Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Final Results and Partial Rescission of the 2010-2011 Antidumping Duty Administrative Review, 34342-34344 [2013-13557]

Download as PDF 34342 Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Notices occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: May 31, 2013. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Preliminary Determination of No Shipments 5. Verification 6. Comparisons to Normal Value 7. Determination of Comparison Method 8. Results of the Differential Pricing Analysis 9. Product Comparisons 10. Export Price 11. Normal Value 12. Cost of Production Analysis 13. Calculation of Normal Value Based on Home Market Prices 14. Recommendation [FR Doc. 2013–13566 Filed 6–6–13; 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: Final Results and Partial Rescission of the 2010– 2011 Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 11, 2012, 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.1 This administrative review covers five 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). The period of review (POR) is November 1, 2010 through October 31, 2011. We determine that PYTCO had one suspended entry but no reviewable sales during the POR, mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: 1 See Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2010–11, 77 FR 73617 (December 11, 2012) (Preliminary Results). VerDate Mar<15>2010 16:38 Jun 06, 2013 Jkt 229001 and that Conduit, Mueller, Lamina y Placa and TUNA had no reviewable sales of subject merchandise during the POR. DATES: As of June 7, 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 December 11, 2012, 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, 2010, to October 31, 2011. See Preliminary Results. In the Preliminary Results, the Department preliminarily rescinded this administrative review with respect to five additional respondents for which reviews had been initiated but subsequently timely withdrawn.2 These rescissions included the other mandatory respondent, Ternium Mexico, S.A. de C.V., which also had been selected for individual examination. In response to the Department’s invitation to comment on the Preliminary Results, domestic interested parties Allied Tube and Conduit and TMK–IPSCO filed a case brief on January 10, 2013. Respondent PYTCO filed a rebuttal brief on January 15, 2013. 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, 2 In accordance with 19 CFR 351.213(d)(1), we preliminarily rescinded the administrative review with respect to the companies named in the Initiation Notice for which no request for administrative review remained on the record of this proceeding, to wit: Galvak, S.A. de C.V. (Galvak); Hylsa, S.A. de C.V. (Hylsa); Industrias Monterrey S.A. de C.V. (IMSA); Southland Pipe Nipples Co., Inc. (Southland); and Ternium Mexico, S.A. de C.V. (Ternium). Ternium was selected as a mandatory respondent prior to petitioners’ withdrawal of the request for review with respect to Ternium. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 76 FR 82268 (December 30, 2011) (Initiation Notice); see also Preliminary Results. PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 threaded, or threaded and coupled).3 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 these proceedings is dispositive. Analysis of Comments Received All issues raised in the case brief and the rebuttal brief are addressed in the Issues and Decision Memorandum (Decision Memorandum) from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, dated May 30, 2013, which is hereby adopted by this notice. A list of the issues raised is attached to this notice as Appendix I. The 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 to registered users at http:// iaaccess.trade.gov, and to all parties 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 http:// www.trade.gov/ia/. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Mandatory Respondents As stated in the Preliminary Results, PYTCO submitted a claim that it ‘‘did not have any exports, sales, or entries of subject merchandise to the United States’’ during the POR. While CBP data showed that PYTCO had an antidumping suspended entry during the POR, ample record evidence indicated that this shipment did not involve an actual sale; no other reviewable sales were reflected in the CBP data. No information or argument 3 For the complete scope of this order, 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). E:\FR\FM\07JNN1.SGM 07JNN1 Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Notices since the Preliminary Results has changed this determination. Therefore, we have not calculated a weightedaverage dumping margin for PYTCO in these final results. As stated above, the request for administrative review of Ternium, which had been selected as a mandatory respondent, was timely withdrawn. mstockstill on DSK4VPTVN1PROD with NOTICES Non-Selected Respondents The companies for which administrative reviews were requested and not rescinded (see ‘‘Partial Rescission of Administrative Review’’ section of the Preliminary Results at 73618) but were not selected as mandatory respondents are TUNA, Lamina y Placa, Mueller, and Conduit. TUNA and its successor in interest,4 Lamina y Placa, jointly submitted a ‘‘no shipments’’ letter on February 28, 2013. Inquiries were made to CBP to confirm that no shipments by TUNA or Lamina y Placa were recorded at the ports during the POR. No record evidence contradicts the assertion of TUNA and Lamina y Placa that they made no shipments of subject merchandise into the United States. Therefore, we find that TUNA and Lamina y Placa did not make shipments of subject merchandise into the United States during this POR. Mueller submitted a ‘‘no shipments’’ letter on April 9, 2013. An inquiry was made to CBP to confirm that no shipments by Mueller were recorded at the ports during the POR. No record evidence contradicts the assertion of Mueller that it made no shipments of subject merchandise into the United States. Therefore, we find that Mueller did not make shipments of subject merchandise into the United States during this POR. Conduit also submitted a claim that ‘‘it did not have any exports, sales, or entries of the subject merchandise to the United States’’ during the POR on April 9, 2013. An inquiry was made to CBP to confirm that no reviewable sales by Conduit were recorded at the ports during the POR. No record evidence contradicts the assertion of Conduit that it made no reviewable sales of subject merchandise into the United States. Therefore, we find that Conduit did not make reviewable sales of subject merchandise into the United States during this POR. Final Rescissions of Administrative Review As stated above, all of the requests for administrative review with respect to 4 See Notice of Final Results of Antidumping Duty Changed Circumstances Review: Certain Circular Welded Non-Alloy Steel Pipe from Mexico, 75 FR 82374 (December 30, 2010). VerDate Mar<15>2010 16:38 Jun 06, 2013 Jkt 229001 Galvak, HYLSA, IMSA, Southland, and Ternium were timely withdrawn; the administrative reviews with respect to these five companies were preliminarily rescinded. See Preliminary Results. These administrative reviews are finally rescinded. Assessment The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries, pursuant to section 751(a)(1) of 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. 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) (reseller policy). This clarification will apply to entries of subject merchandise during the POR for which the exporter did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. For PYTCO’s no-sale entry, subject merchandise that is entered for consumption but is not sold either in the form as entered or as further manufactured merchandise to an unaffiliated customer in the United States is not subject to antidumping duties because there is no U.S. sale, and, therefore, no dumping in the United States. See Torrington Co. v. United States, 82 F.3d 1039 (Fed. Cir. 1996). Therefore, we will instruct CBP to liquidate this entry without regard to antidumping duties. For all entries by TUNA, Lamina y Placa, Mueller, and Conduit, we will instruct CBP to assess antidumping duties in accordance with the reseller policy. 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)(2)(C) of the Act: (1) The PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 34343 cash deposit rate for the reviewed companies will continue to be the company-specific rates published for the most recently completed segment in which the company participated; (2) for merchandise exported by producers or exporters not covered in this review, but covered in a previous segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which that manufacturer or exporter participated; (3) if the exporter is not a firm covered in a prior segment of this proceeding, but the manufacturer is, then the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the subject 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 original antidumping investigation.5 These deposit requirements, when imposed, shall remain in effect until further notice. Notifications 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 Tariff Act of 1930, as amended. 5 See Final Determination of Sales at Less Than Fair Value: Circular Welded Non-Alloy Steel Pipe From Mexico, 57 FR 42953 (September 17, 1992). E:\FR\FM\07JNN1.SGM 07JNN1 34344 Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Notices Dated: May 30, 2013. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix—List of Issues in Decision Memorandum Issue 1: Whether PYTCO Had Reviewable Sales Issue 2: Treating PYTCO and Conduit as a Single Entity and Applying AFA Issue 3: Whether To Inform CBP that PYTCO Misclassified Entries During the POR Issue 4: Whether To Order Liquidation of Any Entries Produced and/or Exported by Respondents at the ‘‘All Others’’ Rate [FR Doc. 2013–13557 Filed 6–6–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Travel and Tourism Trade Mission to Taiwan, Japan and Korea International Trade Administration, Department of Commerce. ACTION: Notice. AGENCY: Mission Description The United States Department of Commerce, International Trade Administration, U.S. & Foreign Commercial Service, is organizing a Trade Mission to Taiwan, Japan, and Korea March 10 –14, 2014. The purpose of the mission is to help U.S. firms in the travel and tourism industry find business partners and sell services in Taipei, Taiwan; Seoul, Korea; and Tokyo, Japan. The targeted sector for participation in this mission is travel and tourism, including U.S.-based travel and tourism suppliers, destination marketing organizations (i.e., convention and visitors bureaus), travel promotion organizations and other travel and tourism entities promoting and selling travel to the United States including trade associations. mstockstill on DSK4VPTVN1PROD with NOTICES Commercial Setting Taiwan Each year, roughly 41% of Taiwan’s 23 million people travel abroad and an estimated 300,000 traveled to the United States in 2012. The forecast is that nearly 400,000 visitors from Taiwan (a 25% increase) will travel to the United States annually by 2015 as a result of Taiwan’s entry into the U.S. Visa Waiver Program on November 1, 2012. Taiwan is the only economy to receive visa-free status in the last three years, and it is an exciting time to promote U.S. travel destinations given the pent- VerDate Mar<15>2010 16:38 Jun 06, 2013 Jkt 229001 up demand for travel to the United States from Taiwan. On average, a Taiwan visitor to the United States spends about $4,000 per trip. This number translates to over $1.1 billion yearly in travel and tourism spending by Taiwan outbound travelers to the United States. Taiwanese enjoy shopping, dining out, sightseeing in cities, experiencing amusement and theme parks, and visiting historic places. For Taiwan nationals, outbound travel is both a vital part of doing business in this trade-oriented economy and a trendy form of leisure holidays. Taiwan’s GDP per capita is one of the highest in Asia at approximately $20,400, which means that an increasing share of the population has the means to seek and enjoy leisure travel abroad. In the capital city, Taipei, it rains about 180 days each year, and Taiwan travelers are always searching for sunny and dry destinations for their holiday adventures. Taiwan is also the sixth-largest source of international students for the United States, many of whom have friends and family visiting them regularly and enjoying U.S. destinations and attractions. The United States is among the top five destinations for Taiwan outbound travelers, and is the top non-Asian and long-haul destination. Despite its popularity with Taiwan outbound travelers, the United States faces strong competition from other destinations that also don’t require a visa, such as Australia, China, Japan, Thailand and European Union countries. Korea In 2012, over 13.7 million Koreans, roughly one fourth of the population, traveled abroad and over one million traveled to the United States. It is estimated that by 2014 nearly 1.5 million Koreans (a 23% increase) will travel to the United States annually. On average, a Korean visitor to the United States spends approximately $3,500 per trip. This will translate to over $5 billion in tourism spending by Korean outbound travelers to the United States in 2014. Korea’s remarkable economic growth over the past 30 years has transformed the country, moving it from the ranks of developing nations to exclusive membership among the world’s most developed and richest economies. In 2012 Korea enjoyed a 2.1% increase in GDP, which now totals $1.14 trillion. Korea’s per capita GDP in 1963 was just $100. Today, it exceeds $32,400. Increased income has given Koreans the means to seek and enjoy leisure travel abroad. Industry experts expect that the PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 number of outbound travelers will continue to increase for the next five years and that demand for sophisticated and niche market travel, such as for meetings, conventions and exhibitions; cruises and edu-tourism will grow significantly. The United States remains one of the top five destinations for both Taiwan and Korean outbound travelers, and is the top non-Asian and long-haul destination for both countries. Despite its popularity with Taiwan and Korean outbound travelers, the United States faces strong competition from aggressive marketing from other destinations that also don’t require a visa, such as Australia, China, Japan, Thailand and the European Union. Japan Japan remains the world’s thirdlargest economy, after the United States and China, with a GDP of roughly $5.8 trillion. Japan is the fourth largest export market for U.S. goods and services, and was our fourth largest trading partner overall in 2012. Japan is a major source of travel to the United States, providing substantial economic benefits. An estimated 3.7 million Japanese visited the United States in 2012, ranking Japan 4th in number of travelers to the United States. Japan ranked second behind Canada, however, in the amount of total spending by travelers in the United States in 2012—close to $15 billion. The number of Japanese outbound travelers in 2012 was 18.5 million, an increase of 8.8 percent over the previous year. This is the highest in Japanese history. As of November 2012, 3.4 million Japanese visitors had traveled to the United States, a 14-percent increase over the same period last year. CS Japan projects that Japan should finish 2012 at around 3.7 million visitors to the United States. Projections for United States destinations remain good in 2013 regardless of any depreciation of the yen. After more than two decades of stagnation, Japan’s travel industry is seen as growing. With the implementation of the Open Skies Agreement and the introduction of the Boeing 787 Dreamliner, new nonstop flights have begun between Boston, Seattle, San Diego, San Jose, and Denver with Tokyo. In addition, BrandUSA and the Japan Association of Travel Agents successfully implemented a ‘‘Japan-U.S. Tourism Exchange Year’’ in 2012/13. As a result, the United States has enjoyed high visibility in recent months, and now is an excellent time for the U.S. travel industry to capitalize on that groundwork to actively promote their E:\FR\FM\07JNN1.SGM 07JNN1

Agencies

[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34342-34344]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13557]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-805]


Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Final 
Results and Partial Rescission of the 2010-2011 Antidumping Duty 
Administrative Review

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

SUMMARY: On December 11, 2012, 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.\1\ This administrative review covers five 
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). The period of review (POR) is November 
1, 2010 through October 31, 2011. We determine that PYTCO had one 
suspended entry but no reviewable sales during the POR, and that 
Conduit, Mueller, Lamina y Placa and TUNA had no reviewable sales of 
subject merchandise during the POR.
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    \1\ See Certain Circular Welded Non-Alloy Steel Pipe From 
Mexico: Preliminary Results and Partial Rescission of Antidumping 
Duty Administrative Review; 2010-11, 77 FR 73617 (December 11, 2012) 
(Preliminary Results).

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DATES: As of June 7, 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 December 11, 2012, 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, 2010, to October 31, 2011. See 
Preliminary Results. In the Preliminary Results, the Department 
preliminarily rescinded this administrative review with respect to five 
additional respondents for which reviews had been initiated but 
subsequently timely withdrawn.\2\ These rescissions included the other 
mandatory respondent, Ternium Mexico, S.A. de C.V., which also had been 
selected for individual examination.
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    \2\ In accordance with 19 CFR 351.213(d)(1), we preliminarily 
rescinded the administrative review with respect to the companies 
named in the Initiation Notice for which no request for 
administrative review remained on the record of this proceeding, to 
wit: Galvak, S.A. de C.V. (Galvak); Hylsa, S.A. de C.V. (Hylsa); 
Industrias Monterrey S.A. de C.V. (IMSA); Southland Pipe Nipples 
Co., Inc. (Southland); and Ternium Mexico, S.A. de C.V. (Ternium). 
Ternium was selected as a mandatory respondent prior to petitioners' 
withdrawal of the request for review with respect to Ternium. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews and Request for Revocation in Part, 76 FR 82268 (December 
30, 2011) (Initiation Notice); see also Preliminary Results.
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    In response to the Department's invitation to comment on the 
Preliminary Results, domestic interested parties Allied Tube and 
Conduit and TMK-IPSCO filed a case brief on January 10, 2013. 
Respondent PYTCO filed a rebuttal brief on January 15, 2013.

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).\3\ 
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 these proceedings is dispositive.
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    \3\ For the complete scope of this order, 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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Analysis of Comments Received

    All issues raised in the case brief and the rebuttal brief are 
addressed in the Issues and Decision Memorandum (Decision Memorandum) 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting 
Assistant Secretary for Import Administration, dated May 30, 2013, 
which is hereby adopted by this notice. A list of the issues raised is 
attached to this notice as Appendix I. The 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 
to registered users at http://iaaccess.trade.gov, and to all parties 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 http://www.trade.gov/ia/. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Mandatory Respondents

    As stated in the Preliminary Results, PYTCO submitted a claim that 
it ``did not have any exports, sales, or entries of subject merchandise 
to the United States'' during the POR. While CBP data showed that PYTCO 
had an antidumping suspended entry during the POR, ample record 
evidence indicated that this shipment did not involve an actual sale; 
no other reviewable sales were reflected in the CBP data. No 
information or argument

[[Page 34343]]

since the Preliminary Results has changed this determination. 
Therefore, we have not calculated a weighted-average dumping margin for 
PYTCO in these final results.
    As stated above, the request for administrative review of Ternium, 
which had been selected as a mandatory respondent, was timely 
withdrawn.

Non-Selected Respondents

    The companies for which administrative reviews were requested and 
not rescinded (see ``Partial Rescission of Administrative Review'' 
section of the Preliminary Results at 73618) but were not selected as 
mandatory respondents are TUNA, Lamina y Placa, Mueller, and Conduit.
    TUNA and its successor in interest,\4\ Lamina y Placa, jointly 
submitted a ``no shipments'' letter on February 28, 2013. Inquiries 
were made to CBP to confirm that no shipments by TUNA or Lamina y Placa 
were recorded at the ports during the POR. No record evidence 
contradicts the assertion of TUNA and Lamina y Placa that they made no 
shipments of subject merchandise into the United States. Therefore, we 
find that TUNA and Lamina y Placa did not make shipments of subject 
merchandise into the United States during this POR.
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    \4\ See Notice of Final Results of Antidumping Duty Changed 
Circumstances Review: Certain Circular Welded Non-Alloy Steel Pipe 
from Mexico, 75 FR 82374 (December 30, 2010).
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    Mueller submitted a ``no shipments'' letter on April 9, 2013. An 
inquiry was made to CBP to confirm that no shipments by Mueller were 
recorded at the ports during the POR. No record evidence contradicts 
the assertion of Mueller that it made no shipments of subject 
merchandise into the United States. Therefore, we find that Mueller did 
not make shipments of subject merchandise into the United States during 
this POR.
    Conduit also submitted a claim that ``it did not have any exports, 
sales, or entries of the subject merchandise to the United States'' 
during the POR on April 9, 2013. An inquiry was made to CBP to confirm 
that no reviewable sales by Conduit were recorded at the ports during 
the POR. No record evidence contradicts the assertion of Conduit that 
it made no reviewable sales of subject merchandise into the United 
States. Therefore, we find that Conduit did not make reviewable sales 
of subject merchandise into the United States during this POR.

Final Rescissions of Administrative Review

    As stated above, all of the requests for administrative review with 
respect to Galvak, HYLSA, IMSA, Southland, and Ternium were timely 
withdrawn; the administrative reviews with respect to these five 
companies were preliminarily rescinded. See Preliminary Results. These 
administrative reviews are finally rescinded.

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, pursuant to section 751(a)(1) of 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.
    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) (reseller 
policy). This clarification will apply to entries of subject 
merchandise during the POR for which the exporter did not know its 
merchandise was destined for the United States. In such instances, we 
will instruct CBP to liquidate unreviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction.
    For PYTCO's no-sale entry, subject merchandise that is entered for 
consumption but is not sold either in the form as entered or as further 
manufactured merchandise to an unaffiliated customer in the United 
States is not subject to antidumping duties because there is no U.S. 
sale, and, therefore, no dumping in the United States. See Torrington 
Co. v. United States, 82 F.3d 1039 (Fed. Cir. 1996). Therefore, we will 
instruct CBP to liquidate this entry without regard to antidumping 
duties.
    For all entries by TUNA, Lamina y Placa, Mueller, and Conduit, we 
will instruct CBP to assess antidumping duties in accordance with the 
reseller policy.

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)(2)(C) of the Act: (1) The cash 
deposit rate for the reviewed companies will continue to be the 
company-specific rates published for the most recently completed 
segment in which the company participated; (2) for merchandise exported 
by producers or exporters not covered in this review, but covered in a 
previous segment of this proceeding, the cash deposit rate will 
continue to be the company-specific rate published for the most 
recently completed segment of this proceeding in which that 
manufacturer or exporter participated; (3) if the exporter is not a 
firm covered in a prior segment of this proceeding, but the 
manufacturer is, then the cash deposit rate will be the rate 
established for the most recently completed segment of this proceeding 
for the manufacturer of the subject 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 original 
antidumping investigation.\5\ These deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \5\ See Final Determination of Sales at Less Than Fair Value: 
Circular Welded Non-Alloy Steel Pipe From Mexico, 57 FR 42953 
(September 17, 1992).
---------------------------------------------------------------------------

Notifications

    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 Tariff Act of 1930, as amended.


[[Page 34344]]


     Dated: May 30, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix--List of Issues in Decision Memorandum

Issue 1: Whether PYTCO Had Reviewable Sales
Issue 2: Treating PYTCO and Conduit as a Single Entity and Applying 
AFA
Issue 3: Whether To Inform CBP that PYTCO Misclassified Entries 
During the POR
Issue 4: Whether To Order Liquidation of Any Entries Produced and/or 
Exported by Respondents at the ``All Others'' Rate

[FR Doc. 2013-13557 Filed 6-6-13; 8:45 am]
BILLING CODE 3510-DS-P