Certain Circular Welded Non-Alloy Steel Pipe From Mexico; Preliminary Results of Review, Preliminary Determination of No Shipments, and Partial Rescission of Antidumping Duty Administrative Review; 2015-2016, 57579-57581 [2017-26300]
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Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices
(Tuberia).3 On July 10, 2017, and
November 6, 2017, the Department
extended the deadline for the
preliminary results.4 The revised
deadline for the preliminary results of
this review is now November 30, 2017.
For a full description of events in this
proceeding, see the Preliminary
Decision Memorandum.5
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–805]
Certain Circular Welded Non-Alloy
Steel Pipe From Mexico; Preliminary
Results of Review, Preliminary
Determination of No Shipments, and
Partial Rescission 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 certain
circular welded non-alloy steel pipe
from Mexico. The period of review
(POR) is November 1, 2015, through
October 31, 2016. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable December 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Mark Flessner, 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) 482–6312.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
daltland on DSKBBV9HB2PROD with NOTICES
On January 13, 2017, the Department
published a notice of initiation of an
administrative review of the
antidumping duty order 1 on certain
circular welded non-alloy steel pipe
from Mexico.2 The Initiation Notice
covered the following producers/
exporters of the subject merchandise: (1)
Abastecedora y Perfiles y Tubos, S.A. de
C.V. (Abastecedora); (2) Conduit, S.A.
de C.V. (Conduit); (3) Lamina y Placa
Comercial, S.A. de C.V. (Lamina y
Placa); (4) Regiomontana de Perfiles y
Tubos S.A. de C.V. (Regiopytsa); (5)
Maquilacero S.A. de C.V. (Maquilacero);
(6) Mueller Comercial de Mexico, S. de
R.L. de C.V. (Mueller); (7) Productos
Laminados de Monterrey S.A. de C.V.
(Prolamsa); (8) Pytco, S.A. de C.V.
(Pytco); (9) Ternium Mexico, S.A. de
C.V. (Ternium); (10) Villacero; and (11)
Tuberia Nacional, S.A. de C.V.
1 See Notice of Antidumping Duty Orders: Certain
Circular Welded Non-Alloy Steel Pipe from Brazil,
the Republic of Korea (Korea), Mexico, and
Venezuela and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Welded
Non-Alloy Steel Pipe from Korea, 57 FR 49453
(November 2, 1992) (the Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
4294 (January 13, 2017) (Initiation Notice).
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Scope of the Order
The products covered by the order are
circular welded non-alloy steel pipes
and tubes. The merchandise covered by
the order and subject to this review is
currently classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) at subheadings: 7306.30.1000,
7306.30.5025, 7306.30.5032,
7306.30.5040, 7306.30.5055,
7306.30.5085, and 7306.30.5090.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, our written description of the
scope of this proceeding is dispositive.
A full description of the scope of the
order is contained in the Preliminary
Decision Memorandum, which is hereby
adopted by this notice and incorporated
herein by reference. 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 available to all
parties in the Central Records Unit,
Room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn. The signed
Preliminary Decision Memorandum and
electronic versions of the Preliminary
Decision Memorandum are identical in
content.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if a party that requested the review
withdraws the request within 90 days of
3 Id.
4 See Memorandum, ‘‘Certain Circular Welded
Non-Alloy Steel Pipe from Mexico: Extension of
Time Limit for Preliminary Results of Antidumping
Duty Administrative Review,’’ dated July 10, 2017,
and Memorandum, ‘‘Certain Circular Welded NonAlloy Steel Pipe from Mexico: Extension of Time
Limit for Preliminary Results of Antidumping Duty
Administrative Review,’’ dated November 6, 2017.
5 See Memorandum ‘‘Certain Circular Welded
Non-Alloy Steel Pipe from Mexico: Preliminary
Decision Memorandum’’ (Preliminary Decision
Memorandum).
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57579
the date of publication of notice of
initiation of the requested review. On
January 13, 2017, in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act), the Department
initiated a review of the companies in
this proceeding for which timely
requests for review were received.6 On
April 13, 2017, the petitioner timely
withdrew its request for a review of
Mueller.7 Because all requests for
review of Mueller were timely
withdrawn, we are rescinding this
administrative review with respect to
Mueller pursuant to 19 CFR
351.213(d)(1).8
On April 12, 2017, Maquilacero
withdrew its request for an
administrative review of itself; 9
however, the petitioner also requested a
review of Maquilacero which was not
withdrawn; therefore, we are not
rescinding this review with respect to
Maquilacero.
Preliminary Determination of No
Shipments
Lamina y Placa, Pytco, Regiopytsa,
Villacero, and Tuberia reported that
they made no sales of subject
merchandise during the POR.10 On
April 28, 2017, we issued a no-shipment
inquiry to U.S. Customs and Border
Protection (CBP) to confirm the claims
of no shipments by Lamina y Placa,
Pytco, Regiopytsa, Villacero, and
Tuberia. We received no response to our
inquiry from CBP. Therefore, based on
the claims of no shipments by Lamina
y Placa, Pytco, Regiopytsa, Villacero,
and Tuberia, and because the record
currently contains no information to the
contrary, we preliminarily determine
that Lamina y Placa, Regiopytsa, Pytco,
Villacero, and Tuberia had no
shipments of subject merchandise and,
therefore, no reviewable transactions
during the POR. Moreover, consistent
with our practice, we are not
preliminarily rescinding the review
6 See
Initiation Notice.
Letter from Petitioner, ‘‘Certain Circular
Welded Non-Alloy Steel Pipe from Mexico: Partial
Withdrawal of Request for Administrative Review,’’
dated April 13, 2017 (Petitioner Withdrawal
Request).
8 See the Preliminary Decision Memorandum at
the section entitled, ‘‘Partial Rescission.’’
9 See Letter from Maquilacero, ‘‘Certain Circular
Welded Non-Alloy Steel Pipe and Tube from
Mexico; Withdrawal of Request for Review for
Maquilacero S.A. de C.V.,’’ dated April 12, 2017
(Maquilacero Withdrawal Request).
10 See Letter from Lamina y Placa, ‘‘Certain
Circular Welded Non-Alloy Steel Pipe from Mexico:
Notice of No Sales,’’ dated January 25, 2017; Letter
from Villacero, ‘‘Circular Welded Non-Alloy Steel
Pipe and Tube from Mexico: Notice of No Sales,’’
dated February 3, 2017; Letter from Regiopytsa,
‘‘Circular Welded Non-Alloy Steel Pipe from
Mexico: No Shipment Notification,’’ dated February
13, 2017.
7 See
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Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices
with respect to Lamina y Placa, Pytco,
Regiopytsa, Villacero, and Tuberia but,
rather, we will complete the review
with respect to these companies and
issue appropriate instructions to CBP
based on the final results of this
review.11
Methodology
The Department is conducting this
review in accordance with section
751(a)(2) of the Act. Constructed export
price (CEP) is calculated in accordance
with section 772(c) of the Act. Normal
value (NV) is calculated in accordance
with section 773 of the Act. For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum. A
list of topics discussed in the
Preliminary Decision Memorandum is
included as an Appendix to this notice.
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’ In this
proceeding, we calculated a margin for
Prolamsa that was not zero, de minimis,
or based on facts available. Accordingly,
we have preliminarily applied the
margin calculated for Prolamsa to the
non-individually examined
respondents.
daltland on DSKBBV9HB2PROD with NOTICES
Assessment Rates
With respect to Muller, the
Department will direct CBP to assess
antidumping duties at the cash deposit
rate in effect on the date of entry for
entries during the period November 1,
2015, through October 31, 2016. We
intend to issue liquidation instructions
to CBP 15 days after publication of this
notice.
Consistent with the Department’s
assessment practice, if we continue to
Preliminary Results of the Review
find in the final results that Lamina y
Placa, Pytco, Regiopyta, Villacero, and
As a result of this review, we
Tuberia had no shipments of subject
preliminarily determine the following
merchandise during the POR, we will
weighted-average dumping margins for
instruct CBP to liquidate any suspended
the POR:
entries at the all-others rate if there is no
Weighted- rate for the intermediate companies
average
involved in the transaction.13
Exporter or producer
dumping
With respect to the non-selected
margin
companies that remain under review
(percent)
and for which we do not make a final
determination of no shipments, upon
Abastecedora y Perfiles y
Tubos, S.A. de C.V .................
73.70 completion of the administrative
Conduit, S.A. de C.V ..................
73.70 review, the Department shall determine,
Maquilacero, S.A. de C.V ...........
73.70 and CBP shall assess, antidumping
Productos Laminados de
duties on all appropriate entries.14 For
Monterrey, S.A. de C.V./
any individually examined respondent
Aceros Cuatro Caminos S.A.
whose weighted-average dumping
de C.V.12 .................................
73.70
margin is above de minimis (i.e., 0.50
Ternium Mexico, S.A. de C.V .....
73.70
percent), we will calculate importerspecific ad valorem duty assessment
For the rate for non-selected
rates based on the ratio of the total
respondents in an administrative
amount of dumping calculated for the
review, generally, the Department looks
importer’s examined sales to the total
to section 735(c)(5) of the Act, which
entered value of those same sales in
provides instructions for calculating the
accordance with 19 CFR 351.212(b)(1).
all-others rate in a market economy
Where either a respondent’s weightedinvestigation. Under section
average dumping margin is zero or de
735(c)(5)(A) of the Act, the all-others
minimis, or an importer-specific
rate is normally ‘‘an amount equal to the
assessment rate is zero or de minimis,
weighted- average of the estimated
we will instruct CBP to liquidate the
weighted-average dumping margins
appropriate entries without regard to
established for exporters and producers
antidumping duties. For entries of
individually investigated, excluding any subject merchandise during the POR
produced by each respondent for which
11 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping it did not know its merchandise was
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR at 51306
(August 28, 2014).
12 The Department has preliminarily treated these
companies as a single entity. See Preliminary
Decision Memorandum.
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18:07 Dec 05, 2017
Jkt 244001
13 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
14 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
PO 00000
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Fmt 4703
Sfmt 4703
destined for the United States, we will
instruct CBP to liquidate un-reviewed
entries at the all-others rate if there is no
rate for the intermediate company
involved in the transaction.15
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of certain
circular welded non-alloy steel pipe
from Mexico entered, or withdrawn
from warehouse, for consumption on or
after the date of publication as provided
by section 751(a)(2) of the Act: (1) The
cash deposit rates for Abastecedora,
Conduit, Maquilacero, Prolamsa, and
Ternium will be the weighted-average
dumping margins established in the
final results of this administrative
review except if the rates are de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rates will be zero; (2) for
merchandise exported by manufacturers
or exporters not covered in this review
but covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which the manufacturer or exporter
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original less-than-fairvalue investigation but the manufacturer
is, the cash deposit rate will be the rate
established for the most recently
completed segment of the proceeding
for the manufacturer of the
merchandise; (4) the cash deposit rate
for all other manufacturers or exporters
will continue to be 32.62 percent ad
valorem, the all-others rate established
in the original less-than-fair-value
investigation.16 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with these
preliminary results within five days of
the date of publication of this notice.17
Pursuant to 19 CFR 351.309(c),
interested parties may submit cases
briefs no later than 30 days after the
15 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
16 See Final Determination of Sales at Less Than
Fair Value: Circular Welded Non-Alloy Steel Pipe
from Mexico, 57 FR 42953 (September 17, 1992).
17 See 19 CFR 351.224(b).
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Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices
date of publication of this notice.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than five days after the date for filing
case briefs.18 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.19 Case and rebuttal briefs
should be filed using ACCESS.20
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, ACCESS, by
5:00 p.m. Eastern Time within 30 days
after the date of publication of this
notice.21 Requests should contain: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. If a request for a
hearing is made, parties will be notified
of the date and time of the hearing to be
held at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2), the
Department intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in all written case
briefs, within 120 days after the
issuance of these preliminary results.
daltland on DSKBBV9HB2PROD with NOTICES
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h)(1).
18 See
19 CFR 351.309(d).
19 CFR 351.309(c)(2) and (d)(2).
20 See 19 CFR 351.303.
21 See 19 CFR 351.310(c).
19 See
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18:07 Dec 05, 2017
Jkt 244001
Dated: November 30, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary of
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
Summary
Background
Scope of the Order
Partial Rescission of Administrative Review
Preliminary Determination of No Shipments
Non-Selected Respondents
Methodology
Use of Facts Otherwise Available
Fair Value Comparisons
Product Comparisons
Date of Sale
Level of Trade
Constructed Export Price
Normal Value
Cost of Production
Calculation of Normal Value Based on
Comparison Market Prices
Currency Conversion
Recommendation
[FR Doc. 2017–26300 Filed 12–5–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–844]
Steel Concrete Reinforcing Bar From
Mexico: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (the Department) is
conducting an administrative review of
the antidumping duty order on steel
concrete reinforcing bar (rebar) from
Mexico, covering the period November
1, 2015, through October 31, 2016. The
review covers one mandatory
respondent, Deacero S.A.P.I de C.V.
(Deacero), and 12 non-selected
companies. We preliminarily determine
that Deacero did not make sales of
subject merchandise at less than normal
value during the period of review (POR).
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable December 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
AGENCY:
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57581
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–3692.
Background
On January 13, 2017, the Department
published a notice of initiation of an
administrative review of the
antidumping order on rebar from
Mexico.1 The Department initiated this
administrative review covering 13
companies.2 On July 11, 2017, the
Department issued a memorandum
extending the time period for issuing
the preliminary results of the instant
administrative review from August 2,
2017 to October 2, 2017.3 On September
25, 2017, the Department fully extended
the deadline to November 30, 2017.4
Scope of the Order
Imports covered by the order are
shipments of steel concrete reinforcing
bar imported in either straight length or
coil form (rebar) regardless of
metallurgy, length, diameter, or grade.
The merchandise subject to review is
currently classifiable under items
7213.10.0000, 7214.20.0000, and
7228.30.8010. The subject merchandise
may also enter under other Harmonized
Tariff Schedule of the United States
(HTSUS) numbers including
7215.90.1000, 7215.90.5000,
7221.00.0017, 7221.00.0018,
7221.00.0030, 7221.00.0045,
7222.11.0001, 7222.11.0057,
7222.11.0059, 7222.30.0001,
7227.20.0080, 7227.90.6085,
7228.20.1000, and 7228.60.6000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise subject to the order is
dispositive.5
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
294 (January 13, 2017).
2 We initiated a review of the following 13
companies: Deacero S.A.P.I. de C.V.; Grupo Acerero
S.A. de C.V.; Grupo Simec Orge S.A. de C.V.;
Industrias CH; Ternium Mexico, S.A. de C.V.;
ArcelorMittal Lazaro Cardenas S.A. de C.V.; Cia
Siderurgica De California S.A. de C.V.; Siderurgica
Tultitlan S.A. de C.V.; Talleres y Aceros, S.A. de
C.V.; Grupo Villacero S.A. de C.V.; AceroMex S.A.;
ArcelorMittal Celaya, S.A. de C.V.; and
ArcelorMittal Cordoba S.A. de C.V.
3 See Memorandum, titled ‘‘Steel Concrete
Reinforcing Bar from Mexico: Extension of Deadline
for Preliminary Results of Antidumping Duty
Administrative Review, 2015–2016,’’ dated July 11,
2017.
4 See Memorandum, titled ‘‘Steel Concrete
Reinforcing Bar from Mexico: Extension of Deadline
for Preliminary Results of Antidumping Duty
Administrative Review, 2015–2016,’’ dated
September 25, 2017.
5 For a full description of the scope of the order,
see the ‘‘Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative
Review: Steel Concrete Reinforcing Bar from
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]]>Agencies
[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Notices]
[Pages 57579-57581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26300]
[[Page 57579]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-805]
Certain Circular Welded Non-Alloy Steel Pipe From Mexico;
Preliminary Results of Review, Preliminary Determination of No
Shipments, and Partial Rescission 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 certain circular
welded non-alloy steel pipe from Mexico. The period of review (POR) is
November 1, 2015, through October 31, 2016. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable December 6, 2017.
FOR FURTHER INFORMATION CONTACT: Mark Flessner, 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) 482-6312.
SUPPLEMENTARY INFORMATION:
Background
On January 13, 2017, the Department published a notice of
initiation of an administrative review of the antidumping duty order
\1\ on certain circular welded non-alloy steel pipe from Mexico.\2\ The
Initiation Notice covered the following producers/exporters of the
subject merchandise: (1) Abastecedora y Perfiles y Tubos, S.A. de C.V.
(Abastecedora); (2) Conduit, S.A. de C.V. (Conduit); (3) Lamina y Placa
Comercial, S.A. de C.V. (Lamina y Placa); (4) Regiomontana de Perfiles
y Tubos S.A. de C.V. (Regiopytsa); (5) Maquilacero S.A. de C.V.
(Maquilacero); (6) Mueller Comercial de Mexico, S. de R.L. de C.V.
(Mueller); (7) Productos Laminados de Monterrey S.A. de C.V.
(Prolamsa); (8) Pytco, S.A. de C.V. (Pytco); (9) Ternium Mexico, S.A.
de C.V. (Ternium); (10) Villacero; and (11) Tuberia Nacional, S.A. de
C.V. (Tuberia).\3\ On July 10, 2017, and November 6, 2017, the
Department extended the deadline for the preliminary results.\4\ The
revised deadline for the preliminary results of this review is now
November 30, 2017. For a full description of events in this proceeding,
see the Preliminary Decision Memorandum.\5\
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\1\ See Notice of Antidumping Duty Orders: Certain Circular
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea
(Korea), Mexico, and Venezuela and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Welded Non-Alloy Steel
Pipe from Korea, 57 FR 49453 (November 2, 1992) (the Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 4294 (January 13, 2017) (Initiation
Notice).
\3\ Id.
\4\ See Memorandum, ``Certain Circular Welded Non-Alloy Steel
Pipe from Mexico: Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review,'' dated July 10, 2017, and
Memorandum, ``Certain Circular Welded Non-Alloy Steel Pipe from
Mexico: Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review,'' dated November 6, 2017.
\5\ See Memorandum ``Certain Circular Welded Non-Alloy Steel
Pipe from Mexico: Preliminary Decision Memorandum'' (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are circular welded non-alloy
steel pipes and tubes. The merchandise covered by the order and subject
to this review is currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) at subheadings: 7306.30.1000,
7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085,
and 7306.30.5090. Although the HTSUS subheadings are provided for
convenience and customs purposes, our written description of the scope
of this proceeding is dispositive. A full description of the scope of
the order is contained in the Preliminary Decision Memorandum, which is
hereby adopted by this notice and incorporated herein by reference. 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
available to all parties in the Central Records Unit, Room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
internet at https://enforcement.trade.gov/frn. The signed Preliminary
Decision Memorandum and electronic versions of the Preliminary Decision
Memorandum are identical in content.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review, in whole or in part, if a party that requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. On January
13, 2017, in accordance with section 751(a) of the Tariff Act of 1930,
as amended (the Act), the Department initiated a review of the
companies in this proceeding for which timely requests for review were
received.\6\ On April 13, 2017, the petitioner timely withdrew its
request for a review of Mueller.\7\ Because all requests for review of
Mueller were timely withdrawn, we are rescinding this administrative
review with respect to Mueller pursuant to 19 CFR 351.213(d)(1).\8\
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\6\ See Initiation Notice.
\7\ See Letter from Petitioner, ``Certain Circular Welded Non-
Alloy Steel Pipe from Mexico: Partial Withdrawal of Request for
Administrative Review,'' dated April 13, 2017 (Petitioner Withdrawal
Request).
\8\ See the Preliminary Decision Memorandum at the section
entitled, ``Partial Rescission.''
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On April 12, 2017, Maquilacero withdrew its request for an
administrative review of itself; \9\ however, the petitioner also
requested a review of Maquilacero which was not withdrawn; therefore,
we are not rescinding this review with respect to Maquilacero.
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\9\ See Letter from Maquilacero, ``Certain Circular Welded Non-
Alloy Steel Pipe and Tube from Mexico; Withdrawal of Request for
Review for Maquilacero S.A. de C.V.,'' dated April 12, 2017
(Maquilacero Withdrawal Request).
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Preliminary Determination of No Shipments
Lamina y Placa, Pytco, Regiopytsa, Villacero, and Tuberia reported
that they made no sales of subject merchandise during the POR.\10\ On
April 28, 2017, we issued a no-shipment inquiry to U.S. Customs and
Border Protection (CBP) to confirm the claims of no shipments by Lamina
y Placa, Pytco, Regiopytsa, Villacero, and Tuberia. We received no
response to our inquiry from CBP. Therefore, based on the claims of no
shipments by Lamina y Placa, Pytco, Regiopytsa, Villacero, and Tuberia,
and because the record currently contains no information to the
contrary, we preliminarily determine that Lamina y Placa, Regiopytsa,
Pytco, Villacero, and Tuberia had no shipments of subject merchandise
and, therefore, no reviewable transactions during the POR. Moreover,
consistent with our practice, we are not preliminarily rescinding the
review
[[Page 57580]]
with respect to Lamina y Placa, Pytco, Regiopytsa, Villacero, and
Tuberia but, rather, we will complete the review with respect to these
companies and issue appropriate instructions to CBP based on the final
results of this review.\11\
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\10\ See Letter from Lamina y Placa, ``Certain Circular Welded
Non-Alloy Steel Pipe from Mexico: Notice of No Sales,'' dated
January 25, 2017; Letter from Villacero, ``Circular Welded Non-Alloy
Steel Pipe and Tube from Mexico: Notice of No Sales,'' dated
February 3, 2017; Letter from Regiopytsa, ``Circular Welded Non-
Alloy Steel Pipe from Mexico: No Shipment Notification,'' dated
February 13, 2017.
\11\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at
51306 (August 28, 2014).
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Methodology
The Department is conducting this review in accordance with section
751(a)(2) of the Act. Constructed export price (CEP) is calculated in
accordance with section 772(c) of the Act. Normal value (NV) is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. A list of topics discussed in the
Preliminary Decision Memorandum is included as an Appendix to this
notice.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margins for the POR:
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\12\ The Department has preliminarily treated these companies as
a single entity. See Preliminary Decision Memorandum.
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Abastecedora y Perfiles y Tubos, S.A. de C.V................ 73.70
Conduit, S.A. de C.V........................................ 73.70
Maquilacero, S.A. de C.V.................................... 73.70
Productos Laminados de Monterrey, S.A. de C.V./Aceros Cuatro 73.70
Caminos S.A. de C.V.\12\...................................
Ternium Mexico, S.A. de C.V................................. 73.70
------------------------------------------------------------------------
For the rate for non-selected respondents in an administrative
review, generally, the Department looks to section 735(c)(5) of the
Act, which provides instructions for calculating the all-others rate in
a market economy investigation. Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ``an amount equal to the weighted-
average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated, excluding any
zero or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .'' In this proceeding, we calculated a
margin for Prolamsa that was not zero, de minimis, or based on facts
available. Accordingly, we have preliminarily applied the margin
calculated for Prolamsa to the non-individually examined respondents.
Assessment Rates
With respect to Muller, the Department will direct CBP to assess
antidumping duties at the cash deposit rate in effect on the date of
entry for entries during the period November 1, 2015, through October
31, 2016. We intend to issue liquidation instructions to CBP 15 days
after publication of this notice.
Consistent with the Department's assessment practice, if we
continue to find in the final results that Lamina y Placa, Pytco,
Regiopyta, Villacero, and Tuberia had no shipments of subject
merchandise during the POR, we will instruct CBP to liquidate any
suspended entries at the all-others rate if there is no rate for the
intermediate companies involved in the transaction.\13\
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\13\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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With respect to the non-selected companies that remain under review
and for which we do not make a final determination of no shipments,
upon completion of the administrative review, the Department shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries.\14\ For any individually examined respondent whose weighted-
average dumping margin is above de minimis (i.e., 0.50 percent), we
will calculate importer-specific ad valorem duty assessment rates based
on the ratio of the total amount of dumping calculated for the
importer's examined sales to the total entered value of those same
sales in accordance with 19 CFR 351.212(b)(1). Where either a
respondent's weighted-average dumping margin is zero or de minimis, or
an importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties. For entries of subject merchandise during the POR
produced by each respondent for which it did not know its merchandise
was destined for the United States, we will instruct CBP to liquidate
un-reviewed entries at the all-others rate if there is no rate for the
intermediate company involved in the transaction.\15\
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\14\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
\15\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of certain circular welded non-alloy steel pipe from
Mexico entered, or withdrawn from warehouse, for consumption on or
after the date of publication as provided by section 751(a)(2) of the
Act: (1) The cash deposit rates for Abastecedora, Conduit, Maquilacero,
Prolamsa, and Ternium will be the weighted-average dumping margins
established in the final results of this administrative review except
if the rates are de minimis within the meaning of 19 CFR 351.106(c)(1),
in which case the cash deposit rates will be zero; (2) for merchandise
exported by manufacturers or exporters not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recently completed segment of this proceeding in which the manufacturer
or exporter participated; (3) if the exporter is not a firm covered in
this review, a prior review, or the original less-than-fair-value
investigation but the manufacturer is, the cash deposit rate will be
the rate established for the most recently completed segment of the
proceeding for the manufacturer of the merchandise; (4) the cash
deposit rate for all other manufacturers or exporters will continue to
be 32.62 percent ad valorem, the all-others rate established in the
original less-than-fair-value investigation.\16\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\16\ See Final Determination of Sales at Less Than Fair Value:
Circular Welded Non-Alloy Steel Pipe from Mexico, 57 FR 42953
(September 17, 1992).
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Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with these preliminary results
within five days of the date of publication of this notice.\17\
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
briefs no later than 30 days after the
[[Page 57581]]
date of publication of this notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than five days after
the date for filing case briefs.\18\ 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.\19\ Case and rebuttal briefs
should be filed using ACCESS.\20\
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\17\ See 19 CFR 351.224(b).
\18\ See 19 CFR 351.309(d).
\19\ See 19 CFR 351.309(c)(2) and (d)(2).
\20\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically filed document must be received successfully
in its entirety by the Department's electronic records system, ACCESS,
by 5:00 p.m. Eastern Time within 30 days after the date of publication
of this notice.\21\ Requests should contain: (1) The party's name,
address, and telephone number; (2) the number of participants; and (3)
a list of issues to be discussed. Issues raised in the hearing will be
limited to those raised in the respective case briefs. If a request for
a hearing is made, parties will be notified of the date and time of the
hearing to be held at the U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington, DC 20230.
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\21\ See 19 CFR 351.310(c).
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), the Department intends to issue the
final results of this administrative review, including the results of
its analysis of the issues raised in all written case briefs, within
120 days after the issuance of these preliminary results.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).
Dated: November 30, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary of Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
Summary
Background
Scope of the Order
Partial Rescission of Administrative Review
Preliminary Determination of No Shipments
Non-Selected Respondents
Methodology
Use of Facts Otherwise Available
Fair Value Comparisons
Product Comparisons
Date of Sale
Level of Trade
Constructed Export Price
Normal Value
Cost of Production
Calculation of Normal Value Based on Comparison Market Prices
Currency Conversion
Recommendation
[FR Doc. 2017-26300 Filed 12-5-17; 8:45 am]
BILLING CODE 3510-DS-P
