[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34342-34344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13557]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-805]
Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Final
Results and Partial Rescission of the 2010-2011 Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 11, 2012, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on certain circular welded non-
alloy steel pipe from Mexico.\1\ This administrative review covers five
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). The period of review (POR) is November
1, 2010 through October 31, 2011. We determine that PYTCO had one
suspended entry but no reviewable sales during the POR, and that
Conduit, Mueller, Lamina y Placa and TUNA had no reviewable sales of
subject merchandise during the POR.
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\1\ See Certain Circular Welded Non-Alloy Steel Pipe From
Mexico: Preliminary Results and Partial Rescission of Antidumping
Duty Administrative Review; 2010-11, 77 FR 73617 (December 11, 2012)
(Preliminary Results).
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DATES: As of June 7, 2013.
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 and (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 11, 2012, the Department published in the Federal
Register the preliminary results of the administrative review of the
antidumping duty order on certain circular welded non-alloy steel pipe
from Mexico for the period November 1, 2010, to October 31, 2011. See
Preliminary Results. In the Preliminary Results, the Department
preliminarily rescinded this administrative review with respect to five
additional respondents for which reviews had been initiated but
subsequently timely withdrawn.\2\ These rescissions included the other
mandatory respondent, Ternium Mexico, S.A. de C.V., which also had been
selected for individual examination.
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\2\ In accordance with 19 CFR 351.213(d)(1), we preliminarily
rescinded the administrative review with respect to the companies
named in the Initiation Notice for which no request for
administrative review remained on the record of this proceeding, to
wit: Galvak, S.A. de C.V. (Galvak); Hylsa, S.A. de C.V. (Hylsa);
Industrias Monterrey S.A. de C.V. (IMSA); Southland Pipe Nipples
Co., Inc. (Southland); and Ternium Mexico, S.A. de C.V. (Ternium).
Ternium was selected as a mandatory respondent prior to petitioners'
withdrawal of the request for review with respect to Ternium. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews and Request for Revocation in Part, 76 FR 82268 (December
30, 2011) (Initiation Notice); see also Preliminary Results.
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In response to the Department's invitation to comment on the
Preliminary Results, domestic interested parties Allied Tube and
Conduit and TMK-IPSCO filed a case brief on January 10, 2013.
Respondent PYTCO filed a rebuttal brief on January 15, 2013.
Scope of the Order
The products covered by this 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).\3\
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 these proceedings is dispositive.
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\3\ For the complete scope of this order, 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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Analysis of Comments Received
All issues raised in the case brief and the rebuttal brief are
addressed in the Issues and Decision Memorandum (Decision Memorandum)
from Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting
Assistant Secretary for Import Administration, dated May 30, 2013,
which is hereby adopted by this notice. A list of the issues raised is
attached to this notice as Appendix I. The Decision Memorandum is a
public document and is on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (IA ACCESS). Access to IA ACCESS is available
to registered users at http://iaaccess.trade.gov, and to all parties in
the Central Records Unit (CRU), room 7046 of the main Department of
Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ia/. The signed Issues and Decision Memorandum and the
electronic versions of the Issues and Decision Memorandum are identical
in content.
Mandatory Respondents
As stated in the Preliminary Results, PYTCO submitted a claim that
it ``did not have any exports, sales, or entries of subject merchandise
to the United States'' during the POR. While CBP data showed that PYTCO
had an antidumping suspended entry during the POR, ample record
evidence indicated that this shipment did not involve an actual sale;
no other reviewable sales were reflected in the CBP data. No
information or argument
[[Page 34343]]
since the Preliminary Results has changed this determination.
Therefore, we have not calculated a weighted-average dumping margin for
PYTCO in these final results.
As stated above, the request for administrative review of Ternium,
which had been selected as a mandatory respondent, was timely
withdrawn.
Non-Selected Respondents
The companies for which administrative reviews were requested and
not rescinded (see ``Partial Rescission of Administrative Review''
section of the Preliminary Results at 73618) but were not selected as
mandatory respondents are TUNA, Lamina y Placa, Mueller, and Conduit.
TUNA and its successor in interest,\4\ Lamina y Placa, jointly
submitted a ``no shipments'' letter on February 28, 2013. Inquiries
were made to CBP to confirm that no shipments by TUNA or Lamina y Placa
were recorded at the ports during the POR. No record evidence
contradicts the assertion of TUNA and Lamina y Placa that they made no
shipments of subject merchandise into the United States. Therefore, we
find that TUNA and Lamina y Placa did not make shipments of subject
merchandise into the United States during this POR.
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\4\ See Notice of Final Results of Antidumping Duty Changed
Circumstances Review: Certain Circular Welded Non-Alloy Steel Pipe
from Mexico, 75 FR 82374 (December 30, 2010).
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Mueller submitted a ``no shipments'' letter on April 9, 2013. An
inquiry was made to CBP to confirm that no shipments by Mueller were
recorded at the ports during the POR. No record evidence contradicts
the assertion of Mueller that it made no shipments of subject
merchandise into the United States. Therefore, we find that Mueller did
not make shipments of subject merchandise into the United States during
this POR.
Conduit also submitted a claim that ``it did not have any exports,
sales, or entries of the subject merchandise to the United States''
during the POR on April 9, 2013. An inquiry was made to CBP to confirm
that no reviewable sales by Conduit were recorded at the ports during
the POR. No record evidence contradicts the assertion of Conduit that
it made no reviewable sales of subject merchandise into the United
States. Therefore, we find that Conduit did not make reviewable sales
of subject merchandise into the United States during this POR.
Final Rescissions of Administrative Review
As stated above, all of the requests for administrative review with
respect to Galvak, HYLSA, IMSA, Southland, and Ternium were timely
withdrawn; the administrative reviews with respect to these five
companies were preliminarily rescinded. See Preliminary Results. These
administrative reviews are finally rescinded.
Assessment
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, pursuant to section 751(a)(1) of the Act and 19 CFR
351.212(b). We will issue appraisement instructions directly to CBP to
assess antidumping duties on appropriate entries by applying the
assessment rate to the entered value of the merchandise. Pursuant to 19
CFR 356.8(a), the Department intends to issue assessment instructions
to CBP 41 days after the date of publication of these final results of
review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (reseller
policy). This clarification will apply to entries of subject
merchandise during the POR for which the exporter did not know its
merchandise 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.
For PYTCO's no-sale entry, subject merchandise that is entered for
consumption but is not sold either in the form as entered or as further
manufactured merchandise to an unaffiliated customer in the United
States is not subject to antidumping duties because there is no U.S.
sale, and, therefore, no dumping in the United States. See Torrington
Co. v. United States, 82 F.3d 1039 (Fed. Cir. 1996). Therefore, we will
instruct CBP to liquidate this entry without regard to antidumping
duties.
For all entries by TUNA, Lamina y Placa, Mueller, and Conduit, we
will instruct CBP to assess antidumping duties in accordance with the
reseller policy.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results for all shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption, on
or after the publication date of these final results of administrative
review, consistent with section 751(a)(2)(C) of the Act: (1) The cash
deposit rate for the reviewed companies will continue to be the
company-specific rates published for the most recently completed
segment in which the company participated; (2) for merchandise exported
by producers or exporters not covered in this review, but covered in a
previous segment of this proceeding, the cash deposit rate will
continue to be the company-specific rate published for the most
recently completed segment of this proceeding in which that
manufacturer or exporter participated; (3) if the exporter is not a
firm covered in a prior segment of this proceeding, but the
manufacturer is, then the cash deposit rate will be the rate
established for the most recently completed segment of this proceeding
for the manufacturer of the subject merchandise; and (4) the cash
deposit rate for all other manufacturers or exporters will continue to
be 32.62 percent, the all-others rate established in the original
antidumping investigation.\5\ These deposit requirements, when imposed,
shall remain in effect until further notice.
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\5\ 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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Notifications
This notice also 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 the Department's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305, which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return or 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 sanctionable violation.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.
[[Page 34344]]
Dated: May 30, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix--List of Issues in Decision Memorandum
Issue 1: Whether PYTCO Had Reviewable Sales
Issue 2: Treating PYTCO and Conduit as a Single Entity and Applying
AFA
Issue 3: Whether To Inform CBP that PYTCO Misclassified Entries
During the POR
Issue 4: Whether To Order Liquidation of Any Entries Produced and/or
Exported by Respondents at the ``All Others'' Rate
[FR Doc. 2013-13557 Filed 6-6-13; 8:45 am]
BILLING CODE 3510-DS-P