Heavy Walled Rectangular Carbon Steel Pipes and Tubes From Mexico: Amended Preliminary Determination of Sales at Less Than Fair Value, 14090-14091 [2016-05943]
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14090
Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
and Materials (‘‘ASTM’’) or American
Petroleum Institute (‘‘API’’)
specifications referenced below, or
comparable specifications. Specifically
included within the scope are seamless
carbon and alloy steel (other than
stainless steel) standard, line, and
pressure pipes produced to the ASTM
A–53, ASTM A–106, ASTM A–333,
ASTM A–334, ASTM A–589, ASTM
A–795, ASTM A–1024, and the API 5L
specifications, or comparable
specifications, and meeting the physical
parameters described above, regardless
of application, with the exception of the
exclusion discussed below.
Specifically excluded from the scope
of the orders are: (1) All pipes meeting
aerospace, hydraulic, and bearing tubing
specifications; (2) all pipes meeting the
chemical requirements of ASTM A–335,
whether finished or unfinished; and (3)
unattached couplings. Also excluded
from the scope of the order are all
mechanical, boiler, condenser and heat
exchange tubing, except when such
products conform to the dimensional
requirements, i.e., outside diameter and
wall thickness of ASTM A–53, ASTM
A–106 or API 5L specifications.
The merchandise covered by the
orders is currently classified in the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) under item
numbers: 7304.19.1020, 7304.19.1030,
7304.19.1045, 7304.19.1060,
7304.19.5020, 7304.19.5050,
7304.31.6050, 7304.39.0016,
7304.39.0020, 7304.39.0024,
7304.39.0028, 7304.39.0032,
7304.39.0036, 7304.39.0040,
7304.39.0044, 7304.39.0048,
7304.39.0052, 7304.39.0056,
7304.39.0062, 7304.39.0068,
7304.39.0072, 7304.51.5005,
7304.51.5060, 7304.59.6000,
7304.59.8010, 7304.59.8015,
7304.59.8020, 7304.59.8025,
7304.59.8030, 7304.59.8035,
7304.59.8040, 7304.59.8045,
7304.59.8050, 7304.59.8055,
7304.59.8060, 7304.59.8065, and
7304.59.8070. Although the HTSUS
subheadings are provided for
convenience and customs purposes, our
written description of the merchandise
subject to this scope is dispositive.
Continuation of the Orders
As a result of the determinations by
the Department and the ITC that
revocation of the AD and CVD orders
would likely lead to a continuation or
recurrence of dumping and
countervailable subsidies and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a), the
Department hereby orders the
VerDate Sep<11>2014
18:11 Mar 15, 2016
Jkt 238001
continuation of the AD order and CVD
order on seamless pipe from the PRC.
U.S. Customs and Border Protection will
continue to collect antidumping and
countervailing duty cash deposits at the
rates in effect at the time of entry for all
imports of subject merchandise.
The effective date of the continuation
of the orders will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act, the
Department intends to initiate the next
five-year review of the orders not later
than 30 days prior to the fifth
anniversary of the effective date of
continuation.
These five-year (‘‘sunset’’) reviews
and this notice are in accordance with
section 751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: March 9, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–05941 Filed 3–15–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–847]
Heavy Walled Rectangular Carbon
Steel Pipes and Tubes From Mexico:
Amended Preliminary Determination of
Sales at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the correction
of a significant ministerial error, the
Department of Commerce (the
Department) continues to preliminarily
determine that heavy walled rectangular
carbon steel pipes and tubes (HWR
pipes and tubes) from Mexico are being
sold in the United States at less than fair
value (LTFV), as provided in section
733(b) of the Tariff Act of 1930, as
amended (the Act). The period of
investigation is July 1, 2014, through
June 30, 2015. Interested parties are
invited to comment on this amended
preliminary determination.
DATES: Effective Date: March 1, 2016.
FOR FURTHER INFORMATION CONTACT:
Blaine Wiltse or David Crespo, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6345 or (202) 482–
3693, respectively.
AGENCY:
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Fmt 4703
Sfmt 4703
SUPPLEMENTARY INFORMATION:
Background
On February 29, 2016, Productos
Laminados de Monterrey S.A. de C.V.
(Prolamsa), alleged that the Department
made a significant ministerial error in
the Preliminary Determination.1
Scope of the Investigation
The products covered by this
investigation are certain heavy walled
rectangular welded steel pipes and
tubes of rectangular (including square)
cross section, having a nominal wall
thickness of not less than 4 mm. The
merchandise includes, but is not limited
to, the American Society for Testing and
Materials (ASTM) A–500, grade B
specifications, or comparable domestic
or foreign specifications.
Included products are those in which:
(1) Iron predominates, by weight, over
each of the other contained elements; (2)
the carbon content is 2 percent or less,
by weight; and (3) none of the elements
below exceeds the quantity, by weight,
respectively indicated:
• 2.50 percent of manganese, or
• 3.30 percent of silicon, or
• 1.50 percent of copper, or
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 2.0 percent of nickel, or
• 0.30 percent of tungsten, or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium (also called
columbium), or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium.
The subject merchandise is currently
provided for in item 7306.61.1000 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Subject
merchandise may also enter under
HTSUS 7306.61.3000. While the HTSUS
subheadings and ASTM specification
are provided for convenience and
customs purposes, the written
description of the scope of this
investigation is dispositive.
Significant Ministerial Error
A ministerial error is defined in 19
CFR 351.224(f) as ‘‘an error in addition,
subtraction, or other arithmetic
function, clerical error resulting from
inaccurate copying, duplication, or the
like, and any other similar type of
unintentional error which the Secretary
considers ministerial.’’ Further, 19 CFR
1 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes From Mexico: Affirmative
Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, 81 FR 10587 (March 1, 2016)
(Preliminary Determination).
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16MRN1
Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices
351.224(e) provides that the Department
‘‘will analyze any comments received
and, if appropriate, correct any
significant ministerial error by
amending the preliminary
determination.’’ A significant
ministerial error is defined as a
ministerial error, the correction of
which, singly or in combination with
other errors, would result in: (1) A
change of at least five absolute
percentage points in, but not less than
25 percent of, the weighted-average
dumping margin calculated in the
original (erroneous) preliminary
determination; or (2) a difference
between a weighted-average dumping
margin of zero or de minimis and a
weighted-average dumping margin of
greater than de minimis or vice versa.2
mstockstill on DSK4VPTVN1PROD with NOTICES
Ministerial Error Allegation
Productos Laminados de Monterrey
S.A. de C.V. (Prolamsa) argues that the
Department in its margin calculations
incorrectly referenced the variable name
for the production quantity reported in
Prolamsa’ cost of production database as
‘‘QUANTITY,’’ rather than
‘‘PRODQTY.’’ 3 As a result of this error,
Prolamsa points out that the Department
failed to weight average Prolamsa’s
reported costs by production quantity,
but instead calculated a simple average
of Prolamsa’s costs.
We agree with Prolamsa. Moreover,
pursuant to 19 CFR 351.224(g)(2), this
error is significant because the
correction of the error results in a
change of at least five absolute
percentage points in, but not less than
25 percent of, the weighted-average
dumping margin originally calculated
for Prolamsa. Therefore, we are
correcting the error alleged by Prolamsa
and we are amending our preliminary
determination accordingly.
The collection of cash deposits and
suspension of liquidation will be
revised accordingly in accordance with
sections 733(d) and (f) of the Act and 19
CFR 351.224. Because the correction of
the error for Prolamsa results in a
reduced cash deposit rate, the revised
rates calculated for Prolamsa and the
companies covered by the ‘‘all others’’
rate will be effective retroactively to
March 1, 2016, the date of publication
of the Preliminary Determination.
Amended Preliminary Determination
We are amending the preliminary
determination of sales at LTFV for HWR
pipes and tubes from Mexico to reflect
2 See
19 CFR 351.224(g)(1) and (2).
letter from Prolamsa entitled, ‘‘Heavy
Walled Rectangular Carbon Steel Pipes and Tubes
from Mexico: Ministerial Error Comments,’’ dated
February 29, 2016, at page 3.
3 See
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18:11 Mar 15, 2016
Jkt 238001
the correction of a ministerial error
made in the margin calculation of that
determination for Prolamsa. As a result
of the correction of the ministerial error,
the revised weighted-average dumping
margins are as follows:
Exporter/manufacturer
Weighted-average
dumping margin
(percent)
14091
DEPARTMENT OF COMMERCE
International Trade Administration
[A–427–602]
Brass Sheet and Strip From France:
Final Results of Antidumping Duty
Administrative Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Productos Laminados de
Department of Commerce.
Monterrey S.A. de C.V.
5.17
SUMMARY: On December 1, 2015, the
4 4.92
All Others ........................
Department of Commerce (the
Department) published the preliminary
International Trade Commission (ITC)
results of the administrative review of
Notification
the antidumping duty order on brass
sheet and strip from France.1 The
In accordance with section 733(f) of
review covers Griset SA (Griset) and
the Act, we are notifying the
International Trade Commission (ITC) of KME France SAS (KME France). The
our amended preliminary determination period of review (POR) is March 1,
2014, through February 28, 2015. We
of sales at LTFV. If our final
invited interested parties to comment on
determination is affirmative, the ITC
our Preliminary Results. No parties
will determine before the later of 120
commented, and our final results
days after the date of this preliminary
remain unchanged from our Preliminary
determination or 45 days after our final
Results. The final results are listed in
determination whether these imports
the section entitled ‘‘Final Results of
are materially injuring, or threaten
Review’’ below.
material injury to, the U.S. industry.5
DATES: Effective Date: March 16, 2016.
Notification to Interested Parties
FOR FURTHER INFORMATION CONTACT:
Mark Flessner or Robert James, AD/CVD
The Department intends to disclose
Operations, Office VI, Enforcement and
calculations performed in connection
Compliance, International Trade
with this amended preliminary
Administration, U.S. Department of
determination within five days of the
Commerce, 14th Street and Constitution
date of publication of this notice in
Avenue NW., Washington, DC 20230;
accordance with 19 CFR 351.224(b).
telephone: (202) 482–6312 or (202) 482–
0649, respectively.
This determination is issued and
published in accordance with sections
SUPPLEMENTARY INFORMATION:
733(f) and 777(i) of the Act and 19 CFR
Background
351.224(e).
On December 1, 2015, the Department
Dated: March 9, 2016.
published the preliminary results of this
Paul Piquado,
review in the Federal Register. See
Assistant Secretary for Enforcement and
Preliminary Results. We invited parties
Compliance.
to comment on the Preliminary Results.
[FR Doc. 2016–05943 Filed 3–15–16; 8:45 am]
No party commented, nor did any party
request a hearing.
BILLING CODE 3510–DS–P
As explained in the memorandum
from the Acting Assistant Secretary for
Enforcement & Compliance, the
Department has exercised its discretion
4 In this investigation, we based our calculation
to toll all administrative deadlines due
of the all-others rate on the weighted-average of the
to the recent closure of the Federal
margins calculated for Maquilacero S.A. de C.V.
Government. All deadlines in this
and Prolamsa using publicly-ranged data. Because
we cannot apply our normal methodology of
segment of the proceeding have been
calculating a weighted-average margin due to
extended by four business days. The
requests to protect business-proprietary
revised deadline for the final results of
information, we find this rate to be the best proxy
this review is now April 5, 2016.2
of the actual weighted-average margin determined
for these respondents. For further discussion of this
calculation, see the memorandum entitled ‘‘LessThan-Fair-Value Investigation of Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
from Mexico: Calculation of the All-Others Rate for
the Amended Preliminary Determination,’’ dated
concurrently with this notice.
5 See 735(b)(2) of the Act.
PO 00000
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Sfmt 4703
AGENCY:
1 See Brass Sheet and Strip From France:
Preliminary Results of Antidumping Duty
Administrative Review; 2014–2015, 80 FR 75055
(December 1, 2015) (Preliminary Results).
2 See Memorandum to the Record from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, regarding ‘‘Tolling of Administrative
E:\FR\FM\16MRN1.SGM
Continued
16MRN1
]]>Agencies
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14090-14091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05943]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-847]
Heavy Walled Rectangular Carbon Steel Pipes and Tubes From
Mexico: Amended Preliminary Determination of Sales at Less Than Fair
Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the correction of a significant ministerial
error, the Department of Commerce (the Department) continues to
preliminarily determine that heavy walled rectangular carbon steel
pipes and tubes (HWR pipes and tubes) from Mexico are being sold in the
United States at less than fair value (LTFV), as provided in section
733(b) of the Tariff Act of 1930, as amended (the Act). The period of
investigation is July 1, 2014, through June 30, 2015. Interested
parties are invited to comment on this amended preliminary
determination.
DATES: Effective Date: March 1, 2016.
FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or David Crespo, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6345 or (202) 482-3693, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 29, 2016, Productos Laminados de Monterrey S.A. de C.V.
(Prolamsa), alleged that the Department made a significant ministerial
error in the Preliminary Determination.\1\
---------------------------------------------------------------------------
\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes From Mexico: Affirmative Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination, 81 FR
10587 (March 1, 2016) (Preliminary Determination).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are certain heavy walled
rectangular welded steel pipes and tubes of rectangular (including
square) cross section, having a nominal wall thickness of not less than
4 mm. The merchandise includes, but is not limited to, the American
Society for Testing and Materials (ASTM) A-500, grade B specifications,
or comparable domestic or foreign specifications.
Included products are those in which: (1) Iron predominates, by
weight, over each of the other contained elements; (2) the carbon
content is 2 percent or less, by weight; and (3) none of the elements
below exceeds the quantity, by weight, respectively indicated:
2.50 percent of manganese, or
3.30 percent of silicon, or
1.50 percent of copper, or
1.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
2.0 percent of nickel, or
0.30 percent of tungsten, or
0.80 percent of molybdenum, or
0.10 percent of niobium (also called columbium), or
0.30 percent of vanadium, or
0.30 percent of zirconium.
The subject merchandise is currently provided for in item
7306.61.1000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Subject merchandise may also enter under HTSUS 7306.61.3000.
While the HTSUS subheadings and ASTM specification are provided for
convenience and customs purposes, the written description of the scope
of this investigation is dispositive.
Significant Ministerial Error
A ministerial error is defined in 19 CFR 351.224(f) as ``an error
in addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.'' Further, 19 CFR
[[Page 14091]]
351.224(e) provides that the Department ``will analyze any comments
received and, if appropriate, correct any significant ministerial error
by amending the preliminary determination.'' A significant ministerial
error is defined as a ministerial error, the correction of which,
singly or in combination with other errors, would result in: (1) A
change of at least five absolute percentage points in, but not less
than 25 percent of, the weighted-average dumping margin calculated in
the original (erroneous) preliminary determination; or (2) a difference
between a weighted-average dumping margin of zero or de minimis and a
weighted-average dumping margin of greater than de minimis or vice
versa.\2\
---------------------------------------------------------------------------
\2\ See 19 CFR 351.224(g)(1) and (2).
---------------------------------------------------------------------------
Ministerial Error Allegation
Productos Laminados de Monterrey S.A. de C.V. (Prolamsa) argues
that the Department in its margin calculations incorrectly referenced
the variable name for the production quantity reported in Prolamsa'
cost of production database as ``QUANTITY,'' rather than ``PRODQTY.''
\3\ As a result of this error, Prolamsa points out that the Department
failed to weight average Prolamsa's reported costs by production
quantity, but instead calculated a simple average of Prolamsa's costs.
---------------------------------------------------------------------------
\3\ See letter from Prolamsa entitled, ``Heavy Walled
Rectangular Carbon Steel Pipes and Tubes from Mexico: Ministerial
Error Comments,'' dated February 29, 2016, at page 3.
---------------------------------------------------------------------------
We agree with Prolamsa. Moreover, pursuant to 19 CFR 351.224(g)(2),
this error is significant because the correction of the error results
in a change of at least five absolute percentage points in, but not
less than 25 percent of, the weighted-average dumping margin originally
calculated for Prolamsa. Therefore, we are correcting the error alleged
by Prolamsa and we are amending our preliminary determination
accordingly.
The collection of cash deposits and suspension of liquidation will
be revised accordingly in accordance with sections 733(d) and (f) of
the Act and 19 CFR 351.224. Because the correction of the error for
Prolamsa results in a reduced cash deposit rate, the revised rates
calculated for Prolamsa and the companies covered by the ``all others''
rate will be effective retroactively to March 1, 2016, the date of
publication of the Preliminary Determination.
Amended Preliminary Determination
We are amending the preliminary determination of sales at LTFV for
HWR pipes and tubes from Mexico to reflect the correction of a
ministerial error made in the margin calculation of that determination
for Prolamsa. As a result of the correction of the ministerial error,
the revised weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-average
Exporter/manufacturer dumping margin
(percent)
------------------------------------------------------------------------
Productos Laminados de Monterrey S.A. de C.V......... 5.17
All Others........................................... \4\ 4.92
------------------------------------------------------------------------
International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we are notifying the
International Trade Commission (ITC) of our amended preliminary
determination of sales at LTFV. If our final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after our final
determination whether these imports are materially injuring, or
threaten material injury to, the U.S. industry.\5\
---------------------------------------------------------------------------
\4\ In this investigation, we based our calculation of the all-
others rate on the weighted-average of the margins calculated for
Maquilacero S.A. de C.V. and Prolamsa using publicly-ranged data.
Because we cannot apply our normal methodology of calculating a
weighted-average margin due to requests to protect business-
proprietary information, we find this rate to be the best proxy of
the actual weighted-average margin determined for these respondents.
For further discussion of this calculation, see the memorandum
entitled ``Less-Than-Fair-Value Investigation of Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes from Mexico:
Calculation of the All-Others Rate for the Amended Preliminary
Determination,'' dated concurrently with this notice.
\5\ See 735(b)(2) of the Act.
---------------------------------------------------------------------------
Notification to Interested Parties
The Department intends to disclose calculations performed in
connection with this amended preliminary determination within five days
of the date of publication of this notice in accordance with 19 CFR
351.224(b).
This determination is issued and published in accordance with
sections 733(f) and 777(i) of the Act and 19 CFR 351.224(e).
Dated: March 9, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-05943 Filed 3-15-16; 8:45 am]
BILLING CODE 3510-DS-P
