Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020, 50025-50027 [2021-19320]
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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
liquidate relevant entries until the time
for parties to file a request for a statutory
injunction has expired (i.e., within 90
days of publication).
Dated: August 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Cash Deposit Requirements
Appendix
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entered, or withdrawn from warehouse,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
for by section 751(a)(2)(C) of the Act: (1)
Wah Yuen’s cash deposit rate will
continue to be its existing exporterspecific rate; 11 (2) for previously
investigated or reviewed Chinese and
non-Chinese exporters for which a
review was not requested and that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the rate for the
China-wide entity; and (4) for all nonChinese exporters of subject
merchandise that have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter that supplied that non-Chinese
exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Selection of Respondents
VI. Preliminary Determination of No
Shipments
VII. Discussion of the Methodology
VIII. Recommendation
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of AD 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 AD duties occurred
and the subsequent assessment of
double AD duties.
Notification to Interested Parties
sradovich on DSKJLST7X2PROD with NOTICES
We are issuing and publishing the
preliminary results of this
administrative review in accordance
with sections 751(a)(l) and 777(i)(l) of
the Act, and 19 CFR 351.213 and
351.221(b)(4).
11 See
00:30 Sep 04, 2021
Jkt 253001
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–836]
Light-Walled Rectangular Pipe and
Tube From Mexico: Preliminary
Results of Antidumping Duty
Administrative Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty (AD) order on lightwalled rectangular pipe and tube from
Mexico, covering the period August 1,
2019, through July 31, 2020. We
preliminarily find that Regiomontana de
Perfiles y Tubos S. de R.L. de C.V.
(Regiopytsa) and Perfiles LM, S.A. de
C.V. (Perfiles) made sales of subject
merchandise at less than normal value
(NV) during the period of review (POR).
We invite interested parties to comment
on these preliminary results.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT: John
Conniff or Kyle Clahane, 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) 482–1009 and (202) 482–5449,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
Certain Cased Pencils from the People’s
Republic of China: Amended Final Results of
Antidumping Duty New Shipper Review; 2014–
2015, 81 FR 92784 (December 20, 2016), and
accompanying memorandum, ‘‘Analysis for the
Amended Final Results of the Antidumping Duty
New Shipper Review of Certain Cased Pencils from
the People’s Republic of China.’’
VerDate Sep<11>2014
[FR Doc. 2021–19261 Filed 9–3–21; 8:45 am]
On August 5, 2008, Commerce
published the Order in the Federal
Register.1 On October 6, 2020,
1 See Light-Walled Rectangular Pipe and Tube
from Mexico, the People’s Republic of China, and
the Republic of Korea: Antidumping Duty Orders;
PO 00000
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50025
Commerce published in the Federal
Register a notice of initiation listing the
firms for which timely requests were
submitted for an administrative review
of 18 companies.2 On December 3, 2020,
we selected Perfiles and Regiopytsa for
individual examination as the
mandatory respondents in this
administrative review.3 On January 19,
2021, we rescinded the review for 12
companies included in the Initiation
Notice.4 On April 13, 2021, we extended
the deadline for the preliminary results
to August 31, 2021.5
For a complete description of the
events that followed the initiation of the
review, see the Preliminary Decision
Memorandum.6 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/. 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.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(2) of
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, 85 FR
63081 (October 6, 2020) (Initiation Notice). The
Initiation Notice listed 18 companies and 19
company names since it included both the current
and former versions of Regiopytsa’s company name.
3 See Memorandum, ‘‘2019–2020 Antidumping
Duty Administrative Review of Light-Walled
Rectangular Pipe and Tube from Mexico:
Respondent Selection Memorandum,’’ dated
December 3, 2020 at 1.
4 See Light-Walled Rectangular Pipe and Tube
from Mexico: Partial Rescission of Antidumping
Duty Administrative Review: 2019–2020, 86 FR
5135 (January 19, 2021).
5 See Memorandum, ‘‘Light-Walled Rectangular
Pipe and Tube from Mexico: Extension of Deadline
for the Preliminary Results of Antidumping Duty
Administrative Review; 2019–2020,’’ dated April
13, 2021.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results: Light-Walled Rectangular
Pipe and Tube from Mexico; 2019–2020,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
07SEN1
50026
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
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 lessthan-fair-value (LTFV) 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}.’’ In this administrative
review, we calculated a weightedaverage dumping margin each for
Perfiles and Regiopytsa that is not zero,
de minimis, or based on total facts
available. The weighted-average
dumping margin calculated for the nonselected companies is an average of the
weighted-average dumping margins of
the two mandatory respondents
weighted by the publicly ranged U.S.
sales values of the mandatory
respondents.7
Preliminary Results of Review
We preliminarily determine that, for
the period August 1, 2019, through July
31, 2020, the following weightedaverage dumping margins exist:
Weightedaverage
dumping
margin
(percent)
Exporter or producer
Perfiles LM, S.A. de C.V ...........................................................................................................................................................................
Regiomontana de Perfiles y Tubos S. de R.L. de C.V 8 ...........................................................................................................................
Maquilacero S.A. de C.V ...........................................................................................................................................................................
Nacional de Acero S.A. de C.V .................................................................................................................................................................
Productos Laminados de Monterrey S.A. de C.V .....................................................................................................................................
Ternium Mexico S.A. de C.V .....................................................................................................................................................................
We intend to disclose the calculations
performed for these preliminary results
to parties within five days after the date
of publication of this notice.9
Commerce will announce the briefing
schedule to interested parties at a later
date. Interested parties may submit case
briefs on the deadline that Commerce
will announce. 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.10 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.11 Executive
summaries should be limited to five
pages total, including footnotes.
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.12 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 and time of the
hearing two days before the scheduled
date.
All submissions, including case and
rebuttal briefs or requests for a hearing,
should be filed using ACCESS 13 and
must be served on interested parties.14
An electronically-filed document must
be received successfully in its entirety
by ACCESS by 5:00 p.m. Eastern Time
on the established deadline.15 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.16
7 See Memorandum, ‘‘Calculation of the Rate for
Non-Selected Respondents,’’ dated concurrently
with this notice; see also Ball Bearings and Parts
Thereof from France, Germany, Italy, Japan, and
the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of
Changed-Circumstances Review, and Revocation of
an Order in Part, 75 FR 53661, 53663 (September
1, 2010).
8 See Light-Walled Rectangular Pipe and Tube
from Mexico: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative
Review; 2018–2019, 85 FR 83886 (December 23,
2020), and accompanying Preliminary Decision
Memorandum at 6, unchanged in Light-Walled
Rectangular Pipe and Tube from Mexico: Final
Results of Antidumping Duty Administrative
Review; 2018–2019, 86 FR 33646 (June 25, 2021),
where Commerce determined 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. The successor is merely a revision of the
type of incorporation under Mexican law that did
not impact the company’s ownership, management,
or operations. For the current review, the
petitioner’s review request included both the
current and former versions of Regiopytsa’s
company name.
sradovich on DSKJLST7X2PROD with NOTICES
Disclosure and Public Comment
VerDate Sep<11>2014
00:30 Sep 04, 2021
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PO 00000
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0.78
1.05
0.98
0.98
0.98
0.98
Final Results of Review
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
Upon completion of the
administrative review, pursuant to
section 751(a)(2)(A) of the Act,
Commerce shall determine, 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.
For individually examined
respondents whose calculated weightedaverage 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
9 See
19 CFR 351.224(b).
19 CFR 351.309(d)(1).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 See 19 CFR 351.310(c).
13 See 19 CFR 351.303 (for general filing
requirements).
14 See 19 CFR 351.303(f).
15 See 19 CFR 351.303(b)(1).
16 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
10 See
07SEN1
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
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). 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
assessment 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 Perfiles
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 the LTFV investigation, if
there is no rate for the intermediate
company(ies) involved in the
transaction.17 For a full discussion of
this matter, see Assessment Policy
Notice.18
For those companies which were not
individually examined, we will instruct
CBP to assess antidumping duties at an
ad valorem rate equal to each
company’s weighted-average dumping
margin as determined in the final results
of this review.
Commerce intends to issue
assessment instructions to CBP no
earlier than 41 days after the date of
publication of the final results of this
review in the Federal Register, in
accordance with 19 CFR 356.8(a). 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.
sradovich on DSKJLST7X2PROD with NOTICES
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
17 See
Order, 73 FR at 45405.
Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
18 See
VerDate Sep<11>2014
00:30 Sep 04, 2021
Jkt 253001
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, 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 rates will be zero; (2) for
companies not participating in this
review, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which the producer or exporter
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original LTFV
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.19
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Commerce’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: August 31, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual
Examination
V. Discussion of the Methodology
VI. Currency Conversion
19 See
PO 00000
Order, 73 FR at 45405.
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50027
VII. Recommendation
[FR Doc. 2021–19320 Filed 9–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–017]
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Preliminary Results
of Countervailing Duty Administrative
Review Rescission in Part, and Intent
To Rescind in Part; 2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers/exporters of
certain passenger vehicle and light truck
tires (passenger tires) from the People’s
Republic of China (China) during the
period of review (POR), January 1, 2019,
through December 31, 2019. In addition,
we are rescinding the review with
respect to 19 companies, and
announcing our preliminary intent to
rescind this review with respect to eight
other companies. Interested parties are
invited to comment on these
preliminary results.
SUMMARY:
DATES:
Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT:
Michael Romani or Richard Roberts,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: 202–482–5075 or
202–482–2631, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 6, 2020, Commerce
published in the Federal Register the
notice of initiation of an administrative
review of the CVD Order on passenger
tires from China.1 On April 14, 2021,
Commerce extended the deadline for the
preliminary results of this review by 120
days to August 31, 2021.2
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
63081 (October 6, 2020).
2 See Memorandum, ‘‘Certain Passenger Vehicles
and Light Truck Tires from the People’s Republic
of China: Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative
Review; 2019,’’ dated April 14, 2021.
07SEN1
]]>Agencies
[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50025-50027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19320]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020
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 (AD) order on light-
walled rectangular pipe and tube from Mexico, covering the period
August 1, 2019, through July 31, 2020. We preliminarily find that
Regiomontana de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa) and
Perfiles LM, S.A. de C.V. (Perfiles) made sales of subject merchandise
at less than normal value (NV) during the period of review (POR). We
invite interested parties to comment on these preliminary results.
DATES: Applicable September 7, 2021.
FOR FURTHER INFORMATION CONTACT: John Conniff or Kyle Clahane, 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) 482-1009 and (202) 482-5449,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2008, Commerce published the Order in the Federal
Register.\1\ On October 6, 2020, Commerce published in the Federal
Register a notice of initiation listing the firms for which timely
requests were submitted for an administrative review of 18
companies.\2\ On December 3, 2020, we selected Perfiles and Regiopytsa
for individual examination as the mandatory respondents in this
administrative review.\3\ On January 19, 2021, we rescinded the review
for 12 companies included in the Initiation Notice.\4\ On April 13,
2021, we extended the deadline for the preliminary results to August
31, 2021.\5\
---------------------------------------------------------------------------
\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, 85 FR 63081 (October 6, 2020) (Initiation
Notice). The Initiation Notice listed 18 companies and 19 company
names since it included both the current and former versions of
Regiopytsa's company name.
\3\ See Memorandum, ``2019-2020 Antidumping Duty Administrative
Review of Light-Walled Rectangular Pipe and Tube from Mexico:
Respondent Selection Memorandum,'' dated December 3, 2020 at 1.
\4\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Partial Rescission of Antidumping Duty Administrative Review: 2019-
2020, 86 FR 5135 (January 19, 2021).
\5\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube
from Mexico: Extension of Deadline for the Preliminary Results of
Antidumping Duty Administrative Review; 2019-2020,'' dated April 13,
2021.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of the review, see the Preliminary Decision Memorandum.\6\
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/. A list of
topics included in the Preliminary Decision Memorandum is included in
the Appendix to this notice.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results: Light-Walled Rectangular Pipe and Tube from Mexico; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
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.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(2) of
[[Page 50026]]
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 less-than-fair-value (LTFV) 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
administrative review, we calculated a weighted-average dumping margin
each for Perfiles and Regiopytsa that is not zero, de minimis, or based
on total facts available. The weighted-average dumping margin
calculated for the non-selected companies is an average of the
weighted-average dumping margins of the two mandatory respondents
weighted by the publicly ranged U.S. sales values of the mandatory
respondents.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Calculation of the Rate for Non-Selected
Respondents,'' dated concurrently with this notice; see also Ball
Bearings and Parts Thereof from France, Germany, Italy, Japan, and
the United Kingdom: Final Results of Antidumping Duty Administrative
Reviews, Final Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663 (September 1,
2010).
---------------------------------------------------------------------------
Preliminary Results of Review
We preliminarily determine that, for the period August 1, 2019,
through July 31, 2020, the following weighted-average dumping margins
exist:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Perfiles LM, S.A. de C.V.................................... 0.78
Regiomontana de Perfiles y Tubos S. de R.L. de C.V \8\...... 1.05
Maquilacero S.A. de C.V..................................... 0.98
Nacional de Acero S.A. de C.V............................... 0.98
Productos Laminados de Monterrey S.A. de C.V................ 0.98
Ternium Mexico S.A. de C.V.................................. 0.98
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to parties within five days after the date of
publication of this notice.\9\
---------------------------------------------------------------------------
\8\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review; 2018-2019, 85 FR 83886 (December 23, 2020),
and accompanying Preliminary Decision Memorandum at 6, unchanged in
Light-Walled Rectangular Pipe and Tube from Mexico: Final Results of
Antidumping Duty Administrative Review; 2018-2019, 86 FR 33646 (June
25, 2021), where Commerce determined 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. The successor is
merely a revision of the type of incorporation under Mexican law
that did not impact the company's ownership, management, or
operations. For the current review, the petitioner's review request
included both the current and former versions of Regiopytsa's
company name.
\9\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Commerce will announce the briefing schedule to interested parties
at a later date. Interested parties may submit case briefs on the
deadline that Commerce will announce. 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.\10\ 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.\11\ Executive summaries
should be limited to five pages total, including footnotes.
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\10\ See 19 CFR 351.309(d)(1).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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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.\12\ 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 and time of the hearing two days before the
scheduled date.
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\12\ See 19 CFR 351.310(c).
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All submissions, including case and rebuttal briefs or requests for
a hearing, should be filed using ACCESS \13\ and must be served on
interested parties.\14\ An electronically-filed document must be
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Time on the established deadline.\15\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\16\
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\13\ See 19 CFR 351.303 (for general filing requirements).
\14\ See 19 CFR 351.303(f).
\15\ See 19 CFR 351.303(b)(1).
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Final Results of Review
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
Upon completion of the administrative review, pursuant to section
751(a)(2)(A) of the Act, Commerce shall determine, 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.
For individually examined respondents whose calculated 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
[[Page 50027]]
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). 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 assessment
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 Perfiles 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 the LTFV investigation, if there is
no rate for the intermediate company(ies) involved in the
transaction.\17\ For a full discussion of this matter, see Assessment
Policy Notice.\18\
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\17\ See Order, 73 FR at 45405.
\18\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
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For those companies which were not individually examined, we will
instruct CBP to assess antidumping duties at an ad valorem rate equal
to each company's weighted-average dumping margin as determined in the
final results of this review.
Commerce intends to issue assessment instructions to CBP no earlier
than 41 days after the date of publication of the final results of this
review in the Federal Register, in accordance with 19 CFR 356.8(a). 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.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be equal to the weighted-average dumping
margin established in the final results of this administrative 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 rates will be zero; (2) for companies not participating in this
review, the cash deposit rate will continue to be the company-specific
rate published for the most recently completed segment of this
proceeding in which the producer or exporter participated; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original LTFV 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.\19\
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\19\ See Order, 73 FR at 45405.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Commerce'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: August 31, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual Examination
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2021-19320 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-DS-P
