[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Notices]
[Pages 79664-79665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31343]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-805]
Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Final
Results of the 2011-2012 Antidumping Duty Administrative Review
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On August 9, 2013, 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 for the period November 1, 2011 through October 31,
2012.\1\ For the final results, we continue to find that Lamina y Placa
Comercial, S.A. de C.V. (Lamina), Mueller Comercial de Mexico, S. de
R.L. de C.V. (Mueller), Regiomontana de Perfiles y Tubos, S.A. de C.V.
(Regiopytsa), and Tuberia Nacional, S.A. de C. V. (TUNA) made no
shipments of subject merchandise during the period of review (POR). We
made no changes to the Preliminary Results.
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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; 2011-2012, 78 FR 48647 (August 9, 2013)
(Preliminary Results).
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DATES: Effective Date: December 31, 2013.
FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD
Operations, Office VI, Enforcement and Compliance, 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 August 9, 2013, the Department published the Preliminary Results
in the Federal Register.\2\ In the Preliminary Results, the Department
rescinded this administrative review with respect to four respondents
for which reviews had been initiated but subsequently timely withdrawn
(i.e., Conduit S.A. de C.V., PYTCO, S.A. de C.V., Southland Pipe
Nipples Co., Inc., and Ternium Mexico, S.A. de C.V.). We also
preliminarily determined that Lamina, Mueller, Regiopysta, and TUNA
made no shipments during the POR. We invited parties to comment on the
Preliminary Results. We received no comments.
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\2\ Id.
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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).
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Determination of No Shipments
As noted in the Preliminary Results, we received no-shipment claims
from Lamina, Mueller, Regiopytsa, and TUNA, and we confirmed these
claims with U.S. Customs and Border Protection (CBP). Because we
continue to find that the record indicates that Lamina, Mueller,
Regiopytsa, and TUNA did not export subject merchandise to the United
States during the POR, we determine that they had no reviewable
transactions during the POR.
Assessment
The Department will determine, and 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.
On May 6, 2003, the Department clarified its ``automatic
assessment'' regulation.\4\ This clarification will apply to entries of
subject merchandise during the POR for which the reviewed company 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.
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\4\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(reseller policy).
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For all entries by Lamina, Mueller, Regiopytsa, and TUNA, 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
[[Page 79665]]
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.
Dated: December 20, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-31343 Filed 12-30-13; 8:45 am]
BILLING CODE 3510-DS-P