[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15665-15667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05209]


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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; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
sales of light-walled rectangular pipe and tube (LWRPT) from Mexico 
were made at less than normal value during the period of review (POR), 
August 1, 2020, through July 31, 2021.

DATES: Applicable March 14, 2023.

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 or (202) 482-5449, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On September 8, 2022, Commerce published the Preliminary Results 
for this review in the Federal Register and invited interested parties 
to comment on those results.\1\ From November 15 to December 29, 2022, 
interested parties submitted case and rebuttal briefs.\2\ For

[[Page 15666]]

a complete summary of events that have occurred since Commerce 
published the Preliminary Results, as well as a full discussion of the 
issues raised by parties for these final results, see the Issues and 
Decision Memorandum.\3\ Commerce conducted this review in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Light-Walled Rectangular Pipe and Tube from Mexico: 
Preliminary Results and Partial Rescission of the Antidumping Duty 
Administrative Review; 2020-2021, 87 FR 54965 (September 8, 2022) 
(Preliminary Results) and accompanying Preliminary Decision 
Memorandum.
    \2\ See Nucor Tubular Products Inc. (Nucor)'s Letter, ``Nucor 
Tubular Case Brief,'' dated November 15, 2022; see also Regiomontana 
de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa)'s Letter, ``Case 
Brief;'' dated November 15, 2022; Perfiles LM, S.A. de C.V.'s 
Letter, ``Case Brief of Perfiles LM;'' dated November 15, 2022; 
Regiopytsa's Letter, ``Rebuttal Brief,'' dated November 22, 2022; 
Nucor's Letter, ``Nucor's Tubular's Rebuttal Brief Resubmission,'' 
dated December 29, 2022; and Maquilacero S.A. de C.V. and Tecnicas 
de Fluidos S.A. de C.V. (collectively, Maquilacero/TEFLU)'s Letter, 
``Resubmission of Maquilacero S.A. de C.V.'s Case and Rebuttal 
Briefs;'' dated December 29, 2022.
    \3\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube 
from Mexico: Issues and Decision Memorandum for the Final Results of 
Antidumping Duty Administrative Review; 2020-2021,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order 4
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    \4\ 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).
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    The products covered by the Order are LWRPT from Mexico. For a 
complete description of the scope, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum.\5\ A list of the issues that 
parties raised and to which we responded in the Issues and Decision 
Memorandum is attached in an 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Issues and Decision Memorandum.
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the preliminary weighted-average dumping margins calculated 
for Maquilacero/TEFLU, and Regiopytsa. For a detailed discussion of 
these changes, see the Issues and Decision Memorandum.\6\
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    \6\ Id.
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Rates for Companies Not Selected for Individual Examination

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to individual companies not 
selected for examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides for calculating the all-others rate in an investigation, for 
guidance when calculating the rate for companies which Commerce did not 
examine in an administrative review. 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 rates 
that are zero, de minimis (i.e., less than 0.5 percent), or determined 
entirely on the basis of facts available.
    For these final results of review, we calculated a weighted-average 
dumping margin for both respondents, Maquilacero/TEFLU and Regiopytsa. 
Consistent with section 735(c)(5)(A) of the Act, we determined the 
weighted-average dumping margin for each of the non-selected companies 
based on the weighted-average dumping margins calculated for the 
mandatory respondents.\7\
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    \7\ See Memorandum, ``Final Results of the Antidumping Duty 
Administrative Review of Light-Walled Rectangular Pipe and Tube from 
Mexico: Calculation of the Rate for Non-Selected Respondents,'' 
dated concurrently with this notice.
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Final Results of Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period August 1, 2020, through July 31, 2021:

------------------------------------------------------------------------
                                                       Weighted-average
                Producer or exporter                    dumping margin
                                                           (percent)
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Maquilacero S.A. de C.V./Tecnicas de Fluidos S.A. de                9.20
 C.V................................................
Regiomontana de Perfiles y Tubos S. de R.L. de C.V..                1.56
Perfiles LM, S.A. de C.V............................                5.38
Productos Laminados de Monterrey S.A. de C.V........                5.38
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results to interested parties in this review under administrative 
protective order within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review. In accordance with 19 CFR 
351.212(b)(1), for Maquilacero/TEFLU and Regiopytsa, the mandatory 
respondents, Commerce calculated importer-specific ad valorem 
antidumping duty assessment rates based on the ratio of the total 
amount of dumping calculated for each importer's examined sales to the 
total entered value of those same sales. Where either 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.
    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR for which the examined companies did 
not know that the merchandise they sold to an intermediary (e.g., a 
reseller, trading company, or exporter) was destined for the United 
States. In such instances, 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.
    The assessment rate for antidumping duties for each of the 
companies not selected for individual examination will be equal to the 
weighted-average dumping margin identified above in the ``Final Results 
of Review'' section.
    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results

[[Page 15667]]

of this review and for future deposits of estimated duties, where 
applicable.\8\
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    \8\ See section 751(a)(2)(C) of the Act.
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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).

Cash Deposit Requirements

    The following cash 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 rates for the companies 
identified above in the ``Final Results of Review'' will be equal to 
the company-specific weighted-average dumping margin established in the 
final results of this administrative review; (2) for merchandise 
exported by a company not covered in this administrative review but 
covered in a completed 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 or completed prior 
segment of this proceeding but the producer is, the cash deposit rate 
will be the company-specific 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 producers or 
exporters will continue to be 3.76 percent, the rate established in the 
investigation of this proceeding.\9\
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    \9\ 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 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 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 order (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 or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
the term 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)(1).

    Dated: March 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
    Comment 1: Whether Maquilacero and TEFLU Should Continue to be 
Collapsed
    Comment 2: Whether Products Sold by TEFLU are In-Scope 
Merchandise
    Comment 3: Whether Commerce Should Use Unverified Maquilacero/
TEFLU Information
    Comment 4: Whether Commerce Should Modify its Treatment of 
Certain TEFLU IMMEX Sales
    Comment 5: Whether Commerce Should Modify the Product Comparison 
Methodology SAS Programming
    Comment 6: Whether Commerce Must Adjust its Differential Pricing 
Analysis for Maquilacero/TEFLU
    Comment 7: Whether to Reallocate Costs for Prime and Non-Prime 
Products
    Comment 8: Whether Commerce Should Combine Maquilacero and 
TEFLU's Home Market Sales
    Comment 9: Whether to Implement Certain Corrections to TEFLU's 
IMMEX Sales
    Comment 10: Whether to Correct the Application of Maquilacero/
TEFLU's Transactions Disregarded Adjustment
    Comment 11: Whether to Assign a Value for U.S. Sales Where No 
Importer is Reported
    Comment 12: Whether to Include Abinsa's Late Payment Charges 
Revenue
    Comment 13: Whether to Modify the Treatment of Certain Agent-
Related Expenses
    Comment 14: Whether to Allow Maquilacero's Packing Adjustment
    Comment 15: Whether Commerce Should Use Regiopytsa's Quarterly 
Cost Periods
    Comment 16: Whether Commerce Should Use a Different General and 
Administrative Expense Ratio for Regiopytsa
    Comment 17: Whether Commerce Should Modify Regiopytsa's Net 
Financial Expense Ratio
    Comment 18: Whether Commerce Should Rely on a Different 
Methodology for Assigning a Weighted-Average Dumping Margin to 
Perfiles
VI. Recommendation

[FR Doc. 2023-05209 Filed 3-13-23; 8:45 am]
BILLING CODE 3510-DS-P