Certain Circular Welded Non-Alloy Steel Pipe From Mexico; Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016, 23886-23888 [2018-11031]

Download as PDF 23886 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–201–805] Certain Circular Welded Non-Alloy Steel Pipe From Mexico; Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Productos Laminados de Monterrey S.A. de C.V. (Prolamsa) and Maquilacero, S.A. de C.V. (Maquilacero), producers/exporters of certain circular welded non-alloy steel pipe from Mexico, sold subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) November 1, 2015, through October 31, 2016. DATES: Effective May 23, 2018. FOR FURTHER INFORMATION CONTACT: Mark Flessner or Erin Kearney, 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 or (202) 482–0167, respectively. AGENCY: SUPPLEMENTARY INFORMATION: daltland on DSKBBV9HB2PROD with NOTICES Background On December 6, 2017, Commerce published in the Federal Register the Preliminary Results of this administrative review.1 In accordance with 19 CFR 351.309(c)(1)(ii), Commerce invited interested parties to comment on the Preliminary Results. On March 23, 2018, Maquilacero and Prolamsa each submitted case briefs.2 On March 28, 2018, Wheatland Tube Company (the petitioner) submitted a rebuttal brief.3 Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 1 See 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, 82 FR 57579 (December 6, 2017) (Preliminary Results). 2 See Maquilacero Letter re: Certain Circular Welded Non-Alloy Steel Pipe and Tube from Mexico; Maquilacero S.A. de C.V.’s Case Brief, dated March 23, 2018 (Maquilacero’s Case Brief); see also Prolamsa letter re: Circular Welded NonAlloy Steel Pipe from Mexico: Case Brief, dated March 23, 2018 (Prolamsa’s Case Brief). 3 See Petitioner Letter re: Certain Circular Welded Non-Alloy Steel Pipe from Mexico: Wheatland Rebuttal Brief, dated March 28, 2018 (Petitioner’s Rebuttal Brief). VerDate Sep<11>2014 17:33 May 22, 2018 Jkt 244001 20 through 22, 2018.4 As a result, the revised deadline for the final results of this review was April 9, 2018. On March 8, 2018, Commerce extended the time limit for the final results, until May 18, 2018.5 These final results cover ten companies. Based on an analysis of the comments received, we have made changes to the weighted-average dumping margins determined for the respondents. The weighted-average dumping margins are listed in the ‘‘Final Results of Review’’ section, below. This administrative review was conducted in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). 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 Issues and Decision Memorandum,6 which is hereby adopted by this notice and incorporated herein by reference. The Issues and 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 B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn. The signed and electronic versions of the 4 See Memorandum, ‘‘Deadlines Affected by the Shutdown of the Federal Government,’’ dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by three days. 5 See Memorandum, ‘‘Certain Circular Welded Non-Alloy Steel Pipe from Mexico: Extension of Time Limit for Final Results of Antidumping Duty Administrative Review,’’ dated March 8, 2018. 6 See Memorandum, ‘‘Issues and Decisions Memorandum for the Final Results of the Antidumping Duty Administrative Review: Certain Circular Welded Non-Alloy Steel Pipe from Mexico; 2015–2016,’’ dated concurrently with this notice (Issues and Decision Memorandum). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 Issues and Decision Memorandum are identical in content. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this proceeding are addressed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded, is attached to this notice as an appendix. Changes Since the Preliminary Results Based on our analysis of the comments received, and for the reasons explained in the Issues and Decision Memorandum, we made certain changes to Prolamsa’s margin calculation. Additionally, we made certain changes to the assessment rates for both mandatory respondents. These changes are fully discussed in the Issues and Decision Memorandum. Application of Adverse Facts Available For these final results, we continue to find that Maquilacero withheld necessary information and significantly impeded the proceeding and, thus, failed to cooperate to the best of its ability in responding to our requests for information. Therefore, we find that the application of adverse facts available, pursuant to section 776(a)–(b) of the Act, is warranted with respect to Maquilacero. For a full description of the methodology and rationale underlying our conclusions, see Issues and Decision Memorandum. Final Determination of No Shipments Lamina y Placa Comercial, S.A. de C.V. (Lamina y Placa), Pytco, S.A. de C.V. (Pytco), Regiomontana de Perfiles y Tubos S.A. de C.V. (Regiopytsa), Tuberia Nacional, S.A. de C.V. (TUNA), and Villacero reported that they made no sales of subject merchandise during the POR.7 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 TUNA during the POR.8 We received no information from CBP that contradicted Lamina y Placa, Pytco, Regiopytsa, Villacero, and TUNA’s claims of no shipments, and we received no comments from interested 7 See Lamina y Placa Letter re: Certain Circular Welded Non-Alloy Steel Pipe from Mexico: Notice of No Sales, dated January 25, 2017 (which includes TUNA); see also Villacero Letter re: Circular Welded Non-Alloy Steel Pipe and Tube from Mexico: Notice of No Sales, dated February 3, 2017; see also Regiopytsa Letter re: Circular Welded NonAlloy Steel Pipe from Mexico: No Shipment Notification, dated February 13, 2017 (which includes Pytco). 8 See Preliminary Results. E:\FR\FM\23MYN1.SGM 23MYN1 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices daltland on DSKBBV9HB2PROD with NOTICES parties with respect to Commerce’s preliminary determination of no shipments for Lamina y Placa, Pytco, Regiopytsa, Villacero, and TUNA. Therefore, based on the claims of no shipments by Lamina y Placa, Pytco, Regiopytsa, Villacero, and TUNA, and because the record contains no information to the contrary, we continue to determine for these final results that Lamina y Placa, Pytco, Regiopytsa, Villacero, and TUNA made no shipments of subject merchandise during the POR. Rate for Non-Examined Companies The statute and Commerce’s regulations do not address the establishment of a rate to be applied to companies not selected for examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a market economy investigation, for guidance when calculating the rate for companies which were not selected for individual review in an administrative review. 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}.’’ However, section 735(c)(5)(B) of the Act provides that, where all margins are zero, de minimis, or based on total facts available, Commerce may use ‘‘any reasonable method’’ for assigning a margin to non-selected respondents. One method contemplated by section 735(c)(5)(B) of the Act is ‘‘averaging the estimated weighted average dumping margins determined for the exporters and producers individually investigated.’’ For these final results, we calculated a weighted-average dumping margin of zero percent for Prolamsa, and we determined Maquilacero’s margin entirely on the basis of facts available (i.e., 48.33 percent). Because we have no calculated rates that are not based entirely on facts available, zero, or de minimis, we have determined that a reasonable method for assigning a margin to non-selected respondents in this review is to average the weightedaverage dumping margins calculated for the two mandatory respondents. The simple average of these rates is 24.17 percent, and this is the rate we assign to Abastecedora y Perfiles y Tubos, S.A. de C.V. (Abastecedora), Conduit, S.A. de VerDate Sep<11>2014 17:33 May 22, 2018 Jkt 244001 C.V. (Conduit), and Ternium Mexico, S.A. de C.V. (Ternium).9 Final Results of Review As a result of this review, we determine the following weightedaverage dumping margins exist for the POR: Exporter or producer Weightedaverage dumping margin (percent) 23887 no shipments of the subject merchandise, any suspended entries that entered under those companies’ case numbers (i.e., at those companies’ rates) will be liquidated at the all-others rate effective during the period of review consistent with Commerce’s practice.10 We intend to issue assessment instructions directly to CBP 41 days after publication of the final results of this review. Cash Deposit Requirements The following cash deposit Maquilacero, S.A. de C.V ........... 48.33 requirements will be effective upon Productos Laminados de publication of the notice of final results Monterrey S.A. de C.V ............ 0.00 of administrative review for all Abastecedora y Perfiles y shipments of subject merchandise Tubos, S.A. de C.V ................. 24.17 Conduit, S.A. de C.V .................. 24.17 entered, or withdrawn from warehouse, Ternium Mexico, S.A. de C.V ..... 24.17 for consumption on or after the publication of the final results of this administrative review, as provided by Disclosure section 751(a)(2) of the Act: (1) The cash Commerce intends to disclose the deposit rates for the companies listed in calculations performed for these final these final results will be equal to the results of review within five days of the weighted-average dumping margins date of publication of this notice in the established in the final results of this Federal Register, in accordance with 19 administrative review; (2) for CFR 351.224(b). merchandise exported by producers or exporters not covered in this Assessment administrative review but covered in a Pursuant to section 751(a)(2)(A) of the prior segment of this proceeding, the Act, and 19 CFR 351.212(b), Commerce cash deposit rate will continue to be the has determined, and CBP shall assess, company-specific rate published for the antidumping duties on all appropriate most recently completed segment in entries of subject merchandise in which the company was reviewed; (3) if accordance with the final results of this the exporter is not a firm covered in this review. Commerce intends to issue review, a prior review, or the original assessment instructions to CBP 41 days less-than-fair-value (LTFV) after the date of publication of these investigation, but the producer is, the final results of review. cash deposit rate will be the rate Commerce shall determine and U.S. established for the most recent period Customs and Border Protection (CBP) for the producer of the merchandise; shall assess antidumping duties on all and (4) the cash deposit rate for all other appropriate entries. Because the producers or exporters will continue to weighted-average dumping margin of be 32.62 percent, the all-others rate Prolamsa is zero, we will instruct CBP established in the LTFV investigation.11 to liquidate entries covered by this These cash deposit requirements, when review period without regard to imposed, shall remain in effect until antidumping duties. Commerce will further notice. instruct CBP to apply an ad valorem assessment rate of 48.33 percent to all Notification to Importers entries of subject merchandise during This notice serves as a final reminder the POR which were produced and/or to importers of their responsibility exported by Maquilacero. Commerce under 19 CFR 351.402(f)(2) to file a will instruct CBP to apply an ad certificate regarding the reimbursement valorem assessment rate of 24.17 of antidumping duties prior to percent to all entries of subject liquidation of the relevant entries merchandise during the POR which during this review period. Failure to were produced and/or exported by comply with this requirement could Abastecedora, Conduit, or Ternium. result in Commerce’s presumption that Additionally, because Commerce reimbursement of antidumping duties determined that Lamina y Placa, Pytco, Regiopytsa, Villacero, and TUNA had 10 For a full discussion of this clarification, see 9 See, e.g., Certain Lined Paper Products from India: Final Results of Antidumping Duty Administrative Review; 2010–2011, 78 FR 22232 (April 15, 2013), and the accompanying Issues and Decision Memorandum at 12–15. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 11 See Final Determination of Sales at Less Than Fair Value: Circular Welded Non-Alloy Steel Pipe from Mexico, 57 FR 42953 (September 17, 1992). E:\FR\FM\23MYN1.SGM 23MYN1 23888 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h). Dated: May 17, 2018. 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 Decisions Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Use of Prolamsa’s Revised Databases Comment 2: Revision of POR in Prolamsa’s Margin Program Comment 3: Proper CONNUMs to Use in Prolamsa’s Margin Program Comment 4: Prolamsa’s Warehousing Expenses Comment 5: AFA Rate for Maquilacero Comment 6: Maquilacero Liquidation Instructions V. Recommendation [FR Doc. 2018–11031 Filed 5–22–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration daltland on DSKBBV9HB2PROD with NOTICES [C–570–072] Sodium Gluconate, Gluconic Acid and Derivative Products From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: VerDate Sep<11>2014 17:33 May 22, 2018 Jkt 244001 The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of sodium gluconate, gluconic acid and derivative products (GNA products) from the People’s Republic of China (China). The period of investigation is January 1, 2016, through December 31, 2016. Interested parties are invited to comment on this preliminary determination. DATES: Applicable May 23, 2018. FOR FURTHER INFORMATION CONTACT: Robert Galantucci or Jonathan Hill, AD/ CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202–482–2923 or 202–482–3518, respectively. SUPPLEMENTARY INFORMATION: SUMMARY: Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on January 4, 2018.1 Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through January 22, 2018.2 On February 7, 2018, Commerce published its postponement of the deadline for the preliminary determination of the investigation for the full 130 days permitted under section 703(c)(1)(A) of the Act and 19 CFR 351.205(b)(2) until May 2, 2018.3 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.4 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary 1 See Sodium Gluconate, Gluconic Acid, and Derivative Products From the People’s Republic of China: Initiation of Countervailing Duty Investigation, 83 FR 499 (January 4, 2018) (Initiation Notice). 2 See Memorandum, ‘‘Deadlines Affected by the Shutdown of the Federal Government,’’ dated January 23, 2018. (Tolling Memorandum). All deadlines in this segment of the proceeding have been extended by 3 days. 3 See Sodium Gluconate, Gluconic Acid and Derivative Products From the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 83 FR 5401 (February 7, 2018). 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination: Countervailing Duty Investigation of Sodium Gluconate, Gluconic Acid and Derivative Products from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping (AD) and Countervailing Duty (CVD) Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 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 electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The products covered by this investigation are sodium gluconate, gluconic acid and derivative products from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations, we set aside a period of time in our Initiation Notice for parties to raise issues regarding product coverage, and encouraged all parties to submit comments within 20 calendar days of the signature date of that notice. We received several comments concerning the scope of the AD and CVD investigations of GNA products from China. We are currently evaluating the scope comments filed by interested parties. We intend to issue our preliminary decision regarding the scope of the AD and CVD investigations in the preliminary determination of the companion AD investigation, which is due for signature on July 2, 2018. We will incorporate the scope decisions from the AD investigation into the scope of the final CVD determination after considering any relevant comments submitted in case and rebuttal briefs. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, We preliminarily determine that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that confers a benefit on the recipient, and that the subsidy is specific.5 For a full description of the methodology underlying our 5 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. E:\FR\FM\23MYN1.SGM 23MYN1

Agencies

[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23886-23888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11031]



[[Page 23886]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-805]


Certain Circular Welded Non-Alloy Steel Pipe From Mexico; Final 
Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that 
Productos Laminados de Monterrey S.A. de C.V. (Prolamsa) and 
Maquilacero, S.A. de C.V. (Maquilacero), producers/exporters of certain 
circular welded non-alloy steel pipe from Mexico, sold subject 
merchandise in the United States at prices below normal value (NV) 
during the period of review (POR) November 1, 2015, through October 31, 
2016.

DATES: Effective May 23, 2018.

FOR FURTHER INFORMATION CONTACT: Mark Flessner or Erin Kearney, 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 or (202) 482-0167, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 6, 2017, Commerce published in the Federal Register the 
Preliminary Results of this administrative review.\1\ In accordance 
with 19 CFR 351.309(c)(1)(ii), Commerce invited interested parties to 
comment on the Preliminary Results. On March 23, 2018, Maquilacero and 
Prolamsa each submitted case briefs.\2\ On March 28, 2018, Wheatland 
Tube Company (the petitioner) submitted a rebuttal brief.\3\
---------------------------------------------------------------------------

    \1\ See 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, 82 FR 57579 (December 6, 2017) 
(Preliminary Results).
    \2\ See Maquilacero Letter re: Certain Circular Welded Non-Alloy 
Steel Pipe and Tube from Mexico; Maquilacero S.A. de C.V.'s Case 
Brief, dated March 23, 2018 (Maquilacero's Case Brief); see also 
Prolamsa letter re: Circular Welded Non-Alloy Steel Pipe from 
Mexico: Case Brief, dated March 23, 2018 (Prolamsa's Case Brief).
    \3\ See Petitioner Letter re: Certain Circular Welded Non-Alloy 
Steel Pipe from Mexico: Wheatland Rebuttal Brief, dated March 28, 
2018 (Petitioner's Rebuttal Brief).
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    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through 22, 
2018.\4\ As a result, the revised deadline for the final results of 
this review was April 9, 2018. On March 8, 2018, Commerce extended the 
time limit for the final results, until May 18, 2018.\5\
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    \4\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by three days.
    \5\ See Memorandum, ``Certain Circular Welded Non-Alloy Steel 
Pipe from Mexico: Extension of Time Limit for Final Results of 
Antidumping Duty Administrative Review,'' dated March 8, 2018.
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    These final results cover ten companies. Based on an analysis of 
the comments received, we have made changes to the weighted-average 
dumping margins determined for the respondents. The weighted-average 
dumping margins are listed in the ``Final Results of Review'' section, 
below.
    This administrative review was conducted in accordance with section 
751 of the Tariff Act of 1930, as amended (the Act).

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 
Issues and Decision Memorandum,\6\ which is hereby adopted by this 
notice and incorporated herein by reference. The Issues and 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 B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
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    \6\ See Memorandum, ``Issues and Decisions Memorandum for the 
Final Results of the Antidumping Duty Administrative Review: Certain 
Circular Welded Non-Alloy Steel Pipe from Mexico; 2015-2016,'' dated 
concurrently with this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this proceeding are addressed in the Issues and Decision Memorandum. A 
list of the issues that parties raised, and to which we responded, is 
attached to this notice as an appendix.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, and for the reasons 
explained in the Issues and Decision Memorandum, we made certain 
changes to Prolamsa's margin calculation. Additionally, we made certain 
changes to the assessment rates for both mandatory respondents. These 
changes are fully discussed in the Issues and Decision Memorandum.

Application of Adverse Facts Available

    For these final results, we continue to find that Maquilacero 
withheld necessary information and significantly impeded the proceeding 
and, thus, failed to cooperate to the best of its ability in responding 
to our requests for information. Therefore, we find that the 
application of adverse facts available, pursuant to section 776(a)-(b) 
of the Act, is warranted with respect to Maquilacero. For a full 
description of the methodology and rationale underlying our 
conclusions, see Issues and Decision Memorandum.

Final Determination of No Shipments

    Lamina y Placa Comercial, S.A. de C.V. (Lamina y Placa), Pytco, 
S.A. de C.V. (Pytco), Regiomontana de Perfiles y Tubos S.A. de C.V. 
(Regiopytsa), Tuberia Nacional, S.A. de C.V. (TUNA), and Villacero 
reported that they made no sales of subject merchandise during the 
POR.\7\ 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 TUNA 
during the POR.\8\ We received no information from CBP that 
contradicted Lamina y Placa, Pytco, Regiopytsa, Villacero, and TUNA's 
claims of no shipments, and we received no comments from interested

[[Page 23887]]

parties with respect to Commerce's preliminary determination of no 
shipments for Lamina y Placa, Pytco, Regiopytsa, Villacero, and TUNA. 
Therefore, based on the claims of no shipments by Lamina y Placa, 
Pytco, Regiopytsa, Villacero, and TUNA, and because the record contains 
no information to the contrary, we continue to determine for these 
final results that Lamina y Placa, Pytco, Regiopytsa, Villacero, and 
TUNA made no shipments of subject merchandise during the POR.
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    \7\ See Lamina y Placa Letter re: Certain Circular Welded Non-
Alloy Steel Pipe from Mexico: Notice of No Sales, dated January 25, 
2017 (which includes TUNA); see also Villacero Letter re: Circular 
Welded Non-Alloy Steel Pipe and Tube from Mexico: Notice of No 
Sales, dated February 3, 2017; see also Regiopytsa Letter re: 
Circular Welded Non-Alloy Steel Pipe from Mexico: No Shipment 
Notification, dated February 13, 2017 (which includes Pytco).
    \8\ See Preliminary Results.
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Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in a market economy investigation, for 
guidance when calculating the rate for companies which were not 
selected for individual review in an administrative review. 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} .''
    However, section 735(c)(5)(B) of the Act provides that, where all 
margins are zero, de minimis, or based on total facts available, 
Commerce may use ``any reasonable method'' for assigning a margin to 
non-selected respondents. One method contemplated by section 
735(c)(5)(B) of the Act is ``averaging the estimated weighted average 
dumping margins determined for the exporters and producers individually 
investigated.'' For these final results, we calculated a weighted-
average dumping margin of zero percent for Prolamsa, and we determined 
Maquilacero's margin entirely on the basis of facts available (i.e., 
48.33 percent). Because we have no calculated rates that are not based 
entirely on facts available, zero, or de minimis, we have determined 
that a reasonable method for assigning a margin to non-selected 
respondents in this review is to average the weighted-average dumping 
margins calculated for the two mandatory respondents. The simple 
average of these rates is 24.17 percent, and this is the rate we assign 
to Abastecedora y Perfiles y Tubos, S.A. de C.V. (Abastecedora), 
Conduit, S.A. de C.V. (Conduit), and Ternium Mexico, S.A. de C.V. 
(Ternium).\9\
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    \9\ See, e.g., Certain Lined Paper Products from India: Final 
Results of Antidumping Duty Administrative Review; 2010-2011, 78 FR 
22232 (April 15, 2013), and the accompanying Issues and Decision 
Memorandum at 12-15.
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Final Results of Review

    As a result of this review, we determine the following weighted-
average dumping margins exist for the POR:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Maquilacero, S.A. de C.V....................................       48.33
Productos Laminados de Monterrey S.A. de C.V................        0.00
Abastecedora y Perfiles y Tubos, S.A. de C.V................       24.17
Conduit, S.A. de C.V........................................       24.17
Ternium Mexico, S.A. de C.V.................................       24.17
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results of review within five days of the date of publication of 
this notice in the Federal Register, in accordance with 19 CFR 
351.224(b).

Assessment

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b), 
Commerce has determined, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. Commerce intends to issue assessment 
instructions to CBP 41 days after the date of publication of these 
final results of review.
    Commerce shall determine and U.S. Customs and Border Protection 
(CBP) shall assess antidumping duties on all appropriate entries. 
Because the weighted-average dumping margin of Prolamsa is zero, we 
will instruct CBP to liquidate entries covered by this review period 
without regard to antidumping duties. Commerce will instruct CBP to 
apply an ad valorem assessment rate of 48.33 percent to all entries of 
subject merchandise during the POR which were produced and/or exported 
by Maquilacero. Commerce will instruct CBP to apply an ad valorem 
assessment rate of 24.17 percent to all entries of subject merchandise 
during the POR which were produced and/or exported by Abastecedora, 
Conduit, or Ternium. Additionally, because Commerce determined that 
Lamina y Placa, Pytco, Regiopytsa, Villacero, and TUNA had no shipments 
of the subject merchandise, any suspended entries that entered under 
those companies' case numbers (i.e., at those companies' rates) will be 
liquidated at the all-others rate effective during the period of review 
consistent with Commerce's practice.\10\ We intend to issue assessment 
instructions directly to CBP 41 days after publication of the final 
results of this review.
---------------------------------------------------------------------------

    \10\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 751(a)(2) 
of the Act: (1) The cash deposit rates for the companies listed in 
these final results 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 administrative review but covered in a prior segment of this 
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment in 
which the company was reviewed; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original less-than-fair-
value (LTFV) investigation, but the producer is, the cash deposit rate 
will be the rate established for the most recent period for the 
producer of the merchandise; and (4) the cash deposit rate for all 
other producers or exporters will continue to be 32.62 percent, the 
all-others rate established in the LTFV investigation.\11\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \11\ See Final Determination of Sales at Less Than Fair Value: 
Circular Welded Non-Alloy Steel Pipe from Mexico, 57 FR 42953 
(September 17, 1992).
---------------------------------------------------------------------------

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 Commerce's presumption that 
reimbursement of antidumping duties

[[Page 23888]]

occurred and the subsequent assessment of doubled antidumping duties.

Administrative Protective Order

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

    Dated: May 17, 2018.
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 Decisions Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Use of Prolamsa's Revised Databases
    Comment 2: Revision of POR in Prolamsa's Margin Program
    Comment 3: Proper CONNUMs to Use in Prolamsa's Margin Program
    Comment 4: Prolamsa's Warehousing Expenses
    Comment 5: AFA Rate for Maquilacero
    Comment 6: Maquilacero Liquidation Instructions
V. Recommendation

[FR Doc. 2018-11031 Filed 5-22-18; 8:45 am]
 BILLING CODE 3510-DS-P
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