[Federal Register Volume 86, Number 194 (Tuesday, October 12, 2021)]
[Notices]
[Pages 56689-56690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22114]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-847]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
Mexico: Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that the producers/exporters of heavy walled rectangular welded carbon 
steel pipes and tubes (HWR pipes and tubes) from Mexico subject to this 
administrative review made sales of subject merchandise at less than 
normal value (NV) during the period of review (POR) September 1, 2019, 
through August 31, 2020. We invite all interested parties to comment on 
these preliminary results.

DATES: Applicable October 12, 2021.

FOR FURTHER INFORMATION CONTACT: David Goldberger or William Miller, 
AD/CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4136 or (202) 
482-3906, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 30, 2020, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review of HWR pipes and tubes from Mexico.\1\ This review covers 11 
producers and exporters of the subject merchandise. Commerce selected 
two companies, Maquilacero S.A. de C.V. (Maquilacero) and Productos 
Laminados de Monterrey S.A. de C.V. (Prolamsa), for individual 
examination. The producers and/or exporters not selected for individual 
examination are listed in the ``Preliminary Results of the Review'' 
section of this notice.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 68840 (October 30, 2020).
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    On May 5, 2021, pursuant to section 751(a)(3)(A) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.213(h)(2), Commerce 
extended the time limit for issuing the preliminary results of this 
administrative review to September 30, 2021.\2\
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    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of the 2019-2020 Antidumping Duty Administrative Review,'' 
dated May 5, 2021.
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Scope of the Order 3
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    \3\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Korea, Mexico, and the Republic of 
Turkey: Antidumping Duty Orders, 81 FR 62865, 62867 (September 13, 
2016) (Order).
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    The products covered by the Order are heavy walled rectangular 
welded steel pipes and tubes from Mexico.\4\ Products subject to the 
Order are currently classified under the Harmonized Tariff Schedule of 
the United States (HTSUS) item number 7306.61.1000. Subject merchandise 
may also be classified under 7306.61.3000. Although the HTSUS 
subheading and ASTM specification are provided for convenience and for 
customs purposes, the written product description remains dispositive.
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    \4\ For a complete description of the scope of the Order, see 
Memorandum, ``Decision Memorandum for the Preliminary Results of the 
2019-2020 Administrative Review of the Antidumping Duty Order on 
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from 
Mexico,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. On January 
28, 2021, Nucor Tubular Products Inc. (Nucor), timely withdrew its 
requests for an administrative review on the following nine companies: 
Arco Metal S.A. de C.V.; Forza Steel S.A. de C.V; Industrias Monterrey, 
S.A. de C.V.; Perfiles y Herrajes LM S.A. de C.V.; PYTCO S.A. de C.V.; 
Regiomontana de Perfiles y Tubos S.A. de C.V.; Ternium S.A. de C.V.; 
Tuberia Nacional S.A de C.V.; and Tuberias Procarsa S.A. de C.V. No 
other party requested a review of these nine companies. Accordingly, we 
are rescinding this review, in part, with respect to these companies, 
pursuant to 19 CFR 351.213(d)(1).

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Act. Export price and constructed export 
price are calculated in accordance with section 772 of the Act. NV is 
calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. 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 the topics discussed in 
the Preliminary Decision Memorandum is attached as an appendix to this 
notice.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margins exist for the period 
September 1, 2019, through August 31, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                     Producers/exporters                        dumping
                                                                margin
                                                               (percent)
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Maquilacero S.A. de C.V.....................................        0.74
Productos Laminados de Monterrey S.A. de C.V................        1.33
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\5\ Interested 
parties may submit case briefs or other written comments to Commerce no 
later than 30 days after the date of publication of this notice.\6\ 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed no later than seven days after the deadline for filing

[[Page 56690]]

case briefs.\7\ 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.\8\ Case and rebuttal briefs should be filed using 
ACCESS.\9\
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    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c).
    \7\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See 19 CFR 351.303.
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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, U.S. Department of Commerce, 
filed electronically via ACCESS within 30 days after the date of 
publication of this notice.\10\ Hearing 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. Oral 
presentations at the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing.\11\
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    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
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    An electronically-filed document must be received successfully in 
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established 
deadline.
    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, unless otherwise extended.\12\
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    \12\ See section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries.\13\
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    \13\ See 19 CFR 351.212(b).
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    Pursuant to 19 CFR 351.212(b)(1), where Maquilacero and Prolamsa 
reported the entered value of their U.S. sales, we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the 
total amount of dumping calculated for the examined sales to the total 
entered value of the sales for which entered value was reported. Where 
Prolamsa did not report entered value, we calculated the entered value 
in order to determine the assessment rate. Where either the 
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.
    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by Maquilacero or 
Prolamsa for which the reviewed companies did not know that the 
merchandise they sold to the intermediary (e.g., a reseller, trading 
company, or exporter) was destined for the United States. In such 
instances, 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.\14\
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    \14\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    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). If 
a timely summons is filed at the U.S. Court of International Trade, the 
assessment instructions will direct CBP not to liquidate relevant 
entries until the time for parties to file a request for a statutory 
injunction has expired (i.e., within 90 days of publication).
    For the companies for which we have rescinded this administrative 
review, antidumping duties shall be assessed at rates equal to the cash 
deposit of estimated antidumping duties required at the time of entry, 
or withdrawal from warehouse, for consumption, in accordance with 19 
CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment 
instructions directly to CBP no earlier than 41 days after the date of 
publication of this notice in the Federal Register.

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 the companies 
listed above will be equal to the weighted-average dumping margin 
established in the final results of this 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 rate will be zero; 
(2) for previously reviewed or investigated companies not covered in 
this review, the cash deposit rate will continue to be the company-
specific cash deposit rate published for the most recently completed 
segment in which the company was reviewed; (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, then the cash 
deposit rate will be the cash deposit 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 4.91 percent, the all-others rate 
established in the LTFV investigation.\15\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \15\ See Order.
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Notification to Importers

    This notice also serves as a preliminary 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 this review period. 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.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: September 30, 2021.
Christian Marsh,
Acting 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2021-22114 Filed 10-8-21; 8:45 am]
BILLING CODE 3510-DS-P