Notice2024-24497
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Preliminary Results and Rescission in Part, of the Antidumping Duty Administrative Review; 2022-2023
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 23, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines heavy walled rectangular welded carbon steel pipes and tubes (HWR) from Mexico were sold at less than normal value during the period of review (POR), September 1, 2022, through August 31, 2023. Additionally, Commerce is rescinding this review, in part, with respect to certain companies. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 205 (Wednesday, October 23, 2024)</title>
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[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Notices]
[Pages 84530-84532]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24497]
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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 and Rescission in Part, of the Antidumping
Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines heavy walled rectangular welded carbon steel pipes and tubes
(HWR) from Mexico were sold at less than normal value during the period
of review (POR), September 1, 2022, through August 31, 2023.
Additionally, Commerce is rescinding this review, in part, with respect
to certain companies. We invite interested parties to comment on these
preliminary results.
DATES: Applicable October 23, 2024.
FOR FURTHER INFORMATION CONTACT: Taylor Hatley or Christopher Hargett,
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) 482-4886 or (202)
482-4161, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2016, Commerce published in the Federal Register
the antidumping duty order on HWR from Mexico.\1\ On September 6, 2023,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On November 15, 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 19 companies.\3\ On December 9, 2022, Commerce selected
Maquilacero S.A. de C.V. (Maquilacero) and Productos Laminados de
Monterrey 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, 88 FR 60923 (September
6, 2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 78298 (November 15, 2023) (Initiation
Notice).
\4\ See Memorandum, ``Respondent Selection for the 2022-2023
Antidumping Duty Administrative Review,'' dated January 11, 2024.
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On May 16, 2024, Commerce extended the preliminary results of this
review until August 30, 2024.\5\ On July 22, 2024, Commerce tolled
certain deadlines in this administrative proceeding by seven days.\6\
Subsequently on August 15, 2024, Commerce extended the deadline for the
preliminary results until October 4, 2024.\7\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\8\
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\5\ See Memorandum, ``Extension of Deadline for the Final
Results of Antidumping Duty Administrative Review,'' dated May 16,
2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated August
15, 2024.
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022-2023 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Steel Cut-to-Length Plate
from Italy,'' (Preliminary Decision Memorandum) dated concurrently
with, and hereby adopted by, this notice.
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Rescission of Administrative Review in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review. On
February 13, 2024, Nucor Tubular Products, Inc. (the petitioner) timely
withdrew its request for an administrative review with respect to 17
companies.\9\ Because no other parties requested a review of these
companies, we are rescinding this review, in part, with respect to
these 17 companies.\10\
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\9\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated February 13, 2024.
\10\ Companies for which the review request was withdrawn are:
(1) Aceros del Toro S.A. de C.V.; (2) Aceros El Fraile S.A. de C.V.;
(3) Arco Metal S.A. de C.V.; (4) Border Assembly S. de R.L. de C.V.;
(5) Buffalo Tube S.A. de C.V.; (6) Fortacero S.A. de C.V.; (7) Forza
Steel S.A. de C.V.; (8) Grupo Collado S.A. de C.V; (9) Industrias
Monterrey S.A. de C.V.; (10) Perfiles y Herrajes L.M. S.A. de C.V.;
(11) P.J. Trailers Company S.A. de C.V.; (12) Placa y Fierro de
Monterrey S.A. de C.V.; (13) PYTCO S.A. de C.V.; (14) Regiomontana
de Perfiles y Tubos S.A. de C.V.; (15) Ternium S.A. de C.V.; (16)
Tuberia Nacional S.A. de C.V.; and (17) Tuberias Procarsa S.A. de
C.V.
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Scope of the Order
The products covered by the Order are HWR pipes and tubes from
Mexico. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
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. Normal value 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>.
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: \11\
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\11\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily collapsed the following companies and treated
them as a single entity: Maquilacero S.A. de C.V.; Tecnicas de
Fluidos S.A. de C.V.
[[Page 84531]]
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Maquilacero S.A. de C.V.; Tecnicas de Fluidos S.A. de C.V... 7.22
Productos Laminados de Monterrey S.A. de C.V................ 8.13
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Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
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.\12\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the time limit for
filing case briefs.\13\ Parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a statement of the issue;
(2) a brief summary of the argument; and (3) a table of
authorities.\14\
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\12\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\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 CFR 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, no 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 Acting Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
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. Issues raised
in the hearing will be limited to issues raised in the respective case
briefs. If a request for a hearing is made, Commerce intends to hold
the hearing at a date and time to be determined and will notify the
parties through ACCESS.17 Parties should confirm the date, time, and
location of the hearing two days before the scheduled date. All
submissions, including case and rebuttal briefs, as well as hearing
requests, should be filed using ACCESS. An electronically-filed
document must be received successfully in its entirety by ACCESS \17\
by 5:00 p.m. Eastern Time on the established deadline.
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\17\ See 19 CFR 351.310(d).
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, 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.\18\
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\18\ See 19 CFR 351.212(b).
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Pursuant to 19 CFR 351.212(b)(1), 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 ad valorem 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.\19\ 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 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, in the final
results of review, we intend to instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\20\
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\19\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification for Reviews).
\20\ 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.\21\
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\21\ 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 for which this review is being rescinded, in
part, Commerce will instruct CBP to assess antidumping duties on all
appropriate entries. Antidumping duties shall be assessed at rates
equal to the cash deposit rate for 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). With respect
to the recission of this review, in part, Commerce intends to issue
assessment instructions to CBP no earlier than 41 days after the date
of publication of this notice in the Federal Register.
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.\22\
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\22\ 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
[[Page 84532]]
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.\23\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\23\ See Order.
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Final Results of Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of its analysis of issues raised by interested parties in the
written comments, within 120 days of publication of these preliminary
results in the Federal Register.\24\
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\24\ See section 751(a)(3)(A) of the Act; see also 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) 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: October 4, 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.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-24497 Filed 10-22-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 23, 2024.
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