Light-Walled Rectangular Pipe and Tube from Mexico: Final Results of Antidumping Duty Administrative Review; 2011-2012, 5375-5377 [2014-02068]
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Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Notices
Anying certified that, since the
initiation of the investigation, it has
never been affiliated with any exporter
or producer that exported multilayered
wood flooring to the United States
during the POI, including those not
individually examined during the
investigation.7 As required by 19 CFR
351.214(b)(2)(iii)(B), Anying also
certified that its export activities were
not controlled by the central
government of the PRC.8
In addition to the certifications
described above, pursuant to 19 CFR
351.214(b)(2)(iv), Anying submitted
documentation establishing the
following: (1) The date on which it first
shipped multilayered wood flooring for
export to the United States and the date
on which the multilayered wood
flooring was first entered, or withdrawn
from warehouse, for consumption; (2)
the volume of its first shipment; and (3)
the date of its first sale to an unaffiliated
customer in the United States.9
The Department conducted a CBP
database query and confirmed that
Anying’s shipment of subject
merchandise entered the United States
for consumption and that liquidation of
such entries has been properly
suspended for antidumping duties.
Pursuant to 19 CFR 351.221(c)(1)(i), the
Department will publish the notice of
initiation of a new shipper review no
later than the last day of the month
following the anniversary month or
semiannual anniversary month of the
order.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the
Act, 19 CFR 351.214(b), and based on
the information on the record, the
Department finds that Anying meets the
threshold requirements for initiation of
a new shipper review of its shipment of
multilayered wood flooring from the
PRC.10 However, if the information
supplied by Anying is later found to be
incorrect or insufficient during the
course of this proceeding, the
Department may rescind the review or
apply adverse facts available pursuant
to section 776 of the Act, depending
upon the facts on record. The POR for
the new shipper review of Anying is
December 1, 2012, through November
30, 2013.11 The Department intends to
issue the preliminary results of this
review no later than 180 days from the
date of initiation, and the final results
of this review no later than 90 days after
the date the preliminary results are
issued.12
It is the Department’s usual practice,
in cases involving non-market
economies, to require that a company
seeking to establish eligibility for an
antidumping duty rate separate from the
country-wide rate provide evidence of
de jure and de facto absence of
government control over the company’s
export activities. Accordingly, the
Department will issue a questionnaire to
Anying which will include a section
requesting information with regard to its
export activities for separate rates
purposes. The review of Anying will
proceed if the response provides
sufficient indication that Anying is not
subject to either de jure or de facto
government control with respect to its
exports of subject merchandise.
The Department will instruct CBP to
allow, at the option of the importer, the
posting, until the completion of the
review, of a bond or security in lieu of
a cash deposit for entries of subject
merchandise from Anying in accordance
with section 751(a)(2)(B)(iii) of the Act
and 19 CFR 351.214(e). Because Anying
certified that it produced and exported
the subject merchandise, the
Department will apply the bonding
privilege only for subject merchandise
that the respondent both produced and
exported.
Interested parties requiring access to
proprietary information in this new
shipper review should submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are
published in accordance with section
751(a)(2)(B) of the Act and 19 CFR
351.214 and 351.221(c)(1)(i).
Dated: January 24, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–02066 Filed 1–30–14; 8:45 am]
8 Id.
tkelley on DSK3SPTVN1PROD with NOTICES
7 Id.
BILLING CODE 3510–DS–P
9 Id.
at 2.
10 See, generally, Memorandum to the File
through Abdelali Elouaradia, Director, AD/CVD
Operations, Office IV ‘‘Initiation of Antidumping
New Shipper Review of Multilayered Wood
Flooring from the People’s Republic of China: Linyi
Anying Wood Co., Ltd., Initiation Checklist,’’ dated
concurrently with this notice (‘‘Initiation
Checklist’’).
VerDate Mar<15>2010
17:23 Jan 30, 2014
Jkt 232001
11 See
12 See
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19 CFR 351.214(g)(1)(i)(A).
section 751(a)(2)(B)(iv) of the Act.
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Sfmt 4703
5375
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–836]
Light-Walled Rectangular Pipe and
Tube from Mexico: Final Results of
Antidumping Duty Administrative
Review; 2011–2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 6, 2013, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty (AD) order on
light-walled rectangular pipe and tube
(LWR pipe and tube) from Mexico.1 The
period of review (POR) is August 1,
2011, through July 31, 2012. This review
covers two producers or exporters of
subject merchandise: Regiomontana de
Perfiles y Tubos S.A. de C.V.
(Regiopytsa) and Maquilacero S.A. de
C.V. (Maquilacero). For the final results,
we continue to find that Regiopytsa sold
subject merchandise at less than normal
value during the POR and that
Maquilacero did not. For the final
weighted-average dumping margins, see
the ‘‘Final Results of Review’’ section
below.
DATES: Effective Date: January 31, 2014.
FOR FURTHER INFORMATION CONTACT:
Brian Davis or Ericka Ukrow, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–7924 or (202) 482–
0405, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 6, 2013, the
Department published in the Federal
Register the Preliminary Results. We
invited interested parties to comment on
the Preliminary Results. On October 22
and 23, 2013, respectively, the
Department received case briefs from
Regiopytsa and Maquilacero. No party
submitted rebuttal briefs or requested a
hearing.
Scope of the Order
The merchandise subject to the order
is certain welded carbon-quality light1 See Light-Walled Rectangular Pipe and Tube
from Mexico: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative
Review; 2011–2012, 78 FR 54864 (September 6,
2013) (Preliminary Results), and the accompanying
Decision Memorandum (Preliminary Decision
Memorandum).
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31JAN1
5376
Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Notices
walled steel pipe and tube, of
rectangular (including square) cross
section, having a wall thickness of less
than 4 mm.2 The welded carbon-quality
rectangular pipe and tube subject to the
order is currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7306.61.50.00 and 7306.61.70.60. While
HTSUS subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
order is dispositive.3
Tolling of Deadlines
As explained in the memorandum
from the Assistant Secretary for
Enforcement and Compliance, the
Department exercised its discretion to
toll deadlines for the duration of the
closure of the Federal Government from
October 1, through October 16, 2013.4
Therefore, all deadlines in this segment
of the proceeding were extended by 16
days. If the new deadline falls on a nonbusiness day, in accordance with the
Department’s practice, the deadline will
become the next business day.
Accordingly, the revised deadline for
the final results of this review is now
January 22, 2014.
tkelley on DSK3SPTVN1PROD with NOTICES
Analysis of Comments Received
All issues raised in the case briefs by
parties to this administrative review are
addressed in the Issues and Decision
Memorandum.
The Issues and Decision
Memorandum is a public document and
is on file in the Central Records Unit
(CRU), room 7046 of the main
Department of Commerce building, as
well as electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov, and it
2 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, through
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
‘‘Issues and Decision Memorandum for the Final
Results of the Administrative Review of the
Antidumping Duty Order on Light-Walled
Rectangular Pipe and Tube from Mexico; 2011–
2012,’’ dated concurrently with these results and
hereby adopted by this notice, for a complete
description of the scope of the order (Issues and
Decision Memorandum).
3 See Light-Walled Rectangular Pipe and Tube
from Mexico, the People’s Republic of China, and
the Republic of Korea: Antidumping Duty Orders;
Light-Walled Rectangular Pipe and Tube from the
Republic of Korea: Notice of Amended Final
Determination of Sales at Less Than Fair Value, 73
FR 45403, 45405 (August 5, 2008) (Orders).
4 See Memorandum for the Record from Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Shutdown
of the Federal Government,’’ dated October 18,
2013.
VerDate Mar<15>2010
17:23 Jan 30, 2014
Jkt 232001
is available to all parties in the CRU. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/. The
signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Final Results of Review
We have made no changes to our
calculations announced in the
Preliminary Results. Therefore, as a
result of our review, we continue to
determine that the following weightedaverage dumping margin exists for the
period August 1, 2011, through July 31,
2012:
entries at the all-others rate of 3.76
percent, as established in the less-thanfair-value investigation of this
proceeding,7 if there is no rate for the
intermediate company(ies) involved in
the transaction.
In accordance with 19 CFR 356.8(a),
the Department intends to issue
assessment instructions to CBP on or
after 41 days following the publication
of the final results of this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered or
withdrawn from warehouse for
consumption on or after the publication
date of these final results, consistent
Weighted-average dumping with section 751(a)(2)(C) of the Act: (1)
Producer or exporter
margin
For subject merchandise manufactured
(percent)
and exported by Maquilacero and
Regiopytsa, the cash deposit rate will be
Regiomontana de Perfiles y
Tubos S.A. de C.V. ...........
1.45 equal to the weighted-average dumping
Maquilacero S.A. de C.V. .....
0.00 margins established in the final results
of this review; (2) for previously
reviewed or investigated companies, the
Assessment Rates
cash deposit rate will continue to be the
The Department shall determine and
company-specific rate published from
U.S. Customs and Border Protection
the completed segment for the most
(CBP) shall assess antidumping duties
recent period; (3) if the exporter is not
on all appropriate entries.5 Since the
a firm covered in this review, the prior
weighted-average dumping margin is
review, or the investigation but the
not zero or de minimis (i.e., less than
manufacturer is, then the cash-deposit
0.50 percent) for Regiopytsa, we
calculated importer-specific ad valorem rate will be the rate established from the
duty assessment rates based on the ratio completed segment for the most recent
period for the manufacturer of the
of the total amount of dumping
merchandise; and (4) if neither the
calculated for an importer’s examined
exporter nor the manufacturer is a firm
sales to the total entered value of those
covered in this review, a previous
same sales in accordance with 19 CFR
review or the less-than-fair-value
351.212(b)(1). Where either a
respondent’s weighted-average dumping investigation conducted by the
Department, then the cash deposit rate
margin is zero or de minimis, or an
importer-specific assessment rate is zero will be the all-others rate of 3.76
percent. These deposit requirements,
or de minimis, we instruct CBP to
when imposed, shall remain in effect
liquidate the appropriate entries
until further notice.
without regard to antidumping duties.
The Department clarified its
Reimbursement of Duties
‘‘automatic assessment’’ regulation on
This notice also serves as a final
May 6, 2003.6 This clarification will
reminder to importers of their
apply to entries of subject merchandise
responsibility under 19 CFR
during the POR produced by
351.402(f)(2) to file a certificate
Maquilacero and Regiopytsa for which
regarding the reimbursement of
they did not know that their
antidumping duties prior to liquidation
merchandise was destined for the
of the relevant entries during this
United States. In such instances, we will
review period. Failure to comply with
instruct CBP to liquidate unreviewed
this requirement could result in the
Secretary’s presumption that
5 In these final results, the Department applied
reimbursement of antidumping duties
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
6 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
PO 00000
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Fmt 4703
Sfmt 4703
7 See Light-Walled Rectangular Pipe and Tube
from Mexico, the People’s Republic of China, and
the Republic of Korea: Antidumping Duty Orders;
Light-Walled Rectangular Pipe and Tube from the
Republic of Korea: Notice of Amended Final
Determination of Sales at Less Than Fair Value, 73
FR 45403, 45405 (August 5, 2008).
E:\FR\FM\31JAN1.SGM
31JAN1
Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Notices
occurred and the subsequent assessment
of double antidumping duties.
Washington, DC 20230; telephone: (202)
482–1785.
Return or Destruction of Proprietary
Information
This notice serves as a reminder to
parties subject to the administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under the APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of 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.
These final results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213(h).
Background
On August 28, 2013, the Department
initiated an administrative review of the
CVD order on circular welded pipe from
the PRC with respect to 19 companies
for the period January 1, 2012, through
December 31, 2012, based on a request
from Wheatland Tube Company
(Wheatland).1 On December 9, 2013,
Wheatland withdrew its request for an
administrative review. No other party
requested a review.
Dated: January 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—List of Topics Discussed in
the Issues and Decision Memorandum
1. Authority to Consider an Alternative
Comparison Methodology Absent an
Allegation of Targeted Dumping
2. Differential Pricing Analysis
3. Arm’s-Length Analysis of Certain of
Maquilacero’s Sales
[FR Doc. 2014–02068 Filed 1–30–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–911]
Circular Welded Carbon Quality Steel
Pipe From the People’s Republic of
China: Rescission of Countervailing
Duty Administrative Review; 2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) is rescinding the
administrative review of the
countervailing duty (CVD) order on
circular welded carbon quality steel
pipe (circular welded pipe) from the
People’s Republic of China (PRC) for the
period January 1, 2012, through
December 31, 2012.
DATES: Effective Date: January 31, 2014.
FOR FURTHER INFORMATION CONTACT:
Mary Kolberg; AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
VerDate Mar<15>2010
17:23 Jan 30, 2014
Jkt 232001
Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(l), the
Department will rescind an
administrative review, in whole or in
part, if the party that requested a review
withdraws the request within 90 days of
the publication of the notice of
initiation of the requested review. In
this case, Wheatland withdrew its
request within the 90-day deadline as
extended,2 and no other parties
requested an administrative review of
the CVD order. Therefore, in accordance
with 19 CFR 351.213(d)(1), we are
rescinding the administrative review of
circular welded pipe from the PRC
covering the period January 1, 2012,
through December 31, 2012.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess CVDs on all appropriate entries of
circular welded pipe from the PRC
during the period of review at rates
equal to the cash deposit of estimated
CVDs required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP 15 days after the
date of publication of this notice of
rescission of administrative review.
Notifications
This notice serves as a final reminder
to importers of their responsibility
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Requests for Revocation in Part, 78 FR 53128
(August 28, 2013).
2 The 90-day deadline for withdrawal would have
been November 26, 2013. However, as explained in
the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department
exercised its discretion to toll deadlines for the
duration of the closure of the Federal Government
from October 1, through October 16, 2013. See
Memorandum for the Record from Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Shutdown
of the Federal Government’’ (October 18, 2013).
Therefore, the revised deadline for withdrawal was
December 12, 2013.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
5377
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of CVDs prior to liquidation of the
relevant entries during this review
period.
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Timely written notification of the return
or destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation that is subject to
sanction.
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, and 19 CFR 351.213(d)(4).
Dated: January 27, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2014–02081 Filed 1–30–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–844]
Certain Lined Paper Products from
India: Notice of Partial Rescission of
Countervailing Duty Administrative
Review: 2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 31, 2014.
FOR FURTHER INFORMATION CONTACT: John
Conniff, Office III, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–1009.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 3, 2013, the
Department of Commerce (the
Department) published a notice of
opportunity to request an administrative
review of the countervailing duty order
on certain lined paper products from
India.1 On September 30, 2013, Navneet
1 See Initiation of Antidumping or Countervailing
Duty Order, Finding or Suspended Investigation;
E:\FR\FM\31JAN1.SGM
Continued
31JAN1
]]>Agencies
[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Notices]
[Pages 5375-5377]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02068]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube from Mexico: Final Results
of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: On September 6, 2013, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty (AD) order on light-walled rectangular
pipe and tube (LWR pipe and tube) from Mexico.\1\ The period of review
(POR) is August 1, 2011, through July 31, 2012. This review covers two
producers or exporters of subject merchandise: Regiomontana de Perfiles
y Tubos S.A. de C.V. (Regiopytsa) and Maquilacero S.A. de C.V.
(Maquilacero). For the final results, we continue to find that
Regiopytsa sold subject merchandise at less than normal value during
the POR and that Maquilacero did not. For the final weighted-average
dumping margins, see the ``Final Results of Review'' section below.
---------------------------------------------------------------------------
\1\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review; 2011-2012, 78 FR 54864 (September 6, 2013)
(Preliminary Results), and the accompanying Decision Memorandum
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
DATES: Effective Date: January 31, 2014.
FOR FURTHER INFORMATION CONTACT: Brian Davis or Ericka Ukrow, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
7924 or (202) 482-0405, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 6, 2013, the Department published in the Federal
Register the Preliminary Results. We invited interested parties to
comment on the Preliminary Results. On October 22 and 23, 2013,
respectively, the Department received case briefs from Regiopytsa and
Maquilacero. No party submitted rebuttal briefs or requested a hearing.
Scope of the Order
The merchandise subject to the order is certain welded carbon-
quality light-
[[Page 5376]]
walled steel pipe and tube, of rectangular (including square) cross
section, having a wall thickness of less than 4 mm.\2\ The welded
carbon-quality rectangular pipe and tube subject to the order is
currently classified under the Harmonized Tariff Schedule of the United
States (HTSUS) subheadings 7306.61.50.00 and 7306.61.70.60. While HTSUS
subheadings are provided for convenience and customs purposes, our
written description of the scope of the order is dispositive.\3\
---------------------------------------------------------------------------
\2\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, through Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, ``Issues and Decision Memorandum for the Final Results
of the Administrative Review of the Antidumping Duty Order on Light-
Walled Rectangular Pipe and Tube from Mexico; 2011-2012,'' dated
concurrently with these results and hereby adopted by this notice,
for a complete description of the scope of the order (Issues and
Decision Memorandum).
\3\ See Light-Walled Rectangular Pipe and Tube from Mexico, the
People's Republic of China, and the Republic of Korea: Antidumping
Duty Orders; Light-Walled Rectangular Pipe and Tube from the
Republic of Korea: Notice of Amended Final Determination of Sales at
Less Than Fair Value, 73 FR 45403, 45405 (August 5, 2008) (Orders).
---------------------------------------------------------------------------
Tolling of Deadlines
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\4\ Therefore, all
deadlines in this segment of the proceeding were extended by 16 days.
If the new deadline falls on a non-business day, in accordance with the
Department's practice, the deadline will become the next business day.
Accordingly, the revised deadline for the final results of this review
is now January 22, 2014.
---------------------------------------------------------------------------
\4\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government,'' dated October 18, 2013.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case briefs by parties to this
administrative review are addressed in the Issues and Decision
Memorandum.
The Issues and Decision Memorandum is a public document and is on
file in the Central Records Unit (CRU), room 7046 of the main
Department of Commerce building, as well as electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). IA ACCESS is
available to registered users at https://iaaccess.trade.gov, and it is
available to all parties in the CRU. In addition, a complete version of
the Issues and Decision Memorandum can be accessed directly on the
internet at https://enforcement.trade.gov/frn/. The signed Issues and
Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
Final Results of Review
We have made no changes to our calculations announced in the
Preliminary Results. Therefore, as a result of our review, we continue
to determine that the following weighted-average dumping margin exists
for the period August 1, 2011, through July 31, 2012:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Regiomontana de Perfiles y Tubos S.A. de C.V............ 1.45
Maquilacero S.A. de C.V................................. 0.00
------------------------------------------------------------------------
Assessment Rates
The Department shall determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries.\5\ Since the weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.50 percent) for Regiopytsa, we calculated
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of dumping calculated for an importer's examined
sales to the total entered value of those same 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 instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------
\5\ In these final results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\6\ This clarification will apply to entries of subject
merchandise during the POR produced by Maquilacero and Regiopytsa for
which they did not know that their merchandise was destined for the
United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the all-others rate of 3.76 percent, as
established in the less-than-fair-value investigation of this
proceeding,\7\ if there is no rate for the intermediate company(ies)
involved in the transaction.
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\6\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
\7\ See Light-Walled Rectangular Pipe and Tube from Mexico, the
People's Republic of China, and the Republic of Korea: Antidumping
Duty Orders; Light-Walled Rectangular Pipe and Tube from the
Republic of Korea: Notice of Amended Final Determination of Sales at
Less Than Fair Value, 73 FR 45403, 45405 (August 5, 2008).
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In accordance with 19 CFR 356.8(a), the Department intends to issue
assessment instructions to CBP on or after 41 days following the
publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered or withdrawn from
warehouse for consumption on or after the publication date of these
final results, consistent with section 751(a)(2)(C) of the Act: (1) For
subject merchandise manufactured and exported by Maquilacero and
Regiopytsa, the cash deposit rate will be equal to the weighted-average
dumping margins established in the final results of this review; (2)
for previously reviewed or investigated companies, the cash deposit
rate will continue to be the company-specific rate published from the
completed segment for the most recent period; (3) if the exporter is
not a firm covered in this review, the prior review, or the
investigation but the manufacturer is, then the cash-deposit rate will
be the rate established from the completed segment for the most recent
period for the manufacturer of the merchandise; and (4) if neither the
exporter nor the manufacturer is a firm covered in this review, a
previous review or the less-than-fair-value investigation conducted by
the Department, then the cash deposit rate will be the all-others rate
of 3.76 percent. These 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)(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
[[Page 5377]]
occurred and the subsequent assessment of double antidumping duties.
Return or Destruction of Proprietary Information
This notice serves as a reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
the APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of 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.
These final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213(h).
Dated: January 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Issues and Decision
Memorandum
1. Authority to Consider an Alternative Comparison Methodology
Absent an Allegation of Targeted Dumping
2. Differential Pricing Analysis
3. Arm's-Length Analysis of Certain of Maquilacero's Sales
[FR Doc. 2014-02068 Filed 1-30-14; 8:45 am]
BILLING CODE 3510-DS-P
