[Federal Register Volume 86, Number 15 (Tuesday, January 26, 2021)]
[Notices]
[Pages 7067-7069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01640]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-847]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
Mexico: Preliminary Results of Antidumping Duty Administrative Review;
2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the producers/exporters of heavy walled rectangular welded carbon
steel pipes and tubes (HWR pipes and tubes) from Mexico subject to this
administrative review made sales of subject merchandise at less than
normal value (NV) during the period of review (POR) September 1, 2018
through August 31, 2019. We invite all interested parties to comment on
these preliminary results.
DATES: Applicable January 26, 2021.
FOR FURTHER INFORMATION CONTACT: David Goldberger or 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) 482-4136 or (202)
482-3693, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 12, 2019, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review on HWR pipes and tubes from Mexico.\1\ This review covers 11
producers and exporters of the subject merchandise. Commerce selected
two companies, Maquilacero S.A. de C.V. (Maquilacero) and Productos
Laminados de Monterrey S.A. de C.V. (Prolamsa), for individual
examination. The producers and/or exporters not selected for individual
examination are listed in the ``Preliminary Results of the Review''
section of this notice.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 61011 (November 12, 2019).
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On April 21, 2020, pursuant to section 751(a)(3)(A) of the Tariff
Act of 1930, as amended (the Act), and 19 CFR 351.213(h)(2), Commerce
extended the time limit for issuing the preliminary results of this
administrative review to September 29, 2020.\2\ On April 24, 2020,
Commerce tolled all deadlines in administrative reviews by 50 days,
thereby extending the deadline for issuing the preliminary results of
this administrative review to November 18, 2020.\3\ On July 21, 2020,
Commerce again tolled all deadlines for preliminary and final results
in administrative reviews by an additional 60 days.\4\ Therefore, the
deadline for the preliminary results of this administrative review is
January 19, 2021.
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\2\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from Mexico: Extension of Deadline for
Preliminary Results of the 3rd Antidumping Duty Administrative
Review,'' dated April 21, 2020.
\3\ 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.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,''dated July 21, 2020.
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Scope of the Order
The products covered by the order are heavy walled rectangular
welded steel
[[Page 7068]]
pipes and tubes from Mexico.\5\ Products subject to the order are
currently classified under the Harmonized Tariff Schedule of the United
States (HTSUS) item number 7306.61.1000. Subject merchandise may also
be classified under 7306.61.3000. Although the HTSUS numbers and ASTM
specification are provided for convenience and for customs purposes,
the written product description remains dispositive.
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\5\ For a complete description of the scope of the Order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of the
2018-2019 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 (Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. Export price and constructed export
price are calculated in accordance with section 772 of the Act. NV is
calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, 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 electronic
versions of the Preliminary Decision Memorandum are identical in
content. A list of the topics discussed in the Preliminary Decision
Memorandum is attached as an appendix to this notice.
Rate for Non-Selected Respondents
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for individual
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 a market economy investigation, for
guidance when calculating the rate for companies which were not
selected for individual examination 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 or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .''
In this review, we have preliminarily calculated a weighted-average
dumping margin for these companies using the calculated rates of the
mandatory respondents, Maquilacero and Prolamsa, which are not zero, de
minimis, or determined entirely on the basis of facts available.\6\
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\6\ See section 735(c)(5)(A) of the Act.
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Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margins exist for the period
September 1, 2018 through August 31, 2019:
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping
margin
(percent)
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Maquilacero S.A. de C.V..................................... 0.00
Productos Laminados de Monterrey S.A. de C.V................ 1.75
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Review-Specific Average Rate Applicable to the Following Companies:
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Arco Metal S.A. de C.V...................................... 1.75
Forza Steel S.A. de C.V..................................... 1.75
Industrias Monterrey, S.A. de C.V........................... 1.75
Perfiles y Herrajes LM S.A. de C.V.......................... 1.75
PYTCO S.A. de C.V........................................... 1.75
Regiomontana de Perfiles y Tubos S.A. de C.V................ 1.75
Ternium S.A. de C.V......................................... 1.75
Tuberia Nacional, S.A. de C.V............................... 1.75
Tuberias Procarsa S.A. de C.V............................... 1.75
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\7\
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\7\ See 19 CFR 351.224(b).
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Verification
On February 19, 2020, Commerce received a request from the
petitioners \8\ to conduct verification of the responses in this
administrative review.\9\ Commerce is currently unable to conduct on-
site verification of the information relied upon for the final results
of this review. Accordingly, we intend to take additional steps in lieu
of on-site verification. Commerce will notify interested parties of any
additional documentation or information required.
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\8\ The petitioners are Independence Tube Corporation and
Southland Tube, Incorporated; Nucor Companies; Atlas Tube, a
division of Zekelman Industries; and Searing Industries.
\9\ See Petitioners' Letter, ``Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes from Mexico: Request for
Verification,'' dated February 19, 2020.
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Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. A timeline for the
submission of case briefs and written comments will be provided to
interested parties at a later date. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than seven days after
the deadline for filing case briefs.\10\ Parties who submit case briefs
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.\11\ Case and rebuttal briefs
should be filed using ACCESS.\12\
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\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See 19 CFR 351.303.
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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, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\13\ Hearing 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. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, Commerce intends to hold
the hearing at a date and time to be determined.\14\ Parties should
confirm the date, time, and location of the hearing two days before the
scheduled date.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310(d).
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An electronically-filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
Final Results
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of
[[Page 7069]]
publication of this notice, unless otherwise extended.\15\
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\15\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries.\16\
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\16\ See 19 CFR 351.212(b).
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Pursuant to 19 CFR 351.212(b)(1), where Maquilacero and Prolamsa
reported the entered value of their U.S. sales, we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of the sales for which entered value was reported. Where
Prolamsa did not report entered value, we calculated the entered value
in order to determine the assessment rate. 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
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the weighted average \17\ of
the cash deposit rates calculated for Maquilacero and Prolamsa,
excluding any which are zero, de minimis, or determined entirely on
adverse facts available. The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review and for future
deposits of estimated duties, where applicable.\18\
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\17\ This rate was calculated as discussed in footnote 6, above.
\18\ See section 751(a)(2)(C) of the Act.
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Maquilacero or
Prolamsa for which the reviewed companies did not know that the
merchandise they sold to the intermediary (e.g., a reseller, trading
company, or exporter) was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\19\
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\19\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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 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)(C) of the Act: (1) The cash deposit rate for the companies
listed above will be equal to the weighted-average dumping margin
established in the final results of this 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 covered in
this review, the cash deposit rate will continue to be the company-
specific cash deposit rate published for the most recently completed
segment in which the company was reviewed; (3) if the exporter is not a
firm covered in this review, a prior review, or the original less-than-
fair-value (LTFV) investigation, but the producer is, then the cash
deposit rate will be the cash deposit 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 4.91 percent, the all-others rate
established in the LTFV investigation.\20\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\20\ 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, 62867 (September 13,
2016).
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Notification to Importers
This notice also serves as a preliminary 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.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: January 15, 2021.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2021-01640 Filed 1-25-21; 8:45 am]
BILLING CODE 3510-DS-P