Light-Walled Rectangular Pipe and Tube From Mexico; Final Results of Antidumping Duty Administrative Review, 1915-1917 [2012-492]
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Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Notices
the basis for this collection of
information. Requirements that fishing
gear be marked are essential to facilitate
enforcement. The ability to link fishing
gear to the vessel owner is crucial to
enforcement of regulations issued under
the authority of the MSA. The marking
of fishing gear is also valuable in actions
concerning damage, loss, and civil
proceedings. The requirements imposed
in the Southeast Region are for coral
aquacultured live rock; golden crab
traps; mackerel gillnet floats; spiny
lobster traps; black sea bass pots; and
buoy gear.
Affected Public: Business or other forprofit organizations.
Frequency: Annually.
Respondent’s Obligation: Mandatory.
OMB Desk Officer: OIRA_
Submission@omb.eop.gov.
Copies of the above information
collection proposal can be obtained by
calling or writing Jennifer Jessup,
Departmental Paperwork Clearance
Officer, (202) 482–0336, Department of
Commerce, Room 6616, 14th and
Constitution Avenue NW., Washington,
DC 20230 (or via the Internet at JJessup@
doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@omb.eop.
gov.
Dated: January 9, 2012.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Larry Hall, BIS ICB Liaison,
(202) 482–4895,
Lawrence.Hall@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
This collection of information
involves nine miscellaneous activities
described in section 758 of the Export
Administration Regulations (EAR) that
are associated with the export of items
controlled by the Department of
Commerce. Most of these activities do
not involve submission of documents to
BIS but instead involve exchange of
documents among parties in the export
transaction to insure that each party
understands its obligations under U.S.
law. Others involve writing certain
export control statements on shipping
documents or reporting unforeseen
changes in shipping and disposition of
exported commodities. These activities
are needed by the BIS’s Office of Export
Enforcement and the U.S. Customs and
Border Protection to document export
transactions, enforce the EAR and
protect the National Security of the
United States.
II. Method of Collection
[FR Doc. 2012–427 Filed 1–11–12; 8:45 am]
Submitted electronically or on paper.
BILLING CODE 3510–22–P
III. Data
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Proposed Information Collection;
Comment Request; Licensing
Responsibilities and Enforcement
Bureau of Industry and
Security, Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before March 12, 2012.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:26 Jan 11, 2012
Jkt 226001
OMB Control Number: 0694–0122.
Form Number(s): N/A.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
1,821,891.
Estimated Time per Response: 5
seconds to 2 hours.
Estimated Total Annual Burden
Hours: 78,576.
Estimated Total Annual Cost to
Public: $0.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
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Sfmt 4703
1915
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: January 9, 2012.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2012–443 Filed 1–11–12; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–836]
Light-Walled Rectangular Pipe and
Tube From Mexico; Final Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 12, 2012.
SUMMARY: On September 7, 2011, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on lightwalled rectangular pipe and tube from
Mexico.1 This administrative review
covers two manufacturers/exporters and
has a period of review (POR) from
August 1, 2009, through July 31, 2010.
Based on our analysis of the
comments received on the preliminary
results, we have made changes to the
margin calculations for one company
(Regiomontana de Perfiles y Tubos S.A.
de C.V.) and, as a result, the final results
of review differ from the preliminary
results for this company. The final
dumping margins for all reviewed
companies are listed below in the
section entitled ‘‘Final Results of
Review.’’
FOR FURTHER INFORMATION CONTACT:
Brian Davis (Regiopytsa), Dena
Crossland (Maquilacero), or Edythe
Artman, AD/CVD Operations, Office 7,
Import Administration, International
Trade Administration, U.S. Department
AGENCY:
1 See Light-Walled Rectangular Pipe and Tube
from Mexico: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative
Review, 76 FR 55352 (September 7, 2011)
(Preliminary Results).
E:\FR\FM\12JAN1.SGM
12JAN1
1916
Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Notices
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–7924,
(202) 482–3362, or (202) 482–3931,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 7, 2011, the
Department published the Preliminary
Results. This second administrative
review of the order covers sales of
subject merchandise, as described in the
‘‘Scope of the Order’’ section below,
made during the POR from August 1,
2009, through July 31, 2010. Although
we named four companies in the notice
of initiation for this review,2 we only
reviewed the sales of two companies—
Maquilacero S.A. de C.V. (Maquilacero)
and Regiomontana de Perfiles y Tubos
S.A. de C.V. (Regiopytsa)—as we
rescinded the review for two other
companies. See Preliminary Results, 76
FR at 55353.
We invited parties to comment on the
Preliminary Results and received case
briefs from the respondent companies.
None of the parties requested a hearing
on the issues raised in comments.
Period of Review
tkelley on DSK3SPTVN1PROD with NOTICES
The POR is August 1, 2009, through
July 31, 2010.
Scope of the Order
The merchandise that is the subject of
this order is certain welded carbonquality light-walled steel pipe and tube,
of rectangular (including square) cross
section, having a wall thickness of less
than 4 mm. The term carbon-quality
steel includes both carbon steel and
alloy steel which contains only small
amounts of alloying elements.
Specifically, the term carbon-quality
includes products in which none of the
elements listed below exceeds the
quantity by weight respectively
indicated: 1.80 percent of manganese, or
2.25 percent of silicon, or 1.00 percent
of copper, or 0.50 percent of aluminum,
or 1.25 percent of chromium, or 0.30
percent of cobalt, or 0.40 percent of
lead, or 1.25 percent of nickel, or 0.30
percent of tungsten, or 0.10 percent of
molybdenum, or 0.10 percent of
niobium, or 0.15 percent vanadium, or
0.15 percent of zirconium. The
description of carbon-quality is
intended to identify carbon-quality
products within the scope. The welded
carbon-quality rectangular pipe and
tube subject to this order is currently
2 See
Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Requests for Revocation in Part, 75 FR 60076
(September 29, 2010) at 60077.
VerDate Mar<15>2010
16:26 Jan 11, 2012
Jkt 226001
classified under the Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 7306.61.50.00 and
7306.61.70.60. While HTSUS
subheadings are provided for
convenience and Customs purposes, our
written description of the scope of this
order is dispositive.
Analysis of Comments Received
All issues raised in the case briefs by
parties to this antidumping duty
administrative review are addressed in
the ‘‘Issues and Decision Memorandum
for the Final Results of the Antidumping
Duty Administrative Review of LightWalled Rectangular Pipe and Tube from
Mexico’’ from Christian Marsh, Deputy
Assistant Secretary for Antidumping
and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for
Import Administration, dated January 4,
2012 (Issues and Decision
Memorandum), which is hereby
adopted by this notice. A list of all
issues, which parties have raised and to
which we have responded, is in the
Issues and Decision Memorandum and
is also attached to this notice as an
appendix. The Issues and Decision
Memorandum is a public document and
is on file electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
Access to IA ACCESS is available in the
Central Records Unit (CRU), room 7046
of the main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the Internet at https://www.trade.gov/
ia/. The signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we have made one
revision, a correction to the U.S.
packing expense used to calculate
Regiopytsa’s margin. This change has
been detailed in Regiopytsa’s companyspecific analysis memorandum, dated
concurrently with this notice and on file
electronically via IA ACCESS, as noted
above. Specifically, we have revised the
programming language in the U.S.
Margin Program to convert Regiopytsa’s
U.S. packing expenses from Mexican
pesos to U.S. dollars for purposes of
calculating the foreign unit price in
dollars. See Comment 2 of the Issues
and Decision Memorandum.
Final Results of the Review
We determine that the following
weighted-average dumping margins
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Sfmt 4703
exist on light-walled rectangular pipe
and tube from Mexico for the period
August 1, 2009, through July 31, 2010:
Manufacturer or Exporter
Percentage
margin
Maquilacero S.A. de C.V. .........
Regiomontana de Perfiles y
Tubos S.A. de C.V. ...............
0.80
3.20
Assessment Rates
The Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries. In accordance
with 19 CFR 351.212(b)(1), the
Department normally calculates an
assessment rate for each importer of the
subject merchandise covered by the
review. Because both Maquilacero and
Regiopytsa reported the entered value
for all U.S. sales, we have calculated
importer-specific, ad valorem duty
assessment rates based on the ratio of
each importer’s total amount of
antidumping duties calculated for the
examined sales to the total entered
value of the sales for that importer. In
the event an assessment rate is above de
minimis (de minimis being less than 0.5
percent in a review), we will instruct
CBP to assess duties on all entries of
subject merchandise for that importer
during the period from August 1, 2009,
through July 31, 2010.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment
Notice). This clarification will apply to
entries of subject merchandise during
the POR produced by companies
included in these final results of review
for which these companies did not
know that the merchandise it sold to an
intermediary was destined for the
United States. In such instances, we will
instruct CBP to liquidate non-reviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction. For a full
discussion of this clarification, see
Assessment Notice.
Pursuant to 19 CFR 351.106(c)(2), we
intend to instruct CBP to liquidate
without regard to antidumping duties
any entries for which the assessment
rate is de minimis. The Department
intends to issue assessment instructions
directly to CBP 41 days after the
publication of these final results of
review.
Cash-Deposit Requirements
The following cash-deposit
requirements will be effective upon
publication of these final results of
E:\FR\FM\12JAN1.SGM
12JAN1
Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Notices
review for all shipments of the subject
merchandise entered or withdrawn from
warehouse for consumption on or after
the date of publication, consistent with
section 751(a)(1) of the Act: (1) The
cash-deposit rates for the reviewed
companies will be the rates listed above;
(2) for previously-reviewed or
investigated companies not covered 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, a prior review, or the lessthan-fair-value (LTFV) investigation but
the manufacturer is, the cash-deposit
rate will be the rate established for the
manufacturer of the merchandise for the
most recent period; and (4) the cashdeposit rate for all other manufacturers
or exporters will continue to be 3.76
percent, the all-others rate published in
the amended final determination of the
LTFV investigation. See Notice of
Amended Final Determination of Sales
at Less Than Fair Value: Light-Walled
Rectangular Pipe and Tube From
Mexico, 73 FR 45400, 45401 (August 5,
2008).
These deposit requirements shall
remain in effect until further notice.
tkelley on DSK3SPTVN1PROD with NOTICES
Notifications to Interested Parties
This notice 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 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(a)(3). 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: January 4, 2012.
Christian Marsh,
Acting Assistant Secretary for Import
Administration.
Appendix
1. Offsetting of Negative Margins
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16:26 Jan 11, 2012
Jkt 226001
2. U.S. Packing Expense Clerical Error
[FR Doc. 2012–492 Filed 1–11–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
Madrid Protocol
ACTION:
Proposed collection; comment
request.
The United States Patent and
Trademark Office (USPTO), as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on the continuing information
collection, as required by the Paperwork
Reduction Act of 1995, Public Law 104–
13 (44 U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be
submitted on or before March 12, 2012.
ADDRESSES: You may submit comments
by any of the following methods:
• Email:
InformationCollection@uspto.gov.
Include ‘‘0651–0051 comment’’ in the
subject line of the message.
• Mail: Susan K. Fawcett, Records
Officer, Office of the Chief Information
Officer, United States Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450.
• Federal Rulemaking Portal: https://
www.regulations.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Sharon Marsh,
Deputy Commissioner for Trademark
Examination Policy, Office of the
Commissioner for Trademarks, United
States Patent and Trademark Office,
P.O. Box 1451, Alexandria, VA 22313–
1451, by telephone at (571) 272–8900, or
by email to Sharon.Marsh@uspto.gov.
Additional information about this
collection is also available at https://
www.reginfo.gov under ‘‘Information
Collection Review.’’
SUPPLEMENTARY INFORMATION:
I. Abstract
This collection of information is
required by the Trademark Act of 1946,
15 U.S.C. 1051 et seq., which provides
for the Federal registration of
trademarks, service marks, collective
trademarks and service marks, collective
membership marks, and certification
marks. Individuals and businesses that
use or intend to use such marks in
commerce may file an application to
register the marks with the United
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
1917
States Patent and Trademark Office
(USPTO).
The Protocol Relating to the Madrid
Agreement Concerning the International
Registration of Marks (‘‘Madrid
Protocol’’) is an international treaty that
allows a trademark owner to seek
registration in any of the participating
countries by filing a single international
application. The International Bureau
(IB) of the World Intellectual Property
Organization (WIPO) in Geneva,
Switzerland, administers the
international registration system. The
Madrid Protocol Implementation Act of
2002 amended the Trademark Act to
provide that: (1) The owner of a U.S.
application or registration may seek
protection of its mark in any of the
participating countries by submitting a
single international application to the IB
through the USPTO, and (2) the holder
of an international registration may
request an extension of protection of the
international registration to the United
States. The Madrid Protocol became
effective in the United States on
November 2, 2003, and is implemented
under 15 U.S.C. § 1141 et seq. and 37
CFR part 2 and part 7.
An international application
submitted through the USPTO must be
based on an active U.S. application or
registration and must be filed by the
owner of the application or registration.
The USPTO reviews the international
application to certify that it corresponds
to the data contained in the existing
U.S. application or registration before
forwarding the international application
to the IB. The IB then reviews the
international application to determine
whether the Madrid filing requirements
have been met and the required fees
have been paid. If the international
application is unacceptable, the IB will
send a notice of irregularity to the
USPTO and the applicant. The
applicant must respond to the
irregularities to avoid abandonment,
unless a response from the USPTO is
required. After any irregularities are
corrected and the application is
accepted, the IB registers the mark,
publishes the registration in the WIPO
Gazette of International Marks, and
sends a certificate to the holder.
When the mark is registered, the IB
notifies each country designated in the
application of the request for extension
of protection. Each designated country
then examines the request under its own
laws. Once an international registration
has been issued, the holder may also file
subsequent designations to request an
extension of protection to additional
countries.
Under Section 71 of the Trademark
Act, a registered extension of protection
E:\FR\FM\12JAN1.SGM
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Agencies
[Federal Register Volume 77, Number 8 (Thursday, January 12, 2012)]
[Notices]
[Pages 1915-1917]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-492]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico; Final Results
of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 12, 2012.
SUMMARY: On September 7, 2011, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on light-walled rectangular pipe
and tube from Mexico.\1\ This administrative review covers two
manufacturers/exporters and has a period of review (POR) from August 1,
2009, through July 31, 2010.
---------------------------------------------------------------------------
\1\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review, 76 FR 55352 (September 7, 2011) (Preliminary
Results).
---------------------------------------------------------------------------
Based on our analysis of the comments received on the preliminary
results, we have made changes to the margin calculations for one
company (Regiomontana de Perfiles y Tubos S.A. de C.V.) and, as a
result, the final results of review differ from the preliminary results
for this company. The final dumping margins for all reviewed companies
are listed below in the section entitled ``Final Results of Review.''
FOR FURTHER INFORMATION CONTACT: Brian Davis (Regiopytsa), Dena
Crossland (Maquilacero), or Edythe Artman, AD/CVD Operations, Office 7,
Import Administration, International Trade Administration, U.S.
Department
[[Page 1916]]
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-7924, (202) 482-3362, or (202) 482-3931,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 7, 2011, the Department published the Preliminary
Results. This second administrative review of the order covers sales of
subject merchandise, as described in the ``Scope of the Order'' section
below, made during the POR from August 1, 2009, through July 31, 2010.
Although we named four companies in the notice of initiation for this
review,\2\ we only reviewed the sales of two companies--Maquilacero
S.A. de C.V. (Maquilacero) and Regiomontana de Perfiles y Tubos S.A. de
C.V. (Regiopytsa)--as we rescinded the review for two other companies.
See Preliminary Results, 76 FR at 55353.
---------------------------------------------------------------------------
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 75 FR
60076 (September 29, 2010) at 60077.
---------------------------------------------------------------------------
We invited parties to comment on the Preliminary Results and
received case briefs from the respondent companies. None of the parties
requested a hearing on the issues raised in comments.
Period of Review
The POR is August 1, 2009, through July 31, 2010.
Scope of the Order
The merchandise that is the subject of this order is certain welded
carbon-quality light-walled steel pipe and tube, of rectangular
(including square) cross section, having a wall thickness of less than
4 mm. The term carbon-quality steel includes both carbon steel and
alloy steel which contains only small amounts of alloying elements.
Specifically, the term carbon-quality includes products in which none
of the elements listed below exceeds the quantity by weight
respectively indicated: 1.80 percent of manganese, or 2.25 percent of
silicon, or 1.00 percent of copper, or 0.50 percent of aluminum, or
1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of
lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10
percent of molybdenum, or 0.10 percent of niobium, or 0.15 percent
vanadium, or 0.15 percent of zirconium. The description of carbon-
quality is intended to identify carbon-quality products within the
scope. The welded carbon-quality rectangular pipe and tube subject to
this order is currently classified under the Harmonized Tariff Schedule
of the United States (HTSUS) subheadings 7306.61.50.00 and
7306.61.70.60. While HTSUS subheadings are provided for convenience and
Customs purposes, our written description of the scope of this order is
dispositive.
Analysis of Comments Received
All issues raised in the case briefs by parties to this antidumping
duty administrative review are addressed in the ``Issues and Decision
Memorandum for the Final Results of the Antidumping Duty Administrative
Review of Light-Walled Rectangular Pipe and Tube from Mexico'' from
Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary
for Import Administration, dated January 4, 2012 (Issues and Decision
Memorandum), which is hereby adopted by this notice. A list of all
issues, which parties have raised and to which we have responded, is in
the Issues and Decision Memorandum and is also attached to this notice
as an appendix. The Issues and Decision Memorandum is a public document
and is on file electronically via Import Administration's Antidumping
and Countervailing Duty Centralized Electronic Service System (IA
ACCESS). Access to IA ACCESS is available in the Central Records Unit
(CRU), room 7046 of the main Department of Commerce building. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the Internet at https://www.trade.gov/ia/. The
signed Issues and Decision Memorandum and the electronic versions of
the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made one
revision, a correction to the U.S. packing expense used to calculate
Regiopytsa's margin. This change has been detailed in Regiopytsa's
company-specific analysis memorandum, dated concurrently with this
notice and on file electronically via IA ACCESS, as noted above.
Specifically, we have revised the programming language in the U.S.
Margin Program to convert Regiopytsa's U.S. packing expenses from
Mexican pesos to U.S. dollars for purposes of calculating the foreign
unit price in dollars. See Comment 2 of the Issues and Decision
Memorandum.
Final Results of the Review
We determine that the following weighted-average dumping margins
exist on light-walled rectangular pipe and tube from Mexico for the
period August 1, 2009, through July 31, 2010:
------------------------------------------------------------------------
Percentage
Manufacturer or Exporter margin
------------------------------------------------------------------------
Maquilacero S.A. de C.V.................................... 0.80
Regiomontana de Perfiles y Tubos S.A. de C.V............... 3.20
------------------------------------------------------------------------
Assessment Rates
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries. In accordance with 19 CFR
351.212(b)(1), the Department normally calculates an assessment rate
for each importer of the subject merchandise covered by the review.
Because both Maquilacero and Regiopytsa reported the entered value for
all U.S. sales, we have calculated importer-specific, ad valorem duty
assessment rates based on the ratio of each importer's total amount of
antidumping duties calculated for the examined sales to the total
entered value of the sales for that importer. In the event an
assessment rate is above de minimis (de minimis being less than 0.5
percent in a review), we will instruct CBP to assess duties on all
entries of subject merchandise for that importer during the period from
August 1, 2009, through July 31, 2010.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
Notice). This clarification will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which these companies did not know that the
merchandise it sold to an intermediary was destined for the United
States. In such instances, we will instruct CBP to liquidate non-
reviewed entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction. For a full
discussion of this clarification, see Assessment Notice.
Pursuant to 19 CFR 351.106(c)(2), we intend to instruct CBP to
liquidate without regard to antidumping duties any entries for which
the assessment rate is de minimis. The Department intends to issue
assessment instructions directly to CBP 41 days after the publication
of these final results of review.
Cash-Deposit Requirements
The following cash-deposit requirements will be effective upon
publication of these final results of
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review for all shipments of the subject merchandise entered or
withdrawn from warehouse for consumption on or after the date of
publication, consistent with section 751(a)(1) of the Act: (1) The
cash-deposit rates for the reviewed companies will be the rates listed
above; (2) for previously-reviewed or investigated companies not
covered 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, a prior review, or the
less-than-fair-value (LTFV) investigation but the manufacturer is, the
cash-deposit rate will be the rate established for the manufacturer of
the merchandise for the most recent period; and (4) the cash-deposit
rate for all other manufacturers or exporters will continue to be 3.76
percent, the all-others rate published in the amended final
determination of the LTFV investigation. See Notice of Amended Final
Determination of Sales at Less Than Fair Value: Light-Walled
Rectangular Pipe and Tube From Mexico, 73 FR 45400, 45401 (August 5,
2008).
These deposit requirements shall remain in effect until further
notice.
Notifications to Interested Parties
This notice 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 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(a)(3). 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: January 4, 2012.
Christian Marsh,
Acting Assistant Secretary for Import Administration.
Appendix
1. Offsetting of Negative Margins
2. U.S. Packing Expense Clerical Error
[FR Doc. 2012-492 Filed 1-11-12; 8:45 am]
BILLING CODE 3510-DS-P