[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Notices]
[Pages 55555-55557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22667]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-836]


Light-Walled Rectangular Pipe and Tube from Mexico: Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that producers and/or exporters subject to this administrative review 
made sales of subject merchandise at less than normal value (NV) during 
the August 1, 2017 through July 31, 2018 period of review (POR). 
Interested parties are invited to comment on these preliminary results 
of review.

DATES: Applicable October 17, 2019.

FOR FURTHER INFORMATION CONTACT: Samuel Brummitt or John Conniff, AD/
CVD Operations, Office III, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-7851 or (202) 
482-1009, respectively.

[[Page 55556]]


SUPPLEMENTARY INFORMATION:

Background

    On October 4, 2018, Commerce published in the Federal Register a 
notice of the initiation of the administrative review of the 
antidumping duty (AD) order \1\ on light-walled rectangular pipe and 
tube from Mexico for 19 companies.\2\
---------------------------------------------------------------------------

    \1\ 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).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 50077 (October 4, 2018) (Initiation 
Notice).
---------------------------------------------------------------------------

    On November 5, 2018, we received a timely filed certification of no 
shipments of subject merchandise from Fabricaciones y Servicios de 
Mexico (FASEMEX).\3\ 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 28, 
2019.\4\ On April 10, 2019, we further extended the time limit for 
completion of the preliminary results of the review to no later than 
October 10, 2019.\5\
---------------------------------------------------------------------------

    \3\ See FASEMEX's Letter, ``Case No.: A-201-836--Light-Walled 
Rectangular Pipe and Tube,'' dated November 5, 2018 (FASEMEX No 
Shipments Letter).
    \4\ 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.
    \5\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube 
from Mexico: Extension of Time Limit for Preliminary Results of 
Antidumping Duty Administrative Review; 2017-2018,'' dated April 10, 
2019.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of the review, see the Preliminary Decision Memorandum.\6\ 
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 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. A list of 
topics included in the Preliminary Decision Memorandum is included in 
the Appendix to this notice.
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Light-Walled 
Rectangular Pipe and Tube from Mexico; 2017-2018,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

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.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price 
was calculated in accordance with section 772 of the Act. Normal value 
was calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    Prior to the issuance of the questionnaire, FASEMEX reported that 
it made no sales of subject merchandise during the POR.\7\ On November 
9, 2018, we placed the U.S. Customs and Border Protection (CBP) inquiry 
instructions on the record that we sent to CBP regarding FASEMEX's 
statement of no shipments.\8\ We received no information from CBP 
contrary to the statements of no shipments from FASEMEX. Consistent 
with our practice,\9\ we are not preliminarily rescinding the review 
with respect to FASEMEX. Rather, we will complete the review for 
FASEMEX and issue appropriate instructions to CBP based on the final 
results of this review.
---------------------------------------------------------------------------

    \7\ See FASEMEX No Shipments Letter.
    \8\ See Memorandum, ``Light-walled rectangular pipe and tube 
from Mexico (A-201-836),'' dated November 9, 2018.
    \9\ [thinsp]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 51306 (August 28, 2014).
---------------------------------------------------------------------------

Preliminary Results of Review

    We preliminarily determine that, for the period August 1, 2017 
through July 31, 2018, the following weighted-average dumping margins 
exist:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                          margin
                                                              (percent)
------------------------------------------------------------------------
Aceros Cuatro Caminos S.A. de C.V..........................         3.29
Arco Metal S.A. de C.V.....................................         3.29
Galvak, S.A. de C.V........................................         3.29
Grupo Estructuras y Perfiles...............................         3.29
Hylsa S.A. de C.V..........................................         3.29
Industrias Monterrey S.A. de C.V...........................         3.29
International de Aceros, S.A. de C.V.......................         3.29
Maquilacero S.A. de C.V....................................         2.48
Nacional de Acero S.A. de C.V..............................         3.29
PEASA-Productos Especializados de Acero....................         3.29
Perfiles LM, S.A. de C.V. \10\.............................         3.29
Productos Laminados de Monterrey S.A. de C.V...............         3.29
Regiomontana de Perfiles y Tubos S.A. de C.V...............         3.80
Talleres Acero Rey S.A. de C.V.............................         3.29
Ternium Mexico S.A. de C.V.................................         3.29
Tuberia Laguna, S.A. de C.V................................         3.29
Tuberias Aspe..............................................         3.29
Tuberias y Derivados S.A de C.V............................         3.29
------------------------------------------------------------------------

Disclosure and Public Comment
---------------------------------------------------------------------------

    \10\ See Light-Walled Rectangular Pipe and Tube from Mexico: 
Initiation and Expedited Preliminary Results of Changed 
Circumstances Review, 82 FR 54322 (November 17, 2017) and 
accompanying Preliminary Decision Memorandum, unchanged in Light-
Walled Rectangular Pipe and Tube from Mexico: Final Results of 
Changed Circumstances Review, 83 FR 13475 (March 29, 2018) (Commerce 
determined that Perfiles LM, S.A. de C.V. is the successor-in-
interest to Perfiles y Herrajes).
---------------------------------------------------------------------------

    We will disclose to parties to the proceeding any calculations 
performed

[[Page 55557]]

in connection with these preliminary results of review within five days 
after the date of publication of this notice.\11\ Interested parties 
may submit case briefs not later than 30 days after the date of 
publication of this notice in the Federal Register.\12\ 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.\13\ Parties 
who submit case 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.\14\ Case and 
rebuttal briefs should be filed using ACCESS.\15\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.224(b).
    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d)(1).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    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.\16\ 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, we intend 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.\17\ Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case and rebuttal 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

    For any individually examined respondents 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).\18\ We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific assessment rate calculated in the 
final results of this review is not zero or de minimis. If a 
respondent's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties. The final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by this review 
where applicable.
---------------------------------------------------------------------------

    \18\ In these preliminary results, Commerce applied the 
assessment rate calculation methodology adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    Regarding entries of subject merchandise during the period of 
review that were produced by Maquilacero and Regiopytsa 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, if there is no rate for the intermediate 
company(ies) involved in the transaction.\19\ For a full discussion of 
this matter, see Assessment Policy Notice.\20\
---------------------------------------------------------------------------

    \19\ See Order, 73 FR at 45405.
    \20\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
---------------------------------------------------------------------------

    In accordance with 19 CFR 356.8, we intend to issue liquidation 
instructions to CBP on or after 41 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 each specific 
company listed above 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 and 19 CFR 351.221(b)(4).

    Dated: October 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

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

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2019-22667 Filed 10-16-19; 8:45 am]
 BILLING CODE 3510-DS-P