Certain Circular Welded Non-Alloy Steel Pipe from Mexico: Notice of Amended Final Results of Antidumping Duty Administrative Review Pursuant to Settlement, 17637 [2013-06678]

Download as PDF Federal Register / Vol. 78, No. 56 / Friday, March 22, 2013 / Notices deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 234.51 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 exporters that supplied that nonPRC exporter. The deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Orders In accordance with 19 CFR 351.305(a)(3), 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 disclosed under APO, 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. We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. srobinson on DSK4SPTVN1PROD with NOTICES Dated: March 18, 2013. Paul Piquado, Assistant Secretary for Import Administration. DEPARTMENT OF COMMERCE International Trade Administration [A–201–805] Certain Circular Welded Non-Alloy Steel Pipe from Mexico: Notice of Amended Final Results of Antidumping Duty Administrative Review Pursuant to Settlement Import Administration, International Trade Administration, Department of Commerce DATES: Effective Date: March 22, 2013. 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 and (202) 482–0649, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 9, 2010, the Department of Commerce (the Department) published the final results of its administrative review of the antidumping duty order on certain circular welded non-alloy steel pipe from Mexico. The period of review (POR) is November 1, 2007, through October 31, 2008.1 In the Final Results, the Department assigned to Mueller Comercial de Mexico, S. de R.L. de C.V. (Mueller), an exporter of certain circular welded nonalloy steel pipe from Mexico to the United States, an adverse facts available (AFA) rate of 48.33 percent. The application of AFA was necessitated by Mueller’s failure to cooperate with the Department and impeding this administrative review by ignoring multiple requests for information. Following the publication of the final results, Mueller filed a lawsuit with the United States Court of International Trade (CIT) challenging the Department’s final results of administrative review.2 The Court remanded this matter to the Department ordering that the Department ‘‘shall reconsider its determination not to apply the ‘all others’ rate to Mueller’s entries.’’ See the Opinion at 23. The Department complied with the Court order and reconsidered its Appendix I Comment 1: Treatment of the Tai Wa Hong Group’s Sales Comment 2: Cash Deposit and Liquidation Instructions [FR Doc. 2013–06682 Filed 3–21–13; 8:45 am] BILLING CODE 3510–DS–P VerDate Mar<15>2010 18:27 Mar 21, 2013 Jkt 229001 1 See Certain Circular Welded Non-Alloy Steel Pipe from Mexico: Final Results of Antidumping Duty Administrative Review and Rescission of Administrative Review in Part, 75 FR 20342 (April 19, 2010) (Final Results). 2 See Mueller Comercial de Mexico, S. de R.L. de C.V., and Southland Pipe Nipples Co., Inc. v. United States, Court No. 10–00163, Slip Op. 11–159 (December 16, 2011) (the Opinion). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 17637 determination not to apply the ‘‘all others’’ rate to a non-cooperating respondent. In the Final Results of Redetermination Pursuant to Court Remand, for the reasons set forth in the review, the Department found the ‘‘all others’’ rate was not sufficient to deter non-compliance by Mueller.3 The United States and Mueller have now entered into an agreement to settle this dispute. The Court issued its Order of Judgment by Stipulation on February 27, 2013. Pursuant to the Court’s Order of Judgment by Stipulation, the Department will order liquidation of the unliquidated entries of certain circular welded non-alloy steel pipe from Mexico, produced and/or exported by Mueller Comercial de Mexico, S. de R.L. de C.V., and entered or withdrawn from warehouse, for consumption in the United States, from November 1, 2007 through October 31, 2008, at the rate of 40.475 percent agreed to by the parties. We are issuing this determination and publishing these final results of antidumping duty administrative review pursuant to settlement and notice in accordance with 19 U.S.C. 1516a(e). Dated: March 14, 2013. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2013–06678 Filed 3–21–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–833] Polyester Staple Fiber From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2011– 2012 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on polyester staple fiber (PSF) from Taiwan. The period of review (POR) is May 1, 2011, through April 30, 2012. The review covers two producers/exporters of the subject merchandise, Far Eastern New Century Corporation (FENC) and Nan Ya Plastics Corporation (Nan Ya). We preliminarily find that FENC has not AGENCY: 3 See Final Results of Redetermination Pursuant to Court Remand: Certain Circular Welded NonAlloy Steel Pipe from Mexico, Mueller Comercial de Mexico, S. de R.L. de C.V., and Southland Pipe Nipples Co., Inc. v. United States, Court No. 10– 00163, Slip Op. 11–159 (CIT December 16, 2011), dated May 14, 2012. E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 78, Number 56 (Friday, March 22, 2013)]
[Notices]
[Page 17637]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06678]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-805]


Certain Circular Welded Non-Alloy Steel Pipe from Mexico: Notice 
of Amended Final Results of Antidumping Duty Administrative Review 
Pursuant to Settlement

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

DATES: Effective Date: March 22, 2013.

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 and (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 9, 2010, the Department of Commerce (the Department) 
published the final results of its administrative review of the 
antidumping duty order on certain circular welded non-alloy steel pipe 
from Mexico. The period of review (POR) is November 1, 2007, through 
October 31, 2008.\1\
---------------------------------------------------------------------------

    \1\ See Certain Circular Welded Non-Alloy Steel Pipe from 
Mexico: Final Results of Antidumping Duty Administrative Review and 
Rescission of Administrative Review in Part, 75 FR 20342 (April 19, 
2010) (Final Results).
---------------------------------------------------------------------------

    In the Final Results, the Department assigned to Mueller Comercial 
de Mexico, S. de R.L. de C.V. (Mueller), an exporter of certain 
circular welded non-alloy steel pipe from Mexico to the United States, 
an adverse facts available (AFA) rate of 48.33 percent. The application 
of AFA was necessitated by Mueller's failure to cooperate with the 
Department and impeding this administrative review by ignoring multiple 
requests for information.
    Following the publication of the final results, Mueller filed a 
lawsuit with the United States Court of International Trade (CIT) 
challenging the Department's final results of administrative review.\2\ 
The Court remanded this matter to the Department ordering that the 
Department ``shall reconsider its determination not to apply the `all 
others' rate to Mueller's entries.'' See the Opinion at 23. The 
Department complied with the Court order and reconsidered its 
determination not to apply the ``all others'' rate to a non-cooperating 
respondent. In the Final Results of Redetermination Pursuant to Court 
Remand, for the reasons set forth in the review, the Department found 
the ``all others'' rate was not sufficient to deter non-compliance by 
Mueller.\3\
---------------------------------------------------------------------------

    \2\ See Mueller Comercial de Mexico, S. de R.L. de C.V., and 
Southland Pipe Nipples Co., Inc. v. United States, Court No. 10-
00163, Slip Op. 11-159 (December 16, 2011) (the Opinion).
    \3\ See Final Results of Redetermination Pursuant to Court 
Remand: Certain Circular Welded Non-Alloy Steel Pipe from Mexico, 
Mueller Comercial de Mexico, S. de R.L. de C.V., and Southland Pipe 
Nipples Co., Inc. v. United States, Court No. 10-00163, Slip Op. 11-
159 (CIT December 16, 2011), dated May 14, 2012.
---------------------------------------------------------------------------

    The United States and Mueller have now entered into an agreement to 
settle this dispute. The Court issued its Order of Judgment by 
Stipulation on February 27, 2013. Pursuant to the Court's Order of 
Judgment by Stipulation, the Department will order liquidation of the 
unliquidated entries of certain circular welded non-alloy steel pipe 
from Mexico, produced and/or exported by Mueller Comercial de Mexico, 
S. de R.L. de C.V., and entered or withdrawn from warehouse, for 
consumption in the United States, from November 1, 2007 through October 
31, 2008, at the rate of 40.475 percent agreed to by the parties.
    We are issuing this determination and publishing these final 
results of antidumping duty administrative review pursuant to 
settlement and notice in accordance with 19 U.S.C. 1516a(e).

    Dated: March 14, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-06678 Filed 3-21-13; 8:45 am]
BILLING CODE 3510-DS-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.