[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Notices]
[Pages 20472-20473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07719]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-805]
Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) continues to find that
Conduit, S.A. de C.V. (Conduit), Mueller Comercial de Mexico, S. de
R.L. de C.V. (Mueller), and RYMCO made no shipments of subject
merchandise during the period of review (POR), November 1, 2017 through
October 31, 2018.
DATES: Applicable April 13, 2020.
FOR FURTHER INFORMATION CONTACT: Mark Flessner or Erin Kearney, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-6312 or (202) 482-0167,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 17, 2019, Commerce published in the Federal Register
the Preliminary Results of this administrative review.\1\ In accordance
with 19 CFR 351.309(c)(1)(ii), Commerce invited interested parties to
comment on the Preliminary Results. On October 17, 2019, Independence
Tube Corporation and Southland Tube, Incorporated (collectively,
Domestic Interested Parties) submitted a case brief.\2\ On October 22,
2019, Conduit and Mueller each submitted a rebuttal brief.\3\
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\1\ See Certain Circular Welded Non-Alloy Steel Pipe from
Mexico: Preliminary Results of Antidumping Duty Administrative
Review and Rescission of Review, in Part; 2017-2018, 84 FR 48907
(September 17, 2019) (Preliminary Results).
\2\ See Domestic Interested Parties' Letter, ``Certain Circular
Welded Non-Alloy Steel Pipe from Mexico: Case Brief,'' dated October
17, 2019.
\3\ See Conduit's Letter, ``Circular Welded Non-Alloy Steel Pipe
from Mexico: Rebuttal Brief,'' dated October 22, 2019 (Conduit's
Rebuttal Brief). Conduit's Rebuttal Brief was filed on behalf of
Conduit and RYMCO. See Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 84 FR 2159 (February 6, 2019)
(Initiation Notice). RYMCO, though listed in the Initiation Notice
as a respondent, does not exist as a separate company and is merely
Conduit's brand name; see also Mueller's Letter, ``Certain Circular
Welded Non-Alloy Steel Pipe from Mexico: Rebuttal Brief of Mueller
Comercial de Mexico,'' dated October 22, 2019.
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These final results cover Conduit, Mueller, and RYMCO.\4\ Based on
an analysis of the comments received, we have made no changes to the
Preliminary Results. This administrative review was conducted in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
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\4\ See Domestic Interested Parties' Letter, ``Certain Circular
Welded Non-Alloy Steel Pipe from Mexico: Partial Withdrawal of
Request for Administrative Review,'' dated May 7, 2019; see also
Wheatland Tube's Letter, ``Certain Circular Welded Non-Alloy Steel
Pipes and Tubes from Mexico: Partial Withdrawal of Request for
Administrative Review,'' dated May 7, 2019.
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Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\5\ If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. On February
11, 2020, we extended the deadline for these final results, until March
13, 2020.\6\ We extended the deadline of the final results a second
time, until May 14, 2020.\7\
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\5\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\6\ See Memorandum, ``Certain Circular Welded Non-Alloy Steel
Pipe from Mexico: Extension of Time Limit for Final Results of
Antidumping Duty Administrative Review,'' dated February 11, 2020.
\7\ See Memorandum, ``Certain Circular Welded Non-Alloy Steel
Pipe from Mexico: Extension of Time Limit for Final Results of
Antidumping Duty Administrative Review,'' dated March 11, 2020.
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Scope of the Order 8
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\8\ See Notice of Antidumping Duty Orders: Certain Circular
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea
(Korea), Mexico, and Venezuela and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Welded Non-Alloy Steel
Pipe from Korea, 57 FR 49453 (November 2, 1992) (the Order).
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The merchandise under review is certain circular welded non-alloy
steel pipes and tubes. The merchandise covered by the Order and subject
to this review is currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) at subheadings: 7306.30.10.00,
7306.30.50.25, 7306.30.50.32, 7306.30.50.40, 7306.30.50.55,
7306.30.50.85, and 7306.30.50.90. While HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
scope of this Order is dispositive. A full description of the scope of
the Order is contained in the Issues and Decision Memorandum.\9\
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\9\ See Memorandum, ``Issues and Decisions Memorandum for the
Final Results of the Antidumping Duty Administrative Review: Certain
Circular Welded Non-Alloy Steel Pipe from Mexico; 2017-2018,'' dated
concurrently with this notice (Issues and Decisions Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum. A
list of the issues which parties raised, and to which we respond in the
Issues and Decision Memorandum, follows in the appendix to this notice.
The Issues and 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 https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn/index.html.
The signed Issues and Decision Memorandum and the electronic version of
the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, and for the reasons
explained in the Issues and Decision Memorandum, Commerce made no
changes to the Preliminary Results.
[[Page 20473]]
Final Determination of No Shipments
Prior to the issuance of the questionnaire, Conduit reported that
it made no sales of subject merchandise during the POR.\10\ On May 8,
2019, we placed the U.S. Customs and Border Protection (CBP) port
inquiry instructions on the record that we sent to CBP regarding each
company that submitted a statement of no shipments. We received no
information from CBP contrary to the statements of no shipments from
the companies contained in the attachments to the CBP Information
Memorandum.\11\
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\10\ See Conduit's Letter, ``Circular Welded Non-Alloy Steel
Pipe from Mexico: Response to Comments on Notice of No Sales and
Confirmation of No Sales, dated April 19, 2019. This statement
included RYMCO.
\11\ The port inquiries were for: Conduit, ITISA, Lamina y
Placa, Mach 1 Aero, Mach 1 Global, Regiopytsa, Tubacero, and TUMEX.
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On June 28, 2019, we received a certification of no shipments of
subject merchandise from Mueller, which contained documentation in
support of its contention that it had no prior knowledge of the entry
of products it had sold into the United States.\12\ Based on this
evidence, we preliminarily determined that Mueller made no shipments of
subject merchandise into the United States during the POR.\13\
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\12\ See Mueller's Letter, ``Certain Circular Welded Non-Alloy
Steel Pipe from Mexico: Mueller Certification of No Shipments,''
dated June 28, 2019.
\13\ See Preliminary Results.
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On July 8, 2019, we received a certification of no shipments of
subject merchandise from Conduit and RYMCO which contained
documentation supporting their contentions that they had no prior
knowledge of subject merchandise exported to the United States during
the POR, and that the products listed in the CBP data were not subject
merchandise.\14\ Based on this evidence, we preliminarily determined
that Conduit and RYMCO made no shipments of subject merchandise into
the United States during the POR.\15\
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\14\ See Conduit/RYMCO's Letter, ``Certain Circular Welded Non-
Alloy Steel Pipe from Mexico: Conduit/RYMCO Response to Department
Questionnaire--Statement of No Sales of Subject Merchandise,'' dated
July 8, 2019.
\15\ See Preliminary Results, 84 FR at 48908.
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For the reasons explained in the Issues and Decision Memorandum, we
continue to determine for these final results that Conduit, Mueller,
and RYMCO made no shipments of subject merchandise during the POR.
Assessment
Commerce shall determine and U.S. Customs and Border Protection
(CBP) shall assess antidumping duties on all appropriate entries.
Because Commerce determined that Conduit, Mueller, and RYMCO had no
shipments of the subject merchandise, any suspended entries that
entered under those companies' case numbers (i.e., at those companies'
rates) will be liquidated at the all-others rate effective during the
POR, consistent with Commerce's practice.\16\ We intend to issue
assessment instructions directly to CBP 41 days after publication of
the final results of this review.
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\16\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following deposit requirements for estimated antidumping duties
will be effective upon publication of the notice of these final results
of review for all shipments of circular welded non-alloy steel pipe
from Mexico entered, or withdrawn from warehouse, for consumption on or
after the date of publication as provided by section 751(a)(2) of the
Act: (1) The cash deposit rate for Conduit, Mueller, and RYMCO will
continue to be the company-specific rate published for the most recent
period; (2) for merchandise exported by producers or exporters 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 for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
investigation, but the producer is, then the cash deposit rate will be
the rate established for the most recent period for the producer of the
merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 32.62 percent, the all-others rate
established in the LTFV investigation.\17\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\17\ See Final Determination of Sales at Less Than Fair Value:
Circular Welded Non-Alloy Steel Pipe from Mexico, 57 FR 42953
(September 17, 1992); see also the Order.
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties and/or countervailing
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 and/or
countervailing duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties Regarding Administrative Protective
Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing notice of these final results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213(h).
Dated: April 7, 2020
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: No-Shipment Statements in Lieu of Questionnaire
Response
Comment 2: Adequacy of Support for Conduit's No Shipment
Statement
Comment 3: Application of Adverse Facts Available to Conduit
Comment 4: Adequacy of Support for Mueller's No Shipment
Statement
Comment 5: Application of Adverse Facts Available to Mueller
V. Recommendation
[FR Doc. 2020-07719 Filed 4-10-20; 8:45 am]
BILLING CODE 3510-DS-P