[Federal Register Volume 74, Number 158 (Tuesday, August 18, 2009)]
[Notices]
[Pages 41680-41681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19822]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-836]


Final Results of Antidumping Duty Changed Circumstances Review: 
Light-Walled Rectangular Pipe and Tube From Mexico

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY:  On June 18, 2009, the Department of Commerce (the Department) 
made its preliminary determination that Ternium Mexico S.A. de C.V. 
(Ternium) is the successor-in-interest to Hylsa S.A. de C.V. (Hylsa) 
and should be treated as such for antidumping duty cash deposit 
purposes. See Notice of Preliminary Results of Antidumping Duty Changed 
Circumstances Review: Light-Walled Rectangular Pipe and Tube from 
Mexico, 74 FR 28887 (June 18, 2009) (Preliminary Results). For purposes 
of these final results of review, the Department has determined that 
Ternium is the successor-in-interest to Hylsa and, as a result, should 
be accorded the same treatment previously accorded to Hylsa in regard 
to the antidumping duty order on light-walled rectangular pipe and tube 
(LWRPT) from Mexico as of the date of publication of this notice in the 
Federal Register.

DATES: Effective Date: August 18, 2009.

FOR FURTHER INFORMATION CONTACT: John Drury or Brian Davis, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0195 or (202) 482-7924, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 3, 2008, Ternium requested that the Department conduct 
a changed circumstances review of the antidumping duty order of LWRPT 
from Mexico to determine whether Ternium is the successor-in-interest 
to Hylsa and should be treated as such for antidumping duty cash 
deposit purposes. See Notice of Initiation of Antidumping Duty Changed 
Circumstances Review: Light-Walled Rectangular Pipe and Tube from 
Mexico, 73 FR 63686 (October 27, 2008) (Notice of Initiation). On June 
18, 2009, the Department preliminarily determined that Ternium is the 
successor-in-interest to Hylsa and should be treated as such for 
antidumping duty cash deposit purposes. See Preliminary Results.
    On July 13, 2009, the Department published in the Federal Register 
a notice extending the time limit for these final results to August 17, 
2009. See Light-Walled Rectangular Pipe and Tube from Mexico; Extension 
of Time Limit for Final Results of Antidumping Duty Changed 
Circumstances Review, 74 FR 33406 (July 13, 2009).
    In the Preliminary Results, we stated that interested parties could 
request a hearing no later than 30 days after the publication of the 
Preliminary Results, submit case briefs to the Department no later than 
30 days after the publication of the Preliminary Results, and submit 
rebuttal briefs, limited to the issues raised in those case briefs, 
five days subsequent to the case briefs' due date. We did not receive 
any hearing requests or comments on the Preliminary Results.

Scope of the Order

    The merchandise subject to this order is certain welded carbon 
quality light-walled steel pipe and tube, of rectangular (including 
square) cross section, having a wall thickness of less than 4 mm.
    The term carbon-quality steel includes both carbon steel and alloy 
steel which contains only small amounts of alloying elements. 
Specifically, the term carbon-quality includes products in which none 
of the elements listed below exceeds the quantity by weight 
respectively indicated: 1.80 percent of manganese, or 2.25 percent of 
silicon, or 1.00 percent of copper, or 0.50 percent of aluminum, or 
1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of 
lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10 
percent of

[[Page 41681]]

molybdenum, or 0.10 percent of niobium, or 0.15 percent vanadium, or 
0.15 percent of zirconium.
    The description of carbon-quality is intended to identify carbon-
quality products within the scope. The welded carbon-quality 
rectangular pipe and tube subject to this order is currently classified 
under the Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings 7306.61.50.00 and 7306.61.70.60. While HTSUS subheadings 
are provided for convenience and customs purposes, our written 
description of the scope of this order is dispositive.

Final Results of Changed Circumstances Review

    Based on the information provided by Ternium, the Department's 
analysis in the Preliminary Results, and the fact that interested 
parties did not submit any briefs during the comment period, the 
Department hereby determines that Ternium is the successor-in-interest 
to Hylsa for antidumping duty cash deposit purposes.

Instructions to U.S. Customs and Border Protection

    The Department will instruct U.S. Customs and Border Protection to 
continue to suspend liquidation of all shipments of the subject 
merchandise produced and exported by Ternium entered, or withdrawn from 
warehouse, for consumption, on or after the publication date of this 
notice in the Federal Register at 3.76 percent (i.e., Hylsa's cash 
deposit rate). This deposit requirement shall remain in effect until 
further notice.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the return/destruction of APO materials or conversion to judicial 
protective order is herby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    We are issuing and publishing these final results and notice in 
accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Tariff 
Act of 1930, as amended, and 19 CFR 351.216.

    Dated: August 11, 2009.
Carole Showers,
Acting Deputy Assistant Secretary For Policy and Negotiations.
[FR Doc. E9-19822 Filed 8-17-08; 8:45 am]
BILLING CODE 3510-DS-S