[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Notices]
[Pages 73034-73036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28833]
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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; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (the Department) is conducting an administrative
review of
[[Page 73035]]
the antidumping duty order on certain circular welded non-alloy steel
pipe from Mexico.\1\ This administrative review originally covered
eight entities: Productos Laminados de Monterrey, S.A. de C.V.
(Productos Laminados), Prolamsa, Inc.,\2\ Conduit S.A. de C.V.
(Conduit); Ternium Mexico, S.A. de C.V. (Ternium); Tuberia Nacional,
S.A. de C. V. (TUNA); Lamina y Placa Comercial, S.A. de C.V. (Lamina);
\3\ Mueller Comercial de Mexico, S. de R.L. de C.V. (Mueller); and
PYTCO, S.A. de C.V. (PYTCO). All requests for administrative review of
Conduit, TUNA, Lamina, Ternium, Mueller, and PYTCO were timely
withdrawn, and we are consequently rescinding this administrative
review, in part, with respect to these six companies. The sole
mandatory respondent is Productos Laminados. The period of review (POR)
is August 1, 2012, through July 31, 2013. We preliminarily find that
Productos Laminados made sales at prices below normal value (NV) during
the POR. We invite interested parties to comment on these preliminary
results.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
79392 (December 30, 2013).
\2\ While the Department initiated an administrative review of
Productos Laminados and Prolamsa, Inc. separately, record
information indicates that Prolamsa, Inc. is a wholly-owned U.S.
subsidiary of Productos Laminados, and is an importer, and not a
producer, of subject merchandise.
\3\ The Department has determined that Lamina is the successor-
in-interest to TUNA. See Notice of Final Results of Antidumping Duty
Changes Circumstances Review: Certain Circular Welded Non-Alloy
Steel Pipe From Mexico, 75 FR 82374 (December 30, 2010).
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DATES: Effective Date: December 9, 2014.
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-
0698 or (202) 482-1131, respectively.
SUPPLEMENTARY INFORMATION:
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: 7306.30.1000, 7306.30.5025,
7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, and
7306.30.5090. Although the HTSUS subheadings are provided for
convenience and customs purposes, our written description of the scope
of this proceeding is dispositive. A full description of the scope of
the order is contained in the Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``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.\4\
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\4\ See also 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) (the Order).
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Methodology
The Department conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed
export price is 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 \5\
and in the Central Records Unit, Room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
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\5\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from http://iaaccess.trade.gov to http://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at: 79 FR 69046 (November 20, 2014).
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Preliminary Results of the Review
We preliminarily determine for the period November 1, 2012, through
October 31, 2013, the following weighted-average dumping margin exists:
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\6\ See the Memorandum from Davina Friedmann to Richard Weible,
Office Director, AD/CVD Operations Office VI, entitled, ``Circular
Welded Non-Alloy Steel Pipe from Mexico: Affiliation and Collapsing
Memorandum,'' dated December 1, 2014; see also Preliminary Decision
memorandum at 4 and 12-14.
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Weighted- average
Exporter or producer dumping margin
(percent)
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Productos Laminados de Monterrey, S.A. de C.V./Aceros 6.31
Cuatro Caminos, S.A. de C.V.\6\
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Scope Inquiry
The Department is conducting a scope inquiry to determine whether
certain types of black, circular tubing produced to American Society
for Testing and Materials standard A-513 by Productos Laminados may be
outside the scope of the Order because they meet the exclusion for
``mechanical tubing.'' Parties are notified that the final results of
the scope inquiry may affect the final results of this administrative
review by decreasing the number of reported sales.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review, in whole, or in part, if a party that requested
a review withdraws the request within 90 days of publication of notice
of initiation of the requested review. All requests for review by all
parties, except those of Productos Laminados and Prolamsa, Inc.,\7\
were timely withdrawn.\8\ Accordingly, we rescind the administrative
review of the antidumping duty order on certain circular welded non-
alloy steel pipe from Mexico covering the period November 1, 2012,
through October 31,
[[Page 73036]]
2013, with respect to Conduit, TUNA, Lamina, Ternium, Mueller, and
PYTCO.
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\7\ Prolamsa, Inc. (a wholly-owned U.S. subsidiary of Productos
Laminados which is an importer, and not a producer, of subject
merchandise--see footnote 1), made no entries of subject merchandise
during the POR. See the Memorandum from Davina Hashmi to Richard
Weible, Director, AD/CVD Operations Office VI, entitled,
``Administrative Review of the Antidumping Duty Order on Certain
Circular Welded Non-Alloy Steel Pipe from Mexico: Respondent
Selection Memorandum,'' dated March 20, 2014, at 5.
\8\ See Preliminary Decision Memorandum at 5.
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Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with these preliminary results
within five days of the date of publication of this notice.\9\ Pursuant
to 19 CFR 351.309(c), interested parties may submit case briefs no
later than 30 days after the date of publication of this notice.
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed no later than five days after the date 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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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(d).
\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, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS. An electronically filed
document must be received successfully in its entirety by the
Department's electronic records system, ACCESS, by 5:00 p.m. Eastern
Standard Time within 30 days after the date of publication of this
notice.\13\ 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. If a request for a hearing
is made, parties will be notified of the date and time of the hearing
to be held at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230.
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\13\ See 19 CFR 351.310(c).
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The Department intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised in all written case briefs, within 120 days after the
date of publication of this notice, pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of the administrative review, the Department shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries.\14\ If the weighted-
average dumping margin for Productos Laminados/Aceros Cuatro Caminos is
not zero or de minimis in the final results of this review, we will
calculate importer-specific assessment rates on the basis of the ratio
of the total amount of dumping duties calculated for an importer's
examined sales and the total entered value of such sales in accordance
with 19 CFR 351.212(b)(1). If the weighted-average dumping margin for
Productos Laminados/Aceros Cuatro Caminos is zero or de minimis in the
final results of review, we will instruct CBP not to assess duties on
any of its entries in accordance with the Final Modification for
Reviews, i.e., ``{w{time} here the weighted-average margin of dumping
for the exporter is determined to be zero or de minimis, no antidumping
duties will be assessed.'' \15\
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\14\ In these preliminary 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 Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
\15\ Id. at 77 FR 8101, 8102.
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As noted above, the Department has rescinded this administrative
review for Conduit, TUNA, Lamina, Ternium, Mueller, and PYTCO. For
these exporters and/or producers, the Department will instruct CBP to
liquidate all appropriate entries as entered.
We intend to issue instructions to CBP 41 days after publication of
the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of circular welded non-alloy steel pipe from Mexico
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this administrative review,
as provided by section 751(a)(2) of the Act: (1) The cash deposit rate
for Productos Laminado/Aceros Cuatro Caminos will be the weighted-
average dumping margin established in the final results of this
administrative review except if the rate is de minimis within the
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate
will be zero; (2) for merchandise exported by manufacturers or
exporters not covered in this review but covered in a prior segment of
the 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 the manufacturer or exporter participated; (3) if
the exporter is not a firm covered in this review, a prior review, or
the original less-than-fair-value investigation but the manufacturer
is, the cash deposit rate will be the rate established for the most
recently completed segment of the proceeding for the manufacturer of
the merchandise; (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 32.62 percent ad valorem, the all-
others rate established in the less-than-fair-value investigation.\16\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\16\ See the Order.
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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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).
Dated: December 1, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Postponement of Preliminary Determination
5. No Shipments Claims
6. Partial Rescission of Review
7. Duty Absorption
8. Methodology
9. Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the DP Analysis
10. Product Comparisons
11. Date of Sale
12. Level of Trade
13. Constructed Export Price
14. Normal Value
A. Affiliation and Single Entity
B. Cost of Production
15. Calculation of Normal Value Based on Comparison Market Prices
16. Currency Conversion
17. Recommendation
[FR Doc. 2014-28833 Filed 12-8-14; 8:45 am]
BILLING CODE 3510-DS-P