[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Notices]
[Pages 48647-48649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19350]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-805]


Certain Circular Welded Non-Alloy Steel Pipe from Mexico: 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review; 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to requests by interested parties, the Department 
of Commerce (the Department) is conducting an administrative review of 
the antidumping duty order on certain circular welded non-alloy steel 
pipe from Mexico. This administrative review originally covered eight 
respondents: Conduit S.A. de C.V. (Conduit); Ternium Mexico, S.A. de 
C.V. (Ternium); Tuberia Nacional, S.A. de C. V. (TUNA); Lamina y Placa 
Comercial, S.A. de C.V. (Lamina); Mueller Comercial de Mexico, S. de 
R.L. de C.V. (Mueller); Regiomontana de Perfiles y Tubos, S.A. de C.V. 
(Regiopytsa); PYTCO, S.A. de C.V. (PYTCO); and Southland Pipe Nipples 
Co., Inc. (Southland). All requests for administrative review of PYTCO, 
Conduit, Southland, and Ternium were withdrawn and we are consequently 
rescinding this administrative review, in part, with respect to these 
four companies. We preliminarily determine that TUNA, Lamina, Mueller, 
and Regiopysta made no shipments during the period of review (POR). 
Interested parties are invited to comment on these preliminary results.

DATES: Effective Date: August 9, 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 or (202) 482-0469, respectively.

SUPPLEMENTARY INFORMATION: 

Period of Review

    The POR is November 1, 2011, through October 31, 2012.

Scope of the Order

    The products covered by the 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

[[Page 48648]]

(plain end, beveled end, threaded, or threaded and coupled). 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 this proceeding is dispositive. A full description of the scope of 
the order is contained in the Memorandum from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations, 
to Paul Piquado, Assistant Secretary for Import Administration, 
``Decision Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review: Certain Circular Welded Non-Alloy Steel Pipe 
from Mexico,'' (Preliminary Decision Memorandum), dated concurrently 
with this notice, which is hereby adopted by this notice.
    The Preliminary 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). 
IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the Central 
Records Unit, Room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at http://www.trade.gov/ia/. The 
signed Preliminary Decision Memorandum and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

Background

    Timely requests for administrative review of eight companies were 
received from parties.\1\ For a full description of requests for review 
and the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum.
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    \1\ These eight companies are Conduit, Ternium, TUNA, Lamina, 
Mueller, Regiopytsa, PYTCO, Southland. By its clarification of 
December 10, 2013, the petitioner, United States Steel Corporation, 
excluded Southland from its requests; see the Preliminary Decision 
Memorandum at 2.
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Partial Rescission of Administrative Review

    All requests for review were timely withdrawn for PYTCO, Conduit, 
Southland, and Ternium. Therefore, in accordance with 19 CFR 
351.213(d)(1), we rescind, in part, the administrative review with 
respect to these companies.

Preliminary Determination of No Shipments

    TUNA, Lamina, Mueller, and Regiopytsa have each submitted claims of 
no shipments during the POR. None of these statements is inconsistent 
with the data contained in the U.S. Customs and Border Protection (CBP) 
Information Memorandum.\2\ No party has submitted comments with respect 
to either the CBP Information Memorandum or any party's claim of no 
shipments. In accordance with our standard practice with claims of no 
shipment, the Department made additional inquiries to CBP for each of 
these companies. We received no information from CBP to contradict the 
results of our data queries and the claims made by these companies. 
Therefore, we preliminarily determine that TUNA, Lamina, Mueller, and 
Regiopysta made no shipments during the POR. For further discussion, 
see the Preliminary Decision Memorandum.
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    \2\ See the memorandum from Mark Flessner to the File entitled, 
``Certain Circular Welded Non-Alloy Steel Pipe from Mexico: 
Placement on the Record of U.S. Customs and Border Patrol 
Information for 2011-2012 Period of Review'' (CBP Information 
Memorandum). Note that the agency's proper title, U.S. Customs and 
Border Protection, was misstated in the memorandum title.
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    Consistent with our practice, the Department finds that it is not 
appropriate to rescind the review with respect to TUNA, Lamina, 
Mueller, and Regiopysta, but rather to complete the review with respect 
to TUNA, Lamina, Mueller, and Regiopysta, and to issue appropriate 
instructions to CBP based on the final results of this review.

Preliminary Results of Review

    For the respondents which remain under review (TUNA, Lamina, 
Mueller, and Regiopytsa), the Department preliminarily finds that each 
had no shipments of subject merchandise during the POR. Therefore, the 
Department has not calculated a weighted-average dumping margin for any 
respondent in this administrative review.

Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\3\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\4\ Case and rebuttal briefs should be filed using IA 
ACCESS.\5\
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    \3\ See 19 CFR 351.309(d).
    \4\ See 19 CFR 351.309(c)(2) and (d)(2).
    \5\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
filed electronically via IA ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's 
electronic records system, IA ACCESS, by 5:00 p.m. Eastern Standard 
Time within 30 days after the date of publication of this notice.\6\ 
Requests should contain: (1) The party's name, address and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs. The Department will issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act.
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    \6\ See 19 CFR 351.310(c).
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Cash Deposit Requirements

    The Department has not calculated weighted-average dumping margins 
for any respondent in this administrative review. Therefore, the 
existing cash deposit rates will continue to remain in effect.

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries, in accordance with 19 CFR 351.212. The Department intends to 
issue appraisement instructions directly to CBP 41 days after the date 
of publication of the final results of this review.
    As noted above, the Department has rescinded this administrative 
review for PYTCO, Conduit, Southland and Ternium. For these exporters 
and/or producers, the Department will instruct CBP to liquidate all 
appropriate entries as entered.
    If TUNA's, Lamina's, Mueller's, or Regiopysta's weighted-average 
dumping margins are not zero or de minimis (i.e., less than 0.5 
percent) in the final results of this review, we will calculate 
importer-specific assessment rates on

[[Page 48649]]

the basis of the ratio of the total amount of dumping calculated for 
the importer's examined sales and the total entered value of the sales 
in accordance with 19 CFR 351.212(b)(1). Where either a respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\7\ This clarification will apply to entries of subject 
merchandise during the POR produced by TUNA, Lamina, Mueller, or 
Regiopysta for which these companies did not know that the 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. 
Further, instead of rescinding the review with respect to TUNA, Lamina, 
Mueller, and Regiopysta, we find it appropriate to complete the review 
and issue liquidation instructions to CBP concerning entries for TUNA, 
Lamina, Mueller, and Regiopysta following issuance of the final results 
of review. If we continue to find that TUNA, Lamina, Mueller, and 
Regiopysta had no shipments of subject merchandise in the final 
results, we will instruct CBP to liquidate any existing entries of 
merchandise produced by TUNA, Lamina, Mueller, and Regiopysta, but 
exported by other parties at the rate for the intermediate reseller, if 
available, or at the all-others rate.\8\
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    \7\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003).
    \8\ 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 (September 17, 2010).
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Notification to Importers

    This notice also serves as a preliminary 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

     Dated: August 1, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

 Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

    A. Partial Rescission of Administrative Review
    B. No Shipments Claims

[FR Doc. 2013-19350 Filed 8-8-13; 8:45 am]
BILLING CODE 3510-DS-P