[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33646-33648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13550]
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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; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that light-
walled rectangular pipe and tube from Mexico was sold in the United
States at less than normal value during the period of review (POR)
August 1, 2018, through July 31, 2019.
DATES: Applicable June 25, 2021.
FOR FURTHER INFORMATION CONTACT: Kyle Clahane 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) 482-5449 or (202) 482-1009,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 23, 2020, Commerce published the Preliminary
Results.\1\ On March 31, 2021, Commerce extended the deadline for these
final results.\2\ For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\3\
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\1\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review; 2018-2019, 85 FR 83886 (December 23, 2020)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube
from Mexico: Extension of Deadline for the Final Results of
Antidumping Duty Administrative Review; 2018-2019,'' dated March 31,
2021.
\3\ See Memorandum, ``Issues and Decision Memorandum for Light-
Walled Rectangular Pipe and Tube from Mexico: Final Results and
Partial Rescission of Antidumping Duty Administrative Review; 2018-
2019,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Scope of the Order
The products covered by this order are light-walled rectangular
pipe and tube from Mexico. For a full description of the scope, see the
Issues and Decision Memorandum.\4\
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\4\ Id.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed in
the Issues and Decision Memorandum is provided in the appendix to this
notice. 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 at http://enforcement.trade.gov/frn/.
Changes Since the Preliminary Results
Based on the comments received, we made changes for these final
results which are explained in the Issues and Decision Memorandum.\5\
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\5\ Id.
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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 S.A. de C.V. (Maquilacero) and Regiomontana de Perfiles y
Tubos S. de R.L. de C.V. (Regiopytsa), for the period August 1, 2018,
through July 31, 2019. In accordance with section 735(c)(5)(A) of the
Tariff Act of 1930, as amended (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. See Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Final Results of Antidumping Duty
Administrative Review; 2014-2016, 82 FR 31555, 31556 (July 7, 2017).
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 concurrently with this notice.
[[Page 33647]]
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Weighted-average
Exporter/producer dumping margin
(percent)
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Maquilacero S.A. de C.V. and Tecnicas de Fluidos 4.23
S.A. de C.V........................................
Regiomontana de Perfiles y Tubos S. de R.L. de C.V. 5.44
(formerly Regiomontana de Perfiles y Tubos S.A. de
C.V.) \7\..........................................
Aceros Cuatro Caminos S.A. de C.V................... 4.92
Fabricaciones y Servicios de Mexico................. 4.92
Grupo Estructuras y Perfiles........................ 4.92
Perfiles LM, S.A. de C.V............................ 4.92
Productos Laminados de Monterrey S.A. de C.V........ 4.92
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Disclosure of Calculations
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\7\ In the Preliminary Results, we preliminarily determined that
Regiomontana de Perfiles y Tubos S. de R.L. de C.V. to be successor-
in-interest to Regiomontana de Perfiles y Tubos S.A. de C.V. We did
not receive comments from interested parties on this finding.
Accordingly, we continue to determine that it is the successor-in-
interest. For additional information on Commerce's analysis
regarding the successor-in-interest finding. See Preliminary Results
PDM at 6.
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We intend to disclose the calculations performed in connection with
these final results to parties in this proceeding within five days
after the date of publication of this notice, in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protections (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. 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
each importer's examined sales and the total entered value of the sales
in accordance with 19 CFR 351.212(b)(1).
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.
For entries of subject merchandise during the POR produced by each
respondent for which it did not know its merchandise was destined for
the United States, we will instruct CBP to liquidate such entries at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
Commerce intends to issue assessment instructions to CBP no earlier
than 41 days after the date of publication of the final results of this
review in the Federal Register, in accordance with 19 CFR 356.8(a).
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 the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication, as provided by
section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the
companies listed above will be the rate 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
less-than-fair-value (LTFV) 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 subject
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 3.76 percent, the all-others rate
established in the LTFV investigation.\8\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\8\ 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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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 POR. Failure to comply with this
requirement could result in the Commerce's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a final 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 351.221(b)(5)
and 19 CFR 351.213(h).
Dated: June 21, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Successor-in-Interest
V. Analysis of Comments
Comment 1: Whether Commerce Should Revise the Model Match
Criteria
[[Page 33648]]
Comment 2: Whether Commerce Should Adjust Maquilacero's Costs
for Non-Prime Products
Comment 3: Whether Commerce Should Use Average Net Price to
Value Maquilacero's Non-Prime Product
Comment 4: Whether Commerce Should Adjust the Selling, General,
and Administrative (SG&A) Cost Calculation Maquilacero Provided for
Tecnicas de Fluidos S.A. de C.V. (TEFLU)
Comment 5: Whether Commerce Should Revise Its Adjustment to
Maquilacero's Costs for Coil Obtained From Affiliated Parties
Comment 6: Whether Commerce Should Recalculate the Adjustment to
Maquilacero's Scrap Offset
Comment 7: Whether Commerce Should Adjust TEFLU's Further
Processing Costs
Comment 8: Whether Maquilacero's and TEFLU's Sales Were Made at
the Same Level of Trade
Comment 9: Whether Commerce Should Collapse Maquilacero and
TEFLU
Comment 10: Whether Commerce Should Make Certain Changes to
Maquilacero's SAS Programs
Comment 11: Whether Commerce Should Assign Perfiles the
Weighted-Average Dumping Margin It Received as a Mandatory
Respondent in the 2013-2014 Administrative Review
VI. Recommendation
[FR Doc. 2021-13550 Filed 6-24-21; 8:45 am]
BILLING CODE 3510-DS-P