[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Pages 30723-30725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10213]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-836]


Light-Walled Rectangular Pipe and Tube From Mexico: Amended 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) is amending the 
final results of the administrative review of the antidumping duty 
order on light-walled rectangular pipe and tube (LWRPT) from Mexico to 
correct certain ministerial errors. The period of review is August 1, 
2020, through July 31, 2021.

DATES: Applicable May 12, 2023.

FOR FURTHER INFORMATION CONTACT: John Conniff, 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.

SUPPLEMENTARY INFORMATION:

Background

    On March 14, 2023, Commerce published the Final Results of the 
2020-2021 administrative review of LWRPT from Mexico.\1\ Additionally, 
on March 13, 2023, Commerce informed interested parties that it had 
disclosed all calculations for the Final Results, and provided them 
with the opportunity to submit ministerial error comments.\2\ 
Subsequently, on March 20, 2023, Commerce received a timely filed 
allegation from Regiomontana de Perfiles y Tubos S. de R.L. de C.V. 
(Regiopytsa) regarding the calculation of its final weighted-average 
dumping margin.\3\ No other interested party submitted comments.
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    \1\ See Light-Walled Rectangular Pipe and Tube from Mexico: 
Final Results of Antidumping Duty Administrative Review; 2020-2021, 
88 FR 15665 (March 14, 2023) (Final Results), and accompanying 
Issues and Decision Memorandum.
    \2\ See Memorandum, ``Deadline for Ministerial Error Comments,'' 
dated March 13, 2023.
    \3\ See Regiopytsa's Letter, ``Ministerial Error Comments,'' 
dated March 20, 2023.

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[[Page 30724]]

Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended (the Act) and 
19 CFR 351.224(f) define a ``ministerial error'' as including ``errors 
in addition, subtraction, or other arithmetic function, clerical errors 
resulting from inaccurate copying, duplication, or the like, and any 
other unintentional error which the administering authority considers 
ministerial.'' With respect to final results of administrative reviews, 
19 CFR 351.224(e) provides that Commerce ``will analyze any comments 
received and, if appropriate, correct any ministerial error by amending 
. . . the final results of review . . . .''

Ministerial Error

    Regiopytsa alleges that Commerce made a ministerial error in the 
Final Results within the meaning of section 751(h) of the Act and 19 
CFR 351.224(f) by inadvertently basing average normal value and U.S. 
prices on quarterly weighted-average home market and U.S. prices, 
rather than on monthly weighted-average prices. Regiopytsa argues that 
Commerce's practice is to based average normal value and average U.S. 
prices on monthly averages of home market and U.S. prices, 
respectively. This error resulted in an incorrect weighted-average 
dumping margin calculated for Regiopytsa.
    We agree with Regiopytsa that Commerce made a ministerial error in 
its use of quarterly average prices for normal value and average U.S. 
prices. Pursuant to 777A(d)(2) of the Act, in an administrative review, 
a normal value based on comparison market prices must be limited to the 
period of a calendar month. By extension, when using the average-to-
average comparison method, average U.S. prices must also be limited to 
U.S. market prices to the period of a calendar month. We have revised 
the margin calculations such that normal value and average U.S. price 
is based on monthly weighted-average home market and U.S. prices, 
respectively.
    Details of Commerce's analysis of Regiopytsa's ministerial error 
allegation are included in the Ministerial Error Allegation 
Memorandum.\4\ The Ministerial Error Allegation Memorandum is a public 
document and is available 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.
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    \4\ See Memorandum, ``Antidumping Duty Administrative Review of 
Light-Walled Rectangular Pipe and Tube from Mexico; 2020-2021: 
Ministerial Error Allegation,'' dated concurrently with this notice 
(Ministerial Error Allegation Memorandum).
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    Accordingly, pursuant to 19 CFR 351.224(e), Commerce is amending 
the Final Results to reflect the correction of this ministerial error 
in the calculation of the weighted-average dumping margin for 
Regiopytsa, which changes from 1.56 percent to 1.44 percent.\5\ 
Furthermore, we are amending the weighted-average dumping margin for 
the companies not selected for individual examination in this review. 
The weighted-average dumping margin for the non-examined companies is 
based on the weighted-average dumping margins calculated for the 
mandatory respondents, which changes from 5.38 percent to 5.32 
percent.\6\
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    \5\ Id.
    \6\ See Memorandum, ``Amended Non-Examined Company Rate 
Calculation,'' dated concurrently with this notice.
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Amended Final Results of Review

    As a result of correcting the ministerial error, Commerce 
determines that the following weighted-average dumping margins exist 
for the period August 1, 2020, through July 31, 2021:
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    \7\ The weighted-average dumping margin for Maquilacero/TEFLU 
remains unchanged from the Final Results. See Final Results, 88 FR 
at 15666.

------------------------------------------------------------------------
                                                             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.\7\................................................
Regiomontana de Perfiles y Tubos S. de R.L. de C.V......            1.44
Perfiles LM, S.A. de C.V................................            5.32
Productos Laminados de Monterrey S.A. de C.V............            5.32
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Disclosure

    We will disclose the calculations performed for these amended final 
results to parties to this segment of the proceeding within five days 
of the date of the publication of these amended final results, pursuant 
to 19 CFR 351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with these amended final 
results of the administrative review.
    In accordance with 19 CFR 351.212(b)(1), for Maquilacero S.A. de 
C.V. (Maquilacero) and Tecnicas de Fluidos S.A. de C.V. (TEFLU) 
(collectively, Maquilacero/TEFLU) and Regiopytsa, we calculated 
importer-specific ad valorem antidumping duty assessment rates based on 
the ratio of the total amount of dumping calculated for the examined 
sales for each importer to the total entered value of the sales for 
each importer. Where an importer-specific antidumping duty assessment 
rate is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), 
Commerce 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 period of review produced by either 
Maquilacero/TEFLU or Regiopytsa for which the examined company did not 
know that the merchandise that they sold to the intermediary company 
(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.
    For the companies which were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at an ad 
valorem assessment rate equal to the company-specific weighted- average 
dumping margin determined in these amended final results.
    The amended final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the amended final results 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 amended 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 
retroactively for all shipments of subject merchandise that entered, or 
were withdrawn from warehouse, for consumption on or after March 14, 
2023, the date of publication of the Final Results of this 
administrative review. As provided for 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 these 
amended final results of review;

[[Page 30725]]

(2) for exporters not covered in this review but covered in a 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 another completed segment of this proceeding, but the 
producer is, then 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) if neither the exporter nor the 
producer is a firm covered in this or any previously completed segment 
of this proceeding, then the cash deposit rate will be the all-others 
rate of 3.76 percent established in the less-than-fair-value 
investigation.\9\
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    \9\ 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).
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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 final 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 the period of review. 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
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 terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: May 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-10213 Filed 5-11-23; 8:45 am]
BILLING CODE 3510-DS-P