[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 83886-83888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28347]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary
Results and Partial Rescission of Antidumping Duty Administrative
Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on light-walled
rectangular pipe and tube from Mexico, covering the period August 1,
2018 through July 31, 2019. We preliminarily find that Regiomontana de
Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa) (successor-in-interest
to Regiomontana de Perfiles y Tubos S.A. de C.V.) made sales of subject
merchandise at less than normal value (NV) during the period of review
(POR), and that Maquilacero S.A. de C.V. (Maquilacero) did not have
sales of subject merchandise at less than normal value during the
period of review. We are also rescinding this review for 12 companies
where timely requests for withdrawals were filed by all parties who
requested the reviews. We invite interested parties to comment on these
preliminary results.
DATES: Applicable December 23, 2020.
FOR FURTHER INFORMATION CONTACT: Samuel Brummitt or John Conniff, 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) 482-7851 or (202)
482-1009, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2019, Commerce published in the Federal Register a
notice of the initiation of the administrative review of the
antidumping duty order \1\ on light-walled rectangular pipe and tube
from Mexico for 19 companies.\2\ On October 22, 2019, we selected
Maquilacero and Regiopytsa \3\ for individual examination as the
mandatory respondents in this administrative review.\4\
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\1\ See Light-Walled Rectangular Pipe and Tube from Mexico, the
People's Republic of China, and the 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, 84 FR 53411 (October 7, 2019) (Initiation
Notice). The Initiation Notice listed 19 companies and 20 company
names since it included both the current and former versions of
Regiopytsa's company name.
\3\ Based on the record evidence in this review, we are
preliminarily finding Regiomontana de Perfiles y Tubos S. de R.L. de
C.V. to be successor-in-interest to Regiomontana de Perfiles y Tubos
S.A. de C.V. For additional information on Commerce's analysis
regarding the successor-in-interest finding, see Memorandum,
``Decision Memorandum for the Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review: Light-Walled
Rectangular Pipe and Tube from Mexico; 2018-2019,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum) at 6.
\4\ See Memorandum, ``2018-2019 Antidumping Duty Administrative
Review of Light-Walled Rectangular Pipe and Tube from Mexico:
Respondent Selection,'' dated October 22, 2019 (Respondent Selection
Memorandum) at 2-3
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On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\5\ On July 21, 2020, Commerce tolled all deadlines
in administrative reviews by an additional 60 days.\6\ On June 11,
2020, we extended the deadline for the preliminary results to November
18, 2020.\7\ The deadline for the preliminary results of this review is
now December 16, 2020.
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\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\7\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube
from Mexico: Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review; 2018-2019,'' dated April 17,
2020.
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For a complete description of the events that followed the
initiation of the review, see the Preliminary Decision Memorandum. 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 http://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Preliminary Decision Memorandum are
identical in content. A list of topics included in the Preliminary
Decision Memorandum is included in the Appendix to this notice.
Scope of the Order
The products covered by the scope of the order are certain light-
walled rectangular pipe and tube from Mexico. For a complete
description of the scope, see the Preliminary Decision Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review
[[Page 83887]]
withdraws the request within 90 days of the
date of publication of notice of initiation of the requested
review. On January 6, 2020, Independence Tube Corporation, a Nucor
company, and Southland Tube, Incorporated, a Nucor company, timely
withdrew their requests for an administrative review on the following
12 companies: Arco Metal S.A. de C.V.; Galvak, S.A. de C.V.; Hylsa S.A.
de C.V.; Industrias Monterrey S.A. de C.V.; Internacional de Aceros,
S.A. de C.V.; Nacional de Acero S.A. de C.V.; PEASA-Productos
Especializados de Acero; Talleres Acero Rey S.A. de C.V.; Ternium
Mexico S.A. de C.V.; Tuberias Aspe S.A de C.V.; Tuberia Laguna, S.A. de
C.V.; and Tuberias y Derivados S.A. de C.V. No other party requested a
review of these 12 companies.\8\ Accordingly, we are rescinding this
review, in part, with respect to these companies, pursuant to 19 CFR
351.213(d)(1).
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\8\ See Preliminary Decision Memorandum at 2-3.
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price
was calculated in accordance with section 772 of the Act. Normal value
was calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Rate for Non-Selected 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 market economy 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
segment of the proceeding, we calculated a margin for Regiopytsa that
was not zero, de minimis, or based on total facts available.
Accordingly, we have preliminarily applied the weighted-average dumping
margin calculated for the non-examined companies in this review based
on the weighted-average dumping margin calculated for Regiopytsa.
Preliminary Results of Review
We preliminarily determine that, for the period August 1, 2018
through July 31, 2019, the following weighted-average dumping margins
exist:
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\9\ We preliminarily find that Regiomontana de Perfiles y Tubos
S. de R.L. de C.V. is the successor-in-interest to Regiomontana de
Perfiles y Tubos S.A. de C.V. For further discussion, see the
Preliminary Decision Memorandum.
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Maquilacero S.A. de C.V. and Tecnicas de Fluidos S.A. de C.V 0.00
Regiomontana de Perfiles y Tubos S. de R.L. de C.V.\9\...... 5.44
Aceros Cuatro Caminos S.A. de C.V........................... 5.44
Fabricaciones y Servicios de Mexico......................... 5.44
Grupo Estructuras y Perfiles................................ 5.44
Perfiles LM, S.A. de C.V.................................... 5.44
Productos Laminados de Monterrey S.A. de C.V................ 5.44
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Disclosure and Public Comment
We will disclose to parties to the proceeding the calculations
performed in connection with these preliminary results of review within
five days after the date of publication of this notice.\10\ Interested
parties may submit case briefs not later than 30 days after the date of
publication of this notice in the Federal Register.\11\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed not
later than seven days after the date for filing case briefs.\12\
Parties who submit case or rebuttal briefs in this proceeding are
encouraged to submit with each argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of
authorities.\13\ Case and rebuttal briefs should be filed using
ACCESS.\14\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\15\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c)(1)(ii).
\12\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See 19 CFR 351.303.
\15\ See Temporary Rule.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance within 30 days of the date of publication of this
notice.\16\ Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, Commerce intends to hold the hearing
at a time and date to be determined. Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\16\ See 19 CFR 351.310(c).
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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,
pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
For individually examined respondents whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.50
percent), we will calculate importer-specific ad valorem duty
assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales in accordance with 19 CFR 351.212(b)(1).\17\ We
will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review when the importer-specific assessment
rate calculated in the final results of this review is not zero or de
minimis. If 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 rate is zero or de minimis, we will instruct CBP to liquidate
the appropriate entries without regard to antidumping duties. The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review
where applicable.
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\17\ In these preliminary results, Commerce applied the
assessment rate calculation methodology adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
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Regarding entries of subject merchandise during the period of
review that were produced by Maquilacero and Regiopytsa and for which
they did not know that the merchandise was destined for the United
States, we will instruct CBP to liquidate such entries at the all-
others rate of 3.76 percent, as established in
[[Page 83888]]
the less-than-fair-value investigation, if there is no rate for the
intermediate company(ies) involved in the transaction.\18\ For a full
discussion of this matter, see Assessment Policy Notice.\19\
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\18\ See Order, 73 FR at 45405.
\19\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
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For those companies which were not individually examined, we will
instruct CBP to assess antidumping duties at an ad valorem rate equal
to that companies weighted-average dumping margin as determined in the
final results of this review.
In accordance with 19 CFR 356.8, we intend to issue liquidation
instructions to CBP on or after 41 days after publication of the final
results of this review.
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 specific
company listed above will be equal to the weighted-average dumping
margin established in the final results of this administrative review;
(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 they were reviewed; (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.\20\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\20\ See Order, 73 FR at 45405.
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Notification to Importers
This notice also serves as a 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 the Department'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 this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: December 16, 2020.
Jeffrey I. Kessler,
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. Partial Rescission of Administrative Review
V. Companies Not Selected for Individual Examination
VI. Successor-in-Interest
VII. Single Entity Treatment
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2020-28347 Filed 12-22-20; 8:45 am]
BILLING CODE 3510-DS-P