[Federal Register Volume 74, Number 86 (Wednesday, May 6, 2009)]
[Notices]
[Pages 20919-20920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10493]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-201-805


Certain Circular Welded Non-Alloy Steel Pipe from Mexico: Notice 
of Partial Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is partially 
rescinding its administrative review of the antidumping duty order on 
certain circular welded non-alloy steel pipe from Mexico for the period 
November 1, 2007, to October 31, 2008 with respect to four of the eight 
companies for which the review was initiated. This rescission is based 
on the timely withdrawal of the request for review by the interested 
party that requested the review. A complete list of the companies for 
which the administrative review is being rescinded is provided in the 
Background section below.

EFFECTIVE DATE: May 6, 2009.

FOR FURTHER INFORMATION CONTACT: Maryanne Burke or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street and 
Constitution Avenue, NW, Room 7866, Washington, DC 20230; telephone: 
(202) 482-5604 or (202) 482-0649, respectively.

Background:

    On November 3, 2008, the Department published in the Federal 
Register its notice of opportunity to request an administrative review 
of the antidumping duty order on certain circular welded non-alloy 
steel pipe from Mexico. See Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 73 FR 65288 (November 3, 2008). On December 1, 
2008, the United States Steel Corporation (U.S. Steel) requested an 
administrative review of the antidumping duty order on certain circular 
welded non-alloy steel pipe from Mexico for the period November 1, 
2007, through October 31, 2008.
    On December 24, 2008, the Department initiated a review of the 
eight companies for which an administrative review was requested.\1\ 
See Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 74 FR 79055 (December 24, 
2008).
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    \1\ U.S. Steel requested review of, inter alia, Hylsa, S.A. de 
C.V. (Hylsa) and Ternium Mexico, S.A. de C.V. (Ternium Mexico). 
However, in an ongoing changed circumstances review of this order, 
Ternium Mexico claims it is the successor-in-interest to Hylsa, the 
respondent in the original investigation. See Initiation of 
Antidumping Duty Changed Circumstances Review: Circular Welded Non-
Alloy Steel Pipe from Mexico, 73 FR 63682 (October 27, 2008). The 
Department has not yet determined whether Ternium Mexico is, in 
fact, the successor-in-interest to Hylsa; therefore, at this time we 
are treating both producers in this segment of the proceeding as 
separate entities.
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    On March 24, 2009, U.S. Steel timely withdrew its requests for 
review of the following companies: Niples del Norte, S.A. de C.V., 
Productos Laminados de Aceros, S.A. de C.V., Tuberias Procasa S.A. de 
C.V./Tuberias Procarsa S.A. de C.V., and PYTCO S.A de C.V.\2\
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    \2\ On January, 16, 2009, U.S. Steel submitted clarification of 
its request, indicating Tuberias Procasa S.A. de C.V. and Tuberias 
Procarsa S.A. de C.V. are the same company.
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Scope of the Order

    The merchandise covered by this order is circular welded non-alloy 
steel pipes and tubes, of circular cross-section, not more than 406.4 
millimeters (16 inches) in outside diameter, regardless of wall 
thickness, surface finish (black, galvanized, or painted), or end 
finish (plain end, beveled end, threaded, or threaded and coupled). 
These pipes and tubes are generally known as standard pipes and tubes 
and are intended for the low-pressure conveyance of water, steam, 
natural gas, and other liquids and gases in plumbing and heating 
systems, air conditioning units, automatic sprinklers, and other 
related uses, and generally meet ASTM-53 specifications. Standard pipe 
may also be used for light load-bearing applications, such as for fence 
tubing, and as structural pipe tubing used for framing and support 
members for reconstruction or loading-bearing purposes in construction, 
shipbuilding, trucking, farm equipment, and related industries. 
Unfinished conduit pipe is also included in this order. All carbon 
steel pipes and tubes within the physical description outlined above 
are included with the scope of this order, except line pipe, oil 
country tubular goods, boiler tubing, mechanical tubing, pipe and tube 
hollows for redraws, finished scaffolding, and finished conduit. 
Standard pipe that is dual or triple certified/stenciled that enters 
the United States as line pipe of a kind used for oil or gas pipelines 
is also not included in this order.
    The merchandise under the scope of the order is currently 
classifiable under 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 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheadings are provided for convenience 
and U.S. Customs and Border Protection (CBP) purposes, the Department's 
written description of the merchandise under this order is dispositive.

Rescission, in Part, of Administrative Review

    Section 351.213(d)(1) of the Department's regulations provides that 
the Department will rescind an administrative review, in whole or in 
part, if the party that requested the review withdraws its request for 
review within 90 days of the date of publication of the notice of 
initiation of the requested review. Within 90 days of the date of 
publication of the notice or initiation, U.S. Steel withdrew its 
request for an administrative review for the following companies: 
Niples del Norte, S.A. de C.V., Productos Laminados de Aceros, S.A. de 
C.V., Tuberias Procasa S.A. de C.V./Tuberias Procarsa S.A. de C.V., and 
PYTCO S.A de C.V. Because U.S. Steel was the only party to request 
administrative reviews of these companies, we are rescinding the review 
with regards to Niples del Norte, S.A. de C.V., Productos Laminados de 
Aceros, S.A. de C.V.,

[[Page 20920]]

Tuberias Procasa S.A. de C.V./Tuberias Procarsa S.A. de C.V., and PYTCO 
S.A de C.V.
    The Department will issue appropriate assessment instructions 
directly to U.S. Customs and Border Protection (CBP) 41 days after the 
publication of this notice. The Department will direct CBP to assess 
antidumping duties for these companies at the cash deposit rate in 
effect on the date of entry for entries during the period November 1, 
2007, to October 31, 2008.

Notification to Parties

    This notice serves as a reminder to importers of their 
responsibility under section 351.402(f) of the Department's regulations 
to file a certificate regarding the reimbursement of antidumping duties 
prior to liquidation of the relevant entries during this period of 
time. Failure to comply with this requirement could result in the 
Secretary's presumption that reimbursement of antidumping duties 
occurred and subsequent assessment of double antidumping duties.
    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 section 351.305(a)(3) of the Department's 
regulations. 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 terms of an APO 
is a sanctionable violation.
    This notice is issued and published in accordance with section 
351.213(d)(4) of the Department's regulations and sections 751(a)(1) 
and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: April 28, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-10493 Filed 5-5-09; 8:45 am]
BILLING CODE 3510-DS-S