Heavy Walled Rectangular Carbon Steel Pipes and Tubes From Mexico: Amended Preliminary Determination of Sales at Less Than Fair Value, 14090-14091 [2016-05943]

Download as PDF 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: PO 00000 Frm 00012 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). E:\FR\FM\16MRN1.SGM 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 VerDate Sep<11>2014 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 Frm 00013 Fmt 4703 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]


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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.
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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