative review. As provided for 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 these
amended final results of review;
[[Page 30725]]
(2) for exporters not covered in this review but covered in a 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 another completed segment of this proceeding, but the
producer is, then 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) if neither the exporter nor the
producer is a firm covered in this or any previously completed segment
of this proceeding, then the cash deposit rate will be the all-others
rate of 3.76 percent established in the less-than-fair-value
investigation.\9\
---------------------------------------------------------------------------
\9\ 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).
---------------------------------------------------------------------------
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the period of review. Failure to comply with
this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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 terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).
Dated: May 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-10213 Filed 5-11-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on May 12, 2023.
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.