Notice2023-22202
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
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
October 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that 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, 2021, through August 31, 2022. We invited interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 192 (Thursday, October 5, 2023)</title>
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[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69127-69129]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22202]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-847]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
Mexico: Preliminary Results of Antidumping Duty Administrative Review;
2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that 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,
2021, through August 31, 2022. We invited interested parties to comment
on these preliminary results.
DATES: Applicable October 5, 2023.
FOR FURTHER INFORMATION CONTACT: David Crespo or Nathan Araya, 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 or (202) 482-3401,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2016, Commerce published in the Federal Register
the antidumping duty order on HWR pipes and tubes from Mexico.\1\ On
September 1, 2022, Commerce published in the Federal Register a notice
of opportunity to request an administrative review of the Order.\2\ On
November 3, 2023, based on timely requests for review, in accordance
with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of
the Order with respect to 12 companies.\3\ On December 9, 2022,
Commerce selected Maquilacero S.A. de C.V. (Maquilacero) and Productos
Laminados de Monterrey
[[Page 69128]]
S.A. de C.V. (Prolamsa) for individual examination as mandatory
respondents in this administrative review.\4\
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\1\ 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, (September 13, 2016)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 53719, (September
1, 2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 66275 (November 3, 2022).
\4\ See Memorandum, ``Respondent Selection for the 2021-2022
Antidumping Duty Administrative Review,'' dated December 9, 2022.
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On May 25, 2023, Commerce extended the preliminary results of this
review until September 29, 2023.\5\
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\5\ See Memorandum, ``Extension of Deadline for the Final
Results of Antidumping Duty Administrative Review,'' dated May 22,
2022; and ``Correction of Subject Line for Extension of Preliminary
Results,'' dated May 25, 2023.
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Scope of the Order
The products covered by the Order are HWR pipes and tubes from
Mexico.\6\ A full description of the scope of Order is contained in the
Preliminary Decision Memorandum.\7\
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\6\ For a complete description of the scope of the Order, see
Preliminary Decision Memorandum.
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022: Heavy
Walled Rectangular Welded Carbon Steel Pipes and Tubes from
Mexico,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price and constructed export price are calculated in accordance
with section 772 of the Act. NV is calculated in accordance with
section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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 is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to 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 instructions for
calculating the all-others rate in a market economy investigation, for
guidance when calculating the rate 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 any zero or de minimis margins, and any margins
determined entirely on the basis of facts available. 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 preliminarily calculated weighted-average
dumping margins for the mandatory respondents, Maquilacero and
Prolamsa, that are not zero, de minimis, or based entirely on total
facts available. Accordingly, Commerce is preliminarily assigning to
the companies not individually examined, listed in the chart below, a
margin of 4.33 percent which is the weighted-average of Maquilacero's
and Prolamsa's calculated weighted-average dumping margins.\8\
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\8\ For more information regarding the calculation of this
margin, see Memorandum, ``Calculation of the Weighted-Average
Dumping Margin for Non-Selected Companies for the Preliminary
Results,'' dated concurrently with this notice. As the weighting
factor, we relied on the publicly ranged sales data reported in the
quantity and value charts submitted by Maquilacero and Prolamsa.
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Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the period September 1,
2021, through August 31, 2022:
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Weighted- average
Exporter/producer dumping margin
(percent)
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Maquilacero S.A. de C.V.............................. 5.14
Productos Laminados de Monterrey S.A. de C.V......... 3.91
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Review-Specific Average Rate Applicable to the Following Companies
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Aceros del Toro S.A. de C.V.......................... 4.33
Aceros El Fraile S.A. de C.V......................... 4.33
Border Assembly S. de R.L. de C.V.................... 4.33
Buffalo Tube S.A. de C.V............................. 4.33
Fortacero S.A. de C.V................................ 4.33
Grupo Collado S.A. de C.V............................ 4.33
Perfiles y Herrajes L.M. S.A. de C.V................. 4.33
P.J. Trailers Company S.A. de C.V.................... 4.33
Placa y Fierro de Monterrey S.A. de C.V.............. 4.33
Regiomontana de Perfiles y Tubos S.A. de C.V......... 4.33
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\9\
Interested parties may submit case briefs or other written comments to
Commerce no later than 30 days after the date of publication of this
notice.\10\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the deadline for
filing case briefs.\11\
[[Page 69129]]
Interested parties who submit case briefs 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.\12\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\13\
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c)(1)(ii).
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\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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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
ACCESS. Hearing requests should contain: (1) the party's name, address,
and telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Oral presentations at the hearing will be
limited to issues raised in the briefs. An electronically filed hearing
request must be received successfully in its entirety by Commerce's
electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30
days after the date of publication of this notice. 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.
Final Results of Review
Unless extended, Commerce intends to issue the final results of
this administrative review, including the results of its analysis of
issues raised in any written briefs, no later than 120 days after the
date of publication of these preliminary results in the Federal
Register.\14\
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\14\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise covered by this review.
If a respondent's weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.50 percent) in the final results of this
review, we intend to calculate an importer-specific assessment rate
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 in accordance with 19 CFR 351.212(b)(1).\15\ 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 sales. 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.
If either of the respondents' weighted average dumping margin or an
importer-specific assessment rate is zero or de minimis in the final
results of review, we intend to instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\16\
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\15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\16\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
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For entries of subject merchandise during the POR produced by each
individually examined respondent for which the producer did not know
that the merchandise was destined for the United States, we will
instruct CBP to liquidate unreviewed entries at the all-others rate
(4.91 percent) if there is no rate for the intermediate company(ies)
involved in the transaction.\17\
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\17\ See Order; see also Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003).
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For the companies identified above that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rate established after the completion of the final results of this
review.
The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by this review and for future deposits of estimated duties,
where applicable.\18\
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\18\ 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 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 merchandise exported by companies not covered in this review
but covered in a prior segment of this proceeding, the cash deposit
rate will continue to be the company-specific rate published in the
completed segment for the most recent period; (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 rate established in the completed
segment for the most recent period 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.\19\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\19\ See Order.
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Notification to Importers
This notice also serves as a preliminary 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 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 doubled antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: September 28, 2023.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-22202 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 5, 2023.
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