Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016, 42076-42078 [2017-18825]
Download as PDF
42076
Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Notices
asabaliauskas on DSKBBXCHB2PROD with NOTICES
merchandise in accordance with the
final results of this review.
For DSM and Hyundai Steel, we
calculated importer-specific assessment
rates on the basis of the ratio of the total
amount of antidumping duties
calculated for each importer’s examined
sales and the total entered value of the
sales in accordance with 19 CFR
351.212(b)(1).7 For entries of subject
merchandise during the period of
review produced by DSM or Hyundai
Steel for which it did not know its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction. For the companies
which were not selected for individual
examination, BDP International, Bookuk
Steel Co., Ltd., Samsung C&T
Engineering & Construction Group,
Samsung C&T Trading and Investment
Group, and Sung Jin Steel Co., Ltd., we
will instruct CBP to apply the rates
listed above to all entries of subject
merchandise produced and/or exported
by these firms. For the eight companies
that we determined had no reviewable
entries of the subject merchandise in
this review period, we will instruct CBP
to liquidate any applicable entries of
subject merchandise at the all-others
rate. We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of these
reviews.
Cash Deposit Requirements
The following deposit requirements
will be applicable upon publication of
this notice for all shipments of CTL
plate from Korea entered, or withdrawn
from warehouse, for consumption on or
after the date of publication, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for the companies
listed above will be equal to the
weighted-average dumping margins
established in the final results of this
administrative review; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in a prior completed segment of
the proceeding, the cash deposit rate
will continue to be the companyspecific rate published for the most
recent period; (3) if the exporter is not
a firm covered in this review, a prior
review, or the original investigation but
the producer has been covered in a prior
7 In these final results, the Department applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
VerDate Sep<11>2014
17:37 Sep 05, 2017
Jkt 241001
complete segment of this proceeding,
the cash deposit rate will be the rate
established for the most recent period
for the producer of the merchandise; (4)
the cash deposit rate for all other
manufacturers or exporters will
continue to be 0.98 percent,8 the allothers rate determined in the less-thanfair-value (LTFV) investigation, adjusted
for the export-subsidy rate in the
companion countervailing duty
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Individual Examination
Discussion of the Issues
Comment 1: Differential Pricing
Comment 2: Major-Input Rule
Comment 3: Cost Differences Not
Associated With Physical Characteristics
Comment 4: Cost of Prime Products
Comment 5: Affiliated-Party Inputs
Comment 6: Overrun Sales
Comment 7: Marine Insurance
Comment 8: Reviewable Entries
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
DEPARTMENT OF COMMERCE
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a violation subject to sanction.
This notice is published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.221(b)(5).
Dated: August 30, 2017.
Gary Taverman.
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
Summary
Background
Scope of the Order
Rates for Respondents Not Selected for
8 See, e.g., Certain Cut-to-Length Carbon-Quality
Steel Plate Products from the Republic of Korea:
Final Results of Antidumping Duty Administrative
Review and New Shipper Review; 2014–2015, 81 FR
62712, 62714 (September 12, 2016).
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
[FR Doc. 2017–18824 Filed 9–5–17; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
[A–201–836]
Light-Walled Rectangular Pipe and
Tube From Mexico: Preliminary
Results of Antidumping Duty
Administrative Review; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on light-walled
rectangular pipe and tube (LWRPT)
from Mexico. The period of review is
August 1, 2015, through July 31, 2016.
The review covers one producer/
exporter of the subject merchandise,
Productos Laminados de Monterrey S.A.
de C.V (Productos Laminados). We
preliminarily determine that sales of
subject merchandise by Productos
Laminados and affiliated reseller,
Aceros Cuatros Caminos S.A. de C.V.
(A4C) (collectively, Prolamsa), were not
made at less than normal value during
the period of review. Interested parties
are invited to comment on these
preliminary results.
DATES: Applicable September 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Madeline Heeren, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–9179.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
These preliminary results of review
are made in accordance with section
733(b) of the Tariff Act of 1930, as
amended (the Act). On October 14,
2016, the Department published the
notice of initiation for the
administrative review.1 For a complete
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
E:\FR\FM\06SEN1.SGM
06SEN1
Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Notices
description of the events that followed
the initiation of the review, see the
Preliminary Decision Memorandum.2 A
list of topics included in the
Preliminary Decision Memorandum is
included as Appendix II to this notice.
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 and to all
parties in the Central Records Unit,
located in room B8094 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 the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Scope of the Order
The products covered by the scope of
the order are LWRPT from Mexico. For
a complete description of the scope, see
Appendix I of this notice.
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) of the Act. For a full
description of the methodology
underlying the preliminary results, see
the Preliminary Decision Memorandum.
Preliminary Results of Review
asabaliauskas on DSKBBXCHB2PROD with NOTICES
We preliminarily determine that, for
the period August 1, 2015, through July
31, 2016, the following weightedaverage dumping margin exists: 3
71061 (October 14, 2016) (Initiation Notice) as
corrected in Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
78778 (November 9, 2016) (Correction Notice).
2 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Light-Walled Rectangular
Pipe and Tube from Mexico; 2015–2016,’’ dated
concurrently with this notice.
3 The Department has preliminarily determined to
collapse, and treat as a single entity, affiliates
Productos Laminados de Monterrey S.A. de C.V.
and Aceros Cuatro Caminos S.A. de C.V. For our
analysis of the collapsing criteria, see
Memorandum, ‘‘Analysis Memorandum for
Productos Laminados de Monterrey S.A. de C.V.
and Aceros Cuatro Caminos S.A. de C.V. in the
Preliminary Results of the 2015/2016
Administrative Review of the Antidumping Duty
order on Light-Walled Rectangular Pipe and Tube
from Mexico,’’ dated concurrently with this notice.
VerDate Sep<11>2014
17:37 Sep 05, 2017
Jkt 241001
Weightedaverage
margin
(percent)
Producer/exporter
Productos Laminados de
Monterrey S.A. de C.V./
Aceros Cuatros Caminos
S.A. de C.V .......................
0.00
Disclosure and Public Comment
The Department will disclose to
parties to the proceeding any
calculations performed in connection
with these preliminary results of review
within five days after the date of
publication of this notice.4 Interested
parties may submit case briefs not later
than 30 days after the date of
publication of this notice in the Federal
Register.5 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed not later than five days after the
date for filing case briefs.6 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.7 Case and rebuttal
briefs should be filed using ACCESS.8
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance within 30
days of the date of publication of this
notice.9 Requests should contain: (1)
The party’s name, address and
telephone number; (2) the number of
participants; and (3) a list of issues
parties intend to discuss. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, the Department intends to hold
the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230, at a date
and time to be determined.10 Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
Unless extended, the Department
intends to issue the final results of this
administrative review, which will
include the results of our analysis of all
issues raised in the case briefs, within
120 days of publication of these
preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act.
4 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii).
6 See 19 CFR 351.309(d)(1).
7 See 19 CFR 351.309(c)(2) and (d)(2).
8 See 19 CFR 351.303.
9 See 19 CFR 351.310(c).
10 See 19 CFR 351.310(d).
5 See
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
42077
Assessment Rates
Upon issuance of the final results, the
Department will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.11 If a respondent’s weightedaverage dumping margin is not zero or
de minimis in the final results of this
review and the respondent reported
reliable entered values, we will
calculate importer-specific ad valorem
assessment rates for the merchandise
based on the ratio of the total amount of
dumping calculated for the examined
sales made during the period of review
to each importer to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1). If the
respondent has not reported reliable
entered values, we will calculate a perunit assessment rate for each importer
by dividing the total amount of
dumping for the examined sales made
during the period of review to that
importer by the total sales quantity
associated with those transactions.
Where an importer-specific ad valorem
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties in accordance with
19 CFR 351.106(c)(2). If the
respondent’s weighted-average dumping
margin 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.’’ 12
Regarding entries of subject
merchandise during the period of
review that were produced by Prolamsa
and for which they did not know that
the merchandise was destined for the
United States, we will instruct CBP to
liquidate un-reviewed entries at the allothers rate of 3.76 percent, as
established in the less-than-fair-value
investigation of the order, if there is no
rate for the intermediate company(ies)
involved in the transaction.13 For a full
11 See
19 CFR 351.212(b)(1).
Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
Reviews).
13 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, (August 5, 2008) (Order).
12 See
E:\FR\FM\06SEN1.SGM
06SEN1
42078
Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Notices
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
discussion of this matter, see
Assessment Policy Notice.14
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for Prolamsa will be
equal to the weighted-average dumping
margin established in the final results of
this administrative review; (2) for
previously reviewed or investigated
companies not listed above, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which they were
reviewed; (3) if the exporter is not a firm
covered in this review, a prior review,
or in the investigation but the producer
is, the cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be the all-others rate of 3.76 percent.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a 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.
Dated: August 30, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
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 term carbon-quality steel includes
both carbon steel and alloy steel which
contains only small amounts of alloying
elements. Specifically, the term carbonquality includes products in which none of
the elements listed below exceeds the
quantity by weight respectively indicated;
1.80 percent of manganese, or 2.25 percent of
silicon, or 1.00 percent of copper, or 0.50
percent of aluminum, or 1.25 percent of
chromium, or 0.30 percent of cobalt, or 0.40
percent of lead, or 1.25 percent of nickel, or
0.30 percent of tungsten, or 0.10 percent of
molybdenum, or 0.10 percent of niobium, or
0.15 percent of vanadium, or 0.15 percent of
zirconium.
The description of carbon-quality is
intended to identify carbon-quality products
within the scope. 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. This tariff classification is
provided for convenience and Customs
purposes; however, the written description of
the scope of the order is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Background
2. Scope of the Order
3. Affiliation and Collapsing of Affiliates
4. Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
5. Product Comparisons
6. Date of Sale
7. Export Price/Constructed Export Price
8. Normal Value
A. Home Market Viability as Comparison
Market
B. Level of Trade
C. Sales to Affiliates
D. Cost of Production
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the Cost of Production Test
E. Calculation of Normal Value Based on
Comparison Market Prices
F. Price-to-Constructed Value Comparison
9. Currency Conversion
10. Recommendation
[FR Doc. 2017–18825 Filed 9–5–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Background
Every five years, pursuant to Tariff
Act of 1930, as amended (the Act), the
Department of Commerce (the
Department) and the International Trade
Commission automatically initiate and
conduct a review to determine whether
revocation of a countervailing or
antidumping duty order or termination
of an investigation suspended under
section 704 or 734 of the Act would be
likely to lead to continuation or
recurrence of dumping or a
countervailable subsidy (as the case may
be) and of material injury.
Upcoming Sunset Reviews for October
2017
Pursuant to section 751(c) of the Act,
the following Sunset Reviews are
scheduled for initiation in October 2017
and will appear in that month’s Notice
of Initiation of Five-Year Sunset Reviews
(Sunset Reviews).
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Department contact
Antidumping Duty Proceedings
Silicomanganese from China (A–570–828) (4th Review) ............................................................................
Silicomanganese from Ukraine (A–823–805) (4th Review) .........................................................................
Robert James (202) 482–0649.
Robert James (202) 482–0649.
14 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
VerDate Sep<11>2014
17:37 Sep 05, 2017
Jkt 241001
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
E:\FR\FM\06SEN1.SGM
06SEN1
Agencies
[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Notices]
[Pages 42076-42078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18825]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary
Results of Antidumping Duty Administrative Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on light-walled
rectangular pipe and tube (LWRPT) from Mexico. The period of review is
August 1, 2015, through July 31, 2016. The review covers one producer/
exporter of the subject merchandise, Productos Laminados de Monterrey
S.A. de C.V (Productos Laminados). We preliminarily determine that
sales of subject merchandise by Productos Laminados and affiliated
reseller, Aceros Cuatros Caminos S.A. de C.V. (A4C) (collectively,
Prolamsa), were not made at less than normal value during the period of
review. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable September 6, 2017.
FOR FURTHER INFORMATION CONTACT: Madeline Heeren, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-9179.
SUPPLEMENTARY INFORMATION:
Background
These preliminary results of review are made in accordance with
section 733(b) of the Tariff Act of 1930, as amended (the Act). On
October 14, 2016, the Department published the notice of initiation for
the administrative review.\1\ For a complete
[[Page 42077]]
description of the events that followed the initiation of the review,
see the Preliminary Decision Memorandum.\2\ A list of topics included
in the Preliminary Decision Memorandum is included as Appendix II to
this notice. 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 and to all parties in the Central Records Unit,
located in room B8094 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 the electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 71061 (October 14, 2016) (Initiation
Notice) as corrected in Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 81 FR 78778 (November 9, 2016)
(Correction Notice).
\2\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Light-Walled
Rectangular Pipe and Tube from Mexico; 2015-2016,'' dated
concurrently with this notice.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the scope of the order are LWRPT from
Mexico. For a complete description of the scope, see Appendix I of this
notice.
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Act. For a full description of the methodology
underlying the preliminary results, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We preliminarily determine that, for the period August 1, 2015,
through July 31, 2016, the following weighted-average dumping margin
exists: \3\
---------------------------------------------------------------------------
\3\ The Department has preliminarily determined to collapse, and
treat as a single entity, affiliates Productos Laminados de
Monterrey S.A. de C.V. and Aceros Cuatro Caminos S.A. de C.V. For
our analysis of the collapsing criteria, see Memorandum, ``Analysis
Memorandum for Productos Laminados de Monterrey S.A. de C.V. and
Aceros Cuatro Caminos S.A. de C.V. in the Preliminary Results of the
2015/2016 Administrative Review of the Antidumping Duty order on
Light-Walled Rectangular Pipe and Tube from Mexico,'' dated
concurrently with this notice.
------------------------------------------------------------------------
Weighted-
Producer/exporter average margin
(percent)
------------------------------------------------------------------------
Productos Laminados de Monterrey S.A. de C.V./Aceros 0.00
Cuatros Caminos S.A. de C.V...........................
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose to parties to the proceeding any
calculations performed in connection with these preliminary results of
review within five days after the date of publication of this
notice.\4\ Interested parties may submit case briefs not later than 30
days after the date of publication of this notice in the Federal
Register.\5\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\6\ 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.\7\ Case and rebuttal briefs should be filed using
ACCESS.\8\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.224(b).
\5\ See 19 CFR 351.309(c)(1)(ii).
\6\ See 19 CFR 351.309(d)(1).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
\8\ See 19 CFR 351.303.
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance within 30 days of the date of publication of this notice.\9\
Requests should contain: (1) The party's name, address and telephone
number; (2) the number of participants; and (3) a list of issues
parties intend to discuss. Issues raised in the hearing will be limited
to those raised in the respective case and rebuttal briefs. If a
request for a hearing is made, the Department intends to hold the
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230, at a date and time to be determined.\10\
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.310(c).
\10\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Unless extended, the Department intends to issue the final results
of this administrative review, which will include the results of our
analysis of all issues raised in the case briefs, within 120 days of
publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\11\ If a
respondent's weighted-average dumping margin is not zero or de minimis
in the final results of this review and the respondent reported
reliable entered values, we will calculate importer-specific ad valorem
assessment rates for the merchandise based on the ratio of the total
amount of dumping calculated for the examined sales made during the
period of review to each importer to the total entered value of those
same sales in accordance with 19 CFR 351.212(b)(1). If the respondent
has not reported reliable entered values, we will calculate a per-unit
assessment rate for each importer by dividing the total amount of
dumping for the examined sales made during the period of review to that
importer by the total sales quantity associated with those
transactions. Where an importer-specific ad valorem assessment rate is
zero or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties in accordance with 19 CFR
351.106(c)(2). If the respondent's weighted-average dumping margin 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.'' \12\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.212(b)(1).
\12\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
---------------------------------------------------------------------------
Regarding entries of subject merchandise during the period of
review that were produced by Prolamsa and for which they did not know
that the merchandise was destined for the United States, we will
instruct CBP to liquidate un-reviewed entries at the all-others rate of
3.76 percent, as established in the less-than-fair-value investigation
of the order, if there is no rate for the intermediate company(ies)
involved in the transaction.\13\ For a full
[[Page 42078]]
discussion of this matter, see Assessment Policy Notice.\14\
---------------------------------------------------------------------------
\13\ 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, (August 5, 2008) (Order).
\14\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
---------------------------------------------------------------------------
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Prolamsa will be
equal to the weighted-average dumping margin established in the final
results of this administrative review; (2) for previously reviewed or
investigated companies not listed above, the cash deposit rate will
continue to be the company-specific rate published for the most
recently completed segment of this proceeding in which they were
reviewed; (3) if the exporter is not a firm covered in this review, a
prior review, or in the investigation but the producer is, the cash
deposit rate will be the rate established for the most recently
completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be the all-others rate of 3.76 percent.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a 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.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 30, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I
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 term carbon-quality steel includes both carbon steel and
alloy steel which contains only small amounts of alloying elements.
Specifically, the term carbon-quality includes products in which
none of the elements listed below exceeds the quantity by weight
respectively indicated; 1.80 percent of manganese, or 2.25 percent
of silicon, or 1.00 percent of copper, or 0.50 percent of aluminum,
or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40
percent of lead, or 1.25 percent of nickel, or 0.30 percent of
tungsten, or 0.10 percent of molybdenum, or 0.10 percent of niobium,
or 0.15 percent of vanadium, or 0.15 percent of zirconium.
The description of carbon-quality is intended to identify
carbon-quality products within the scope. 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. This tariff
classification is provided for convenience and Customs purposes;
however, the written description of the scope of the order is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
1. Background
2. Scope of the Order
3. Affiliation and Collapsing of Affiliates
4. Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
5. Product Comparisons
6. Date of Sale
7. Export Price/Constructed Export Price
8. Normal Value
A. Home Market Viability as Comparison Market
B. Level of Trade
C. Sales to Affiliates
D. Cost of Production
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the Cost of Production Test
E. Calculation of Normal Value Based on Comparison Market Prices
F. Price-to-Constructed Value Comparison
9. Currency Conversion
10. Recommendation
[FR Doc. 2017-18825 Filed 9-5-17; 8:45 am]
BILLING CODE 3510-DS-P