[Federal Register Volume 77, Number 8 (Thursday, January 12, 2012)]
[Notices]
[Pages 1915-1917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-492]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-836]


Light-Walled Rectangular Pipe and Tube From Mexico; Final Results 
of Antidumping Duty Administrative Review

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

DATES: Effective Date: January 12, 2012.

SUMMARY: On September 7, 2011, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on light-walled rectangular pipe 
and tube from Mexico.\1\ This administrative review covers two 
manufacturers/exporters and has a period of review (POR) from August 1, 
2009, through July 31, 2010.
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    \1\ See Light-Walled Rectangular Pipe and Tube from Mexico: 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review, 76 FR 55352 (September 7, 2011) (Preliminary 
Results).
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    Based on our analysis of the comments received on the preliminary 
results, we have made changes to the margin calculations for one 
company (Regiomontana de Perfiles y Tubos S.A. de C.V.) and, as a 
result, the final results of review differ from the preliminary results 
for this company. The final dumping margins for all reviewed companies 
are listed below in the section entitled ``Final Results of Review.''

FOR FURTHER INFORMATION CONTACT: Brian Davis (Regiopytsa), Dena 
Crossland (Maquilacero), or Edythe Artman, AD/CVD Operations, Office 7, 
Import Administration, International Trade Administration, U.S. 
Department

[[Page 1916]]

of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-7924, (202) 482-3362, or (202) 482-3931, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 7, 2011, the Department published the Preliminary 
Results. This second administrative review of the order covers sales of 
subject merchandise, as described in the ``Scope of the Order'' section 
below, made during the POR from August 1, 2009, through July 31, 2010. 
Although we named four companies in the notice of initiation for this 
review,\2\ we only reviewed the sales of two companies--Maquilacero 
S.A. de C.V. (Maquilacero) and Regiomontana de Perfiles y Tubos S.A. de 
C.V. (Regiopytsa)--as we rescinded the review for two other companies. 
See Preliminary Results, 76 FR at 55353.
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    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 75 FR 
60076 (September 29, 2010) at 60077.
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    We invited parties to comment on the Preliminary Results and 
received case briefs from the respondent companies. None of the parties 
requested a hearing on the issues raised in comments.

Period of Review

    The POR is August 1, 2009, through July 31, 2010.

Scope of the Order

    The merchandise that is the subject of 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 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.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this antidumping 
duty administrative review are addressed in the ``Issues and Decision 
Memorandum for the Final Results of the Antidumping Duty Administrative 
Review of Light-Walled Rectangular Pipe and Tube from Mexico'' from 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Import Administration, dated January 4, 2012 (Issues and Decision 
Memorandum), which is hereby adopted by this notice. A list of all 
issues, which parties have raised and to which we have responded, is in 
the Issues and Decision Memorandum and is also attached to this notice 
as an appendix. The Issues and 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.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made one 
revision, a correction to the U.S. packing expense used to calculate 
Regiopytsa's margin. This change has been detailed in Regiopytsa's 
company-specific analysis memorandum, dated concurrently with this 
notice and on file electronically via IA ACCESS, as noted above. 
Specifically, we have revised the programming language in the U.S. 
Margin Program to convert Regiopytsa's U.S. packing expenses from 
Mexican pesos to U.S. dollars for purposes of calculating the foreign 
unit price in dollars. See Comment 2 of the Issues and Decision 
Memorandum.

Final Results of the Review

    We determine that the following weighted-average dumping margins 
exist on light-walled rectangular pipe and tube from Mexico for the 
period August 1, 2009, through July 31, 2010:

------------------------------------------------------------------------
                                                              Percentage
                  Manufacturer or Exporter                      margin
------------------------------------------------------------------------
Maquilacero S.A. de C.V....................................         0.80
Regiomontana de Perfiles y Tubos S.A. de C.V...............         3.20
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries. In accordance with 19 CFR 
351.212(b)(1), the Department normally calculates an assessment rate 
for each importer of the subject merchandise covered by the review. 
Because both Maquilacero and Regiopytsa reported the entered value for 
all U.S. sales, we have calculated importer-specific, ad valorem duty 
assessment rates based on the ratio of each importer's total amount of 
antidumping duties calculated for the examined sales to the total 
entered value of the sales for that importer. In the event an 
assessment rate is above de minimis (de minimis being less than 0.5 
percent in a review), we will instruct CBP to assess duties on all 
entries of subject merchandise for that importer during the period from 
August 1, 2009, through July 31, 2010.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment 
Notice). This clarification will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which these companies did not know that the 
merchandise it sold to an intermediary was destined for the United 
States. In such instances, we will instruct CBP to liquidate non-
reviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction. For a full 
discussion of this clarification, see Assessment Notice.
    Pursuant to 19 CFR 351.106(c)(2), we intend to instruct CBP to 
liquidate without regard to antidumping duties any entries for which 
the assessment rate is de minimis. The Department intends to issue 
assessment instructions directly to CBP 41 days after the publication 
of these final results of review.

Cash-Deposit Requirements

    The following cash-deposit requirements will be effective upon 
publication of these final results of

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review for all shipments of the subject merchandise entered or 
withdrawn from warehouse for consumption on or after the date of 
publication, consistent with section 751(a)(1) of the Act: (1) The 
cash-deposit rates for the reviewed companies will be the rates listed 
above; (2) for previously-reviewed or investigated companies not 
covered in this review, 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 
less-than-fair-value (LTFV) investigation but the manufacturer is, the 
cash-deposit rate will be the rate established for the manufacturer of 
the merchandise for the most recent period; and (4) the cash-deposit 
rate for all other manufacturers or exporters will continue to be 3.76 
percent, the all-others rate published in the amended final 
determination of the LTFV investigation. See Notice of Amended Final 
Determination of Sales at Less Than Fair Value: Light-Walled 
Rectangular Pipe and Tube From Mexico, 73 FR 45400, 45401 (August 5, 
2008).
    These deposit requirements shall remain in effect until further 
notice.

Notifications to Interested Parties

    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 the Department's presumption that 
reimbursement of 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(a)(3). 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: January 4, 2012.
Christian Marsh,
Acting Assistant Secretary for Import Administration.

Appendix

1. Offsetting of Negative Margins
2. U.S. Packing Expense Clerical Error

[FR Doc. 2012-492 Filed 1-11-12; 8:45 am]
BILLING CODE 3510-DS-P