[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69127-69129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22202]


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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 of Antidumping Duty Administrative Review; 
2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that 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, 
2021, through August 31, 2022. We invited interested parties to comment 
on these preliminary results.

DATES: Applicable October 5, 2023.

FOR FURTHER INFORMATION CONTACT: David Crespo or Nathan Araya, 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 or (202) 482-3401, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 13, 2016, Commerce published in the Federal Register 
the antidumping duty order on HWR pipes and tubes from Mexico.\1\ On 
September 1, 2022, Commerce published in the Federal Register a notice 
of opportunity to request an administrative review of the Order.\2\ On 
November 3, 2023, based on timely requests for review, in accordance 
with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of 
the Order with respect to 12 companies.\3\ On December 9, 2022, 
Commerce selected Maquilacero S.A. de C.V. (Maquilacero) and Productos 
Laminados de Monterrey

[[Page 69128]]

S.A. de C.V. (Prolamsa) for individual examination as mandatory 
respondents in this administrative review.\4\
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    \1\ 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, (September 13, 2016) 
(Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 53719, (September 
1, 2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 66275 (November 3, 2022).
    \4\ See Memorandum, ``Respondent Selection for the 2021-2022 
Antidumping Duty Administrative Review,'' dated December 9, 2022.
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    On May 25, 2023, Commerce extended the preliminary results of this 
review until September 29, 2023.\5\
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    \5\ See Memorandum, ``Extension of Deadline for the Final 
Results of Antidumping Duty Administrative Review,'' dated May 22, 
2022; and ``Correction of Subject Line for Extension of Preliminary 
Results,'' dated May 25, 2023.
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Scope of the Order

    The products covered by the Order are HWR pipes and tubes from 
Mexico.\6\ A full description of the scope of Order is contained in the 
Preliminary Decision Memorandum.\7\
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    \6\ For a complete description of the scope of the Order, see 
Preliminary Decision Memorandum.
    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022: 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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Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (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 these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
topics discussed in the Preliminary Decision Memorandum is attached as 
an appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to 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 instructions for 
calculating the all-others rate in a market economy investigation, for 
guidance when calculating the rate for companies which were not 
selected for individual examination 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 any zero or de minimis margins, and any margins 
determined entirely on the basis of facts available. 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 preliminarily calculated weighted-average 
dumping margins for the mandatory respondents, Maquilacero and 
Prolamsa, that are not zero, de minimis, or based entirely on total 
facts available. Accordingly, Commerce is preliminarily assigning to 
the companies not individually examined, listed in the chart below, a 
margin of 4.33 percent which is the weighted-average of Maquilacero's 
and Prolamsa's calculated weighted-average dumping margins.\8\
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    \8\ For more information regarding the calculation of this 
margin, see Memorandum, ``Calculation of the Weighted-Average 
Dumping Margin for Non-Selected Companies for the Preliminary 
Results,'' dated concurrently with this notice. As the weighting 
factor, we relied on the publicly ranged sales data reported in the 
quantity and value charts submitted by Maquilacero and Prolamsa.
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Preliminary Results of Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist for the period September 1, 
2021, through August 31, 2022:

------------------------------------------------------------------------
                                                       Weighted- average
                  Exporter/producer                     dumping  margin
                                                           (percent)
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Maquilacero S.A. de C.V..............................               5.14
Productos Laminados de Monterrey S.A. de C.V.........               3.91
------------------------------------------------------------------------
   Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Aceros del Toro S.A. de C.V..........................               4.33
Aceros El Fraile S.A. de C.V.........................               4.33
Border Assembly S. de R.L. de C.V....................               4.33
Buffalo Tube S.A. de C.V.............................               4.33
Fortacero S.A. de C.V................................               4.33
Grupo Collado S.A. de C.V............................               4.33
Perfiles y Herrajes L.M. S.A. de C.V.................               4.33
P.J. Trailers Company S.A. de C.V....................               4.33
Placa y Fierro de Monterrey S.A. de C.V..............               4.33
Regiomontana de Perfiles y Tubos S.A. de C.V.........               4.33
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results.\9\ 
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.\10\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than seven days after the deadline for 
filing case briefs.\11\

[[Page 69129]]

Interested 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.\12\ Note that Commerce has temporarily modified certain of 
its requirements for serving documents containing business proprietary 
information, until further notice.\13\
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    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(c)(1)(ii).
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \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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    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 
ACCESS. 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. An electronically filed hearing 
request must be received successfully in its entirety by Commerce's 
electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 
days after the date of publication of this notice. 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.

Final Results of Review

    Unless extended, Commerce intends to issue the final results of 
this administrative review, including the results of its analysis of 
issues raised in any written briefs, no later than 120 days after the 
date of publication of these preliminary results in the Federal 
Register.\14\
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    \14\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates

    Upon completion of the final results of this administrative review, 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise covered by this review.
    If a respondent's weighted-average dumping margin is not zero or de 
minimis (i.e., less than 0.50 percent) in the final results of this 
review, we intend to calculate an importer-specific assessment rate 
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 in accordance with 19 CFR 351.212(b)(1).\15\ 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 sales. 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. 
If either of the respondents' weighted average dumping margin or an 
importer-specific assessment rate is zero or de minimis in the final 
results of review, we intend to instruct CBP to liquidate appropriate 
entries without regard to antidumping duties.\16\
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    \15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \16\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
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    For entries of subject merchandise during the POR produced by each 
individually examined respondent for which the producer did not know 
that the merchandise was destined for the United States, we will 
instruct CBP to liquidate unreviewed entries at the all-others rate 
(4.91 percent) if there is no rate for the intermediate company(ies) 
involved in the transaction.\17\
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    \17\ See Order; see also Antidumping and Countervailing Duty 
Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 
2003).
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    For the companies identified above that were not selected for 
individual examination, we will instruct CBP to liquidate entries at 
the rate established after the completion of the final results of this 
review.
    The final results of this administrative review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by this review and for future deposits of estimated duties, 
where applicable.\18\
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    \18\ 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 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 merchandise exported by companies not covered in this review 
but covered in a prior segment of this proceeding, the cash deposit 
rate will continue to be the company-specific rate published in the 
completed segment for the most recent period; (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 rate established in the completed 
segment for the most recent period 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.\19\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \19\ 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 28, 2023.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2023-22202 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P