Light-Walled Rectangular Pipe and Tube from Mexico: Final Results of Antidumping Duty Administrative Review; 2013-2014, 69941-69942 [2015-28752]

Download as PDF Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices Dated: November 5, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. any interested party. We did not receive a hearing request. Scope of the Order [FR Doc. 2015–28755 Filed 11–10–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–836] Light-Walled Rectangular Pipe and Tube from Mexico: Final Results of Antidumping Duty Administrative Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: On July 8, 2015, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on lightwalled rectangular pipe and tube from Mexico.1 The review covers one producer/exporter of the subject merchandise, Perfiles y Herrajes LM, S.A. de C.V. (Perfiles). The period of review (POR) is August 1, 2013, through July 31, 2014. As a result of our analysis of the comments received, these final results differ from the Preliminary Results. For the final weighted-average dumping margins, see the ‘‘Final Results of Review’’ section below. DATES: Effective Date: November 12, 2015. AGENCY: FOR FURTHER INFORMATION CONTACT: Brian Davis or Emily Maloof, 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– 5649, respectively. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES Background On July 8, 2015, the Department published the Preliminary Results. In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to comment on the Preliminary Results. On August 7, 2015, Perfiles submitted a timely case brief.2 We received no additional case or rebuttal briefs from 1 See Light-Walled Rectangular Pipe and Tube from Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2013±2014, 80 FR 39055 (July 8, 2015) (Preliminary Results). 2 See Letter to the Department, ‘‘Light-Walled Rectangular Pipe and Tube from Mexico for the 2013–2014 Review Period—Case Brief of Perfiles y Herrajes LM, S.A. de C.V.’’, dated August 7, 2015. VerDate Sep<11>2014 18:15 Nov 10, 2015 Jkt 238001 The scope of this order covers certain welded carbon-quality light-walled steel pipe and tube, of rectangular (including square) cross section, having a wall thickness of less than 4 mm. 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. The merchandise subject to the order is currently classified in the Harmonized Tariff Schedule of the United States at subheadings 8504.23.0040, 8504.23.0080 and 8504.90.9540.3 Analysis of Comments Received All issues raised in the case brief by Perfiles in this administrative review are addressed in the Issues and Decision Memorandum.4 A list of the issues that Perfiles raised and to which we responded is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on-file electronically via ACCESS. ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement. trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. 69941 include certain sales in our analysis that were inadvertently omitted in the Preliminary Results.5 Final Results of Review The weighted-average dumping margin for the period August 1, 2013, through July 31, 2014, is as follows: Manufacturer/exporter Weightedaverage margin (percent) Perfiles ........................................ 0.00 Duty Assessment The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries in this review, in accordance with 19 CFR 351.212(b). Because we have calculated a zero margin for Perfiles in the final results of this review, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.6 This clarification will apply to entries of subject merchandise during the POR produced by the respondent for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see the Automatic Assessment Clarification. The Department intends to issue assessment instructions directly to CBP 41 days after publication of the final results of this review. Based on a review of the record and comments received from Perfiles regarding our Preliminary Results, we recalculated Perfiles’ weighted-average dumping margin for these final results. In particular, we revised our comparison program to address certain programming errors, including errors related to discounts and rebates, and to account for certain insurance expenses. We also revised our margin program to Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of this notice for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of these final results, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for Perfiles noted above will be the rate established in the final results of this administrative 3 For a full description of the scope of the order, see the Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, titled ‘‘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; 2013–2014’’ (Issues and Decision Memorandum), which is issued concurrent with and hereby adopted by this notice. 4 Id. 5 See Memorandum from Emily Maloof to the File, regarding ‘‘Analysis of Data Submitted by Perfiles y Herrajes LM, S.A. de C.V. in the Final Results of the Administrative Review of the Antidumping Duty Order on Light-Walled Rectangular Pipe and Tube from Mexico; 2013– 2014’’ (Perfiles Final Analysis Memorandum), dated November 4, 2015 at section ‘‘Changes from the Preliminary Results,’’ for further information. 6 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Automatic Assessment Clarification). Changes Since the Preliminary Results PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\12NON1.SGM 12NON1 69942 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices Dated: November 4, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. mstockstill on DSK4VPTVN1PROD with NOTICES review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative 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; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 3.76 percent, the all-others rate established in the antidumping investigation.7 These cash deposit requirements, when imposed, shall remain in effect until further notice. [A–570–918] Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h). 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, 45404 (August 5, 2008). VerDate Sep<11>2014 18:15 Nov 10, 2015 Jkt 238001 Appendix—List of Topics Discussed in the Final Issues and Decision Memorandum I. Summary II. Issues III. Background IV. Scope of the Order V. Discussion of Interested Party Comments Comment 1: Discounts Granted on HomeMarket Sales Comment 2: The Proper Universe of Sales Comment 3: Certain Home-Market Insurance Expenses VI. Recommendation [FR Doc. 2015–28752 Filed 11–10–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Steel Wire Garment Hangers From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On July 15, 2015, the Department of Commerce (‘‘the Department’’) published the Preliminary Results of the sixth administrative review of the antidumping duty order on steel wire garment hangers from the People’s Republic of China (‘‘PRC’’).1 We invited parties to comment on the Preliminary Results. Based on our analysis of the comments and information received, we made no changes to the final margin calculations of Shanghai Wells Hanger Co., Ltd. (‘‘Shanghai Wells’’).2 We continue to AGENCY: 1 See Steel Wire Garment Hangers From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013± 2014, 80 FR 41480 (July 15, 2015) (‘‘Preliminary Results’’). 2 The Department previously found that Shanghai Wells Hanger Co., Ltd., Hong Kong Wells Ltd. (‘‘HK Wells’’) and Hong Kong Wells Ltd. (USA) (‘‘Wells USA’’) are affiliated and that Shanghai Wells Hanger Co., Ltd. and HK Wells comprise a single entity (collectively, ‘‘Shanghai Wells’’). Because there were no changes in this review to the facts that supported that decision, we continue to find Shanghai Wells, HK Wells, and USA Wells are affiliated and that Shanghai Wells and HK Wells comprise a single entity. See Steel Wire Garment Hangers From the People's Republic of China: Preliminary Results and Preliminary Rescission, in Part, of the First Antidumping Duty Administrative Review, 75 FR 68758, 68761 (November 9, 2010), unchanged in First Administrative Review of Steel Wire Garment Hangers From the People's Republic of China: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review, 76 FR 27994, 27996 (May 13, 2011). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 find Ningbo Dasheng Hanger Industry Co., Ltd. (‘‘Ningbo Dasheng’’) is not eligible for separate rate status and, therefore, is part of the PRC-wide entity. Listed below in the ‘‘Final Results of the Administrative Review’’ section of this notice are the final dumping margins. The period of review (‘‘POR’’) is October 1, 2013, through September 30, 2014. DATES: Effective Date: November 12, 2015. FOR FURTHER INFORMATION CONTACT: Alexis Polovina, Alexander Komisar, or Kathleen Marksberry, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3927, (202) 482– 7425, or (202) 482–7906, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the Preliminary Results on July 15, 2015. On August 24, 2015, M&B Metal Products Inc., (‘‘Petitioner’’), U.S. Distributors,3 Aristocraft of America LLC (‘‘Aristocraft’’), and Ningbo Dasheng submitted case briefs. On September 1, 2015, Petitioner submitted a rebuttal brief. On September 9, 2015, the Department held a public hearing where counsel for Petitioner, U.S. Distributors, and Aristocraft, presented issues raised in their case and rebuttal briefs. Scope of the Order The merchandise that is subject to the order is steel wire garment hangers. The products subject to the order are currently classified under U.S. Harmonized Tariff Schedule (‘‘HTSUS’’) subheadings 7326.20.0020, 7323.99.9060, and 7323.99.9080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise remains dispositive. A full description of the scope of the order is contained in the Issues and Decision Memorandum,4 which is hereby adopted by this notice. 3 FabriClean Supply Inc., Best For Less Dry Cleaners Supply LLC, Ideal Chemical & Supply Company, Laundry & Cleaners Supply Inc., Rocky Mountain Hanger MFG Co., Rosenberg Supply Co., Ltd, and ZTN Management Company, LLC, (collectively, ‘‘U.S. Distributors’’). The U.S. Distributors include importers of subject merchandise and a wholesaler of domestic like product. 4 See the Department’s Memorandum, titled ‘‘Steel Wire Garment Hangers from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the Sixth Antidumping Duty Administrative Review,’’ dated concurrently with this notice (‘‘Issues and Decision Memorandum’’). E:\FR\FM\12NON1.SGM 12NON1

Agencies

[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Notices]
[Pages 69941-69942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28752]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-836]


Light-Walled Rectangular Pipe and Tube from Mexico: Final Results 
of Antidumping Duty Administrative Review; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce
SUMMARY: On July 8, 2015, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on light-walled rectangular pipe and tube from 
Mexico.\1\ The review covers one producer/exporter of the subject 
merchandise, Perfiles y Herrajes LM, S.A. de C.V. (Perfiles). The 
period of review (POR) is August 1, 2013, through July 31, 2014. As a 
result of our analysis of the comments received, these final results 
differ from the Preliminary Results. 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 of Antidumping Duty Administrative Review; 2013-
2014, 80 FR 39055 (July 8, 2015) (Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective Date: November 12, 2015.

FOR FURTHER INFORMATION CONTACT: Brian Davis or Emily Maloof, 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) 482-5649, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 8, 2015, the Department published the Preliminary Results. 
In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to 
comment on the Preliminary Results. On August 7, 2015, Perfiles 
submitted a timely case brief.\2\ We received no additional case or 
rebuttal briefs from any interested party. We did not receive a hearing 
request.
---------------------------------------------------------------------------

    \2\ See Letter to the Department, ``Light-Walled Rectangular 
Pipe and Tube from Mexico for the 2013-2014 Review Period--Case 
Brief of Perfiles y Herrajes LM, S.A. de C.V.'', dated August 7, 
2015.
---------------------------------------------------------------------------

Scope of the Order

    The scope of this order covers certain welded carbon-quality light-
walled steel pipe and tube, of rectangular (including square) cross 
section, having a wall thickness of less than 4 mm. 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. The merchandise 
subject to the order is currently classified in the Harmonized Tariff 
Schedule of the United States at subheadings 8504.23.0040, 8504.23.0080 
and 8504.90.9540.\3\
---------------------------------------------------------------------------

    \3\ For a full description of the scope of the order, see the 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, titled ``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; 2013-2014'' (Issues and Decision 
Memorandum), which is issued concurrent with and hereby adopted by 
this notice.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case brief by Perfiles in this 
administrative review are addressed in the Issues and Decision 
Memorandum.\4\ A list of the issues that Perfiles raised and to which 
we responded is attached to this notice as an Appendix. The Issues and 
Decision Memorandum is a public document and is on-file electronically 
via ACCESS. ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 of the 
main Department of Commerce building. In addition, a complete version 
of the Issues and Decision Memorandum can be accessed directly on the 
Internet at http://enforcement.trade.gov/frn/index.html. The signed 
Issues and Decision Memorandum and the electronic version of the Issues 
and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ Id.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on a review of the record and comments received from Perfiles 
regarding our Preliminary Results, we recalculated Perfiles' weighted-
average dumping margin for these final results.
    In particular, we revised our comparison program to address certain 
programming errors, including errors related to discounts and rebates, 
and to account for certain insurance expenses. We also revised our 
margin program to include certain sales in our analysis that were 
inadvertently omitted in the Preliminary Results.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum from Emily Maloof to the File, regarding 
``Analysis of Data Submitted by Perfiles y Herrajes LM, S.A. de C.V. 
in the Final Results of the Administrative Review of the Antidumping 
Duty Order on Light-Walled Rectangular Pipe and Tube from Mexico; 
2013-2014'' (Perfiles Final Analysis Memorandum), dated November 4, 
2015 at section ``Changes from the Preliminary Results,'' for 
further information.
---------------------------------------------------------------------------

Final Results of Review

    The weighted-average dumping margin for the period August 1, 2013, 
through July 31, 2014, is as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
------------------------------------------------------------------------
Perfiles...................................................        0.00
------------------------------------------------------------------------

Duty Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries in this review, in accordance with 19 CFR 351.212(b). Because 
we have calculated a zero margin for Perfiles in the final results of 
this review, 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.\6\ This clarification will apply to entries of subject 
merchandise during the POR produced by the respondent for which it did 
not know its merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction. For a full discussion of this 
clarification, see the Automatic Assessment Clarification.
---------------------------------------------------------------------------

    \6\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Automatic Assessment Clarification).
---------------------------------------------------------------------------

    The Department intends to issue assessment instructions directly to 
CBP 41 days after publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice for all shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication of these final results, as provided by section 751(a)(2) of 
the Act: (1) The cash deposit rate for Perfiles noted above will be the 
rate established in the final results of this administrative

[[Page 69942]]

review; (2) for merchandise exported by manufacturers or exporters not 
covered in this administrative 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; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation, but the manufacturer is, 
the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the manufacturer of 
the subject merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 3.76 percent, the all-
others rate established in the antidumping investigation.\7\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further 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, 45404 (August 5, 2008).
---------------------------------------------------------------------------

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping and/or countervailing duties prior to 
liquidation of the relevant entries during the POR. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping and/or countervailing duties occurred and 
the subsequent assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: November 4, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Final Issues and Decision 
Memorandum

I. Summary
II. Issues
III. Background
IV. Scope of the Order
V. Discussion of Interested Party Comments
Comment 1: Discounts Granted on Home-Market Sales
Comment 2: The Proper Universe of Sales
Comment 3: Certain Home-Market Insurance Expenses
VI. Recommendation

[FR Doc. 2015-28752 Filed 11-10-15; 8:45 am]
 BILLING CODE 3510-DS-P