[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34342-34344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13557]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-805]


Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Final 
Results and Partial Rescission of the 2010-2011 Antidumping Duty 
Administrative Review

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

SUMMARY: On December 11, 2012, 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 five 
respondents: PYTCO, S.A. de C.V. (PYTCO); Conduit, S.A. de C.V. 
(Conduit); Mueller Comercial de Mexico, S. de R.L. de C.V. (Mueller); 
Lamina y Placa Comercial, S.A. de C.V. (Lamina y Placa); and Tuberia 
Nacional, S.A. de C.V. (TUNA). The period of review (POR) is November 
1, 2010 through October 31, 2011. We determine that PYTCO had one 
suspended entry but no reviewable sales during the POR, and that 
Conduit, Mueller, Lamina y Placa and TUNA had no reviewable sales of 
subject merchandise during the POR.
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    \1\ See Certain Circular Welded Non-Alloy Steel Pipe From 
Mexico: Preliminary Results and Partial Rescission of Antidumping 
Duty Administrative Review; 2010-11, 77 FR 73617 (December 11, 2012) 
(Preliminary Results).

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DATES: As of June 7, 2013.

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 December 11, 2012, 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, 2010, to October 31, 2011. See 
Preliminary Results. In the Preliminary Results, the Department 
preliminarily rescinded this administrative review with respect to five 
additional respondents for which reviews had been initiated but 
subsequently timely withdrawn.\2\ These rescissions included the other 
mandatory respondent, Ternium Mexico, S.A. de C.V., which also had been 
selected for individual examination.
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    \2\ In accordance with 19 CFR 351.213(d)(1), we preliminarily 
rescinded the administrative review with respect to the companies 
named in the Initiation Notice for which no request for 
administrative review remained on the record of this proceeding, to 
wit: Galvak, S.A. de C.V. (Galvak); Hylsa, S.A. de C.V. (Hylsa); 
Industrias Monterrey S.A. de C.V. (IMSA); Southland Pipe Nipples 
Co., Inc. (Southland); and Ternium Mexico, S.A. de C.V. (Ternium). 
Ternium was selected as a mandatory respondent prior to petitioners' 
withdrawal of the request for review with respect to Ternium. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 76 FR 82268 (December 
30, 2011) (Initiation Notice); see also Preliminary Results.
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    In response to the Department's invitation to comment on the 
Preliminary Results, domestic interested parties Allied Tube and 
Conduit and TMK-IPSCO filed a case brief on January 10, 2013. 
Respondent PYTCO filed a rebuttal brief on January 15, 2013.

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).\3\ 
The merchandise covered by the order and subject to this review is 
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.
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    \3\ For the complete scope of this order, see Notice of 
Antidumping Duty Orders: Certain Circular Welded Non-Alloy Steel 
Pipe from Brazil, the Republic of Korea (Korea), Mexico, and 
Venezuela and Amendment to Final Determination of Sales at Less Than 
Fair Value: Certain Welded Non-Alloy Steel Pipe from Korea, 57 FR 
49453 (November 2, 1992) (Antidumping Duty Order).
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Analysis of Comments Received

    All issues raised in the case brief and the 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 Ronald K. Lorentzen, Acting 
Assistant Secretary for Import Administration, dated May 30, 2013, 
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 
to registered users at http://iaaccess.trade.gov, and to all parties 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.

Mandatory Respondents

    As stated in the Preliminary Results, PYTCO submitted a claim that 
it ``did not have any exports, sales, or entries of subject merchandise 
to the United States'' during the POR. While CBP data showed that PYTCO 
had an antidumping suspended entry during the POR, ample record 
evidence indicated that this shipment did not involve an actual sale; 
no other reviewable sales were reflected in the CBP data. No 
information or argument

[[Page 34343]]

since the Preliminary Results has changed this determination. 
Therefore, we have not calculated a weighted-average dumping margin for 
PYTCO in these final results.
    As stated above, the request for administrative review of Ternium, 
which had been selected as a mandatory respondent, was timely 
withdrawn.

Non-Selected Respondents

    The companies for which administrative reviews were requested and 
not rescinded (see ``Partial Rescission of Administrative Review'' 
section of the Preliminary Results at 73618) but were not selected as 
mandatory respondents are TUNA, Lamina y Placa, Mueller, and Conduit.
    TUNA and its successor in interest,\4\ Lamina y Placa, jointly 
submitted a ``no shipments'' letter on February 28, 2013. Inquiries 
were made to CBP to confirm that no shipments by TUNA or Lamina y Placa 
were recorded at the ports during the POR. No record evidence 
contradicts the assertion of TUNA and Lamina y Placa that they made no 
shipments of subject merchandise into the United States. Therefore, we 
find that TUNA and Lamina y Placa did not make shipments of subject 
merchandise into the United States during this POR.
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    \4\ 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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    Mueller submitted a ``no shipments'' letter on April 9, 2013. An 
inquiry was made to CBP to confirm that no shipments by Mueller were 
recorded at the ports during the POR. No record evidence contradicts 
the assertion of Mueller that it made no shipments of subject 
merchandise into the United States. Therefore, we find that Mueller did 
not make shipments of subject merchandise into the United States during 
this POR.
    Conduit also submitted a claim that ``it did not have any exports, 
sales, or entries of the subject merchandise to the United States'' 
during the POR on April 9, 2013. An inquiry was made to CBP to confirm 
that no reviewable sales by Conduit were recorded at the ports during 
the POR. No record evidence contradicts the assertion of Conduit that 
it made no reviewable sales of subject merchandise into the United 
States. Therefore, we find that Conduit did not make reviewable sales 
of subject merchandise into the United States during this POR.

Final Rescissions of Administrative Review

    As stated above, all of the requests for administrative review with 
respect to Galvak, HYLSA, IMSA, Southland, and Ternium were timely 
withdrawn; the administrative reviews with respect to these five 
companies were preliminarily rescinded. See Preliminary Results. These 
administrative reviews are finally rescinded.

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.
    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) (reseller 
policy). This clarification will apply to entries of subject 
merchandise during the POR for which the exporter did not know its 
merchandise was destined for the United States. In such instances, we 
will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction.
    For PYTCO's no-sale entry, subject merchandise that is entered for 
consumption but is not sold either in the form as entered or as further 
manufactured merchandise to an unaffiliated customer in the United 
States is not subject to antidumping duties because there is no U.S. 
sale, and, therefore, no dumping in the United States. See Torrington 
Co. v. United States, 82 F.3d 1039 (Fed. Cir. 1996). Therefore, we will 
instruct CBP to liquidate this entry without regard to antidumping 
duties.
    For all entries by TUNA, Lamina y Placa, Mueller, and Conduit, we 
will instruct CBP to assess antidumping duties in accordance with the 
reseller policy.

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)(2)(C) of the Act: (1) The cash 
deposit rate for the reviewed companies will continue to be the 
company-specific rates published for the most recently completed 
segment in which the company participated; (2) for merchandise exported 
by producers or exporters not covered in this review, but covered in a 
previous segment of this proceeding, the cash deposit rate will 
continue to be the company-specific rate published for the most 
recently completed segment of this proceeding in which that 
manufacturer or exporter participated; (3) if the exporter is not a 
firm covered in a prior segment of this proceeding, but the 
manufacturer is, then the cash deposit rate will be the rate 
established for the most recently completed segment of this proceeding 
for the manufacturer of the subject 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 original 
antidumping investigation.\5\ These deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \5\ See Final Determination of Sales at Less Than Fair Value: 
Circular Welded Non-Alloy Steel Pipe From Mexico, 57 FR 42953 
(September 17, 1992).
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Notifications

    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 Tariff Act of 1930, as amended.


[[Page 34344]]


     Dated: May 30, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix--List of Issues in Decision Memorandum

Issue 1: Whether PYTCO Had Reviewable Sales
Issue 2: Treating PYTCO and Conduit as a Single Entity and Applying 
AFA
Issue 3: Whether To Inform CBP that PYTCO Misclassified Entries 
During the POR
Issue 4: Whether To Order Liquidation of Any Entries Produced and/or 
Exported by Respondents at the ``All Others'' Rate

[FR Doc. 2013-13557 Filed 6-6-13; 8:45 am]
BILLING CODE 3510-DS-P