Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2017-2018, 41962-41964 [2020-15054]
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41962
Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Notices
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: July 6, 2020.
Jeffrey I. Kessler
Assistant Secretary for Enforcement and
Compliance.
jbell on DSKJLSW7X2PROD with NOTICES
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is tolyltriazole and
benzotriazole. This includes tolyltriazole and
benzotriazole of all grades and forms,
including their sodium salt forms.
Tolyltriazole is technically known as
Tolyltriazole IUPAC 4,5 methyl
benzotriazole. It can also be identified as 4,5
methyl benzotriazole, tolutriazole, TTA, and
TTZ.
Benzotriazole is technically known as
IUPAC 1,2,3-Benzotriazole. It can also be
identified as 1,2,3-Benzotriazole, 1,2Aminozophenylene, lH-Benzotriazole, and
BTA.
All forms of tolyltriazole and
benzotriazole, including but not limited to
flakes, granules, pellets, prills, needles,
powder, or liquids, are included within the
scope of this investigation.
The scope includes tolyltriazole/sodium
tolyltriazole and benzotriazole/sodium
benzotriazole that are combined or mixed
with other products. For such combined
products, only the tolyltriazole/sodium
tolyltriazole and benzotriazole/sodium
benzotriazole component is covered by the
scope of this investigation. Tolyltriazole and
sodium tolyltriazole that have been
combined with other products is included
within the scope, regardless of whether the
combining occurs in third countries.
Tolyltriazole, sodium tolyltriazole,
benzotriazole and sodium benzotriazole that
is otherwise subject to this investigation is
not excluded when commingled with
tolyltriazole, sodium tolyltriazole,
benzotriazole, or sodium benzotriazole from
sources not subject to this investigation. Only
the subject merchandise component of such
commingled products is covered by the scope
of this investigation.
A combination or mixture is excluded from
this investigation if the total tolyltriazole or
benzotriazole component of the combination
or mixture (regardless of the source or
sources) comprises less than 5 percent of the
combination or mixture, on a dry weight
basis.
Notwithstanding the foregoing language, a
tolyltriazole or benzotriazole combination or
mixture that is transformed through a
chemical reaction into another product, such
that, for example, the tolyltriazole or
benzotriazole can no longer be separated
from the other products through a distillation
or other process is excluded from this
investigation.
Tolyltriazole has the Chemical Abstracts
Service (CAS) registry number 299385–43–1.
Tolyltriazole is classified under Harmonized
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Tariff Schedule of the United States (HTSUS)
subheading 2933.99.8220.
Sodium Tolyltriazole has the CAS registry
number 64665–57–2 and is classified under
HTSUS subheading 2933.99.8290.
Benzotriazole has the CAS registry number
95–14–7 and is classified under HTSUS
subheading 2933.99.8210.
Sodium Benzotriazole has the CAS registry
number 15217–42–2. Sodium Benzotriazole
is classified under HTSUS subheading
2933.99.8290.
Although the HTSUS subheadings and
CAS registry numbers are provided for
convenience and customs purposes, the
written description of the scope of this
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. New Subsidy Allegations
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Benchmarks
IX. Analysis of Programs
X. Calculation of All-Others Rate
XI. ITC Notification
XII. Disclosure and Public Comments
XIII. Verification
XIV. Recommendation
[FR Doc. 2020–15053 Filed 7–10–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–847]
Heavy Walled Rectangular Welded
Carbon Steel Pipes and Tubes 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 the producers/
exporters subject to this administrative
review made sales of subject
merchandise at less than normal value
during the period of review (POR),
September 1, 2017 through August 31,
2018.
DATES: Applicable July 13, 2020.
FOR FURTHER INFORMATION CONTACT:
David Crespo or Jacob Garten, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
AGENCY:
PO 00000
Frm 00025
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(202) 482–3693 or (202) 482–3342,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers 11 producers/
exporters of the subject merchandise.
Commerce selected two companies,
Maquilacero S.A. de C.V. (Maquilacero)
and Productos Laminados de Monterrey
S.A. de C.V. (Prolamsa) (collectively, the
respondents), for individual
examination. The producers/exporters
not selected for individual examination
are listed in the ‘‘Final Results of the
Review’’ section of this notice.
On November 18, 2019, Commerce
published the Preliminary Results.1 We
invited interested parties to comment on
the Preliminary Results.2 On December
18, 2019, Independence Tube
Corporation and Southland Tube,
Incorporated, both Nucor companies
(collectively, domestic parties), and
Maquilacero filed case briefs 3. On
December 23, 2019, the domestic
parties, Prolamsa, and Maquilacero all
filed rebuttal briefs.4 For a description
of the events that occurred since the
preliminary results, see the Issues and
Decision Memorandum.5 On February
11, 2020, we postponed the final results
by 59 days after the publication of the
Preliminary Results, until May 15,
2020.6 On April 24, 2020, Commerce
tolled all deadlines in administrative
1 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from Mexico: Preliminary
Results of Antidumping Duty Administrative
Review and Preliminary Determination of No
Shipments; 2017–2018, 84 FR 63610 (November 18,
2019) (Preliminary Results).
2 Id.
3 See Domestic Parties’ Case Brief, ‘‘Heavy-Walled
Rectangular Welded Carbon Steel Pipes and Tubes
from Mexico: Case Brief and Request to Participate
in Hearing if Held,’’ dated December 18, 2019; and
Maquilacero’s Case Brief, ‘‘Heavy Walled
Rectangular Welded Carbon Steel Pipes from
Mexico: Case Brief of Maquilacero S.A. de C.V.,’’
dated December 18, 2019.
4 See Domestic Parties’ Rebuttal Brief, ‘‘Heavy
Walled Rectangular Welded Carbon Steel Pipes and
Tubes from Mexico: Rebuttal Brief,’’ dated
December 23, 2019; Maquilacero’s Rebuttal Brief,
‘‘Heavy Walled Rectangular Welded Carbon Steel
Pipes and Tubes from Mexico: Rebuttal Brief,’’
dated December 23, 2020; and Prolamsa’s Rebuttal
Brief, ‘‘Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from Mexico: Rebuttal Brief
and Request to Participate in Hearing, if Held,’’
dated December 23, 2019.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Antidumping Duty
Administrative Review: Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from Mexico;
2017–2018,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
6 See Memorandum, ‘‘Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from Mexico:
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’ dated
February 11, 2020.
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Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Notices
reviews by 50 days, thereby extending
the deadline for these final results until
July 6, 2020.7
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
cope of the Order
The merchandise subject to the order
is certain heavy walled rectangular
welded steel pipes and tubes of
rectangular (including square) cross
section, having a nominal wall
thickness of not less than 4 mm. The
merchandise includes, but is not limited
to, the American Society for Testing and
Materials (ASTM) A–500, grade B
specifications, or comparable domestic
or foreign specifications. Included
products are those in which: (1) Iron
predominates, by weight, over each of
the other contained elements; (2) the
carbon content is 2 percent or less, by
weight; and (3) none of the elements
below exceeds the quantity, by weight,
respectively indicated:
• 2.50 percent of manganese, or
• 3.30 percent of silicon, or
• 1.50 percent of copper, or
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 2.0 percent of nickel, or
• 0.30 percent of tungsten, or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium (also called
columbium), or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium.
The product is currently classified
under following Harmonized Tariff
Schedule of the United States (HTSUS)
item numbers 7306.61.1000. Subject
merchandise may also be classified
under 7306.61.3000. Although the
HTSUS numbers and ASTM
specification are provided for
convenience and for customs purposes,
the written product description remains
dispositive. For a full description of the
scope, see the Issues and Decision
Memorandum.8
jbell on DSKJLSW7X2PROD with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are listed in the appendix
to this notice and addressed in the
Issues and Decision Memorandum. The
Issues and Decision Memorandum is a
public document and is on file
electronically via Enforcement and
7 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
8 See Issues and Decision Memorandum.
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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 at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Determination of No Shipments
As noted in the Preliminary Results,
we received no shipment claims from
two companies involved in this
administrative review, Ternium Me´xico,
S.A. de C.V. (Ternium) and Tuberia
Nacional S.A. de C.V. (TUNA). In the
Preliminary Results, we preliminarily
determined that Ternium and TUNA
had no reviewable transactions during
the POR. We received no comments
from interested parties with respect to
these claims. Therefore, because the
record indicates that these companies
did not export subject merchandise to
the United States during the POR, we
continue to find that Ternium and
TUNA had no reviewable transactions
during the POR.
Producers/exporters
Tuberia Nacional S.A. de C.V.**
Tuberias Procarsa S.A. de
C.V.* 10 ....................................
41963
Weightedaverage
dumping
margin
(percent)
..................
6.64
* Review-Specific Average Rate 11
** No shipments or sales subject to this
review.
We intend todisclose the calculations
performed for these final results to
parties in this proceeding within five
days of the date of publication of this
notice, in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review.
Where the respondent did not report
entered value or reported amounts
based on average data, we calculated the
entered value in order to calculate the
assessment rate. Where either the
Changes Since the Preliminary Results
respondent’s weighted-average dumping
margin is zero or de minimis within the
Based on a review of the record and
meaning of 19 CFR 351.106(c)(1), or an
comments received from interested
importer-specific rate is zero or de
parties regarding our Preliminary
Results, we made certain changes to the minimis, we will instruct CBP to
liquidate the appropriate entries
preliminary weighted-average dumping
without regard to antidumping duties.
margins for Maquilacero and Prolamsa,
We further will instruct CBP to take into
and those companies not selected for
account the ‘‘provisional measures
individual review.9
deposit cap,’’ in accordance with 19
Final Results of the Review
CFR 351.212(d). The final results of this
review shall be the basis for the
We are assigning the following
assessment of antidumping duties on
weighted-average dumping margins to
entries of merchandise covered by the
the firms listed below for the period
final results of this review.12
September 1, 2017 through August 31,
Commerce’s ‘‘reseller policy’’ will
2018:
apply to entries of subject merchandise
Weighted- during the POR produced by companies
average
included in these final results of review
Producers/exporters
dumping
for which the reviewed companies did
margin
not know that the merchandise they
(percent)
sold to the intermediary (e.g., a reseller,
Maquilacero S.A. de C.V ............
4.89 trading company, or exporter) was
Productos Laminados de
destined for the United States. In such
Monterrey S.A. de C.V ............
7.47 instances, we will instruct CBP to
Arco Metal S.A. de C.V.* ............
6.64 liquidate unreviewed entries at the allForza Steel S.A. de C.V.* ..........
6.64
others rate if there is no rate for the
Industrias Monterrey, S.A. de
C.V.* ........................................
Perfiles y Herrajes LM S.A. de
C.V.* ........................................
PYTCO S.A. de C.V.* .................
Regiomontana de Perfiles y
Tubos S.A. de C.V.* ...............
Ternium S.A. de C.V.** ..............
PO 00000
9 See
6.64
6.64
6.64
6.64
..................
Issues and Decision Memorandum.
Frm 00026
Fmt 4703
Sfmt 4703
10 We incorrectly listed this company as Tuberia
Procarsa S.A. de C.V. in the Preliminary Results. We
have corrected the name for these final results.
11 This rate is based on the rates for the
respondents that were selected for individual
review, excluding rates that are zero, de minimis,
or based entirely on facts available. See section
735(c)(5)(A) of the Act.
12 See section 751(a)(2)(C) of the Act.
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41964
Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Notices
intermediate company(ies) involved in
the transaction.
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
average of the cash deposit rates
calculated for Maquilacero and
Prolamsa.13 The final results of this
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.14
We intend to issue liquidation
instructions to CBP 41 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for each specific
company listed above will be equal to
the weighted-average dumping margin
that is established in the final results of
this review, except if the rate is less
than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously investigated companies not
participating in this review, the cash
deposit 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, or the
original less-than-fair-value (LTFV)
investigation, but the producer is, then
the cash deposit rate will be the cash
deposit rate established for the most
recently completed segment for the
producer of the subject merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 3.24 percent, the all-others rate
established in the LTFV investigation.15
These deposit requirements, when
imposed, shall remain in effect until
further notice.
jbell on DSKJLSW7X2PROD with NOTICES
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
13 This rate was calculated as discussed in
footnote 10, above.
14 See section 751(a)(2)(C) of the Act.
15 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea,
Mexico, and the Republic of Turkey: Antidumping
Duty Orders, 81 FR 62865, 62866 (September 13,
2016).
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20:25 Jul 10, 2020
Jkt 250001
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of 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 351.221(b)(5).
Dated: July 6, 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. Margin Calculations
IV. Discussion of Issues
Issues Related to Maquilacero
Comment 1: Ministerial Errors
Comment 2: Cost Calculation Methodology
Comment 3: Section 232 Duties
Comment 4: Affiliated Reseller Purchases
Comment 5: Non-Prime Merchandise
Comment 6: Scrap Offset
Issues Related to Prolamsa
Comment 7: Home Market Level of Trade
(LOT) and Constructed Export Price
(CEP) Offset
Comment 8: Non-Prime Merchandise
Comment 9: Overrun Sales
V. Recommendation
[FR Doc. 2020–15054 Filed 7–10–20; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA280]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public hearings.
AGENCY:
The New England Fishery
Management Council’s is convening
several Public Hearings of Draft
Amendment 23 to Northeast
Multispecies Fishery Management Plan
via webinar to consider actions affecting
New England fisheries in the exclusive
economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: These webinars will be held on
Wednesday, July 29, 2020; Thursday,
July 30, 2020; Tuesday, August 4, 2020;
Thursday, August 6, 2020.
ADDRESSES: The meetings will be held
via webinar.
All meeting participants and
interested parties can register below for
each webinar individually.
1. Wednesday, July 29, 2020, from 4–
6 p.m. This webinar will be specific to
CT and Mid-Atlantic Region, RI and CT/
Mid-Atlantic (NY/NJ/DE/MD/VA/NC)
https://attendee.gotowebinar.com/
register/4552271017165912332.
Call in information: +1 (562) 247–
8422; Access Code: 632–535–527.
2. Thursday, July 30, 2020 from 4–6
p.m.
https://attendee.gotowebinar.com/
register/3530306844985146892.
Call in information: +1 (415) 930–
5321; Access Code: 230–075–756.
3. Tuesday, August 4, 2020 from 4—
6 p.m.
https://attendee.gotowebinar.com/
register/1484010152577816332.
Call in information: +1 (415) 930–
5321; Access Code: 587–188–268.
4. Thursday, August 6, 2020 from 4—
6 p.m. The Council encourages this
webinar be reserved for those without
other options to participate. No
registration is needed.
https://global.gotomeeting.com/join/
697496061.
Call in information: +1 (408) 650–
3123; Access Code: 697–496–061.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
SUMMARY:
E:\FR\FM\13JYN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Notices]
[Pages 41962-41964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15054]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-847]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes 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 the
producers/exporters subject to this administrative review made sales of
subject merchandise at less than normal value during the period of
review (POR), September 1, 2017 through August 31, 2018.
DATES: Applicable July 13, 2020.
FOR FURTHER INFORMATION CONTACT: David Crespo or Jacob Garten, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3693 or (202) 482-3342,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers 11 producers/exporters of the subject
merchandise. Commerce selected two companies, Maquilacero S.A. de C.V.
(Maquilacero) and Productos Laminados de Monterrey S.A. de C.V.
(Prolamsa) (collectively, the respondents), for individual examination.
The producers/exporters not selected for individual examination are
listed in the ``Final Results of the Review'' section of this notice.
On November 18, 2019, Commerce published the Preliminary
Results.\1\ We invited interested parties to comment on the Preliminary
Results.\2\ On December 18, 2019, Independence Tube Corporation and
Southland Tube, Incorporated, both Nucor companies (collectively,
domestic parties), and Maquilacero filed case briefs \3\. On December
23, 2019, the domestic parties, Prolamsa, and Maquilacero all filed
rebuttal briefs.\4\ For a description of the events that occurred since
the preliminary results, see the Issues and Decision Memorandum.\5\ On
February 11, 2020, we postponed the final results by 59 days after the
publication of the Preliminary Results, until May 15, 2020.\6\ On April
24, 2020, Commerce tolled all deadlines in administrative
[[Page 41963]]
reviews by 50 days, thereby extending the deadline for these final
results until July 6, 2020.\7\
---------------------------------------------------------------------------
\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from Mexico: Preliminary Results of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2017-2018, 84 FR 63610 (November 18, 2019) (Preliminary Results).
\2\ Id.
\3\ See Domestic Parties' Case Brief, ``Heavy-Walled Rectangular
Welded Carbon Steel Pipes and Tubes from Mexico: Case Brief and
Request to Participate in Hearing if Held,'' dated December 18,
2019; and Maquilacero's Case Brief, ``Heavy Walled Rectangular
Welded Carbon Steel Pipes from Mexico: Case Brief of Maquilacero
S.A. de C.V.,'' dated December 18, 2019.
\4\ See Domestic Parties' Rebuttal Brief, ``Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes from Mexico:
Rebuttal Brief,'' dated December 23, 2019; Maquilacero's Rebuttal
Brief, ``Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from Mexico: Rebuttal Brief,'' dated December 23, 2020; and
Prolamsa's Rebuttal Brief, ``Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from Mexico: Rebuttal Brief and Request to
Participate in Hearing, if Held,'' dated December 23, 2019.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Antidumping Duty Administrative Review: Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from Mexico; 2017-2018,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
\6\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from Mexico: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review,'' dated February
11, 2020.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
cope of the Order
The merchandise subject to the order is certain heavy walled
rectangular welded steel pipes and tubes of rectangular (including
square) cross section, having a nominal wall thickness of not less than
4 mm. The merchandise includes, but is not limited to, the American
Society for Testing and Materials (ASTM) A-500, grade B specifications,
or comparable domestic or foreign specifications. Included products are
those in which: (1) Iron predominates, by weight, over each of the
other contained elements; (2) the carbon content is 2 percent or less,
by weight; and (3) none of the elements below exceeds the quantity, by
weight, respectively indicated:
2.50 percent of manganese, or
3.30 percent of silicon, or
1.50 percent of copper, or
1.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
2.0 percent of nickel, or
0.30 percent of tungsten, or
0.80 percent of molybdenum, or
0.10 percent of niobium (also called columbium), or
0.30 percent of vanadium, or
0.30 percent of zirconium.
The product is currently classified under following Harmonized
Tariff Schedule of the United States (HTSUS) item numbers 7306.61.1000.
Subject merchandise may also be classified under 7306.61.3000. Although
the HTSUS numbers and ASTM specification are provided for convenience
and for customs purposes, the written product description remains
dispositive. For a full description of the scope, see the Issues and
Decision Memorandum.\8\
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\8\ See Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. 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 at https://enforcement.trade.gov/frn/.
The signed and electronic versions of the Issues and Decision
Memorandum are identical in content.
Determination of No Shipments
As noted in the Preliminary Results, we received no shipment claims
from two companies involved in this administrative review, Ternium
M[eacute]xico, S.A. de C.V. (Ternium) and Tuberia Nacional S.A. de C.V.
(TUNA). In the Preliminary Results, we preliminarily determined that
Ternium and TUNA had no reviewable transactions during the POR. We
received no comments from interested parties with respect to these
claims. Therefore, because the record indicates that these companies
did not export subject merchandise to the United States during the POR,
we continue to find that Ternium and TUNA had no reviewable
transactions during the POR.
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 the preliminary weighted-average dumping margins for
Maquilacero and Prolamsa, and those companies not selected for
individual review.\9\
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\9\ See Issues and Decision Memorandum.
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Final Results of the Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period September 1, 2017 through August
31, 2018:
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping
margin
(percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V..................................... 4.89
Productos Laminados de Monterrey S.A. de C.V................ 7.47
Arco Metal S.A. de C.V.*.................................... 6.64
Forza Steel S.A. de C.V.*................................... 6.64
Industrias Monterrey, S.A. de C.V.*......................... 6.64
Perfiles y Herrajes LM S.A. de C.V.*........................ 6.64
PYTCO S.A. de C.V.*......................................... 6.64
Regiomontana de Perfiles y Tubos S.A. de C.V.*.............. 6.64
Ternium S.A. de C.V.**...................................... ..........
Tuberia Nacional S.A. de C.V.**............................. ..........
Tuberias Procarsa S.A. de C.V.* \10\........................ 6.64
------------------------------------------------------------------------
* Review-Specific Average Rate \11\
** No shipments or sales subject to this review.
We intend to disclose the calculations performed for these final
results to parties in this proceeding within five days of the date of
publication of this notice, in accordance with 19 CFR 351.224(b).
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\10\ We incorrectly listed this company as Tuberia Procarsa S.A.
de C.V. in the Preliminary Results. We have corrected the name for
these final results.
\11\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis, or based entirely on facts available. See section
735(c)(5)(A) of the Act.
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Where the respondent did not report entered value or reported
amounts based on average data, we calculated the entered value in order
to calculate the assessment rate. Where either the respondent's
weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties. We further will instruct
CBP to take into account the ``provisional measures deposit cap,'' in
accordance with 19 CFR 351.212(d). The final results of this review
shall be the basis for the assessment of antidumping duties on entries
of merchandise covered by the final results of this review.\12\
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\12\ See section 751(a)(2)(C) of the Act.
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Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did not know
that the merchandise they sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the
[[Page 41964]]
intermediate company(ies) involved in the transaction.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the average of the cash deposit
rates calculated for Maquilacero and Prolamsa.\13\ The final results of
this review shall be the basis for the assessment of antidumping duties
on entries of merchandise covered by the final results of this review
and for future deposits of estimated duties, where applicable.\14\
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\13\ This rate was calculated as discussed in footnote 10,
above.
\14\ See section 751(a)(2)(C) of the Act.
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We intend to issue liquidation instructions to CBP 41 days after
publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be equal to the weighted-average dumping
margin that is established in the final results of this review, except
if the rate is less than 0.50 percent and, therefore, de minimis within
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit
rate will be zero; (2) for previously investigated companies not
participating in this review, the cash deposit 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, or the original less-than-fair-value (LTFV) investigation, but
the producer is, then the cash deposit rate will be the cash deposit
rate established for the most recently completed segment for the
producer of the subject merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be 3.24 percent, the
all-others rate established in the LTFV investigation.\15\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\15\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea, Mexico, and the Republic of
Turkey: Antidumping Duty Orders, 81 FR 62865, 62866 (September 13,
2016).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of 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 351.221(b)(5).
Dated: July 6, 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. Margin Calculations
IV. Discussion of Issues
Issues Related to Maquilacero
Comment 1: Ministerial Errors
Comment 2: Cost Calculation Methodology
Comment 3: Section 232 Duties
Comment 4: Affiliated Reseller Purchases
Comment 5: Non-Prime Merchandise
Comment 6: Scrap Offset
Issues Related to Prolamsa
Comment 7: Home Market Level of Trade (LOT) and Constructed
Export Price (CEP) Offset
Comment 8: Non-Prime Merchandise
Comment 9: Overrun Sales
V. Recommendation
[FR Doc. 2020-15054 Filed 7-10-20; 8:45 am]
BILLING CODE 3510-DS-P
