[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Notices]
[Pages 69941-69942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28752]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube from Mexico: Final Results
of Antidumping Duty Administrative Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
SUMMARY: On July 8, 2015, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on light-walled rectangular pipe and tube from
Mexico.\1\ The review covers one producer/exporter of the subject
merchandise, Perfiles y Herrajes LM, S.A. de C.V. (Perfiles). The
period of review (POR) is August 1, 2013, through July 31, 2014. As a
result of our analysis of the comments received, these final results
differ from the Preliminary Results. For the final weighted-average
dumping margins, see the ``Final Results of Review'' section below.
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\1\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Preliminary Results of Antidumping Duty Administrative Review; 2013-
2014, 80 FR 39055 (July 8, 2015) (Preliminary Results).
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DATES: Effective Date: November 12, 2015.
FOR FURTHER INFORMATION CONTACT: Brian Davis or Emily Maloof, 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) 482-5649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 8, 2015, the Department published the Preliminary Results.
In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to
comment on the Preliminary Results. On August 7, 2015, Perfiles
submitted a timely case brief.\2\ We received no additional case or
rebuttal briefs from any interested party. We did not receive a hearing
request.
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\2\ See Letter to the Department, ``Light-Walled Rectangular
Pipe and Tube from Mexico for the 2013-2014 Review Period--Case
Brief of Perfiles y Herrajes LM, S.A. de C.V.'', dated August 7,
2015.
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Scope of the Order
The scope of this order covers certain welded carbon-quality light-
walled steel pipe and tube, of rectangular (including square) cross
section, having a wall thickness of less than 4 mm. 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. The merchandise
subject to the order is currently classified in the Harmonized Tariff
Schedule of the United States at subheadings 8504.23.0040, 8504.23.0080
and 8504.90.9540.\3\
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\3\ For a full description of the scope of the order, see the
Memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, titled ``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; 2013-2014'' (Issues and Decision
Memorandum), which is issued concurrent with and hereby adopted by
this notice.
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Analysis of Comments Received
All issues raised in the case brief by Perfiles in this
administrative review are addressed in the Issues and Decision
Memorandum.\4\ A list of the issues that Perfiles raised and to which
we responded is attached to this notice as an Appendix. The Issues and
Decision Memorandum is a public document and is on-file electronically
via ACCESS. ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 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://enforcement.trade.gov/frn/index.html. The signed
Issues and Decision Memorandum and the electronic version of the Issues
and Decision Memorandum are identical in content.
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\4\ Id.
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Changes Since the Preliminary Results
Based on a review of the record and comments received from Perfiles
regarding our Preliminary Results, we recalculated Perfiles' weighted-
average dumping margin for these final results.
In particular, we revised our comparison program to address certain
programming errors, including errors related to discounts and rebates,
and to account for certain insurance expenses. We also revised our
margin program to include certain sales in our analysis that were
inadvertently omitted in the Preliminary Results.\5\
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\5\ See Memorandum from Emily Maloof to the File, regarding
``Analysis of Data Submitted by Perfiles y Herrajes LM, S.A. de C.V.
in the Final Results of the Administrative Review of the Antidumping
Duty Order on Light-Walled Rectangular Pipe and Tube from Mexico;
2013-2014'' (Perfiles Final Analysis Memorandum), dated November 4,
2015 at section ``Changes from the Preliminary Results,'' for
further information.
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Final Results of Review
The weighted-average dumping margin for the period August 1, 2013,
through July 31, 2014, is as follows:
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Weighted-
average
Manufacturer/exporter margin
(percent)
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Perfiles................................................... 0.00
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Duty Assessment
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries in this review, in accordance with 19 CFR 351.212(b). Because
we have calculated a zero margin for Perfiles in the final results of
this review, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
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 the respondent for which it 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 a full discussion of this
clarification, see the Automatic Assessment Clarification.
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\6\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Automatic Assessment Clarification).
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The Department intends to issue assessment instructions directly to
CBP 41 days after publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this notice for all shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
publication of these final results, as provided by section 751(a)(2) of
the Act: (1) The cash deposit rate for Perfiles noted above will be the
rate established in the final results of this administrative
[[Page 69942]]
review; (2) for merchandise exported by manufacturers or exporters not
covered in this administrative 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; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the manufacturer is,
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 3.76 percent, the all-
others rate established in the antidumping investigation.\7\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\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, 45404 (August 5, 2008).
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Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping and/or countervailing duties prior to
liquidation of the relevant entries during the POR. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping and/or countervailing duties occurred and
the subsequent assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/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.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).
Dated: November 4, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Final Issues and Decision
Memorandum
I. Summary
II. Issues
III. Background
IV. Scope of the Order
V. Discussion of Interested Party Comments
Comment 1: Discounts Granted on Home-Market Sales
Comment 2: The Proper Universe of Sales
Comment 3: Certain Home-Market Insurance Expenses
VI. Recommendation
[FR Doc. 2015-28752 Filed 11-10-15; 8:45 am]
BILLING CODE 3510-DS-P