Notice2026-19930
Light-Walled Rectangular Pipe and Tube From Mexico: Notice of Court Decision Not in Harmony With the Results of Antidumping Duty Administrative Review; Notice of Amended Final Results
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
September 30, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On September 14, 2026, the U.S. Court of International Trade (CIT) issued a final judgment in Maquilacero S.A. de C.V. and Tecnicas de Fluidos S.A. de C.V. and Perfiles LM, S.A. de C.V. v. United States, Consol. Court no. 23-00091, sustaining the U.S. Department of Commerce (Commerce)'s second remand results pertaining to the administrative review of the antidumping duty (AD) order on light-walled rectangular pipe and tube (LWRPT) from Mexico covering the period August 1, 2020 through July 31, 2021. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Maquilacero S.A. de C.V. (Maquilacero) and Tecnicas de Fluidos S.A. de C.V. (TEFLU), which were reviewed as a single, individually-examined, collapsed entity, (collectively, Maquilacero/TEFLU). As a result, Commerce is also amending the final results with respect to the dumping margin assigned to the non-selected companies Perfiles L.M., S.A. de C.V. (Perfiles) and Productos Laminados de Monterrey S.A. de C.V. (Productos Laminados).
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 188 (Wednesday, September 30, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 188 (Wednesday, September 30, 2026)]
[Notices]
[Pages 61831-61832]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19930]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Notice of
Court Decision Not in Harmony With the Results of Antidumping Duty
Administrative Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 14, 2026, the U.S. Court of International Trade
(CIT) issued a final judgment in Maquilacero S.A. de C.V. and Tecnicas
de Fluidos S.A. de C.V. and Perfiles LM, S.A. de C.V. v. United States,
Consol. Court no. 23-00091, sustaining the U.S. Department of Commerce
(Commerce)'s second remand results pertaining to the administrative
review of the antidumping duty (AD) order on light-walled rectangular
pipe and tube (LWRPT) from Mexico covering the period August 1, 2020
through July 31, 2021. Commerce is notifying the public that the CIT's
final judgment is not in harmony with Commerce's final results of the
administrative review, and that Commerce is amending the final results
with respect to the dumping margin assigned to Maquilacero S.A. de C.V.
(Maquilacero) and Tecnicas de Fluidos S.A. de C.V. (TEFLU), which were
reviewed as a single, individually-examined, collapsed entity,
(collectively, Maquilacero/TEFLU). As a result, Commerce is also
amending the final results with respect to the dumping margin assigned
to the non-selected companies Perfiles L.M., S.A. de C.V. (Perfiles)
and Productos Laminados de Monterrey S.A. de C.V. (Productos
Laminados).
DATES: Applicable September 24, 2026.
FOR FURTHER INFORMATION CONTACT: 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) 482-4474.
SUPPLEMENTARY INFORMATION:
Background
On March 14, 2023, Commerce published its Final Results in the
2020-2021 AD administrative review of LWRPT from Mexico.\1\ As
discussed in the 20-21 Final Results, Commerce applied the Cohen's d
test as part of its differential pricing analysis.\2\ The Court issued
a prior order on October 4, 2024, remanding Commerce to review: (1) its
determination that TEFLU's further processed products are in-scope, and
(2) its determination that the products produced by Maquilacero and
TEFLU are similar or identical in its collapsing analysis and to treat
Maquilacero/TEFLU \3\ as a single entity, while deferring judgement on:
(1) its rejection of the manufacturing code and the further processing
variable in its model match methodology, (2) its determination to treat
TEFLU's sales made through the IMMEX program as home market sales, and
(3) its determination to rely on the Cohen's d test to conduct its
differential pricing analysis.\4\
---------------------------------------------------------------------------
\1\ See Light-Walled Rectangular Pipe and Tube from Mexico, the
People's Republic of China, and the 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); see also
Light-Walled Rectangular Pipe and Tube from Mexico: Final Results of
Antidumping Duty Administrative Review; 2020-2021, 88 FR 15665
(March 14, 2023) (20-21 Final Results), and accompanying Issues and
Decision Memorandum (IDM), amended in Light-Walled Rectangular Pipe
and Tube from Mexico: Amended Final Results of Antidumping Duty
Administrative Review; 2020-2021, 88 FR 30123 (May 12, 2023).
\2\ See 20-21 Final Results IDM at Comment 6.
\3\ Commerce has previously found that Maquilacero S.A. de C.V.
(Maquilacero) and Tecnicas de Fluidos S.A. de C.V. (TEFLU)
(collectively, Maquilacero/TEFLU) should be treated as a single
entity. See Light-Walled Rectangular Pipe and Tube from Mexico:
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review; 2018-2019, 85 FR 83886 (December 23, 2020),
and accompanying Preliminary Decision Memorandum (PDM) at 6,
unchanged in Light Walled Rectangular Pipe and Tube from Mexico:
Final Results of Antidumping Duty Administrative Review: 2018-2019,
86 FR 33646 (June 25, 2021) (18-19 Final Results), and accompanying
IDM.
\4\ See Maquilacero S.A. de C.V. and Tecnicas de Fluidos S.A. de
C.V., Perfiles LM, S.A. de C.V. v. United States, Consol. Court No.
23-00091, Slip Op. 24-107 (CIT October 4, 2024).
---------------------------------------------------------------------------
In its standalone order remanding Commerce's final results prior to
ruling on the issues in its prior remand, the Court instructed Commerce
to conform its results with Marmen, which found use of the Cohen's d
test was unreasonable when the data groups being compared are small,
not normally distributed, and have disparate variances (i.e., the
statistical assumptions are not satisfied).\5\
---------------------------------------------------------------------------
\5\ See Maquilacero S.A. de C.V. and Tecnicas de Fluidos S.A. de
C.V., Perfiles LM, S.A. de C.V. v. United States, Consol. Court No.
23-00091, ECF No. 78 (June 17, 2025) (Remand Order) (citing Marmen
Inc., et al. v. United States, 134 F.4th 1334 (Fed. Cir. 2025)
(Marmen)).
---------------------------------------------------------------------------
On January 9, 2026, Commerce released its Draft Redetermination to
interested parties.\6\ On January 14, 2026, Commerce received comments
from the petitioner.\7\ Additionally, on January 16, 2026, Commerce
received comments from Maquilacero/TEFLU and Perfiles.\8\
---------------------------------------------------------------------------
\6\ See Draft Results of Redetermination Pursuant to Court
Remand, Maquilacero S.A. de C.V. and Tecnicas de Fluidos S.A. de
C.V. and Perfiles LM, S.A. de C.V. v. United States, Consol. Court
No. 23-00091 (CIT June 17, 2025), dated January 9, 2026 (Draft
Redetermination).
\7\ The petitioner in this proceeding is Nucor Tubular Products
Inc. (Nucor). See Nucor's Letter, ``Nucor Tubular's Comments on
Draft Remand Redetermination,'' dated January 14, 2026 (Nucor's
Draft Redetermination Comments).
\8\ See Maquilacero/TEFLU's Letter, ``Maquilacero S.A. de C.V.'s
Comments on the Draft Results of Redetermination Pursuant to the
Remand Order in Court No. 23-00091,'' dated January 16, 2026
(Maquilacero/TEFLU's Draft Redetermination Comments); see also
Perfiles' Letter, ``Comments of Perfiles LM S.A. de C.V. on the
Draft Redetermination on Remand,'' dated January 16, 2026 (Perfiles'
Draft Redetermination Comments).
---------------------------------------------------------------------------
On March 17, 2026, Commerce released its Final Redetermination to
interested parties.\9\ After considering the comments raised by
interested parties, Commerce made no changes to the Draft
Redetermination with regard to its revised differential pricing
analysis for these final results of redetermination. As a result, the
estimated weighted-average dumping margin for Maquilacero/TEFLU during
the period
[[Page 61832]]
of review (POR) is 10.67 percent.\10\ Additionally, the estimated
weighted-average dumping margin for the two companies not selected for
individual examination, Perfiles and Productos Laminados, assigned for
the POR is 6.06 percent.\11\ On September 14, 2026, the CIT sustained
the Final Redetermination.\12\
---------------------------------------------------------------------------
\9\ See Final Results of Redetermination Pursuant to Court
Remand, Maquilacero S.A. de C.V. and Tecnicas de Fluidos S.A. de
C.V. and Perfiles LM, S.A. de C.V. v. United States, Consol. Court
No. 23-00091 (CIT June 17, 2025), dated March 17, 2026 (Final
Redetermination).
\10\ See Memorandum, ``Maquilacero S.A. de C.V. and Tecnicas de
Fluidos S.A. de C.V. Draft Remand Analysis Memorandum,'' dated
January 9, 2026 (Maquilacero/TEFLU Draft Redetermination Analysis).
\11\ Id.
\12\ See Maquilacero S.A. de C.V. and Tecnicas de Fluidos S.A.
de C.V., Perfiles LM, S.A. de C.V. v. United States, Consol. Court
No. 23-00091, Slip Op. 26-111 (CIT September 17, 2026).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\13\ as clarified by Diamond
Sawblades,\14\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to sections 516A(c) and (e) of the Tariff Act of 1930,
as amended (the Act), Commerce must publish a notice of court decision
that is not ``in harmony'' with a Commerce determination and must
suspend liquidation of entries pending a ``conclusive'' court decision.
The CIT's September 14, 2026, judgment constitutes a final decision of
the CIT that is not in harmony with Commerce's Final Results. Thus,
this notice is published in fulfillment of the publication requirements
of Timken.
---------------------------------------------------------------------------
\13\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\14\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to the below companies as follows:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V./Tecnicas de Fluidos S.A. de C.V.... 10.67
Perfiles LM, S.A. de C.V.................................... 6.06
Productos Laminados de Monterrey S.A. de C.V................ 6.06
------------------------------------------------------------------------
Cash Deposit Requirements
Because Maquilacero/TEFLU, Perfiles, and Productos Laminados, have
superseding cash deposit rates, i.e., there have been final results
published in a subsequent administrative review, we will not issue
revised cash deposit instructions to U.S. Customs and Border Protection
(CBP). This notice will not affect the current cash deposit rate for
that exporter/producer.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that: were produced and exported by Maquilacero
S.A. de C.V. or Tecnicas de Fluidos S.A. de C.V.; produced and/or
exported by Perfiles LM, S.A. de C.V.; and were entered, or withdrawn
from warehouse, for consumption during the period August 1, 2020,
through July 31, 2021. These entries will remain enjoined pursuant to
the terms of the injunction during the pendency of any reconsideration
or appeals process.
In the event the CIT's ruling is not reconsidered, appealed, or, if
appealed, upheld by a final and conclusive court decision, Commerce
intends to instruct CBP to assess antidumping duties on unliquidated
entries of subject merchandise produced and exported by Maquilacero
S.A. de C.V. or Tecnicas de Fluidos S.A. de C.V.; produced and/or
exported by Perfiles LM, S.A. de C.V., in accordance with 19 CFR
351.212(b). We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
ad valorem assessment rate is not zero or de minimis. Where an import-
specific ad valorem assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: September 24, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2026-19930 Filed 9-29-26; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on September 30, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.