[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Notices]
[Pages 77770-77772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32102]


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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

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

SUMMARY: On August 10, 2011, 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.\1\ This administrative review covers 
mandatory respondents Mueller Comercial de Mexico, S. de R.L. de C.V. 
(Mueller), Southland Pipe Nipples Company, Inc. (Southland), Lamina y 
Placa Comercial, S.A. de C.V. (Lamina), and Tuberia Nacional, S.A. de 
C.V. (TUNA).\2\
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    \1\ See Certain Circular Welded Non-Alloy Steel Pipe From 
Mexico: Preliminary Results of Antidumping Duty Administrative 
Review, 76 FR 49437 (August 10, 2011) (Preliminary Results).
    \2\ The Department determined that Lamina is the successor-in-
interest to TUNA. See Notice of Final Results of Antidumping Duty 
Changed Circumstances Review: Certain Circular Welded Non-Alloy 
Steel Pipe From Mexico, 75 FR 82374 (December 30, 2010).
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    We determine that the respondents did not have reviewable sales, 
shipments, or entries during the POR.

DATES: Effective Date: December 14, 2011.

FOR FURTHER INFORMATION CONTACT: Mark Flessner 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-
6312 and (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 10, 2011, 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, 2009, to October 31, 2010. See 
Preliminary Results.
    In response to the Department's invitation to comment on the 
preliminary results of this review, Petitioner Wheatland Tube Company 
filed a case brief on September 9, 2011. Respondents Lamina and TUNA 
jointly filed a rebuttal brief on September 13, 2011.

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

[[Page 77771]]

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 brief and rebuttal brief are 
addressed in the Issues and Decision Memorandum (Decision Memorandum) 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Import Administration, dated December 2, 2011, which is hereby 
adopted by this notice. A list of the issues raised is attached to this 
notice as Appendix I. The Decision Memorandum is a public document and 
is on file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
Access to IA ACCESS is available in the Central Records Unit (CRU), 
room 7046 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly on the Internet at http://www.trade.gov/ia/. The signed Issues 
and Decision Memorandum and the electronic versions of the Issues and 
Decision Memorandum are identical in content.

Final Results of Review

    Because we have found that the respondents did not have reviewable 
sales, shipments, or entries during the POR, there is no change in the 
antidumping duties for any of the respondents.

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, pursuant to section 751(a)(1) of 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.
    Since the implementation of the 1997 regulations, our practice 
concerning no shipment respondents had been to rescind the 
administrative review if the respondent certifies that it had no 
shipments and we have confirmed through our examination of CBP data, as 
well as a no-shipment query to the ports, that there were no shipments 
of subject merchandise during the POR. See Antidumping Duties; 
Countervailing Duties, 62 FR 27296, 27393 (May 19, 1997); see also Oil 
Country Tubular Goods From Japan: Preliminary Results of Antidumping 
Duty Administrative Review and Partial Rescission of Review, 70 FR 
53161, 53162 (September 5, 2005), unchanged in Oil Country Tubular 
Goods From Japan: Final Results and Partial Rescission of Antidumping 
Duty Administrative Review, 71 FR 95 (January 3, 2006). In such 
circumstances, we normally instructed CBP to liquidate any entries from 
the no-shipment company at the deposit rate in effect on the date of 
entry.
    In our May 6, 2003, ``automatic assessment'' clarification, we 
explained that, where respondents in an administrative review 
demonstrate that they had no knowledge of sales through resellers to 
the United States, we would instruct CBP to liquidate such entries at 
the all-others rate applicable to the proceeding. See Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 
FR 23954 (May 6, 2003) (Assessment Policy Notice).
    Because ``as entered'' liquidation instructions do not alleviate 
the concerns which the May 2003 clarification was intended to address, 
we find it appropriate in this case to instruct CBP to liquidate any 
existing entries of merchandise produced by the respondents, and 
exported by other parties at the all-others rate. See, e.g., Magnesium 
Metal From the Russian Federation: Preliminary Results of Antidumping 
Duty Administrative Review, 75 FR 26922, 26923 (May 13, 2010), 
unchanged in Magnesium Metal From the Russian Federation: Final Results 
of Antidumping Duty Administrative Review, 75 FR 56989, 56990 
(September 17, 2010). In addition, the Department finds that it is more 
consistent with the May 2003 clarification not to rescind the review in 
its entirety but, rather, to complete the review with respect to the 
respondents, issuing appropriate instructions to CBP based on the final 
results of the review. See the ``Assessment Rates'' section of this 
notice below.

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 rates in effect 
from the most recently-completed POR; (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.

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

[[Page 77772]]

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: December 2, 2011.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix--List of Issues in Decision Memorandum

Comment 1: Allegedly Incorrect Classification of Entry Documents
Comment 2: Verification

[FR Doc. 2011-32102 Filed 12-13-11; 8:45 am]
BILLING CODE 3510-DS-P