Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2017-2018, 63610-63612 [2019-24852]
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63610
Federal Register / Vol. 84, No. 222 / Monday, November 18, 2019 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–847]
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes From
Mexico: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the producers/exporters subject to
this administrative review made sales of
subject merchandise at less than normal
value (NV). Interested parties are invited
to comment on these preliminary results
of review.
DATES: Applicable November 18, 2019.
FOR FURTHER INFORMATION CONTACT:
Brittany Bauer or Jacob Garten, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3860 or (202) 482–3342,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On November 15, 2018, based on
timely requests for review, in
accordance with 19 CFR
351.221(c)(1)(i), we initiated an
administrative review on heavy walled
rectangular welded carbon steel pipes
and tubes from Mexico.1 This review
covers 11 producers and exporters of the
subject merchandise. Commerce
selected two companies, Maquilacero,
S.A. de C.V. (Maquilacero) and
Productos Laminados de Monterrey,
S.A. de C.V. (Prolamsa), for individual
examination. The producers and/or
exporters not selected for individual
examination are listed in the
‘‘Preliminary Results of the Review’’
section of this notice.
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,
2019.2 On June 10, 2019, Commerce
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
57411 (November 15, 2018).
2 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
VerDate Sep<11>2014
17:41 Nov 15, 2019
Jkt 250001
extended the preliminary results of this
review by 117 days, until November 6,
2019.3 For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.
Scope of the Order
The products covered by the order are
certain heavy walled rectangular welded
steel pipes and tubes from Mexico.
Products subject to the order are
currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) item number
7306.61.1000. Subject merchandise may
also be classified under 7306.61.3000.
Although the HTSUS numbers and
ASTM specification are provided for
convenience and for customs purposes,
the written product description remains
dispositive.4
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Export price and
constructed export price are calculated
in accordance with section 772 of the
Act. NV is calculated in accordance
with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and to all
parties in the Central Records Unit,
Room B8024 of the main Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content. A list of the
topics discussed in the Preliminary
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.
3 See Memorandum, ‘‘Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from Mexico:
Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,’’ dated
June 10, 2019.
4 For a full description of the scope of the order,
see Memorandum, ‘‘Decision Memorandum for the
Preliminary Results of the 2017–2018
Administrative Review of the Antidumping Duty
Order on Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from Mexico,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Decision Memorandum is attached as an
appendix to this notice.
Preliminary Determination of No
Shipments
Two of the companies under review,
Ternium Me´xico, S.A. de C.V.
(Ternium) and Tuberia Nacional S.A. de
C.V. (TUNA), timely filed statements
reporting that they made no shipments
of subject merchandise to the United
States during the period of review
(POR). Based on the certifications
submitted by Ternium and TUNA and
our analysis of U.S. Customs and Border
Protection (CBP) information, we
preliminarily determine that Ternium
and TUNA had no shipments during the
POR.5 Commerce finds that it is not
appropriate to preliminarily rescind the
review with respect to these companies,
but rather to complete the review with
respect to them and issue appropriate
instructions to CBP based on the final
results of this review.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine that the
following weighted-average dumping
margins exist for the respondents for the
period September 1, 2017 through
August 31, 2018:
Exporter/producer
Weightedaverage
dumping
margin
(percent)
Maquilacero, S.A. de C.V ...........
Productos Laminados de
Monterrey, S.A. de C.V ...........
4.08
0.80
Review-Specific Average Rate
Applicable to the Following
Companies: 6
Exporter/producer
Arco Metal, S.A. de C.V .............
Forza Steel, S.A. de C.V ............
Industrias Monterrey, S.A. de
C.V ..........................................
Perfiles y Herrajes LM, S.A. de
C.V ..........................................
Weightedaverage
dumping
margin
(percent)
1.85
1.85
1.85
1.85
5 See Ternium’s Letter, ‘‘Attn: Enforcement and
Compliance,’’ dated December 10, 2018; and
TUNA’s Letter, ‘‘Heavy Walled Rectangular Weld
Carbon Steel Pipes and Tubes from Mexico: Notice
of No Sales,’’ dated December 14, 2018; see also
Memorandum, ‘‘Heavy Walled Rectangular Welded
Carbon Steel Pipes from Mexico (A–201–847),’’
dated October 1, 2019.
6 This rate is based on the rates for the
respondents that were selected for individual
review, excluding rates that are zero, de minimis,
or based entirely on facts available. See section
735(c)(5)(A) of the Act.
E:\FR\FM\18NON1.SGM
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Federal Register / Vol. 84, No. 222 / Monday, November 18, 2019 / Notices
Exporter/producer
Weightedaverage
dumping
margin
(percent)
publication of this notice, unless
otherwise extended.14
Assessment Rates
Upon completion of the
PYTCO, S.A. de C.V ..................
1.85 administrative review, Commerce shall
determine, and CBP shall assess,
Regiomontana de Perfiles y
Tubos, S.A. de C.V .................
1.85 antidumping duties on all appropriate
Tuberias Procarsa S.A. de C.V ..
1.85 entries.15
Pursuant to 19 CFR 351.212(b)(1),
where Maquilacero and Prolamsa
Disclosure and Public Comment
reported the entered value of their U.S.
Commerce intends to disclose the
sales, we calculated importer-specific
calculations performed in connection
ad valorem duty assessment rates based
with these preliminary results to
on the ratio of the total amount of
interested parties within five days after
dumping calculated for the examined
the date of publication of this notice.7
sales to the total entered value of the
Interested parties may submit case briefs sales for which entered value was
to Commerce no later than 30 days after reported. Where either the respondent’s
the date of publication of this notice.8
weighted-average dumping margin is
Rebuttal briefs, limited to issues raised
zero or de minimis within the meaning
in the case briefs, may be filed no later
of 19 CFR 351.106(c)(1), or an importerthan five days after the time limit for
specific rate is zero or de minimis, we
filing case briefs.9 Parties who submit
will instruct CBP to liquidate the
case briefs or rebuttal briefs in this
appropriate entries without regard to
proceeding are encouraged to submit
antidumping duties.
with each argument: (1) A statement of
For the companies which were not
the issue; (2) a brief summary of the
selected for individual review, we will
argument; and (3) a table of
assign an assessment rate based on the
authorities.10 Case and rebuttal briefs
average 16 of the cash deposit rates
should be filed using ACCESS.11
calculated for Maquilacero and
Pursuant to 19 CFR 351.310(c),
Prolamsa, excluding any which are zero
interested parties who wish to request a or de minimis or determined entirely
hearing must submit a written request to based on adverse facts available. The
the Assistant Secretary for Enforcement
final results of this review shall be the
and Compliance, U.S. Department of
basis for the assessment of antidumping
Commerce, filed electronically via
duties on entries of merchandise
ACCESS within 30 days after the date of covered by the final results of this
publication of this notice.12 Hearing
review and for future deposits of
requests should contain: (1) The party’s
estimated duties, where applicable.
Commerce’s ‘‘automatic assessment’’
name, address, and telephone number;
will apply to entries of subject
(2) the number of participants; and (3)
merchandise during the POR produced
a list of issues to be discussed. Issues
by companies included in these final
raised in the hearing will be limited to
results of review for which the reviewed
issues raised in the briefs. If a request
companies did not know that the
for a hearing is made, parties will be
merchandise they sold to the
notified of the time and date for the
intermediary (e.g., a reseller, trading
hearing to be held at the U.S.
company, or exporter) was destined for
Department of Commerce, 1401
the United States. In such instances, we
Constitution Avenue NW, Washington,
will instruct CBP to liquidate
DC 20230.13
unreviewed entries at the all-others rate
An electronically-filed document
if there is no rate for the intermediate
must be received successfully in its
company(ies) involved in the
entirety by ACCESS by 5:00 p.m.
transaction.17
Eastern Time on the established
Further, if we continue to find in the
deadline.
final results that Ternium and TUNA
Commerce intends to issue the final
had no shipments of subject
results of this administrative review,
merchandise during the POR, we will
including the results of its analysis of
instruct CBP to liquidate any suspended
issues raised in any written briefs, not
entries that entered under their
later than 120 days after the date of
7 See
19 CFR 351.224(b).
8 See 19 CFR 351.309(c).
9 See 19 CFR 351.309(d).
10 See 19 CFR 351.309(c)(2) and (d)(2).
11 See 19 CFR 351.303.
12 See 19 CFR 351.310(c).
13 See 19 CFR 351.310(d).
VerDate Sep<11>2014
17:41 Nov 15, 2019
Jkt 250001
14 See
section 751(a)(3)(A) of the Act.
19 CFR 351.212(b).
16 This rate was calculated as discussed in
footnote 6, above.
17 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
15 See
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
63611
antidumping duty case numbers (i.e., at
that exporter’s rate) at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for the exporters listed
above will be equal to the weightedaverage dumping margin established in
the final results of this review, except if
the rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for companies not participating
in this review, the cash deposit rate will
continue to be the company-specific
cash deposit rate published for the most
recently completed segment; (3) if the
exporter is not a firm covered in this
review, or the original less-than-fairvalue (LTFV) investigation, but the
producer is, the cash deposit rate will be
the cash deposit rate established for the
most recently completed segment for the
producer of the merchandise; and (4)
the cash deposit rate for all other
producers or exporters will continue to
be 4.91 percent, the all-others rate
established in the LTFV investigation.18
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
18 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from Mexico: Final
Determination of Sales at Less Than Fair Value, 81
FR 47352, 47353 (July 21, 2016).
E:\FR\FM\18NON1.SGM
18NON1
63612
Federal Register / Vol. 84, No. 222 / Monday, November 18, 2019 / Notices
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: November 6, 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. Companies Not Selected for Individual
Examination
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2019–24852 Filed 11–15–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–913]
Certain New Pneumatic Off-The-Road
Tires From the People’s Republic of
China: Preliminary Results and Partial
Rescission of the Countervailing Duty
Administrative Review; 2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
new pneumatic off-the-road tires from
the People’s Republic of China (China).
In addition, we are rescinding this
review with respect to three companies.
The period of review (POR) is January
1, 2017 through December 31, 2017.
Interested parties are invited to
comment on these preliminary results.
SUMMARY:
DATES:
Applicable November 18, 2019.
FOR FURTHER INFORMATION CONTACT:
Chien-Min Yang or Jack Zhao, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5484 or (202) 482–1396,
respectively.
Scope of the Order
The products covered by the order are
new pneumatic tires designed for offthe-road (OTR) and off-highway use. For
a full description of the scope of this
VerDate Sep<11>2014
17:41 Nov 15, 2019
Jkt 250001
order, see the Preliminary Decision
Memorandum.1
Methodology
On September 4, 2008, Commerce
issued a countervailing duty order on
new pneumatic tires designed for OTR
and off-highway use.2 Commerce is
conducting this administrative review
in accordance with section 751(a)(1)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found countervailable, we
preliminarily find that there is a subsidy
(i.e., a financial contribution from an
authority that gives rise to a benefit to
the recipient) and that the subsidy is
specific.3
For a full description of the
methodology underlying our
preliminary conclusions, including our
reliance, in part, on adverse facts
otherwise available, pursuant to
sections 776(a) and (b) of the Act, see
the Preliminary Decision Memorandum.
A list of topics discussed in the
Preliminary Decision Memorandum is
provided in the appendix to this notice.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the Central
Records Unit, room B8024 of the main
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party or parties that
requested a review withdraws the
request within 90 days of the
publication date of the notice of
initiation of the requested review. On
1 See ‘‘Decision Memorandum for the Preliminary
Results and Partial Rescission of the Countervailing
Duty Administrative Review of Certain New
Pneumatic Off-The-Road Tires from the People’s
Republic of China; 2017,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
2 See Certain New Pneumatic Off-the-Road Tires
from the People’s Republic of China: Countervailing
Duty Order, 73 FR 51627 (September 4, 2008) (OTR
Tires China CVD Order).
3 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 00008
Fmt 4703
Sfmt 4703
September 28, 2018, we received timely
requests to conduct an administrative
review from Triangle Tyre Co., Ltd.
(Triangle), Laizhou Xiongying Rubber
Industry Co., Ltd. (Xiongying), and
Qingdao Jinhaoyang International Co.,
Ltd. (Jinhaoyang).4 On October 1, 2018,
Super Grip Corporation and Weihai
Zhongwei Rubber Co., Ltd. (Zhongwei)
each filed requests that Zhongwei be
reviewed.5 Xiongying, Jinhaoyang, and
Triangle each timely submitted
withdrawal requests within 90 days of
the publication date of the notice of
initiation. No other parties requested an
administrative review of the order with
respect to these entities. Therefore, in
accordance with 19 CFR 351.213(d)(1),
Commerce is rescinding this
administrative review of the OTR Tires
China CVD Order with respect to these
three parties.
Preliminary Results of Review
As a result of this review, we
preliminarily determine that, during the
period January 1, 2017 through
December 31, 2017, the following
estimated countervailable subsidy rate
exists:
Company
Subsidy
rate
(percent)
Weihai Zhongwei Rubber Co.,
Ltd. (Zhongwei) .......................
24.49
Disclosure and Public Comment
Commerce will disclose to parties to
this proceeding the calculations
performed in reaching the preliminary
results within five days of the date of
publication of these preliminary
results.6 Interested parties may submit
written comments (case briefs) within
30 days of publication of the
preliminary results and rebuttal
comments (rebuttal briefs) within five
days after the time limit for filing case
briefs.7 Rebuttal briefs must be limited
4 See Triangle’s Letter, ‘‘New Pneumatic Off-theRoad Tires from the People’s Republic of China:
Request for Administrative Review,’’ dated
September 28, 2018; Xiongying’s Letter, ‘‘Certain
New Pneumatic Off-the-Road Tires from the
People’s Republic of China: Request for Review,’’
dated September 28, 2018; and Jinhaoyang’s Letter,
‘‘Jinhaoyang’s Request for CVD Administrative
Review Certain New Pneumatic Off-the-Road Tires
from China (C–570–913),’’ dated September 28,
2018.
5 See Super Grip’s Letter, ‘‘New Pneumatic Offthe-Road Tires People’s Republic of China Request
for Administrative Review,’’ dated October 1, 2018;
see also Zhongwei’s Letter, ‘‘New Pneumatic Offthe-Road Tires from the People’s Republic of China:
Request for Administrative Review,’’ dated October
1, 2018.
6 See 19 CFR 351.224(b).
7 See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
E:\FR\FM\18NON1.SGM
18NON1
]]>Agencies
[Federal Register Volume 84, Number 222 (Monday, November 18, 2019)]
[Notices]
[Pages 63610-63612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24852]
[[Page 63610]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-847]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
Mexico: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the producers/exporters subject to this administrative review made
sales of subject merchandise at less than normal value (NV). Interested
parties are invited to comment on these preliminary results of review.
DATES: Applicable November 18, 2019.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer or Jacob Garten, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3860 or (202) 482-3342,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 15, 2018, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review on heavy walled rectangular welded carbon steel pipes and tubes
from Mexico.\1\ This review covers 11 producers and exporters of the
subject merchandise. Commerce selected two companies, Maquilacero, S.A.
de C.V. (Maquilacero) and Productos Laminados de Monterrey, S.A. de
C.V. (Prolamsa), for individual examination. The producers and/or
exporters not selected for individual examination are listed in the
``Preliminary Results of the Review'' section of this notice.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411 (November 15, 2018).
---------------------------------------------------------------------------
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.\2\ On June 10, 2019,
Commerce extended the preliminary results of this review by 117 days,
until November 6, 2019.\3\ For a complete description of the events
that followed the initiation of this review, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\2\ 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.
\3\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from Mexico: Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated June 10, 2019.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are certain heavy walled
rectangular welded steel pipes and tubes from Mexico. Products subject
to the order are currently classified under the Harmonized Tariff
Schedule of the United States (HTSUS) item number 7306.61.1000. Subject
merchandise may also be classified under 7306.61.3000. Although the
HTSUS numbers and ASTM specification are provided for convenience and
for customs purposes, the written product description remains
dispositive.\4\
---------------------------------------------------------------------------
\4\ For a full description of the scope of the order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of the
2017-2018 Administrative Review of the Antidumping Duty Order on
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from
Mexico,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price and constructed export price are calculated in accordance
with section 772 of the Act. NV is calculated in accordance with
section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and to all parties in the
Central Records Unit, Room B8024 of the main Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and electronic versions of the Preliminary Decision Memorandum are
identical in content. A list of the topics discussed in the Preliminary
Decision Memorandum is attached as an appendix to this notice.
Preliminary Determination of No Shipments
Two of the companies under review, Ternium M[eacute]xico, S.A. de
C.V. (Ternium) and Tuberia Nacional S.A. de C.V. (TUNA), timely filed
statements reporting that they made no shipments of subject merchandise
to the United States during the period of review (POR). Based on the
certifications submitted by Ternium and TUNA and our analysis of U.S.
Customs and Border Protection (CBP) information, we preliminarily
determine that Ternium and TUNA had no shipments during the POR.\5\
Commerce finds that it is not appropriate to preliminarily rescind the
review with respect to these companies, but rather to complete the
review with respect to them and issue appropriate instructions to CBP
based on the final results of this review.
---------------------------------------------------------------------------
\5\ See Ternium's Letter, ``Attn: Enforcement and Compliance,''
dated December 10, 2018; and TUNA's Letter, ``Heavy Walled
Rectangular Weld Carbon Steel Pipes and Tubes from Mexico: Notice of
No Sales,'' dated December 14, 2018; see also Memorandum, ``Heavy
Walled Rectangular Welded Carbon Steel Pipes from Mexico (A-201-
847),'' dated October 1, 2019.
---------------------------------------------------------------------------
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margins exist for the respondents
for the period September 1, 2017 through August 31, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Maquilacero, S.A. de C.V.................................... 4.08
Productos Laminados de Monterrey, S.A. de C.V............... 0.80
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies:
\6\
---------------------------------------------------------------------------
\6\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis, or based entirely on facts available. See section
735(c)(5)(A) of the Act.
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Arco Metal, S.A. de C.V..................................... 1.85
Forza Steel, S.A. de C.V.................................... 1.85
Industrias Monterrey, S.A. de C.V........................... 1.85
Perfiles y Herrajes LM, S.A. de C.V......................... 1.85
[[Page 63611]]
PYTCO, S.A. de C.V.......................................... 1.85
Regiomontana de Perfiles y Tubos, S.A. de C.V............... 1.85
Tuberias Procarsa S.A. de C.V............................... 1.85
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\7\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\8\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than five days
after the time limit for filing case briefs.\9\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\10\ Case and rebuttal
briefs should be filed using ACCESS.\11\
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(c).
\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\12\ Hearing requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, parties will be notified of the time and
date for the hearing to be held at the U.S. Department of Commerce,
1401 Constitution Avenue NW, Washington, DC 20230.\13\
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310(d).
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An electronically-filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\14\
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\14\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries.\15\
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\15\ See 19 CFR 351.212(b).
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Pursuant to 19 CFR 351.212(b)(1), where Maquilacero and Prolamsa
reported the entered value of their U.S. sales, we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of the sales for which entered value was reported. Where
either the respondent's weighted-average dumping margin is zero or de
minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-
specific rate is zero or de minimis, we will instruct CBP to liquidate
the appropriate entries without regard to antidumping duties.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the average \16\ of the cash
deposit rates calculated for Maquilacero and Prolamsa, excluding any
which are zero or de minimis or determined entirely based on adverse
facts available. The final results of this review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by the final results of this review and for future deposits of
estimated duties, where applicable.
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\16\ This rate was calculated as discussed in footnote 6, above.
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Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed companies did not
know that the merchandise they sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\17\
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\17\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Further, if we continue to find in the final results that Ternium
and TUNA had no shipments of subject merchandise during the POR, we
will instruct CBP to liquidate any suspended entries that entered under
their antidumping duty case numbers (i.e., at that exporter's rate) at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the exporters
listed above will be equal to the weighted- average dumping margin
established in the final results of this review, except if the rate is
less than 0.50 percent and, therefore, de minimis within the meaning of
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(2) for companies not participating in this review, the cash deposit
rate will continue to be the company-specific cash deposit rate
published for the most recently completed segment; (3) if the exporter
is not a firm covered in this review, or the original less-than-fair-
value (LTFV) investigation, but the producer is, the cash deposit rate
will be the cash deposit rate established for the most recently
completed segment for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
4.91 percent, the all-others rate established in the LTFV
investigation.\18\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\18\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from Mexico: Final Determination of Sales at Less Than Fair
Value, 81 FR 47352, 47353 (July 21, 2016).
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
[[Page 63612]]
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 6, 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. Companies Not Selected for Individual Examination
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2019-24852 Filed 11-15-19; 8:45 am]
BILLING CODE 3510-DS-P
