Light-Walled Rectangular Pipe and Tube From Mexico: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2017-2018, 21829-21832 [2020-08300]
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Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Notices
As explained in the previous
administrative review of this
proceeding,7 above, we find that
Hyosung has provided sufficient
evidence, based on the totality of the
circumstances under Commerce’s
successor-in-interest criteria, to
demonstrate that Hyosung Heavy
Industries Corporation is the successorin-interest to Hyosung Corporation.
Accordingly, after the publication of
these final results, we intend to issue
liquidation instructions covering entries
made by Hyosung Heavy Industries
Corporation and Hyosung Corporation
during the POR at the rate established
in these final results.8
We intend to issue assessment
instructions directly to CBP 15 days
after publication of the final results of
this review.
Cash Deposit Requirements
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The following cash deposit
requirements will be effective upon
publication of this notice for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication of these final results, as
provided by section 751(a)(2) of the Act:
(1) The cash deposit rate for
respondents noted above will be equal
to the weighted-average dumping
margins established in the final results
of this administrative review; (2) for
merchandise exported by producers or
exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original investigation, but
the producer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be 22.00
percent, the all-others rate established
in the less-than-fair-value
investigation.9 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
7 See Large Power Transformers from the
Republic of Korea: Final Results of Antidumping
Duty Administrative Review; 2016–2017, 84 FR
16461 (April 19, 2019) (LPTs 16–17 Final), and
accompanying Issues and Decision Memorandum
(IDM) at Comment 22.
8 See Issues and Decision Memorandum at
Comment 7.
9 See Large Power Transformers from the
Republic of Korea: Antidumping Duty Order, 77 FR
53177 (August 31, 2012).
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As explained in the previous
administrative review of this
proceeding,10 above, we find that
Hyosung has provided sufficient
evidence, based on the totality of the
circumstances under Commerce’s
successor-in-interest criteria, to
demonstrate that Hyosung Heavy
Industries Corporation is the successorin-interest to Hyosung Corporation.
Accordingly, we intend to instruct CBP
to continue collecting deposits from
Hyosung Heavy Industries Corporation,
and any entries of merchandise
produced by Hyosung Corporation, at
the rate assigned to Hyosung pursuant
to these final results.11
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during the POR. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
did occur and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/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.
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 351.213(h) and 19 CFR
351.221(b)(5). Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until May 19, 2020, unless
extended.12
10 See
LPTs 16–17 Final IDM at Comment 22.
Issues and Decision Memorandum at
Comment 7.
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020).
11 See
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21829
Dated: April 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Adverse Facts Available
V. Discussion of the Issues
Hyundai-Specific Issues
Comment 1: Application of AFA
(A) Hyundai’s Completeness Failure at
Verification
(B) Hyundai’s Reporting of Sales
Documentation
(C) Hyundai’s Understatement of its Home
Market Gross Unit Prices
(D) Application of Total AFA
Comment 2: Selection of AFA Rate
Comment 3: Reliability of Hyundai’s Cost
Data
Comment 4: Moot Issue
Hyosung-Specific Issues
Comment 5: Ministerial Errors/Programming
Changes
(A) Revenue Capping in the Home
Market—Indirect Selling Expenses
(B) Installation Revenue
(C) Revenue Capping in the U.S. Market—
Storage Revenue
(D) Other Expenses in the U.S. Market
Comment 6: Warranty Expenses
Comment 7: U.S. Customs and Border
Protection (CBP) Instructions
General Issues
Comment 8: Rate for Non-selected
Respondents
VI. Recommendation
[FR Doc. 2020–08302 Filed 4–17–20; 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: Final Results of
Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that sales of lightwalled rectangular pipe and tube
(LWRPT) from Mexico were made at
less than normal value (NV) during the
period August 1, 2017 through July 31,
2018.
DATES: Applicable April 20, 2020.
FOR FURTHER INFORMATION CONTACT:
Samuel Brummitt (Maquilacero) or John
AGENCY:
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Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Notices
Conniff (Regiopytsa), 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.
SUPPLEMENTARY INFORMATION:
Background
This review covers two producers or
exporters of the subject merchandise,
Maquilacero S.A. de C.V. (Maquilacero)
and Regiomontana de Perfiles y Tubos
S.A. de C.V. (Regiopytsa), and 16 firms
that were not selected for individual
examination. Commerce published the
Preliminary Results on October 17,
2019.1 For events subsequent to the
Preliminary Results, see the Issues and
Decision Memorandum.2 Commerce
conducted this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Commerce extended the deadline for
the final results by 60 days.
Accordingly, the deadline for the final
results is now April 14, 2020.3
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Scope of the Order
Imports covered by the Order are
shipments of certain welded carbonquality 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
1 See Light-Walled Rectangular Pipe and Tube
from Mexico: Preliminary Results of Antidumping
Duty Administrative Review and Preliminary
Determination of No Shipments; 2017–2018, 84 FR
55555 (October 17, 2019) (Preliminary Results) and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2017–
2018 Administrative Review of the Antidumping
Duty Order on Light-Walled Rectangular Pipe and
Tube from Mexico,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Light-Walled Rectangular
Pipe and Tube from Mexico: Extension of Time
Limit for Final Results of Antidumping Duty
Administrative Review; 2017–2018,’’ dated January
21, 2020.
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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.
For a full description of the scope of
the order, see Issues and Decision
Memorandum.
Final Determination of No Shipments
In the Preliminary Results, we
preliminarily found that Fabricaciones y
Servicios de Mexico (FASEMEX) had no
shipments of subject merchandise
during the POR. Following the
publication of the Preliminary Results,
we received no comments from
interested parties regarding FASEMEX,
nor has any party submitted record
evidence which would call our
preliminary determination of no
shipments into question. Therefore, for
the final results, we continue to find
that FASEMEX had no shipments of
subject merchandise during the POR.
Accordingly, consistent with
Commerce’s practice, we intend to
instruct U.S. Customs and Border
Protection (CBP) to liquidate any
existing entries of merchandise
produced by FASEMEX, but exported
by other parties, at the rate for the
intermediate reseller, if available, or at
the all-others rate.4
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the Issues and Decision Memorandum.
A list of the issues that parties raised
and to which we responded is attached
to this notice as an Appendix. The
Issues and 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. In addition, a
complete version of the Issues and
4 See, e.g., Magnesium Metal from the Russian
Federation: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 26922, 26923
(May 13, 2010), unchanged in Magnesium Metal
from the Russian Federation: Final Results of
Antidumping Duty Administrative Review, 75 FR
56989 (September 17, 2010).
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Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain changes to
each of the preliminary weightedaverage dumping margins for
Maquilacero and Regiopytsa.5
Final Results of the Review
As a result of this review, Commerce
determines the following weightedaverage dumping margins exist for the
mandatory respondents Maquilacero
and Regiopytsa for the period August 1,
2017 through July 31, 2018. In
accordance with section 735(c)(5)(A) of
the Act, Commerce calculated a
weighted-average dumping margin for
the firms not selected for individual
examination using the weighted-average
dumping margins calculated for the
mandatory respondents, which are not
zero, de minimis, or determined entirely
on the basis of facts available.6
Producer and/or exporter
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 7 .....................
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 ................
Weightedaverage
dumping
margin
(percent)
3.29
3.29
3.29
3.29
3.29
3.29
3.29
3.12
3.29
3.29
3.29
3.29
3.40
3.29
3.29
5 See Issues and Decision Memorandum at
Comments 1, 6, 7, 8, 9, and 10.
6 In the case of two mandatory respondents, our
practice is to calculate: (A) A weighted average of
the dumping margins calculated for the mandatory
respondents; (B) a simple average of the dumping
margins calculated for the mandatory respondents;
and (C) a weighted average of the dumping margins
calculated for the mandatory respondents using
each company’s publicly ranged values for the
merchandise under consideration. We compare (B)
and (C) to (A) and select the rate closest to (A) as
the most appropriate rate for all other companies.
We have applied that practice here. See
Memorandum, ‘‘Antidumping Duty Administrative
Review of Light-Walled Rectangular Pipe and Tube
from Mexico: Calculation of Margin for
Respondents Not Selected for Individual
Examination,’’ dated April 14, 2020.
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Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Notices
Weightedaverage
dumping
margin
(percent)
Producer and/or exporter
Tuberia Laguna, S.A. de C.V ................
Tuberias Aspe .......................................
Tuberias y Derivados S.A de C.V .........
3.29
3.29
3.29
Disclosure of Calculations
We intend to disclose the calculations
performed within five days of the date
of publication of this notice to parties in
this proceeding, in accordance with 19
CFR 351.224(b).
jbell on DSKJLSW7X2PROD with NOTICES
Assessment Rates
Commerce shall determine and CBP
shall assess antidumping duties on all
appropriate entries.8 For each
individually examined respondent
whose weighted-average dumping
margin is not zero or de minimis (i.e.,
less than 0.50 percent), we calculated
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). Upon issuance of the final
results of this administrative review, if
an importer-specific assessment rate
calculated in the final results is not zero
or de minimis, Commerce will issue
instructions directly to CBP to assess
antidumping duties on appropriate
entries. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For each company which was not
individually examined whose weightedaverage dumping margin is not zero or
de minimis, we will instruct CBP to
assess antidumping duties at an ad
valorem rate equal to each company’s
weighted-average dumping margin
noted above. Where a non-examined
company’s weighted-average dumping
margin is zero or de minimis, we will
instruct CBP to liquidate the appropriate
7 See Light-Walled Rectangular Pipe and Tube
from Mexico: Initiation and Expedited Preliminary
Results of Changed Circumstances Review, 82 FR
54322 (November 17, 2017), unchanged in LightWalled Rectangular Pipe and Tube from Mexico:
Final Results of Changed Circumstances Review, 83
FR 13475 (March 29, 2018) (determining that
Perfiles LM, S.A. de C.V. is the successor-in-interest
to Perfiles y Herrajes).
8 In these final results, Commerce applied the
assessment rate calculation method 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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entries without regard to antidumping
duties.
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by each individually
examined respondent for which it did
not know that its merchandise was
destined for the United States, 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.
We intend to issue assessment
instructions directly to CBP 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 notice of final results
of administrative review for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication of the final results of this
administrative review, as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rate for companies noted above
will be equal to the weighted-average
dumping margin established in the final
results of this administrative review; (2)
for merchandise exported by producers
or exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original investigation, but
the producer is, then the cash deposit
rate will be the rate established for the
most recently completed segment of this
proceeding for the manufacturer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be 3.76
percent, the all-others rate established
in the less-than-fair-value
investigation.9
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
9 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).
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21831
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during the POR. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/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.
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 351.213(h) and 351.221(b)(5).
Dated: April 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Final Issues
and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Analysis of Comments
Comment 1: Whether Commerce Should
Apply Its Normal Cost Methodology to
Maquilacero and Regiopytsa
Comment 2: Whether Section 232 Duties
Should Be Deducted From Export Price
Comment 3: Whether Downstream Sales of
Auto Parts Made From LWRPT Are
Subject Merchandise
Comment 4: Whether Downstream Sales of
Auto Parts Were Made at a Different
Level of Trade
Comment 5: Whether Commerce Should
Use Maquilacero’s Home Market Sales to
Its Affiliate in the Final Margin
Calculation
Comment 6: Whether Commerce Should
Correct a Clerical Error in Its Margin
Calculation for Maquilacero
Comment 7: Whether Commerce Should
Apply a ‘‘Transactions Disregarded’’
Adjustment to the Cost of Steel Coil That
Maquilacero purchased From an Affiliate
Comment 8: Whether Commerce Should
Revise Maquilacero’s General and
Administrative (G&A) Expense Ratio
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Comment 9: Whether Commerce Should
Adjust the Costs Maquilacero Assigned
to Non-Prime Products
Comment 10: Whether Commerce Should
Correct Two Clerical Errors in
Regiopytsa’s Margin Calculation
Comment 11: Whether Commerce Should
Assign Perfiles the Weighted-Average
Dumping Margin It Received as a
Mandatory Respondent in the 2013–2014
Administrative Review
V. Recommendation
[FR Doc. 2020–08300 Filed 4–17–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Visiting Committee on Advanced
Technology
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
National Institute of
Standards and Technology (NIST)’s
Visiting Committee on Advanced
Technology (VCAT or Committee) will
meet on Tuesday, June 9, 2020, from
8:30 a.m. to 5:00 p.m. Eastern Time, and
Wednesday, June 10, 2020, from 8:30
a.m. to 12:00 p.m. Eastern Time.
DATES: The VCAT will meet on
Tuesday, June 9, 2020, from 8:30 a.m. to
5:00 p.m. and Wednesday, June 10,
2020, from 8:30 a.m. to 12:00 p.m.
Eastern Time.
ADDRESSES: The meeting will be a
virtual meeting via webinar. Please note
admittance instructions under the
SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT:
Stephanie Shaw, VCAT, NIST, 100
Bureau Drive, Mail Stop 1060,
Gaithersburg, Maryland 20899–1060,
telephone number 301–975–2667. Ms.
Shaw’s email address is
stephanie.shaw@nist.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
jbell on DSKJLSW7X2PROD with NOTICES
Authority: 15 U.S.C. 278, as amended, and
the Federal Advisory Committee Act, as
amended, 5 U.S.C. App.
Pursuant to the Federal Advisory
Committee Act, as amended, 5 U.S.C.
App., notice is hereby given that the
VCAT will meet on Tuesday, June 9,
2020, from 8:30 a.m. to 5:00 p.m.
Eastern Time, and Wednesday, June 10,
2020, from 8:30 a.m. to 12:00 p.m.
Eastern Time. The meeting will be open
to the public. The VCAT is composed of
not fewer than 9 members appointed by
the NIST Director, eminent in such
fields as business, research, new
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18:34 Apr 17, 2020
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product development, engineering,
labor, education, management
consulting, environment, and
international relations. The primary
purpose of this meeting is for the VCAT
to review and make recommendations
regarding general policy for NIST, its
organization, its budget, and its
programs within the framework of
applicable national policies as set forth
by the President and the Congress. The
agenda will include an update on major
programs at NIST including efforts on
technology transfer, AI, cybersecurity
and privacy, quantum science,
advanced communications, and
advanced manufacturing. The agenda
may change to accommodate Committee
business. The final agenda will be
posted on the NIST website at https://
www.nist.gov/director/vcat/agenda.cfm.
Individuals and representatives of
organizations who would like to offer
comments and suggestions related to the
Committee’s business are invited to
request a place on the agenda.
Approximately one-half hour will be
reserved for public comments and
speaking times will be assigned on a
first-come, first-serve basis. The amount
of time per speaker will be determined
by the number of requests received, but
is likely to be about 3 minutes each. The
exact time for public comments will be
included in the final agenda that will be
posted on the NIST website at https://
www.nist.gov/director/vcat/agenda.cfm.
Questions from the public will not be
considered during this period. Speakers
who wish to expand upon their oral
statements, those who had wished to
speak but could not be accommodated
on the agenda, and those who were
unable to attend via webinar are invited
to submit written statements to
Stephanie Shaw at stephanie.shaw@
nist.gov or Jason Boehm at
jason.boehm@nist.gov.
For participants attending via
webinar, please contact Ms. Shaw at
301–975–2667 or stephanie.shaw@
nist.gov for detailed instructions on how
to join the webinar by 5:00 p.m. Eastern
Time, Thursday, June 4, 2020.
Kevin A. Kimball,
Chief of Staff.
[FR Doc. 2020–08346 Filed 4–17–20; 8:45 am]
BILLING CODE 3510–13–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA121]
Fisheries of the Atlantic; Southeast
Data, Assessment, and Review
(SEDAR); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR 65 Assessment
Webinar III for Highly Migratory Species
Atlantic Blacktip Shark.
AGENCY:
The SEDAR 65 assessment of
the Atlantic stock of Blacktip Shark will
consist of a series of workshops and
webinars: Data Workshop; Assessment
Webinars; and a Review workshop.
DATES: The SEDAR 65 Assessment
Webinar III has been scheduled for May
7, 2020, from 1 p.m. to 4 p.m. EDT.
ADDRESSES:
Meeting address: The meeting will be
held via webinar. The webinar is open
to members of the public. Registration is
available online at: https://
attendee.gotowebinar.com/register/
6482335034851547406.
SEDAR address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N
Charleston, SC 29405;
www.sedarweb.org.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Kathleen Howington, SEDAR
Coordinator, 4055 Faber Place Drive,
Suite 201, North Charleston, SC 29405;
phone: (843) 571–4366; email:
Kathleen.Howington@safmc.net.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
Fisheries and the Atlantic and Gulf
States Marine Fisheries Commissions,
have implemented the Southeast Data,
Assessment and Review (SEDAR)
process, a multi-step method for
determining the status of fish stocks in
the Southeast Region. SEDAR is a threestep process including: (1) Data
Workshop; (2) Assessment Process
utilizing webinars; and (3) Review
Workshop. The product of the Data
Workshop is a data report which
compiles and evaluates potential
datasets and recommends which
datasets are appropriate for assessment
analyses. The product of the Assessment
Process is a stock assessment report
which describes the fisheries, evaluates
the status of the stock, estimates
biological benchmarks, projects future
E:\FR\FM\20APN1.SGM
20APN1
]]>Agencies
[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Notices]
[Pages 21829-21832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08300]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Final Results
of Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that sales of
light-walled rectangular pipe and tube (LWRPT) from Mexico were made at
less than normal value (NV) during the period August 1, 2017 through
July 31, 2018.
DATES: Applicable April 20, 2020.
FOR FURTHER INFORMATION CONTACT: Samuel Brummitt (Maquilacero) or John
[[Page 21830]]
Conniff (Regiopytsa), 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.
SUPPLEMENTARY INFORMATION:
Background
This review covers two producers or exporters of the subject
merchandise, Maquilacero S.A. de C.V. (Maquilacero) and Regiomontana de
Perfiles y Tubos S.A. de C.V. (Regiopytsa), and 16 firms that were not
selected for individual examination. Commerce published the Preliminary
Results on October 17, 2019.\1\ For events subsequent to the
Preliminary Results, see the Issues and Decision Memorandum.\2\
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
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\1\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2017-2018, 84 FR 55555
(October 17, 2019) (Preliminary Results) and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2017-2018 Administrative Review of the
Antidumping Duty Order on Light-Walled Rectangular Pipe and Tube
from Mexico,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Commerce extended the deadline for the final results by 60 days.
Accordingly, the deadline for the final results is now April 14,
2020.\3\
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\3\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube
from Mexico: Extension of Time Limit for Final Results of
Antidumping Duty Administrative Review; 2017-2018,'' dated January
21, 2020.
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Scope of the Order
Imports covered by the Order are shipments of 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.
For a full description of the scope of the order, see Issues and
Decision Memorandum.
Final Determination of No Shipments
In the Preliminary Results, we preliminarily found that
Fabricaciones y Servicios de Mexico (FASEMEX) had no shipments of
subject merchandise during the POR. Following the publication of the
Preliminary Results, we received no comments from interested parties
regarding FASEMEX, nor has any party submitted record evidence which
would call our preliminary determination of no shipments into question.
Therefore, for the final results, we continue to find that FASEMEX had
no shipments of subject merchandise during the POR. Accordingly,
consistent with Commerce's practice, we intend to instruct U.S. Customs
and Border Protection (CBP) to liquidate any existing entries of
merchandise produced by FASEMEX, but exported by other parties, at the
rate for the intermediate reseller, if available, or at the all-others
rate.\4\
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\4\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues that parties raised and to which we
responded is attached to this notice as an Appendix. The Issues and
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. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
on the internet at https://enforcement.trade.gov/frn/. The
signed Issues and Decision Memorandum and the electronic versions of
the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to each of the preliminary weighted-average dumping margins for
Maquilacero and Regiopytsa.\5\
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\5\ See Issues and Decision Memorandum at Comments 1, 6, 7, 8,
9, and 10.
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Final Results of the Review
As a result of this review, Commerce determines the following
weighted-average dumping margins exist for the mandatory respondents
Maquilacero and Regiopytsa for the period August 1, 2017 through July
31, 2018. In accordance with section 735(c)(5)(A) of the Act, Commerce
calculated a weighted-average dumping margin for the firms not selected
for individual examination using the weighted-average dumping margins
calculated for the mandatory respondents, which are not zero, de
minimis, or determined entirely on the basis of facts available.\6\
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\6\ In the case of two mandatory respondents, our practice is to
calculate: (A) A weighted average of the dumping margins calculated
for the mandatory respondents; (B) a simple average of the dumping
margins calculated for the mandatory respondents; and (C) a weighted
average of the dumping margins calculated for the mandatory
respondents using each company's publicly ranged values for the
merchandise under consideration. We compare (B) and (C) to (A) and
select the rate closest to (A) as the most appropriate rate for all
other companies. We have applied that practice here. See Memorandum,
``Antidumping Duty Administrative Review of Light-Walled Rectangular
Pipe and Tube from Mexico: Calculation of Margin for Respondents Not
Selected for Individual Examination,'' dated April 14, 2020.
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping
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..................................... 3.12
Nacional de Acero S.A. de C.V............................... 3.29
PEASA-Productos Especializados de Acero..................... 3.29
Perfiles LM, S.A. de C.V \7\................................ 3.29
Productos Laminados de Monterrey S.A. de C.V................ 3.29
Regiomontana de Perfiles y Tubos S.A. de C.V................ 3.40
Talleres Acero Rey S.A. de C.V.............................. 3.29
Ternium Mexico S.A. de C.V.................................. 3.29
[[Page 21831]]
Tuberia Laguna, S.A. de C.V................................. 3.29
Tuberias Aspe............................................... 3.29
Tuberias y Derivados S.A de C.V............................. 3.29
------------------------------------------------------------------------
Disclosure of Calculations
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\7\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Initiation and Expedited Preliminary Results of Changed
Circumstances Review, 82 FR 54322 (November 17, 2017), unchanged in
Light-Walled Rectangular Pipe and Tube from Mexico: Final Results of
Changed Circumstances Review, 83 FR 13475 (March 29, 2018)
(determining that Perfiles LM, S.A. de C.V. is the successor-in-
interest to Perfiles y Herrajes).
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We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this
proceeding, in accordance with 19 CFR 351.224(b).
Assessment Rates
Commerce shall determine and CBP shall assess antidumping duties on
all appropriate entries.\8\ For each individually examined respondent
whose weighted-average dumping margin is not zero or de minimis (i.e.,
less than 0.50 percent), we calculated 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). Upon
issuance of the final results of this administrative review, if an
importer-specific assessment rate calculated in the final results is
not zero or de minimis, Commerce will issue instructions directly to
CBP to assess antidumping duties on appropriate entries. Where either
the respondent's weighted-average dumping margin is zero or de minimis,
or an importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
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\8\ In these final results, Commerce applied the assessment rate
calculation method 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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For each company which was not individually examined whose
weighted-average dumping margin is not zero or de minimis, we will
instruct CBP to assess antidumping duties at an ad valorem rate equal
to each company's weighted-average dumping margin noted above. Where a
non-examined company's weighted-average dumping margin is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
individually examined respondent for which it did not know that its
merchandise was destined for the United States, 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.
We intend to issue assessment instructions directly to CBP 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 notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section 751(a)(2)
of the Act: (1) The cash deposit rate for companies noted above will be
equal to the weighted-average dumping margin established in the final
results of this administrative review; (2) for merchandise exported by
producers or exporters not covered in this administrative review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recently completed segment of this proceeding; (3) if the exporter is
not a firm covered in this review, a prior review, or the original
investigation, but the producer is, then the cash deposit rate will be
the rate established for the most recently completed segment of this
proceeding for the manufacturer of the subject merchandise; and (4) the
cash deposit rate for all other producers or exporters will continue to
be 3.76 percent, the all-others rate established in the less-than-fair-
value investigation.\9\
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\9\ 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).
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/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.
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 351.213(h) and
351.221(b)(5).
Dated: April 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Analysis of Comments
Comment 1: Whether Commerce Should Apply Its Normal Cost
Methodology to Maquilacero and Regiopytsa
Comment 2: Whether Section 232 Duties Should Be Deducted From
Export Price
Comment 3: Whether Downstream Sales of Auto Parts Made From
LWRPT Are Subject Merchandise
Comment 4: Whether Downstream Sales of Auto Parts Were Made at a
Different Level of Trade
Comment 5: Whether Commerce Should Use Maquilacero's Home Market
Sales to Its Affiliate in the Final Margin Calculation
Comment 6: Whether Commerce Should Correct a Clerical Error in
Its Margin Calculation for Maquilacero
Comment 7: Whether Commerce Should Apply a ``Transactions
Disregarded'' Adjustment to the Cost of Steel Coil That Maquilacero
purchased From an Affiliate
Comment 8: Whether Commerce Should Revise Maquilacero's General
and Administrative (G&A) Expense Ratio
[[Page 21832]]
Comment 9: Whether Commerce Should Adjust the Costs Maquilacero
Assigned to Non-Prime Products
Comment 10: Whether Commerce Should Correct Two Clerical Errors
in Regiopytsa's Margin Calculation
Comment 11: Whether Commerce Should Assign Perfiles the
Weighted-Average Dumping Margin It Received as a Mandatory
Respondent in the 2013-2014 Administrative Review
V. Recommendation
[FR Doc. 2020-08300 Filed 4-17-20; 8:45 am]
BILLING CODE 3510-DS-P
