Light-Walled Rectangular Pipe and Tube from Mexico: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2017-2018, 55555-55557 [2019-22667]
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Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Notices
Partial Rescission of the Administrative
Review
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–893]
Frozen Warmwater Shrimp From the
People’s Republic of China: Partial
Rescission of Antidumping Duty
Administrative Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is partially rescinding its
administrative review of the
antidumping duty order on frozen
warmwater shrimp (shrimp) from the
People’s Republic of China (China) for
the period of review February 1, 2018,
through January 31, 2019.
AGENCY:
DATES:
Applicable October 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Jasun Moy or Kabir Archuletta, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–8194, or (202) 482–2593,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 8, 2019, Commerce
published in the Federal Register a
notice of ‘‘Opportunity to Request
Administrative Review’’ of the
antidumping duty order on shrimp from
China for the period of review February
1, 2018, through January 31, 2019.1
Pursuant to requests from interested
parties, on May 2, 2019, in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.221(c)(1)(i), Commerce initiated an
administrative review of the
antidumping duty order on shrimp from
China with respect to 102 companies.2
On June 10, 2019, Ad Hoc Shrimp Trade
Action Committee (the petitioner)
timely withdrew its requests for an
administrative review of all of the
companies for which it had requested a
review.3
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 84 FR 2816
(February 8, 2019).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
18777 (May 2, 2019).
3 See Petitioner’s Letter, ‘‘Certain Frozen
Warmwater Shrimp from the People’s Republic of
China: Domestic Producers’ Withdrawal of Review
Requests,’’ dated June 10, 2019.
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Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the publication date of the
notice of initiation of the requested
review. The petitioner timely withdrew
all of its review requests. Because
Commerce received no other requests
for review for 14 of the companies for
which a review was initiated, we are
rescinding this review of shrimp from
China for the period February 1, 2018,
through January 31, 2019, in part, with
respect to these 14 entities, in
accordance with 19 CFR 351.213(d)(1).
These 14 entities are: (1) Dalian Hengtai
Foods Co., Ltd.; (2) Dalian Philica
Supply Chain Management Co., Ltd.; (3)
Dalian Sunrise Foodstuffs Co., Ltd.; (4)
Dongwei Aquatic Products (Zhangzhou)
Co., Ltd.; (5) Fujian Dongwei Food Co.,
Ltd.; (6) Fujian Hongao Trade
Development Co.; (7) Fujian R & J Group
Ltd.; (8) Gallant Ocean Group; (9)
Guangdong Rainbow Aquatic
Development; (10) Penglai Yuming
Foodstuff Co., Ltd.; (11) Rizhao Meijia
Keyuan Foods Co. Ltd.; (12) Suizhong
Tieshan Food Co., Ltd.; (13) Yangjiang
Guolian Seafood Co., Ltd.; and (14)
Zhangzhou Xinhui Foods Co., Ltd. The
instant review will continue with
respect to the remaining companies for
which a review was initiated.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries. For the companies for which
this review is rescinded, antidumping
duties shall be assessed at rates equal to
the cash deposit rate of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment
instructions to CBP 15 days after
publication of this notice in the Federal
Register.
Notification to Importers
This notice serves as the only
reminder to importers whose entries
will be liquidated as a result of this
rescission notice, of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the presumption that
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55555
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification Regarding Administrative
Protective Order
This notice also 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 terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751 and
777(i)(1) of the Act and 19 CFR
351.213(d)(4).
Dated: October 10, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–22665 Filed 10–16–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–836]
Light-Walled Rectangular Pipe and
Tube from Mexico: Preliminary Results
of Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that producers and/or exporters subject
to this administrative review made sales
of subject merchandise at less than
normal value (NV) during the August 1,
2017 through July 31, 2018 period of
review (POR). Interested parties are
invited to comment on these
preliminary results of review.
DATES: Applicable October 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Samuel Brummitt or John Conniff, 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 or (202) 482–1009,
respectively.
AGENCY:
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55556
Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Notices
SUPPLEMENTARY INFORMATION:
Background
On October 4, 2018, Commerce
published in the Federal Register a
notice of the initiation of the
administrative review of the
antidumping duty (AD) order 1 on lightwalled rectangular pipe and tube from
Mexico for 19 companies.2
On November 5, 2018, we received a
timely filed certification of no
shipments of subject merchandise from
Fabricaciones y Servicios de Mexico
(FASEMEX).3 Commerce exercised its
discretion to toll all deadlines affected
by the partial federal government
closure from December 22, 2018 through
the resumption of operations on January
28, 2019.4 On April 10, 2019, we further
extended the time limit for completion
of the preliminary results of the review
to no later than October 10, 2019.5
For a complete description of the
events that followed the initiation of the
review, 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 to all parties in the
Central Records Unit, located in room
B8094 of the main Commerce building.
In addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
1 See Light-Walled Rectangular Pipe and Tube
from Mexico, the People’s Republic of China, and
the Republic of Korea: Antidumping Duty Orders;
Light-Walled Rectangular Pipe and Tube from the
Republic of Korea: Notice of Amended Final
Determination of Sales at Less Than Fair Value, 73
FR 45403 (August 5, 2008) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
50077 (October 4, 2018) (Initiation Notice).
3 See FASEMEX’s Letter, ‘‘Case No.: A–201–836—
Light-Walled Rectangular Pipe and Tube,’’ dated
November 5, 2018 (FASEMEX No Shipments
Letter).
4 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
5 See Memorandum, ‘‘Light-Walled Rectangular
Pipe and Tube from Mexico: Extension of Time
Limit for Preliminary Results of Antidumping Duty
Administrative Review; 2017–2018,’’ dated April
10, 2019.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Light-Walled Rectangular
Pipe and Tube from Mexico; 2017–2018,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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17:26 Oct 16, 2019
Jkt 250001
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content. A list of topics
included in the Preliminary Decision
Memorandum is included in the
Appendix to this notice.
Scope of the Order
The scope of this order covers certain
welded carbon-quality light-walled steel
pipe and tube, of rectangular (including
square) cross section, having a wall
thickness of less than 4 mm. The term
carbon-quality steel includes both
carbon steel and alloy steel which
contains only small amounts of alloying
elements. Specifically, the term carbonquality includes products in which
none of the elements listed below
exceeds the quantity by weight
respectively indicated; 1.80 percent of
manganese, or 2.25 percent of silicon, or
1.00 percent of copper, or 0.50 percent
of aluminum, or 1.25 percent of
chromium, or 0.30 percent of cobalt, or
0.40 percent of lead, or 1.25 percent of
nickel, or 0.30 percent of tungsten, or
0.10 percent of molybdenum, or 0.10
percent of niobium, or 0.15 percent of
vanadium, or 0.15 percent of zirconium.
The description of carbon-quality is
intended to identify carbon-quality
products within the scope. The weldedcarbon quality rectangular pipe and tube
subject to the order is currently
classified under the Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 7306.61.50.00 and
7306.61.70.60. This tariff classification
is provided for convenience and
Customs purposes; however, the written
description of the scope of the order is
dispositive.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(2) of
the Tariff Act of 1930, as amended (the
Act). Export price was calculated in
accordance with section 772 of the Act.
Normal value was calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Determination of No
Shipments
Prior to the issuance of the
questionnaire, FASEMEX reported that
it made no sales of subject merchandise
during the POR.7 On November 9, 2018,
we placed the U.S. Customs and Border
Protection (CBP) inquiry instructions on
the record that we sent to CBP regarding
7 See
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Frm 00017
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FASEMEX’s statement of no
shipments.8 We received no information
from CBP contrary to the statements of
no shipments from FASEMEX.
Consistent with our practice,9 we are
not preliminarily rescinding the review
with respect to FASEMEX. Rather, we
will complete the review for FASEMEX
and issue appropriate instructions to
CBP based on the final results of this
review.
Preliminary Results of Review
We preliminarily determine that, for
the period August 1, 2017 through July
31, 2018, the following weightedaverage dumping margins exist:
Producer/exporter
Weightedaverage
margin
(percent)
Aceros Cuatro Caminos S.A.
de C.V ...................................
Arco Metal S.A. de C.V ............
Galvak, S.A. de C.V .................
Grupo Estructuras y Perfiles ....
Hylsa S.A. de C.V ....................
Industrias Monterrey S.A. de
C.V ........................................
International de Aceros, S.A.
de C.V ...................................
Maquilacero S.A. de C.V ..........
Nacional de Acero S.A. de C.V
PEASA-Productos
Especializados de Acero ......
Perfiles LM, S.A. de C.V. 10 .....
Productos Laminados de
Monterrey S.A. de C.V ..........
Regiomontana de Perfiles y
Tubos S.A. de C.V ................
Talleres Acero Rey S.A. de C.V
Ternium Mexico S.A. de C.V ....
Tuberia Laguna, S.A. de C.V ...
Tuberias Aspe ..........................
Tuberias y Derivados S.A de
C.V ........................................
3.29
3.29
3.29
3.29
3.29
3.29
3.29
2.48
3.29
3.29
3.29
3.29
3.80
3.29
3.29
3.29
3.29
3.29
Disclosure and Public Comment
We will disclose to parties to the
proceeding any calculations performed
8 See Memorandum, ‘‘Light-walled rectangular
pipe and tube from Mexico (A–201–836),’’ dated
November 9, 2018.
9 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306
(August 28, 2014).
10 See Light-Walled Rectangular Pipe and Tube
from Mexico: Initiation and Expedited Preliminary
Results of Changed Circumstances Review, 82 FR
54322 (November 17, 2017) and accompanying
Preliminary Decision Memorandum, unchanged in
Light-Walled Rectangular Pipe and Tube from
Mexico: Final Results of Changed Circumstances
Review, 83 FR 13475 (March 29, 2018) (Commerce
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Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Notices
in connection with these preliminary
results of review within five days after
the date of publication of this notice.11
Interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice in the Federal
Register.12 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed not later than five days after the
date for filing case briefs.13 Parties who
submit case 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.14 Case and rebuttal briefs
should be filed using ACCESS.15
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance within 30
days of the date of publication of this
notice.16 Requests should contain: (1)
The party’s name, address and
telephone number; (2) the number of
participants; and (3) a list of issues
parties intend to discuss. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, we intend to hold the hearing
at the U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230, at a date and
time to be determined.17 Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case and rebuttal briefs, within 120 days
of publication of these preliminary
results in the Federal Register, pursuant
to section 751(a)(3)(A) of the Act.
Assessment Rates
For any individually examined
respondents whose weighted-average
dumping margin is above de minimis
(i.e., 0.50 percent), we will calculate
importer-specific ad valorem duty
assessment rates based on the ratio of
the total amount of dumping calculated
for the importer’s examined sales to the
total entered value of those same sales
in accordance with 19 CFR
351.212(b)(1).18 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is not zero or de
minimis. If a respondent’s weightedaverage 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. The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review
where applicable.
Regarding entries of subject
merchandise during the period of
review that were produced by
Maquilacero and Regiopytsa and for
which they did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate un-reviewed entries at the allothers rate of 3.76 percent, as
established in the less-than-fair-value
investigation, if there is no rate for the
intermediate company(ies) involved in
the transaction.19 For a full discussion
of this matter, see Assessment Policy
Notice.20
In accordance with 19 CFR 356.8, we
intend to issue liquidation instructions
to CBP on or after 41 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for each specific
company listed above will be equal to
the weighted-average dumping margin
established in the final results of this
administrative review; (2) for previously
reviewed or investigated companies not
listed above, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
18 In
determined that Perfiles LM, S.A. de C.V. is the
successor-in-interest to Perfiles y Herrajes).
11 See 19 CFR 351.224(b).
12 See 19 CFR 351.309(c)(1)(ii).
13 See 19 CFR 351.309(d)(1).
14 See 19 CFR 351.309(c)(2) and (d)(2).
15 See 19 CFR 351.303.
16 See 19 CFR 351.310(c).
17 See 19 CFR 351.310(d).
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these preliminary results, Commerce applied
the assessment rate calculation methodology
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
19 See Order, 73 FR at 45405.
20 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
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55557
completed segment of this proceeding in
which they were reviewed; (3) if the
exporter is not a firm covered in this
review, a prior review, or in the
investigation but the producer is, the
cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be the all-others rate of 3.76 percent.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: October 10, 2019.
Jeffrey I. Kessler,
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. Companies Not Selected for Individual
Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2019–22667 Filed 10–16–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–955]
Certain Magnesia Carbon Bricks From
the People’s Republic of China:
Rescission of Countervailing Duty
Administrative Review; 2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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]]>Agencies
[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Notices]
[Pages 55555-55557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22667]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube from Mexico: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers and/or exporters subject to this administrative review
made sales of subject merchandise at less than normal value (NV) during
the August 1, 2017 through July 31, 2018 period of review (POR).
Interested parties are invited to comment on these preliminary results
of review.
DATES: Applicable October 17, 2019.
FOR FURTHER INFORMATION CONTACT: Samuel Brummitt or John Conniff, 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 or (202)
482-1009, respectively.
[[Page 55556]]
SUPPLEMENTARY INFORMATION:
Background
On October 4, 2018, Commerce published in the Federal Register a
notice of the initiation of the administrative review of the
antidumping duty (AD) order \1\ on light-walled rectangular pipe and
tube from Mexico for 19 companies.\2\
---------------------------------------------------------------------------
\1\ See Light-Walled Rectangular Pipe and Tube from Mexico, the
People's Republic of China, and the Republic of Korea: Antidumping
Duty Orders; Light-Walled Rectangular Pipe and Tube from the
Republic of Korea: Notice of Amended Final Determination of Sales at
Less Than Fair Value, 73 FR 45403 (August 5, 2008) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 50077 (October 4, 2018) (Initiation
Notice).
---------------------------------------------------------------------------
On November 5, 2018, we received a timely filed certification of no
shipments of subject merchandise from Fabricaciones y Servicios de
Mexico (FASEMEX).\3\ Commerce exercised its discretion to toll all
deadlines affected by the partial federal government closure from
December 22, 2018 through the resumption of operations on January 28,
2019.\4\ On April 10, 2019, we further extended the time limit for
completion of the preliminary results of the review to no later than
October 10, 2019.\5\
---------------------------------------------------------------------------
\3\ See FASEMEX's Letter, ``Case No.: A-201-836--Light-Walled
Rectangular Pipe and Tube,'' dated November 5, 2018 (FASEMEX No
Shipments Letter).
\4\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\5\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube
from Mexico: Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review; 2017-2018,'' dated April 10,
2019.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of the review, 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
to all parties in the Central Records Unit, located in room B8094 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 the electronic versions of
the Preliminary Decision Memorandum are identical in content. A list of
topics included in the Preliminary Decision Memorandum is included in
the Appendix to this notice.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Light-Walled
Rectangular Pipe and Tube from Mexico; 2017-2018,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The scope of this order covers certain welded carbon-quality light-
walled steel pipe and tube, of rectangular (including square) cross
section, having a wall thickness of less than 4 mm. The term carbon-
quality steel includes both carbon steel and alloy steel which contains
only small amounts of alloying elements. Specifically, the term carbon-
quality includes products in which none of the elements listed below
exceeds the quantity by weight respectively indicated; 1.80 percent of
manganese, or 2.25 percent of silicon, or 1.00 percent of copper, or
0.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent
of cobalt, or 0.40 percent of lead, or 1.25 percent of nickel, or 0.30
percent of tungsten, or 0.10 percent of molybdenum, or 0.10 percent of
niobium, or 0.15 percent of vanadium, or 0.15 percent of zirconium.
The description of carbon-quality is intended to identify carbon-
quality products within the scope. The welded-carbon quality
rectangular pipe and tube subject to the order is currently classified
under the Harmonized Tariff Schedule of the United States (HTSUS)
subheadings 7306.61.50.00 and 7306.61.70.60. This tariff classification
is provided for convenience and Customs purposes; however, the written
description of the scope of the order is dispositive.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price
was calculated in accordance with section 772 of the Act. Normal value
was calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
Prior to the issuance of the questionnaire, FASEMEX reported that
it made no sales of subject merchandise during the POR.\7\ On November
9, 2018, we placed the U.S. Customs and Border Protection (CBP) inquiry
instructions on the record that we sent to CBP regarding FASEMEX's
statement of no shipments.\8\ We received no information from CBP
contrary to the statements of no shipments from FASEMEX. Consistent
with our practice,\9\ we are not preliminarily rescinding the review
with respect to FASEMEX. Rather, we will complete the review for
FASEMEX and issue appropriate instructions to CBP based on the final
results of this review.
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\7\ See FASEMEX No Shipments Letter.
\8\ See Memorandum, ``Light-walled rectangular pipe and tube
from Mexico (A-201-836),'' dated November 9, 2018.
\9\ [thinsp]See, e.g., Certain Frozen Warmwater Shrimp from
Thailand; Preliminary Results of Antidumping Duty Administrative
Review, Partial Rescission of Review, Preliminary Determination of
No Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014),
unchanged in Certain Frozen Warmwater Shrimp from Thailand: Final
Results of Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial Rescission of Review;
2012-2013, 79 FR 51306 (August 28, 2014).
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Preliminary Results of Review
We preliminarily determine that, for the period August 1, 2017
through July 31, 2018, the following weighted-average dumping margins
exist:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter margin
(percent)
------------------------------------------------------------------------
Aceros Cuatro Caminos S.A. de C.V.......................... 3.29
Arco Metal S.A. de C.V..................................... 3.29
Galvak, S.A. de C.V........................................ 3.29
Grupo Estructuras y Perfiles............................... 3.29
Hylsa S.A. de C.V.......................................... 3.29
Industrias Monterrey S.A. de C.V........................... 3.29
International de Aceros, S.A. de C.V....................... 3.29
Maquilacero S.A. de C.V.................................... 2.48
Nacional de Acero S.A. de C.V.............................. 3.29
PEASA-Productos Especializados de Acero.................... 3.29
Perfiles LM, S.A. de C.V. \10\............................. 3.29
Productos Laminados de Monterrey S.A. de C.V............... 3.29
Regiomontana de Perfiles y Tubos S.A. de C.V............... 3.80
Talleres Acero Rey S.A. de C.V............................. 3.29
Ternium Mexico S.A. de C.V................................. 3.29
Tuberia Laguna, S.A. de C.V................................ 3.29
Tuberias Aspe.............................................. 3.29
Tuberias y Derivados S.A de C.V............................ 3.29
------------------------------------------------------------------------
Disclosure and Public Comment
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\10\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Initiation and Expedited Preliminary Results of Changed
Circumstances Review, 82 FR 54322 (November 17, 2017) and
accompanying Preliminary Decision Memorandum, unchanged in Light-
Walled Rectangular Pipe and Tube from Mexico: Final Results of
Changed Circumstances Review, 83 FR 13475 (March 29, 2018) (Commerce
determined that Perfiles LM, S.A. de C.V. is the successor-in-
interest to Perfiles y Herrajes).
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We will disclose to parties to the proceeding any calculations
performed
[[Page 55557]]
in connection with these preliminary results of review within five days
after the date of publication of this notice.\11\ Interested parties
may submit case briefs not later than 30 days after the date of
publication of this notice in the Federal Register.\12\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed not
later than five days after the date for filing case briefs.\13\ Parties
who submit case 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.\14\ Case and
rebuttal briefs should be filed using ACCESS.\15\
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\11\ See 19 CFR 351.224(b).
\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d)(1).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ See 19 CFR 351.303.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance within 30 days of the date of publication of this
notice.\16\ Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, we intend to hold the hearing at the
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230, at a date and time to be determined.\17\ Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(d).
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Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case and rebuttal briefs, within 120 days
of publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
For any individually examined respondents whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent), we will
calculate importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\18\ We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific assessment rate calculated in the
final results of this review is not zero or de minimis. If a
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. The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review
where applicable.
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\18\ In these preliminary results, Commerce applied the
assessment rate calculation methodology adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
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Regarding entries of subject merchandise during the period of
review that were produced by Maquilacero and Regiopytsa and for which
they did not know that the merchandise was destined for the United
States, we will instruct CBP to liquidate un-reviewed entries at the
all-others rate of 3.76 percent, as established in the less-than-fair-
value investigation, if there is no rate for the intermediate
company(ies) involved in the transaction.\19\ For a full discussion of
this matter, see Assessment Policy Notice.\20\
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\19\ See Order, 73 FR at 45405.
\20\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
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In accordance with 19 CFR 356.8, we intend to issue liquidation
instructions to CBP on or after 41 days after publication of the final
results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be equal to the weighted-average dumping
margin established in the final results of this administrative review;
(2) for previously reviewed or investigated companies not listed above,
the cash deposit rate will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which they were reviewed; (3) if the exporter is not a firm covered in
this review, a prior review, or in the investigation but the producer
is, the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be the all-others rate of 3.76 percent.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: October 10, 2019.
Jeffrey I. Kessler,
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. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2019-22667 Filed 10-16-19; 8:45 am]
BILLING CODE 3510-DS-P
