Notice2024-10846
Heavy-Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Amended Final 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
May 17, 2024
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 (AD) order on heavy-walled rectangular welded carbon steel pipes and tubes (HWR pipes and tubes) from Mexico to correct a ministerial error. The period of review (POR) is September 1, 2021, through August 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 97 (Friday, May 17, 2024)</title>
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[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Notices]
[Pages 43376-43378]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10846]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-847]
Heavy-Walled Rectangular Welded Carbon Steel Pipes and Tubes From
Mexico: Amended Final 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) is amending the
final results of the administrative review of the antidumping duty (AD)
order on heavy-walled rectangular welded carbon steel pipes and tubes
(HWR pipes and tubes) from Mexico to correct a ministerial error. The
period of review (POR) is September 1, 2021, through August 31, 2022.
DATES: Applicable May 17, 2024.
FOR FURTHER INFORMATION CONTACT: David Crespo or Taylor Hatley, 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) 482-4886,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 9, 2024, Commerce published in the Federal Register the
Final Results of the 2021-2022 administrative review of the AD order on
HWR pipes and tubes from Mexico.\1\ On April 4, 2024, Commerce
disclosed its calculations and provided interested parties with the
opportunity to submit ministerial error comments.\2\ On April 9, 2024,
Productos Laminados de Monterrey S.A. de C.V (Prolamsa), a mandatory
respondent in this review, timely submitted a ministerial error
allegation.\3\ No other interested party submitted a ministerial error
allegation or rebutted Prolamsa's ministerial error allegation. We are
amending the Final Results to correct the ministerial error raised by
Prolamsa.
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\1\ See Heavy-Walled Rectangular Welded Carbon Steel Pipes and
Tubes From Mexico: Final Results of Antidumping Duty Administrative
Review; 2021-2022, 89 FR 24777 (April 9, 2024) (Final Results).
\2\ See Memorandum, ``2021-2022 Antidumping Duty Administrative
Review of Certain Heavy Walled Rectangular Welded Carbon Steel Pipes
and Tubes from Mexico,'' dated April 4, 2024.
\3\ See Prolamsa's Letter, ``Ministerial Error Comments,'' dated
April 9, 2024 (Prolamsa's Ministerial Error Allegation).
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Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines 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
Commerce determined that it made an inadvertent error within the
meaning of section 751(h) of the Act and 19 CFR 351.224(f) with respect
to the treatment of the currency in which Prolamsa incurred its U.S.
inventory carrying costs. Accordingly, pursuant to 19 CFR 351.224(e),
Commerce is amending the Final Results to correct this ministerial
error.\4\ This correction results in a change to Prolamsa's weighted-
average dumping margin. For a complete description and analysis of the
specific inadvertent error, and Prolamsa's ministerial error
allegation, see the accompanying Ministerial Error Allegation
Memorandum.\5\ The Ministerial Error Allegation 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>.
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\4\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from Mexico; 2021-2022: Ministerial Error Allegation in the
Final Results,'' dated concurrently with this notice (Ministerial
Error Allegation Memorandum).
\5\ 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 instructions 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 any zero, de minimis (i.e., less than 0.5
percent), or determined entirely on the basis of facts available.
For these amended final results of review, we calculated a
weighted-average dumping margin for Prolamsa that is not zero, de
minimis, or based entirely on the basis of facts available.
The calculated weighted-average dumping margins for the mandatory
respondents, Maquilacero S.A. de C.V. (Maquilacero) \6\ and Prolamsa,
are not zero, de minimis, or based entirely on total facts available.
Accordingly, Commerce is assigning to the companies not individually
examined, listed in the chart below, a margin of 2.86 percent which is
the weighted-average of Maquilacero's and Prolamsa's calculated
weighted-average dumping margins.\7\
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\6\ We note that the final margin for mandatory respondent,
Maquilacero, did not change in these amended final results and
continues to be 5.06 percent. See Final Results, 89 FR 24778.
\7\ See Memorandum, ``Calculation of the Weighted-Average
Dumping Margin for Non-Selected Companies for the Amended Final
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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[[Page 43377]]
Amended Final Results
As a result of correcting the ministerial error, Commerce
determines that the following estimated weighted-average dumping
margins exists 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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Productos Laminados de Monterrey S.A. de C.V........ 1.61
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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......................... 2.86
Aceros El Fraile S.A. de C.V........................ 2.86
Border Assembly S. de R.L. de C.V................... 2.86
Buffalo Tube S.A. de C.V............................ 2.86
Fortacero S.A. de C.V............................... 2.86
Grupo Collado S.A. de C.V........................... 2.86
Perfiles y Herrajes L.M. S.A. de C.V................ 2.86
P.J. Trailers Company S.A. de C.V................... 2.86
Placa y Fierro de Monterrey S.A. de C.V............. 2.86
Regiomontana de Perfiles y Tubos S.A. de C.V........ 2.86
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these amended final results of review to interested
parties within five days after public announcement of the amended final
results or, if there is no public announcement, within five days of the
date of publication of the notice of amended final results in the
Federal Register, 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 this amended final
results of this review.
Pursuant to 19 CFR 351.212(b)(1), where Prolamsa reported the
entered value of its U.S. sales, Commerce calculated importer-specific
ad valorem AD 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 Prolamsa did not report
entered value, we calculated 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 calculated an importer-specific ad valorem ratio based on
estimated entered values. Where Prolamsa'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.
For entries of subject merchandise during the POR produced by
Prolamsa for which it did not know that its merchandise was destined
for the United States, we will instruct CBP to liquidate such entries
at the all-others rate established in the less-than-fair-value (LTFV)
investigation of 4.91 percent ad valorem,\8\ if there is no rate for
the intermediate company(ies) involved in the transaction.
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\8\ 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).
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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 equal to the weighted-average dumping margin identified above
in the ``Final Results of Review'' section.
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 amended cash deposit requirements will be effective
retroactively upon publication of the amended final results of this
administrative review in the Federal Register, for all shipments of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after April 9, 2024, the publication date of the
Final Results, as provided by section 751(a)(2)(C) of the Act: (1) the
amended cash deposit rate for the companies listed above will be equal
to the weighted-average dumping margin established in these amended
final results of this review; (2) for merchandise exported by companies
not covered in this review but covered in a prior completed 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 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.\9\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\9\ Id.
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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 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.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
an
[[Page 43378]]
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 violation which is subject to sanction.
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 7, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-10846 Filed 5-16-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 17, 2024.
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