Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Final Results of Antidumping Duty Administrative Review and Rescission of Administrative Review in Part, 20342-20344 [2010-8991]

Download as PDF 20342 Federal Register / Vol. 75, No. 74 / Monday, April 19, 2010 / Notices entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. VIII. By–Product Offsets Notification Regarding APO IX. General Surrogate Value Issues This notice also serves as a reminder to the parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination and notice are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Comment 18: Value of Ancillary Materials Comment 19: Value of FOPs Purchased through Distributor Comment 20: Value for Billet Comment 21: Value for Coal Comment 22: Value for Compressed Air Comment 23: Value for Scrap Input Comment 24: Value for Iron Ore Pellets Comment 25: Value of Natural Gas Comment 26: Value of Micro and Mid– Chromium Comment 27: Value of Iron Ore and Iron Powder Comment 28: Values of Oxygen and Nitrogen Comment 29: Value of Pig Iron Dated: April 8, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. X. Changbao Related Issues Comment 30: Total AFA to Changbao Comment 31: Changbao’s Sales to Unaffiliated PRC Trading Companies Appendix I [FR Doc. 2010–8994 Filed 4–16–10; 8:45 am] I. General Issues BILLING CODE 3510–DS–S Comment 1: Labor Wage Rate Comment 2: Application of Targeted Dumping Comment 3: Deduction of Domestic Inland Insurance from U.S. Price Comment 4: Exchange Rate Rupees to U.S. Dollars Comment 5: Deduction of Chinese VAT from U.S. Price Comment 6: Zeroing Comment 7: Double Counting II. TPCO Specific Issues Comment 8: Total AFA to TPCO Comment 9: Partial AFA for certain TPCO Transactions Comment 10: TPCO Affiliations III. Credit Expense Comment 11: Credit Expense IV. U.S. Price Deductions Comment 12: Certain Deduction from U.S. Price V. Surrogate Financial Statements wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 Comment 13: Financial Statements for Surrogate Ratios VI. Transportation Costs Comment 14: Water Transportation Costs Comment 15: Addition of Freight Costs to ME Purchases VII. Certain Conversion Factor Issues Comment 16: Conversion Factors for Argon, Nitrogen and Oxygen VerDate Nov<24>2008 Comment 17: By–product Offset for Steel Scrap 15:04 Apr 16, 2010 Jkt 220001 DEPARTMENT OF COMMERCE International Trade Administration [A–201–805] Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Final Results of Antidumping Duty Administrative Review and Rescission of Administrative Review in Part AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 7, 2009, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain circular welded non-alloy steel pipe from Mexico. See Certain Circular Welded Non-Alloy Steel Pipe From Mexico; Preliminary Results of Antidumping Duty Administrative Review, 74 FR 64049 (December 7, 2009) (Preliminary Results). While the review originally covered eight companies, we rescinded the review with respect to all but the remaining three respondents. See Certain Circular Welded Non-Alloy Steel Pipe from Mexico: Notice of Partial Rescission of Antidumping Duty Administrative Review, 74 FR 20919 (May 6, 2009). We therefore treated Tuberia Nacional, S.A. de C.V. (TUNA), Ternium Mexico, S.A. de C.V. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 (Ternium) 1 and Mueller Comercial de Mexico, S. de R.L. (Mueller) as mandatory respondents for the period November 1, 2007, to October 31, 2008. Based on our analysis of the comments received, we have made no changes from the Preliminary Results. We have listed the final dumping margin below in the section entitled ‘‘Final Results of Review.’’ DATES: Effective Date: April 19, 2010. FOR FURTHER INFORMATION CONTACT: Maryanne Burke or Robert James, AD/ CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–5604 and (202) 482–0649, respectively. SUPPLEMENTARY INFORMATION: Background On December 7, 2009, the Department published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on certain circular welded non-alloy steel pipe from Mexico for the period November 1, 2007, to October 31, 2008. See Preliminary Results. In response to the Department’s invitation to comment on the preliminary results of this review, petitioner United States Steel Corporation (U.S. Steel), and respondents Mueller and Ternium filed their case briefs on January 6, 2010. U.S. Steel and respondent TUNA submitted rebuttal briefs on January 14, 2010.2 As explained in the memorandum from the Deputy Assistant Secretary for Import Administration, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from February 5, through February 12, 2010. Thus, all deadlines in this segment of the proceeding have been extended by seven days. The revised deadline for the final results of this administrative review is now April 13, 2010. See Memorandum to the Record from Ronald Lorentzen, DAS for Import Administration, regarding ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During the 1 Consistent with the Preliminary Results, and the Department’s changed circumstances review of this order which found Ternium the successor-ininterest to Hylsa, we continue to consider Ternium and Hylsa as a single entity. See Preliminary Results; see also Final Results of Antidumping Duty Changed Circumstances Review: Certain Circular Welded Non-Alloy Steel Pipe and Tube from Mexico, 74 FR 41681 (August 18, 2009). 2 On January 7, 2010, U.S. Steel requested an extension of its rebuttal brief which was granted by the Department. The new deadline for all parties’ rebuttal briefs was set for January 14, 2010. E:\FR\FM\19APN1.SGM 19APN1 Federal Register / Vol. 75, No. 74 / Monday, April 19, 2010 / Notices Recent Snowstorm,’’ dated February 12, 2010. wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 Scope of the Order The products covered by this order are circular welded non-alloy steel pipes and tubes, of circular crosssection, not more than 406.4 millimeters (16 inches) in outside diameter, regardless of wall thickness, surface finish (black, galvanized, or painted), or end finish (plain end, beveled end, threaded, or threaded and coupled). These pipes and tubes are generally known as standard pipes and tubes and are intended for the low pressure conveyance of water, steam, natural gas, and other liquids and gases in plumbing and heating systems, air conditioning units, automatic sprinkler systems, and other related uses, and generally meet ASTM A–53 specifications. Standard pipe may also be used for light loadbearing applications, such as for fence tubing, and as structural pipe tubing used for framing and support members for reconstruction or load-bearing purposes in the construction, shipbuilding, trucking, farm equipment, and related industries. Unfinished conduit pipe is also included in these orders. All carbon steel pipes and tubes within the physical description outlined above are included within the scope of this order, except line pipe, oil country tubular goods, boiler tubing, mechanical tubing, pipe and tube hollows for redraws, finished scaffolding, and finished conduit. Standard pipe that is dual or triple certified/stenciled that enters the U.S. as line pipe of a kind used for oil or gas pipelines is also not included in this order. The merchandise covered by the order and subject to this review are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of these proceedings is dispositive. Analysis of Comments Received All issues raised in the case and rebuttal briefs by interested parties in this administrative review are addressed in the Issues and Decision Memorandum (Decision Memorandum) from John M. Andersen, Acting Deputy Assistant Secretary for Import Administration, to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, dated April 13, 2010, which is hereby adopted by this notice. VerDate Nov<24>2008 15:04 Apr 16, 2010 Jkt 220001 A list of the issues which parties have raised and to which we have responded, all of which are in the Decision Memorandum, is attached to this notice as an appendix. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit in room 1117 of the main Department building. In addition, a complete version of the Decision Memorandum can be accessed directly via the Internet at http:// ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of the Decision Memorandum are identical in content. Rescission of Review in Part In the Preliminary Results, we preliminarily found TUNA’s claim that it made no shipments of subject merchandise during the period of review was consistent with import data provided by U.S. Customs and Border Protection (CBP) as well as additional information developed on the record of this review. Accordingly, we stated our intent to rescind the administrative review with respect to this company. See Preliminary Results. We received comments about this issue from TUNA and U.S. Steel, and continue to find that TUNA did not make entries, exports, or sales of subject merchandise during the POR. For the final results of this review, we are, therefore, rescinding the review with respect to TUNA. Use of Total Adverse Facts Available The Department found in the Preliminary Results that Ternium and Mueller failed to cooperate to the best of their ability by withholding information requested by the Department’s questionnaire, and thereby impeded the Department’s proceeding. See Preliminary Results. Therefore, in accordance with section 776(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.308(c), the Department preliminarily selected 48.33 percent as the adverse facts available dumping margin. The Department received comments regarding its preliminary application of the adverse facts available dumping margin to Ternium and Mueller. For these final results, the Department has not altered its analysis or decision to apply the adverse facts available dumping margin to Ternium and Mueller. See accompanying Decision Memorandum for the issues raised by the parties and addressed by the Department. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 20343 Final Results of Review We determine the following percentage margin exists for the period November 1, 2007 to October 31, 2008: Manufacturer/ Exporter Ternium ..................................... Mueller ...................................... WeightedAverage margin (percentage) 48.33 48.33 Assessment The Department will determine, and CBP shall assess, antidumping duties on all appropriate entries, pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.212(b). We will issue appraisement instructions directly to CBP to assess antidumping duties on appropriate entries by applying the assessment rate to the entered value of the merchandise. Pursuant to 19 CFR 356.8(a), the Department intends to issue assessment instructions to CBP 41 days after the date of publication of these final results of review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of these final results for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results of administrative review, consistent with section 751(a)(1) of the Act: (1) The cash deposit rate for the reviewed companies will be the rate listed above; (2) if the exporter is not a firm covered in this review, but was covered in a previous review or the original less-than-fairvalue (LTFV) investigation, 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, a prior review, or the original 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 32.62 percent, the all-others rate established in the LTFV investigation. See Final Determination of Sales at Less Than Fair Value: Circular Welded Non-Alloy Steel Pipe From Mexico, 57 FR 42953 (September 17, 1992). These deposit requirements, when imposed, shall remain in effect until further notice. E:\FR\FM\19APN1.SGM 19APN1 20344 Federal Register / Vol. 75, No. 74 / Monday, April 19, 2010 / Notices Notification to Interested Parties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of doubled antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: April 13, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. (BSAI) groundfish plan teams will meet via teleconference May 6, 2010, 12:30 p.m. Alaska Standard Time (AST) to review proposals for models to be considered for inclusion in the GOA and BSAI Pacific cod assessments. DATES: The teleconference will be held on May 6, 2010; telephone: (907) 271– 2896. ADDRESSES: Listening sites - North Pacific Fishery Management Council, 605 W 4th Avenue, Anchorage, AK; and Alaska Fisheries Science Center, 7600 Sand Point Way N.E., Building 4, Seattle, WA. Council address: North Pacific Fishery Management Council, 605 W. 4th Ave., Suite 306, Anchorage, AK 99501–2252. FOR FURTHER INFORMATION CONTACT: Jane DiCosimo; North Pacific Fishery Management Council; telephone: (907) 271–2809. SUPPLEMENTARY INFORMATION: Agenda: Review proposals for models Pacific cod stock assessments. The agenda is posted on the Council website at: http:// www.alaskafisheries.noaa.gov/npfmc/ Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Gail Bendixen, (907) 271–2809, at least 5 working days prior to the meeting date. Dated: April 14, 2010. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. Appendix—List of Issues in Decision Memorandum [FR Doc. 2010–8898 Filed 4–16–10; 8:45 am] Comment 1: Application of Total AFA to Ternium Comment 2: Application of Total AFA to Mueller Comment 3: Rescission of Administrative Review for TUNA BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [FR Doc. 2010–8991 Filed 4–16–10; 8:45 am] BILLING CODE 3510–DS–P RIN 0648–XV64 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Rocket Launches from Kodiak, AK DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 RIN 0648–XV88 North Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The North Pacific Fishery Management Council’s Gulf of Alaska (GOA) and Bering Sea/Aleutian Islands VerDate Nov<24>2008 15:04 Apr 16, 2010 Jkt 220001 AGENCY: National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice; Issuance of a Letter of Authorization. SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to the Alaska Aerospace Corporation PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 (AAC, formerly known as the Alaska Aerospace Development Corporation), to take Steller sea lions (Eumetopias jubatus) and Pacific harbor seals (Phoca vitulina richardsi) incidental to rocket launches from the Kodiak Launch Complex (KLC). DATES: Effective April 15, 2010, through February 28, 2011. ADDRESSES: The LOA and supporting documentation are available by writing to Michael Payne, Chief, Permits, Conservation, and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 20910–3225, by telephoning one of the contacts listed here (see FOR FURTHER INFORMATION CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/ incidental.htm. Documents cited in this notice may be viewed, by appointment, during regular business hours, at the aforementioned address. FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Jaclyn Daly, Office of Protected Resources, NMFS, (301) 713–2289, or Brad Smith, Alaska Regional Office, NMFS, (907) 271–3023. SUPPLEMENTARY INFORMATION: Background Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs the National Marine Fisheries Service (NMFS) to allow, on request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and regulations are issued. Under the MMPA, the term ‘‘taking’’ means to harass, hunt, capture, or kill or to attempt to harass, hunt, capture or kill marine mammals. Authorization may be granted for periods up to five years if NMFS finds, after notification and opportunity for public comment, that the taking will have a negligible impact on the species or stock(s) of marine mammals and will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses. In addition, NMFS must prescribe regulations that include permissible methods of taking and other means effecting the least practicable adverse impact on the species and its habitat and on the availability of the species for subsistence uses, paying particular attention to rookeries, mating grounds, and areas of similar significance. The regulations must include requirements for monitoring and reporting of such taking. E:\FR\FM\19APN1.SGM 19APN1

Agencies

[Federal Register Volume 75, Number 74 (Monday, April 19, 2010)]
[Notices]
[Pages 20342-20344]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8991]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-805]


Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Final 
Results of Antidumping Duty Administrative Review and Rescission of 
Administrative Review in Part

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

SUMMARY: On December 7, 2009, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on certain circular welded non-
alloy steel pipe from Mexico. See Certain Circular Welded Non-Alloy 
Steel Pipe From Mexico; Preliminary Results of Antidumping Duty 
Administrative Review, 74 FR 64049 (December 7, 2009) (Preliminary 
Results). While the review originally covered eight companies, we 
rescinded the review with respect to all but the remaining three 
respondents. See Certain Circular Welded Non-Alloy Steel Pipe from 
Mexico: Notice of Partial Rescission of Antidumping Duty Administrative 
Review, 74 FR 20919 (May 6, 2009). We therefore treated Tuberia 
Nacional, S.A. de C.V. (TUNA), Ternium Mexico, S.A. de C.V. (Ternium) 
\1\ and Mueller Comercial de Mexico, S. de R.L. (Mueller) as mandatory 
respondents for the period November 1, 2007, to October 31, 2008. Based 
on our analysis of the comments received, we have made no changes from 
the Preliminary Results. We have listed the final dumping margin below 
in the section entitled ``Final Results of Review.''
---------------------------------------------------------------------------

    \1\ Consistent with the Preliminary Results, and the 
Department's changed circumstances review of this order which found 
Ternium the successor-in-interest to Hylsa, we continue to consider 
Ternium and Hylsa as a single entity. See Preliminary Results; see 
also Final Results of Antidumping Duty Changed Circumstances Review: 
Certain Circular Welded Non-Alloy Steel Pipe and Tube from Mexico, 
74 FR 41681 (August 18, 2009).

---------------------------------------------------------------------------
DATES: Effective Date: April 19, 2010.

FOR FURTHER INFORMATION CONTACT: Maryanne Burke or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5604 and (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2009, the Department published in the Federal 
Register the preliminary results of the administrative review of the 
antidumping duty order on certain circular welded non-alloy steel pipe 
from Mexico for the period November 1, 2007, to October 31, 2008. See 
Preliminary Results. In response to the Department's invitation to 
comment on the preliminary results of this review, petitioner United 
States Steel Corporation (U.S. Steel), and respondents Mueller and 
Ternium filed their case briefs on January 6, 2010. U.S. Steel and 
respondent TUNA submitted rebuttal briefs on January 14, 2010.\2\
---------------------------------------------------------------------------

    \2\ On January 7, 2010, U.S. Steel requested an extension of its 
rebuttal brief which was granted by the Department. The new deadline 
for all parties' rebuttal briefs was set for January 14, 2010.
---------------------------------------------------------------------------

    As explained in the memorandum from the Deputy Assistant Secretary 
for Import Administration, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from February 5, through February 12, 2010. Thus, all 
deadlines in this segment of the proceeding have been extended by seven 
days. The revised deadline for the final results of this administrative 
review is now April 13, 2010. See Memorandum to the Record from Ronald 
Lorentzen, DAS for Import Administration, regarding ``Tolling of 
Administrative Deadlines As a Result of the Government Closure During 
the

[[Page 20343]]

Recent Snowstorm,'' dated February 12, 2010.

Scope of the Order

    The products covered by this order are circular welded non-alloy 
steel pipes and tubes, of circular cross-section, not more than 406.4 
millimeters (16 inches) in outside diameter, regardless of wall 
thickness, surface finish (black, galvanized, or painted), or end 
finish (plain end, beveled end, threaded, or threaded and coupled). 
These pipes and tubes are generally known as standard pipes and tubes 
and are intended for the low pressure conveyance of water, steam, 
natural gas, and other liquids and gases in plumbing and heating 
systems, air conditioning units, automatic sprinkler systems, and other 
related uses, and generally meet ASTM A-53 specifications. Standard 
pipe may also be used for light load-bearing applications, such as for 
fence tubing, and as structural pipe tubing used for framing and 
support members for reconstruction or load-bearing purposes in the 
construction, shipbuilding, trucking, farm equipment, and related 
industries. Unfinished conduit pipe is also included in these orders. 
All carbon steel pipes and tubes within the physical description 
outlined above are included within the scope of this order, except line 
pipe, oil country tubular goods, boiler tubing, mechanical tubing, pipe 
and tube hollows for redraws, finished scaffolding, and finished 
conduit. Standard pipe that is dual or triple certified/stenciled that 
enters the U.S. as line pipe of a kind used for oil or gas pipelines is 
also not included in this order.
    The merchandise covered by the order and subject to this review are 
currently classified in the Harmonized Tariff Schedule of the United 
States (HTSUS) at subheadings: 7306.30.10.00, 7306.30.50.25, 
7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 
7306.30.50.90. Although the HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
of these proceedings is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by interested 
parties in this administrative review are addressed in the Issues and 
Decision Memorandum (Decision Memorandum) from John M. Andersen, Acting 
Deputy Assistant Secretary for Import Administration, to Ronald K. 
Lorentzen, Deputy Assistant Secretary for Import Administration, dated 
April 13, 2010, which is hereby adopted by this notice. A list of the 
issues which parties have raised and to which we have responded, all of 
which are in the Decision Memorandum, is attached to this notice as an 
appendix. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in this public 
memorandum, which is on file in the Central Records Unit in room 1117 
of the main Department building. In addition, a complete version of the 
Decision Memorandum can be accessed directly via the Internet at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version 
of the Decision Memorandum are identical in content.

Rescission of Review in Part

    In the Preliminary Results, we preliminarily found TUNA's claim 
that it made no shipments of subject merchandise during the period of 
review was consistent with import data provided by U.S. Customs and 
Border Protection (CBP) as well as additional information developed on 
the record of this review. Accordingly, we stated our intent to rescind 
the administrative review with respect to this company. See Preliminary 
Results. We received comments about this issue from TUNA and U.S. 
Steel, and continue to find that TUNA did not make entries, exports, or 
sales of subject merchandise during the POR. For the final results of 
this review, we are, therefore, rescinding the review with respect to 
TUNA.

Use of Total Adverse Facts Available

    The Department found in the Preliminary Results that Ternium and 
Mueller failed to cooperate to the best of their ability by withholding 
information requested by the Department's questionnaire, and thereby 
impeded the Department's proceeding. See Preliminary Results. 
Therefore, in accordance with section 776(b) of the Tariff Act of 1930, 
as amended (the Act), and 19 CFR 351.308(c), the Department 
preliminarily selected 48.33 percent as the adverse facts available 
dumping margin. The Department received comments regarding its 
preliminary application of the adverse facts available dumping margin 
to Ternium and Mueller. For these final results, the Department has not 
altered its analysis or decision to apply the adverse facts available 
dumping margin to Ternium and Mueller. See accompanying Decision 
Memorandum for the issues raised by the parties and addressed by the 
Department.

Final Results of Review

    We determine the following percentage margin exists for the period 
November 1, 2007 to October 31, 2008:

------------------------------------------------------------------------
                                                              Weighted-
                                                               Average
                  Manufacturer/ Exporter                       margin
                                                            (percentage)
------------------------------------------------------------------------
Ternium...................................................         48.33
Mueller...................................................         48.33
------------------------------------------------------------------------

Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries, pursuant to section 751(a)(1) of the 
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.212(b). We will 
issue appraisement instructions directly to CBP to assess antidumping 
duties on appropriate entries by applying the assessment rate to the 
entered value of the merchandise. Pursuant to 19 CFR 356.8(a), the 
Department intends to issue assessment instructions to CBP 41 days 
after the date of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results for all shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the publication date of these final results of administrative 
review, consistent with section 751(a)(1) of the Act: (1) The cash 
deposit rate for the reviewed companies will be the rate listed above; 
(2) if the exporter is not a firm covered in this review, but was 
covered in a previous review or the original less-than-fair-value 
(LTFV) investigation, 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, a prior review, or the 
original 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 32.62 percent, the 
all-others rate established in the LTFV investigation. See Final 
Determination of Sales at Less Than Fair Value: Circular Welded Non-
Alloy Steel Pipe From Mexico, 57 FR 42953 (September 17, 1992). These 
deposit requirements, when imposed, shall remain in effect until 
further notice.

[[Page 20344]]

Notification to Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305, which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act.

    Dated: April 13, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix--List of Issues in Decision Memorandum

Comment 1: Application of Total AFA to Ternium
Comment 2: Application of Total AFA to Mueller
Comment 3: Rescission of Administrative Review for TUNA

[FR Doc. 2010-8991 Filed 4-16-10; 8:45 am]
BILLING CODE 3510-DS-P