[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50025-50027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19320]


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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; 2019-2020

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 (AD) order on light-
walled rectangular pipe and tube from Mexico, covering the period 
August 1, 2019, through July 31, 2020. We preliminarily find that 
Regiomontana de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa) and 
Perfiles LM, S.A. de C.V. (Perfiles) made sales of subject merchandise 
at less than normal value (NV) during the period of review (POR). We 
invite interested parties to comment on these preliminary results.

DATES: Applicable September 7, 2021.

FOR FURTHER INFORMATION CONTACT: John Conniff or Kyle Clahane, 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) 482-1009 and (202) 482-5449, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 5, 2008, Commerce published the Order in the Federal 
Register.\1\ On October 6, 2020, Commerce published in the Federal 
Register a notice of initiation listing the firms for which timely 
requests were submitted for an administrative review of 18 
companies.\2\ On December 3, 2020, we selected Perfiles and Regiopytsa 
for individual examination as the mandatory respondents in this 
administrative review.\3\ On January 19, 2021, we rescinded the review 
for 12 companies included in the Initiation Notice.\4\ On April 13, 
2021, we extended the deadline for the preliminary results to August 
31, 2021.\5\
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    \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, 85 FR 63081 (October 6, 2020) (Initiation 
Notice). The Initiation Notice listed 18 companies and 19 company 
names since it included both the current and former versions of 
Regiopytsa's company name.
    \3\ See Memorandum, ``2019-2020 Antidumping Duty Administrative 
Review of Light-Walled Rectangular Pipe and Tube from Mexico: 
Respondent Selection Memorandum,'' dated December 3, 2020 at 1.
    \4\ See Light-Walled Rectangular Pipe and Tube from Mexico: 
Partial Rescission of Antidumping Duty Administrative Review: 2019-
2020, 86 FR 5135 (January 19, 2021).
    \5\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube 
from Mexico: Extension of Deadline for the Preliminary Results of 
Antidumping Duty Administrative Review; 2019-2020,'' dated April 13, 
2021.
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    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. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. A list of 
topics included in the Preliminary Decision Memorandum is included in 
the Appendix to this notice.
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results: Light-Walled Rectangular Pipe and Tube from Mexico; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by the scope of the order are certain light-
walled rectangular pipe and tube from Mexico. For a complete 
description of the scope, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(2) of

[[Page 50026]]

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.

Rate for Non-Selected Companies

    For the rate for companies not selected for individual examination 
in an administrative review, generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in a less-than-fair-value (LTFV) investigation. Under 
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an 
amount equal to the weighted average of the estimated weighted-average 
dumping margins established for exporters and producers individually 
investigated, excluding any zero or de minimis margins, and any margins 
determined entirely {on the basis of facts available{time} .'' In this 
administrative review, we calculated a weighted-average dumping margin 
each for Perfiles and Regiopytsa that is not zero, de minimis, or based 
on total facts available. The weighted-average dumping margin 
calculated for the non-selected companies is an average of the 
weighted-average dumping margins of the two mandatory respondents 
weighted by the publicly ranged U.S. sales values of the mandatory 
respondents.\7\
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    \7\ See Memorandum, ``Calculation of the Rate for Non-Selected 
Respondents,'' dated concurrently with this notice; see also Ball 
Bearings and Parts Thereof from France, Germany, Italy, Japan, and 
the United Kingdom: Final Results of Antidumping Duty Administrative 
Reviews, Final Results of Changed-Circumstances Review, and 
Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 
2010).
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Preliminary Results of Review

    We preliminarily determine that, for the period August 1, 2019, 
through July 31, 2020, the following weighted-average dumping margins 
exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Perfiles LM, S.A. de C.V....................................        0.78
Regiomontana de Perfiles y Tubos S. de R.L. de C.V \8\......        1.05
Maquilacero S.A. de C.V.....................................        0.98
Nacional de Acero S.A. de C.V...............................        0.98
Productos Laminados de Monterrey S.A. de C.V................        0.98
Ternium Mexico S.A. de C.V..................................        0.98
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to parties within five days after the date of 
publication of this notice.\9\
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    \8\ 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), 
and accompanying Preliminary Decision Memorandum at 6, unchanged in 
Light-Walled Rectangular Pipe and Tube from Mexico: Final Results of 
Antidumping Duty Administrative Review; 2018-2019, 86 FR 33646 (June 
25, 2021), where Commerce determined that Regiomontana de Perfiles y 
Tubos S. de R.L. de C.V. is the successor-in-interest to 
Regiomontana de Perfiles y Tubos S.A. de C.V. The successor is 
merely a revision of the type of incorporation under Mexican law 
that did not impact the company's ownership, management, or 
operations. For the current review, the petitioner's review request 
included both the current and former versions of Regiopytsa's 
company name.
    \9\ See 19 CFR 351.224(b).
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    Commerce will announce the briefing schedule to interested parties 
at a later date. Interested parties may submit case briefs on the 
deadline that Commerce will announce. Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than seven 
days after the date for filing case briefs.\10\ 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.\11\ Executive summaries 
should be limited to five pages total, including footnotes.
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    \10\ See 19 CFR 351.309(d)(1).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
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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.\12\ 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, Commerce intends to hold the hearing 
at a time and date to be determined. Parties should confirm by 
telephone the date and time of the hearing two days before the 
scheduled date.
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    \12\ See 19 CFR 351.310(c).
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    All submissions, including case and rebuttal briefs or requests for 
a hearing, should be filed using ACCESS \13\ and must be served on 
interested parties.\14\ An electronically-filed document must be 
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Time on the established deadline.\15\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\16\
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    \13\ See 19 CFR 351.303 (for general filing requirements).
    \14\ See 19 CFR 351.303(f).
    \15\ See 19 CFR 351.303(b)(1).
    \16\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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Final Results of Review

    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

    Upon completion of the administrative review, pursuant to section 
751(a)(2)(A) of the Act, Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, antidumping duties on all 
appropriate entries of subject merchandise in accordance with the final 
results of this review.
    For individually examined respondents whose calculated weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.50 
percent), we will calculate importer-specific ad valorem duty 
assessment rates based on

[[Page 50027]]

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). 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 assessment 
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.
    Regarding entries of subject merchandise during the period of 
review that were produced by Perfiles and Regiopytsa and for which they 
did not know that the merchandise was destined for the United States, 
we will instruct CBP to liquidate such entries at the all-others rate 
of 3.76 percent, as established in the LTFV investigation, if there is 
no rate for the intermediate company(ies) involved in the 
transaction.\17\ For a full discussion of this matter, see Assessment 
Policy Notice.\18\
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    \17\ See Order, 73 FR at 45405.
    \18\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
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    For those companies which were not individually examined, we will 
instruct CBP to assess antidumping duties at an ad valorem rate equal 
to each company's weighted-average dumping margin as determined in the 
final results of this review.
    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). 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.

Cash Deposit Requirements

    The following deposit requirements will be effective 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, 
except if the rate is less than 0.50 percent and, therefore, de minimis 
within the meaning of 19 CFR 351.106(c)(1), in which case the cash 
deposit rates will be zero; (2) for companies not participating in this 
review, the cash deposit rate will continue to be the company-specific 
rate published for the most recently completed segment of this 
proceeding in which the producer or exporter participated; (3) if the 
exporter is not a firm covered in this review, a prior review, or the 
original 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 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.\19\
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    \19\ See Order, 73 FR at 45405.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also 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 review period. Failure to comply 
with this requirement could result in the Commerce'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: August 31, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual Examination
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2021-19320 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-DS-P