[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Notices]
[Pages 41962-41964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15054]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-847]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes 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) finds that the
producers/exporters subject to this administrative review made sales of
subject merchandise at less than normal value during the period of
review (POR), September 1, 2017 through August 31, 2018.
DATES: Applicable July 13, 2020.
FOR FURTHER INFORMATION CONTACT: David Crespo or Jacob Garten, 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) 482-3693 or (202) 482-3342,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers 11 producers/exporters of the subject
merchandise. Commerce selected two companies, Maquilacero S.A. de C.V.
(Maquilacero) and Productos Laminados de Monterrey S.A. de C.V.
(Prolamsa) (collectively, the respondents), for individual examination.
The producers/exporters not selected for individual examination are
listed in the ``Final Results of the Review'' section of this notice.
On November 18, 2019, Commerce published the Preliminary
Results.\1\ We invited interested parties to comment on the Preliminary
Results.\2\ On December 18, 2019, Independence Tube Corporation and
Southland Tube, Incorporated, both Nucor companies (collectively,
domestic parties), and Maquilacero filed case briefs \3\. On December
23, 2019, the domestic parties, Prolamsa, and Maquilacero all filed
rebuttal briefs.\4\ For a description of the events that occurred since
the preliminary results, see the Issues and Decision Memorandum.\5\ On
February 11, 2020, we postponed the final results by 59 days after the
publication of the Preliminary Results, until May 15, 2020.\6\ On April
24, 2020, Commerce tolled all deadlines in administrative
[[Page 41963]]
reviews by 50 days, thereby extending the deadline for these final
results until July 6, 2020.\7\
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\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from Mexico: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2017-2018, 84 FR 63610 (November 18, 2019) (Preliminary Results).
\2\ Id.
\3\ See Domestic Parties' Case Brief, ``Heavy-Walled Rectangular
Welded Carbon Steel Pipes and Tubes from Mexico: Case Brief and
Request to Participate in Hearing if Held,'' dated December 18,
2019; and Maquilacero's Case Brief, ``Heavy Walled Rectangular
Welded Carbon Steel Pipes from Mexico: Case Brief of Maquilacero
S.A. de C.V.,'' dated December 18, 2019.
\4\ See Domestic Parties' Rebuttal Brief, ``Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes from Mexico:
Rebuttal Brief,'' dated December 23, 2019; Maquilacero's Rebuttal
Brief, ``Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from Mexico: Rebuttal Brief,'' dated December 23, 2020; and
Prolamsa's Rebuttal Brief, ``Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from Mexico: Rebuttal Brief and Request to
Participate in Hearing, if Held,'' dated December 23, 2019.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Antidumping Duty Administrative Review: Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from Mexico; 2017-2018,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
\6\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from Mexico: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review,'' dated February
11, 2020.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
cope of the Order
The merchandise subject to the order is certain heavy walled
rectangular welded steel pipes and tubes of rectangular (including
square) cross section, having a nominal wall thickness of not less than
4 mm. The merchandise includes, but is not limited to, the American
Society for Testing and Materials (ASTM) A-500, grade B specifications,
or comparable domestic or foreign specifications. Included products are
those in which: (1) Iron predominates, by weight, over each of the
other contained elements; (2) the carbon content is 2 percent or less,
by weight; and (3) none of the elements below exceeds the quantity, by
weight, respectively indicated:
2.50 percent of manganese, or
3.30 percent of silicon, or
1.50 percent of copper, or
1.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
2.0 percent of nickel, or
0.30 percent of tungsten, or
0.80 percent of molybdenum, or
0.10 percent of niobium (also called columbium), or
0.30 percent of vanadium, or
0.30 percent of zirconium.
The product is currently classified under following Harmonized
Tariff Schedule of the United States (HTSUS) item numbers 7306.61.1000.
Subject merchandise may also be classified under 7306.61.3000. Although
the HTSUS numbers and ASTM specification are provided for convenience
and for customs purposes, the written product description remains
dispositive. For a full description of the scope, see the Issues and
Decision Memorandum.\8\
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\8\ See Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. 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 http://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 and electronic versions of the Issues and Decision
Memorandum are identical in content.
Determination of No Shipments
As noted in the Preliminary Results, we received no shipment claims
from two companies involved in this administrative review, Ternium
M[eacute]xico, S.A. de C.V. (Ternium) and Tuberia Nacional S.A. de C.V.
(TUNA). In the Preliminary Results, we preliminarily determined that
Ternium and TUNA had no reviewable transactions during the POR. We
received no comments from interested parties with respect to these
claims. Therefore, because the record indicates that these companies
did not export subject merchandise to the United States during the POR,
we continue to find that Ternium and TUNA had no reviewable
transactions during the POR.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average dumping margins for
Maquilacero and Prolamsa, and those companies not selected for
individual review.\9\
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\9\ See Issues and Decision Memorandum.
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Final Results of the Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period September 1, 2017 through August
31, 2018:
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Weighted-
average
Producers/exporters dumping
margin
(percent)
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Maquilacero S.A. de C.V..................................... 4.89
Productos Laminados de Monterrey S.A. de C.V................ 7.47
Arco Metal S.A. de C.V.*.................................... 6.64
Forza Steel S.A. de C.V.*................................... 6.64
Industrias Monterrey, S.A. de C.V.*......................... 6.64
Perfiles y Herrajes LM S.A. de C.V.*........................ 6.64
PYTCO S.A. de C.V.*......................................... 6.64
Regiomontana de Perfiles y Tubos S.A. de C.V.*.............. 6.64
Ternium S.A. de C.V.**...................................... ..........
Tuberia Nacional S.A. de C.V.**............................. ..........
Tuberias Procarsa S.A. de C.V.* \10\........................ 6.64
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* Review-Specific Average Rate \11\
** No shipments or sales subject to this review.
We intend to disclose the calculations performed for these final
results to parties in this proceeding within five days of the date of
publication of this notice, in accordance with 19 CFR 351.224(b).
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\10\ We incorrectly listed this company as Tuberia Procarsa S.A.
de C.V. in the Preliminary Results. We have corrected the name for
these final results.
\11\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis, or based entirely on facts available. See section
735(c)(5)(A) of the Act.
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Where the respondent did not report entered value or reported
amounts based on average data, we calculated the entered value in order
to calculate the assessment rate. Where either the respondent's
weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties. We further will instruct
CBP to take into account the ``provisional measures deposit cap,'' in
accordance with 19 CFR 351.212(d). The final results of this review
shall be the basis for the assessment of antidumping duties on entries
of merchandise covered by the final results of this review.\12\
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\12\ See section 751(a)(2)(C) of the Act.
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Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did not know
that the merchandise they sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the
[[Page 41964]]
intermediate company(ies) involved in the transaction.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the average of the cash deposit
rates calculated for Maquilacero and Prolamsa.\13\ The final results of
this review shall be the basis for the assessment of antidumping duties
on entries of merchandise covered by the final results of this review
and for future deposits of estimated duties, where applicable.\14\
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\13\ This rate was calculated as discussed in footnote 10,
above.
\14\ See section 751(a)(2)(C) of the Act.
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We intend to issue liquidation instructions to CBP 41 days after
publication of the final results of this review.
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 each specific
company listed above will be equal to the weighted-average dumping
margin that is 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 previously investigated companies not
participating in this review, the cash deposit will continue to be the
company-specific rate published for the most recently completed segment
of this proceeding; (3) if the exporter is not a firm covered in this
review, or the original less-than-fair-value (LTFV) investigation, but
the producer is, then the cash deposit rate will be the cash deposit
rate established for the most recently completed segment for the
producer of the subject merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be 3.24 percent, the
all-others rate established in the LTFV investigation.\15\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\15\ 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, 62866 (September 13,
2016).
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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 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.
Administrative Protective Order
This notice also serves as a 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 return/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 this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: July 6, 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. Margin Calculations
IV. Discussion of Issues
Issues Related to Maquilacero
Comment 1: Ministerial Errors
Comment 2: Cost Calculation Methodology
Comment 3: Section 232 Duties
Comment 4: Affiliated Reseller Purchases
Comment 5: Non-Prime Merchandise
Comment 6: Scrap Offset
Issues Related to Prolamsa
Comment 7: Home Market Level of Trade (LOT) and Constructed
Export Price (CEP) Offset
Comment 8: Non-Prime Merchandise
Comment 9: Overrun Sales
V. Recommendation
[FR Doc. 2020-15054 Filed 7-10-20; 8:45 am]
BILLING CODE 3510-DS-P