[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Notices]
[Pages 43376-43378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10846]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-847]


Heavy-Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
Mexico: Amended 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) is amending the 
final results of the administrative review of the antidumping duty (AD) 
order on heavy-walled rectangular welded carbon steel pipes and tubes 
(HWR pipes and tubes) from Mexico to correct a ministerial error. The 
period of review (POR) is September 1, 2021, through August 31, 2022.

DATES: Applicable May 17, 2024.

FOR FURTHER INFORMATION CONTACT: David Crespo or Taylor Hatley, 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) 482-4886, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 9, 2024, Commerce published in the Federal Register the 
Final Results of the 2021-2022 administrative review of the AD order on 
HWR pipes and tubes from Mexico.\1\ On April 4, 2024, Commerce 
disclosed its calculations and provided interested parties with the 
opportunity to submit ministerial error comments.\2\ On April 9, 2024, 
Productos Laminados de Monterrey S.A. de C.V (Prolamsa), a mandatory 
respondent in this review, timely submitted a ministerial error 
allegation.\3\ No other interested party submitted a ministerial error 
allegation or rebutted Prolamsa's ministerial error allegation. We are 
amending the Final Results to correct the ministerial error raised by 
Prolamsa.
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    \1\ See Heavy-Walled Rectangular Welded Carbon Steel Pipes and 
Tubes From Mexico: Final Results of Antidumping Duty Administrative 
Review; 2021-2022, 89 FR 24777 (April 9, 2024) (Final Results).
    \2\ See Memorandum, ``2021-2022 Antidumping Duty Administrative 
Review of Certain Heavy Walled Rectangular Welded Carbon Steel Pipes 
and Tubes from Mexico,'' dated April 4, 2024.
    \3\ See Prolamsa's Letter, ``Ministerial Error Comments,'' dated 
April 9, 2024 (Prolamsa's Ministerial Error Allegation).
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Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), 
defines 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

    Commerce determined that it made an inadvertent error within the 
meaning of section 751(h) of the Act and 19 CFR 351.224(f) with respect 
to the treatment of the currency in which Prolamsa incurred its U.S. 
inventory carrying costs. Accordingly, pursuant to 19 CFR 351.224(e), 
Commerce is amending the Final Results to correct this ministerial 
error.\4\ This correction results in a change to Prolamsa's weighted-
average dumping margin. For a complete description and analysis of the 
specific inadvertent error, and Prolamsa's ministerial error 
allegation, see the accompanying Ministerial Error Allegation 
Memorandum.\5\ The Ministerial Error Allegation 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.
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    \4\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from Mexico; 2021-2022: Ministerial Error Allegation in the 
Final Results,'' dated concurrently with this notice (Ministerial 
Error Allegation Memorandum).
    \5\ 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 instructions 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 any zero, de minimis (i.e., less than 0.5 
percent), or determined entirely on the basis of facts available.
    For these amended final results of review, we calculated a 
weighted-average dumping margin for Prolamsa that is not zero, de 
minimis, or based entirely on the basis of facts available.
    The calculated weighted-average dumping margins for the mandatory 
respondents, Maquilacero S.A. de C.V. (Maquilacero) \6\ and Prolamsa, 
are not zero, de minimis, or based entirely on total facts available. 
Accordingly, Commerce is assigning to the companies not individually 
examined, listed in the chart below, a margin of 2.86 percent which is 
the weighted-average of Maquilacero's and Prolamsa's calculated 
weighted-average dumping margins.\7\
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    \6\ We note that the final margin for mandatory respondent, 
Maquilacero, did not change in these amended final results and 
continues to be 5.06 percent. See Final Results, 89 FR 24778.
    \7\ See Memorandum, ``Calculation of the Weighted-Average 
Dumping Margin for Non-Selected Companies for the Amended 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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[[Page 43377]]

Amended Final Results

    As a result of correcting the ministerial error, Commerce 
determines that the following estimated weighted-average dumping 
margins exists for the period September 1, 2021, through August 31, 
2022:

------------------------------------------------------------------------
                                                       Weighted-average
                  Exporter/producer                     dumping margin
                                                           (percent)
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Productos Laminados de Monterrey S.A. de C.V........                1.61
------------------------------------------------------------------------
   Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Aceros del Toro S.A. de C.V.........................                2.86
Aceros El Fraile S.A. de C.V........................                2.86
Border Assembly S. de R.L. de C.V...................                2.86
Buffalo Tube S.A. de C.V............................                2.86
Fortacero S.A. de C.V...............................                2.86
Grupo Collado S.A. de C.V...........................                2.86
Perfiles y Herrajes L.M. S.A. de C.V................                2.86
P.J. Trailers Company S.A. de C.V...................                2.86
Placa y Fierro de Monterrey S.A. de C.V.............                2.86
Regiomontana de Perfiles y Tubos S.A. de C.V........                2.86
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these amended final results of review to interested 
parties within five days after public announcement of the amended final 
results or, if there is no public announcement, within five days of the 
date of publication of the notice of amended 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 this amended final 
results of this review.
    Pursuant to 19 CFR 351.212(b)(1), where Prolamsa reported the 
entered value of its U.S. sales, Commerce calculated importer-specific 
ad valorem AD 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 Prolamsa 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 Prolamsa'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 
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,\8\ if there is no rate for 
the intermediate company(ies) involved in the transaction.
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    \8\ 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).
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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

    The following amended cash deposit requirements will be effective 
retroactively upon publication of the amended final results of this 
administrative review in the Federal Register, for all shipments of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after April 9, 2024, the publication date of the 
Final Results, as provided by section 751(a)(2)(C) of the Act: (1) the 
amended cash deposit rate for the companies listed above will be equal 
to the weighted-average dumping margin established in these amended 
final results of this review; (2) for merchandise exported by companies 
not covered in this review but covered in a prior completed 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 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.\9\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \9\ Id.
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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 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 also serves as the only reminder to parties subject to 
an

[[Page 43378]]

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 violation which is subject to sanction.

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 7, 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.
[FR Doc. 2024-10846 Filed 5-16-24; 8:45 am]
BILLING CODE 3510-DS-P