[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Notices]
[Pages 17815-17817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05221]


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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; 2021-2022

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, 2021, through July 31, 2022.

DATES: Applicable March 12, 2024.

FOR FURTHER INFORMATION CONTACT: John Conniff or Charles Doss, 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) 482-4474, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 8, 2023, Commerce published the Preliminary Results 
for this review in the Federal Register and invited interested parties 
to comment on those results.\1\ From January 22 to 29, 2024, interested 
parties submitted case and rebuttal briefs.\2\ For 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; 2021-2022, 88 FR 62056 (September 8, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Nucor Tubular Products Inc. (Nucor)'s Letter, ``Case 
Brief,'' dated January 22, 2024; see also Maquilacero S.A. de C.V.'s 
(Maquilacero)'s Letter, ``Case Brief;'' dated January 22, 2024; 
Perfiles LM, S.A. de C.V.'s Letter, ``Case Brief;'' dated January 
22, 2024; Productos Laminados de Monterrey S.A. de C.V. and its 
affiliated U.S. reseller, Prolamsa, Inc (jointly, Prolamsa)'s 
Letter, ``Rebuttal Brief;'' Nucor's Letter, ``Rebuttal Brief,'' 
dated January 29, 2024; and Regiomontana de Perfiles y Tubos S. de 
R.L. de C.V. (Regiopytsa)'s Letter, ``Rebuttal Brief,'' dated 
January 29, 2024.
    \3\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube 
from Mexico: Issues and Decision Memorandum for the Final Results of 
Antidumping Duty Administrative Review; 2021-2022,'' 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 the 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 
that are not zero, de minimis, or based entirely on the basis of facts 
available. Accordingly, 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

[[Page 17816]]

margins exist for the period August 1, 2021, through July 31, 2022:

------------------------------------------------------------------------
                                                        Weighted-average
                 Exporter or producer                    dumping margin
                                                           (percent)
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Maquilacero S.A. de C.V./Tecnicas de Fluidos S.A. de                2.64
 C.V.................................................
Regiomontana de Perfiles y Tubos S. de R.L. de C.V...               1.36
Aceros Cuatro Caminos S.A. de C.V....................               2.00
Arco Metal S.A. de C.V...............................               2.00
Fabricaciones y Servicios de Mexico..................               2.00
Galvak, S.A. de C.V..................................               2.00
Grupo Estructuras y Perfiles.........................               2.00
Industrias Monterrey S.A. de C.V.....................               2.00
Internacional de Aceros, S.A. de C.V.................               2.00
Nacional de Acero S.A. de C.V........................               2.00
PEASA-Productos Especializados de Acero..............               2.00
Perfiles LM, S.A. de C.V.............................               2.00
Productos Laminados de Monterrey S.A. de C.V.........               2.00
Talleres Acero Rey S.A. de C.V.......................               2.00
Ternium Mexico S.A. de C.V...........................               2.00
Tuberias Aspe S.A de C.V.............................               2.00
Tuberia Laguna, S.A. de C.V..........................               2.00
Tuberias y Derivados S.A. de C.V.....................               2.00
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Disclosure

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

Assessment Rates

    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), where the respondents reported the entered value of 
their U.S. sales, 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 the respondents did not 
report entered value, we calculated 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 calculated an importer-specific ad valorem ratio based on 
estimated entered values. 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 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

[[Page 17817]]

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).

    Dated: March 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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 Products Sold by TEFLU are In-Scope 
Merchandise
    Comment 2: Whether Commerce Should Modify the Product 
Characteristics Used in Model Matching
    Comment 3: Whether Commerce Should Alter its Treatment of Level 
of Trade (LOT) Fields in the Margin Program
    Comment 4: Whether Commerce Should Remove TEFLU's Sample Sales 
from Maquilacero/TEFLU's Margin Calculation
    Comment 5: Whether Commerce Should Remove Date of Payment and 
Credit Expense Adjustments from its Margin Calculation
    Comment 6: Whether Commerce Must Adjust its Differential Pricing 
Analysis for Maquilacero/TEFLU
    Comment 7: Adjustment of Maquilacero's Domestic Brokerage and 
Handling (B&H) Charges
    Comment 8: Whether Commerce Should Use Updated Financial 
Statements
    Comment 9: Whether Commerce Should Reject Regiopytsa's Change in 
Depreciation Methodology
    Comment 10: Whether Regiopytsa's Total Direct Material Costs Are 
Consistent with its Financial Statements
    Comment 11: Whether Commerce Should Revise the Scrap Offset
    Comment 12: Whether Commerce Should Revise Regiopytsa's General 
and Administrative (G&A) Expenses
    Comment 13: Whether Commerce Should Rely on a Different 
Methodology for Assigning a Weighted-Average Dumping Margin to 
Perfiles
VI. Recommendation

[FR Doc. 2024-05221 Filed 3-11-24; 8:45 am]
BILLING CODE 3510-DS-P