[Federal Register Volume 84, Number 180 (Tuesday, September 17, 2019)]
[Notices]
[Pages 48907-48909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20085]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-805]
Certain Circular Welded Non-Alloy Steel Pipe From Mexico:
Preliminary Results of Antidumping Duty Administrative Review and
Rescission of Review, in Part; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) 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, 2017 through October 31, 2018. We invite interested parties
to comment on these preliminary results.
DATES: Applicable September 17, 2019.
FOR FURTHER INFORMATION CONTACT: Mark Flessner, 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.
SUPPLEMENTARY INFORMATION:
Background
On February 29, 2019, Commerce published in the Federal Register a
notice of the initiation of the administrative review of the
antidumping duty (AD) order \1\ on certain circular welded non-alloy
steel pipe from Mexico for 37 companies.\2\ For a complete description
of the events that followed the initiation of this administrative
review, see the Preliminary Decision Memorandum.\3\ The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's AD 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, Room B8024 of the main 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 and the electronic versions of the Preliminary Decision
Memorandum are identical in content. A list of topics included in the
Preliminary Decision Memorandum is included as Appendix I to this
notice.
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\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) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 2159 (February 6, 2019) (Initiation
Notice); see also Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 9297 (March 14, 2019) (containing a
correction to the listing of the names in the Initiation Notice).
\3\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Certain Circular
Welded Non-Alloy Steel Pipe from Mexico: 2017-2018,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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On May 7, 2019, all requests for administrative review were timely
withdrawn with regard to 34 companies (listed in Appendix II to this
notice), leaving only Conduit, S.A. de C.V. (Conduit), Mueller
Comercial de Mexico, S. de R.L. de C.V. (Mueller), and RYMCO subject to
the administrative review.\4\ On June 28, 2019, we received a timely
filed certification of no shipments of subject merchandise from
Mueller.\5\ On July 8, 2019, we received a timely filed certification
of no shipments of subject
[[Page 48908]]
merchandise from Conduit and RYMCO in lieu of a questionnaire
response.\6\
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\4\ See Petitioner's, ``Certain Circular Welded Non-Alloy Steel
Pipes and Tubes from Mexico: Partial Withdrawal of Request for
Administrative Review,'' dated May 7, 2019; see also Domestic
Interested Parties' Letter, ``Certain Circular Welded Non-Alloy
Steel Pipe from Mexico: Partial Withdrawal of Request for
Administrative Review,'' dated May 7, 2019.
\5\ See Mueller's Letter, ``Certain Circular Welded Non-Alloy
Steel Pipe from Mexico: Mueller Certification of No Shipments,''
dated June 28, 2019 (Mueller Statement of No Shipments).
\6\ See Conduit/RYMCO's Letter, ``Certain Circular Welded Non-
Alloy Steel Pipe from Mexico: Conduit/RYMCO Response to Department
Questionnaire--Statement of No Sales of Subject Merchandise,'' dated
July 8, 2019 (Conduit/RYMCO Statement of No Shipments).
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Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018 through
the resumption of operations on January 29, 2019.\7\ The revised
deadline for the preliminary results is September 11, 2019.
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\7\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
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Scope of the Order
The merchandise under review is 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: 7306.30.10.00,
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 these proceedings is dispositive. A full description of
the scope of the Order is contained in the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our preliminary results
of review, see the Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
Prior to the issuance of the questionnaire, Conduit reported that
it made no sales of subject merchandise during the POR.\8\ On May 8,
2019, we placed the U.S. Customs and Border Protection (CBP) port
inquiry instructions on the record that we sent to CBP regarding each
company that submitted a statement of no shipments. We received no
information from CBP contrary to the statements of no shipments from
the companies contained in the attachments to the CBP Information
Memorandum.\9\
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\8\ See Conduit's Letter, ``Circular Welded Non-Alloy Steel Pipe
from Mexico: Response to Comments on Notice of No Sales and
Confirmation of No Sales, dated April 19, 2019. This statement
included RYMCO.
\9\ The port inquiries were for: Conduit, ITISA, Lamina y Placa,
Mach 1 Aero, Mach 1 Global, Regiopytsa, Tubacero, and TUMEX.
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On July 8, 2019, we received a certification of no shipments of
subject merchandise from Conduit and RYMCO which contained
documentation supporting their contentions that they had no prior
knowledge of subject merchandise exported to the United States during
the POR, and that the products listed in the CBP data were not subject
merchandise in any case.\10\ Based on this evidence, we preliminarily
determine that Conduit and RYMCO made no shipments of subject
merchandise into the United States during the POR.
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\10\ See Conduit/RYMCO Statement of No Shipments.
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As stated above, we received a certification of no shipments of
subject merchandise from Mueller which contained documentation in
support of its contention that it had no prior knowledge of the entry
of products it had sold into the United States.\11\ Based on this
evidence, we preliminarily determine that Mueller made no shipments of
subject merchandise into the United States during the POR. Therefore,
based on the claims of no shipments by Mueller, and because the record
currently contains no information to the contrary, we preliminarily
determine that Conduit had no shipments of subject merchandise, and
therefore no reviewable transactions, during the POR.
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\11\ See Mueller Statement of No Shipments.
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Consistent with our practice, we are not rescinding this review
with respect to Conduit, RYMCO and Mueller, but we intend to complete
the review of Conduit, RYMCO and Mueller and issue appropriate
instructions to CBP based on the final results of this review. For a
complete analysis of this statement of no shipments, see the
Preliminary Decision Memorandum.\12\
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\12\ See Preliminary Decision Memorandum, at 6-8.
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Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party or parties
that requested a review withdraw the request within 90 days of the
publication date of the notice of initiation of the requested review.
As noted above, all requests for administrative review were timely
withdrawn for certain companies. Therefore, in accordance with 19 CFR
351.213(d)(1), we are rescinding this administrative review with
respect to 34 of the 37 companies named in the Initiation Notice.\13\
See Appendix II for a list of these companies.
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\13\ See Initiation Notice, 84 FR at 2160-2161.
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Disclosure and Public Comment
No calculations were performed for these preliminary results.
Interested parties may submit case briefs no later than 30 days after
the date of publication of these preliminary results of review.\14\
Rebuttal briefs may be filed no later than five days after case briefs
are due and may respond only to arguments raised in the case
briefs.\15\ 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.\16\
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\14\ See 19 CFR 351.309(c)(ii).
\15\ See 19 CFR 351.309(d).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
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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 Commerce's electronic records system, ACCESS, by
5:00 p.m. Eastern Time within 30 days after the date of publication of
this notice.\17\ 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.
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\17\ See 19 CFR 351.310(c).
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review, pursuant to section
751(a)(3)(A) of the Act.
Assessment
Upon issuing the final results, Commerce will determine, and CBP
shall assess, antidumping duties on all appropriate entries covered by
this review.\18\ In the case of changes in the methodology used in the
final results from those in these preliminary results, if the
respondent's weighted-average dumping margin is above de minimis (i.e.,
0.50 percent) in the final results of
[[Page 48909]]
this review, we intend to calculate an importer-specific assessment
rate on the basis of the ratio of the total amount of antidumping
duties calculated for the importer's examined sales and the total
entered value of the sales in accordance with 19 CFR 351.212(b)(1).\19\
If the respondent's weighted-average dumping margin is zero or de
minimis in the final results, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\20\ The final
results of this administrative review shall be the basis for the
assessment of antidumping duties on entries of merchandise under review
and for future deposits of estimated duties, where applicable.
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\18\ See 19 CFR 351.212(b)(1).
\19\ In these preliminary results, Commerce 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).
\20\ Id., 77 FR at 8102.
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In the case of no change in the methodology used in the final
results from these preliminary results, for entries of subject
merchandise during the POR produced by Conduit, Mueller, or RYMCO for
which that producer did not know its merchandise was destined for the
United States, 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.
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements for estimated antidumping duties
will be effective upon publication of the notice of final results of
this 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 rate for Conduit, Mueller,
and RYMCO, subject to this review, will be the rate established in the
final results of the review; (2) for merchandise exported by producers
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 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; (4) the cash deposit rate for all other producers or
exporters will continue to be 36.62 percent,\21\ the all-others rate
established in the less-than-fair-value investigation. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\21\ See Order.
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Notification to Importers
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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or 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.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).
Dated: September 11, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Analysis
V. Conclusion
Appendix II
Companies for Which This Administrative Review Is Being Rescinded
1. Abastecedora y Perfiles y Tubos, S.A. de C.V.
2. ArcelorMittal Tubular Products Monterrey, S.A. de C.V.
3. Arceros El Aguila y
4. Arco Metal, S.A. de C.V.
5. Burner Systems International De Mexico, S.A. de C.V.
6. fischer Mexicana Stainless Steel Tubing S.A. de C.V.
7. fischer Tubtech S.A. de C.V.
8. Fabricaciones Industriales Tumex, S.A. de C. V.
9. Forza Steel, S.A. de C.V.
10. Galvak, S.A. de C.V.
11. Impulsora Tlaxcalteca de Industrias, S.A. de C.V.
12. Industrias Monterrey S.A. de C.V.
13. La Metalica, S.A. de C.V
14. Lamina y Placa Comercial, S.A. de C.V.
15. Mach 1 Aero Servicios, S. de R.L. de C.V.
16. Mach 1 Global Services, Inc.
17. Maquilacero, S.A. de C.V.
18. Nacional de Acero, S.A. de C.V.
19. Nova Tube and Coil de Mexico, S. de R.L. de C.V.
20. Perfiles y Herrajes LM, S.A. de C.V.
21. Precitubo S.A. de C.V.
22. Productos Especializados de Acero, S.A. de C.V.
23. Productos Laminados de Monterrey, S.A. de C.V.
24. PYTCO, S.A. de C.V.
25. Regiomontana de Perfiles y Tubos, S.A. de C.V.
26. Servicios Swecomex, S.A. de C.V.
27. Talleres Acerorey, S.A. de C.V.
28. Ternium Mexico, S.A. de C.V.
29. Tubac, S.A. de C.V.
30. Tubacero S. de R.L. de C.V.
31. Tuberia Laguna, S.A. de C.V.
32. Tuberias Procarsa, S.A. de C.V.
33. Tubesa, S.A. de C.V.
34. Tubos Omega
[FR Doc. 2019-20085 Filed 9-16-19; 8:45 am]
BILLING CODE 3510-DS-P