Notice2024-20795
Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary Results and Intent To Rescind, in Part, of Antidumping Duty Administrative Review; 2022-2023
Primary source
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Published
September 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on light-walled rectangular pipe and tube (LWRPT) from Mexico. We preliminarily determine that Maquilacero S.A. de C.V. (Maquilacero)/Tecnicas de Fluidos S.A. de C.V. (TEFLU) and Perfiles LM, S.A. de C.V. (Perfiles) made sales of subject merchandise at less than normal value during the period of review (POR) August 1, 2022, through July 31, 2023. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 178 (Friday, September 13, 2024)</title>
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[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74916-74919]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20795]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary
Results and Intent To Rescind, in Part, of Antidumping Duty
Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on light-walled
rectangular pipe and tube (LWRPT) from Mexico. We preliminarily
determine that Maquilacero S.A. de C.V. (Maquilacero)/Tecnicas de
Fluidos S.A. de C.V. (TEFLU) and Perfiles LM, S.A. de C.V. (Perfiles)
made sales of subject merchandise at less than normal value
[[Page 74917]]
during the period of review (POR) August 1, 2022, through July 31,
2023. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable September 13, 2024.
FOR FURTHER INFORMATION CONTACT: John Conniff or Charles Doss, 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) 482-4474,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2008, Commerce published in the Federal Register the
antidumping duty order on LWRPT from Mexico.\1\ On October 18, 2023, in
accordance with 19 CFR 351.221(c)(1)(i), Commerce published a notice of
initiation for this administrative review.\2\ On April 16, 2024, we
extended the deadline for the preliminary results to August 30,
2024.\3\ On July 22, 2024, Commerce tolled the deadline in this
administrative proceeding by seven days.\4\ The deadline for the
preliminary results is now September 6, 2024. For a complete
description of the events that followed the initiation of this
administrative review, see the Preliminary Decision Memorandum.\5\
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\1\ See Light-Walled Rectangular Pipe and Tube from Mexico, the
People's Republic of China and 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 Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 71829 (October 18, 2023) (Initiation
Notice).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 16,
2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Light-Walled Rectangular Pipe and Tube from Mexico; 2022-2023,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The products covered by the Order are 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 section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). We
calculated export price in accordance with section 772 of the Act. We
calculated normal value 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 included as an
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>.
Intent To Rescind, In Part
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an antidumping duty order where it
determines that there were no suspended entries of subject merchandise
during the POR.\6\ Normally, upon completion of an administrative
review, the suspended entries are liquidated at the antidumping duty
assessment rate for the review period.\7\ Therefore, for an
administrative review to be conducted, there must be a suspended entry
that Commerce can instruct U.S. Customs and Border Protection (CBP) to
liquidate at the calculated antidumping duty assessment rate for the
review period.\8\
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\6\ See, e.g., Certain Carbon and Alloy Steel Cut-to Length
Plate from the Federal Republic of Germany: Recission of Antidumping
Administrative Review; 2020-2021, 88 FR 4157 (January 24, 2023).
\7\ See 19 CFR 351.212(b)(1).
\8\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States,
380 F. Supp. 3d 1328, 1335-36 (CIT 2019), at 12 (referring to
section 751(a) of the Act, the U.S. Court of International Trade
(CIT) held that: ``While the statute does not explicitly require
that an entry be suspended as a prerequisite for establishing
entitlement to a review, it does explicitly state the determined
rate will be used as the liquidation rate for the reviewed entries.
This result can only obtain if the liquidation of entries has been
suspended. . . ;'' see also Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2018-
2019, 86 FR 36102 (July 8, 2021), and accompanying IDM at Comment 4;
and Solid Fertilizer Grade Ammonium Nitrate from the Russian
Federation: Notice of Rescission of Antidumping Duty Administrative
Review, 77 FR 65532 (October 29, 2012) (noting that ``for an
administrative review to be conducted, there must be a reviewable,
suspended entry to be liquidated at the newly calculated assessment
rate'').
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As discussed in greater detail in the Preliminary Decision
Memorandum, the POR entry totals reflected in the data query provided
by U.S. Customs Border Protection (CBP) in the Attachment of the CBP
Data Memorandum reflected no POR entries of subject merchandise from:
(1) Arco Metal S.A. de C.V.; (2) Fabricaciones y Servicios de Mexico;
(3) Galvak, S.A. de C.V.; (4) Grupo Estructuras y Perfiles; (5)
Industrias Monterrey S.A. de C.V.; (6) Internacional de Aceros, S.A. de
C.V.; (7) PEASA-Productos Especializados de Acero; (8) Talleres Acero
Rey S.A. de C.V.; (9) Tuberias Aspe S.A. de C.V.; (10) Tuberia Laguna,
S.A. de C.V.; and (11) Tuberias y Derivados S.A. de C.V.\9\
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\9\ See Memorandum, ``Release of Customs and Border Protection
Data,'' dated October 20, 2023 (CBP Data Memorandum).
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In the absence of any suspended entries of subject merchandise from
these companies during the POR, Commerce hereby notifies all interested
parties of its intent to rescind this administrative review with
respect to these companies. Commerce is providing interested parties
with an opportunity to submit comments on this preliminary decision,
including factual information. Comments, including factual information,
from interested parties are due to Commerce no later than 5:00 p.m.
Eastern Time (ET) on September 13, 2024. Rebuttal comments, including
rebuttal factual information, are due seven days thereafter, by 5:00
p.m. ET on September 20, 2024. All submissions must be filed
electronically at <a href="https://access.trade.gov">https://access.trade.gov</a> in accordance with 19 CFR
351.303.
Rate for Non-Examined 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 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 Perfiles and Maquilacero/TEFLU 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
[[Page 74918]]
simple average of the weighted-average dumping margins calculated for
Perfiles and Maquilacero/TEFLU, consistent with the guidance in section
735(c)(5)(B) of the Act.\10\
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\10\ See Preliminary Decision Memorandum at ``Companies Not
Selected For Individual Examination;'' see also Memorandum,
``Calculation of Non-Selected Rate in Preliminary Results,'' dated
concurrently with this notice; and 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 the Review
Commerce preliminarily determines the following estimated weighted-
average dumping margins exist for the POR:
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Weighted- average
Producer/exporter dumping margin
(percent)
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Maquilacero S.A. de C.V./Tecnicas de Fluidos S.A. de 20.30
C.V.\11\...........................................
Perfiles LM, S.A. de C.V............................ 6.66
Aceros Cuatro Caminos S.A. de C.V./Productos 13.73
Laminados de Monterrey S.A. de C.V.\12\............
Nacional de Acero S.A. de C.V....................... 13.73
Regiomontana de Perfiles y Tubos S. de R.L. de C.V.. 13.73
Ternium Mexico S.A. de C.V.......................... 13.73
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Disclosure and Public Comment
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\11\ Commerce has previously found Maquilacero and TEFLU to
comprise a single entity. See, e.g., Light-Walled Rectangular Pipe
and Tube from Mexico: Final Results of Antidumping Duty
Administrative Review; 2018-2019, 86 FR 33646 (June 25, 2021), and
accompanying Issues and Decision Memorandum (IDM) at Comment 9.
\12\ Commerce has previously found Aceros Cuatro Caminos S.A. de
C.V./Productos Laminados de Monterrey S.A. de C.V. to comprise a
single entity. See, e.g., Light-Walled Rectangular Pipe and Tube
from Mexico: Final Results of Antidumping Duty Administrative
Review; 2015-2016, 83 FR 10664 (March 12, 2018).
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Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of the date of publication of this notice in accordance with
19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\13\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\14\
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\13\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\14\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\15\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\16\
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Final Rule.
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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. 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. Issues raised in the hearing will be limited to
those raised in the respective case 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. ET within 30
days after the date of publication of this notice.
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by 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). If a timely summons is filed at the CIT, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
If the weighted-average dumping margin for Maquilacero/TEFLU or
Perfiles is not zero or de minimis (i.e., less than 0.5 percent) in the
final results of this review, we will calculate importer-specific ad
valorem assessment rates for the merchandise based on the ratio of the
total amount of dumping calculated for the examined sales made during
the POR to each importer and the total entered value of those same
sales, in accordance with 19 CFR 351.212(b)(1). Where we do not have
entered values for all U.S. sales to a particular importer, we will
calculate an importer-specific, per-unit assessment rate on the basis
of the ratio of the total amount of dumping calculated for the
importer's examined sales to the total quantity of those sales.\17\ 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. Where an importer-specific ad valorem assessment rate
is zero or de minimis in the final results of review, we will instruct
CBP to liquidate the appropriate entries without regard to antidumping
duties,
[[Page 74919]]
in accordance with 19 CFR 351.106(c)(2). If a respondent's weighted-
average dumping margin is zero or de minimis in the final results of
review, we will instruct CBP not to assess duties on any of its entries
in accordance with the Final Modification for Reviews, i.e.,
``{w{time} here the weighted-average margin of dumping for the exporter
is determined to be zero or de minimis, no antidumping duties will be
assessed.'' \18\ For entries of subject merchandise during the POR
produced by Maquilacero/TEFLU or Perfiles for which the producer did
not know its merchandise was destined for the United States, we will
instruct CBP to liquidate unreviewed entries at the all-others rate if
there is no rate for the intermediate company (or companies) involved
in the transaction.\19\
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\17\ See 19 CFR 351.212(b)(1).
\18\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
\19\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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 final results. For the companies for
which we intend to rescind the administrative review, upon issuance of
the final results, antidumping duties shall be assessed at a rate equal
to the cash deposit of estimated antidumping duties required at the
time of entry, or withdrawal from warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(1)(i).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review 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 company
listed above will be that 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 rate will be zero; (2) for previously
reviewed or investigated companies not listed above, 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 company
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or in the 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, the
rate established in the investigation of this proceeding.\20\ These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
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\20\ See Order, 85 FR at 37423.
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Final Results of Review
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.\21\
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\21\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Notification to Importers
This notice 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 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 these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy 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. Intent to Rescind Review, In Part
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024-20795 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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