[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Notices]
[Page 43788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15723]



[[Page 43788]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-847]


Heavy Walled Rectangular Welded Steel Pipes and Tubes From 
Mexico: Notice of Court Decision Not in Harmony With the Results of 
Antidumping Administrative Review; Notice of Amended Final Results

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

SUMMARY: On July 6, 2022, the U.S. Court of International Trade (CIT) 
issued its final judgment in Productos Laminados de Monterrey S.A. de 
C.V. v. United States, Court No. 20-00166, sustaining the U.S. 
Department of Commerce's (Commerce) remand results pertaining to the 
administrative review of the antidumping duty (AD) order on heavy 
walled rectangular welded steel pipes and tubes (HWR pipes and tubes) 
from Mexico covering the period September 1, 2017, through August 31, 
2018. Commerce is notifying the public that the CIT's final judgment is 
not in harmony with Commerce's final results of the administrative 
review and that Commerce is amending the final results with respect to 
the dumping margin assigned to Productos Laminados de Monterrey S.A. de 
C.V. (Prolamsa).

DATES: Applicable July 16, 2022.

FOR FURTHER INFORMATION CONTACT: David Crespo, 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) 482-3693.

SUPPLEMENTARY INFORMATION:

Background

    On July 13, 2020, Commerce published its Final Results.\1\ In the 
Final Results, we rejected Prolamsa's claim that it sold HWR pipes and 
tubes in the home market (HM) at two levels of trade (LOT) and found 
that Prolamsa failed to adequately support its claims with quantitative 
evidence. We further stated that the burden was on Prolamsa to 
establish its eligibility for an LOT adjustment.\2\ For these reasons, 
we found that all sales in the HM were at a single LOT and, thus, 
denied an LOT adjustment for Prolamsa.
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    \1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from Mexico: Final Results of Antidumping Duty Administrative 
Review and Final Determination of No Shipments; 2017-2018, 85 FR 
41962 (July 13, 2020) (Final Results), and accompanying Issues and 
Decision Memorandum (IDM).
    \2\ Id. at Comment 7.
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    Prolamsa appealed Commerce's Final Results. On December 17, 2021, 
the CIT remanded the Final Results to Commerce to reconsider Commerce's 
finding that Prolamsa made HM sales at one LOT and, thus, was not 
entitled to an LOT adjustment.\3\ Specifically, the CIT held that 
Commerce's final LOT determination was based on findings that were 
either: (1) not supported by substantial evidence on the record; or (2) 
vague and conclusory.\4\ In the Final Remand, issued in April 2022, 
Commerce reconsidered the facts on the record and found that Prolamsa 
made its HM sales at two LOTs.\5\ On July 6, 2022, the CIT sustained 
Commerce's Final Remand.\6\
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    \3\ See Productos Laminados de Monterrey S.A. de C.V. v. United 
States, 554 F. Supp. 3d 1355 (CIT 2021).
    \4\ Id.
    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, Productos Laminados de Monterrey S.A. de C.V. v. United 
States, 554 F. Supp. 3d 1355 (CIT 2021), dated April 7, 2022 (Final 
Remand).
    \6\ See Productos Laminados de Monterrey S.A. de C.V. v. United 
States, Ct. No. 20-00166, Slip Op. 22-77 (CIT July 6, 2022).
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Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
the U.S. Court of Appeals for the Federal Circuit held that, pursuant 
to section 516A(c) and (e) of the Act, Commerce must publish a notice 
of court decision that is not ``in harmony'' with a Commerce 
determination and suspend liquidation of entries pending a 
``conclusive'' court decision. The CIT's July 6, 2022, judgment 
constitutes a final decision of the CIT that is not in harmony with 
Commerce's Final Results. Thus, this notice is published in fulfillment 
of the publication requirements of Timken.
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    \7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \8\ See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d 
1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court judgment, Commerce is amending 
its Final Results with respect to Prolamsa as follows:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Producer/exporter                          margin
                                                            (percent)
------------------------------------------------------------------------
Productos Laminados de Monterrey S.A. de C.V...........            0.89
------------------------------------------------------------------------

Cash Deposit Requirements

    Because Prolamsa has a superseding cash deposit rate, i.e., there 
have been final results published in a subsequent administrative 
review, we will not issue revised cash deposit instructions to U.S. 
Customs and Border Protection (CBP). This notice will not affect the 
current cash deposit rate.

Liquidation of Suspended Entries

    At this time, Commerce remains enjoined by CIT order from 
liquidating entries that were produced and/or exported by Prolamsa and 
were entered, or withdrawn from warehouse, for consumption during the 
period September 1, 2017, through August 31, 2018. These entries will 
remain enjoined pursuant to the terms of the injunction during the 
pendency of any appeals process.
    In the event that the CIT's ruling is not appealed, or, if 
appealed, upheld by a final and conclusive court decision, Commerce 
intends to instruct CBP to assess antidumping duties on unliquidated 
entries of subject merchandise produced and/or exported by Prolamsa in 
accordance with 19 CFR 351.212(b). We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific ad valorem assessment rate is not zero or de 
minimis. Where an importer-specific ad valorem assessment rate is zero 
or de minimis,\9\ we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.
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    \9\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: July 18, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-15723 Filed 7-21-22; 8:45 am]
BILLING CODE 3510-DS-P