[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Notices]
[Pages 5375-5377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02068]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube from Mexico: Final Results
of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On September 6, 2013, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty (AD) order on light-walled rectangular
pipe and tube (LWR pipe and tube) from Mexico.\1\ The period of review
(POR) is August 1, 2011, through July 31, 2012. This review covers two
producers or exporters of subject merchandise: Regiomontana de Perfiles
y Tubos S.A. de C.V. (Regiopytsa) and Maquilacero S.A. de C.V.
(Maquilacero). For the final results, we continue to find that
Regiopytsa sold subject merchandise at less than normal value during
the POR and that Maquilacero did not. For the final weighted-average
dumping margins, see the ``Final Results of Review'' section below.
---------------------------------------------------------------------------
\1\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review; 2011-2012, 78 FR 54864 (September 6, 2013)
(Preliminary Results), and the accompanying Decision Memorandum
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
DATES: Effective Date: January 31, 2014.
FOR FURTHER INFORMATION CONTACT: Brian Davis or Ericka Ukrow, 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-
7924 or (202) 482-0405, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 6, 2013, the Department published in the Federal
Register the Preliminary Results. We invited interested parties to
comment on the Preliminary Results. On October 22 and 23, 2013,
respectively, the Department received case briefs from Regiopytsa and
Maquilacero. No party submitted rebuttal briefs or requested a hearing.
Scope of the Order
The merchandise subject to the order is certain welded carbon-
quality light-
[[Page 5376]]
walled steel pipe and tube, of rectangular (including square) cross
section, having a wall thickness of less than 4 mm.\2\ The welded
carbon-quality rectangular pipe and tube subject to the order is
currently classified under the Harmonized Tariff Schedule of the United
States (HTSUS) subheadings 7306.61.50.00 and 7306.61.70.60. While HTSUS
subheadings are provided for convenience and customs purposes, our
written description of the scope of the order is dispositive.\3\
---------------------------------------------------------------------------
\2\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, through Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, ``Issues and Decision Memorandum for the Final Results
of the Administrative Review of the Antidumping Duty Order on Light-
Walled Rectangular Pipe and Tube from Mexico; 2011-2012,'' dated
concurrently with these results and hereby adopted by this notice,
for a complete description of the scope of the order (Issues and
Decision Memorandum).
\3\ 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, 45405 (August 5, 2008) (Orders).
---------------------------------------------------------------------------
Tolling of Deadlines
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\4\ Therefore, all
deadlines in this segment of the proceeding were extended by 16 days.
If the new deadline falls on a non-business day, in accordance with the
Department's practice, the deadline will become the next business day.
Accordingly, the revised deadline for the final results of this review
is now January 22, 2014.
---------------------------------------------------------------------------
\4\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government,'' dated October 18, 2013.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case briefs by parties to this
administrative review are addressed in the Issues and Decision
Memorandum.
The Issues and Decision Memorandum is a public document and is on
file in the Central Records Unit (CRU), room 7046 of the main
Department of Commerce building, as well as electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). IA ACCESS is
available to registered users at http://iaaccess.trade.gov, and it is
available to all parties in the CRU. In addition, a complete version of
the Issues and Decision Memorandum can be accessed directly on the
internet at http://enforcement.trade.gov/frn/. The signed Issues and
Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
Final Results of Review
We have made no changes to our calculations announced in the
Preliminary Results. Therefore, as a result of our review, we continue
to determine that the following weighted-average dumping margin exists
for the period August 1, 2011, through July 31, 2012:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Regiomontana de Perfiles y Tubos S.A. de C.V............ 1.45
Maquilacero S.A. de C.V................................. 0.00
------------------------------------------------------------------------
Assessment Rates
The Department shall determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries.\5\ Since the weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.50 percent) for Regiopytsa, we calculated
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of dumping calculated for an importer's examined
sales to the total entered value of those same sales in accordance with
19 CFR 351.212(b)(1). Where either a respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------
\5\ In these final results, the Department applied the
assessment rate calculation method 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).
---------------------------------------------------------------------------
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\6\ This clarification will apply to entries of subject
merchandise during the POR produced by Maquilacero and Regiopytsa for
which they did not know that their merchandise was destined for the
United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the all-others rate of 3.76 percent, as
established in the less-than-fair-value investigation of this
proceeding,\7\ if there is no rate for the intermediate company(ies)
involved in the transaction.
---------------------------------------------------------------------------
\6\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
\7\ 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, 45405 (August 5, 2008).
---------------------------------------------------------------------------
In accordance with 19 CFR 356.8(a), the Department intends to issue
assessment instructions to CBP on or after 41 days following the
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 these
final results, consistent with section 751(a)(2)(C) of the Act: (1) For
subject merchandise manufactured and exported by Maquilacero and
Regiopytsa, the cash deposit rate will be equal to the weighted-average
dumping margins established in the final results of this review; (2)
for previously reviewed or investigated companies, the cash deposit
rate will continue to be the company-specific rate published from the
completed segment for the most recent period; (3) if the exporter is
not a firm covered in this review, the prior review, or the
investigation but the manufacturer is, then the cash-deposit rate will
be the rate established from the completed segment for the most recent
period for the manufacturer of the merchandise; and (4) if neither the
exporter nor the manufacturer is a firm covered in this review, a
previous review or the less-than-fair-value investigation conducted by
the Department, then the cash deposit rate will be the all-others rate
of 3.76 percent. These deposit requirements, when imposed, shall remain
in effect until further notice.
Reimbursement of Duties
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 Secretary's presumption that
reimbursement of antidumping duties
[[Page 5377]]
occurred and the subsequent assessment of double antidumping duties.
Return or Destruction of Proprietary Information
This notice serves as a reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
the APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of 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.
These final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213(h).
Dated: January 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Issues and Decision
Memorandum
1. Authority to Consider an Alternative Comparison Methodology
Absent an Allegation of Targeted Dumping
2. Differential Pricing Analysis
3. Arm's-Length Analysis of Certain of Maquilacero's Sales
[FR Doc. 2014-02068 Filed 1-30-14; 8:45 am]
BILLING CODE 3510-DS-P