Notice of Amended Final Determination of Sales at Less Than Fair Value: Light-Walled Rectangular Pipe and Tube From Mexico, 45400-45402 [E8-17719]

Download as PDF 45400 Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Notices deposit will be required; 2) for previously reviewed or investigated companies not participating in this review, the cash deposit rate will continue to be the company–specific rate published for the most recent period; 3) if the exporter is not a firm covered in this review, or the initial less–than-fair–value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and 4) the cash deposit rate for all other manufacturers or exporters will continue to be 12.61 percent, the all others rate made effective by the LTFV investigation. See SSSSC Order, 64 FR at 40557. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) 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 occurred and the subsequent assessment of double antidumping duties. These preliminary results of administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221. Dated: July 30, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–17935 Filed 8–4–04; 8:45 am] DEPARTMENT OF COMMERCE International Trade Administration DEPARTMENT OF COMMERCE [A–201–836] International Trade Administration dwashington3 on PRODPC61 with NOTICES The Ohio State University, et al.; Notice of Consolidated Decision on Applications for Duty-Free Entry of Electron Microscopes This is a decision consolidated pursuant to Section 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301). Related records can be viewed between 8:30 a.m. and 5 p.m. in Room 2104, U.S. Department of Commerce, 14th and 14:19 Aug 04, 2008 Dated: July 25, 2008. Faye Robinson, Director, Statutory Import Programs Staff, Import Administration. [FR Doc. E8–17723 Filed 8–4–08; 8:45 am] BILLING CODE 3510–DS–M BILLING CODE 3510–DS–S VerDate Aug<31>2005 Constitution Avenue, NW., Washington, DC. Docket Number: 08–027. Applicant: The Ohio State University, Columbus, OH 43210. Instrument: Electron Microscope, Model Helios 600. Manufacturer: FEI Company/Phillips Electron Optics, The Netherlands. Intended Use: See notice at 73 FR 37408, July 1, 2008. Docket Number: 08–029. Applicant: Vanderbilt University, Nashville, TN 37232–8725. Instrument: Electron Microscope, Model Tecnai G2 F20 TWIN. Manufacturer: FEI Company, The Netherlands. Intended Use: See notice at 72 FR 37408, July 1, 2008. Docket Number: 08–030. Applicant: University of Washington, Seattle, WA 98195. Instrument: Electron Microscope, Model Tecnai G2 F20 S–TWIN. Manufacturer: FEI Company, The Netherlands. Intended Use: See notice at 72 FR 34708, July 1, 2008. Comments: None received. Decision: Approved. No instrument of equivalent scientific value to the foreign instrument, for such purposes as these instruments are intended to be used, was being manufactured in the United States at the time the instruments were ordered. Reasons: Each foreign instrument is an electron microscope and is intended for research or scientific educational uses requiring an electron microscope. We know of no electron microscope, or any other instrument suited to these purposes, which was being manufactured in the United States at the time of order of each instrument. Jkt 214001 Notice of Amended Final Determination of Sales at Less Than Fair Value: Light-Walled Rectangular Pipe and Tube From Mexico Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: August 5, 2008. FOR FURTHER INFORMATION CONTACT: Patrick Edwards or Judy Lao, Import Administration, International Trade Administration, U.S. Department of Commerce (the Department), 14th Street and Constitution Avenue, NW., AGENCY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Washington, DC 20230; telephone: (202) 482–8029 or (202) 482–7924, respectively. Amendment to Final Determination In accordance with sections 735(a) and 777(i)(1) of the Tariff Act of 1930, as amended, (the Act), on June 13, 2008, the Department made a final determination of sales at less than fair value (LTFV) in the investigation of light-walled rectangular pipe and tube from Mexico. The final determination was subsequently released to all parties in the proceeding, and published in the Federal Register on June 24, 2008. See Notice of Final Determination of Sales at Less Than Fair Value: Light-Walled Rectangular Pipe and Tube from Mexico, 73 FR 35649 (June 24, 2008) (Final Determination). On June 23, 2008, and pursuant to 19 CFR 351.224(c)(2), we received timely-filed allegations from respondents, Maquilacero S.A. de C.V. (Maquilacero) and Productos Laminados de Monterrey SA. de C.V. (PROLAMSA), that the Department made ministerial errors with respect to its final dumping margin calculations for both companies. See Letter from Maquilacero S.A. de C.V. to the Department of Commerce, regarding ‘‘Ministerial Error Comments,’’ dated June 23, 2008 (Maquilacero Ministerial Letter); see also Letter from Productos Laminados de Monterrey S.A. de C.V., regarding ‘‘Ministerial Error Comments,’’ dated June 23, 2008 (PROLAMSA Ministerial Letter). On June 25, 2008, we received comments from petitioners regarding the ministerial errors alleged by PROLAMSA. See Letter from Petitioners to the Department, regarding the ministerial errors alleged by PROLAMSA, dated June 25, 2008. After analyzing respondents’ ministerial error comments, we have determined, in accordance with 19 CFR 351.224(e), that we made the following ministerial errors with respect to our final dumping margin calculations for Maquilacero and PROLAMSA. Maguilacero The Department has revised its margin calculation for Maquilacero with regard to certain expense adjustments. Specifically, the Department inadvertently did not adjust the comparison and U.S. market net prices for certain expenses reported in Maquilacero’s sales databases, i.e., maqhm06b and maqus06b.1 See 1 The Department verified these adjustments during its verification of Maquilacero’s comparison and U.S. market sales. See Verification of the Sales Responses of Maquilacero S.A. de C.V in the Antidumping Investigation of Light-Walled E:\FR\FM\05AUN1.SGM 05AUN1 45401 Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Notices Maquilacero Ministerial Letter. The Department has revised its calculation of both the comparison and U.S. market net prices to adjust for these expenses as intended. For a detailed discussion of the ministerial errors alleged by Maquilacero as well as the Department’s analysis, see Memorandum from the Team to Richard O. Weible, entitled, ‘‘Ministerial Error Allegation in the Final Determination of the Antidumping Duty Investigation of Light-Walled Rectangular Pipe and Tube from Mexico: Maquilacero S.A. de C.V.,’’ dated July 24, 2008. Correcting these errors results in a revised margin of 2.40 percent for Maquilacero as indicated in the ‘‘Amended Cash Deposits’’ section below. PROLAMSA The Department has revised its margin calculation for PROLAMSA, to correct for two errors. First, the Department inadvertently applied the incorrect scrap offset factor in calculating PROLAMSA’s cost of direct materials in its final determination. Based on the Department’s findings at verification, the Department recalculated PROLAMSA’s variance factor to exclude the cost of direct materials for semi-finished products. See Memorandum from Gina K. Lee, Accountant, to the File, regarding ‘‘Verification of the Cost Response of Prolamsa (A–201–836),’’ dated April 15, 2008 (PROLAMSA Cost Verification Report) at 2, 19–20. However, the Department inadvertently applied the original scrap offset factor to calculate PROLAMSA’s cost of direct materials net of scrap revenue (DMNET) for the final determination. See PROLAMSA Ministerial Letter at 2. The Department is, therefore, revising its calculation of DMNET to reflect the revised scrap offset factor, as intended. Second, because the Department has revised PROLAMSA’s total cost of manufacturing as described above, the Department is consequently revising the calculation of PROLAMSA’s inventory carrying costs during the period of investigation because these costs are based upon PROLAMSA’s cost of manufacturing. PROLAMSA further alleged a ministerial error with regard to the Department’s calculation of its total cost of manufacturing. See PROLAMSA Ministerial Letter at 3–4. Specifically, PROLAMSA alleges that the Department made a mathematical calculation error by applying the adjusted variance factor to its total cost of manufacturing which includes an amount for the B–10 adjustment.2 After reviewing PROLAMSA’s allegation, we have determined that the alleged error is methodological in nature and, therefore, does not constitute a ministerial error within the meaning of 19 CFR 351.224(f). For a detailed discussion of the ministerial errors alleged by PROLAMSA as well as the Department’s analysis, see Memorandum from the Team to Richard O. Weible, entitled, ‘‘Ministerial Error Allegations in the Final Determination of the Antidumping Duty Investigation of Light-Walled Rectangular Pipe and Tube from Mexico: Productos Laminados de Monterrey S.A. de C.V.,’’ dated July 24, 2008. Correcting the scrap offset factor and adjusting the calculation of PROLAMSA’s inventory carrying costs to account for this correction, results in a revised margin for PROLAMSA of 5.12 percent as indicated in the ‘‘Amended Cash Deposits’’ section below. Therefore, in accordance with 19 CFR 35 1.224(e), we are amending the final determination of sales at LTFV in the antidumping duty investigation of lightwalled rectangular pipe and tube from Mexico for Maquilacero and PROLAMSA. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated all-others rate shall be an amount equal to the weighted-average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins and any margins determined entirely under section 776 of the Act. For this amended final determination, we have calculated amended margins for Maquilacero and PROLAMSA that are both above de minimis . Notwithstanding the language of section 705(c)(1)(B)(i)(I) of the Act, we have not calculated the all-others rate by weight averaging the rates of Maquilacero and PROLAMSA, because doing so risks disclosure of proprietary information. Therefore, for purposes of determining the all-others rate, and pursuant to section 735(c)(5)(A) of the Act, we are using the simple-average rate of the amended dumping margins calculated for Maquilacero and PROLAMSA, i.e., 3.76 percent. Amended Cash Deposits The revised weighted-average dumping margins are as follows: 3 Final determination weighted average Manufacturer/exporter Amended final weighted average margin percentage 2.94 5.73 4.33 4.33 4.33 4.33 4.33 4.33 4.33 4.33 2.40 5.12 3.76 3.76 3.76 3.76 3.76 3.76 3.76 3.76 dwashington3 on PRODPC61 with NOTICES Maquilacero S.A. de C.V. .................................................................................................................................... Productos Laminados de Monterrey S.A. de C.V. .............................................................................................. Arco Metal S.A. de C.V. ...................................................................................................................................... Hylsa S.A. de C.V. ............................................................................................................................................... Internacional de Aceros, S.A. de C.V. ................................................................................................................ Perfiles y Herrajes LM, S.A. de C.V. ................................................................................................................... Regiomontana de Perfiles y Tubos ..................................................................................................................... Talleres Acero Rey S.A. de C.V. ......................................................................................................................... Tuberia Laguna, S.A. de C.V. ............................................................................................................................. All-Others ............................................................................................................................................................. Rectangular Pipe and Tube from Mexico, dated April 11, 2008. 2 In the Final Determination, the Department increased the total cost of manufacturing for each product by the percentage difference between the subject merchandise variance percentage recalculated by the Department and the variance percentage previously reported by PROLAMSA. See ‘‘Issues and Decision Memorandum for the Final Determination of the Antidumping Duty Investigation of Light-Walled Rectangular Pipe and VerDate Aug<31>2005 14:19 Aug 04, 2008 Jkt 214001 Tube from Mexico,’’ from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated June 13, 2008. See also ‘‘Cost of Production and Constructed Value Calculation Adjustments for the Final Determination: Productos Laminados de Monterrey S.A. de C.V.,’’ memorandum from Gina K. Lee to Neal M. Halper, dated June 13, 2008. 3 The Department determined an adverse facts available (AFA) rate of 11.50 percent in the final PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 determination of sales at LTFV of this investigation for certain Mexican producers and/or exporters of LWR that were non-responsive to our requests for information. The Department based the AFA rate upon the highest estimated margin alleged in the petition. See Notice of Final Determination of Sales at Less Than Fair Value: Light-Walled Rectangular Pipe and Tube from Mexico, 73 FR 35649 (June 24, 2008). We note that the AFA rate of 11.50 percent continues to apply for these companies. E:\FR\FM\05AUN1.SGM 05AUN1 45402 Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Notices Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we are directing U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of light-walled rectangular pipe and tube from Mexico. CBP shall require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price as indicated in the chart above. These instructions suspending liquidation will remain in effect until further notice. This amended determination is issued and published pursuant to section 735(e) of the Act. Dated: July 24, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–17719 Filed 8–4–08; 8:45 am] Case History The Preliminary Results for this administrative review were published on May 23, 2008. In the Preliminary Results, the Department stated that interested parties were to submit case briefs within 30 days of publication of the preliminary results and rebuttal briefs within five days after the time limit for filing case briefs. No interested party submitted a case or rebuttal brief. Verification The Department did not conduct verification in this new shipper review. Hearing No party requested a hearing for this new shipper review. Period of Review The period of review (‘‘POR’’) covers February 1, 2007, through July 31, 2007. dwashington3 on PRODPC61 with NOTICES BILLING CODE 3510–DS–M Scope of the Order The products covered by this order DEPARTMENT OF COMMERCE are certain preserved mushrooms, whether imported whole, sliced, diced, International Trade Administration or as stems and pieces. The certain [A–570–851] preserved mushrooms covered under this order are the species Agaricus Certain Preserved Mushrooms from bisporus and Agaricus bitorquis. the People’s Republic of China: Final ‘‘Certain Preserved Mushrooms’’ refers Results of the Antidumping Duty New to mushrooms that have been prepared Shipper Review or preserved by cleaning, blanching, and sometimes slicing or cutting. These AGENCY: Import Administration, mushrooms are then packed and heated International Trade Administration, in containers including, but not limited Department of Commerce. to, cans or glass jars in a suitable liquid SUMMARY: On May 23, 2008, the medium, including, but not limited to, Department of Commerce water, brine, butter or butter sauce. (‘‘Department’’) published in the Federal Register the preliminary results Certain preserved mushrooms may be imported whole, sliced, diced, or as of the new shipper review of the stems and pieces. Included within the antidumping duty order on certain preserved mushrooms from the People’s scope of this order are ‘‘brined’’ mushrooms, which are presalted and Republic of China (‘‘PRC’’) for packed in a heavy salt solution to Dujiangyan Xingda Foodstuff Co., Ltd. provisionally preserve them for further (‘‘Xingda’’). See Certain Preserved processing.1 Mushrooms from the People’s Republic Excluded from the scope of this order of China: Preliminary Results of the Antidumping Duty New Shipper Review, are the following: (1) All other species of mushroom, including straw 73 FR 30054 (May 23, 2008) mushrooms; (2) all fresh and chilled (‘‘Preliminary Results’’). We gave mushrooms, including ‘‘refrigerated’’ or interested parties an opportunity to ‘‘quick blanched mushrooms’’ (3) dried comment on the Preliminary Results, mushrooms; (4) frozen mushrooms; and but we did not receive any comments. (5) ‘‘marinated,’’ ‘‘acidified,’’ or Therefore, we made no changes to the dumping margin calculations for these 1 On June 19, 2000, the Department affirmed that final results. ‘‘marinated,’’ ‘‘acidified,’’ or ‘‘pickled’’ mushrooms EFFECTIVE DATE: August 5, 2008. containing less than 0.5 percent acetic acid are within the scope of the antidumping duty order. FOR FURTHER INFORMATION CONTACT: Zev See Recommendation Memorandum–Final Ruling Primor at (202) 482–4114; AD/CVD of Request by Tak Fat, et al. for Exclusion of Certain Operations, Office 4, Import Marinated, Acidified Mushrooms from the Scope of Administration, International Trade the Antidumping Duty Order on Certain Preserved Mushrooms from the People’s Republic of China,’’ Administration, U.S. Department of Commerce, 14th Street and Constitution dated June 19, 2000. On February 9, 2005, this decision was upheld by the United States Court of Avenue, NW., Washington, DC 20230. Appeals for the Federal Circuit. See Tak Fat v. United States, 396 F.3d 1378 (Fed. Cir. 2005). SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 14:19 Aug 04, 2008 Jkt 214001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 ‘‘pickled’’ mushrooms, which are prepared or preserved by means of vinegar or acetic acid, but may contain oil or other additives. The merchandise subject to this order is classifiable under subheadings: 2003.10.0127, 2003.10.0131, 2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153 and 0711.51.0000 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and Customs purposes, the written description of the scope of this order is dispositive. Separate Rates In proceedings involving non–market (‘‘NME’’) countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department’s policy to assign all exporters of merchandise subject to review in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. In the Preliminary Results, we found that Xingda demonstrated its eligibility for separate rate status. We received no comments from interested parties regarding Xingda’s separate rate status. In these final results of review, we continue to find that the evidence placed on the record of this review by Xingda demonstrates an absence of government control, both in law and in fact, with respect to Xingda’s exports of the merchandise under review. Thus, we have determined that Xingda is eligible to receive a separate rate. Analysis of Comments Received No interested parties submitted comments for these final results. Changes Since the Preliminary Results We made no changes to the Preliminary Results. Combination Rate In new shipper reviews, the Department may, pursuant to 19 CFR 351.107(b), establish a combination cash deposit rate for each combination of the exporter and its supplying producer(s). See Fresh Garlic from the People’s Republic of China: Final Results of Antidumping Duty New Shipper Review, 67 FR 72139 at 72140 (December 4, 2002), Notice of Final Results of Antidumping Duty New Shipper Review: Certain In–Shell Raw Pistachios from Iran, 68 FR 353 at 354 (January 3, 2003), and Certain Forged Stainless Steel E:\FR\FM\05AUN1.SGM 05AUN1

Agencies

[Federal Register Volume 73, Number 151 (Tuesday, August 5, 2008)]
[Notices]
[Pages 45400-45402]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17719]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-836]


Notice of Amended Final Determination of Sales at Less Than Fair 
Value: Light-Walled Rectangular Pipe and Tube From Mexico

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: August 5, 2008.

FOR FURTHER INFORMATION CONTACT: Patrick Edwards or Judy Lao, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce (the Department), 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-8029 or (202) 482-7924, 
respectively.

Amendment to Final Determination

    In accordance with sections 735(a) and 777(i)(1) of the Tariff Act 
of 1930, as amended, (the Act), on June 13, 2008, the Department made a 
final determination of sales at less than fair value (LTFV) in the 
investigation of light-walled rectangular pipe and tube from Mexico. 
The final determination was subsequently released to all parties in the 
proceeding, and published in the Federal Register on June 24, 2008. See 
Notice of Final Determination of Sales at Less Than Fair Value: Light-
Walled Rectangular Pipe and Tube from Mexico, 73 FR 35649 (June 24, 
2008) (Final Determination). On June 23, 2008, and pursuant to 19 CFR 
351.224(c)(2), we received timely-filed allegations from respondents, 
Maquilacero S.A. de C.V. (Maquilacero) and Productos Laminados de 
Monterrey SA. de C.V. (PROLAMSA), that the Department made ministerial 
errors with respect to its final dumping margin calculations for both 
companies. See Letter from Maquilacero S.A. de C.V. to the Department 
of Commerce, regarding ``Ministerial Error Comments,'' dated June 23, 
2008 (Maquilacero Ministerial Letter); see also Letter from Productos 
Laminados de Monterrey S.A. de C.V., regarding ``Ministerial Error 
Comments,'' dated June 23, 2008 (PROLAMSA Ministerial Letter). On June 
25, 2008, we received comments from petitioners regarding the 
ministerial errors alleged by PROLAMSA. See Letter from Petitioners to 
the Department, regarding the ministerial errors alleged by PROLAMSA, 
dated June 25, 2008.
    After analyzing respondents' ministerial error comments, we have 
determined, in accordance with 19 CFR 351.224(e), that we made the 
following ministerial errors with respect to our final dumping margin 
calculations for Maquilacero and PROLAMSA.

Maguilacero

    The Department has revised its margin calculation for Maquilacero 
with regard to certain expense adjustments. Specifically, the 
Department inadvertently did not adjust the comparison and U.S. market 
net prices for certain expenses reported in Maquilacero's sales 
databases, i.e., maqhm06b and maqus06b.\1\ See

[[Page 45401]]

Maquilacero Ministerial Letter. The Department has revised its 
calculation of both the comparison and U.S. market net prices to adjust 
for these expenses as intended. For a detailed discussion of the 
ministerial errors alleged by Maquilacero as well as the Department's 
analysis, see Memorandum from the Team to Richard O. Weible, entitled, 
``Ministerial Error Allegation in the Final Determination of the 
Antidumping Duty Investigation of Light-Walled Rectangular Pipe and 
Tube from Mexico: Maquilacero S.A. de C.V.,'' dated July 24, 2008. 
Correcting these errors results in a revised margin of 2.40 percent for 
Maquilacero as indicated in the ``Amended Cash Deposits'' section 
below.

PROLAMSA

    The Department has revised its margin calculation for PROLAMSA, to 
correct for two errors. First, the Department inadvertently applied the 
incorrect scrap offset factor in calculating PROLAMSA's cost of direct 
materials in its final determination. Based on the Department's 
findings at verification, the Department recalculated PROLAMSA's 
variance factor to exclude the cost of direct materials for semi-
finished products. See Memorandum from Gina K. Lee, Accountant, to the 
File, regarding ``Verification of the Cost Response of Prolamsa (A-201-
836),'' dated April 15, 2008 (PROLAMSA Cost Verification Report) at 2, 
19-20. However, the Department inadvertently applied the original scrap 
offset factor to calculate PROLAMSA's cost of direct materials net of 
scrap revenue (DMNET) for the final determination. See PROLAMSA 
Ministerial Letter at 2. The Department is, therefore, revising its 
calculation of DMNET to reflect the revised scrap offset factor, as 
intended. Second, because the Department has revised PROLAMSA's total 
cost of manufacturing as described above, the Department is 
consequently revising the calculation of PROLAMSA's inventory carrying 
costs during the period of investigation because these costs are based 
upon PROLAMSA's cost of manufacturing.
    PROLAMSA further alleged a ministerial error with regard to the 
Department's calculation of its total cost of manufacturing. See 
PROLAMSA Ministerial Letter at 3-4. Specifically, PROLAMSA alleges that 
the Department made a mathematical calculation error by applying the 
adjusted variance factor to its total cost of manufacturing which 
includes an amount for the B-10 adjustment.\2\ After reviewing 
PROLAMSA's allegation, we have determined that the alleged error is 
methodological in nature and, therefore, does not constitute a 
ministerial error within the meaning of 19 CFR 351.224(f). For a 
detailed discussion of the ministerial errors alleged by PROLAMSA as 
well as the Department's analysis, see Memorandum from the Team to 
Richard O. Weible, entitled, ``Ministerial Error Allegations in the 
Final Determination of the Antidumping Duty Investigation of Light-
Walled Rectangular Pipe and Tube from Mexico: Productos Laminados de 
Monterrey S.A. de C.V.,'' dated July 24, 2008. Correcting the scrap 
offset factor and adjusting the calculation of PROLAMSA's inventory 
carrying costs to account for this correction, results in a revised 
margin for PROLAMSA of 5.12 percent as indicated in the ``Amended Cash 
Deposits'' section below.
    Therefore, in accordance with 19 CFR 35 1.224(e), we are amending 
the final determination of sales at LTFV in the antidumping duty 
investigation of light-walled rectangular pipe and tube from Mexico for 
Maquilacero and PROLAMSA.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted-average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero and de 
minimis margins and any margins determined entirely under section 776 
of the Act. For this amended final determination, we have calculated 
amended margins for Maquilacero and PROLAMSA that are both above de 
minimis . Notwithstanding the language of section 705(c)(1)(B)(i)(I) of 
the Act, we have not calculated the all-others rate by weight averaging 
the rates of Maquilacero and PROLAMSA, because doing so risks 
disclosure of proprietary information.
    Therefore, for purposes of determining the all-others rate, and 
pursuant to section 735(c)(5)(A) of the Act, we are using the simple-
average rate of the amended dumping margins calculated for Maquilacero 
and PROLAMSA, i.e., 3.76 percent.

Amended Cash Deposits

    The revised weighted-average dumping margins are as follows: \3\

------------------------------------------------------------------------
                                             Final        Amended final
                                         determination       weighted
         Manufacturer/exporter              weighted      average margin
                                            average         percentage
------------------------------------------------------------------------
Maquilacero S.A. de C.V...............             2.94             2.40
Productos Laminados de Monterrey S.A.              5.73             5.12
 de C.V...............................
Arco Metal S.A. de C.V................             4.33             3.76
Hylsa S.A. de C.V.....................             4.33             3.76
Internacional de Aceros, S.A. de C.V..             4.33             3.76
Perfiles y Herrajes LM, S.A. de C.V...             4.33             3.76
Regiomontana de Perfiles y Tubos......             4.33             3.76
Talleres Acero Rey S.A. de C.V........             4.33             3.76
Tuberia Laguna, S.A. de C.V...........             4.33             3.76
All-Others............................             4.33             3.76
------------------------------------------------------------------------


[[Page 45402]]

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of light-walled rectangular pipe and 
tube from Mexico. CBP shall require a cash deposit equal to the 
estimated amount by which the normal value exceeds the U.S. price as 
indicated in the chart above. These instructions suspending liquidation 
will remain in effect until further notice.
    This amended determination is issued and published pursuant to 
section 735(e) of the Act.

    Dated: July 24, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
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    \1\ The Department verified these adjustments during its 
verification of Maquilacero's comparison and U.S. market sales. See 
Verification of the Sales Responses of Maquilacero S.A. de C.V in 
the Antidumping Investigation of Light-Walled Rectangular Pipe and 
Tube from Mexico, dated April 11, 2008.
    \2\ In the Final Determination, the Department increased the 
total cost of manufacturing for each product by the percentage 
difference between the subject merchandise variance percentage 
recalculated by the Department and the variance percentage 
previously reported by PROLAMSA. See ``Issues and Decision 
Memorandum for the Final Determination of the Antidumping Duty 
Investigation of Light-Walled Rectangular Pipe and Tube from 
Mexico,'' from Stephen J. Claeys, Deputy Assistant Secretary for 
Import Administration, to David M. Spooner, Assistant Secretary for 
Import Administration, dated June 13, 2008. See also ``Cost of 
Production and Constructed Value Calculation Adjustments for the 
Final Determination: Productos Laminados de Monterrey S.A. de 
C.V.,'' memorandum from Gina K. Lee to Neal M. Halper, dated June 
13, 2008.
    \3\ The Department determined an adverse facts available (AFA) 
rate of 11.50 percent in the final determination of sales at LTFV of 
this investigation for certain Mexican producers and/or exporters of 
LWR that were non-responsive to our requests for information. The 
Department based the AFA rate upon the highest estimated margin 
alleged in the petition. See Notice of Final Determination of Sales 
at Less Than Fair Value: Light-Walled Rectangular Pipe and Tube from 
Mexico, 73 FR 35649 (June 24, 2008). We note that the AFA rate of 
11.50 percent continues to apply for these companies.
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[FR Doc. E8-17719 Filed 8-4-08; 8:45 am]
BILLING CODE 3510-DS-M