Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2010-11, 73617-73619 [2012-29646]

Download as PDF Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices Department’s Web site at http:// www.trade.gov/ia/. The signed I&D Memorandum and electronic versions of the I&D Memorandum are identical in content. Changes Since the Preliminary Results We have made no changes from the Preliminary Results. Scope of the Order The product covered by the order is certain CTL plate from the People’s Republic of China, subject to certain exceptions. Imports of subject merchandise are classified under the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) under subheadings: 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7212.40.5000, 7212.50.0000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive.2 Final Determination of No Shipments As noted in the Preliminary Results, the Department determined that Baosteel and Hunan Valin did not have any reviewable transactions during the POR.3 While Petitioner commented in its case brief on the possibility that Baosteel or Hunan Valin could have had sales of subject merchandise during the POR, as stated in the I&D Memorandum at Comment 3, we continue to find that neither party had shipments during the POR. Therefore, we will issue instructions to U.S. Customs and Border Protection (‘‘CBP’’) for both companies in the manner stated below. tkelley on DSK3SPTVN1PROD with Assessment Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. The Department intends to instruct CBP to liquidate entries of subject merchandise from Anshan and Liaoning at the PRC-wide rate of 128.59 percent. Additionally, pursuant to a recently announced refinement to its assessment practice in nonmarket economy cases, because the 2 For a full description of the scope of the order, see Suspension Agreement on Certain Cut-to-Length Carbon Steel Plate From the People’s Republic of China; Termination of Suspension Agreement and Notice of Antidumping Duty Order, 68 FR 60081 (October 21, 2003). 3 See Preliminary Results, 77 FR at 47594. VerDate Mar<15>2010 19:01 Dec 10, 2012 Jkt 229001 Department continues to determine that Baosteel and Hunan Valin had no shipments of the subject merchandise, any suspended entries that entered under these exporters’ case numbers (i.e., at that exporter’s rate) will be liquidated at the PRC-wide rate. For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this AR for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (‘‘the Act’’): (1) For Baosteel and Hunan Valin, which claimed no shipments, the cash deposit rate will remain unchanged from the rate assigned to these companies in the most recently completed review of the companies; (2) for previously investigated or reviewed PRC and nonPRC exporters who are not under review in this segment of the proceeding but who have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, including Anshan and Liaoning, the cash deposit rate will be the PRC-wide rate of 128.59 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that nonPRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers 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 Secretary’s presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 73617 disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice of the final results of the administrative review is issued and published in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(d)(4). Dated: December 3, 2012. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix Issue 1: Whether Anshan and Lioaning Should be Treated as Part of the PRC-wide Entity Issue 2: Whether Hunan Valin Should be Treated as Part of the PRC-wide Entity Issue 3: Whether the Department Should Continue to Review Baosteel’s and Hunan Valin’s POR Shipments [FR Doc. 2012–29887 Filed 12–10–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–805] Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2010–11 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests by interested parties, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain circular welded non-alloy steel pipe from Mexico. This administrative review covers mandatory respondents Pytco, S.A. de C.V. (PYTCO), Conduit S.A. de C.V. (Conduit); Mueller Comercial de Mexico, S. de R.L. de C.V. (Mueller); Lamina y Placa Comercial, S.A. de C.V. (Lamina y Placa); and Tuberia Nacional, S.A. de C.V. (TUNA). We preliminarily determine that the respondents did not have reviewable sales, shipments, or entries during the POR. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: December 11, 2012. AGENCY: E:\FR\FM\11DEN1.SGM 11DEN1 73618 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices FOR FURTHER INFORMATION CONTACT: Mark Flessner 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) 482–6312 or (202) 482– 0469, respectively. SUPPLEMENTARY INFORMATION: Period of Review The period of review (POR) is November 1, 2010, through October 31, 2011. Scope of the Order The products covered by the 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). The merchandise covered by the order and subject to this review is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings: 7306.30.10.00, 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 this proceeding is dispositive. For the complete scope, see Antidumping Duty Order.1 tkelley on DSK3SPTVN1PROD with Partial Rescission of Administrative Review Timely requests for administrative review of ten companies were received from parties. For a full description of requests for review and the methodology underlying our conclusions, see the Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, ‘‘Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Certain Circular Welded Non-Alloy Steel Pipe from Mexico,’’ (Preliminary Decision Memorandum), dated concurrently with this notice, which is hereby adopted by this notice. Petitioner Allied Tube and 1 See Notice of Antidumping Duty Orders: Certain Circular Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea (Korea), Mexico, and Venezuela and Amendment to Final Determination of Sales at Less Than Fair Value: Certain Welded Non-Alloy Steel Pipe from Korea, 57 FR 49453 (November 2, 1992) (Antidumping Duty Order). VerDate Mar<15>2010 19:01 Dec 10, 2012 Jkt 229001 Conduit (Allied) requested administrative reviews of the following companies: Conduit; Mueller; PYTCO; Lamina y Placa; and TUNA. Petitioner Wheatland Tube Company (Wheatland) requested administrative reviews of the following companies: Galvak, S.A. de C.V. (Galvak); Hylsa, S.A. de C.V. (Hylsa); Industrias Monterrey S.A. de C.V. (IMSA); Mueller; Southland Pipe Nipples Co., Inc. (Southland); Lamina y Placa; Ternium Mexico, S.A. de C.V. (Ternium); and TUNA. Petitioner U.S. Steel Corporation (U.S. Steel) requested administrative reviews of the following companies: Conduit; Mueller; Southland; Lamina y Placa; Ternium; and TUNA. On March 29, 2012, Wheatland timely withdrew its requests for administrative review with regard to all companies for whom it had requested an administrative review. Also on March 29, 2012, U.S. Steel timely withdrew its requests for administrative review with regard to all companies for whom it had requested an administrative review. The remaining companies for whom administrative reviews had been requested were TUNA, Lamina y Placa, Mueller, PYTCO, and Conduit. Therefore, in accordance with 19 CFR 351.213(d)(1), we preliminarily rescind the administrative review with respect to the companies named in the Initiation Notice 2 for which no request for administrative review remains on the record of this proceeding, to wit: Ternium, Galvak, Hylsa, IMSA, and Southland. Preliminary Determination of No Shipments A. No Shipments Claims PYTCO PYTCO submitted a letter to the Department indicating that it made no shipments or entries of subject merchandise to the United States during the POR that are subject to this administrative review. In response to the Department’s query, CBP data showed that a single entry of subject merchandise may have entered for consumption into the United States during the POR.3 In its claim of no shipments, PYTCO did not address the status of this single entry. Through multiple questionnaire responses, 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 76 FR 82268 (December 30, 2011) (Initiation Notice). 3 See Memorandum from Mark Flessner to the File entitled, ‘‘Certain Circular Welded Non-Alloy Steel Pipe from Mexico: Placement on the Record of U.S. Customs and Border Patrol Information for 2010–2011 Period of Review,’’ dated January 27, 2012, at Attachment 1. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 PYTCO provided additional documentation which demonstrated that the single entry in question had (a) been mischaracterized as subject merchandise and (b) did not involve an actual sale. We received no information from CBP to contradict the results of our data query and the claims made by this respondent. In addition, despite close questioning on the subject of sales by its POR affiliates, no evidence of sales by PYTCO’s affiliates was established on the record of this proceeding. Therefore, because the evidence on the record indicates that PYTCO (and its affiliates) made no shipments of subject merchandise to the United States during the POR, we preliminarily determine that there are no reviewable transactions during the POR for PYTCO. For further discussion, see the Preliminary Decision Memorandum. Since the implementation of the 1997 regulations, our practice concerning no shipment respondents had been to rescind the administrative review if the respondent certifies that it had no shipments and we have confirmed through our examination of CBP data that there were no shipments of subject merchandise during the POR.4 In such circumstances, we normally instructed CBP to liquidate any entries from the no shipment company at the deposit rate in effect on the date of entry. In our May 6, 2003, ‘‘automatic assessment’’ clarification, we explained that, where respondents in an administrative review demonstrate that they had no knowledge of sales through resellers to the United States, we would instruct CBP to liquidate such entries at the all-others rate applicable to the proceeding.5 Because ‘‘as entered’’ liquidation instructions do not alleviate the concerns which the Assessment Policy Notice was intended to address, we find it appropriate in this case to instruct CBP to liquidate any existing entries of merchandise produced by the respondents, and exported by other parties at the all-others rate, should we continue to find that the respondents had no shipments of subject merchandise in the POR in our final 4 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27393 (May 19, 1997); see also Oil Country Tubular Goods from Japan: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Review, 70 FR 53161, 53162 (September 5, 2007), unchanged in Oil Country Tubular Goods from Japan: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 71 FR 95 (January 3, 2006). 5 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). E:\FR\FM\11DEN1.SGM 11DEN1 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices results.6 In addition, the Department finds that it is more consistent with the Assessment Policy Notice not to rescind the review in its entirety but, rather, to complete the review with respect to the respondents, issuing appropriate instructions to CBP based on the final results of the review. See the ‘‘Assessment Rates’’ section of this notice below. B. Duty Absorption On January 30, 2012, Wheatland requested that the Department conduct a duty absorption inquiry with regard to each of the companies for whom an administrative review had been requested. See the Preliminary Decision Memorandum. Because this review was not initiated at the two-year or four-year interval from publication of the antidumping duty order, a duty absorption inquiry is not authorized. See Antidumping Duty Order. tkelley on DSK3SPTVN1PROD with Disclosure and Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit cases briefs not later than the later of 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.7 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.8 Case and rebuttal briefs should be filed using Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS).9 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Import Administration, filed electronically via IA ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 days after the date of publication of this notice.10 Requests should contain: (1) The party’s name, address and telephone number; 6 See, e.g., Magnesium Metal From the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the Russian Federation: Final Results of Antidumping Duty Administrative Review, 75 FR 56989, 56990 (September 17, 2010). 7 See 19 CFR 351.309(d). 8 See 19 CFR 351.309(c)(2) and (d)(2). 9 See 19 CFR 351.303. 10 See 19 CFR 351.310(c). VerDate Mar<15>2010 19:01 Dec 10, 2012 Jkt 229001 (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. The Department will issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. 73619 Dated: November 29, 2012. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum No Shipments Claim—PYTCO Duty Absorption [FR Doc. 2012–29646 Filed 12–10–12; 8:45 am] BILLING CODE 3510–DS–P Assessment Rates Upon completion of the administrative review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries, in accordance with 19 CFR 351.212. The Department intends to issue appraisement instructions directly to CBP 15 days after the date of publication of the final results of this review. As noted above, the Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See the Assessment Policy Notice. This clarification will apply to POR entries by each respondent company if we continue to make a final determination of no shipments based upon their certifications that they made no POR shipments of subject merchandise for which they had knowledge of U.S. destination. We will instruct CBP to liquidate these entries at the all-others rate established in the less-than-fairvalue investigation (32.62 percent) 11 if there is no rate for the intermediary involved in the transaction. See the Assessment Policy Notice for a full discussion of this clarification. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. The preliminary results of administrative review and this notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended. 11 See Final Determination of Sales at Less Than Fair Value: Circular Welded Non-Alloy Steel Pipe From Mexico, 57 FR 42953 (September 17, 1992). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–533–840] Final Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp From India Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On October 24, 2012, the Department of Commerce (the Department) published a notice of preliminary results of changed circumstances review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from India.1 In that notice, we preliminarily determined that Apex Frozen Foods Private Limited (Apex Frozen) is the successor-in-interest to Apex Exports (Apex) for purposes of determining antidumping duty cash deposits and liabilities. No interested party submitted comments on, or requested a public hearing to discuss, the Initiation and Preliminary Results. Therefore, for these final results, the Department continues to find that Apex Frozen is the successor-in-interest to Apex. DATES: Effective Date: December 11, 2012. AGENCY: FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or David Crespo, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone (202) 482–3874 or (202) 482– 3693, respectively. SUPPLEMENTARY INFORMATION: Background On September 6, 2012, Apex Frozen requested that the Department conduct 1 See Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp From India, 77 FR 64953 (Oct. 24, 2012) (Initiation and Preliminary Results). E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Pages 73617-73619]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29646]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-805]


Certain Circular Welded Non-Alloy Steel Pipe From Mexico: 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review; 2010-11

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

SUMMARY: In response to requests by interested parties, the Department 
of Commerce (the Department) is conducting an administrative review of 
the antidumping duty order on certain circular welded non-alloy steel 
pipe from Mexico. This administrative review covers mandatory 
respondents Pytco, S.A. de C.V. (PYTCO), Conduit S.A. de C.V. 
(Conduit); Mueller Comercial de Mexico, S. de R.L. de C.V. (Mueller); 
Lamina y Placa Comercial, S.A. de C.V. (Lamina y Placa); and Tuberia 
Nacional, S.A. de C.V. (TUNA). We preliminarily determine that the 
respondents did not have reviewable sales, shipments, or entries during 
the POR. Interested parties are invited to comment on these preliminary 
results.

DATES: Effective Date: December 11, 2012.

[[Page 73618]]


FOR FURTHER INFORMATION CONTACT: Mark Flessner 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-
6312 or (202) 482-0469, respectively.

SUPPLEMENTARY INFORMATION:

Period of Review

    The period of review (POR) is November 1, 2010, through October 31, 
2011.

Scope of the Order

    The products covered by the 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). The 
merchandise covered by the order and subject to this review is 
currently classified in the Harmonized Tariff Schedule of the United 
States (HTSUS) at subheadings: 7306.30.10.00, 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 this proceeding is dispositive. For the complete scope, see 
Antidumping Duty Order.\1\
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    \1\ See Notice of Antidumping Duty Orders: Certain Circular 
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea 
(Korea), Mexico, and Venezuela and Amendment to Final Determination 
of Sales at Less Than Fair Value: Certain Welded Non-Alloy Steel 
Pipe from Korea, 57 FR 49453 (November 2, 1992) (Antidumping Duty 
Order).
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Partial Rescission of Administrative Review

    Timely requests for administrative review of ten companies were 
received from parties. For a full description of requests for review 
and the methodology underlying our conclusions, see the Memorandum from 
Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting 
Assistant Secretary for Import Administration, ``Decision Memorandum 
for Preliminary Results of Antidumping Duty Administrative Review: 
Certain Circular Welded Non-Alloy Steel Pipe from Mexico,'' 
(Preliminary Decision Memorandum), dated concurrently with this notice, 
which is hereby adopted by this notice. Petitioner Allied Tube and 
Conduit (Allied) requested administrative reviews of the following 
companies: Conduit; Mueller; PYTCO; Lamina y Placa; and TUNA. 
Petitioner Wheatland Tube Company (Wheatland) requested administrative 
reviews of the following companies: Galvak, S.A. de C.V. (Galvak); 
Hylsa, S.A. de C.V. (Hylsa); Industrias Monterrey S.A. de C.V. (IMSA); 
Mueller; Southland Pipe Nipples Co., Inc. (Southland); Lamina y Placa; 
Ternium Mexico, S.A. de C.V. (Ternium); and TUNA. Petitioner U.S. Steel 
Corporation (U.S. Steel) requested administrative reviews of the 
following companies: Conduit; Mueller; Southland; Lamina y Placa; 
Ternium; and TUNA. On March 29, 2012, Wheatland timely withdrew its 
requests for administrative review with regard to all companies for 
whom it had requested an administrative review. Also on March 29, 2012, 
U.S. Steel timely withdrew its requests for administrative review with 
regard to all companies for whom it had requested an administrative 
review. The remaining companies for whom administrative reviews had 
been requested were TUNA, Lamina y Placa, Mueller, PYTCO, and Conduit. 
Therefore, in accordance with 19 CFR 351.213(d)(1), we preliminarily 
rescind the administrative review with respect to the companies named 
in the Initiation Notice \2\ for which no request for administrative 
review remains on the record of this proceeding, to wit: Ternium, 
Galvak, Hylsa, IMSA, and Southland.
---------------------------------------------------------------------------

    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 76 FR 
82268 (December 30, 2011) (Initiation Notice).
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Preliminary Determination of No Shipments

A. No Shipments Claims

PYTCO
    PYTCO submitted a letter to the Department indicating that it made 
no shipments or entries of subject merchandise to the United States 
during the POR that are subject to this administrative review. In 
response to the Department's query, CBP data showed that a single entry 
of subject merchandise may have entered for consumption into the United 
States during the POR.\3\ In its claim of no shipments, PYTCO did not 
address the status of this single entry. Through multiple questionnaire 
responses, PYTCO provided additional documentation which demonstrated 
that the single entry in question had (a) been mischaracterized as 
subject merchandise and (b) did not involve an actual sale. We received 
no information from CBP to contradict the results of our data query and 
the claims made by this respondent. In addition, despite close 
questioning on the subject of sales by its POR affiliates, no evidence 
of sales by PYTCO's affiliates was established on the record of this 
proceeding. Therefore, because the evidence on the record indicates 
that PYTCO (and its affiliates) made no shipments of subject 
merchandise to the United States during the POR, we preliminarily 
determine that there are no reviewable transactions during the POR for 
PYTCO. For further discussion, see the Preliminary Decision Memorandum.
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    \3\ See Memorandum from Mark Flessner to the File entitled, 
``Certain Circular Welded Non-Alloy Steel Pipe from Mexico: 
Placement on the Record of U.S. Customs and Border Patrol 
Information for 2010-2011 Period of Review,'' dated January 27, 
2012, at Attachment 1.
---------------------------------------------------------------------------

    Since the implementation of the 1997 regulations, our practice 
concerning no shipment respondents had been to rescind the 
administrative review if the respondent certifies that it had no 
shipments and we have confirmed through our examination of CBP data 
that there were no shipments of subject merchandise during the POR.\4\ 
In such circumstances, we normally instructed CBP to liquidate any 
entries from the no shipment company at the deposit rate in effect on 
the date of entry.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27393 (May 19, 1997); see also Oil Country Tubular Goods from Japan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Partial Rescission of Review, 70 FR 53161, 53162 (September 5, 
2007), unchanged in Oil Country Tubular Goods from Japan: Final 
Results and Partial Rescission of Antidumping Duty Administrative 
Review, 71 FR 95 (January 3, 2006).
---------------------------------------------------------------------------

    In our May 6, 2003, ``automatic assessment'' clarification, we 
explained that, where respondents in an administrative review 
demonstrate that they had no knowledge of sales through resellers to 
the United States, we would instruct CBP to liquidate such entries at 
the all-others rate applicable to the proceeding.\5\
---------------------------------------------------------------------------

    \5\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
---------------------------------------------------------------------------

    Because ``as entered'' liquidation instructions do not alleviate 
the concerns which the Assessment Policy Notice was intended to 
address, we find it appropriate in this case to instruct CBP to 
liquidate any existing entries of merchandise produced by the 
respondents, and exported by other parties at the all-others rate, 
should we continue to find that the respondents had no shipments of 
subject merchandise in the POR in our final

[[Page 73619]]

results.\6\ In addition, the Department finds that it is more 
consistent with the Assessment Policy Notice not to rescind the review 
in its entirety but, rather, to complete the review with respect to the 
respondents, issuing appropriate instructions to CBP based on the final 
results of the review. See the ``Assessment Rates'' section of this 
notice below.
---------------------------------------------------------------------------

    \6\ See, e.g., Magnesium Metal From the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989, 56990 (September 17, 2010).
---------------------------------------------------------------------------

B. Duty Absorption

    On January 30, 2012, Wheatland requested that the Department 
conduct a duty absorption inquiry with regard to each of the companies 
for whom an administrative review had been requested. See the 
Preliminary Decision Memorandum. Because this review was not initiated 
at the two-year or four-year interval from publication of the 
antidumping duty order, a duty absorption inquiry is not authorized. 
See Antidumping Duty Order.

Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs not later than the later of 30 days after the date of 
publication of this notice. Rebuttal briefs, limited to issues raised 
in the case briefs, may be filed not later than five days after the 
date for filing case briefs.\7\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\8\ Case and rebuttal briefs 
should be filed using Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA 
ACCESS).\9\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309(d).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
filed electronically via IA ACCESS. An electronically filed document 
must be received successfully in its entirety by the Department's 
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time 
within 30 days after the date of publication of this notice.\10\ 
Requests should contain: (1) The party's name, address and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs. The Department will issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act.
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    \10\ See 19 CFR 351.310(c).
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Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries, in accordance with 19 CFR 351.212. The Department intends to 
issue appraisement instructions directly to CBP 15 days after the date 
of publication of the final results of this review.
    As noted above, the Department clarified its ``automatic 
assessment'' regulation on May 6, 2003. See the Assessment Policy 
Notice. This clarification will apply to POR entries by each respondent 
company if we continue to make a final determination of no shipments 
based upon their certifications that they made no POR shipments of 
subject merchandise for which they had knowledge of U.S. destination. 
We will instruct CBP to liquidate these entries at the all-others rate 
established in the less-than-fair-value investigation (32.62 percent) 
\11\ if there is no rate for the intermediary involved in the 
transaction. See the Assessment Policy Notice for a full discussion of 
this clarification.
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    \11\ See Final Determination of Sales at Less Than Fair Value: 
Circular Welded Non-Alloy Steel Pipe From Mexico, 57 FR 42953 
(September 17, 1992).
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    The preliminary results of administrative review and this notice 
are issued and published in accordance with sections 751(a)(1) and 
777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: November 29, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

No Shipments Claim--PYTCO
Duty Absorption

[FR Doc. 2012-29646 Filed 12-10-12; 8:45 am]
BILLING CODE 3510-DS-P