[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)]
[Notices]
[Pages 27039-27041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12187]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-805]


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

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

SUMMARY: On December 9, 2016, 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. The period of review (POR) is November 1, 
2014, through October 31, 2015. The review covers eight producers/
exporters of the subject merchandise, including the 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). Based on our analysis of the comments received, we made 
certain changes to our preliminary findings for Regiopytsa. The final 
weighted-average dumping margins for the reviewed producers/exporters 
are listed below in the section entitled ``Final Results of Review.''

DATES: Effective June 13, 2017.

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 December 9, 2016, the Department published in the Federal 
Register the Preliminary Results of this administrative review.\1\ In 
accordance with 19 CFR 351.309(c)(1)(ii), we invited interested parties 
to comment on the Preliminary Results. On December 22, 2016, the 
Department issued post-preliminary supplemental questionnaires to 
Maquilacero and Regiopytsa.\2\ On January 18 and 19, 2017, Maquilacero 
and Regiopytsa, respectively, submitted responses to the Department's 
post-preliminary supplemental questionnaire.\3\ On February 21, 2017, 
the Department received case briefs from the petitioner,\4\ 
Maquilacero, and Regiopytsa.\5\ On February 27, 2017, interested 
parties submitted rebuttal briefs.\6\ On February

[[Page 27040]]

9 and May 16, 2017, the Department extended the time limit for the 
final results, until June 7, 2017.\7\ The Department conducted this 
administrative review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).
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    \1\ See Preliminary Results.
    \2\ See Department Letter re: Maquilacero Supplemental Section 
A, B, C, and D Questions, dated December 22, 2016; see also 
Department Letter re: Regiopytsa Supplemental Section A, B, C, and D 
Questions, dated December 22, 2016.
    \3\ See Maquilacero Letter re: Certain Circular Welded Non-Alloy 
Steel Pipe and Tube from Mexico; Maquilacero S.A. de C.V.'s Third 
Supplemental Sections A-D Questionnaire Response, dated January 18, 
2017 see also Regiopytsa Letter re: Circular Welded Non-Alloy Steel 
Pipe from Mexico: Response to the Department's December 22, 2016 
Supplemental Questionnaire, dated January 19, 2017.
    \4\ The petitioner is Wheatland Tube Company.
    \5\ See Petitioner Letter re: Circular Welded Non-Alloy Steel 
Pipe from the Mexico: Case Brief, dated February 21, 2017 
(Petitioner Case Brief); see also Maquilacero Letter re: Certain 
Circular Welded Non-Alloy Steel Pipe and Tube from Mexico; 
Maquilacero S.A. de C.V.'s Case Brief, dated February 21, 2017 
(Maquilacero Case Brief); see also Regiopytsa Letter re: Circular 
Welded Non-Alloy Steel Pipe from Mexico: Case Brief, dated February 
21, 2017 (Regiopytsa Case Brief).
    \6\ See petitioner Letter re: Circular Welded Non-Alloy Steel 
Pipe from the Mexico: Rebuttal Brief, dated February 27, 2017 
(Petitioner Rebuttal Brief); see also Maquilacero Letter re: Certain 
Circular Welded Non-Alloy Steel Pipe and Tube from Mexico; 
Maquilacero S.A. de C.V.'s Rebuttal Brief, dated February 27, 2017 
(Maquilacero Rebuttal Brief); see also Regiopytsa Letter re: 
Circular Welded Non-Alloy Steel Pipe from Mexico: Rebuttal Brief, 
dated February 27, 2017 (Regiopytsa Rebuttal Brief).
    \7\ See Memorandum, ``Certain Circular Welded Non-Alloy Steel 
Pipe from Mexico: Extension of Time Limit for Final Results of 
Antidumping Duty Administrative Review,'' dated February 9, 2017; 
see also Memorandum, ``Certain Circular Welded Non-Alloy Steel Pipe 
from Mexico: Extension of Time Limit for Final Results of 
Antidumping Duty Administrative Review,'' dated May 16, 2017.
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Period of Review

    The POR is November 1, 2014, through October 31, 2015.

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 
Issues and Decisions Memorandum,\8\ which is hereby adopted by this 
notice and incorporated herein by reference. The Issues and Decisions 
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 B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decisions Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn. The signed Issues and Decisions Memorandum 
and electronic versions of the Issues and Decisions Memorandum are 
identical in content.
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    \8\ See Memorandum, ``Issues and Decisions Memorandum for the 
Final Results of the Antidumping Duty Administrative Review: Certain 
Circular Welded Non-Alloy Steel Pipe from Mexico; 2014-2015,'' dated 
concurrently with this notice (Issues and Decisions Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this proceeding are addressed in the Issues and Decision Memorandum. A 
list of the issues that parties raised, and to which we responded, is 
attached to this notice as an appendix.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to Regiopytsa's margin calculation. Additionally, we made 
certain changes to the assessment rates for both mandatory respondents. 
These changes are fully discussed in the Issues and Decision 
Memorandum.

Final Results of Review

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or  producer                       dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
Maquilacero, S.A. de C.V....................................        7.32
Regiomontana de Perfiles y Tubos, S.A. de C.V./PYTCO, S.A.          2.43
 de C.V \9\.................................................
Conduit, S.A. de C.V........................................        3.53
Productos Laminados de Monterrey, S.A. de C.V...............        3.53
Ternium Mexico, S.A. de C.V.................................        3.53
------------------------------------------------------------------------

    Consistent with the Preliminary Results, we calculated a weighted-
average margin for the companies not selected for individual 
examination (i.e., Conduit, S.A. de C.V. (Conduit); Productos Laminados 
de Monterrey, S.A. de C.V. (Prolamsa); and Ternium Mexico, S.A. de C.V. 
(Ternium)) using the publicly available, ranged total U.S. sales values 
of the selected respondents, which is 3.53 percent.\10\
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    \9\ We continue for these final results to treat Regiomontana de 
Perfiles y Tubos, S.A. de C.V., and PYTCO, S.A. de C.V., as a single 
entity. See the Issues and Decisions Memorandum.
    \10\ For Maquilacero, we used the publicly ranged sales value of 
$3,500,000; see Maquilacero Section A Response (Public Version) at 
Exhibit A-1. For Regiopytsa, we used the publicly ranged sales value 
of $12,100,259; see Maquilacero Section A Response (Public Version) 
at Exhibit A-1.
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Disclosure

    The Department intends to disclose the calculations performed for 
these final results of review within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

Final 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 U.S. Customs and Border Protection (CBP) to 
confirm that there were no entries of subject merchandise by either 
Lamina y Placa or Mueller during the POR.\12\ We received no 
information from CBP that contradicted Lamina y Placa and Mueller's 
claims of no shipments, and we received no comments from interested 
parties with respect to the Department's preliminary determination of 
no shipments for Lamina y Placa and Mueller. Therefore, based on the 
claims of no shipments by Lamina y Placa and Mueller, and because the 
record contains no information to the contrary, we continue to 
determine for these final results that Lamina y Placa and Mueller had 
no shipments of subject merchandise and, therefore, no reviewable 
transactions during the POR. As noted in the ``Assessment Rates'' 
section, below, the Department intends to issue appropriate 
instructions to CBP for Lamina y Placa and Mueller.
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    \11\ See Lamina y Placa Letter, re: Certain Circular Welded Non-
Alloy Steel Pipe from Mexico: Notice of No Sales, dated January 19, 
2016. See also Mueller Letter, re: Certain Circular Welded Non-Alloy 
Steel Pipe from Mexico: Certification of No Shipments, dated 
February 9, 2016.
    \12\ See Preliminary Results.
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b), 
the Department has determined, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review. The Department intends to issue 
assessment instructions to CBP 41 days after the date of publication of 
these final results of review.
    The Department will instruct CBP to apply an ad valorem assessment 
rate of 7.32 percent to all entries of subject merchandise during the 
POR which were produced and/or exported by Maquilacero. The Department 
will instruct CBP to apply an ad valorem assessment rate of 2.43 
percent to all entries of subject merchandise during the POR which were 
produced and/or exported by Regiopytsa. However, for the reasons 
discussed in the accompanying Issues and Decisions Memorandum, the 
Department will adjust the assessment rate for entries on certain 
entries of subject merchandise produced and/or exported by Maquilacero 
and Regiopytsa to account for the total amount of duties that would 
have been collected on the two companies' full universe of U.S. sales. 
The Department will instruct CBP to apply an ad valorem assessment rate 
of 3.53 percent to all entries of subject merchandise during the POR 
which

[[Page 27041]]

were produced and/or exported by Conduit, Prolamsa, or Ternium.
    Additionally, because the Department determined that Lamina y Placa 
and Mueller had no shipments of the subject merchandise, any suspended 
entries that entered under those companies' case numbers (i.e., at 
those companies' rates) will be liquidated at the all-others rate 
effective during the period of review consistent with the Department's 
practice.\13\
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    \13\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, 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 rates established in the 
final results of this administrative review; (2) for merchandise 
exported by producers or exporters not covered in this administrative 
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 recent period; (3) if the exporter is not a firm covered 
in this review, a prior review, or the original investigation, but the 
producer is, the cash deposit rate will be the rate established for the 
most recent period for the producer of the merchandise; and (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 32.62 percent, the all-others rate established in the 
investigation.\14\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \14\ 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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Notification to Importers

    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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/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.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

     Dated: June 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decisions 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Calculation of Billing Adjustments
    Comment 2: Programming Error--Month Matching
    Comment 3: Theoretical Versus Actual Weight
    Comment 4: Accounting for, and Properly Assessing, All Sales of 
Subject Merchandise
    Comment 5: Alleged Changes in Model Match Characteristics
    Comment 6: Anomalies in Reporting of Wall Thickness and Pipe 
Size
    Comment 7: Continuous Entry Bonds
V. Recommendation

[FR Doc. 2017-12187 Filed 6-12-17; 8:45 am]
 BILLING CODE 3510-DS-P