Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017, 50888-50891 [2018-21985]
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50888
Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices
We intend to issue 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 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entered, or withdrawn from warehouse,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 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 respondents
noted above will be the rates 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 the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original 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
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be 3.91
percent, the all-others rate established
in the investigation as modified by the
section 129 determination.12 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Disclosure
We intend to disclose the calculations
performed in these preliminary results
to parties in this proceeding within five
days of the date of publication of this
notice.13
amozie on DSK3GDR082PROD with NOTICES1
Public Comment
Pursuant to 19 CFR 351.309(c)(ii),
interested parties may submit case briefs
not later than 30 days after the 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.14 Parties who submit case briefs
or rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
12 See Implementation of the Findings of the WTO
Panel in US—Zeroing (EC): Notice of
Determinations Under Section 129 of the Uruguay
Round Agreements Act and Revocations and Partial
Revocations of Certain Antidumping Duty Orders,
72 FR 25261 (May 4, 2007).
13 See 19 CFR 351.224(b).
14 See 19 CFR 351.309(d).
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(2) a brief summary of the argument;
and (3) a table of authorities.15 All briefs
must be filed electronically using
ACCESS. An electronically filed
document must be received successfully
in its entirety by the established
deadline.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, within 30 days after the
date of publication of this notice.
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. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
We intend to issue the final results of
this administrative review, including
the results of our analysis of the issues
raised in any written briefs, not later
than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Dated: October 3, 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 Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Discussion of Methodology
A. Comparisons to Normal Value
1. Determination of Comparison Method
2. Results of the Differential Pricing
Analysis
B. Product Comparisons
C. Date of Sale
D. Export Price
E. Normal Value
1. Home Market Viability
2. Cost of Production Analysis
a. Calculation of COP
b. Test of Comparison Market Prices and
COP
c. Results of COP Test
F. Level of Trade
G. Calculation of Normal Value Based on
Comparison Market Prices
H. Margin for Companies Not Selected for
Individual Examination
I. Currency Conversions
VI. Recommendation
[FR Doc. 2018–21850 Filed 10–9–18; 8:45 am]
BILLING CODE 3510–DS–P
Notification to Importers
This notice 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 and/or
countervailing duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and increase the
subsequent assessment of the
antidumping duties.
Notification to Interested Parties
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).
15 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR
351.303 (for general filing requirements).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–847]
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From
Mexico: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that sales of heavy walled rectangular
welded carbon steel pipes and tubes
(HWR pipes and tubes) from Mexico
have been made below normal value.
Additionally, Commerce preliminarily
determines that a company for which
we initiated a review had no shipments
during the period of review (POR). We
invite interested parties to comment on
these preliminary results.
DATES: Applicable October 10, 2018.
FOR FURTHER INFORMATION CONTACT:
Blaine Wiltse or David Crespo, AD/CVD
AGENCY:
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Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6345 or (202) 482–3693,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on HWR pipes
and tubes from Mexico. The notice of
initiation of this administrative review
was published on November 13, 2017.1
This review covers 11 producers and/or
exporters of the subject merchandise.
Commerce selected two mandatory
respondents for individual examination:
Maquilacero S.A. de C.V. (Maquilacero)
and Productos Laminados d Monterrey
S.A. de C.V. (Prolamsa). The POR is
March 1, 2016, through August 31,
2017.
In May 2018, Commerce extended the
preliminary results of this review to no
later than October 3, 2018.2
amozie on DSK3GDR082PROD with NOTICES1
Scope of the Order
The merchandise subject to the order
is certain heavy walled rectangular
welded steel pipes and tubes of
rectangular (including square) cross
section, having a nominal wall
thickness of not less than 4 mm.3 The
merchandise includes, but is not limited
to, the American Society for Testing and
Materials (ASTM) A–500, grade B
specifications, or comparable domestic
or foreign specifications. Included
products are those in which: (1) Iron
predominates, by weight, over each of
the other contained elements; (2) the
carbon content is 2 percent or less, by
weight; and (3) none of the elements
below exceeds the quantity, by weight,
respectively indicated:
• 2.50 percent of manganese, or
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
52268 (November 13, 2017).
2 See Memorandum, ‘‘Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from Mexico:
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,’’ dated
May 10, 2018. In this memorandum, we noted that
Commerce exercised its discretion to toll all
deadlines affected by the closure of the Federal
Government from January 20 through January 22,
2018. See Memorandum, ‘‘Deadlines Affected by
the Shutdown of the Federal Government,’’ dated
January 23, 2018. As a result, the revised deadline
for the preliminary results became October 3, 2018.
3 For a complete description of the scope of the
Order, see Memorandum, ‘‘Decision Memorandum
for the Preliminary Results of the 2016–2017
Administrative Review of the Antidumping Duty
Order on Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from Mexico,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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• 3.30 percent of silicon, or
• 1.50 percent of copper, or
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 2.0 percent of nickel, or
• 0.30 percent of tungsten, or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium (also called
columbium), or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium.
The product is currently classified
under the Harmonized Tariff Schedule
of the United States (HTSUS) item
number 7306.61.1000. Subject
merchandise may also be classified
under 7306.61.3000. Although the
HTSUS numbers and ASTM
specification are provided for
convenience and for customs purposes,
the written product description remains
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 and
constructed export price are calculated
in accordance with section 772 of the
Act. Normal value 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. 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 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. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
Appendix to this notice.
Preliminary Determination of No
Shipments
One of the companies under review,
Tuberia Nacional S.A. de C.V. (TUNA),
properly filed a statement reporting that
it made no shipments of subject
merchandise to the United States during
the POR. Based on the certification
submitted by TUNA and our analysis of
U.S. Customs and Border Protection
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(CBP) information, we preliminarily
determine that TUNA had no shipments
during the POR.4 Commerce finds that
it is not appropriate to preliminarily
rescind the review with respect to this
company, but rather, to complete the
review with respect to it and issue
appropriate instructions to CBP based
on the final results of this review.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine that weightedaverage dumping margins exist for the
respondents for the period March 1,
2016, through August 31, 2017, as
follows:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Maquilacero S.A. de C.V ......
Productos Laminados d
Monterrey S.A. de C.V ......
0.00
6.34
Review-Specific Average Rate
Applicable to the Following
Companies: 5
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Arco Metal S.A. de C.V ........
Forza Steel S.A. de C.V .......
Industrias Monterrey, S.A. de
C.V ....................................
Perfiles y Herrajes LM S.A.
de C.V ...............................
PYTCO S.A. de C.V .............
Regiomontana de Perfiles y
Tubos S.A. de C.V ............
Ternium S.A. de C.V ............
Tuberia Nacional S.A. de
C.V ....................................
Tuberia Procarsa S.A. de
C.V ....................................
6.34
6.34
6.34
6.34
6.34
6.34
6.34
*
6.34
* No shipments or sales subject to this
review.
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.6
4 See TUNA’s Letter re: Heavy Walled
Rectangular Welded Carbon Pipes and Tubes from
Mexico: Notice of No Sales, dated November 15,
2017. See also Memorandum, ‘‘Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
from Mexico,’’ dated September 27, 2018.
5 This rate is based on the rates for the
respondents that were selected for individual
review, excluding rates that are zero, de minimis or
based entirely on facts available. See section
735(c)(5)(A) of the Act.
6 See 19 CFR 351.224(b).
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Interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.7
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than five days after the time limit for
filing case briefs.8 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.9
Case and rebuttal briefs should be filed
using ACCESS.10
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 ACCESS by 5 p.m.
Eastern Time within 30 days after the
date of publication of this notice.11
Hearing 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 issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.12
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis
raised in any written briefs, not later
than 120 days after the publication date
of this notice, pursuant to section
751(a)(3)(A) of the Act, unless otherwise
extended.13
amozie on DSK3GDR082PROD with NOTICES1
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries.
Pursuant to 19 CFR 351.212(b)(1),
where Maquilacero and Prolamsa
reported the entered value for their U.S.
sales, we calculated importer-specific
ad valorem duty assessment rates based
on the ratio of the total amount of
dumping calculated for the examined
sales to the total entered value of the
sales for which entered value was
reported. Where the respondents did not
7 See
19 CFR 351.309(c).
19 CFR 351.309(d).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 See 19 CFR 351.303.
11 See 19 CFR 351.310(c).
12 See 19 CFR 351.310(d).
13 See Section 751(a)(3)(A) of the Act.
8 See
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report entered value, we calculated the
entered value in order to calculate the
assessment rate. Where either the
respondent’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an
importer-specific rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
We intend to instruct CBP to take into
account the ‘‘provisional measures
deposit cap,’’ in accordance with 19
CFR 351.212(d).
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
average 14 of the cash deposit rates
calculated for Maquilacero and
Prolamsa, excluding any which are de
minimis or determined entirely on
adverse facts available. The final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.
Commerce’s ‘‘automatic assessment’’
practice will apply to entries of subject
merchandise during the POR produced
by companies included in these final
results of review for which the reviewed
companies did not know that the
merchandise they sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.15
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following deposit requirements
will be effective 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 the exporters listed
above will be that established in the
final results of this review, except if the
rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
14 This rate will be calculated as discussed in
footnote 4, above.
15 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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which case the cash deposit rate will be
zero; (2) for previously investigated
companies not participating in this
review, the cash deposit will continue
to be the company-specific rate
published for the most recently
completed segment; (3) if the exporter is
not a firm covered in this review, or the
original less-than-fair-value (LTFV)
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent segment
for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 4.91
percent, the all-others rate made
effective by the LTFV investigation.16
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) 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 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 351.221(b)(4).
Dated: October 3, 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 Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
a. Determination of the Comparison
Method
b. Results of the Differential Pricing
Analysis
c. Product Comparisons
d. Export Price/Constructed Export Price
e. Normal Value
i. Home Market Viability
ii. Affiliated-Party Transactions and Arm’sLength Test
16 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea,
Mexico, and the Republic of Turkey: Antidumping
Duty Orders, 81 FR 62865, 62867 (September 13,
2016).
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iii. Level of Trade
iv. Cost of Production Analysis
1. Cost Averaging Methodology
2. Calculation of COP
3. Test of Comparison Market Sales Prices
4. Results of the COP Test
v. Calculation of Normal Value Based on
Comparison Market Prices
vi. Calculation of Normal Value Based on
Constructed Value
V. Currency Conversion
VI. Recommendation
[FR Doc. 2018–21985 Filed 10–9–18; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
[C–570–953]
Narrow Woven Ribbons With Woven
Selvedge From the People’s Republic
of China: Preliminary Results of
Countervailing Duty Administrative
Review; 2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies have been
provided to producers and exporters of
narrow woven ribbons with woven
selvedge from the People’s Republic of
China (China). The period of review
(POR) is January 1, 2016, through
December 31, 2016. Interested parties
are invited to comment on these
preliminary results.
DATES: Applicable October 10, 2018.
FOR FURTHER INFORMATION CONTACT:
Terre Keaton Stefanova or Maria
Tatarska, AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1280 or
(202) 482–1562.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
amozie on DSK3GDR082PROD with NOTICES1
Commerce published the notice of
initiation of this administrative review
on November 13, 2017.1 On April 30,
2018, Commerce postponed the
preliminary results of this
administrative review and the revised
deadline is now October 3, 2018.2 For
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
52268 (November 13, 2017).
2 See Memorandum, ‘‘Narrow Woven Ribbons
with Woven Selvedge from the People’s Republic of
China: Extension of Deadline for Preliminary
Results of 2016 Countervailing Duty Administrative
Review,’’ dated April 30, 2018. In this
memorandum, we noted that Commerce exercised
21:20 Oct 09, 2018
Scope of the Order
The products covered by the order are
narrow woven ribbons with woven
selvedge from China. For a complete
description of the scope of this
administrative review, see the
Preliminary Decision Memorandum.4
Methodology
DEPARTMENT OF COMMERCE
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a complete description of the events that
followed the initiation of this
administrative review, see the
Preliminary Decision Memorandum.3
Jkt 247001
Commerce is conducting this
countervailing duty (CVD) review in
accordance with section 751(a)(1)(A) of
the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs
found countervailable, Commerce
preliminarily determines that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific.5 For a full
description of the methodology
underlying our preliminary conclusions,
including our reliance, in part, on
adverse facts available pursuant to
sections 776(a) and (b) of the Act, see
the Preliminary Decision
Memorandum.6 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 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.
its discretion to toll all deadlines affected by the
closure of the Federal Government from January 20
through January 22, 2018. See Memorandum,
‘‘Deadlines Affected by the Shutdown of the
Federal Government,’’ dated January 23, 2018. As
a result, the revised deadline for the preliminary
results became October 3, 2018.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of 2016 Countervailing
Duty Administrative Review: Narrow Woven
Ribbons with Woven Selvedge from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
4 Id.
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.
6 A list of topics discussed in the Preliminary
Decision Memorandum can be found at the
Appendix to this notice.
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Preliminary Results of the Review
As a result of this review, we
preliminarily determine that the
following estimated countervailable
subsidy rate exists:
Company
Yama Ribbons and Bows
Co., Ltd.
Subsidy rate
23.70 percent.
Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries covered by this
review. We intend to issue assessment
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the
Act, Commerce also intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amount indicated above. For all nonreviewed firms, we will instruct CBP to
collect cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
Commerce intends to disclose to
interested parties the calculations and
analysis performed in connection with
this preliminary results within five days
of publication of this notice in the
Federal Register.7 Case briefs or other
written comments may be submitted to
the Assistant Secretary for Enforcement
and Compliance no later than 30 days
after publication of the preliminary
results.8 Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline for filing case briefs.9
Parties who submit case briefs or
rebuttal briefs in this administrative
review 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.10
Interested parties who wish to request
a hearing, limited to issues raised in the
case and rebuttal briefs, must do so
within 30 days of publication of these
preliminary results by submitting a
7 See
19 CFR 351.224(b).
19 CFR 351.309(c)(l)(ii).
9 See 19 CFR 351.309(d).
10 See 19 CFR 351.309(c)(2) and (d)(2).
8 See
E:\FR\FM\10OCN1.SGM
10OCN1
Agencies
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Notices]
[Pages 50888-50891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21985]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-847]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
Mexico: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of heavy walled rectangular welded carbon steel pipes and
tubes (HWR pipes and tubes) from Mexico have been made below normal
value. Additionally, Commerce preliminarily determines that a company
for which we initiated a review had no shipments during the period of
review (POR). We invite interested parties to comment on these
preliminary results.
DATES: Applicable October 10, 2018.
FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or David Crespo, AD/CVD
[[Page 50889]]
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6345 or (202) 482-3693,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on HWR pipes and tubes from Mexico. The notice of initiation
of this administrative review was published on November 13, 2017.\1\
This review covers 11 producers and/or exporters of the subject
merchandise. Commerce selected two mandatory respondents for individual
examination: Maquilacero S.A. de C.V. (Maquilacero) and Productos
Laminados d Monterrey S.A. de C.V. (Prolamsa). The POR is March 1,
2016, through August 31, 2017.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 52268 (November 13, 2017).
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In May 2018, Commerce extended the preliminary results of this
review to no later than October 3, 2018.\2\
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\2\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from Mexico: Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated May 10, 2018. In this memorandum, we noted that Commerce
exercised its discretion to toll all deadlines affected by the
closure of the Federal Government from January 20 through January
22, 2018. See Memorandum, ``Deadlines Affected by the Shutdown of
the Federal Government,'' dated January 23, 2018. As a result, the
revised deadline for the preliminary results became October 3, 2018.
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Scope of the Order
The merchandise subject to the order is certain heavy walled
rectangular welded steel pipes and tubes of rectangular (including
square) cross section, having a nominal wall thickness of not less than
4 mm.\3\ The merchandise includes, but is not limited to, the American
Society for Testing and Materials (ASTM) A-500, grade B specifications,
or comparable domestic or foreign specifications. Included products are
those in which: (1) Iron predominates, by weight, over each of the
other contained elements; (2) the carbon content is 2 percent or less,
by weight; and (3) none of the elements below exceeds the quantity, by
weight, respectively indicated:
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\3\ For a complete description of the scope of the Order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of the
2016-2017 Administrative Review of the Antidumping Duty Order on
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from
Mexico,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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2.50 percent of manganese, or
3.30 percent of silicon, or
1.50 percent of copper, or
1.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
2.0 percent of nickel, or
0.30 percent of tungsten, or
0.80 percent of molybdenum, or
0.10 percent of niobium (also called columbium), or
0.30 percent of vanadium, or
0.30 percent of zirconium.
The product is currently classified under the Harmonized Tariff
Schedule of the United States (HTSUS) item number 7306.61.1000. Subject
merchandise may also be classified under 7306.61.3000. Although the
HTSUS numbers and ASTM specification are provided for convenience and
for customs purposes, the written product description remains
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 and constructed export price are calculated in accordance
with section 772 of the Act. Normal value 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. 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 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. A list of the topics discussed in the Preliminary
Decision Memorandum is attached as an Appendix to this notice.
Preliminary Determination of No Shipments
One of the companies under review, Tuberia Nacional S.A. de C.V.
(TUNA), properly filed a statement reporting that it made no shipments
of subject merchandise to the United States during the POR. Based on
the certification submitted by TUNA and our analysis of U.S. Customs
and Border Protection (CBP) information, we preliminarily determine
that TUNA had no shipments during the POR.\4\ Commerce finds that it is
not appropriate to preliminarily rescind the review with respect to
this company, but rather, to complete the review with respect to it and
issue appropriate instructions to CBP based on the final results of
this review.
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\4\ See TUNA's Letter re: Heavy Walled Rectangular Welded Carbon
Pipes and Tubes from Mexico: Notice of No Sales, dated November 15,
2017. See also Memorandum, ``Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from Mexico,'' dated September 27, 2018.
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Preliminary Results of the Review
As a result of this review, we preliminarily determine that
weighted-average dumping margins exist for the respondents for the
period March 1, 2016, through August 31, 2017, as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V................................. 0.00
Productos Laminados d Monterrey S.A. de C.V............. 6.34
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Review-Specific Average Rate Applicable to the Following Companies:
\5\
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\5\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis or based entirely on facts available. See section
735(c)(5)(A) of the Act.
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Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Arco Metal S.A. de C.V.................................. 6.34
Forza Steel S.A. de C.V................................. 6.34
Industrias Monterrey, S.A. de C.V....................... 6.34
Perfiles y Herrajes LM S.A. de C.V...................... 6.34
PYTCO S.A. de C.V....................................... 6.34
Regiomontana de Perfiles y Tubos S.A. de C.V............ 6.34
Ternium S.A. de C.V..................................... 6.34
Tuberia Nacional S.A. de C.V............................ *
Tuberia Procarsa S.A. de C.V............................ 6.34
------------------------------------------------------------------------
* No shipments or sales subject to this review.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\6\
[[Page 50890]]
Interested parties may submit case briefs to Commerce no later than 30
days after the date of publication of this notice.\7\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
five days after the time limit for filing case briefs.\8\ 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.\9\ Case and
rebuttal briefs should be filed using ACCESS.\10\
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\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(c).
\8\ See 19 CFR 351.309(d).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ 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 ACCESS by 5 p.m. Eastern Time within 30 days after
the date of publication of this notice.\11\ Hearing 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 issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing to be held at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.\12\
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\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis raised in any written
briefs, not later than 120 days after the publication date of this
notice, pursuant to section 751(a)(3)(A) of the Act, unless otherwise
extended.\13\
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\13\ See Section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries.
Pursuant to 19 CFR 351.212(b)(1), where Maquilacero and Prolamsa
reported the entered value for their U.S. sales, we calculated
importer-specific ad valorem duty assessment rates based on the ratio
of the total amount of dumping calculated for the examined sales to the
total entered value of the sales for which entered value was reported.
Where the respondents did not report entered value, we calculated the
entered value in order to calculate the assessment rate. Where either
the respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. We intend to
instruct CBP to take into account the ``provisional measures deposit
cap,'' in accordance with 19 CFR 351.212(d).
For the companies which were not selected for individual review, we
will assign an assessment rate based on the average \14\ of the cash
deposit rates calculated for Maquilacero and Prolamsa, excluding any
which are de minimis or determined entirely on adverse facts available.
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.
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\14\ This rate will be calculated as discussed in footnote 4,
above.
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed companies did not
know that the merchandise they sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\15\
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\15\ 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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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective 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 the exporters
listed above will be that established in the final results of this
review, except if the rate is less than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for previously investigated
companies not participating in this review, the cash deposit will
continue to be the company-specific rate published for the most
recently completed segment; (3) if the exporter is not a firm covered
in this review, or the original less-than-fair-value (LTFV)
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent segment for the manufacturer
of the merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 4.91 percent, the all-
others rate made effective by the LTFV investigation.\16\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\16\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea, Mexico, and the Republic of
Turkey: Antidumping Duty Orders, 81 FR 62865, 62867 (September 13,
2016).
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 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 351.221(b)(4).
Dated: October 3, 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
a. Determination of the Comparison Method
b. Results of the Differential Pricing Analysis
c. Product Comparisons
d. Export Price/Constructed Export Price
e. Normal Value
i. Home Market Viability
ii. Affiliated-Party Transactions and Arm's-Length Test
[[Page 50891]]
iii. Level of Trade
iv. Cost of Production Analysis
1. Cost Averaging Methodology
2. Calculation of COP
3. Test of Comparison Market Sales Prices
4. Results of the COP Test
v. Calculation of Normal Value Based on Comparison Market Prices
vi. Calculation of Normal Value Based on Constructed Value
V. Currency Conversion
VI. Recommendation
[FR Doc. 2018-21985 Filed 10-9-18; 8:45 am]
BILLING CODE 3510-DS-P