[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54965-54968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19337]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-836]


Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary 
Results and Partial Rescission of the Antidumping Duty Administrative 
Review; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Maquilacero S.A. de C.V. (Maquilacero) and Tecnicas de 
Fluidos S.A. de C.V. (TEFLU), (collectively, Maquilacero/TEFLU) and 
Regiomontana de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa) made 
sales of light-walled rectangular pipe and tube from Mexico at less 
than normal value during the period of review August 1, 2020, through 
July 31, 2021. We are also rescinding this review for 14 companies 
where timely requests for withdrawals were filed by all parties who 
requested their review. We invite interested parties to comment on 
these preliminary results.

DATES: Applicable September 8, 2022.

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 antidumping duty order on 
light-walled rectangular pipe and tube from Mexico in the Federal 
Register.\1\ On August 2, 2021, we published a notice of opportunity to 
request an administrative review of the Order.\2\ On October 7, 2021, 
based on

[[Page 54966]]

timely requests for reviews, in accordance with 19 CFR 
351.221(c)(1)(i), we initiated an administrative review of the Order 
covering 18 companies.\3\ On October 27, 2021, we selected Maquilacero/
TEFLU and Regiopytsa for individual examination as the mandatory 
respondents in this administrative review.\4\
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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 Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 86 FR 41436 (August 2, 2021).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 55811, 55813 (October 7, 2021) 
(Initiation Notice). 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. in 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 (PDM), 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). 
The successor company, Regiomontana de Perfiles y Tubos S. de R.L. 
de C.V., 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 Initiation Notice 
included both the current and former versions of Regiopytsa's 
company name. Additionally, we collapsed Maquilacero and TEFLU in 
the 2018-19 administrative review. 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 PDM, 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). Because there is no information on the record of this 
administrative review that would lead us to revisit this 
determination, we are continuing to treat these companies as part of 
a single entity for the purposes of this administrative review.
    \4\ See Memorandum, ``Respondent Selection,'' dated October 27, 
2021.
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    For a complete description of the events that followed the 
initiation of the review, see the Preliminary Decision Memorandum.\5\ A 
list of topics included in the Preliminary Decision Memorandum is 
included in the appendix to this notice. 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results: Light-Walled Rectangular Pipe and Tube from Mexico; 2020-
2021,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order is 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 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.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Commerce received a timely-
filed withdrawal request from Nucor Tubular Products Inc. (Nucor) on 
January 5, 2022, withdrawing its request for 14 companies, pursuant to 
19 CFR 351.213(d)(1).\6\ Because the withdrawal request was timely 
filed, and no other party requested a review of these companies, in 
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this 
review of the Order with respect Aceros Cuatro Caminos S.A. de C.V.; 
Arco Metal S.A. de C.V.; Fabricaciones y Servicios de Mexico; Galvak, 
S.A. de C.V.; Grupo Estructuras y Perfiles; Industrias Monterrey S.A. 
de C.V; Internacional de Aceros, S.A. de C.V.; Nacional de Acero S.A. 
de C.V.; PEASA-Productos Especializados de Acero; Talleres Acero Rey 
S.A. de C.V.; Ternium Mexico S.A. de C.V.; Tuberias Aspe S.A de C.V.; 
Tuberia Laguna, S.A. de C.V.; and Tuberias y Derivados S.A. de C.V. 
However, Perfiles LM, S.A. de C.V. (Perfiles) and Productos Laminados 
de Monterrey S.A. de C.V. (Prolamsa) remain subject to this review.
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    \6\ See Nucor's Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated January 5, 2022.
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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 weighted-average dumping margins 
for Maquilacero/TEFLU and Regiopysta that are not zero, de minimis, or 
based entirely on total facts available. For the respondents that were 
not selected for individual examination in this administrative review, 
we have assigned to them the simple average of the margins for 
Maquilacero/TEFLU and Regiopysta, consistent with the guidance in 
section 735(c)(5)(B) of the Act.\7\
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    \7\ See Memorandum, ``Calculation of Non-Selected Rate in 
Preliminary Results,'' 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, 2020, 
through July 31, 2021, the following estimated weighted-average dumping 
margins exist:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter or producer                    dumping margin
                                                             (percent)
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Maquilacero S.A. de C.V./Tecnicas de Fluidos S.A. de C.V            3.11
Regiomontana de Perfiles y Tubos S. de R.L. de C.V......            4.47
Perfiles LM, S.A. de C.V................................            3.79
Productos Laminados de Monterrey S.A. de C.V............            3.79
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[[Page 54967]]

Disclosure

    We intend to disclose the calculations performed for these 
preliminary results to parties within five days after the date of 
publication of this notice.\8\
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    \8\ See 19 CFR 351.224(b).
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Verification

    On January 18, 2022, Nucor requested that Commerce conduct 
verification of Maquilacero/TEFLU's and Regiopytsa's responses. 
Accordingly, as provided in section 782(i)(3) of the Act, Commerce 
intends to verify the information relied upon in determining its final 
results.

Public Comment

    Interested parties will be notified of the timeline for the 
submission of such case briefs and written comments at a later date. 
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.\9\ 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.\10\ Executive summaries should be limited to five pages 
total, including footnotes.
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    \9\ See 19 CFR 351.309(d)(1).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
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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, filed electronically via 
Commerce's electronic records system, ACCESS, within 30 days of the 
date of publication of this notice.\11\ 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, time, and 
location of the hearing two days before the scheduled date.
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    \11\ See 19 CFR 351.310(c).
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    All submissions to Commerce should be filed using ACCESS.\12\ An 
electronically filed document must be received successfully in its 
entirety by ACCESS, by 5:00 p.m. Eastern Time on the date that the 
document is due. Note that Commerce has modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\13\
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    \12\ See 19 CFR 351.303.
    \13\ 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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    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 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 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). If the 
respondent has not reported entered values, we will calculate a per-
unit assessment rate for each importer by dividing the total amount of 
dumping calculated for the examined sales made to that importer by the 
total quantity associated with those transactions. To determine whether 
an importer-specific, per-unit assessment rate is de minimis, in 
accordance with 19 CFR 351.106(c)(2), we also will calculate an 
importer-specific ad valorem ratio based on estimated entered values.
    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 Maquilacero/TEFLU 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.\14\ For a full discussion of this issue, 
see the Assessment Policy Notice.\15\
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    \14\ See Order, 73 FR at 45405.
    \15\ 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 that companies 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).

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.\16\
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    \16\ See Order, 73 FR at 45405.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

[[Page 54968]]

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, 2022.
Lisa W. Wang,
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. Companies Not Selected for Individual Examination
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2022-19337 Filed 9-7-22; 8:45 am]
BILLING CODE 3510-DS-P