Certain Circular Welded Non-Alloy Steel Pipe from Mexico: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2011-2012, 48647-48649 [2013-19350]
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Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Notices
written requests by September 15, 2013
will have the opportunity to address the
Committee at those sessions.
Dated: August 5, 2013.
John F. Peterson,
Designated Federal Official.
[FR Doc. 2013–19281 Filed 8–8–13; 8:45 am]
BILLING CODE 3410–11–P
Dated: July 31, 2013.
Michael T. Esters,
Designated Federal Officer.
DEPARTMENT OF AGRICULTURE
Forest Service
BILLING CODE 3410–11–P
Forest Service, USDA.
Notice of meeting.
AGENCY:
pmangrum on DSK3VPTVN1PROD with NOTICES
DEPARTMENT OF COMMERCE
The Delta-Bienville Resource
Advisory Committee will meet in
Forest, Mississippi. The committee is
meeting as authorized under the Secure
Rural Schools and Community SelfDetermination Act (Pub. L. 110–343)
and in compliance with the Federal
Advisory Committee Act. The purpose
of the meeting is to present proposed
projects for discussion and approval.
DATES: The meeting will be held on
October 1, 2013, and will begin at 6:00
p.m.
ADDRESSES: The meeting will be held at
the Bienville Ranger District Work
Center, Hwy 501 South, 935A South
Raleigh St, Forest, Mississippi 39074.
Written comments should be sent to
Michael T. Esters, Bienville Ranger
District Office, 3473 Hwy 35 South,
Forest, Mississippi 39074. Comments
may also be sent via email to
mesters@fs.fed.us, or via facsimile to
601 469–2513.
All comments, including names and
addresses when provided, are placed in
the record and are available for public
inspection and copying. The public may
inspect comments received at Bienville
Ranger District Office, 3473 Hwy 35
South, Forest, Mississippi 39074.
Visitors are encouraged to call ahead to
601 469–3811 to facilitate entry into the
building.
FOR FURTHER INFORMATION CONTACT:
Nefisia Kittrell, RAC coordinator,
USDA, Bienville Ranger District Office,
3473 Hwy 35 South, Forest, Mississippi;
(601) 469–3811; Email
nkittrell@fs.fed.us.
Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8:00 a.m. and 8:00 p.m.,
Eastern Standard Time, Monday
through Friday.
SUPPLEMENTARY INFORMATION: The
meeting is open to the public. The
SUMMARY:
VerDate Mar<15>2010
14:54 Aug 08, 2013
Jkt 229001
Foreign-Trade Zones Board
[B–30–2013]
Foreign–Trade Zone 225—Springfield,
Missouri; Authorization of Production
Activity; General Dynamics Ordnance
and Tactical Systems Munitions
Services (Demilitarization of
Munitions); Carthage, Missouri
On April 3, 2013, the City of
Springfield Airport Board, grantee of
FTZ 225, submitted a notification of
proposed production activity to the
Foreign-Trade Zones (FTZ) Board on
behalf of General Dynamics Ordnance
and Tactical Systems Munitions
Services, within Site 3 of FTZ 225, in
Carthage, Missouri.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (78 FR 22512, 4–16–
2013). The FTZ Board has determined
that no further review of the activity is
warranted at this time. The production
activity described in the notification is
authorized, subject to the FTZ Act and
the Board’s regulations, including
Section 400.14.
Dated: August 1, 2013.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–19346 Filed 8–8–13; 8:45 am]
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; 2011–2012
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 originally covered eight
respondents: Conduit S.A. de C.V.
(Conduit); Ternium Mexico, S.A. de
C.V. (Ternium); Tuberia Nacional, S.A.
de C. V. (TUNA); Lamina y Placa
Comercial, S.A. de C.V. (Lamina);
Mueller Comercial de Mexico, S. de R.L.
de C.V. (Mueller); Regiomontana de
Perfiles y Tubos, S.A. de C.V.
(Regiopytsa); PYTCO, S.A. de C.V.
(PYTCO); and Southland Pipe Nipples
Co., Inc. (Southland). All requests for
administrative review of PYTCO,
Conduit, Southland, and Ternium were
withdrawn and we are consequently
rescinding this administrative review, in
part, with respect to these four
companies. We preliminarily determine
that TUNA, Lamina, Mueller, and
Regiopysta made no shipments during
the period of review (POR). Interested
parties are invited to comment on these
preliminary results.
DATES: Effective Date: August 9, 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 or (202) 482–
0469, respectively.
SUPPLEMENTARY INFORMATION:
Period of Review
The POR is November 1, 2011,
through October 31, 2012.
BILLING CODE 3510–DS–P
PO 00000
DEPARTMENT OF COMMERCE
AGENCY:
[FR Doc. 2013–19368 Filed 8–8–13; 8:45 am]
Delta-Bienville Resource Advisory
Committee
ACTION:
following business will be conducted:
(1) The purpose of the meeting is to
present proposed projects for discussion
and approval. Persons who wish to
bring related matters to the attention of
the Committee may file written
statements with the Committee staff
before or after the meeting.
48647
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
Frm 00006
Fmt 4703
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09AUN1
48648
Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Notices
(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.
A full description of the scope of the
order is contained in the Memorandum
from Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for Import
Administration, ‘‘Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative
Review: Certain Circular Welded NonAlloy Steel Pipe from Mexico,’’
(Preliminary Decision Memorandum),
dated concurrently with this notice,
which is hereby adopted by this notice.
The Preliminary 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).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov, and is
available to all parties in the Central
Records Unit, Room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
pmangrum on DSK3VPTVN1PROD with NOTICES
Background
Timely requests for administrative
review of eight companies were
received from parties.1 For a full
description of requests for review and
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Partial Rescission of Administrative
Review
All requests for review were timely
withdrawn for PYTCO, Conduit,
Southland, and Ternium. Therefore, in
accordance with 19 CFR 351.213(d)(1),
1 These eight companies are Conduit, Ternium,
TUNA, Lamina, Mueller, Regiopytsa, PYTCO,
Southland. By its clarification of December 10,
2013, the petitioner, United States Steel
Corporation, excluded Southland from its requests;
see the Preliminary Decision Memorandum at 2.
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14:54 Aug 08, 2013
Jkt 229001
we rescind, in part, the administrative
review with respect to these companies.
Preliminary Determination of No
Shipments
TUNA, Lamina, Mueller, and
Regiopytsa have each submitted claims
of no shipments during the POR. None
of these statements is inconsistent with
the data contained in the U.S. Customs
and Border Protection (CBP)
Information Memorandum.2 No party
has submitted comments with respect to
either the CBP Information
Memorandum or any party’s claim of no
shipments. In accordance with our
standard practice with claims of no
shipment, the Department made
additional inquiries to CBP for each of
these companies. We received no
information from CBP to contradict the
results of our data queries and the
claims made by these companies.
Therefore, we preliminarily determine
that TUNA, Lamina, Mueller, and
Regiopysta made no shipments during
the POR. For further discussion, see the
Preliminary Decision Memorandum.
Consistent with our practice, the
Department finds that it is not
appropriate to rescind the review with
respect to TUNA, Lamina, Mueller, and
Regiopysta, but rather to complete the
review with respect to TUNA, Lamina,
Mueller, and Regiopysta, and to issue
appropriate instructions to CBP based
on the final results of this review.
Preliminary Results of Review
For the respondents which remain
under review (TUNA, Lamina, Mueller,
and Regiopytsa), the Department
preliminarily finds that each had no
shipments of subject merchandise
during the POR. Therefore, the
Department has not calculated a
weighted-average dumping margin for
any respondent in this administrative
review.
Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c),
interested parties may submit cases
briefs not later than 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.3 Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to submit
2 See the 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
2011–2012 Period of Review’’ (CBP Information
Memorandum). Note that the agency’s proper title,
U.S. Customs and Border Protection, was misstated
in the memorandum title.
3 See 19 CFR 351.309(d).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.4
Case and rebuttal briefs should be filed
using IA ACCESS.5
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 5:00 p.m.
Eastern Standard Time within 30 days
after the date of publication of this
notice.6 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.
Cash Deposit Requirements
The Department has not calculated
weighted-average dumping margins for
any respondent in this administrative
review. Therefore, the existing cash
deposit rates will continue to remain in
effect.
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 41 days after the date of
publication of the final results of this
review.
As noted above, the Department has
rescinded this administrative review for
PYTCO, Conduit, Southland and
Ternium. For these exporters and/or
producers, the Department will instruct
CBP to liquidate all appropriate entries
as entered.
If TUNA’s, Lamina’s, Mueller’s, or
Regiopysta’s weighted-average dumping
margins are not zero or de minimis (i.e.,
less than 0.5 percent) in the final results
of this review, we will calculate
importer-specific assessment rates on
4 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.303.
6 See 19 CFR 351.310(c).
5 See
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Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Notices
the basis of the ratio of the total amount
of dumping calculated for the importer’s
examined sales and the total entered
value of the sales in accordance with 19
CFR 351.212(b)(1). Where either a
respondent’s weighted-average dumping
margin is zero or de minimis, or an
importer-specific assessment rate is zero
or de minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003.7 This clarification will
apply to entries of subject merchandise
during the POR produced by TUNA,
Lamina, Mueller, or Regiopysta for
which these companies did not know
that the 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. Further, instead of
rescinding the review with respect to
TUNA, Lamina, Mueller, and
Regiopysta, we find it appropriate to
complete the review and issue
liquidation instructions to CBP
concerning entries for TUNA, Lamina,
Mueller, and Regiopysta following
issuance of the final results of review.
If we continue to find that TUNA,
Lamina, Mueller, and Regiopysta had no
shipments of subject merchandise in the
final results, we will instruct CBP to
liquidate any existing entries of
merchandise produced by TUNA,
Lamina, Mueller, and Regiopysta, but
exported by other parties at the rate for
the intermediate reseller, if available, or
at the all-others rate.8
Notification to Importers
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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.
7 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
8 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 (September 17, 2010).
VerDate Mar<15>2010
14:54 Aug 08, 2013
Jkt 229001
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act
of 1930, as amended.
Dated: August 1, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
A. Partial Rescission of Administrative
Review
B. No Shipments Claims
[FR Doc. 2013–19350 Filed 8–8–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–421–811]
Purified Carboxymethylcellulose From
the Netherlands: Preliminary Results
of Antidumping Duty Administrative
Review and Preliminary No Shipment
Determination; 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 purified
carboxymethylcellulose (purified CMC)
from the Netherlands. The period of
review (POR) is July 1, 2011, through
June 30, 2012. The review covers two
producers/exporters of the subject
merchandise, Akzo Nobel Functional
Chemicals, B.V. (Akzo Nobel) and CP
Kelco, B.V. (CP Kelco).
We preliminarily determine that sales
of subject merchandise by Akzo Nobel
were made at less than normal value
and CP Kelco had no shipments of
subject merchandise during the POR.
DATES: Effective Date: August 9, 2013.
FOR FURTHER INFORMATION CONTACT: John
Drury or Angelica Mendoza, 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) 482–0195 or (202) 482–
3019, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise covered by the order
is all purified CMC. The merchandise
subject to the order is currently
classified in the Harmonized Tariff
Schedule of the United States at
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
48649
subheading 3912.31.00. This tariff
classification is provided for
convenience and Customs purposes;
however, the written description of the
scope of the order is dispositive. A full
description of the scope of the order is
contained in the memorandum from
Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for Import
Administration, titled ‘‘Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative
Review: Purified
Carboxymethylcellulose from the
Netherlands’’ (Preliminary Decision
Memorandum), which is issued
concurrent with and hereby adopted by
this notice.
The Preliminary 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 https://
iaaccess.trade.gov and is available to all
parties in the Central Records Unit,
Room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
www.trade.gov/ia/frn/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Methodology
The Department has conducted this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Constructed export
price (CEP) is calculated in accordance
with section 772 of the Act. Normal
value is calculated in accordance with
section 773 of the Act. In accordance
with section 773(b) of the Act, we
disregarded certain sales made by Akzo
Nobel in the home market which were
made at below-cost prices. To determine
the appropriate comparison method, the
Department applied a ‘‘differential
pricing’’ analysis and has preliminarily
determined to apply the average-totransaction method to the portion of
U.S. sales which passed the Cohen’s d
test and the average-to-average method
to the remaining portion of U.S. sales
which did not pass the Cohen’s d test
in order to calculate Akzo Nobel’s
weighted-average dumping margin. For
a full description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
E:\FR\FM\09AUN1.SGM
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Agencies
[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Notices]
[Pages 48647-48649]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19350]
-----------------------------------------------------------------------
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; 2011-2012
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 originally covered eight
respondents: Conduit S.A. de C.V. (Conduit); Ternium Mexico, S.A. de
C.V. (Ternium); Tuberia Nacional, S.A. de C. V. (TUNA); Lamina y Placa
Comercial, S.A. de C.V. (Lamina); Mueller Comercial de Mexico, S. de
R.L. de C.V. (Mueller); Regiomontana de Perfiles y Tubos, S.A. de C.V.
(Regiopytsa); PYTCO, S.A. de C.V. (PYTCO); and Southland Pipe Nipples
Co., Inc. (Southland). All requests for administrative review of PYTCO,
Conduit, Southland, and Ternium were withdrawn and we are consequently
rescinding this administrative review, in part, with respect to these
four companies. We preliminarily determine that TUNA, Lamina, Mueller,
and Regiopysta made no shipments during the period of review (POR).
Interested parties are invited to comment on these preliminary results.
DATES: Effective Date: August 9, 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 or (202) 482-0469, respectively.
SUPPLEMENTARY INFORMATION:
Period of Review
The POR is November 1, 2011, through October 31, 2012.
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
[[Page 48648]]
(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. A full description of the scope of
the order is contained in the Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations,
to Paul Piquado, 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.
The Preliminary 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).
IA ACCESS is available to registered users at https://iaaccess.trade.gov, and is available to all parties in the Central
Records Unit, Room 7046 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the internet at https://www.trade.gov/ia/. The
signed Preliminary Decision Memorandum and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Background
Timely requests for administrative review of eight companies were
received from parties.\1\ For a full description of requests for review
and the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\1\ These eight companies are Conduit, Ternium, TUNA, Lamina,
Mueller, Regiopytsa, PYTCO, Southland. By its clarification of
December 10, 2013, the petitioner, United States Steel Corporation,
excluded Southland from its requests; see the Preliminary Decision
Memorandum at 2.
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
All requests for review were timely withdrawn for PYTCO, Conduit,
Southland, and Ternium. Therefore, in accordance with 19 CFR
351.213(d)(1), we rescind, in part, the administrative review with
respect to these companies.
Preliminary Determination of No Shipments
TUNA, Lamina, Mueller, and Regiopytsa have each submitted claims of
no shipments during the POR. None of these statements is inconsistent
with the data contained in the U.S. Customs and Border Protection (CBP)
Information Memorandum.\2\ No party has submitted comments with respect
to either the CBP Information Memorandum or any party's claim of no
shipments. In accordance with our standard practice with claims of no
shipment, the Department made additional inquiries to CBP for each of
these companies. We received no information from CBP to contradict the
results of our data queries and the claims made by these companies.
Therefore, we preliminarily determine that TUNA, Lamina, Mueller, and
Regiopysta made no shipments during the POR. For further discussion,
see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\2\ See the 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 2011-2012 Period of Review'' (CBP Information
Memorandum). Note that the agency's proper title, U.S. Customs and
Border Protection, was misstated in the memorandum title.
---------------------------------------------------------------------------
Consistent with our practice, the Department finds that it is not
appropriate to rescind the review with respect to TUNA, Lamina,
Mueller, and Regiopysta, but rather to complete the review with respect
to TUNA, Lamina, Mueller, and Regiopysta, and to issue appropriate
instructions to CBP based on the final results of this review.
Preliminary Results of Review
For the respondents which remain under review (TUNA, Lamina,
Mueller, and Regiopytsa), the Department preliminarily finds that each
had no shipments of subject merchandise during the POR. Therefore, the
Department has not calculated a weighted-average dumping margin for any
respondent in this administrative review.
Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
briefs not later than 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.\3\ 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.\4\ Case and rebuttal briefs should be filed using IA
ACCESS.\5\
---------------------------------------------------------------------------
\3\ See 19 CFR 351.309(d).
\4\ See 19 CFR 351.309(c)(2) and (d)(2).
\5\ See 19 CFR 351.303.
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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 5:00 p.m. Eastern Standard
Time within 30 days after the date of publication of this notice.\6\
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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\6\ See 19 CFR 351.310(c).
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Cash Deposit Requirements
The Department has not calculated weighted-average dumping margins
for any respondent in this administrative review. Therefore, the
existing cash deposit rates will continue to remain in effect.
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 41 days after the date
of publication of the final results of this review.
As noted above, the Department has rescinded this administrative
review for PYTCO, Conduit, Southland and Ternium. For these exporters
and/or producers, the Department will instruct CBP to liquidate all
appropriate entries as entered.
If TUNA's, Lamina's, Mueller's, or Regiopysta's weighted-average
dumping margins are not zero or de minimis (i.e., less than 0.5
percent) in the final results of this review, we will calculate
importer-specific assessment rates on
[[Page 48649]]
the basis of the ratio of the total amount of dumping calculated for
the importer's examined sales and the total entered value of the sales
in accordance with 19 CFR 351.212(b)(1). Where either a respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\7\ This clarification will apply to entries of subject
merchandise during the POR produced by TUNA, Lamina, Mueller, or
Regiopysta for which these companies did not know that the 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.
Further, instead of rescinding the review with respect to TUNA, Lamina,
Mueller, and Regiopysta, we find it appropriate to complete the review
and issue liquidation instructions to CBP concerning entries for TUNA,
Lamina, Mueller, and Regiopysta following issuance of the final results
of review. If we continue to find that TUNA, Lamina, Mueller, and
Regiopysta had no shipments of subject merchandise in the final
results, we will instruct CBP to liquidate any existing entries of
merchandise produced by TUNA, Lamina, Mueller, and Regiopysta, but
exported by other parties at the rate for the intermediate reseller, if
available, or at the all-others rate.\8\
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\7\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003).
\8\ 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 (September 17, 2010).
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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.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.
Dated: August 1, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
A. Partial Rescission of Administrative Review
B. No Shipments Claims
[FR Doc. 2013-19350 Filed 8-8-13; 8:45 am]
BILLING CODE 3510-DS-P