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]

Download as PDF 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 jbell on DSKJLSW7X2PROD with NOTICES 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requirements will be effective upon publication of this notice for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of these final results, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for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). VerDate Sep<11>2014 18:34 Apr 17, 2020 Jkt 250001 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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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: E:\FR\FM\20APN1.SGM 20APN1 21830 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 jbell on DSKJLSW7X2PROD with NOTICES 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. VerDate Sep<11>2014 18:34 Apr 17, 2020 Jkt 250001 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). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn/index.html. 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. E:\FR\FM\20APN1.SGM 20APN1 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). VerDate Sep<11>2014 18:34 Apr 17, 2020 Jkt 250001 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). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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 E:\FR\FM\20APN1.SGM 20APN1 21832 Federal Register / Vol. 85, No. 76 / Monday, April 20, 2020 / Notices 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 VerDate Sep<11>2014 18:34 Apr 17, 2020 Jkt 250001 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 http:// 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 http:// 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 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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).
---------------------------------------------------------------------------

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

    Commerce extended the deadline for the final results by 60 days. 
Accordingly, the deadline for the final results is now April 14, 
2020.\3\
---------------------------------------------------------------------------

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

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

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

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 http://enforcement.trade.gov/frn/index.html. 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