[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Notices]
[Pages 21829-21832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08300]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Final Results
of Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that sales of
light-walled rectangular pipe and tube (LWRPT) from Mexico were made at
less than normal value (NV) during the period August 1, 2017 through
July 31, 2018.
DATES: Applicable April 20, 2020.
FOR FURTHER INFORMATION CONTACT: Samuel Brummitt (Maquilacero) or John
[[Page 21830]]
Conniff (Regiopytsa), 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.
SUPPLEMENTARY INFORMATION:
Background
This review covers two producers or exporters of the subject
merchandise, Maquilacero S.A. de C.V. (Maquilacero) and Regiomontana de
Perfiles y Tubos S.A. de C.V. (Regiopytsa), and 16 firms that were not
selected for individual examination. Commerce published the Preliminary
Results on October 17, 2019.\1\ For events subsequent to the
Preliminary Results, see the Issues and Decision Memorandum.\2\
Commerce 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 Light-Walled Rectangular Pipe and Tube from Mexico:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2017-2018, 84 FR 55555
(October 17, 2019) (Preliminary Results) and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2017-2018 Administrative Review of the
Antidumping Duty Order on Light-Walled Rectangular Pipe and Tube
from Mexico,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Commerce extended the deadline for the final results by 60 days.
Accordingly, the deadline for the final results is now April 14,
2020.\3\
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\3\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube
from Mexico: Extension of Time Limit for Final Results of
Antidumping Duty Administrative Review; 2017-2018,'' dated January
21, 2020.
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Scope of the Order
Imports covered by the Order are shipments of 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.
For a full description of the scope of the order, see Issues and
Decision Memorandum.
Final Determination of No Shipments
In the Preliminary Results, we preliminarily found that
Fabricaciones y Servicios de Mexico (FASEMEX) had no shipments of
subject merchandise during the POR. Following the publication of the
Preliminary Results, we received no comments from interested parties
regarding FASEMEX, nor has any party submitted record evidence which
would call our preliminary determination of no shipments into question.
Therefore, for the final results, we continue to find that FASEMEX had
no shipments of subject merchandise during the POR. Accordingly,
consistent with Commerce's practice, we intend to instruct U.S. Customs
and Border Protection (CBP) to liquidate any existing entries of
merchandise produced by FASEMEX, but exported by other parties, at the
rate for the intermediate reseller, if available, or at the all-others
rate.\4\
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\4\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review 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. The Issues and
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. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the internet at http://enforcement.trade.gov/frn/index.html. The
signed Issues and Decision Memorandum and the electronic versions of
the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to each of the preliminary weighted-average dumping margins for
Maquilacero and Regiopytsa.\5\
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\5\ See Issues and Decision Memorandum at Comments 1, 6, 7, 8,
9, and 10.
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Final Results of the Review
As a result of this review, Commerce determines the following
weighted-average dumping margins exist for the mandatory respondents
Maquilacero and Regiopytsa for the period August 1, 2017 through July
31, 2018. In accordance with section 735(c)(5)(A) of the Act, Commerce
calculated a weighted-average dumping margin for the firms not selected
for individual examination using the weighted-average dumping margins
calculated for the mandatory respondents, which are not zero, de
minimis, or determined entirely on the basis of facts available.\6\
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\6\ In the case of two mandatory respondents, our practice is to
calculate: (A) A weighted average of the dumping margins calculated
for the mandatory respondents; (B) a simple average of the dumping
margins calculated for the mandatory respondents; and (C) a weighted
average of the dumping margins calculated for the mandatory
respondents using each company's publicly ranged values for the
merchandise under consideration. We compare (B) and (C) to (A) and
select the rate closest to (A) as the most appropriate rate for all
other companies. We have applied that practice here. See Memorandum,
``Antidumping Duty Administrative Review of Light-Walled Rectangular
Pipe and Tube from Mexico: Calculation of Margin for Respondents Not
Selected for Individual Examination,'' dated April 14, 2020.
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Weighted-
average
Producer and/or exporter dumping
margin
(percent)
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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..................................... 3.12
Nacional de Acero S.A. de C.V............................... 3.29
PEASA-Productos Especializados de Acero..................... 3.29
Perfiles LM, S.A. de C.V \7\................................ 3.29
Productos Laminados de Monterrey S.A. de C.V................ 3.29
Regiomontana de Perfiles y Tubos S.A. de C.V................ 3.40
Talleres Acero Rey S.A. de C.V.............................. 3.29
Ternium Mexico S.A. de C.V.................................. 3.29
[[Page 21831]]
Tuberia Laguna, S.A. de C.V................................. 3.29
Tuberias Aspe............................................... 3.29
Tuberias y Derivados S.A de C.V............................. 3.29
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Disclosure of Calculations
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\7\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Initiation and Expedited Preliminary Results of Changed
Circumstances Review, 82 FR 54322 (November 17, 2017), unchanged in
Light-Walled Rectangular Pipe and Tube from Mexico: Final Results of
Changed Circumstances Review, 83 FR 13475 (March 29, 2018)
(determining that Perfiles LM, S.A. de C.V. is the successor-in-
interest to Perfiles y Herrajes).
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We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this
proceeding, in accordance with 19 CFR 351.224(b).
Assessment Rates
Commerce shall determine and CBP shall assess antidumping duties on
all appropriate entries.\8\ For each individually examined respondent
whose weighted-average dumping margin is not zero or de minimis (i.e.,
less than 0.50 percent), we calculated 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). Upon
issuance of the final results of this administrative review, if an
importer-specific assessment rate calculated in the final results is
not zero or de minimis, Commerce will issue instructions directly to
CBP to assess antidumping duties on appropriate entries. Where either
the 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.
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\8\ In these final 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 Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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For each company which was not individually examined whose
weighted-average dumping margin is not zero or de minimis, we will
instruct CBP to assess antidumping duties at an ad valorem rate equal
to each company's weighted-average dumping margin noted above. Where a
non-examined company's weighted-average dumping margin is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
individually examined respondent for which it did not know that 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 assessment instructions directly to CBP 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 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 rate for companies noted above will be
equal to the weighted-average dumping margin 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
recently completed segment of this proceeding; (3) if the exporter is
not a firm covered in this review, a prior review, or the original
investigation, but the producer is, then the cash deposit rate will be
the rate established for the most recently completed segment of this
proceeding for the manufacturer of the subject merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 3.76 percent, the all-others rate established in the less-than-fair-
value investigation.\9\
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\9\ 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).
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the POR. Failure to comply with this
requirement could result in Commerce'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.
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 351.213(h) and
351.221(b)(5).
Dated: April 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Analysis of Comments
Comment 1: Whether Commerce Should Apply Its Normal Cost
Methodology to Maquilacero and Regiopytsa
Comment 2: Whether Section 232 Duties Should Be Deducted From
Export Price
Comment 3: Whether Downstream Sales of Auto Parts Made From
LWRPT Are Subject Merchandise
Comment 4: Whether Downstream Sales of Auto Parts Were Made at a
Different Level of Trade
Comment 5: Whether Commerce Should Use Maquilacero's Home Market
Sales to Its Affiliate in the Final Margin Calculation
Comment 6: Whether Commerce Should Correct a Clerical Error in
Its Margin Calculation for Maquilacero
Comment 7: Whether Commerce Should Apply a ``Transactions
Disregarded'' Adjustment to the Cost of Steel Coil That Maquilacero
purchased From an Affiliate
Comment 8: Whether Commerce Should Revise Maquilacero's General
and Administrative (G&A) Expense Ratio
[[Page 21832]]
Comment 9: Whether Commerce Should Adjust the Costs Maquilacero
Assigned to Non-Prime Products
Comment 10: Whether Commerce Should Correct Two Clerical Errors
in Regiopytsa's Margin Calculation
Comment 11: Whether Commerce Should Assign Perfiles the
Weighted-Average Dumping Margin It Received as a Mandatory
Respondent in the 2013-2014 Administrative Review
V. Recommendation
[FR Doc. 2020-08300 Filed 4-17-20; 8:45 am]
BILLING CODE 3510-DS-P