[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74916-74919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20795]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-836]


Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary 
Results and Intent To Rescind, in Part, of Antidumping Duty 
Administrative Review; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on light-walled 
rectangular pipe and tube (LWRPT) from Mexico. We preliminarily 
determine that Maquilacero S.A. de C.V. (Maquilacero)/Tecnicas de 
Fluidos S.A. de C.V. (TEFLU) and Perfiles LM, S.A. de C.V. (Perfiles) 
made sales of subject merchandise at less than normal value

[[Page 74917]]

during the period of review (POR) August 1, 2022, through July 31, 
2023. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable September 13, 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 August 5, 2008, Commerce published in the Federal Register the 
antidumping duty order on LWRPT from Mexico.\1\ On October 18, 2023, in 
accordance with 19 CFR 351.221(c)(1)(i), Commerce published a notice of 
initiation for this administrative review.\2\ On April 16, 2024, we 
extended the deadline for the preliminary results to August 30, 
2024.\3\ On July 22, 2024, Commerce tolled the deadline in this 
administrative proceeding by seven days.\4\ The deadline for the 
preliminary results is now September 6, 2024. For a complete 
description of the events that followed the initiation of this 
administrative review, see the Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------

    \1\ See Light-Walled Rectangular Pipe and Tube from Mexico, the 
People's Republic of China and 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).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 71829 (October 18, 2023) (Initiation 
Notice).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated April 16, 
2024.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Light-Walled Rectangular Pipe and Tube from Mexico; 2022-2023,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the Order are light-walled rectangular pipe 
and tube from Mexico. For a complete description of the scope, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). We 
calculated export price in accordance with section 772 of the Act. We 
calculated normal value 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 included as an 
appendix to this notice. The Preliminary 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 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Intent To Rescind, In Part

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an antidumping duty order where it 
determines that there were no suspended entries of subject merchandise 
during the POR.\6\ Normally, upon completion of an administrative 
review, the suspended entries are liquidated at the antidumping duty 
assessment rate for the review period.\7\ Therefore, for an 
administrative review to be conducted, there must be a suspended entry 
that Commerce can instruct U.S. Customs and Border Protection (CBP) to 
liquidate at the calculated antidumping duty assessment rate for the 
review period.\8\
---------------------------------------------------------------------------

    \6\ See, e.g., Certain Carbon and Alloy Steel Cut-to Length 
Plate from the Federal Republic of Germany: Recission of Antidumping 
Administrative Review; 2020-2021, 88 FR 4157 (January 24, 2023).
    \7\ See 19 CFR 351.212(b)(1).
    \8\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States, 
380 F. Supp. 3d 1328, 1335-36 (CIT 2019), at 12 (referring to 
section 751(a) of the Act, the U.S. Court of International Trade 
(CIT) held that: ``While the statute does not explicitly require 
that an entry be suspended as a prerequisite for establishing 
entitlement to a review, it does explicitly state the determined 
rate will be used as the liquidation rate for the reviewed entries. 
This result can only obtain if the liquidation of entries has been 
suspended. . . ;'' see also Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2018-
2019, 86 FR 36102 (July 8, 2021), and accompanying IDM at Comment 4; 
and Solid Fertilizer Grade Ammonium Nitrate from the Russian 
Federation: Notice of Rescission of Antidumping Duty Administrative 
Review, 77 FR 65532 (October 29, 2012) (noting that ``for an 
administrative review to be conducted, there must be a reviewable, 
suspended entry to be liquidated at the newly calculated assessment 
rate'').
---------------------------------------------------------------------------

    As discussed in greater detail in the Preliminary Decision 
Memorandum, the POR entry totals reflected in the data query provided 
by U.S. Customs Border Protection (CBP) in the Attachment of the CBP 
Data Memorandum reflected no POR entries of subject merchandise from: 
(1) Arco Metal S.A. de C.V.; (2) Fabricaciones y Servicios de Mexico; 
(3) Galvak, S.A. de C.V.; (4) Grupo Estructuras y Perfiles; (5) 
Industrias Monterrey S.A. de C.V.; (6) Internacional de Aceros, S.A. de 
C.V.; (7) PEASA-Productos Especializados de Acero; (8) Talleres Acero 
Rey S.A. de C.V.; (9) Tuberias Aspe S.A. de C.V.; (10) Tuberia Laguna, 
S.A. de C.V.; and (11) Tuberias y Derivados S.A. de C.V.\9\
---------------------------------------------------------------------------

    \9\ See Memorandum, ``Release of Customs and Border Protection 
Data,'' dated October 20, 2023 (CBP Data Memorandum).
---------------------------------------------------------------------------

    In the absence of any suspended entries of subject merchandise from 
these companies during the POR, Commerce hereby notifies all interested 
parties of its intent to rescind this administrative review with 
respect to these companies. Commerce is providing interested parties 
with an opportunity to submit comments on this preliminary decision, 
including factual information. Comments, including factual information, 
from interested parties are due to Commerce no later than 5:00 p.m. 
Eastern Time (ET) on September 13, 2024. Rebuttal comments, including 
rebuttal factual information, are due seven days thereafter, by 5:00 
p.m. ET on September 20, 2024. All submissions must be filed 
electronically at https://access.trade.gov in accordance with 19 CFR 
351.303.

Rate for Non-Examined Companies

    For the rate for companies not selected for individual examination 
in an administrative review, generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in a less-than-fair-value investigation. 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 calculated weighted-average dumping margins 
for Perfiles and Maquilacero/TEFLU that are not zero, de minimis, or 
based entirely on total facts available. For the respondents that were 
not selected for individual examination in this administrative review, 
we have assigned to them the

[[Page 74918]]

simple average of the weighted-average dumping margins calculated for 
Perfiles and Maquilacero/TEFLU, consistent with the guidance in section 
735(c)(5)(B) of the Act.\10\
---------------------------------------------------------------------------

    \10\ See Preliminary Decision Memorandum at ``Companies Not 
Selected For Individual Examination;'' see also Memorandum, 
``Calculation of Non-Selected Rate in Preliminary Results,'' dated 
concurrently with this notice; and Ball Bearings and Parts Thereof 
from France, Germany, Italy, Japan, and the United Kingdom: Final 
Results of Antidumping Duty Administrative Reviews, Final Results of 
Changed-Circumstances Review, and Revocation of an Order in Part, 75 
FR 53661, 53663 (September 1, 2010).
---------------------------------------------------------------------------

Preliminary Results of the Review

    Commerce preliminarily determines the following estimated weighted-
average dumping margins exist for the POR:

------------------------------------------------------------------------
                                                       Weighted- average
                  Producer/exporter                     dumping margin
                                                           (percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V./Tecnicas de Fluidos S.A. de               20.30
 C.V.\11\...........................................
Perfiles LM, S.A. de C.V............................                6.66
Aceros Cuatro Caminos S.A. de C.V./Productos                       13.73
 Laminados de Monterrey S.A. de C.V.\12\............
Nacional de Acero S.A. de C.V.......................               13.73
Regiomontana de Perfiles y Tubos S. de R.L. de C.V..               13.73
Ternium Mexico S.A. de C.V..........................               13.73
------------------------------------------------------------------------

Disclosure and Public Comment
---------------------------------------------------------------------------

    \11\ Commerce has previously found Maquilacero and TEFLU to 
comprise a single entity. See, e.g., Light-Walled Rectangular Pipe 
and Tube from Mexico: Final Results of Antidumping Duty 
Administrative Review; 2018-2019, 86 FR 33646 (June 25, 2021), and 
accompanying Issues and Decision Memorandum (IDM) at Comment 9.
    \12\ Commerce has previously found Aceros Cuatro Caminos S.A. de 
C.V./Productos Laminados de Monterrey S.A. de C.V. to comprise a 
single entity. See, e.g., Light-Walled Rectangular Pipe and Tube 
from Mexico: Final Results of Antidumping Duty Administrative 
Review; 2015-2016, 83 FR 10664 (March 12, 2018).
---------------------------------------------------------------------------

    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these preliminary results within 
five days of the date of publication of this notice in accordance with 
19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\13\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\14\
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \14\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\15\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\16\
---------------------------------------------------------------------------

    \15\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \16\ See APO and Service Final Rule.
---------------------------------------------------------------------------

    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. 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. Issues raised in the hearing will be limited to 
those raised in the respective case 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. ET within 30 
days after the date of publication of this notice.

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review. 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). If a timely summons is filed at the CIT, the assessment 
instructions will direct CBP not to liquidate relevant entries until 
the time for parties to file a request for a statutory injunction has 
expired (i.e., within 90 days of publication).
    If the weighted-average dumping margin for Maquilacero/TEFLU or 
Perfiles is not zero or de minimis (i.e., less than 0.5 percent) in the 
final results of this review, we will calculate importer-specific ad 
valorem assessment rates for the merchandise based on the ratio of the 
total amount of dumping calculated for the examined sales made during 
the POR to each importer and the total entered value of those same 
sales, in accordance with 19 CFR 351.212(b)(1). Where we do not have 
entered values for all U.S. sales to a particular importer, we will 
calculate an importer-specific, per-unit assessment rate on the basis 
of the ratio of the total amount of dumping calculated for the 
importer's examined sales to the total quantity of those sales.\17\ 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. Where an importer-specific ad valorem assessment rate 
is zero or de minimis in the final results of review, we will instruct 
CBP to liquidate the appropriate entries without regard to antidumping 
duties,

[[Page 74919]]

in accordance with 19 CFR 351.106(c)(2). If a respondent's weighted-
average dumping margin is zero or de minimis in the final results of 
review, we will instruct CBP not to assess duties on any of its entries 
in accordance with the Final Modification for Reviews, i.e., 
``{w{time} here the weighted-average margin of dumping for the exporter 
is determined to be zero or de minimis, no antidumping duties will be 
assessed.'' \18\ For entries of subject merchandise during the POR 
produced by Maquilacero/TEFLU or Perfiles for which the producer did 
not know its merchandise was destined for the United States, we will 
instruct CBP to liquidate unreviewed entries at the all-others rate if 
there is no rate for the intermediate company (or companies) involved 
in the transaction.\19\
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.212(b)(1).
    \18\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
    \19\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    For the companies which were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at an ad 
valorem assessment rate equal to the company-specific weighted-average 
dumping margin determined in these final results. For the companies for 
which we intend to rescind the administrative review, upon issuance of 
the final results, antidumping duties shall be assessed at a rate equal 
to the cash deposit of estimated antidumping duties required at the 
time of entry, or withdrawal from warehouse, for consumption, in 
accordance with 19 CFR 351.212(c)(1)(i).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review 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 each company 
listed above will be that established in the final results of this 
administrative 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 previously 
reviewed or investigated companies not listed above, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recently completed segment of this proceeding in which the company 
participated; (3) if the exporter is not a firm covered in this review, 
a prior review, or in the investigation but the producer is, the cash 
deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be the all-others rate of 3.76 percent, the 
rate established in the investigation of this proceeding.\20\ These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \20\ See Order, 85 FR at 37423.
---------------------------------------------------------------------------

Final Results of Review

    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case and rebuttal briefs, within 120 days 
of publication of these preliminary results in the Federal 
Register.\21\
---------------------------------------------------------------------------

    \21\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a preliminary 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 double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 6, 2024.
Abdelali Elouaradia,
Deputy 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. Intent to Rescind Review, In Part
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2024-20795 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-DS-P