Certain Circular Welded Non-Alloy Steel Pipe From Mexico; Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2012-2013, 73034-73036 [2014-28833]
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73034
Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Notices
rljohnson on DSK3VPTVN1PROD with NOTICES
CFR 351.511(a)(2); (iv) evidence placed
on the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). The final rule
requires any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted and, if the information is
submitted to rebut, clarify, or correct
factual information already on the
record, to provide an explanation
identifying the information already on
the record that the factual information
seeks to rebut, clarify, or correct. The
final rule also modified 19 CFR 351.301
so that, rather than providing general
time limits, there are specific time limits
based on the type of factual information
being submitted. These modifications
are effective for all proceeding segments
initiated on or after May 10, 2013, and
thus are applicable to these
investigations. Interested parties should
review the final rule, available at
https://enforcement.trade.gov/frn/2013/
1304frn/2013-08227.txt, prior to
submitting factual information in these
investigations.
Revised Extension of Time Limits
Regulation
On September 20, 2013, the
Department modified its regulation
concerning the extension of time limits
for submissions in AD and CVD
proceedings.35 The modification
clarifies that parties may request an
extension of time limits before a time
limit established under Part 351 expires,
or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the time limit established
under Part 351 expires. For submissions
which are due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. on the due date.
Examples include, but are not limited
to: (1) Case and rebuttal briefs, filed
pursuant to 19 CFR 351.309; (2) factual
information to value factors under 19
CFR 351.408(c), or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2), filed pursuant to 19 CFR
351.301(c)(3) and rebuttal, clarification
and correction information filed
pursuant to 19 CFR 351.301(c)(3)(iv); (3)
comments concerning the selection of a
surrogate country and surrogate values
and rebuttal; (4) comments concerning
CBP data; and (5) quantity and value
questionnaires. Under certain
circumstances, the Department may
elect to specify a different time limit by
35 See Extension of Time Limits; Final Rule, 78 FR
57790 (September 20, 2013).
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which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, the
Department will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This
modification also requires that an
extension request must be made in a
separate, stand-alone submission, and
clarifies the circumstances under which
the Department will grant untimelyfiled requests for the extension of time
limits. These modifications are effective
for all segments initiated on or after
October 21, 2013, and thus are
applicable to these investigations.
Interested parties should review
Extension of Time Limits; Final Rule,
available at https://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual
information in these investigations.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.36
Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials, as
well as their representatives.
Investigations initiated on the basis of
petitions filed on or after August 16,
2013, and other segments of any AD or
CVD proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided at
the end of the Final Rule.37 The
Department intends to reject factual
submissions if the submitting party does
not comply with the applicable revised
certification requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in these investigations should ensure
that they meet the requirements of these
procedures (e.g., the filing of letters of
36 See
section 782(b) of the Act.
Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (‘‘Final Rule’’); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
37 See
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appearance as discussed at 19 CFR
351.103(d)).
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act.
Dated: December 2, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the
Investigations
The merchandise subject to these
investigations is melamine (Chemical
Abstracts Service (‘‘CAS’’) registry number
108–78–01, molecular formula C3H6N6).1
Melamine is a crystalline powder or granule
typically (but not exclusively) used to
manufacture melamine formaldehyde resins.
All melamine is covered by the scope of
these investigations irrespective of purity,
particle size, or physical form. Melamine that
has been blended with other products is
included within this scope when such blends
include constituent parts that have been
intermingled, but that have not been
chemically reacted with each other to
produce a different product. For such blends,
only the melamine component of the mixture
is covered by the scope of these
investigations. Melamine that is otherwise
subject to these investigations is not
excluded when commingled with melamine
from sources not subject to these
investigations. Only the subject component
of such commingled products is covered by
the scope of these investigations.
The subject merchandise is provided for in
subheading 2933.61.0000 of the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheading and CAS registry number are
provided for convenience and customs
purposes, the written description of the
scope is dispositive.
[FR Doc. 2014–28832 Filed 12–8–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–805]
Certain Circular Welded Non-Alloy
Steel Pipe From Mexico; Preliminary
Results and Partial Rescission of
Antidumping Duty Administrative
Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (the Department) is
conducting an administrative review of
AGENCY:
1 Melamine is also known as 2,4,6-triamino-striazine; l,3,5-Triazine-2,4,6-triamine;
Cyanurotriamide; Cyanurotriamine; Cyanuramide;
and by various brand names.
E:\FR\FM\09DEN1.SGM
09DEN1
73035
Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Notices
the antidumping duty order on certain
circular welded non-alloy steel pipe
from Mexico.1 This administrative
review originally covered eight entities:
Productos Laminados de Monterrey,
S.A. de C.V. (Productos Laminados),
Prolamsa, Inc.,2 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); 3
Mueller Comercial de Mexico, S. de R.L.
de C.V. (Mueller); and PYTCO, S.A. de
C.V. (PYTCO). All requests for
administrative review of Conduit,
TUNA, Lamina, Ternium, Mueller, and
PYTCO were timely withdrawn, and we
are consequently rescinding this
administrative review, in part, with
respect to these six companies. The sole
mandatory respondent is Productos
Laminados. The period of review (POR)
is August 1, 2012, through July 31, 2013.
We preliminarily find that Productos
Laminados made sales at prices below
normal value (NV) during the POR. We
invite interested parties to comment on
these preliminary results.
DATES: Effective Date: December 9, 2014.
FOR FURTHER INFORMATION CONTACT:
Mark Flessner or Robert James, 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) 482–0698 or (202) 482–
1131, respectively.
SUPPLEMENTARY INFORMATION:
Schedule of the United States (HTSUS)
at subheadings: 7306.30.1000,
7306.30.5025, 7306.30.5032,
7306.30.5040, 7306.30.5055,
7306.30.5085, and 7306.30.5090.
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
Enforcement and Compliance,
‘‘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.4
Methodology
rljohnson on DSK3VPTVN1PROD with NOTICES
Scope of the Order
The products covered by the order are
circular welded non-alloy steel pipes
and tubes, of circular cross-section, not
more than 406.4 millimeters (16 inches)
in outside diameter, regardless of wall
thickness, surface finish (black,
galvanized, or painted), or end finish
(plain end, beveled end, threaded, or
threaded and coupled). The
merchandise covered by the order and
subject to this review is currently
classified in the Harmonized Tariff
The Department conducted this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Constructed export
price is calculated in accordance with
section 772 of the Act. NV is calculated
in accordance with section 773 of the
Act. For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov 5 and 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
at https://enforcement.trade.gov/frn/
index.html. The signed and electronic
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 78 FR 79392
(December 30, 2013).
2 While the Department initiated an
administrative review of Productos Laminados and
Prolamsa, Inc. separately, record information
indicates that Prolamsa, Inc. is a wholly-owned U.S.
subsidiary of Productos Laminados, and is an
importer, and not a producer, of subject
merchandise.
3 The Department has determined that Lamina is
the successor-in-interest to TUNA. See Notice of
Final Results of Antidumping Duty Changes
Circumstances Review: Certain Circular Welded
Non-Alloy Steel Pipe From Mexico, 75 FR 82374
(December 30, 2010).
4 See also 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) (the Order).
5 On November 24, 2014, Enforcement and
Compliance changed the name of Enforcement and
Compliance’s AD and CVD Centralized Electronic
Service System (‘‘IA ACCESS’’) to AD and CVD
Centralized Electronic Service System (‘‘ACCESS’’).
The Web site location was changed from https://
iaaccess.trade.gov to https://access.trade.gov. The
Final Rule changing the references to the
Regulations can be found at: 79 FR 69046
(November 20, 2014).
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versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of the Review
We preliminarily determine for the
period November 1, 2012, through
October 31, 2013, the following
weighted-average dumping margin
exists:
Exporter or producer
Weightedaverage dumping
margin
(percent)
Productos Laminados de
Monterrey, S.A. de
C.V./Aceros Cuatro
Caminos, S.A. de
C.V.6
6.31
Scope Inquiry
The Department is conducting a scope
inquiry to determine whether certain
types of black, circular tubing produced
to American Society for Testing and
Materials standard A–513 by Productos
Laminados may be outside the scope of
the Order because they meet the
exclusion for ‘‘mechanical tubing.’’
Parties are notified that the final results
of the scope inquiry may affect the final
results of this administrative review by
decreasing the number of reported sales.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole, or in
part, if a party that requested a review
withdraws the request within 90 days of
publication of notice of initiation of the
requested review. All requests for
review by all parties, except those of
Productos Laminados and Prolamsa,
Inc.,7 were timely withdrawn.8
Accordingly, we rescind the
administrative review of the
antidumping duty order on certain
circular welded non-alloy steel pipe
from Mexico covering the period
November 1, 2012, through October 31,
6 See the Memorandum from Davina Friedmann
to Richard Weible, Office Director, AD/CVD
Operations Office VI, entitled, ‘‘Circular Welded
Non-Alloy Steel Pipe from Mexico: Affiliation and
Collapsing Memorandum,’’ dated December 1,
2014; see also Preliminary Decision memorandum
at 4 and 12–14.
7 Prolamsa, Inc. (a wholly-owned U.S. subsidiary
of Productos Laminados which is an importer, and
not a producer, of subject merchandise—see
footnote 1), made no entries of subject merchandise
during the POR. See the Memorandum from Davina
Hashmi to Richard Weible, Director, AD/CVD
Operations Office VI, entitled, ‘‘Administrative
Review of the Antidumping Duty Order on Certain
Circular Welded Non-Alloy Steel Pipe from Mexico:
Respondent Selection Memorandum,’’ dated March
20, 2014, at 5.
8 See Preliminary Decision Memorandum at 5.
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Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Notices
2013, with respect to Conduit, TUNA,
Lamina, Ternium, Mueller, and PYTCO.
Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with these
preliminary results within five days of
the date of publication of this notice.9
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no 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 no later than
five days after the date for filing case
briefs.10 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.11 Case and
rebuttal briefs should be filed using
ACCESS.12
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
Enforcement and Compliance, filed
electronically via ACCESS. An
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, ACCESS, by 5:00 p.m. Eastern
Standard Time within 30 days after the
date of publication of this notice.13
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. If a request for a hearing is made,
parties will be notified of the date and
time of the hearing to be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230.
The Department intends to issue the
final results of this administrative
review, including the results of its
analysis of the issues raised in all
written case briefs, within 120 days after
the date of publication of this notice,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(1).
rljohnson on DSK3VPTVN1PROD with NOTICES
Assessment Rates
Upon completion of the
administrative review, the Department
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
9 See
19 CFR 351.224(b).
19 CFR 351.309(d).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 See 19 CFR 351.303.
13 See 19 CFR 351.310(c).
10 See
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14:48 Dec 08, 2014
Jkt 235001
antidumping duties on all appropriate
entries.14 If the weighted-average
dumping margin for Productos
Laminados/Aceros Cuatro Caminos is
not zero or de minimis in the final
results of this review, we will calculate
importer-specific assessment rates on
the basis of the ratio of the total amount
of dumping duties calculated for an
importer’s examined sales and the total
entered value of such sales in
accordance with 19 CFR 351.212(b)(1).
If the weighted-average dumping margin
for Productos Laminados/Aceros Cuatro
Caminos is zero or de minimis in the
final results of review, we will instruct
CBP not to assess duties on any of its
entries in accordance with the Final
Modification for Reviews, i.e., ‘‘{w}here
the weighted-average margin of
dumping for the exporter is determined
to be zero or de minimis, no
antidumping duties will be assessed.’’ 15
As noted above, the Department has
rescinded this administrative review for
Conduit, TUNA, Lamina, Ternium,
Mueller, and PYTCO. For these
exporters and/or producers, the
Department will instruct CBP to
liquidate all appropriate entries as
entered.
We intend to issue instructions to
CBP 41 days after publication of the
final results of this review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of circular
welded non-alloy steel pipe from
Mexico entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results of this administrative review, as
provided by section 751(a)(2) of the Act:
(1) The cash deposit rate for Productos
Laminado/Aceros Cuatro Caminos will
be the weighted-average dumping
margin established in the final results of
this administrative review except if the
rate is de minimis within the meaning
of 19 CFR 351.106(c)(1), in which case
the cash deposit rate will be zero; (2) for
merchandise exported by manufacturers
or exporters not covered in this review
but covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding in
14 In these preliminary 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 Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
15 Id. at 77 FR 8101, 8102.
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Sfmt 9990
which the manufacturer or exporter
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original less-than-fairvalue investigation but the manufacturer
is, the cash deposit rate will be the rate
established for the most recently
completed segment of the proceeding
for the manufacturer of the
merchandise; (4) the cash deposit rate
for all other manufacturers or exporters
will continue to be 32.62 percent ad
valorem, the all-others rate established
in the less-than-fair-value
investigation.16 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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
Department’s presumption that
reimbursement of antidumping duties
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 and 19
CFR 351.213(h)(1).
Dated: December 1, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Postponement of Preliminary
Determination
5. No Shipments Claims
6. Partial Rescission of Review
7. Duty Absorption
8. Methodology
9. Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the DP Analysis
10. Product Comparisons
11. Date of Sale
12. Level of Trade
13. Constructed Export Price
14. Normal Value
A. Affiliation and Single Entity
B. Cost of Production
15. Calculation of Normal Value Based on
Comparison Market Prices
16. Currency Conversion
17. Recommendation
[FR Doc. 2014–28833 Filed 12–8–14; 8:45 am]
BILLING CODE 3510–DS–P
16 See
E:\FR\FM\09DEN1.SGM
the Order.
09DEN1
Agencies
[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Notices]
[Pages 73034-73036]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28833]
-----------------------------------------------------------------------
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; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (the Department) is conducting an administrative
review of
[[Page 73035]]
the antidumping duty order on certain circular welded non-alloy steel
pipe from Mexico.\1\ This administrative review originally covered
eight entities: Productos Laminados de Monterrey, S.A. de C.V.
(Productos Laminados), Prolamsa, Inc.,\2\ 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);
\3\ Mueller Comercial de Mexico, S. de R.L. de C.V. (Mueller); and
PYTCO, S.A. de C.V. (PYTCO). All requests for administrative review of
Conduit, TUNA, Lamina, Ternium, Mueller, and PYTCO were timely
withdrawn, and we are consequently rescinding this administrative
review, in part, with respect to these six companies. The sole
mandatory respondent is Productos Laminados. The period of review (POR)
is August 1, 2012, through July 31, 2013. We preliminarily find that
Productos Laminados made sales at prices below normal value (NV) during
the POR. We invite interested parties to comment on these preliminary
results.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
79392 (December 30, 2013).
\2\ While the Department initiated an administrative review of
Productos Laminados and Prolamsa, Inc. separately, record
information indicates that Prolamsa, Inc. is a wholly-owned U.S.
subsidiary of Productos Laminados, and is an importer, and not a
producer, of subject merchandise.
\3\ The Department has determined that Lamina is the successor-
in-interest to TUNA. See Notice of Final Results of Antidumping Duty
Changes Circumstances Review: Certain Circular Welded Non-Alloy
Steel Pipe From Mexico, 75 FR 82374 (December 30, 2010).
---------------------------------------------------------------------------
DATES: Effective Date: December 9, 2014.
FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, 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-
0698 or (202) 482-1131, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by the order are circular welded non-alloy
steel pipes and tubes, of circular cross-section, not more than 406.4
millimeters (16 inches) in outside diameter, regardless of wall
thickness, surface finish (black, galvanized, or painted), or end
finish (plain end, beveled end, threaded, or threaded and coupled). The
merchandise covered by the order and subject to this review is
currently classified in the Harmonized Tariff Schedule of the United
States (HTSUS) at subheadings: 7306.30.1000, 7306.30.5025,
7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, and
7306.30.5090. 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 Enforcement and Compliance,
``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.\4\
---------------------------------------------------------------------------
\4\ See also 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) (the Order).
---------------------------------------------------------------------------
Methodology
The Department conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed
export price is calculated in accordance with section 772 of the Act.
NV is calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov \5\
and 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 at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\5\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from https://iaaccess.trade.gov to https://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at: 79 FR 69046 (November 20, 2014).
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Preliminary Results of the Review
We preliminarily determine for the period November 1, 2012, through
October 31, 2013, the following weighted-average dumping margin exists:
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\6\ See the Memorandum from Davina Friedmann to Richard Weible,
Office Director, AD/CVD Operations Office VI, entitled, ``Circular
Welded Non-Alloy Steel Pipe from Mexico: Affiliation and Collapsing
Memorandum,'' dated December 1, 2014; see also Preliminary Decision
memorandum at 4 and 12-14.
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Weighted- average
Exporter or producer dumping margin
(percent)
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Productos Laminados de Monterrey, S.A. de C.V./Aceros 6.31
Cuatro Caminos, S.A. de C.V.\6\
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Scope Inquiry
The Department is conducting a scope inquiry to determine whether
certain types of black, circular tubing produced to American Society
for Testing and Materials standard A-513 by Productos Laminados may be
outside the scope of the Order because they meet the exclusion for
``mechanical tubing.'' Parties are notified that the final results of
the scope inquiry may affect the final results of this administrative
review by decreasing the number of reported sales.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review, in whole, or in part, if a party that requested
a review withdraws the request within 90 days of publication of notice
of initiation of the requested review. All requests for review by all
parties, except those of Productos Laminados and Prolamsa, Inc.,\7\
were timely withdrawn.\8\ Accordingly, we rescind the administrative
review of the antidumping duty order on certain circular welded non-
alloy steel pipe from Mexico covering the period November 1, 2012,
through October 31,
[[Page 73036]]
2013, with respect to Conduit, TUNA, Lamina, Ternium, Mueller, and
PYTCO.
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\7\ Prolamsa, Inc. (a wholly-owned U.S. subsidiary of Productos
Laminados which is an importer, and not a producer, of subject
merchandise--see footnote 1), made no entries of subject merchandise
during the POR. See the Memorandum from Davina Hashmi to Richard
Weible, Director, AD/CVD Operations Office VI, entitled,
``Administrative Review of the Antidumping Duty Order on Certain
Circular Welded Non-Alloy Steel Pipe from Mexico: Respondent
Selection Memorandum,'' dated March 20, 2014, at 5.
\8\ See Preliminary Decision Memorandum at 5.
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Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with these preliminary results
within five days of the date of publication of this notice.\9\ Pursuant
to 19 CFR 351.309(c), interested parties may submit case briefs no
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 no later than five days after the date for filing case
briefs.\10\ 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.\11\ Case and rebuttal briefs should be filed using
ACCESS.\12\
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(d).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ 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 Enforcement and
Compliance, filed electronically via ACCESS. An electronically filed
document must be received successfully in its entirety by the
Department's electronic records system, ACCESS, by 5:00 p.m. Eastern
Standard Time within 30 days after the date of publication of this
notice.\13\ 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. If a request for a hearing
is made, parties will be notified of the date and time of the hearing
to be held at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230.
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\13\ See 19 CFR 351.310(c).
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The Department intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised in all written case briefs, within 120 days after the
date of publication of this notice, pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of the administrative review, the Department shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries.\14\ If the weighted-
average dumping margin for Productos Laminados/Aceros Cuatro Caminos is
not zero or de minimis in the final results of this review, we will
calculate importer-specific assessment rates on the basis of the ratio
of the total amount of dumping duties calculated for an importer's
examined sales and the total entered value of such sales in accordance
with 19 CFR 351.212(b)(1). If the weighted-average dumping margin for
Productos Laminados/Aceros Cuatro Caminos is zero or de minimis in the
final results of review, we will instruct CBP not to assess duties on
any of its entries in accordance with the Final Modification for
Reviews, i.e., ``{w{time} here the weighted-average margin of dumping
for the exporter is determined to be zero or de minimis, no antidumping
duties will be assessed.'' \15\
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\14\ In these preliminary 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 Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
\15\ Id. at 77 FR 8101, 8102.
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As noted above, the Department has rescinded this administrative
review for Conduit, TUNA, Lamina, Ternium, Mueller, and PYTCO. For
these exporters and/or producers, the Department will instruct CBP to
liquidate all appropriate entries as entered.
We intend to issue instructions to CBP 41 days after publication of
the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of circular welded non-alloy steel pipe from Mexico
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the final results of this administrative review,
as provided by section 751(a)(2) of the Act: (1) The cash deposit rate
for Productos Laminado/Aceros Cuatro Caminos will be the weighted-
average dumping margin established in the final results of this
administrative review except if the rate is de minimis within the
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate
will be zero; (2) for merchandise exported by manufacturers or
exporters not covered in this review but covered in a prior segment of
the 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 the manufacturer or exporter participated; (3) if
the exporter is not a firm covered in this review, a prior review, or
the original less-than-fair-value investigation but the manufacturer
is, the cash deposit rate will be the rate established for the most
recently completed segment of the proceeding for the manufacturer of
the merchandise; (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 32.62 percent ad valorem, the all-
others rate established in the less-than-fair-value investigation.\16\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\16\ See the Order.
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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 Department's presumption that
reimbursement of antidumping duties 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 and 19 CFR 351.213(h)(1).
Dated: December 1, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Postponement of Preliminary Determination
5. No Shipments Claims
6. Partial Rescission of Review
7. Duty Absorption
8. Methodology
9. Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the DP Analysis
10. Product Comparisons
11. Date of Sale
12. Level of Trade
13. Constructed Export Price
14. Normal Value
A. Affiliation and Single Entity
B. Cost of Production
15. Calculation of Normal Value Based on Comparison Market Prices
16. Currency Conversion
17. Recommendation
[FR Doc. 2014-28833 Filed 12-8-14; 8:45 am]
BILLING CODE 3510-DS-P