Certain Circular Welded Non-Alloy Steel Pipe From Mexico; Preliminary Results, Preliminary Determination of No Shipments, and Partial Rescission of Antidumping Duty Administrative Review; 2014-2015, 89047-89050 [2016-29544]
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Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices
Enforcement and Compliance, U.S.
Department of Commerce, filed
electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety by
the Department’s ACCESS by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.16
Hearing 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. Unless extended, the
Department intends to issue the final
results of this review, including the
results of its analysis of issues raised by
parties in their comments, within 120
days after the publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
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Assessment Rates
Upon issuing the final results of
review, the Department will determine,
and CBP shall assess, antidumping
duties on all appropriate entries covered
by this review.17 If a respondent’s
weighted-average dumping margin is
above de minimis (i.e., 0.5 percent) in
the final results of this review, we will
calculate an importer-specific
assessment rate on the basis of the ratio
of the total amount of dumping
calculated for the importer’s examined
sales and the total entered value of those
sales in accordance with 19 CFR
351.212(b)(1). Specifically, the
Department will apply the assessment
rate calculation method adopted in
Final Modification for Reviews.18 Where
an importer- (or customer-) specific ad
valorem rate is zero or de minimis, we
will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.19
For entries that were not reported in
the U.S. sales databases submitted by
exporters individually examined during
this review, the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. In addition, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
16 See
19 CFR 351.310(c).
19 CFR 351.212(b)(1).
18 See Antidumping Proceeding: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103
(February 14, 2012) (Final Modification for
Reviews).
19 See 19 CFR 351.106(c)(2).
17 See
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PRC-wide rate.20 The Department
intends to issue appropriate assessment
instructions directly to CBP 15 days
after publication of the final results of
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For subject
merchandise exported by the companies
listed above that have separate rates, the
cash deposit rate will be that established
in the final results of review (except, if
the rate is zero or de minimis, then zero
cash deposit will be required); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
will be that for the PRC-wide entity; and
(4) for all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice 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 POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
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.
Dated: December 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
20 Id.
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II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Discussion of the Methodology
A. Non-Market Economy Country Status
B. Separate Rates
C. Surrogate Country
VI. Application of Facts Available and
Adverse Inferences
A. Use of Facts Available
B. Application of Facts Available With an
Adverse Inference
C. Selection of the AFA Rate
VII. Fair Value Comparisons
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
C. U.S. Price
D. Normal Value
E. Factor Valuations
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2016–29542 Filed 12–8–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–805]
Certain Circular Welded Non-Alloy
Steel Pipe From Mexico; Preliminary
Results, Preliminary Determination of
No Shipments, and Partial Rescission
of Antidumping Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on certain
circular welded non-alloy steel pipe
from Mexico. The period of review
(POR) is November 1, 2014, through
October 31, 2015. This review covers
eight producers/exporters of the subject
merchandise, including two
respondents selected for individual
examination: Maquilacero, S.A. de C.V.
(Maquilacero) and Regiomontana de
Perfiles y Tubos, S.A. de C.V.
(Regiopytsa). We preliminarily
determine that Maquilacero and
Regiopytsa made sales of subject
merchandise at less than normal value
during the POR. Additionally, we
preliminarily determine that Lamina y
Placa Comercial, S.A. de C.V. (Lamina y
Placa) and Mueller Comercial de
Mexico, S. de R.L. de C.V. (Mueller) had
no shipments during the POR.
Whirlpool Corporation (Whirlpool)
timely withdrew its request for review
of Burner Systems International (BSI);
consequently, we rescind the
administrative review with regard to
AGENCY:
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BSI. Interested parties are invited to
comment on these preliminary results.
DATES: Effective December 9, 2016.
FOR FURTHER INFORMATION CONTACT:
Mark Flessner or Erin Kearney, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–6312 or (202) 482–0167,
respectively.
SUPPLEMENTARY INFORMATION:
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Background
On January 7, 2016, the Department
published a notice of initiation of an
administrative review of the
antidumping duty order 1 on certain
circular welded non-alloy steel pipe
from Mexico.2 This administrative
review covers eight producers/exporters
of the subject merchandise.3 As
explained in the memorandum from the
Acting Assistant Secretary for
Enforcement & Compliance, the
Department has exercised its discretion
to toll all administrative deadlines due
to the recent closure of the Federal
Government.4 All deadlines in this
segment of the proceeding have been
extended by four business days. On July
26, 2016, and October 20, 2016, the
Department extended the deadline for
the preliminary results.5 The revised
1 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) (the Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
736 (January 7, 2016) (Initiation Notice).
3 Those eight companies are: (1) Conduit, S.A. de
C.V. (Conduit), (2) Lamina y Placa, (3) Maquilacero,
(4) Mueller, (5) Productos Laminados de Monterrey,
S.A. de C.V. (Prolamsa), (6) PYTCO, S.A. de C.V.
(PYTCO), (7) Regiopytsa, and (8) Ternium Mexico,
S.A. de C.V. (Ternium). In addition, a review was
requested by Whirlpool for BSI; however, all review
requests for BSI were timely withdrawn; see the
section entitled ‘‘Partial Rescission of
Administrative Review,’’ below.
4 See Memorandum to the Record from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, regarding ‘‘Tolling of Administrative
Deadlines As a Result of the Government Closure
During Snowstorm Jonas,’’ dated January 27, 2016.
5 See Memorandum from Mark Flessner to
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
entitled, ‘‘Certain Circular Welded Non-Alloy Steel
Pipe From Mexico: Extension of Time Limit for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated July 26, 2016; see
also Memorandum from Mark Flessner to Christian
Marsh, Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, entitled,
‘‘Certain Circular Welded Non-Alloy Steel Pipe
From Mexico: Extension of Time Limit for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated October 20, 2016.
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deadline for the preliminary results of
this review is now December 5, 2016.
Scope of the Order
The products covered by the order are
circular welded non-alloy steel pipes
and tubes. 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 Preliminary
Decision Memorandum,6 which is
hereby adopted by this notice and
incorporated herein by reference. 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 and available
to all parties 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 on the Internet at
https://enforcement.trade.gov/frn. The
signed Preliminary Decision
Memorandum and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Partial Rescission of Administrative
Review
On November 3, 2015, the Department
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping order on certain circular
welded non-alloy steel pipe from
Mexico.7 The Department received
multiple timely requests for an
administrative review of the AD order
on certain circular welded non-alloy
steel pipe from Mexico and, on January
7, 2016, in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act), the Department
6 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance,
entitled, ‘‘Preliminary Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review: Certain Circular Welded
Non-Alloy Steel Pipe from Mexico; 2014–2015’’
(Preliminary Decision Memorandum).
7 See Antidumping or Countervailing Duty Order,
Finding, or Suspension Agreement; Opportunity to
Request Administrative Review, 80 FR 67706
(November 3, 2015).
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initiated a review of nine companies in
this proceeding.8 In response to a
timely-filed withdrawal request by
Whirlpool, we are rescinding this
administrative review with respect to
BSI pursuant to 19 CFR 351.213(d)(1).9
Accordingly, the companies subject to
the instant review are: Conduit, Lamina
y Placa, Maquilacero, Mueller,
Prolamsa, PYTCO, Regiopytsa, and
Ternium, of which the Department has
selected Maquilacero and Regiopytsa as
the mandatory respondents.10
Preliminary Determination of No
Shipments
Lamina y Placa and Mueller reported
that they made no sales of subject
merchandise during the POR.11 On
November 28, 2016, we issued a noshipment inquiry to CBP to confirm the
claims of no shipments by Lamina y
Placa and Mueller. We have not yet
received CBP’s response to our inquiry.
Therefore, based on the claims of no
shipments by Lamina y Placa and
Mueller, and because the record
currently contains no information to the
contrary, we preliminarily determine
that Lamina y Placa and Mueller had no
shipments of subject merchandise and,
therefore, no reviewable transactions
during the POR. However, we intend to
consider information received from CBP
in response to our no-shipment inquiry
for the final results of this review.
Moreover, consistent with our practice,
we are not preliminarily rescinding the
review with respect to Lamina y Placa
and Mueller but, rather, we will
complete the review with respect to
these companies and issue appropriate
instructions to CBP based on the final
results of this review.12
8 See
Initiation Notice.
the Preliminary Decision Memorandum at
the section entitled, ‘‘Partial Rescission.’’
10 See Memorandum from Mark Flessner to Scot
Fullerton, Director, Antidumping and
Countervailing Duty Operations Office VI, entitled,
‘‘Respondent Selection for the Administrative
Review Circular Welded Non-Alloy Steel Pipe from
Mexico, 2014–2015,’’ dated March 21, 2016
(Respondent Selection Memorandum).
11 See Letter from Lamina y Placa to the Secretary
of Commerce entitled, ‘‘Certain Circular Welded
Non-Alloy Steel Pipe from Mexico: Notice of No
Sales,’’ dated January 19, 2016. See also Letter from
Mueller to the Secretary of Commerce entitled,
‘‘Certain Circular Welded Non-Alloy Steel Pipe
from Mexico: Certification of No Shipments,’’ dated
February 9, 2016.
12 See, e.g., Certain Frozen Warmwater Shrimp
From Thailand; Preliminary Results of
Antidumping Duty Administrative Review, Partial
Rescission of Review, Preliminary Determination of
No Shipments; 2012–2013, 79 FR 15951, 15952
(March 24, 2014), unchanged in Certain Frozen
Warmwater Shrimp From Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR at 51306
(August 28, 2014).
9 See
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Methodology
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The Department is conducting this
review in accordance with section
751(a)(2) of the Act. Export price (EP) is
calculated in accordance with section
772 of the Act. Normal value (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. A list of topics
discussed in the Preliminary Decision
Memorandum is included as an
appendix to this notice.
companies, as set forth in the chart
above.
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.15 For any individually
examined respondent whose weightedaverage dumping margin is above de
minimis (i.e., 0.50 percent), we will
calculate importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
Preliminary Results of the Review
calculated for the importer’s examined
sales to the total entered value of those
As a result of this review, we
same sales in accordance with 19 CFR
preliminarily determine the following
351.212(b)(1). Where either a
weighted-average dumping margins for
respondent’s weighted-average dumping
the POR:
margin is zero or de minimis, or an
Weighted- importer-specific assessment rate is zero
average
or de minimis, we will instruct CBP to
Exporter or producer
dumping
liquidate the appropriate entries
margin
without regard to antidumping duties.
(%)
For entries of subject merchandise
Maquilacero, S.A. de C.V ...........
7.32 during the POR produced by each
Regiomontana de Perfiles y
respondent for which it did not know its
Tubos, S.A. de C.V. and
merchandise was destined for the
PYTCO, S.A. de C.V. 13 ..........
2.14 United States, we will instruct CBP to
Conduit, S.A. de C.V ..................
3.30
liquidate un-reviewed entries at the allProductos Laminados de
Monterrey, S.A. de C.V ...........
3.30 others rate if there is no rate for the
Ternium Mexico, S.A. de C.V .....
3.30 intermediate company involved in the
transaction.16
We intend to issue instructions to
For the rate for non-selected
CBP 15 days after publication of the
respondents in an administrative
final results of this review.
review, generally, the Department looks
Cash Deposit Requirements
to section 735(c)(5) of the Act, which
provides instructions for calculating the
The following deposit requirements
all-others rate in a market economy
will be effective upon publication of the
investigation. Under section
notice of final results of administrative
735(c)(5)(A) of the Act, the all-others
review for all shipments of certain
rate is normally ‘‘an amount equal to the circular welded non-alloy steel pipe
weighted-average of the estimated
from Mexico entered, or withdrawn
weighted-average dumping margins
from warehouse, for consumption on or
established for exporters and producers
after the date of publication as provided
individually investigated, excluding any by section 751(a)(2) of the Act: (1) The
zero or de minimis margins, and any
cash deposit rates for Conduit,
margins determined entirely {on the
Maquilacero, Prolamsa, Regiopytsa, and
basis of facts available}.’’ Because
Ternium will be the weighted-average
applying our normal methodology of
dumping margins established in the
calculating a weighted-average dumping final results of this administrative
margin in this case could indirectly
review except if the rates are de minimis
disclose business proprietary
within the meaning of 19 CFR
information, we have instead calculated 351.106(c)(1), in which case the cash
a weighted-average margin for the nondeposit rates will be zero; (2) for
selected respondents using the publicly merchandise exported by manufacturers
available, ranged total U.S. sales values
or exporters not covered in this review
of the selected respondents.14
15 In these preliminary results, the Department
Accordingly, we have applied a rate of
applied the assessment rate calculation method
3.30 percent to the non-selected
13 The Department has preliminarily determined
to treat Regiomontana de Perfiles y Tubos, S.A. de
C.V., and PYTCO, S.A. de C.V., as a single entity.
See Preliminary Decision Memorandum.
14 For further discussion, see the Preliminary
Decision Memorandum.
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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).
16 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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89049
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-fairvalue 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 original less-than-fair-value
investigation.17 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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.18
Pursuant to 19 CFR 351.309(c),
interested parties may submit cases
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.19 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.20 Case and rebuttal briefs
should be filed using ACCESS.21
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing 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 Time within 30 days
after the date of publication of this
notice.22 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
17 See Final Determination of Sales at Less Than
Fair Value: Circular Welded Non-Alloy Steel Pipe
From Mexico, 57 FR 42953 (September 17, 1992).
18 See 19 CFR 351.224(b).
19 See 19 CFR 351.309(d).
20 See 19 CFR 351.309(c)(2) and (d)(2).
21 See 19 CFR 351.303.
22 See 19 CFR 351.310(c).
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Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices
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, 1401 Constitution Avenue
NW., Washington, DC 20230.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2), 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
issuance of these preliminary results.
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 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
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Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
Summary
Background
Scope of the Order
Partial Rescission of Administrative Review
Preliminary Determination of No Shipments
Unexamined Respondents
Postponement of Preliminary Determination
Methodology
Fair Value Comparisons
Determination of Comparison Method
Product Comparisons
Date of Sale
Level of Trade
Export Price
Cost of Production
Normal Value
Currency Conversion
Recommendation
[FR Doc. 2016–29544 Filed 12–8–16; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Preliminary Results
and Partial Rescission of the 21st
Antidumping Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) is conducting the 21st
administrative review of the
antidumping duty order on fresh garlic
from the People’s Republic of China
(PRC), covering the period of review
(POR) November 1, 2014, through
October 31, 2015. This review covers 42
manufacturers/exporters of subject
merchandise. We preliminarily find that
the mandatory respondents Zhengzhou
Harmoni Spice Co., Ltd (Harmoni) and
Qingdao Tiantaixing Foods Co., Ltd.
(QTF) each failed to cooperate to the
best of its ability. As a result, we
preliminarily find that Harmoni has not
rebutted the presumption that it is part
of the PRC-wide entity, and we
preliminarily base QTF’s dumping
margin on adverse facts available. In
addition, we preliminarily find that
voluntary respondent Shenzhen
Xinboda Industrial Co., Ltd. (Xinboda)
made sales of subject merchandise at
less than normal value (NV). We invite
interested parties to comment on these
preliminary results.
DATES: Effective December 9, 2016.
FOR FURTHER INFORMATION CONTACT:
Kathryn Wallace or Alexander Cipolla,
AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–6251 or
(202) 482–4956.
AGENCY:
Scope of the Order
The merchandise covered by the order
includes all grades of garlic, whole or
separated into constituent cloves. Fresh
garlic that are subject to the order are
currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) 0703.20.0010,
0703.20.0020, and 0703.20.0090.
Although the HTSUS numbers are
provided for convenience and customs
purposes, the written product
description remains dispositive. For a
full description of the scope of this
order, please see ‘‘III. Scope of the
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Order’’ in the accompanying
Preliminary Decision Memorandum.1
Partial Rescission of Administrative
Review
On January 7, 2016, the Department
initiated a review of 42 companies in
this proceeding.2 On March 11, 2016,
withdrawal requests were timely filed
for 14 companies.3 The Department is,
therefore, partially rescinding this
review with respect to the companies
listed in Appendix I, in accordance with
19 CFR 351.213(d)(1).
Affiliation
For the reasons set forth in the
Preliminary Decision Memorandum and
in accordance with 19 CFR 351.401(f),
and the Department’s practice, we are
treating QTF, Qingdao Tianhefeng
Foods Co., Ltd. (QTHF), Qingdao
Beixing Trading Co., Ltd. (QBT),
Qingdao Lianghe International Trade
Co., Ltd. (Lianghe), and Qingdao
Xintianfeng Foods Co., Ltd (QXF) as a
single entity, for the purposes of this
preliminary determination.4
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act). Export prices were
calculated in accordance with section
772(a) of the Act. Because the PRC is a
non-market economy (NME) within the
meaning of section 771(18) of the Act,
NV has been calculated in accordance
with section 773(c) of the Act. We
relied, in part, on the facts available,
with adverse inferences, for our
preliminary determination, in
accordance with section 776 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, which is hereby
adopted by this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
1 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Decision
Memorandum for the Preliminary Results of the
2014–2015 Antidumping Duty Administrative
Review: Fresh Garlic From the People’s Republic of
China’’ (December 5, 2016) (Preliminary Decision
Memorandum).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
736 (January 7, 2016) (Initiation Notice). For a list
of the 42 companies, see id. at 81 FR 738–739.
3 See Letter from Petitioners, ‘‘21st
Administrative Review of the Antidumping Duty
Order on Fresh Garlic From the People’s Republic
of China—Petitioners’ Withdrawal of Certain
Requests for Administrative Review,’’ (March 11,
2016).
4 See Preliminary Decision Memorandum
‘‘Affiliations’’ section.
E:\FR\FM\09DEN1.SGM
09DEN1
]]>Agencies
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Notices]
[Pages 89047-89050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29544]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-805]
Certain Circular Welded Non-Alloy Steel Pipe From Mexico;
Preliminary Results, Preliminary Determination of No Shipments, and
Partial Rescission of Antidumping Duty Administrative Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on certain circular
welded non-alloy steel pipe from Mexico. The period of review (POR) is
November 1, 2014, through October 31, 2015. This review covers eight
producers/exporters of the subject merchandise, including two
respondents selected for individual examination: Maquilacero, S.A. de
C.V. (Maquilacero) and Regiomontana de Perfiles y Tubos, S.A. de C.V.
(Regiopytsa). We preliminarily determine that Maquilacero and
Regiopytsa made sales of subject merchandise at less than normal value
during the POR. Additionally, we preliminarily determine that Lamina y
Placa Comercial, S.A. de C.V. (Lamina y Placa) and Mueller Comercial de
Mexico, S. de R.L. de C.V. (Mueller) had no shipments during the POR.
Whirlpool Corporation (Whirlpool) timely withdrew its request for
review of Burner Systems International (BSI); consequently, we rescind
the administrative review with regard to
[[Page 89048]]
BSI. Interested parties are invited to comment on these preliminary
results.
DATES: Effective December 9, 2016.
FOR FURTHER INFORMATION CONTACT: Mark Flessner or Erin Kearney, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-6312 or (202) 482-0167,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 7, 2016, the Department published a notice of initiation
of an administrative review of the antidumping duty order \1\ on
certain circular welded non-alloy steel pipe from Mexico.\2\ This
administrative review covers eight producers/exporters of the subject
merchandise.\3\ As explained in the memorandum from the Acting
Assistant Secretary for Enforcement & Compliance, the Department has
exercised its discretion to toll all administrative deadlines due to
the recent closure of the Federal Government.\4\ All deadlines in this
segment of the proceeding have been extended by four business days. On
July 26, 2016, and October 20, 2016, the Department extended the
deadline for the preliminary results.\5\ The revised deadline for the
preliminary results of this review is now December 5, 2016.
---------------------------------------------------------------------------
\1\ 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) (the Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 736 (January 7, 2016) (Initiation
Notice).
\3\ Those eight companies are: (1) Conduit, S.A. de C.V.
(Conduit), (2) Lamina y Placa, (3) Maquilacero, (4) Mueller, (5)
Productos Laminados de Monterrey, S.A. de C.V. (Prolamsa), (6)
PYTCO, S.A. de C.V. (PYTCO), (7) Regiopytsa, and (8) Ternium Mexico,
S.A. de C.V. (Ternium). In addition, a review was requested by
Whirlpool for BSI; however, all review requests for BSI were timely
withdrawn; see the section entitled ``Partial Rescission of
Administrative Review,'' below.
\4\ See Memorandum to the Record from Ron Lorentzen, Acting A/S
for Enforcement & Compliance, regarding ``Tolling of Administrative
Deadlines As a Result of the Government Closure During Snowstorm
Jonas,'' dated January 27, 2016.
\5\ See Memorandum from Mark Flessner to Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, entitled, ``Certain Circular Welded Non-Alloy Steel Pipe
From Mexico: Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review,'' dated July 26, 2016; see
also Memorandum from Mark Flessner to Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, entitled, ``Certain Circular Welded Non-Alloy Steel Pipe
From Mexico: Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review,'' dated October 20, 2016.
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Scope of the Order
The products covered by the order are circular welded non-alloy
steel pipes and tubes. 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 Preliminary Decision Memorandum,\6\ which
is hereby adopted by this notice and incorporated herein by reference.
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 and
available to all parties 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 on the
Internet at https://enforcement.trade.gov/frn. The signed Preliminary
Decision Memorandum and electronic versions of the Preliminary Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\6\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, entitled, ``Preliminary Decision
Memorandum for the Preliminary Results of the Antidumping Duty
Administrative Review: Certain Circular Welded Non-Alloy Steel Pipe
from Mexico; 2014-2015'' (Preliminary Decision Memorandum).
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Partial Rescission of Administrative Review
On November 3, 2015, the Department published in the Federal
Register a notice of opportunity to request an administrative review of
the antidumping order on certain circular welded non-alloy steel pipe
from Mexico.\7\ The Department received multiple timely requests for an
administrative review of the AD order on certain circular welded non-
alloy steel pipe from Mexico and, on January 7, 2016, in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act),
the Department initiated a review of nine companies in this
proceeding.\8\ In response to a timely-filed withdrawal request by
Whirlpool, we are rescinding this administrative review with respect to
BSI pursuant to 19 CFR 351.213(d)(1).\9\ Accordingly, the companies
subject to the instant review are: Conduit, Lamina y Placa,
Maquilacero, Mueller, Prolamsa, PYTCO, Regiopytsa, and Ternium, of
which the Department has selected Maquilacero and Regiopytsa as the
mandatory respondents.\10\
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\7\ See Antidumping or Countervailing Duty Order, Finding, or
Suspension Agreement; Opportunity to Request Administrative Review,
80 FR 67706 (November 3, 2015).
\8\ See Initiation Notice.
\9\ See the Preliminary Decision Memorandum at the section
entitled, ``Partial Rescission.''
\10\ See Memorandum from Mark Flessner to Scot Fullerton,
Director, Antidumping and Countervailing Duty Operations Office VI,
entitled, ``Respondent Selection for the Administrative Review
Circular Welded Non-Alloy Steel Pipe from Mexico, 2014-2015,'' dated
March 21, 2016 (Respondent Selection Memorandum).
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Preliminary Determination of No Shipments
Lamina y Placa and Mueller reported that they made no sales of
subject merchandise during the POR.\11\ On November 28, 2016, we issued
a no-shipment inquiry to CBP to confirm the claims of no shipments by
Lamina y Placa and Mueller. We have not yet received CBP's response to
our inquiry. Therefore, based on the claims of no shipments by Lamina y
Placa and Mueller, and because the record currently contains no
information to the contrary, we preliminarily determine that Lamina y
Placa and Mueller had no shipments of subject merchandise and,
therefore, no reviewable transactions during the POR. However, we
intend to consider information received from CBP in response to our no-
shipment inquiry for the final results of this review. Moreover,
consistent with our practice, we are not preliminarily rescinding the
review with respect to Lamina y Placa and Mueller but, rather, we will
complete the review with respect to these companies and issue
appropriate instructions to CBP based on the final results of this
review.\12\
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\11\ See Letter from Lamina y Placa to the Secretary of Commerce
entitled, ``Certain Circular Welded Non-Alloy Steel Pipe from
Mexico: Notice of No Sales,'' dated January 19, 2016. See also
Letter from Mueller to the Secretary of Commerce entitled, ``Certain
Circular Welded Non-Alloy Steel Pipe from Mexico: Certification of
No Shipments,'' dated February 9, 2016.
\12\ See, e.g., Certain Frozen Warmwater Shrimp From Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp From Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at
51306 (August 28, 2014).
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[[Page 89049]]
Methodology
The Department is conducting this review in accordance with section
751(a)(2) of the Act. Export price (EP) is calculated in accordance
with section 772 of the Act. Normal value (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. A list of topics discussed in the Preliminary Decision
Memorandum is included as an appendix to this notice.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(%)
------------------------------------------------------------------------
Maquilacero, S.A. de C.V.................................... 7.32
Regiomontana de Perfiles y Tubos, S.A. de C.V. and PYTCO, 2.14
S.A. de C.V. \13\..........................................
Conduit, S.A. de C.V........................................ 3.30
Productos Laminados de Monterrey, S.A. de C.V............... 3.30
Ternium Mexico, S.A. de C.V................................. 3.30
------------------------------------------------------------------------
For the rate for non-selected respondents in an administrative
review, generally, the Department looks to section 735(c)(5) of the
Act, which provides instructions for calculating the all-others rate in
a market economy investigation. Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ``an amount equal to the weighted-
average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated, excluding any
zero or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .'' Because applying our normal
methodology of calculating a weighted-average dumping margin in this
case could indirectly disclose business proprietary information, we
have instead calculated a weighted-average margin for the non-selected
respondents using the publicly available, ranged total U.S. sales
values of the selected respondents.\14\ Accordingly, we have applied a
rate of 3.30 percent to the non-selected companies, as set forth in the
chart above.
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\13\ The Department has preliminarily determined to treat
Regiomontana de Perfiles y Tubos, S.A. de C.V., and PYTCO, S.A. de
C.V., as a single entity. See Preliminary Decision Memorandum.
\14\ For further discussion, see the Preliminary Decision
Memorandum.
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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.\15\ For any individually
examined respondent whose weighted-average dumping margin is above de
minimis (i.e., 0.50 percent), we will calculate importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the 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 will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. For entries
of subject merchandise during the POR produced by each respondent for
which it did not know its merchandise was destined for the United
States, we will instruct CBP to liquidate un-reviewed entries at the
all-others rate if there is no rate for the intermediate company
involved in the transaction.\16\
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\15\ 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).
\16\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue instructions to CBP 15 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 certain circular welded non-alloy steel pipe from
Mexico entered, or withdrawn from warehouse, for consumption on or
after the date of publication as provided by section 751(a)(2) of the
Act: (1) The cash deposit rates for Conduit, Maquilacero, Prolamsa,
Regiopytsa, and Ternium will be the weighted-average dumping margins
established in the final results of this administrative review except
if the rates are de minimis within the meaning of 19 CFR 351.106(c)(1),
in which case the cash deposit rates 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
original less-than-fair-value investigation.\17\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\17\ See Final Determination of Sales at Less Than Fair Value:
Circular Welded Non-Alloy Steel Pipe From Mexico, 57 FR 42953
(September 17, 1992).
---------------------------------------------------------------------------
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.\18\
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
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.\19\ 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.\20\ Case and rebuttal briefs should be filed using
ACCESS.\21\
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\18\ See 19 CFR 351.224(b).
\19\ See 19 CFR 351.309(d).
\20\ See 19 CFR 351.309(c)(2) and (d)(2).
\21\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing 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 Time within 30 days after the date of publication
of this notice.\22\ 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
[[Page 89050]]
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, 1401 Constitution Avenue NW., Washington,
DC 20230.
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\22\ See 19 CFR 351.310(c).
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), 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 issuance of these preliminary results.
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 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
Summary
Background
Scope of the Order
Partial Rescission of Administrative Review
Preliminary Determination of No Shipments
Unexamined Respondents
Postponement of Preliminary Determination
Methodology
Fair Value Comparisons
Determination of Comparison Method
Product Comparisons
Date of Sale
Level of Trade
Export Price
Cost of Production
Normal Value
Currency Conversion
Recommendation
[FR Doc. 2016-29544 Filed 12-8-16; 8:45 am]
BILLING CODE 3510-DS-P
