Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2018-2019, 83886-83888 [2020-28347]
Download as PDF
<![CDATA[
83886
Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT
ASSISTANCE—Continued
[11/26/2020 through 12/10/2020]
Firm address
Midwest Precision, Inc ...........
9725 East Admiral Place, Tulsa, OK 74113 ..
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance Division, Room 71030,
Economic Development Administration,
U.S. Department of Commerce,
Washington, DC 20230, no later than ten
(10) calendar days following publication
of this notice. These petitions are
received pursuant to section 251 of the
Trade Act of 1974, as amended.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.9 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Bryan Borlik,
Director.
[FR Doc. 2020–28401 Filed 12–22–20; 8:45 am]
BILLING CODE 3510–WH–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–836]
Light-Walled Rectangular Pipe and
Tube From Mexico: Preliminary
Results and Partial Rescission of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty order on light-walled
rectangular pipe and tube from Mexico,
covering the period August 1, 2018
through July 31, 2019. We preliminarily
find that Regiomontana de Perfiles y
Tubos S. de R.L. de C.V. (Regiopytsa)
(successor-in-interest to Regiomontana
de Perfiles y Tubos S.A. de C.V.) made
sales of subject merchandise at less than
normal value (NV) during the period of
review (POR), and that Maquilacero S.A.
de C.V. (Maquilacero) did not have sales
of subject merchandise at less than
AGENCY:
jbell on DSKJLSW7X2PROD with NOTICES
Date accepted
for investigation
Firm name
VerDate Sep<11>2014
21:21 Dec 22, 2020
Jkt 253001
12/10/2020
normal value during the period of
review. We are also rescinding this
review for 12 companies where timely
requests for withdrawals were filed by
all parties who requested the reviews.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable December 23, 2020.
FOR FURTHER INFORMATION CONTACT:
Samuel Brummitt or John Conniff, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–7851 or (202) 482–1009,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2019, Commerce
published in the Federal Register a
notice of the initiation of the
administrative review of the
antidumping duty order 1 on lightwalled rectangular pipe and tube from
Mexico for 19 companies.2 On October
22, 2019, we selected Maquilacero and
Regiopytsa 3 for individual examination
as the mandatory respondents in this
administrative review.4
1 See Light-Walled Rectangular Pipe and Tube
from Mexico, the People’s Republic of China, and
the Republic of Korea: Antidumping Duty Orders;
Light-Walled Rectangular Pipe and Tube from the
Republic of Korea: Notice of Amended Final
Determination of Sales at Less Than Fair Value, 73
FR 45403 (August 5, 2008) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
53411 (October 7, 2019) (Initiation Notice). The
Initiation Notice listed 19 companies and 20
company names since it included both the current
and former versions of Regiopytsa’s company name.
3 Based on the record evidence in this review, we
are preliminarily finding Regiomontana de Perfiles
y Tubos S. de R.L. de C.V. to be successor-ininterest to Regiomontana de Perfiles y Tubos S.A.
de C.V. For additional information on Commerce’s
analysis regarding the successor-in-interest finding,
see Memorandum, ‘‘Decision Memorandum for the
Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review: LightWalled Rectangular Pipe and Tube from Mexico;
2018–2019,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum) at 6.
4 See Memorandum, ‘‘2018–2019 Antidumping
Duty Administrative Review of Light-Walled
Rectangular Pipe and Tube from Mexico:
Respondent Selection,’’ dated October 22, 2019
(Respondent Selection Memorandum) at 2–3
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
Product(s)
The firm manufactures miscellaneous metal
parts and assemblies.
On April 24, 2020, Commerce tolled
all deadlines in administrative reviews
by 50 days.5 On July 21, 2020,
Commerce tolled all deadlines in
administrative reviews by an additional
60 days.6 On June 11, 2020, we
extended the deadline for the
preliminary results to November 18,
2020.7 The deadline for the preliminary
results of this review is now December
16, 2020.
For a complete description of the
events that followed the initiation of the
review, see the Preliminary Decision
Memorandum. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
A list of topics included in the
Preliminary Decision Memorandum is
included in the Appendix to this notice.
Scope of the Order
The products covered by the scope of
the order are certain light-walled
rectangular pipe and tube from Mexico.
For a complete description of the scope,
see the Preliminary Decision
Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
5 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.
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
7 See Memorandum, ‘‘Light-Walled Rectangular
Pipe and Tube from Mexico: Extension of Time
Limit for Preliminary Results of Antidumping Duty
Administrative Review; 2018–2019,’’ dated April
17, 2020.
E:\FR\FM\23DEN1.SGM
23DEN1
Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices
withdraws the request within 90 days of
the
date of publication of notice of
initiation of the requested review. On
January 6, 2020, Independence Tube
Corporation, a Nucor company, and
Southland Tube, Incorporated, a Nucor
company, timely withdrew their
requests for an administrative review on
the following 12 companies: Arco Metal
S.A. de C.V.; Galvak, S.A. de C.V.; Hylsa
S.A. de C.V.; Industrias Monterrey S.A.
de C.V.; Internacional de Aceros, S.A.
de C.V.; Nacional de Acero S.A. de C.V.;
PEASA-Productos Especializados de
Acero; Talleres Acero Rey S.A. de C.V.;
Ternium Mexico S.A. de C.V.; Tuberias
Aspe S.A de C.V.; Tuberia Laguna, S.A.
de C.V.; and Tuberias y Derivados S.A.
de C.V. No other party requested a
review of these 12 companies.8
Accordingly, we are rescinding this
review, in part, with respect to these
companies, pursuant to 19 CFR
351.213(d)(1).
jbell on DSKJLSW7X2PROD with NOTICES
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(2) of
the Tariff Act of 1930, as amended (the
Act). Export price was calculated in
accordance with section 772 of the Act.
Normal value was calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Rate for Non-Selected Companies
For the rate for companies not
selected for individual examination in
an administrative review, generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in a
market economy investigation. Under
section 735(c)(5)(A) of the Act, the allothers rate is normally ‘‘an amount
equal to the weighted average of the
estimated weighted-average dumping
margins established for exporters and
producers individually investigated,
excluding any zero or de minimis
margins, and any margins determined
entirely {on the basis of facts
available}.’’ In this segment of the
proceeding, we calculated a margin for
Regiopytsa that was not zero, de
minimis, or based on total facts
available. Accordingly, we have
preliminarily applied the weightedaverage dumping margin calculated for
the non-examined companies in this
review based on the weighted-average
dumping margin calculated for
Regiopytsa.
8 See
Preliminary Decision Memorandum at 2–3.
VerDate Sep<11>2014
21:21 Dec 22, 2020
Jkt 253001
83887
Preliminary Results of Review
notice.16 Requests should contain: (1)
The party’s name, address and
We preliminarily determine that, for
telephone number; (2) the number of
the period August 1, 2018 through July
participants; and (3) a list of issues
31, 2019, the following weightedparties intend to discuss. Issues raised
average dumping margins exist:
in the hearing will be limited to those
raised in the respective case and
Weightedrebuttal briefs. If a request for a hearing
average
is made, Commerce intends to hold the
Producer or exporter
dumping
margin
hearing at a time and date to be
(percent)
determined. Parties should confirm by
telephone the date, time, and location of
Maquilacero S.A. de C.V. and
the hearing two days before the
Tecnicas de Fluidos S.A. de
C.V ..........................................
0.00 scheduled date.
Unless extended, we intend to issue
Regiomontana de Perfiles y
Tubos S. de R.L. de C.V.9 ......
5.44 the final results of this administrative
review, which will include the results of
Aceros Cuatro Caminos S.A. de
C.V ..........................................
5.44 our analysis of all issues raised in the
Fabricaciones y Servicios de
case and rebuttal briefs, within 120 days
Mexico .....................................
5.44 of publication of these preliminary
Grupo Estructuras y Perfiles ......
5.44 results in the Federal Register, pursuant
Perfiles LM, S.A. de C.V ............
5.44
to section 751(a)(3)(A) of the Act.
Productos Laminados de
Monterrey S.A. de C.V ............
5.44
Disclosure and Public Comment
We will disclose to parties to the
proceeding the calculations performed
in connection with these preliminary
results of review within five days after
the date of publication of this notice.10
Interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice in the Federal
Register.11 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed not later than seven days after the
date for filing case briefs.12 Parties who
submit case or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.13 Case and rebuttal briefs
should be filed using ACCESS.14 Note
that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.15
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance within 30
days of the date of publication of this
9 We preliminarily find that Regiomontana de
Perfiles y Tubos S. de R.L. de C.V. is the successorin-interest to Regiomontana de Perfiles y Tubos S.A.
de C.V. For further discussion, see the Preliminary
Decision Memorandum.
10 See 19 CFR 351.224(b).
11 See 19 CFR 351.309(c)(1)(ii).
12 See 19 CFR 351.309(d)(1); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
13 See 19 CFR 351.309(c)(2) and (d)(2).
14 See 19 CFR 351.303.
15 See Temporary Rule.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Assessment Rates
For individually examined
respondents whose weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.50 percent), we
will calculate importer-specific ad
valorem duty assessment rates based on
the ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1).17 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is not zero or de
minimis. If a respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties. The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review
where applicable.
Regarding entries of subject
merchandise during the period of
review that were produced by
Maquilacero and Regiopytsa and for
which they did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate such entries at the all-others
rate of 3.76 percent, as established in
16 See
19 CFR 351.310(c).
these preliminary results, Commerce applied
the assessment rate calculation methodology
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
17 In
E:\FR\FM\23DEN1.SGM
23DEN1
83888
Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices
the less-than-fair-value investigation, if
there is no rate for the intermediate
company(ies) involved in the
transaction.18 For a full discussion of
this matter, see Assessment Policy
Notice.19
For those companies which were not
individually examined, we will instruct
CBP to assess antidumping duties at an
ad valorem rate equal to that companies
weighted-average dumping margin as
determined in the final results of this
review.
In accordance with 19 CFR 356.8, we
intend to issue liquidation instructions
to CBP on or after 41 days after
publication of the final results of this
review.
jbell on DSKJLSW7X2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for each specific
company listed above will be equal to
the weighted-average dumping margin
established in the final results of this
administrative review; (2) for previously
reviewed or investigated companies not
listed above, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which they were reviewed; (3) if the
exporter is not a firm covered in this
review, a prior review, or in the
investigation but the producer is, the
cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be the all-others rate of 3.76 percent.20
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
18 See
Order, 73 FR at 45405.
Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
20 See Order, 73 FR at 45405.
19 See
VerDate Sep<11>2014
21:21 Dec 22, 2020
Jkt 253001
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: December 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Companies Not Selected for Individual
Examination
VI. Successor-in-Interest
VII. Single Entity Treatment
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2020–28347 Filed 12–22–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE
ADMINISTRATION
[A–570–970]
Multilayered Wood Flooring From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
the Final Results of the Second
Antidumping Duty Administrative
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 10, 2020, the
United States Court of International
Trade (the Court) entered final judgment
sustaining the final results of the second
remand redetermination pursuant to
court order by the Department of
Commerce (Commerce) pertaining to the
antidumping duty administrative review
of multilayered wood flooring (MLWF)
from the People’s Republic of China
(China) covering the period of review
(POR), December 1, 2012 through
November 30, 2013. Commerce is
notifying the public that the final
judgment in this case is not in harmony
with Commerce’s final results in the
2012–2013 administrative review of
MLWF from China.
AGENCY:
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
DATES:
Applicable December 20, 2020
FOR FURTHER INFORMATION CONTACT:
Aleksandras Nakutis, Office IV,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC, 20230; telephone: (202) 482–3147.
SUPPLEMENTARY INFORMATION:
Background
On July 15, 2015, Commerce
published the Final Results in the 2012–
2013 administrative review of
multilayered wood flooring from China
in which Commerce assigned a rate of
13.74 percent to Jiangsu Senmao
Bamboo and Wood Industry Co., Ltd.
(Senmao) and all separate rate
respondents in the Final Results.1
Commerce applied the weighted-average
dumping margin of Senmao (the only
mandatory respondent to receive a rate
that was not de minimis or based solely
on adverse facts available) to all parties
eligible for a separate rate, pursuant to
section 735(c)(5)(A) of the Tariff Act of
1930, as amended (the Act).2
Senmao and certain separate rate
respondents appealed the Final Results.
In its first remand order, the Court
directed Commerce to reconsider or
further explain certain of its surrogate
value selections, its downward
adjustment for irrevocable VAT, as well
as its decision to deny voluntary
respondent status to Fine Furniture
(Shanghai) Limited (Fine Furniture).3
Upon reconsidering these issues in the
First Remand Redetermination,
Commerce made certain changes and
calculated a revised weighted-average
dumping margin for Senmao and the
separate rate companies.4
In Senmao II, the Court affirmed the
First Remand Redetermination as it
pertained to the surrogate value
selections.5 However, the Court found
that Commerce’s downward adjustment
for irrevocable VAT was contrary to law
in relying upon an unlawful
interpretation of the Act.6 The Court,
1 See Multilayered Wood Flooring From the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review and
Final Results of New Shipper Review; 2012–2013,
80 FR 41476 (July 15, 2015) (Final Results).
2 Id.
3 See Jiangsu Senmao Bamboo and Wood Industry
Co., Ltd., et al. , v. United States, 322 F. Supp 3d
1308 (CIT 2018) (Senmao I).
4 See Final Results of Redetermination Pursuant
to Court Order, Jiangsu Senmao Bamboo and Wood
Industry Co., Ltd., et al. , v. United States, dated
June 3, 2019 (First Remand Redetermination).
5 See Jiangsu Senmao Bamboo and Wood Industry
Co., Ltd., et al., v. United States, Court No. 15–
00225. Slip Op. 20–31 (March 11, 2020) (Senmao
II).
6 Id.
E:\FR\FM\23DEN1.SGM
23DEN1
]]>Agencies
[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 83886-83888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28347]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary
Results and Partial Rescission of Antidumping Duty Administrative
Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on light-walled
rectangular pipe and tube from Mexico, covering the period August 1,
2018 through July 31, 2019. We preliminarily find that Regiomontana de
Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa) (successor-in-interest
to Regiomontana de Perfiles y Tubos S.A. de C.V.) made sales of subject
merchandise at less than normal value (NV) during the period of review
(POR), and that Maquilacero S.A. de C.V. (Maquilacero) did not have
sales of subject merchandise at less than normal value during the
period of review. We are also rescinding this review for 12 companies
where timely requests for withdrawals were filed by all parties who
requested the reviews. We invite interested parties to comment on these
preliminary results.
DATES: Applicable December 23, 2020.
FOR FURTHER INFORMATION CONTACT: Samuel Brummitt or John Conniff, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-7851 or (202)
482-1009, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 7, 2019, Commerce published in the Federal Register a
notice of the initiation of the administrative review of the
antidumping duty order \1\ on light-walled rectangular pipe and tube
from Mexico for 19 companies.\2\ On October 22, 2019, we selected
Maquilacero and Regiopytsa \3\ for individual examination as the
mandatory respondents in this administrative review.\4\
---------------------------------------------------------------------------
\1\ See Light-Walled Rectangular Pipe and Tube from Mexico, the
People's Republic of China, and the Republic of Korea: Antidumping
Duty Orders; Light-Walled Rectangular Pipe and Tube from the
Republic of Korea: Notice of Amended Final Determination of Sales at
Less Than Fair Value, 73 FR 45403 (August 5, 2008) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 53411 (October 7, 2019) (Initiation
Notice). The Initiation Notice listed 19 companies and 20 company
names since it included both the current and former versions of
Regiopytsa's company name.
\3\ Based on the record evidence in this review, we are
preliminarily finding Regiomontana de Perfiles y Tubos S. de R.L. de
C.V. to be successor-in-interest to Regiomontana de Perfiles y Tubos
S.A. de C.V. For additional information on Commerce's analysis
regarding the successor-in-interest finding, see Memorandum,
``Decision Memorandum for the Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review: Light-Walled
Rectangular Pipe and Tube from Mexico; 2018-2019,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum) at 6.
\4\ See Memorandum, ``2018-2019 Antidumping Duty Administrative
Review of Light-Walled Rectangular Pipe and Tube from Mexico:
Respondent Selection,'' dated October 22, 2019 (Respondent Selection
Memorandum) at 2-3
---------------------------------------------------------------------------
On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\5\ On July 21, 2020, Commerce tolled all deadlines
in administrative reviews by an additional 60 days.\6\ On June 11,
2020, we extended the deadline for the preliminary results to November
18, 2020.\7\ The deadline for the preliminary results of this review is
now December 16, 2020.
---------------------------------------------------------------------------
\5\ 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.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\7\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube
from Mexico: Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review; 2018-2019,'' dated April 17,
2020.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of the review, see the Preliminary Decision Memorandum. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Preliminary Decision Memorandum are
identical in content. A list of topics included in the Preliminary
Decision Memorandum is included in the Appendix to this notice.
Scope of the Order
The products covered by the scope of the order are certain light-
walled rectangular pipe and tube from Mexico. For a complete
description of the scope, see the Preliminary Decision Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review
[[Page 83887]]
withdraws the request within 90 days of the
date of publication of notice of initiation of the requested
review. On January 6, 2020, Independence Tube Corporation, a Nucor
company, and Southland Tube, Incorporated, a Nucor company, timely
withdrew their requests for an administrative review on the following
12 companies: Arco Metal S.A. de C.V.; Galvak, S.A. de C.V.; Hylsa S.A.
de C.V.; Industrias Monterrey S.A. de C.V.; Internacional de Aceros,
S.A. de C.V.; Nacional de Acero S.A. de C.V.; PEASA-Productos
Especializados de Acero; Talleres Acero Rey S.A. de C.V.; Ternium
Mexico S.A. de C.V.; Tuberias Aspe S.A de C.V.; Tuberia Laguna, S.A. de
C.V.; and Tuberias y Derivados S.A. de C.V. No other party requested a
review of these 12 companies.\8\ Accordingly, we are rescinding this
review, in part, with respect to these companies, pursuant to 19 CFR
351.213(d)(1).
---------------------------------------------------------------------------
\8\ See Preliminary Decision Memorandum at 2-3.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with sections
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price
was calculated in accordance with section 772 of the Act. Normal value
was calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
Rate for Non-Selected Companies
For the rate for companies not selected for individual examination
in an administrative review, generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in a market economy investigation. Under section
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the estimated weighted-average dumping
margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .'' In this
segment of the proceeding, we calculated a margin for Regiopytsa that
was not zero, de minimis, or based on total facts available.
Accordingly, we have preliminarily applied the weighted-average dumping
margin calculated for the non-examined companies in this review based
on the weighted-average dumping margin calculated for Regiopytsa.
Preliminary Results of Review
We preliminarily determine that, for the period August 1, 2018
through July 31, 2019, the following weighted-average dumping margins
exist:
---------------------------------------------------------------------------
\9\ We preliminarily find that Regiomontana de Perfiles y Tubos
S. de R.L. de C.V. is the successor-in-interest to Regiomontana de
Perfiles y Tubos S.A. de C.V. For further discussion, see the
Preliminary Decision Memorandum.
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V. and Tecnicas de Fluidos S.A. de C.V 0.00
Regiomontana de Perfiles y Tubos S. de R.L. de C.V.\9\...... 5.44
Aceros Cuatro Caminos S.A. de C.V........................... 5.44
Fabricaciones y Servicios de Mexico......................... 5.44
Grupo Estructuras y Perfiles................................ 5.44
Perfiles LM, S.A. de C.V.................................... 5.44
Productos Laminados de Monterrey S.A. de C.V................ 5.44
------------------------------------------------------------------------
Disclosure and Public Comment
We will disclose to parties to the proceeding the calculations
performed in connection with these preliminary results of review within
five days after the date of publication of this notice.\10\ Interested
parties may submit case briefs not later than 30 days after the date of
publication of this notice in the Federal Register.\11\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed not
later than seven days after the date for filing case briefs.\12\
Parties who submit case or rebuttal briefs in this proceeding are
encouraged to submit with each argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of
authorities.\13\ Case and rebuttal briefs should be filed using
ACCESS.\14\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\15\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c)(1)(ii).
\12\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See 19 CFR 351.303.
\15\ See Temporary Rule.
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance within 30 days of the date of publication of this
notice.\16\ Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues parties intend to discuss. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, Commerce intends to hold the hearing
at a time and date to be determined. Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
---------------------------------------------------------------------------
\16\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless extended, we intend to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case and rebuttal briefs, within 120 days
of publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
For individually examined respondents whose weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.50
percent), we will calculate importer-specific ad valorem duty
assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales in accordance with 19 CFR 351.212(b)(1).\17\ We
will instruct CBP to assess antidumping duties on all appropriate
entries covered by this review when the importer-specific assessment
rate calculated in the final results of this review is not zero or de
minimis. If a respondent's weighted-average dumping margin is zero or
de minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-
specific rate is zero or de minimis, we will instruct CBP to liquidate
the appropriate entries without regard to antidumping duties. The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review
where applicable.
---------------------------------------------------------------------------
\17\ In these preliminary results, Commerce applied the
assessment rate calculation methodology adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
Regarding entries of subject merchandise during the period of
review that were produced by Maquilacero and Regiopytsa and for which
they did not know that the merchandise was destined for the United
States, we will instruct CBP to liquidate such entries at the all-
others rate of 3.76 percent, as established in
[[Page 83888]]
the less-than-fair-value investigation, if there is no rate for the
intermediate company(ies) involved in the transaction.\18\ For a full
discussion of this matter, see Assessment Policy Notice.\19\
---------------------------------------------------------------------------
\18\ See Order, 73 FR at 45405.
\19\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
---------------------------------------------------------------------------
For those companies which were not individually examined, we will
instruct CBP to assess antidumping duties at an ad valorem rate equal
to that companies weighted-average dumping margin as determined in the
final results of this review.
In accordance with 19 CFR 356.8, we intend to issue liquidation
instructions to CBP on or after 41 days after publication of the final
results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be equal to the weighted-average dumping
margin established in the final results of this administrative review;
(2) for previously reviewed or investigated companies not listed above,
the cash deposit rate will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which they were reviewed; (3) if the exporter is not a firm covered in
this review, a prior review, or in the investigation but the producer
is, the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be the all-others rate of 3.76 percent.\20\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
---------------------------------------------------------------------------
\20\ See Order, 73 FR at 45405.
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: December 16, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Companies Not Selected for Individual Examination
VI. Successor-in-Interest
VII. Single Entity Treatment
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2020-28347 Filed 12-22-20; 8:45 am]
BILLING CODE 3510-DS-P
