[Federal Register Volume 89, Number 69 (Tuesday, April 9, 2024)]
[Notices]
[Pages 24777-24779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07471]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-847]


Heavy-Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
Mexico: Final 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) determines that 
producers/exporters of heavy-walled rectangular welded carbon steel 
pipes and tubes (HWR pipes and tubes) made sales of subject merchandise 
at less than normal value during the period of review (POR), September 
1, 2021, through August 31, 2022.

DATES: Applicable April 9, 2024.

FOR FURTHER INFORMATION CONTACT: David Crespo, 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.

SUPPLEMENTARY INFORMATION:

Background

    On October 5, 2023, Commerce published in the Federal Register the 
preliminary results of the 2021-2022 administrative review \1\ of the 
antidumping duty order on heavy-walled rectangular welded carbon steel 
pipes and tubes from Mexico.\2\ The review covers 12 companies, 
including two mandatory respondents, Maquilacero S.A. de C.V. 
(Maquilacero) and Productos Laminados de Monterrey S.A. de C.V. 
(Prolamsa), for individual examination. We invited interested parties 
to comment on the Preliminary Results.\3\ We received case briefs from 
Maquilacero, Prolamsa, and Nucor Tubular Products Inc. (i.e., the 
petitioner) \4\ and received rebuttal briefs from Maquilacero, 
Prolamsa, and the petitioner.\5\ For a complete description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\6\ Commerce conducted this review in accordance 
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the 
Act).
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    \1\ See Heavy-Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from Mexico: Preliminary Results of Antidumping Duty 
Administrative Review; 2021-2022, 88 FR 69127 (October 5, 2023) 
(Preliminary Results).
    \2\ 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).
    \3\ See Preliminary Results.
    \4\ See Maquilacero's Letter, ``Maquilacero S.A. de C.V's Case 
Brief,'' dated November 10, 2023; Prolamsa's Letter, ``Case Brief 
and Request to Participate in Hearing, if Held,'' dated November 13, 
2023; and Petitioner's Letter, ``Case Brief,'' dated November 14, 
2023.
    \5\ See Maquilacero's Letter, ``Maquilacero S.A. de C.V's 
Rebuttal Brief,'' dated November 21, 2023; Prolamsa's Letter, 
``Rebuttal Brief,'' dated November 21, 2023; and Petitioner's 
Letter, ``Rebuttal Brief,'' dated November 21, 2023.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2021-2022 Administrative Review of the 
Antidumping Duty Order on Heavy-Walled Rectangular Welded Carbon 
Steel Pipes and Tubes from Mexico,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order

    The products covered by the Order are HWR pipes and tubes from 
Mexico. A complete description of the scope of the Order is contained 
in the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in case and rebuttal briefs by interested parties 
in this administrative review are addressed in the Issues and Decision 
Memorandum and are listed in the 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.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding the Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we made 
certain changes to the weighted-average dumping margin calculations for 
Maquilacero and Prolamsa for the final results of the review.\7\
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    \7\ 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 mandatory respondents, Maquilacero and 
Prolamsa, that are not zero, de minimis, or based entirely on the basis 
of facts available. Accordingly, Commerce is assigning to the companies 
not individually examined, listed in the chart below, a margin which is 
the weighted average of Maquilacero's and Prolamsa's calculated 
weighted-average dumping margins.\8\
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    \8\ See Memorandum, ``Calculation of the Weighted-Average 
Dumping Margin for Non-Selected Companies for the Final 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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Final Results of Review

    As a result of this review, we determine the following weighted-
average dumping margins exist for the period September 1, 2021, through 
August 31, 2022:

[[Page 24778]]



------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter or producer                    dumping margin
                                                             (percent)
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Maquilacero S.A. de C.V.................................            5.06
Productos Laminados de Monterrey S.A. de C.V............            2.28
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   Review-Specific Average Rate Applicable to the Following Companies:
------------------------------------------------------------------------
Aceros del Toro S.A. de C.V.............................            3.28
Aceros El Fraile S.A. de C.V............................            3.28
Border Assembly S. de R.L. de C.V.......................            3.28
Buffalo Tube S.A. de C.V................................            3.28
Fortacero S.A. de C.V...................................            3.28
Grupo Collado S.A. de C.V...............................            3.28
Perfiles y Herrajes L.M. S.A. de C.V....................            3.28
P.J. Trailers Company S.A. de C.V.......................            3.28
Placa y Fierro de Monterrey S.A. de C.V.................            3.28
Regiomontana de Perfiles y Tubos S.A. de C.V............            3.28
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to interested parties 
within five days after public announcement of the final results or, if 
there is no public announcement, within five days of the date of 
publication of the notice of final results in the Federal Register, in 
accordance with 19 CFR 351.224(b).

Assessment Rates

    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 the final results of 
this review.
    Pursuant to 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.
    For entries of subject merchandise during the POR produced by 
Maquilacero and Prolamsa for which it did not know that its merchandise 
was destined for the United States, we will instruct CBP to liquidate 
such entries at the all-others rate established in the less-than-fair-
value (LTFV) investigation of 4.91 percent ad valorem,\9\ if there is 
no rate for the intermediate company(ies) involved in the transaction.
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    \9\ See Order, 81 FR 62865.
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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 equal to the weighted-average dumping margin identified above 
in the ``Final Results of Review'' section.
    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

    Upon publication of this notice in the Federal Register, 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) of the 
Act: (1) the cash deposit rate for the companies subject to this review 
will be equal to the weighted-average dumping margin established in 
these finals results of the review; (2) for merchandise exported by 
producers or exporters not covered in this review but covered in a 
prior completed segment of the 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 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.\10\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \10\ Id.
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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 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.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the 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

[[Page 24779]]

notification of the return/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 violation which is 
subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).

    Dated: April 2, 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 the Issues
    Comment 1: Whether to Recalculate Prolamsa's Surrogate 
Conversion Costs
    Comment 2: Application of the Transactions Disregarded Rule for 
Heat Treatment Services
    Comment 3: Adjustment to Prolamsa's Claimed Scrap Offset
    Comment 4: Adjustment to Prolamsa's Extended Total Cost of 
Manufacturing (TOTCOM)
    Comment 5: Adjustment to the Interest Expense Ratio Based on 
Financial Year (FY) 2022 Consolidated Financial Statements
    Comment 6: Treatment of Home Market (HM) Sales in Prolamsa's 
Comparison Market Program
    Comment 7: Adjustment to Prolamsa's Margin Program to Remove 
Duplicate U.S. Sales
    Comment 8: Application of Adverse Facts Available (AFA) to 
Maquilacero
    Comment 9: Adjustments to Maquilacero's Inventory Carrying Costs 
and Indirect Selling Expenses
    Comment 10: Application of the Freight Revenue Cap for Abinsa 
S.A. de C.V. (Abinsa)
VI. Recommendation

[FR Doc. 2024-07471 Filed 4-8-24; 8:45 am]
BILLING CODE 3510-DS-P