[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Notices]
[Pages 89047-89050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29544]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-805]


Certain Circular Welded Non-Alloy Steel Pipe From Mexico; 
Preliminary Results, Preliminary Determination of No Shipments, and 
Partial Rescission of Antidumping Duty Administrative Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: 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. The period of review (POR) is 
November 1, 2014, through October 31, 2015. This review covers eight 
producers/exporters of the subject merchandise, including two 
respondents selected for individual examination: Maquilacero, S.A. de 
C.V. (Maquilacero) and Regiomontana de Perfiles y Tubos, S.A. de C.V. 
(Regiopytsa). We preliminarily determine that Maquilacero and 
Regiopytsa made sales of subject merchandise at less than normal value 
during the POR. Additionally, we preliminarily determine that Lamina y 
Placa Comercial, S.A. de C.V. (Lamina y Placa) and Mueller Comercial de 
Mexico, S. de R.L. de C.V. (Mueller) had no shipments during the POR. 
Whirlpool Corporation (Whirlpool) timely withdrew its request for 
review of Burner Systems International (BSI); consequently, we rescind 
the administrative review with regard to

[[Page 89048]]

BSI. Interested parties are invited to comment on these preliminary 
results.

DATES: Effective December 9, 2016.

FOR FURTHER INFORMATION CONTACT: Mark Flessner or Erin Kearney, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-6312 or (202) 482-0167, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 7, 2016, the Department published a notice of initiation 
of an administrative review of the antidumping duty order \1\ on 
certain circular welded non-alloy steel pipe from Mexico.\2\ This 
administrative review covers eight producers/exporters of the subject 
merchandise.\3\ As explained in the memorandum from the Acting 
Assistant Secretary for Enforcement & Compliance, the Department has 
exercised its discretion to toll all administrative deadlines due to 
the recent closure of the Federal Government.\4\ All deadlines in this 
segment of the proceeding have been extended by four business days. On 
July 26, 2016, and October 20, 2016, the Department extended the 
deadline for the preliminary results.\5\ The revised deadline for the 
preliminary results of this review is now December 5, 2016.
---------------------------------------------------------------------------

    \1\ 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) (the Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 736 (January 7, 2016) (Initiation 
Notice).
    \3\ Those eight companies are: (1) Conduit, S.A. de C.V. 
(Conduit), (2) Lamina y Placa, (3) Maquilacero, (4) Mueller, (5) 
Productos Laminados de Monterrey, S.A. de C.V. (Prolamsa), (6) 
PYTCO, S.A. de C.V. (PYTCO), (7) Regiopytsa, and (8) Ternium Mexico, 
S.A. de C.V. (Ternium). In addition, a review was requested by 
Whirlpool for BSI; however, all review requests for BSI were timely 
withdrawn; see the section entitled ``Partial Rescission of 
Administrative Review,'' below.
    \4\ See Memorandum to the Record from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, regarding ``Tolling of Administrative 
Deadlines As a Result of the Government Closure During Snowstorm 
Jonas,'' dated January 27, 2016.
    \5\ See Memorandum from Mark Flessner to Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, entitled, ``Certain Circular Welded Non-Alloy Steel Pipe 
From Mexico: Extension of Time Limit for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated July 26, 2016; see 
also Memorandum from Mark Flessner to Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, entitled, ``Certain Circular Welded Non-Alloy Steel Pipe 
From Mexico: Extension of Time Limit for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated October 20, 2016.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are circular welded non-alloy 
steel pipes and tubes. 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: 7306.30.1000, 
7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, 
and 7306.30.5090. 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 Preliminary Decision Memorandum,\6\ which 
is hereby adopted by this notice and incorporated herein by reference. 
The Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov and 
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://enforcement.trade.gov/frn. The signed Preliminary 
Decision Memorandum and electronic versions of the Preliminary Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \6\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, entitled, ``Preliminary Decision 
Memorandum for the Preliminary Results of the Antidumping Duty 
Administrative Review: Certain Circular Welded Non-Alloy Steel Pipe 
from Mexico; 2014-2015'' (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Partial Rescission of Administrative Review

    On November 3, 2015, the Department published in the Federal 
Register a notice of opportunity to request an administrative review of 
the antidumping order on certain circular welded non-alloy steel pipe 
from Mexico.\7\ The Department received multiple timely requests for an 
administrative review of the AD order on certain circular welded non-
alloy steel pipe from Mexico and, on January 7, 2016, in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act), 
the Department initiated a review of nine companies in this 
proceeding.\8\ In response to a timely-filed withdrawal request by 
Whirlpool, we are rescinding this administrative review with respect to 
BSI pursuant to 19 CFR 351.213(d)(1).\9\ Accordingly, the companies 
subject to the instant review are: Conduit, Lamina y Placa, 
Maquilacero, Mueller, Prolamsa, PYTCO, Regiopytsa, and Ternium, of 
which the Department has selected Maquilacero and Regiopytsa as the 
mandatory respondents.\10\
---------------------------------------------------------------------------

    \7\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspension Agreement; Opportunity to Request Administrative Review, 
80 FR 67706 (November 3, 2015).
    \8\ See Initiation Notice.
    \9\ See the Preliminary Decision Memorandum at the section 
entitled, ``Partial Rescission.''
    \10\ See Memorandum from Mark Flessner to Scot Fullerton, 
Director, Antidumping and Countervailing Duty Operations Office VI, 
entitled, ``Respondent Selection for the Administrative Review 
Circular Welded Non-Alloy Steel Pipe from Mexico, 2014-2015,'' dated 
March 21, 2016 (Respondent Selection Memorandum).
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    Lamina y Placa and Mueller reported that they made no sales of 
subject merchandise during the POR.\11\ On November 28, 2016, we issued 
a no-shipment inquiry to CBP to confirm the claims of no shipments by 
Lamina y Placa and Mueller. We have not yet received CBP's response to 
our inquiry. Therefore, based on the claims of no shipments by Lamina y 
Placa and Mueller, and because the record currently contains no 
information to the contrary, we preliminarily determine that Lamina y 
Placa and Mueller had no shipments of subject merchandise and, 
therefore, no reviewable transactions during the POR. However, we 
intend to consider information received from CBP in response to our no-
shipment inquiry for the final results of this review. Moreover, 
consistent with our practice, we are not preliminarily rescinding the 
review with respect to Lamina y Placa and Mueller but, rather, we will 
complete the review with respect to these companies and issue 
appropriate instructions to CBP based on the final results of this 
review.\12\
---------------------------------------------------------------------------

    \11\ See Letter from Lamina y Placa to the Secretary of Commerce 
entitled, ``Certain Circular Welded Non-Alloy Steel Pipe from 
Mexico: Notice of No Sales,'' dated January 19, 2016. See also 
Letter from Mueller to the Secretary of Commerce entitled, ``Certain 
Circular Welded Non-Alloy Steel Pipe from Mexico: Certification of 
No Shipments,'' dated February 9, 2016.
    \12\ See, e.g., Certain Frozen Warmwater Shrimp From Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp From Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at 
51306 (August 28, 2014).

---------------------------------------------------------------------------

[[Page 89049]]

Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of the Act. Export price (EP) is calculated in accordance 
with section 772 of the Act. Normal value (NV) is calculated in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum. A list of topics discussed in the Preliminary Decision 
Memorandum is included as an appendix to this notice.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the POR:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                                  (%)
------------------------------------------------------------------------
Maquilacero, S.A. de C.V....................................        7.32
Regiomontana de Perfiles y Tubos, S.A. de C.V. and PYTCO,           2.14
 S.A. de C.V. \13\..........................................
Conduit, S.A. de C.V........................................        3.30
Productos Laminados de Monterrey, S.A. de C.V...............        3.30
Ternium Mexico, S.A. de C.V.................................        3.30
------------------------------------------------------------------------

    For the rate for non-selected respondents in an administrative 
review, generally, the Department looks to section 735(c)(5) of the 
Act, which provides instructions for calculating the all-others rate in 
a market economy investigation. Under section 735(c)(5)(A) of the Act, 
the all-others rate is normally ``an amount equal to the weighted-
average of the estimated weighted-average dumping margins established 
for exporters and producers individually investigated, excluding any 
zero or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .'' Because applying our normal 
methodology of calculating a weighted-average dumping margin in this 
case could indirectly disclose business proprietary information, we 
have instead calculated a weighted-average margin for the non-selected 
respondents using the publicly available, ranged total U.S. sales 
values of the selected respondents.\14\ Accordingly, we have applied a 
rate of 3.30 percent to the non-selected companies, as set forth in the 
chart above.
---------------------------------------------------------------------------

    \13\ The Department has preliminarily determined to treat 
Regiomontana de Perfiles y Tubos, S.A. de C.V., and PYTCO, S.A. de 
C.V., as a single entity. See Preliminary Decision Memorandum.
    \14\ For further discussion, see the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries.\15\ For any individually 
examined respondent whose weighted-average dumping margin is above de 
minimis (i.e., 0.50 percent), we will calculate importer-specific ad 
valorem duty assessment rates based on the ratio of the total amount of 
dumping calculated for the importer's examined sales to the total 
entered value of those same 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. For entries 
of subject merchandise during the POR produced by each respondent for 
which it did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate un-reviewed entries at the 
all-others rate if there is no rate for the intermediate company 
involved in the transaction.\16\
---------------------------------------------------------------------------

    \15\ In these preliminary results, the Department applied the 
assessment rate 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).
    \16\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of certain circular welded non-alloy steel pipe from 
Mexico entered, or withdrawn from warehouse, for consumption on or 
after the date of publication as provided by section 751(a)(2) of the 
Act: (1) The cash deposit rates for Conduit, Maquilacero, Prolamsa, 
Regiopytsa, and Ternium will be the weighted-average dumping margins 
established in the final results of this administrative review except 
if the rates are de minimis within the meaning of 19 CFR 351.106(c)(1), 
in which case the cash deposit rates will be zero; (2) for merchandise 
exported by manufacturers or exporters not covered in this review but 
covered in a prior segment of the 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 the manufacturer 
or exporter participated; (3) if the exporter is not a firm covered in 
this review, a prior review, or the original less-than-fair-value 
investigation but the manufacturer is, the cash deposit rate will be 
the rate established for the most recently completed segment of the 
proceeding for the manufacturer of the merchandise; (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 32.62 percent ad valorem, the all-others rate established in the 
original less-than-fair-value investigation.\17\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \17\ See Final Determination of Sales at Less Than Fair Value: 
Circular Welded Non-Alloy Steel Pipe From Mexico, 57 FR 42953 
(September 17, 1992).
---------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days of the date of publication of this notice.\18\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs no 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 no later than five days after the date for filing case 
briefs.\19\ 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.\20\ Case and rebuttal briefs should be filed using 
ACCESS.\21\
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.224(b).
    \19\ See 19 CFR 351.309(d).
    \20\ See 19 CFR 351.309(c)(2) and (d)(2).
    \21\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's electronic records system, ACCESS, 
by 5:00 p.m. Eastern Time within 30 days after the date of publication 
of this notice.\22\ 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

[[Page 89050]]

respective case briefs. If a request for a hearing is made, parties 
will be notified of the date and time of the hearing to be held at the 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230.
---------------------------------------------------------------------------

    \22\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), the Department intends to issue the 
final results of this administrative review, including the results of 
its analysis of the issues raised in all written case briefs, within 
120 days after the issuance of these preliminary results.

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 Department'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(h)(1).

    Dated: December 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

Summary
Background
Scope of the Order
Partial Rescission of Administrative Review
Preliminary Determination of No Shipments
Unexamined Respondents
Postponement of Preliminary Determination
Methodology
    Fair Value Comparisons
    Determination of Comparison Method
    Product Comparisons
    Date of Sale
    Level of Trade
    Export Price
    Cost of Production
    Normal Value
    Currency Conversion
Recommendation

[FR Doc. 2016-29544 Filed 12-8-16; 8:45 am]
BILLING CODE 3510-DS-P