[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]]
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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:
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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
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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