[Federal Register Volume 90, Number 140 (Thursday, July 24, 2025)]
[Notices]
[Pages 34842-34844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13985]
-----------------------------------------------------------------------
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; 2022-
2023
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) from Mexico made sales of subject merchandise at
less than normal value during the period of review (POR), September 1,
2022, through August 31, 2023.
DATES: Applicable July 24, 2025.
FOR FURTHER INFORMATION CONTACT: Katie Smith, 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) 482-0557.
SUPPLEMENTARY INFORMATION:
Background
On October 23, 2024, Commerce published in the Federal Register the
Preliminary Results of the 2022-2023 administrative review \1\ of the
antidumping duty order on heavy walled rectangular welded carbon steel
pipes and tubes from Mexico.\2\ On December 9, 2024, Commerce tolled
the deadlines of all administrative review results by 90 days.\3\ On
May 16, 2025, Commerce extended the deadline for the final results of
this review until July 21, 2025.\4\
---------------------------------------------------------------------------
\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from Mexico: Preliminary Results and Recission in Part, of the
Antidumping Duty Administrative Review; 2022-2023, 89 FR 84530
(October 23, 2024) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\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 Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 10, 2024.
\4\ See Memorandum, ``Extension of the Deadline for Final
Results of Antidumping Duty Administrative Review,'' dated May 16,
2025.
---------------------------------------------------------------------------
This review covers eight 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.\5\ We received case briefs from Maquilacero and
Nucor Tubular Products Inc. (i.e., the petitioner) \6\ and received
rebuttal briefs from Maquilacero, Prolamsa, and the petitioner.\7\ For
a complete description of the events that occurred since the
Preliminary Results, see the Issues and Decision Memorandum.\8\
Commerce conducted this review in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\5\ See Preliminary Results.
\6\ See Maquilacero's Letter, ``Maquilacero S.A. de C.V's Case
Brief,'' dated November 22, 2024; see also Petitioner's Letter,
``Petitioner's Case Brief,'' dated November 22, 2024.
\7\ See Maquilacero's Letter, ``Maquilacero S.A. de C.V's
Rebuttal Brief,'' dated November 27, 2024; Prolamsa's Letter,
``Rebuttal Brief,'' dated November 27, 2024; see also Petitioner's
Letter, ``Petitioner's Rebuttal Brief,'' dated November 27, 2024.
\8\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review: Heavy-
Walled Rectangular Welded Carbon Steel Pipes and Tubes from Mexico;
2022-2023,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is 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 http://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 review.\9\
---------------------------------------------------------------------------
\9\ Id.
---------------------------------------------------------------------------
On June 13 and June 16, 2025, respectively, the U.S. Court of
Appeals for the Federal Circuit (Federal Circuit) issued mandates based
on the Federal Circuit's opinions in Marmen and Stupp.\10\ In its
opinions, the Federal Circuit held that it is unreasonable to use the
Cohen's d test when the Cohen's d test is applied to data that do not
satisfy certain statistical criteria. Accordingly, in an effort to
comply with the Federal Circuit's holdings regarding the Cohen's d
test, Commerce has revised the differential pricing analysis used in
these final results, as described in the Issues and Decision
Memorandum.\11\
---------------------------------------------------------------------------
\10\ See Marmen Inc. v. United States, 134 F.4th 1334 (Fed. Cir.
2025) (Marmen); Stupp Corp. v. United States, 2025 U.S. App. LEXIS
9616 (Fed. Cir. 2025) (non-precedential) (Stupp).
\11\ Although Commerce's preference is to provide interested
parties with an opportunity to comment, given the impending
statutory deadline of section 751(a)(2)(B)(iii) of the Act for the
final results of this administrative review (July 21, 2025), there
is insufficient time to allow for comments on the revised
differential pricing analysis and related calculations for comment
in this administrative review.
---------------------------------------------------------------------------
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
[[Page 34843]]
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.\12\
---------------------------------------------------------------------------
\12\ See Memorandum, ``Calculation of the Weighted-Average
Dumping Margin for Non-Selected Companies for the Final Results,''
dated concurrently with this notice.
---------------------------------------------------------------------------
Final Results of the Review
As a result of this review, we determine the following estimated
weighted-average dumping margin exists for the period September 1,
2022, through August 31, 2023:
------------------------------------------------------------------------
Weighted-average
Producer/exporter dumping margin
(percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V........................ 7.77
Productos Laminados de Monterrey S.A. de C.V... 14.03
------------------------------------------------------------------------
Review Specific Rate for Non-Examined Companies
------------------------------------------------------------------------
Aceros del Toro S.A. de C.V.................... 11.80
Aceros El Fraile S.A. de C.V................... 11.80
Acro Metal S.A. de C.V......................... 11.80
Border Assembly S. de R.L. de C.V.............. 11.80
Buffalo Tube S.A. de C.V....................... 11.80
Fortacero S.A. de C.V.......................... 11.80
Forza Steel, S.A. DE C.V....................... 11.80
Grupo Collado S.A. de C.V...................... 11.80
Industrias Monterrey S.A. de C.V............... 11.80
Perfiles y Herrajes L.M., S.A. de C.V.......... 11.80
Placa y Fierro de Monterrey S.A. de C.V........ 11.80
PYTCO S.A. de C.V.............................. 11.80
Regiomontana de Perfiles y Tubos S.A. de C.V... 11.80
Tuberias Procarsa S.A. de C.V.................. 11.80
------------------------------------------------------------------------
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), we calculated importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for each importer's examined sales and the total
entered value of those sales. Where either the 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 de
minimis (i.e., less than 0.5 percent), 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,\13\ if there is
no rate for the intermediate company(ies) involved in the transaction.
---------------------------------------------------------------------------
\13\ See Order.
---------------------------------------------------------------------------
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, 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).
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 the
``Finals Results of the Review'' section above; (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 LTFV
investigation, but the producer has been covered in a prior completed
segment of this proceeding, then the cash deposit rate will be the rate
established in the completed
[[Page 34844]]
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 for this proceeding.\14\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\14\ Id.
---------------------------------------------------------------------------
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 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) and
19 CFR 351.213(h)(1).
Dated: July 21, 2025.
Christopher Abbott,
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. Differential Pricing Analysis
VI. Discussion of the Issues
Comment 1: Whether to to Apply the Transactions Disregarded
Adjustment to Maquilacero's Reported Cost of Coils Purchased from
Affiliated Parties
Comment 2: Whether to Exclude Certain Line Items from
Maquilacero's General and Administrative (G&A) Expenses Calculation
Comment 3: Whether to Adjust Maquilacero's Claimed Scrap Offset
Comment 4: Whether to Apply a Smoothing Adjustment to Prolamsa's
Reported Quarterly Weighted-Average Per-Unit Direct Material
(DIRMAT)
Comment 5: Whether to Adjust Prolamsa's Total Cost of
Manufacture (TOTCOM) to Account for the Cost Reconciliation
Discrepancy
Comment 6: Whether to Adjust Maquilacero's Margin Program
Comment 7: Whether Tecnicas De Fluidos S.A. de C.V's (TEFLU)
Products Fall Within the Scope
Comment 8: Whether to Collapse Maquilacero and TEFLU
Comment 9: Treatment of Maquilacero's Virtual Sales
Comment 10: Usage of the Differential Pricing Analysis
VII. Recommendation
[FR Doc. 2025-13985 Filed 7-23-25; 8:45 am]
BILLING CODE 3510-DS-P