[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Notices]
[Pages 42076-42078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18825]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-836]


Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary 
Results of Antidumping Duty Administrative Review; 2015-2016

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 light-walled 
rectangular pipe and tube (LWRPT) from Mexico. The period of review is 
August 1, 2015, through July 31, 2016. The review covers one producer/
exporter of the subject merchandise, Productos Laminados de Monterrey 
S.A. de C.V (Productos Laminados). We preliminarily determine that 
sales of subject merchandise by Productos Laminados and affiliated 
reseller, Aceros Cuatros Caminos S.A. de C.V. (A4C) (collectively, 
Prolamsa), were not made at less than normal value during the period of 
review. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable September 6, 2017.

FOR FURTHER INFORMATION CONTACT: Madeline Heeren, 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) 482-9179.

SUPPLEMENTARY INFORMATION: 

Background

    These preliminary results of review are made in accordance with 
section 733(b) of the Tariff Act of 1930, as amended (the Act). On 
October 14, 2016, the Department published the notice of initiation for 
the administrative review.\1\ For a complete

[[Page 42077]]

description of the events that followed the initiation of the review, 
see the Preliminary Decision Memorandum.\2\ A list of topics included 
in the Preliminary Decision Memorandum is included as Appendix II to 
this notice. 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 to all parties in the Central Records Unit, 
located in room B8094 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 71061 (October 14, 2016) (Initiation 
Notice) as corrected in Initiation of Antidumping and Countervailing 
Duty Administrative Reviews, 81 FR 78778 (November 9, 2016) 
(Correction Notice).
    \2\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Light-Walled 
Rectangular Pipe and Tube from Mexico; 2015-2016,'' dated 
concurrently with this notice.
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Scope of the Order

    The products covered by the scope of the order are LWRPT from 
Mexico. For a complete description of the scope, see Appendix I of this 
notice.

Methodology

    The Department is conducting this review in accordance with section 
751(a)(1)(B) of the Act. For a full description of the methodology 
underlying the preliminary results, see the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    We preliminarily determine that, for the period August 1, 2015, 
through July 31, 2016, the following weighted-average dumping margin 
exists: \3\
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    \3\ The Department has preliminarily determined to collapse, and 
treat as a single entity, affiliates Productos Laminados de 
Monterrey S.A. de C.V. and Aceros Cuatro Caminos S.A. de C.V. For 
our analysis of the collapsing criteria, see Memorandum, ``Analysis 
Memorandum for Productos Laminados de Monterrey S.A. de C.V. and 
Aceros Cuatro Caminos S.A. de C.V. in the Preliminary Results of the 
2015/2016 Administrative Review of the Antidumping Duty order on 
Light-Walled Rectangular Pipe and Tube from Mexico,'' dated 
concurrently with this notice.

------------------------------------------------------------------------
                                                            Weighted-
                   Producer/exporter                      average margin
                                                            (percent)
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Productos Laminados de Monterrey S.A. de C.V./Aceros               0.00
 Cuatros Caminos S.A. de C.V...........................
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Disclosure and Public Comment

    The Department will disclose to parties to the proceeding any 
calculations performed in connection with these preliminary results of 
review within five days after the date of publication of this 
notice.\4\ Interested parties may submit case briefs not later than 30 
days after the date of publication of this notice in the Federal 
Register.\5\ 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.\6\ 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.\7\ Case and rebuttal briefs should be filed using 
ACCESS.\8\
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    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(c)(1)(ii).
    \6\ See 19 CFR 351.309(d)(1).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See 19 CFR 351.303.
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance within 30 days of the date of publication of this notice.\9\ 
Requests should contain: (1) The party's name, address and telephone 
number; (2) the number of participants; and (3) a list of issues 
parties intend to discuss. Issues raised in the hearing will be limited 
to those raised in the respective case and rebuttal briefs. If a 
request for a hearing is made, the Department intends to hold the 
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230, at a date and time to be determined.\10\ 
Parties should confirm by telephone the date, time, and location of the 
hearing two days before the scheduled date.
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    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310(d).
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    Unless extended, the Department intends to issue the final results 
of this administrative review, which will include the results of our 
analysis of all issues raised in the case briefs, within 120 days of 
publication of these preliminary results in the Federal Register, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\11\ If a 
respondent's weighted-average dumping margin is not zero or de minimis 
in the final results of this review and the respondent reported 
reliable entered values, we will calculate importer-specific ad valorem 
assessment rates for the merchandise based on the ratio of the total 
amount of dumping calculated for the examined sales made during the 
period of review to each importer to the total entered value of those 
same sales in accordance with 19 CFR 351.212(b)(1). If the respondent 
has not reported reliable entered values, we will calculate a per-unit 
assessment rate for each importer by dividing the total amount of 
dumping for the examined sales made during the period of review to that 
importer by the total sales quantity associated with those 
transactions. Where an importer-specific ad valorem assessment rate is 
zero or de minimis, we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties in accordance with 19 CFR 
351.106(c)(2). If the respondent's weighted-average dumping margin is 
zero or de minimis in the final results of review, we will instruct CBP 
not to assess duties on any of its entries in accordance with the Final 
Modification for Reviews, i.e., ``{w{time} here the weighted-average 
margin of dumping for the exporter is determined to be zero or de 
minimis, no antidumping duties will be assessed.'' \12\
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    \11\ See 19 CFR 351.212(b)(1).
    \12\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
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    Regarding entries of subject merchandise during the period of 
review that were produced by Prolamsa and for which they did not know 
that the merchandise was destined for the United States, we will 
instruct CBP to liquidate un-reviewed entries at the all-others rate of 
3.76 percent, as established in the less-than-fair-value investigation 
of the order, if there is no rate for the intermediate company(ies) 
involved in the transaction.\13\ For a full

[[Page 42078]]

discussion of this matter, see Assessment Policy Notice.\14\
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    \13\ 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, (August 5, 2008) (Order).
    \14\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
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    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Prolamsa will be 
equal to the weighted-average dumping margin established in the final 
results of this administrative review; (2) for previously reviewed or 
investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific rate published for the most 
recently completed segment of this proceeding in which they were 
reviewed; (3) if the exporter is not a firm covered in this review, a 
prior review, or in the investigation but the producer is, the cash 
deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be the all-others rate of 3.76 percent. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice also serves as a 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.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 30, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Order

    The scope of this order covers 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.
    The term carbon-quality steel includes both carbon steel and 
alloy steel which contains only small amounts of alloying elements. 
Specifically, the term carbon-quality includes products in which 
none of the elements listed below exceeds the quantity by weight 
respectively indicated; 1.80 percent of manganese, or 2.25 percent 
of silicon, or 1.00 percent of copper, or 0.50 percent of aluminum, 
or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 
percent of lead, or 1.25 percent of nickel, or 0.30 percent of 
tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium, 
or 0.15 percent of vanadium, or 0.15 percent of zirconium.
    The description of carbon-quality is intended to identify 
carbon-quality products within the scope. The welded-carbon quality 
rectangular pipe and tube subject to the order is currently 
classified under the Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 7306.61.50.00 and 7306.61.70.60. This tariff 
classification is provided for convenience and Customs purposes; 
however, the written description of the scope of the order is 
dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

1. Background
2. Scope of the Order
3. Affiliation and Collapsing of Affiliates
4. Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
5. Product Comparisons
6. Date of Sale
7. Export Price/Constructed Export Price
8. Normal Value
    A. Home Market Viability as Comparison Market
    B. Level of Trade
    C. Sales to Affiliates
    D. Cost of Production
    1. Calculation of Cost of Production
    2. Test of Comparison Market Sales Prices
    3. Results of the Cost of Production Test
    E. Calculation of Normal Value Based on Comparison Market Prices
    F. Price-to-Constructed Value Comparison
9. Currency Conversion
10. Recommendation

[FR Doc. 2017-18825 Filed 9-5-17; 8:45 am]
 BILLING CODE 3510-DS-P