Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Rescission of Antidumping Duty Administrative Review; 2016-2017, 54084-54086 [2018-23454]
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Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Notices
public presentation materials prior to
the meeting to Ms. Springer via email.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on August 24,
2018, pursuant to Section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. app. 2 § (10)(d)), that
the portion of the meeting dealing with
pre-decisional changes to the Commerce
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found in 5 U.S.C. app. 2 §§ 10(a)(1) and
10(a)(3). The remaining portions of the
meeting will be open to the public.
For more information, call Yvette
Springer at (202) 482·2813.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2018–23435 Filed 10–25–18; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–805]
Certain Circular Welded Non-Alloy
Steel Pipe From Mexico: Rescission of
Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding its
administrative review of the
antidumping duty order on certain
circular welded non-alloy steel pipe
from Mexico for the period of review
(POR) November 1, 2016, through
October 31, 2017.
DATES: Applicable October 26, 2018.
FOR FURTHER INFORMATION CONTACT:
Mark Flessner, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6312.
SUPPLEMENTARY INFORMATION:
khammond on DSK30JT082PROD with NOTICES
AGENCY:
Background
On November 1, 2017, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order 1 on certain
1 See Notice of Antidumping Duty Orders: Certain
Circular Welded Non-Alloy Steel Pipe from Brazil,
the Republic of Korea (Korea), Mexico, and
Venezuela and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Welded
Non-Alloy Steel Pipe from Korea, 57 FR 49453
(November 2, 1992) (the Order).
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circular welded non-alloy steel pipe
from Mexico for the POR.2 Commerce
received a timely request from
Wheatland Tube (the petitioner), in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.213(b), to conduct an
administrative review of this
antidumping duty order with respect to
25 companies.3 No other party
submitted a request for administrative
review.
On January 11, 2018, Commerce
published in the Federal Register a
notice of initiation with respect to 25
companies.4 Commerce stated in its
initiation of this review that it intended
to rely on U.S. Customs and Border
Protection (CBP) data to select
respondents.5 However, our review of
the CBP data, with respect to the
companies for which reviews were
requested, showed no entries of certain
circular welded non-alloy steel pipe
originating in Mexico which were
subject to antidumping (AD) duties
during the POR.6
Between January 17, 2018, and
February 12, 2018, Tubacero S. de R.L.
de C.V. (‘‘Tubacero’’); Lamina y Placa
Comercial, S.A. de C.V. (‘‘LYPCSA’’)
and its affiliate Tuberia Nacional, S.A.
de C.V. (‘‘TUNA’’); 7 Regiomontana de
Perfiles y Tubos S.A. de C.V.
(‘‘Regiopytsa’’) and its affiliate Pytco,
S.A. de C.V. (‘‘Pytco’’); 8 and Mach 1
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 82 FR 50260
(November 1, 2017).
3 See Petitioner Letter re: Certain Circular Welded
Non-Alloy Steel Pipe from Mexico: Request for
Administrative Review, dated November 30, 2017.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
1329 (January 11, 2018) (Initiation Notice), at 1330–
1331. The 25 companies listed were: Acerorey;
Arcelormittal Monterrey; Arco Metal; Fischer
Mexicana; Forza Steel; Mach 1 Aero Servicios S De
RL De Cv; Nacional De Acero; Nova Steel; Perfiles
Y Herrajes; Precitubo; Procarsa; Productos
Especializados De Acero; Productos Laminados de
Monterrey, S.A. de C.V.; PYTCO, S.A. de C.V.;
Regiomontana de Perfiles y Tubos, S.A. de C.V.;
Rymco Conduit S.A. De C.V.; Swecomex S.A. De
C.V.; Ternium Tuberia; Tubac; Tubacero; Tuberia
Laguna; Tubesa; Tubos Omega; Tumex; and
Villacero Tuna.
5 See Initiation Notice, 83 FR at 1329.
6 See Memorandum: ‘‘Certain Circular Welded
Non-Alloy Steel Pipe from Mexico, 2016–2017
Administrative Review: Placement of Customs and
Border Protection (CBP) Information on the Record
of this Administrative Review,’’ dated February 15,
2018 (CBP Information Memorandum).
7 See Villacero Tuna Letter re: Circular Welded
Non-Alloy Steel Pipe and Tube from Mexico: Notice
of No Sales, dated January 26, 2018.
8 See Regiopytsa/Pytco Letter re: Circular Welded
Non-Alloy Steel Pipe from Mexico: No Shipment
Notification, dated February 1, 2018. Commerce has
collapsed Regiopytsa and Pytco in past segments of
this proceeding. See, e.g., Certain Circular Welded
Non-Alloy Steel Pipe from Mexico: Final Results of
Antidumping Duty Administrative Review and
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Global Services, Inc. and its affiliate
Mach 1 Aero Servicios S De RL de CV
each timely submitted a certification of
no shipments.9 On February 15, 2018,
we placed on the record the results of
our query of the CBP database and
invited comment from interested
parties.10 We received no comments.
In accordance with our standard
practice, we transmitted port inquiry
messages to CBP requesting that any
CBP import officer with information
contrary to the statements of no
shipments submitted by Lamina y Placa,
TUNA, Tubacero, Villacero Tuna,
Regiopytsa, Pytco, or Mach 1 report that
information to Commerce.11 We
received no information from CBP
contrary to the statements of no
shipments from Lamina y Placa, TUNA,
Tubacero, Villacero Tuna, Pytco, or
Mach 1. In addition, we received no
comment from any party with regard to
these port inquiry messages.
On March 20, 2018, we placed on the
record the CBP response to our port
inquiry message for Regiopytsa, which
showed certain entries, and invited
comment from interested parties.12 We
received no comments. Consequent to
the CBP response to our port inquiry
message for Regiopytsa, we requested
the entry documents for the entries in
question. On May 15, 2018, we placed
the entry documents we received from
CBP on the record, inviting interested
parties to submit rebuttal factual
information.13 On May 29, 2018,
Final Determination of No Shipments; 2014–2015,
82 FR 27039 (June 13, 2017), at 27040.
9 See Mach 1 Letter re: Certain Circular Welded
Non-Alloy Steel Pipes and Tubes: Notice of no
Exports, Sales, or Entries, dated February 12, 2018.
10 See Memorandum: ‘‘Certain Circular Welded
Non-Alloy Steel Pipe from Mexico, 2016–2017
Administrative Review: Placement of Customs and
Border Protection (CBP) Information on the Record
of this Administrative Review,’’ dated February 15,
2018 (CBP Information Memorandum).
11 See re: No shipments inquiry for certain
circular welded non-alloy steel pipe from Mexico
produced and/or exported by Mach 1 Aero
Servicios S De RL De Cv (A–201–805), message
number 8064304, dated March 5, 2018; see also re:
No shipments inquiry for certain circular welded
non-alloy steel pipe from Mexico produced and/or
exported by PYTCO, S.A. de C.V. (A–201–805),
message number 8064305, dated March 5, 2018; see
also re: No shipments inquiry for certain circular
welded non-alloy steel pipe from Mexico produced
and/or exported by Regiomontana de Perfiles y
Tubos S.A. de C.V. (A–201–805), message number
8064308, dated March 5, 2018; see also re: No
shipments inquiry for certain circular welded nonalloy steel pipe from Mexico produced and/or
exported by Villacero Tuna (A–201–805), message
number 8064307, dated March 5, 2018.
12 See Memorandum: ‘‘Certain Circular Welded
Non-Alloy Steel Pipe from Mexico, 2016–2017
Administrative Review: Placement of Customs and
Border Protection (CBP) Response to Port Inquiry
on the Record of this Administrative Review,’’
dated March 20, 2018.
13 See Memorandum: ‘‘Certain Circular Welded
Non-Alloy Steel Pipe from Mexico, 2016–2017
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Regiopytsa submitted rebuttal factual
information and contended that the
entries in question did not constitute
subject merchandise.14 Specifically,
Regiopytsa submitted a copy of
Commerce’s 2016 Regiopytsa Scope
Ruling,15 and noted that the products in
question had already been determined
to be not within the scope of the
Order.16 Moreover, Regiopytsa stated
that it subsequently revised the
categorization of these entries with
CBP.17 We confirmed this revision of
categorization with CBP. No party
commented upon Regiopytsa’s rebuttal
factual information submission.
We subsequently transmitted
additional port inquiry messages to CBP
requesting that any CBP import officer
with information of entries by the
remaining 21 companies under
review 18 report that information to
Commerce.19 We received no such
Administrative Review: Placement of Customs and
Border Protection (CBP) Entry Documents on the
Record of this Administrative Review,’’ dated May
15, 2018.
14 See Regiopytsa Letter re: Circular Welded NonAlloy Steel Pipe from Mexico, Rebuttal Factual
Information, dated May 29, 2018 (Regiopytsa’s
rebuttal factual information submission).
15 See Memorandum: ‘‘Final Scope Ruling on
Certain Black, Circular Tubing Produced to ASTM
A–513 Specifications by Regiomontana de Perfiles
y Tubos S.A. de C.V.,’’ dated March 31, 2016
(Regiopytsa Scope Ruling), placed on the record of
this administrative review as Exhibit 3 of
Regiopytsa’s rebuttal factual information
submission.
16 See Notice of Antidumping Duty Orders:
Certain Circular Welded Non-Alloy Steel Pipe from
Brazil, the Republic of Korea (Korea), Mexico, and
Venezuela and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Welded
Non-Alloy Steel Pipe from Korea, 57 FR 49453
(November 2, 1992) (the Order).
17 See Regiopytsa’s rebuttal factual information
submission, at 1 and Exhibit 1.
18 The 21 remaining companies under review for
which we sent this second set of port inquiry
messages were: Acerorey; Arcelormittal Monterrey;
Arco Metal; Fischer Mexicana; Forza Steel;
Nacional De Acero; Nova Steel; Perfiles Y Herrajes;
Precitubo; Procarsa; Productos Especializados De
Acero; Productos Laminados de Monterrey, S.A. de
C.V.; Rymco Conduit S.A. De C.V.; Swecomex S.A.
De C.V.; Ternium Tuberia; Tubac; Tubacero;
Tuberia Laguna; Tubesa; Tubos Omega; and Tumex.
19 See re: No shipments inquiry for certain
circular welded non-alloy steel pipe from Mexico
produced and/or exported by Acerorey (A–201–
805), message number 8212314, dated July 31, 2018;
see also re: No shipments inquiry for certain
circular welded non-alloy steel pipe from Mexico
produced and/or exported by Arcelormittal
Monterrey (A–201–805), message number 8212315,
dated July 31, 2018; see also re: No shipments
inquiry for certain circular welded non-alloy steel
pipe from Mexico produced and/or exported by
Arco Metal (A–201–805), message number 8212316,
dated July 31, 2018; see also re: No shipments
inquiry for certain circular welded non-alloy steel
pipe from Mexico produced and/or exported by
Fischer Mexicana (A–201–805), message number
8212317, dated July 31, 2018; see also re: No
shipments inquiry for certain circular welded nonalloy steel pipe from Mexico produced and/or
exported by Forza Steel (A–201–805), message
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18:32 Oct 25, 2018
Jkt 247001
information from CBP. We received no
comment from any party with regard to
these port inquiry messages.
On August 29, 2018, we issued a
memorandum stating that, because the
CBP data showed that there are no
suspended entries of subject
merchandise from any of the companies
subject to this review upon which to
assess duties, we intended to rescind
this review.20 We invited parties to
number 8212318, dated July 31, 2018; see also re:
No shipments inquiry for certain circular welded
non-alloy steel pipe from Mexico produced and/or
exported by Nacional De Acero (A–201–805),
message number 8212319, dated July 31, 2018; see
also re: No shipments inquiry for certain circular
welded non-alloy steel pipe from Mexico produced
and/or exported by Nova Steel (A–201–805),
message number 8212320, dated July 31, 2018; see
also re: No shipments inquiry for certain circular
welded non-alloy steel pipe from Mexico produced
and/or exported by Perfiles Y Herrajes (A–201–805),
message number 8212321, dated July 31, 2018; see
also re: No shipments inquiry for certain circular
welded non-alloy steel pipe from Mexico produced
and/or exported by Precitubo (A–201–805), message
number 8212307, dated July 31, 2018; see also re:
No shipments inquiry for certain circular welded
non-alloy steel pipe from Mexico produced and/or
exported by Procarsa (A–201–805), message number
8212322, dated July 31, 2018; see also re: No
shipments inquiry for certain circular welded nonalloy steel pipe from Mexico produced and/or
exported by Productos Especializados De Acero (A–
201–805), message number 8212323, dated July 31,
2018; see also re: No shipments inquiry for certain
circular welded non-alloy steel pipe from Mexico
produced and/or exported by Productos Laminados
de Monterrey, S.A. de C.V. (A–201–805), message
number 8212324, dated July 31, 2018; see also re:
No shipments inquiry for certain circular welded
non-alloy steel pipe from Mexico produced and/or
exported by Rymco Conduit S.A. De C.V. (A–201–
805), message number 8212325, dated July 31, 2018;
see also re: No shipments inquiry for certain
circular welded non-alloy steel pipe from Mexico
produced and/or exported by Swecomex S.A. De
C.V. (A–201–805), message number 8212326, dated
July 31, 2018; see also re: No shipments inquiry for
certain circular welded non-alloy steel pipe from
Mexico produced and/or exported by Ternium
Tuberia (A–201–805), message number 8212327,
dated July 31, 2018; see also re: No shipments
inquiry for certain circular welded non-alloy steel
pipe from Mexico produced and/or exported by
Tubac (A–201–805), message number 8212328,
dated July 31, 2018; see also re: No shipments
inquiry for certain circular welded non-alloy steel
pipe from Mexico produced and/or exported by
Tubacero (A–201–805), message number 8212329,
dated July 31, 2018; see also re: No shipments
inquiry for certain circular welded non-alloy steel
pipe from Mexico produced and/or exported by
Tuberia Laguna (A–201–805), message number
8212331, dated July 31, 2018; see also re: No
shipments inquiry for certain circular welded nonalloy steel pipe from Mexico produced and/or
exported by Tubesa (A–201–805), message number
8212330, dated July 31, 2018; see also re: No
shipments inquiry for certain circular welded nonalloy steel pipe from Mexico produced and/or
exported by Tubos Omega (A–201–805), message
number 8212332, dated July 31, 2018; see also re:
No shipments inquiry for certain circular welded
non-alloy steel pipe from Mexico produced and/or
exported by Tumex (A–201–805), message number
8212333, dated July 31, 2018.
20 See Memorandum: ‘‘Certain Circular Welded
Non-Alloy Steel Pipe from Mexico: Intent to
Rescind 2016–2017 Administrative Review,’’ dated
August 29, 2018.
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54085
comment on this memorandum, but did
not receive any comments.
Rescission of Administrative Review
It is Commerce’s practice to rescind
an administrative review pursuant to 19
CFR 351.213(d)(3) when there are no
entries of subject merchandise during
the POR subject to AD/CVD duties and
for which liquidation is suspended.21 At
the end of the administrative review, the
suspended entries are liquidated at the
assessment rate computed for the review
period.22 Therefore, for an
administrative review to be conducted,
there must be a reviewable, suspended
entry to be liquidated at the newly
calculated assessment rate. Because the
CBP data showed that there are no
suspended entries of subject
merchandise from any of the companies
subject to this review upon which to
assess duties, we are rescinding this
review of the antidumping duty order
on certain circular welded non-alloy
steel pipe from Mexico for the period of
review (POR) November 1, 2016,
through October 31, 2017, in its entirety,
pursuant to 19 CFR 351.213(d)(3).
Notification Regarding Administrative
Protective Orders
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
This notice is published in
accordance with section 777(i)(1) of the
Act, and 19 CFR 351.213(d)(4).
21 See, e.g., Certain Preserved Mushrooms from
India: Notice of Rescission of Antidumping Duty
Administrative Review, 79 FR 52300 (September 3,
2014); see also Certain Frozen Warmwater Shrimp
from Brazil: Notice of Rescission of Antidumping
Duty Administrative Review; 2012–2013, 78 FR
30272 (May 22, 2013); see also Solid Fertilizer
Grade Ammonium Nitrate from the Russian
Federation: Notice of Rescission of Antidumping
Duty Administrative Review, 77 FR 65532 (October
29, 2012); see also Certain Hot-Rolled Carbon Steel
Flat Products from India: Final Results of
Antidumping Duty Administrative Review, 76 FR
42679 (July 19, 2011); see also Certain Cut-toLength Carbon-Quality Steel Plate Products from
Italy: Final Results and Partial Rescission of
Antidumping Duty Administrative Review, 71 FR
39299, 39302 (July 12, 2006). Commerce’s practice
of rescinding annual reviews when there are no
entries of subject merchandise during the POR has
been upheld by the Court of Appeals for the Federal
Circuit, see Allegheny Ludlum Com. v. United
States, 346 F.3d 1368 (Fed. Cir. 2003).
22 See 19 CFR 351.212(b)(1); see also section
751(a)(2)(A) of the Act.
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54086
Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Notices
Dated: October 22, 2018.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2018–23454 Filed 10–25–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–087]
Steel Propane Cylinders 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.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
steel propane cylinders from the
People’s Republic of China (China) for
the period of investigation December 1,
2017, through January 31, 2017.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable October 26, 2018.
FOR FURTHER INFORMATION CONTACT:
Samuel Brummitt, 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) 482–7851.
SUPPLEMENTARY INFORMATION:
khammond on DSK30JT082PROD with NOTICES
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 June 18, 2018.1 On August 1, 2018,
Commerce postponed the preliminary
determination of this investigation until
October 19, 2018.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
1 See Steel Propane Cylinders from the People’s
Republic of China: Initiation of Countervailing Duty
Investigation, 83 FR 28189 (June 18, 2018)
(Initiation Notice).
2 See Steel Propane Cylinders from the People’s
Republic of China: Postponement of Preliminary
Determination in the Countervailing Duty
Investigation, 83 FR 37463 (August 1, 2018).
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18:32 Oct 25, 2018
Jkt 247001
Memorandum.3 A list of topics
discussed 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 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 steel propane cylinders
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 commented on the
scope of the investigation as it appeared
in the Initiation Notice. Commerce
intends to issue its preliminary decision
regarding comments concerning the
scope of the AD and CVD investigations
in the preliminary determination of the
companion AD investigation.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable, we
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.6 In making these
findings, we relied, in part, on facts
available and, because we find that one
or more producers and exporters did not
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Countervailing Duty Investigation of Steel Propane
Cylinders from the People’s Republic of China,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 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.
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Fmt 4703
Sfmt 4703
act to the best of their ability to respond
our requests for information, we drew
an adverse inference where appropriate
in selecting from among the facts
otherwise available.7 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final countervailing duty (CVD)
determination in this investigation with
the final determination in the
companion antidumping duty (AD)
investigation of steel propane cylinders
from China based on a request made by
the petitioners.8 Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled to be issued no later than
March 4, 2019, unless postponed.9
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
In this investigation, Commerce
preliminarily assigned a rate based
entirely on facts available to TPA Metals
and Machinery (SZ) Co. Ltd. (TPA
Metals). Therefore, the only rate that is
not zero, de minimis or based entirely
on facts otherwise available is the rate
calculated for Shandong Huanri Group
Co. Ltd. (Huanri). Consequently, the rate
calculated for Huanri is also assigned as
the rate for all-other producers and
exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
7 See
sections 776(a) and (b) of the Act.
Letter from the petitioners, ‘‘Steel Propane
Cylinders from the People’s Republic of China—
Petitioners’’ Request to Postpone Preliminary
Determination,’’ dated July 20, 2018 (Request for
Postponement).
9 See Steel Propane Cylinders from the People’s
Republic of China and Thailand: Postponement of
Preliminary Determinations in the Less-Than-Fair
Value Investigations, 83 FR 51927 (October 15,
2018).
8 See
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]]>Agencies
[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Notices]
[Pages 54084-54086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23454]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-805]
Certain Circular Welded Non-Alloy Steel Pipe From Mexico:
Rescission of Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is rescinding its
administrative review of the antidumping duty order on certain circular
welded non-alloy steel pipe from Mexico for the period of review (POR)
November 1, 2016, through October 31, 2017.
DATES: Applicable October 26, 2018.
FOR FURTHER INFORMATION CONTACT: Mark Flessner, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6312.
SUPPLEMENTARY INFORMATION:
Background
On November 1, 2017, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty order \1\ on certain circular welded non-alloy steel
pipe from Mexico for the POR.\2\ Commerce received a timely request
from Wheatland Tube (the petitioner), in accordance with section 751(a)
of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b),
to conduct an administrative review of this antidumping duty order with
respect to 25 companies.\3\ No other party submitted a request for
administrative review.
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\1\ See Notice of Antidumping Duty Orders: Certain Circular
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea
(Korea), Mexico, and Venezuela and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Welded Non-Alloy Steel
Pipe from Korea, 57 FR 49453 (November 2, 1992) (the Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 82 FR 50260 (November 1, 2017).
\3\ See Petitioner Letter re: Certain Circular Welded Non-Alloy
Steel Pipe from Mexico: Request for Administrative Review, dated
November 30, 2017.
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On January 11, 2018, Commerce published in the Federal Register a
notice of initiation with respect to 25 companies.\4\ Commerce stated
in its initiation of this review that it intended to rely on U.S.
Customs and Border Protection (CBP) data to select respondents.\5\
However, our review of the CBP data, with respect to the companies for
which reviews were requested, showed no entries of certain circular
welded non-alloy steel pipe originating in Mexico which were subject to
antidumping (AD) duties during the POR.\6\
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\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 1329 (January 11, 2018) (Initiation
Notice), at 1330-1331. The 25 companies listed were: Acerorey;
Arcelormittal Monterrey; Arco Metal; Fischer Mexicana; Forza Steel;
Mach 1 Aero Servicios S De RL De Cv; Nacional De Acero; Nova Steel;
Perfiles Y Herrajes; Precitubo; Procarsa; Productos Especializados
De Acero; Productos Laminados de Monterrey, S.A. de C.V.; PYTCO,
S.A. de C.V.; Regiomontana de Perfiles y Tubos, S.A. de C.V.; Rymco
Conduit S.A. De C.V.; Swecomex S.A. De C.V.; Ternium Tuberia; Tubac;
Tubacero; Tuberia Laguna; Tubesa; Tubos Omega; Tumex; and Villacero
Tuna.
\5\ See Initiation Notice, 83 FR at 1329.
\6\ See Memorandum: ``Certain Circular Welded Non-Alloy Steel
Pipe from Mexico, 2016-2017 Administrative Review: Placement of
Customs and Border Protection (CBP) Information on the Record of
this Administrative Review,'' dated February 15, 2018 (CBP
Information Memorandum).
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Between January 17, 2018, and February 12, 2018, Tubacero S. de
R.L. de C.V. (``Tubacero''); Lamina y Placa Comercial, S.A. de C.V.
(``LYPCSA'') and its affiliate Tuberia Nacional, S.A. de C.V.
(``TUNA''); \7\ Regiomontana de Perfiles y Tubos S.A. de C.V.
(``Regiopytsa'') and its affiliate Pytco, S.A. de C.V. (``Pytco''); \8\
and Mach 1 Global Services, Inc. and its affiliate Mach 1 Aero
Servicios S De RL de CV each timely submitted a certification of no
shipments.\9\ On February 15, 2018, we placed on the record the results
of our query of the CBP database and invited comment from interested
parties.\10\ We received no comments.
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\7\ See Villacero Tuna Letter re: Circular Welded Non-Alloy
Steel Pipe and Tube from Mexico: Notice of No Sales, dated January
26, 2018.
\8\ See Regiopytsa/Pytco Letter re: Circular Welded Non-Alloy
Steel Pipe from Mexico: No Shipment Notification, dated February 1,
2018. Commerce has collapsed Regiopytsa and Pytco in past segments
of this proceeding. See, e.g., Certain Circular Welded Non-Alloy
Steel Pipe from Mexico: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2014-
2015, 82 FR 27039 (June 13, 2017), at 27040.
\9\ See Mach 1 Letter re: Certain Circular Welded Non-Alloy
Steel Pipes and Tubes: Notice of no Exports, Sales, or Entries,
dated February 12, 2018.
\10\ See Memorandum: ``Certain Circular Welded Non-Alloy Steel
Pipe from Mexico, 2016-2017 Administrative Review: Placement of
Customs and Border Protection (CBP) Information on the Record of
this Administrative Review,'' dated February 15, 2018 (CBP
Information Memorandum).
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In accordance with our standard practice, we transmitted port
inquiry messages to CBP requesting that any CBP import officer with
information contrary to the statements of no shipments submitted by
Lamina y Placa, TUNA, Tubacero, Villacero Tuna, Regiopytsa, Pytco, or
Mach 1 report that information to Commerce.\11\ We received no
information from CBP contrary to the statements of no shipments from
Lamina y Placa, TUNA, Tubacero, Villacero Tuna, Pytco, or Mach 1. In
addition, we received no comment from any party with regard to these
port inquiry messages.
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\11\ See re: No shipments inquiry for certain circular welded
non-alloy steel pipe from Mexico produced and/or exported by Mach 1
Aero Servicios S De RL De Cv (A-201-805), message number 8064304,
dated March 5, 2018; see also re: No shipments inquiry for certain
circular welded non-alloy steel pipe from Mexico produced and/or
exported by PYTCO, S.A. de C.V. (A-201-805), message number 8064305,
dated March 5, 2018; see also re: No shipments inquiry for certain
circular welded non-alloy steel pipe from Mexico produced and/or
exported by Regiomontana de Perfiles y Tubos S.A. de C.V. (A-201-
805), message number 8064308, dated March 5, 2018; see also re: No
shipments inquiry for certain circular welded non-alloy steel pipe
from Mexico produced and/or exported by Villacero Tuna (A-201-805),
message number 8064307, dated March 5, 2018.
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On March 20, 2018, we placed on the record the CBP response to our
port inquiry message for Regiopytsa, which showed certain entries, and
invited comment from interested parties.\12\ We received no comments.
Consequent to the CBP response to our port inquiry message for
Regiopytsa, we requested the entry documents for the entries in
question. On May 15, 2018, we placed the entry documents we received
from CBP on the record, inviting interested parties to submit rebuttal
factual information.\13\ On May 29, 2018,
[[Page 54085]]
Regiopytsa submitted rebuttal factual information and contended that
the entries in question did not constitute subject merchandise.\14\
Specifically, Regiopytsa submitted a copy of Commerce's 2016 Regiopytsa
Scope Ruling,\15\ and noted that the products in question had already
been determined to be not within the scope of the Order.\16\ Moreover,
Regiopytsa stated that it subsequently revised the categorization of
these entries with CBP.\17\ We confirmed this revision of
categorization with CBP. No party commented upon Regiopytsa's rebuttal
factual information submission.
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\12\ See Memorandum: ``Certain Circular Welded Non-Alloy Steel
Pipe from Mexico, 2016-2017 Administrative Review: Placement of
Customs and Border Protection (CBP) Response to Port Inquiry on the
Record of this Administrative Review,'' dated March 20, 2018.
\13\ See Memorandum: ``Certain Circular Welded Non-Alloy Steel
Pipe from Mexico, 2016-2017 Administrative Review: Placement of
Customs and Border Protection (CBP) Entry Documents on the Record of
this Administrative Review,'' dated May 15, 2018.
\14\ See Regiopytsa Letter re: Circular Welded Non-Alloy Steel
Pipe from Mexico, Rebuttal Factual Information, dated May 29, 2018
(Regiopytsa's rebuttal factual information submission).
\15\ See Memorandum: ``Final Scope Ruling on Certain Black,
Circular Tubing Produced to ASTM A-513 Specifications by
Regiomontana de Perfiles y Tubos S.A. de C.V.,'' dated March 31,
2016 (Regiopytsa Scope Ruling), placed on the record of this
administrative review as Exhibit 3 of Regiopytsa's rebuttal factual
information submission.
\16\ See Notice of Antidumping Duty Orders: Certain Circular
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea
(Korea), Mexico, and Venezuela and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Welded Non-Alloy Steel
Pipe from Korea, 57 FR 49453 (November 2, 1992) (the Order).
\17\ See Regiopytsa's rebuttal factual information submission,
at 1 and Exhibit 1.
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We subsequently transmitted additional port inquiry messages to CBP
requesting that any CBP import officer with information of entries by
the remaining 21 companies under review \18\ report that information to
Commerce.\19\ We received no such information from CBP. We received no
comment from any party with regard to these port inquiry messages.
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\18\ The 21 remaining companies under review for which we sent
this second set of port inquiry messages were: Acerorey;
Arcelormittal Monterrey; Arco Metal; Fischer Mexicana; Forza Steel;
Nacional De Acero; Nova Steel; Perfiles Y Herrajes; Precitubo;
Procarsa; Productos Especializados De Acero; Productos Laminados de
Monterrey, S.A. de C.V.; Rymco Conduit S.A. De C.V.; Swecomex S.A.
De C.V.; Ternium Tuberia; Tubac; Tubacero; Tuberia Laguna; Tubesa;
Tubos Omega; and Tumex.
\19\ See re: No shipments inquiry for certain circular welded
non-alloy steel pipe from Mexico produced and/or exported by
Acerorey (A-201-805), message number 8212314, dated July 31, 2018;
see also re: No shipments inquiry for certain circular welded non-
alloy steel pipe from Mexico produced and/or exported by
Arcelormittal Monterrey (A-201-805), message number 8212315, dated
July 31, 2018; see also re: No shipments inquiry for certain
circular welded non-alloy steel pipe from Mexico produced and/or
exported by Arco Metal (A-201-805), message number 8212316, dated
July 31, 2018; see also re: No shipments inquiry for certain
circular welded non-alloy steel pipe from Mexico produced and/or
exported by Fischer Mexicana (A-201-805), message number 8212317,
dated July 31, 2018; see also re: No shipments inquiry for certain
circular welded non-alloy steel pipe from Mexico produced and/or
exported by Forza Steel (A-201-805), message number 8212318, dated
July 31, 2018; see also re: No shipments inquiry for certain
circular welded non-alloy steel pipe from Mexico produced and/or
exported by Nacional De Acero (A-201-805), message number 8212319,
dated July 31, 2018; see also re: No shipments inquiry for certain
circular welded non-alloy steel pipe from Mexico produced and/or
exported by Nova Steel (A-201-805), message number 8212320, dated
July 31, 2018; see also re: No shipments inquiry for certain
circular welded non-alloy steel pipe from Mexico produced and/or
exported by Perfiles Y Herrajes (A-201-805), message number 8212321,
dated July 31, 2018; see also re: No shipments inquiry for certain
circular welded non-alloy steel pipe from Mexico produced and/or
exported by Precitubo (A-201-805), message number 8212307, dated
July 31, 2018; see also re: No shipments inquiry for certain
circular welded non-alloy steel pipe from Mexico produced and/or
exported by Procarsa (A-201-805), message number 8212322, dated July
31, 2018; see also re: No shipments inquiry for certain circular
welded non-alloy steel pipe from Mexico produced and/or exported by
Productos Especializados De Acero (A-201-805), message number
8212323, dated July 31, 2018; see also re: No shipments inquiry for
certain circular welded non-alloy steel pipe from Mexico produced
and/or exported by Productos Laminados de Monterrey, S.A. de C.V.
(A-201-805), message number 8212324, dated July 31, 2018; see also
re: No shipments inquiry for certain circular welded non-alloy steel
pipe from Mexico produced and/or exported by Rymco Conduit S.A. De
C.V. (A-201-805), message number 8212325, dated July 31, 2018; see
also re: No shipments inquiry for certain circular welded non-alloy
steel pipe from Mexico produced and/or exported by Swecomex S.A. De
C.V. (A-201-805), message number 8212326, dated July 31, 2018; see
also re: No shipments inquiry for certain circular welded non-alloy
steel pipe from Mexico produced and/or exported by Ternium Tuberia
(A-201-805), message number 8212327, dated July 31, 2018; see also
re: No shipments inquiry for certain circular welded non-alloy steel
pipe from Mexico produced and/or exported by Tubac (A-201-805),
message number 8212328, dated July 31, 2018; see also re: No
shipments inquiry for certain circular welded non-alloy steel pipe
from Mexico produced and/or exported by Tubacero (A-201-805),
message number 8212329, dated July 31, 2018; see also re: No
shipments inquiry for certain circular welded non-alloy steel pipe
from Mexico produced and/or exported by Tuberia Laguna (A-201-805),
message number 8212331, dated July 31, 2018; see also re: No
shipments inquiry for certain circular welded non-alloy steel pipe
from Mexico produced and/or exported by Tubesa (A-201-805), message
number 8212330, dated July 31, 2018; see also re: No shipments
inquiry for certain circular welded non-alloy steel pipe from Mexico
produced and/or exported by Tubos Omega (A-201-805), message number
8212332, dated July 31, 2018; see also re: No shipments inquiry for
certain circular welded non-alloy steel pipe from Mexico produced
and/or exported by Tumex (A-201-805), message number 8212333, dated
July 31, 2018.
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On August 29, 2018, we issued a memorandum stating that, because
the CBP data showed that there are no suspended entries of subject
merchandise from any of the companies subject to this review upon which
to assess duties, we intended to rescind this review.\20\ We invited
parties to comment on this memorandum, but did not receive any
comments.
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\20\ See Memorandum: ``Certain Circular Welded Non-Alloy Steel
Pipe from Mexico: Intent to Rescind 2016-2017 Administrative
Review,'' dated August 29, 2018.
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Rescission of Administrative Review
It is Commerce's practice to rescind an administrative review
pursuant to 19 CFR 351.213(d)(3) when there are no entries of subject
merchandise during the POR subject to AD/CVD duties and for which
liquidation is suspended.\21\ At the end of the administrative review,
the suspended entries are liquidated at the assessment rate computed
for the review period.\22\ Therefore, for an administrative review to
be conducted, there must be a reviewable, suspended entry to be
liquidated at the newly calculated assessment rate. Because the CBP
data showed that there are no suspended entries of subject merchandise
from any of the companies subject to this review upon which to assess
duties, we are rescinding this review of the antidumping duty order on
certain circular welded non-alloy steel pipe from Mexico for the period
of review (POR) November 1, 2016, through October 31, 2017, in its
entirety, pursuant to 19 CFR 351.213(d)(3).
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\21\ See, e.g., Certain Preserved Mushrooms from India: Notice
of Rescission of Antidumping Duty Administrative Review, 79 FR 52300
(September 3, 2014); see also Certain Frozen Warmwater Shrimp from
Brazil: Notice of Rescission of Antidumping Duty Administrative
Review; 2012-2013, 78 FR 30272 (May 22, 2013); see also Solid
Fertilizer Grade Ammonium Nitrate from the Russian Federation:
Notice of Rescission of Antidumping Duty Administrative Review, 77
FR 65532 (October 29, 2012); see also Certain Hot-Rolled Carbon
Steel Flat Products from India: Final Results of Antidumping Duty
Administrative Review, 76 FR 42679 (July 19, 2011); see also Certain
Cut-to-Length Carbon-Quality Steel Plate Products from Italy: Final
Results and Partial Rescission of Antidumping Duty Administrative
Review, 71 FR 39299, 39302 (July 12, 2006). Commerce's practice of
rescinding annual reviews when there are no entries of subject
merchandise during the POR has been upheld by the Court of Appeals
for the Federal Circuit, see Allegheny Ludlum Com. v. United States,
346 F.3d 1368 (Fed. Cir. 2003).
\22\ See 19 CFR 351.212(b)(1); see also section 751(a)(2)(A) of
the Act.
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Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
This notice is published in accordance with section 777(i)(1) of
the Act, and 19 CFR 351.213(d)(4).
[[Page 54086]]
Dated: October 22, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, performing the duties of Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations.
[FR Doc. 2018-23454 Filed 10-25-18; 8:45 am]
BILLING CODE 3510-DS-P
