Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 45211-45213 [2018-19337]
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Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Irette Patterson,
Program Analyst.
[FR Doc. 2018–19271 Filed 9–5–18; 8:45 am]
BILLING CODE 3510–WH–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–836]
Light-Walled Rectangular Pipe and
Tube From Mexico: Preliminary
Results of Antidumping Duty
Administrative Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Maquilacero S.A. de C.V.
(Maquilacero) and Regiomontana de
Perfiles y Tubos S.A. de C.V.
(Regiopytsa) made sales of subject
merchandise at less than normal value
during the period of review (POR)
August 1, 2016, through July 31, 2017.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 6, 2018.
FOR FURTHER INFORMATION CONTACT:
Madeline Heeren or Kent Boydston, 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 or (202) 482–5649,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
daltland on DSKBBV9HB2PROD with NOTICES
Background
On October 16, 2017, we published
the notice of initiation for this
administrative review.1 For a complete
description of the events that followed
the initiation of the review, see the
Preliminary Decision Memorandum.2
Commerce exercised its discretion to
toll deadlines for the duration of the
closure of the Federal Government from
January 20 through 22, 2018,3 moving
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
48051 (October 16, 2017) (Initiation Notice).
2 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Light-Walled Rectangular
Pipe and Tube from Mexico; 2016–2017’’, dated
concurrently with this notice.
3 If the new deadline falls on a non-business day,
in accordance with Commerce’s practice, the
deadline will become the next business day.
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the deadline for the preliminary results
to May 6, 2018.4 On April 5, 2018, we
extended the time limit for completion
of the preliminary results of the review
to no later than August 31, 2018.5 A list
of topics included in the Preliminary
Decision Memorandum is included in
the Appendix 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 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 weldedcarbon quality rectangular pipe and tube
4 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government’’ (Tolling Memorandum),
dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by
3 days. The new deadline falls on Sunday, May 6,
2018. The next business day is Monday, May 7,
2018.
5 See Memorandum, ‘‘Light-Walled Rectangular
Pipe and Tube form Mexico: Extension of Deadline
for Preliminary Results of Antidumping Duty
Administrative Review; 2016/2017,’’ dated April 5,
2018.
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45211
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.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Export price was
calculated in accordance with section
772 of the Act. Normal value was
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
We preliminarily determine that, for
the period August 1, 2016, through July
31, 2017, the following weightedaverage dumping margins exist:
Producer/Exporter
Maquilacero S.A. de C.V. .....
Perfiles y Herrajes LM, S.A.
de C.V.6 ............................
Productos Laminados de
Monterrey S.A. de C.V. .....
Regiomontana de Perfiles y
Tubos S.A. de C.V. ...........
Weightedaverage
margin
(percent)
4.48
10.80
10.80
16.23
Disclosure and Public Comment
Wewill 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.7
Interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice in the Federal
Register.8 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.9 Parties who
submit case or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
6 See Light-Walled Rectangular Pipe and Tube
from Mexico: Initiation and Expedited Preliminary
Results of Changed Circumstances Review, 82 FR
54322 (November 17, 2017) and accompanying
Preliminary Decision Memorandum, unchanged in
Light-Walled Rectangular Pipe and Tube from
Mexico: Final Results of Changed Circumstances
Review, 83 FR 13475 (March 29, 2018) (Commerce
determined that Perfiles LM, S.A. de C.V. is the
successor-in-interest to Perfiles y Herrajes).
7 See 19 CFR 351.224(b)
8 See 19 CFR 351.309(c)(1)(ii).
9 See 19 CFR 351.309(d)(1).
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Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices
daltland on DSKBBV9HB2PROD with NOTICES
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.10 Case and rebuttal briefs
should be filed using ACCESS.11
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.12 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, we intend 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.13 Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case and rebuttal 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,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.14 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,
10 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.303.
12 See 19 CFR 351.310(c)
13 See 19 CFR 351.310(d).
14 See 19 CFR 351.212(b)(1).
11 See
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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.’’ 15
Regarding entries of subject
merchandise during the period of
review that were produced by
Maquilacero and Regiopytsa 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.16 For a full
discussion of this matter, see
Assessment Policy Notice.17
For the firms covered by this review,
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 Maquilacero and
Regiopytsa and other companies listed
above will be equal to the weightedaverage 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
15 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).
16 See Certain Steel Nails from the Republic of
Korea, Malaysia, the Sultanate of Oman, Taiwan,
and the Socialist Republic of Vietnam:
Antidumping Duty Orders, 80 FR 39994 (July 13,
2015).
17 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
PO 00000
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Sfmt 4703
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 and 19
CFR 351.221(b)(4).
Dated: August 29, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Companies Not Selected for Individual
Examination
5. Discussion of the Methodology
6. Date of Sale
7. Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
8. Product Comparisons
9. Export Price
10. 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
11. Currency Conversion
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Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices
12. Recommendation
[FR Doc. 2018–19337 Filed 9–5–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–069]
Less-Than-Fair-Value Investigation of
Rubber Bands From the People’s
Republic of China: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value and Preliminary
Affirmative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that rubber bands from the People’s
Republic of China (China) are being or
are likely to be sold in the United States
at less than fair value (LTFV). The
period of investigation (POI) is July 1,
2017, through December 31, 2017.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
Applicable September 6, 2018.
Paul
Stolz or Stephanie Berger, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4474 or (202) 482–2483,
respectively.
DATES:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
daltland on DSKBBV9HB2PROD with NOTICES
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). We published the notice of
initiation of this investigation on
February 27, 2018.1 On June 26, 2018,
we postponed the preliminary
determination of this investigation. The
revised deadline is now August 29,
2018.2 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
1 See Rubber Bands from the People’s Republic of
China, Sri Lanka, and Thailand: Initiation of LessThan-Fair-Value Investigations, 83 FR 8424, 8425
(February 27, 2018) (Initiation Notice).
2 See Rubber Bands from the People’s Republic of
China and Thailand: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value
Investigations, 83 FR 29748 (June 26, 2018).
3 See the memorandum, ‘‘Decision Memorandum
for the Preliminary Determination in the Less-Than-
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16:56 Sep 05, 2018
Jkt 244001
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, 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 the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are rubber bands 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,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties provided comments on the scope
of the investigation as it appeared in the
Initiation Notice.6 For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.7 We are
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the revised scope in
Appendix I to this notice.
Fair-Value Investigation of Rubber Bands from the
People’s Republic of China,’’ dated August 29, 2018
(Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See Greenbrier’s and Conair’s letter, ‘‘Rubber
Bands from, Thailand, China and Sri Lanka: Scope
Comments,’’ dated March 12, 2018; Jafferjee’s letter,
‘‘Rubber Bands from Thailand: Scope Comments,’’
dated March 12, 2018; and, the petitioner’s letter,
‘‘Petition for the Imposition of Antidumping and
Countervailing Duties on Rubber Bands from
Thailand and China—Rebuttal Scope Comments,’’
dated March 22, 2018.
7 See Memorandum, ‘‘Rubber Bands from
Thailand and the People’s Republic of China: Scope
Comments Decision Memorandum for the
Preliminary Determination,’’ dated concurrently
with this notice (Preliminary Scope Decision
Memorandum).
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45213
Methodology
We are conducting this investigation
in accordance with section 731 of the
Act. Pursuant to section 776(a) and (b)
of the Act, we have preliminarily relied
upon facts otherwise available, with
adverse inferences, for the China-wide
entity because it did not respond to our
requests for information. Specifically,
all companies to which Commerce
issued quantity and value (Q&V)
questionnaires failed to respond.8 Thus,
no companies have demonstrated their
eligibility for a separate rate and are
preliminarily found to be part of the
China-wide entity. Furthermore, we find
that the China-wide entity’s lack of
participation, including the failure of
certain parts of the China-wide entity to
submit Q&V information, constitutes
circumstances under which it is
reasonable to conclude that the Chinawide entity as a whole failed to
cooperate to the best of its ability to
comply with Commerce’s request for
information. For a full description of the
methodology underlying Commerce’s
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances
On June 11, 2018, as revised on
August 7, 2018, the petitioner timely
filed a critical circumstances allegation,
pursuant to section 733(e)(1) of the Act
and 19 CFR 351.206, alleging that
critical circumstances exist with respect
to imports of rubber bands from China.9
Based on the failure of all respondents,
and thus the China-wide entity, to
cooperate to the best of their ability to
comply with Commerce’s requests for
information, we preliminarily determine
that massive imports of rubber bands
from China existed for the China-wide
entity, based on adverse facts available,
pursuant to section 733(e)(1)(B) of the
Act. In addition, we have preliminarily
determined that there is a reasonable
basis to believe or suspect that
importers knew, or should have known,
that merchandise was being sold for less
than fair value and that those sales were
likely to cause material injury in
accordance with section 733(e)(1)(A)(ii)
of the Act.
For a full description of the
methodology and the results of
Commerce’s analysis, see the
Preliminary Decision Memorandum.
8 See the memorandum, ‘‘Antidumping Duty
Investigation of Rubber Bands from the People’s
Republic of China: Delivery of Quantity and Value
Questionnaire to Exporters/Producers,’’ dated
March 6, 2018.
9
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]]>Agencies
[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Notices]
[Pages 45211-45213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19337]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary
Results of Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Maquilacero S.A. de C.V. (Maquilacero) and Regiomontana de
Perfiles y Tubos S.A. de C.V. (Regiopytsa) made sales of subject
merchandise at less than normal value during the period of review (POR)
August 1, 2016, through July 31, 2017. Interested parties are invited
to comment on these preliminary results.
DATES: Applicable September 6, 2018.
FOR FURTHER INFORMATION CONTACT: Madeline Heeren or Kent Boydston, 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 or (202)
482-5649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 16, 2017, we published the notice of initiation for this
administrative review.\1\ For a complete description of the events that
followed the initiation of the review, see the Preliminary Decision
Memorandum.\2\ Commerce exercised its discretion to toll deadlines for
the duration of the closure of the Federal Government from January 20
through 22, 2018,\3\ moving the deadline for the preliminary results to
May 6, 2018.\4\ On April 5, 2018, we extended the time limit for
completion of the preliminary results of the review to no later than
August 31, 2018.\5\ A list of topics included in the Preliminary
Decision Memorandum is included in the Appendix to this notice.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 48051 (October 16, 2017) (Initiation
Notice).
\2\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Light-Walled
Rectangular Pipe and Tube from Mexico; 2016-2017'', dated
concurrently with this notice.
\3\ If the new deadline falls on a non-business day, in
accordance with Commerce's practice, the deadline will become the
next business day.
\4\ See Memorandum for The Record from Christian Marsh, Deputy
Assistant Secretary for Enforcement and Compliance, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government'' (Tolling Memorandum), dated January 23,
2018. All deadlines in this segment of the proceeding have been
extended by 3 days. The new deadline falls on Sunday, May 6, 2018.
The next business day is Monday, May 7, 2018.
\5\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube
form Mexico: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review; 2016/2017,'' dated April 5,
2018.
---------------------------------------------------------------------------
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 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.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price was calculated in accordance with section 772 of the Act.
Normal value was calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our conclusions,
see the Preliminary Decision Memorandum.
Preliminary Results of Review
We preliminarily determine that, for the period August 1, 2016,
through July 31, 2017, the following weighted-average dumping margins
exist:
------------------------------------------------------------------------
Weighted-
Producer/Exporter average margin
(percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V................................. 4.48
Perfiles y Herrajes LM, S.A. de C.V.\6\................. 10.80
Productos Laminados de Monterrey S.A. de C.V............ 10.80
Regiomontana de Perfiles y Tubos S.A. de C.V............ 16.23
------------------------------------------------------------------------
Disclosure and Public Comment
We 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.\7\ Interested
parties may submit case briefs not later than 30 days after the date of
publication of this notice in the Federal Register.\8\ 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.\9\ Parties who
submit case or rebuttal briefs in this proceeding are encouraged to
submit with each argument: (1) A statement of
[[Page 45212]]
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\10\ Case and rebuttal briefs should be filed using
ACCESS.\11\
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\6\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Initiation and Expedited Preliminary Results of Changed
Circumstances Review, 82 FR 54322 (November 17, 2017) and
accompanying Preliminary Decision Memorandum, unchanged in Light-
Walled Rectangular Pipe and Tube from Mexico: Final Results of
Changed Circumstances Review, 83 FR 13475 (March 29, 2018) (Commerce
determined that Perfiles LM, S.A. de C.V. is the successor-in-
interest to Perfiles y Herrajes).
\7\ See 19 CFR 351.224(b)
\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d)(1).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See 19 CFR 351.303.
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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.\12\ 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, we intend 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.\13\ Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date.
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\12\ See 19 CFR 351.310(c)
\13\ See 19 CFR 351.310(d).
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Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case and rebuttal 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, Commerce will determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\14\ 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.'' \15\
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\14\ See 19 CFR 351.212(b)(1).
\15\ 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).
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Regarding entries of subject merchandise during the period of
review that were produced by Maquilacero and Regiopytsa 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.\16\ For a full
discussion of this matter, see Assessment Policy Notice.\17\
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\16\ See Certain Steel Nails from the Republic of Korea,
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015).
\17\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
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For the firms covered by this review, 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 Maquilacero and
Regiopytsa and other companies listed above 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 and 19 CFR 351.221(b)(4).
Dated: August 29, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Companies Not Selected for Individual Examination
5. Discussion of the Methodology
6. Date of Sale
7. Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
8. Product Comparisons
9. Export Price
10. 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
11. Currency Conversion
[[Page 45213]]
12. Recommendation
[FR Doc. 2018-19337 Filed 9-5-18; 8:45 am]
BILLING CODE 3510-DS-P
