[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Pages 73617-73619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29646]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-805]
Certain Circular Welded Non-Alloy Steel Pipe From Mexico:
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review; 2010-11
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests by interested parties, the Department
of Commerce (the Department) is conducting an administrative review of
the antidumping duty order on certain circular welded non-alloy steel
pipe from Mexico. This administrative review covers mandatory
respondents Pytco, S.A. de C.V. (PYTCO), Conduit S.A. de C.V.
(Conduit); Mueller Comercial de Mexico, S. de R.L. de C.V. (Mueller);
Lamina y Placa Comercial, S.A. de C.V. (Lamina y Placa); and Tuberia
Nacional, S.A. de C.V. (TUNA). We preliminarily determine that the
respondents did not have reviewable sales, shipments, or entries during
the POR. Interested parties are invited to comment on these preliminary
results.
DATES: Effective Date: December 11, 2012.
[[Page 73618]]
FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6312 or (202) 482-0469, respectively.
SUPPLEMENTARY INFORMATION:
Period of Review
The period of review (POR) is November 1, 2010, through October 31,
2011.
Scope of the Order
The products covered by the order are circular welded non-alloy
steel pipes and tubes, of circular cross-section, not more than 406.4
millimeters (16 inches) in outside diameter, regardless of wall
thickness, surface finish (black, galvanized, or painted), or end
finish (plain end, beveled end, threaded, or threaded and coupled). The
merchandise covered by the order and subject to this review is
currently classified in the Harmonized Tariff Schedule of the United
States (HTSUS) at subheadings: 7306.30.10.00, 7306.30.50.25,
7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and
7306.30.50.90. Although the HTSUS subheadings are provided for
convenience and customs purposes, our written description of the scope
of this proceeding is dispositive. For the complete scope, see
Antidumping Duty Order.\1\
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\1\ See Notice of Antidumping Duty Orders: Certain Circular
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea
(Korea), Mexico, and Venezuela and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Welded Non-Alloy Steel
Pipe from Korea, 57 FR 49453 (November 2, 1992) (Antidumping Duty
Order).
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Partial Rescission of Administrative Review
Timely requests for administrative review of ten companies were
received from parties. For a full description of requests for review
and the methodology underlying our conclusions, see the Memorandum from
Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting
Assistant Secretary for Import Administration, ``Decision Memorandum
for Preliminary Results of Antidumping Duty Administrative Review:
Certain Circular Welded Non-Alloy Steel Pipe from Mexico,''
(Preliminary Decision Memorandum), dated concurrently with this notice,
which is hereby adopted by this notice. Petitioner Allied Tube and
Conduit (Allied) requested administrative reviews of the following
companies: Conduit; Mueller; PYTCO; Lamina y Placa; and TUNA.
Petitioner Wheatland Tube Company (Wheatland) requested administrative
reviews of the following companies: Galvak, S.A. de C.V. (Galvak);
Hylsa, S.A. de C.V. (Hylsa); Industrias Monterrey S.A. de C.V. (IMSA);
Mueller; Southland Pipe Nipples Co., Inc. (Southland); Lamina y Placa;
Ternium Mexico, S.A. de C.V. (Ternium); and TUNA. Petitioner U.S. Steel
Corporation (U.S. Steel) requested administrative reviews of the
following companies: Conduit; Mueller; Southland; Lamina y Placa;
Ternium; and TUNA. On March 29, 2012, Wheatland timely withdrew its
requests for administrative review with regard to all companies for
whom it had requested an administrative review. Also on March 29, 2012,
U.S. Steel timely withdrew its requests for administrative review with
regard to all companies for whom it had requested an administrative
review. The remaining companies for whom administrative reviews had
been requested were TUNA, Lamina y Placa, Mueller, PYTCO, and Conduit.
Therefore, in accordance with 19 CFR 351.213(d)(1), we preliminarily
rescind the administrative review with respect to the companies named
in the Initiation Notice \2\ for which no request for administrative
review remains on the record of this proceeding, to wit: Ternium,
Galvak, Hylsa, IMSA, and Southland.
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\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 76 FR
82268 (December 30, 2011) (Initiation Notice).
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Preliminary Determination of No Shipments
A. No Shipments Claims
PYTCO
PYTCO submitted a letter to the Department indicating that it made
no shipments or entries of subject merchandise to the United States
during the POR that are subject to this administrative review. In
response to the Department's query, CBP data showed that a single entry
of subject merchandise may have entered for consumption into the United
States during the POR.\3\ In its claim of no shipments, PYTCO did not
address the status of this single entry. Through multiple questionnaire
responses, PYTCO provided additional documentation which demonstrated
that the single entry in question had (a) been mischaracterized as
subject merchandise and (b) did not involve an actual sale. We received
no information from CBP to contradict the results of our data query and
the claims made by this respondent. In addition, despite close
questioning on the subject of sales by its POR affiliates, no evidence
of sales by PYTCO's affiliates was established on the record of this
proceeding. Therefore, because the evidence on the record indicates
that PYTCO (and its affiliates) made no shipments of subject
merchandise to the United States during the POR, we preliminarily
determine that there are no reviewable transactions during the POR for
PYTCO. For further discussion, see the Preliminary Decision Memorandum.
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\3\ See Memorandum from Mark Flessner to the File entitled,
``Certain Circular Welded Non-Alloy Steel Pipe from Mexico:
Placement on the Record of U.S. Customs and Border Patrol
Information for 2010-2011 Period of Review,'' dated January 27,
2012, at Attachment 1.
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Since the implementation of the 1997 regulations, our practice
concerning no shipment respondents had been to rescind the
administrative review if the respondent certifies that it had no
shipments and we have confirmed through our examination of CBP data
that there were no shipments of subject merchandise during the POR.\4\
In such circumstances, we normally instructed CBP to liquidate any
entries from the no shipment company at the deposit rate in effect on
the date of entry.
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\4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27393 (May 19, 1997); see also Oil Country Tubular Goods from Japan:
Preliminary Results of Antidumping Duty Administrative Review and
Partial Rescission of Review, 70 FR 53161, 53162 (September 5,
2007), unchanged in Oil Country Tubular Goods from Japan: Final
Results and Partial Rescission of Antidumping Duty Administrative
Review, 71 FR 95 (January 3, 2006).
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In our May 6, 2003, ``automatic assessment'' clarification, we
explained that, where respondents in an administrative review
demonstrate that they had no knowledge of sales through resellers to
the United States, we would instruct CBP to liquidate such entries at
the all-others rate applicable to the proceeding.\5\
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\5\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
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Because ``as entered'' liquidation instructions do not alleviate
the concerns which the Assessment Policy Notice was intended to
address, we find it appropriate in this case to instruct CBP to
liquidate any existing entries of merchandise produced by the
respondents, and exported by other parties at the all-others rate,
should we continue to find that the respondents had no shipments of
subject merchandise in the POR in our final
[[Page 73619]]
results.\6\ In addition, the Department finds that it is more
consistent with the Assessment Policy Notice not to rescind the review
in its entirety but, rather, to complete the review with respect to the
respondents, issuing appropriate instructions to CBP based on the final
results of the review. See the ``Assessment Rates'' section of this
notice below.
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\6\ See, e.g., Magnesium Metal From the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989, 56990 (September 17, 2010).
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B. Duty Absorption
On January 30, 2012, Wheatland requested that the Department
conduct a duty absorption inquiry with regard to each of the companies
for whom an administrative review had been requested. See the
Preliminary Decision Memorandum. Because this review was not initiated
at the two-year or four-year interval from publication of the
antidumping duty order, a duty absorption inquiry is not authorized.
See Antidumping Duty Order.
Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
briefs not later than the later of 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.\7\ 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.\8\ Case and rebuttal briefs
should be filed using Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA
ACCESS).\9\
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\7\ See 19 CFR 351.309(d).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
filed electronically via IA ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time
within 30 days after the date of publication of this notice.\10\
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. The Department will issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
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\10\ See 19 CFR 351.310(c).
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Assessment Rates
Upon completion of the administrative review, the Department shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries, in accordance with 19 CFR 351.212. The Department intends to
issue appraisement instructions directly to CBP 15 days after the date
of publication of the final results of this review.
As noted above, the Department clarified its ``automatic
assessment'' regulation on May 6, 2003. See the Assessment Policy
Notice. This clarification will apply to POR entries by each respondent
company if we continue to make a final determination of no shipments
based upon their certifications that they made no POR shipments of
subject merchandise for which they had knowledge of U.S. destination.
We will instruct CBP to liquidate these entries at the all-others rate
established in the less-than-fair-value investigation (32.62 percent)
\11\ if there is no rate for the intermediary involved in the
transaction. See the Assessment Policy Notice for a full discussion of
this clarification.
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\11\ See Final Determination of Sales at Less Than Fair Value:
Circular Welded Non-Alloy Steel Pipe From Mexico, 57 FR 42953
(September 17, 1992).
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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)(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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
The preliminary results of administrative review and this notice
are issued and published in accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as amended.
Dated: November 29, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
No Shipments Claim--PYTCO
Duty Absorption
[FR Doc. 2012-29646 Filed 12-10-12; 8:45 am]
BILLING CODE 3510-DS-P