Certain Oil Country Tubular Goods From Mexico: Preliminary Results and Recission, In Part, of Antidumping Duty Administrative Review; 2022-2023
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that certain oil country tubular goods (OCTG) from Mexico were sold in the United States at prices below normal value. Additionally, Commerce is rescinding this administrative review with respect to one company. The period of review (POR) is May 11, 2022, through October 31, 2023. Interested parties are invited to comment on these preliminary results.
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<title>Federal Register, Volume 89 Issue 234 (Thursday, December 5, 2024)</title>
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[Federal Register Volume 89, Number 234 (Thursday, December 5, 2024)]
[Notices]
[Pages 96638-96640]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28476]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-856]
Certain Oil Country Tubular Goods From Mexico: Preliminary
Results and Recission, 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) preliminarily finds
that certain oil country tubular goods (OCTG) from Mexico were sold in
the United States at prices below normal value. Additionally, Commerce
is rescinding this administrative review with respect to one company.
The period of review (POR) is May 11, 2022, through October 31, 2023.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable December 5, 2024.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1121.
SUPPLEMENTARY INFORMATION:
Background
On November 21, 2022, Commerce published in the Federal Register an
antidumping duty order on OCTG from Mexico.\1\ On November 2, 2023,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order for the POR.\2\ On
December 29, 2023, Commerce published the notice of initiation of this
administrative review.\3\ On July 18, 2024, in accordance with section
751(a)(3)(A) of the Act, Commerce extended the preliminary results of
review until November 21, 2024.\4\ On July 22, 2024, Commerce tolled
certain deadlines in this administrative proceeding by seven days.\5\
The deadline for the preliminary results of review is now November 29,
2024.\6\
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\1\ See Oil Country Tubular Goods from Argentina, Mexico, and
the Russian Federation: Antidumping Duty Orders and Amended Final
Affirmative Determination for the Russian Federation, 87 FR 70785
(November 21, 2022) (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 75270 (November
2, 2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 90168, 90170 (December 29, 2023).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated July 18,
2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\6\ Because the current deadline for these final results falls
on a holiday (i.e., November 28, 2024), the deadline became the next
business day (i.e., November 29, 2024). See Notice of Clarification:
Application of ``Next Business Day'' Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act of 1930, As
Amended, 70 FR 24533 (May 10, 2005).
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Scope of the Order
The product covered by the Order is OCTG from Mexico. For a
complete description of the scope of the Order,
[[Page 96639]]
see the Preliminary Decision Memorandum. \7\
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\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Oil Country Tubular Goods from Mexico; 2022-2023,'' dated
concurrently with this notice.
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Partial Recission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received a request
for review of Siderca S.A.I.C. (Siderca) from United States Steel
Tubular Products, Inc. (USTTP), a domestic interested party.\8\ On
February 27, 2024, USSTP withdrew its request for a review of
Siderca.\9\ Because the request for review was timely withdrawn for
Siderca, and because no other party requested a review of Siderca, in
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this
review for Siderca.
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\8\ See USSTP's Letter, ``Request for Administrative Review,''
dated November 30, 2023.
\9\ See USSTP's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated February 27, 2024.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. For a full description of the methodology underlying
these preliminary results, see the Preliminary Decision Memorandum. A
list of the 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 found at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Results of Review
Commerce preliminarily finds that the following estimated weighted-
average dumping margin exists for the period May 11, 2022, through
October 31, 2023:
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Weighted-
average
Exporter/Producer dumping
margin
(percent)
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Tubos de Acero de Mexico, S.A............................... 30.38
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Disclosure and Public Comment
Commerce intends to disclose the calculations and analysis
performed for these preliminary results to interested parties within
five days of public announcement of the preliminary results 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).
The deadline for case briefs or other written comments submitted to
the Assistant Secretary for Enforcement and Compliance will be
established at a later date. 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.\10\ 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.\11\
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\10\ 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).
\11\ 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 administrative 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.\12\ 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 of this 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).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ 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, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. 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 otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rate
Upon completion of this administrative review, pursuant to section
751(a)(2)(C) of the Act, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries covered by this review. If the weighted-average
dumping margin for a mandatory respondent is not zero or de minimis in
the final results of this review, we will calculate an importer-
specific assessment rate on the basis of the ratio of the total amount
of dumping calculated for each importer's examined sales and the total
entered value of such sales in accordance with 19 CFR
351.212(b)(1).\14\ If the weighted-average dumping margin is zero or de
minimis in the final results of review, or if an importer-specific
assessment rate is zero or de minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\15\
For entries of subject merchandise during the POR produced by the
respondent(s) for which it did not know its merchandise was destined
for the United States, 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
[[Page 96640]]
the transaction.\16\ The final results of this administrative review
shall be the basis for the assessment of antidumping duties on entries
of merchandise under review and for future cash deposits of estimated
antidumping duties, where applicable.
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\14\ 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).
\15\ Id., 77 FR 8102-03; see also 19 CFR 351.106(c)(2).
\16\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For Siderca, for which the administrative review is rescinded,
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).
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 U.S. Court of International Trade, 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).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register 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
date of publication, as provided by section 751(a)(2)(C) of the Act:
(1) the cash deposit rate for companies subject to this review will be
equal to the company-specific weighted-average dumping margin
established in the final results of this administrative review; (2) for
merchandise exported by a company 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 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 less-than-
fair-value investigation but the producer is, then the cash deposit
rate will be the rate established in the most recently completed
segment of the proceeding for the producer of the merchandise; and (4)
the cash deposit rate for all other producers or exporters will
continue to be 44.93 percent, the all-others rate established in the
less-than-fair-value investigation.\17\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\17\ See Order, 87 FR 70786.
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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 POR. 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
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i) of the Act, 19 CFR 351.213(h)(2),
and 19 CFR 351.221(b)(4).
Dated: November 29, 2024.
Steven Presing,
Acting Deputy Assistant Secretary for Policy and Negotiations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Review, In Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-28476 Filed 12-4-24; 8:45 am]
BILLING CODE 3510-DS-P
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