Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Rescission of Antidumping Duty Administrative Review; 2016-2017, 54084-54086 [2018-23454]

Download as PDF 54084 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 Control List and U.S. export control policies shall be exempt from the provisions relating to public meetings 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). VerDate Sep<11>2014 18:32 Oct 25, 2018 Jkt 247001 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 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 E:\FR\FM\26OCN1.SGM 26OCN1 Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Notices khammond on DSK30JT082PROD with NOTICES 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 VerDate Sep<11>2014 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. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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. E:\FR\FM\26OCN1.SGM 26OCN1 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). VerDate Sep<11>2014 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. PO 00000 Frm 00007 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 E:\FR\FM\26OCN1.SGM 26OCN1

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \20\ See Memorandum: ``Certain Circular Welded Non-Alloy Steel 
Pipe from Mexico: Intent to Rescind 2016-2017 Administrative 
Review,'' dated August 29, 2018.
---------------------------------------------------------------------------

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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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