[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Notices]
[Pages 54864-54866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21775]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-836]


Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary 
Results and Partial Rescission of Antidumping Duty Administrative 
Review; 2011-2012

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on light-walled 
rectangular pipe and tube (LWR pipe and tube) from Mexico. The period 
of review (POR) is August 1, 2011, through July 31, 2012. The review 
covers three producers or exporters of subject merchandise, 
Regiomontana de Perfiles y Tubos S.A. de C.V. (Regiopytsa), Maquilacero 
S.A. de C.V. (Maquilacero), and Nacional de Acero S.A. de C.V. (NASA). 
For these preliminary results, we have found that Regiopytsa has sold 
subject merchandise at less than normal value during the POR and that 
Maquilacero has not sold subject merchandise at less than normal value 
during the POR. For NASA, we are rescinding this administrative review. 
Interested parties are invited to comment on these preliminary results.

DATES: Effective Date: September 6, 2013.

FOR FURTHER INFORMATION CONTACT: Brian Davis or David Cordell, 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-
7924 or (202) 482-0408, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to the 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.\1\ 
The welded carbon-quality rectangular pipe and tube subject to the 
order is currently classified under the

[[Page 54865]]

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 the order is dispositive.\2\
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    \1\ See Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review: Light-Walled Rectangular 
Pipe and Tube from Mexico, 2011-2012'' from Gary Taverman, Senior 
Advisor for Antidumping and Countervailing Duty Operations, to Paul 
Piquado, Assistant Secretary for Import Administration, dated 
concurrently with this notice (Preliminary Decision Memorandum), for 
a complete description of the scope of the order.
    \2\ See Light-Walled Rectangular Pipe and Tube from Mexico, the 
People's Republic of China, and the Republic of Korea: Antidumping 
Duty Orders; Light-Walled Rectangular Pipe and Tube from the 
Republic of Korea: Notice of Amended Final Determination of Sales at 
Less Than Fair Value, 73 FR 45403, 45405 (August 5, 2008) (Orders).
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Partial Rescission of Administrative Review

    On August 31, 2012, NASA requested that the Department conduct a 
review of its exports of subject merchandise to the United States, and 
on November 1, 2012, NASA timely withdrew this request. NASA was the 
only interested party to request an administrative review of its 
exports of subject merchandise. Therefore, in accordance with 19 CFR 
351.213(d)(1), we are rescinding this administrative review with 
respect to NASA.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For a 
full description of the methodology underlying our conclusions, see 
Preliminary Decision Memorandum, 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.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producer or exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Regiomontana de Perfiles y Tubos S.A. de C.V...............         1.45
Maquilacero S.A. de C.V....................................         0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department will disclose calculations performed, if applicable, 
for these preliminary results to the parties within five days of the 
date of publication of this notice in accordance with 19 CFR 
351.224(b). Interested parties may submit written comments no later 
than 30 days after the date of publication of these preliminary results 
of review.\3\ Rebuttals to written comments may be filed no later than 
five days after the written comments are filed.\4\
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    \3\ See 19 CFR 351.309(c).
    \4\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\5\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\6\
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    \5\ See 19 CFR 351.310(c).
    \6\ See 19 CFR 351.310(d).
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    The Department will issue the final results of this administrative 
review, which will include the results of its analysis of all issues 
raised in any such comments, within 120 days of publication of these 
preliminary results, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of this administrative review, the Department shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. If either respondent's 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.50 percent) in the final results of this review, we will 
calculate importer-specific assessment rates on the basis of the ratio 
of the total amount of dumping calculated for the importer's examined 
sales and the total entered value of those sales in accordance with 19 
CFR 351.212(b)(1).\7\ Where either the 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.
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    \7\ In these preliminary results, the Department applied the 
weighted-average dumping margin calculation method adopted in 
Antidumping Proceedings: Calculation of the Weighted-Average Dumping 
Margin and Assessment Rate in Certain Antidumping Duty Proceedings; 
Final Modification, 77 FR 8101 (February 14, 2012).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\8\ This clarification will apply to entries of subject 
merchandise during the POR that were produced by the companies included 
in these preliminary results of review and for which the reviewed 
companies did not know that the merchandise was destined for the United 
States. In such instances, we will instruct CBP to liquidate un-
reviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.
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    \8\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    In accordance with 19 CFR 356.8(a), the Department intends to issue 
assessment instructions to CBP on or after 41 days following the 
publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective, upon 
completion of the final results of this administrative review, for all 
shipments of LWR pipe and tube from Mexico entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
final results of review, as provided by section 751(a)(2)(C) of the 
Act: (1) The cash deposit rates for the companies covered by this 
review (i.e., Maquilacero and Regiopytsa) will be equal to the 
weighted-average dumping margins established in the final results of 
this review, except if the rate is de minimis, in which case the cash 
deposit rate will be zero percent; (2) for previously reviewed or 
investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific cash deposit rate established for 
the most recently completed segment of this proceeding; (3) if the 
exporter is not a firm covered in this review, a previous review, or 
the less-than-fair-value investigation but the manufacturer is, then 
the cash deposit rate will be the cash deposit rate established for the 
manufacturer of the merchandise for the most recently completed segment 
of this

[[Page 54866]]

proceeding; and (4) if neither the exporter nor the manufacturer is a 
firm covered in this or any previously completed segment of this 
proceeding, then the cash deposit rate will be the all-others rate of 
3.76 percent, as established in the less-than-fair value 
investigation.\9\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \9\ See Orders, 73 FR at 45404.
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Notifications

    This notice 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 these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: August 30, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

    1. Background
    2. Scope of the Order
    3. Discussion of Methodology
    4. Recommendation

[FR Doc. 2013-21775 Filed 9-5-13; 8:45 am]
BILLING CODE 3510-DS-P