[Federal Register Volume 75, Number 74 (Monday, April 19, 2010)]
[Notices]
[Pages 20342-20344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8991]


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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 Rescission of 
Administrative Review in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On December 7, 2009, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on certain circular welded non-
alloy steel pipe from Mexico. See Certain Circular Welded Non-Alloy 
Steel Pipe From Mexico; Preliminary Results of Antidumping Duty 
Administrative Review, 74 FR 64049 (December 7, 2009) (Preliminary 
Results). While the review originally covered eight companies, we 
rescinded the review with respect to all but the remaining three 
respondents. See Certain Circular Welded Non-Alloy Steel Pipe from 
Mexico: Notice of Partial Rescission of Antidumping Duty Administrative 
Review, 74 FR 20919 (May 6, 2009). We therefore treated Tuberia 
Nacional, S.A. de C.V. (TUNA), Ternium Mexico, S.A. de C.V. (Ternium) 
\1\ and Mueller Comercial de Mexico, S. de R.L. (Mueller) as mandatory 
respondents for the period November 1, 2007, to October 31, 2008. Based 
on our analysis of the comments received, we have made no changes from 
the Preliminary Results. We have listed the final dumping margin below 
in the section entitled ``Final Results of Review.''
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    \1\ Consistent with the Preliminary Results, and the 
Department's changed circumstances review of this order which found 
Ternium the successor-in-interest to Hylsa, we continue to consider 
Ternium and Hylsa as a single entity. See Preliminary Results; see 
also Final Results of Antidumping Duty Changed Circumstances Review: 
Certain Circular Welded Non-Alloy Steel Pipe and Tube from Mexico, 
74 FR 41681 (August 18, 2009).

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DATES: Effective Date: April 19, 2010.

FOR FURTHER INFORMATION CONTACT: Maryanne Burke or Robert James, 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-
5604 and (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2009, the Department published in the Federal 
Register the preliminary results of the 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. See 
Preliminary Results. In response to the Department's invitation to 
comment on the preliminary results of this review, petitioner United 
States Steel Corporation (U.S. Steel), and respondents Mueller and 
Ternium filed their case briefs on January 6, 2010. U.S. Steel and 
respondent TUNA submitted rebuttal briefs on January 14, 2010.\2\
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    \2\ On January 7, 2010, U.S. Steel requested an extension of its 
rebuttal brief which was granted by the Department. The new deadline 
for all parties' rebuttal briefs was set for January 14, 2010.
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    As explained in the memorandum from the Deputy Assistant Secretary 
for Import Administration, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from February 5, through February 12, 2010. Thus, all 
deadlines in this segment of the proceeding have been extended by seven 
days. The revised deadline for the final results of this administrative 
review is now April 13, 2010. See Memorandum to the Record from Ronald 
Lorentzen, DAS for Import Administration, regarding ``Tolling of 
Administrative Deadlines As a Result of the Government Closure During 
the

[[Page 20343]]

Recent Snowstorm,'' dated February 12, 2010.

Scope of the Order

    The products covered by this order are 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 sprinkler systems, and other 
related uses, and generally meet ASTM A-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 load-bearing purposes in the 
construction, shipbuilding, trucking, farm equipment, and related 
industries. Unfinished conduit pipe is also included in these orders. 
All carbon steel pipes and tubes within the physical description 
outlined above are included within 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 U.S. as line pipe of a kind used for oil or gas pipelines is 
also not included in this order.
    The merchandise covered by the order and subject to this review are 
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. Although the HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
of these proceedings is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by interested 
parties in this administrative review are addressed in the Issues and 
Decision Memorandum (Decision Memorandum) from John M. Andersen, Acting 
Deputy Assistant Secretary for Import Administration, to Ronald K. 
Lorentzen, Deputy Assistant Secretary for Import Administration, dated 
April 13, 2010, which is hereby adopted by this notice. A list of the 
issues which parties have raised and to which we have responded, all of 
which are in the Decision Memorandum, is attached to this notice as an 
appendix. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in this public 
memorandum, which is on file in the Central Records Unit in room 1117 
of the main Department building. In addition, a complete version of the 
Decision Memorandum can be accessed directly via the Internet at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version 
of the Decision Memorandum are identical in content.

Rescission of Review in Part

    In the Preliminary Results, we preliminarily found TUNA's claim 
that it made no shipments of subject merchandise during the period of 
review was consistent with import data provided by U.S. Customs and 
Border Protection (CBP) as well as additional information developed on 
the record of this review. Accordingly, we stated our intent to rescind 
the administrative review with respect to this company. See Preliminary 
Results. We received comments about this issue from TUNA and U.S. 
Steel, and continue to find that TUNA did not make entries, exports, or 
sales of subject merchandise during the POR. For the final results of 
this review, we are, therefore, rescinding the review with respect to 
TUNA.

Use of Total Adverse Facts Available

    The Department found in the Preliminary Results that Ternium and 
Mueller failed to cooperate to the best of their ability by withholding 
information requested by the Department's questionnaire, and thereby 
impeded the Department's proceeding. See Preliminary Results. 
Therefore, in accordance with section 776(b) of the Tariff Act of 1930, 
as amended (the Act), and 19 CFR 351.308(c), the Department 
preliminarily selected 48.33 percent as the adverse facts available 
dumping margin. The Department received comments regarding its 
preliminary application of the adverse facts available dumping margin 
to Ternium and Mueller. For these final results, the Department has not 
altered its analysis or decision to apply the adverse facts available 
dumping margin to Ternium and Mueller. See accompanying Decision 
Memorandum for the issues raised by the parties and addressed by the 
Department.

Final Results of Review

    We determine the following percentage margin exists for the period 
November 1, 2007 to October 31, 2008:

------------------------------------------------------------------------
                                                              Weighted-
                                                               Average
                  Manufacturer/ Exporter                       margin
                                                            (percentage)
------------------------------------------------------------------------
Ternium...................................................         48.33
Mueller...................................................         48.33
------------------------------------------------------------------------

Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries, pursuant to section 751(a)(1) of the 
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.212(b). We will 
issue appraisement instructions directly to CBP to assess antidumping 
duties on appropriate entries by applying the assessment rate to the 
entered value of the merchandise. Pursuant to 19 CFR 356.8(a), the 
Department intends to issue assessment instructions to CBP 41 days 
after the date of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results for all shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the publication date of these final results of administrative 
review, consistent with section 751(a)(1) of the Act: (1) The cash 
deposit rate for the reviewed companies will be the rate listed above; 
(2) if the exporter is not a firm covered in this review, but was 
covered in a previous review or the original less-than-fair-value 
(LTFV) investigation, 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 LTFV investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent period for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 32.62 percent, the 
all-others rate established in the LTFV investigation. See Final 
Determination of Sales at Less Than Fair Value: Circular Welded Non-
Alloy Steel Pipe From Mexico, 57 FR 42953 (September 17, 1992). These 
deposit requirements, when imposed, shall remain in effect until 
further notice.

[[Page 20344]]

Notification to Interested Parties

    This notice also 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 the Department's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    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 351.305, 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.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act.

    Dated: April 13, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix--List of Issues in Decision Memorandum

Comment 1: Application of Total AFA to Ternium
Comment 2: Application of Total AFA to Mueller
Comment 3: Rescission of Administrative Review for TUNA

[FR Doc. 2010-8991 Filed 4-16-10; 8:45 am]
BILLING CODE 3510-DS-P