Light-Walled Rectangular Pipe and Tube From Mexico: Final Results of Antidumping Duty Administrative Review; 2019-2020, 13973-13974 [2022-05211]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Pages 13973-13974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05211]



[[Page 13973]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-836]


Light-Walled Rectangular Pipe and Tube From Mexico: Final Results 
of Antidumping Duty Administrative Review; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that sales of 
light-walled rectangular pipe and tube from Mexico were made at less 
than normal value during the period of review (POR) August 1, 2019, 
through July 31, 2020.

DATES: Applicable March 11, 2022.

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 or (202) 482-5449, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 7, 2021, Commerce published the preliminary results of 
this administrative review of the antidumping duty order on light-
walled rectangular pipe and tube (LWRPT) from Mexico.\1\ We invited 
interested parties to comment on the Preliminary Results. A summary of 
events that occurred since Commerce published the Preliminary Results, 
as well as a full discussion of the issues raised by parties for these 
final results, are discussed in the Issues and Decision Memorandum.\2\ 
Commerce conducted this review in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (the Act).
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    \1\ See Light-Walled Rectangular Pipe and Tube from Mexico: 
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020, 86 FR 50025 (September 7, 2021) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube 
from Mexico: Issues and Decision Memorandum for the Final Results of 
Antidumping Duty Administrative Review; 2019-2020,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order 3
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    \3\ 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).
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    The product covered by the Order is light-walled rectangular pipe 
and tube from Mexico. For a full description of the scope, see the 
Issues and Decision Memorandum.

Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs in 
the Issues and Decision Memorandum.\4\ A list of the issues discussed 
in the Issues and Decisions Memorandum is attached in an appendix to 
this notice. The Issues and Decision Memorandum is a public document 
and is available electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic 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://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Issues and Decision Memorandum.
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Changes Since the Preliminary Results

    Based on our analysis of the comments received from interested 
parties, a review of the record, and for the reasons explained in the 
Issues and Decision Memorandum, we made certain changes to the 
Preliminary Results. For detailed information, see the Issues and 
Decision Memorandum.

Rate for Non-Selected Companies

    The Act and Commerce's regulations do not address the establishment 
of a weighted-average dumping margin to be applied to companies not 
selected for individual examination when Commerce limits its 
examination in an administrative review pursuant to section 777A(c)(2) 
of the Act. 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, for guidance when 
calculating the weighted-average dumping margin for companies which 
were not selected for individual examination in an administrative 
review. 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 rates that are zero, de 
minimis (i.e., less than 0.5 percent), or determined entirely on the 
basis of facts available.
    Consistent with section 735(c)(5)(A) of the Act, we determined the 
weighted-average dumping margin for each of the non-selected companies 
based on the weighted-average dumping margins calculated for the 
mandatory respondents, Perfiles LM, S.A. de C.V. (Perfiles) and 
Regiomontana de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa) in 
this administrative review.\5\
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    \5\ See Memorandum, ``Antidumping Duty Administrative Review of 
Light-Walled Rectangular Pipe and Tube from Mexico: Calculation of 
Margin for Respondents Not Selected for Individual Examination,'' 
dated concurrently with this notice. In the case of two mandatory 
respondents, our practice is to calculate: (A) A weighted average of 
the weighted-average dumping margins calculated for the mandatory 
respondents using each company's business proprietary total sales 
value of the subject merchandise; (B) a simple average of the 
weighted-average dumping margins calculated for the mandatory 
respondents: And (C) a weighted average of the weighted-average 
dumping margins calculated for the mandatory respondents using each 
company's publicly ranged total sales value for the subject 
merchandise. We compare (B) and (C) to (A) and select the (B) or (C) 
rate that is closest to (A) as the most appropriate rate for the 
companies not selected for individual examination. See Certain 
Crystalline Silicon Photovoltaic Products from Taiwan: Final Results 
of Antidumping Duty Administrative Review; 2014-2016, 82 FR 31555, 
31556 (July 7, 2017).
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Final Results of Review

    As a result of this review, Commerce determines the following 
weighted-average dumping margins exist for the period August 1, 2019, 
through July 31, 2020.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter or producer                    dumping margin
                                                             (percent)
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Perfiles LM, S.A. de C.V................................            0.62
Regiomontana de Perfiles y Tubos S. de R.L. de C.V.\6\..            1.09
Maquilacero S.A. de C.V.................................            0.96
Nacional de Acero S.A. de C.V...........................            0.96
Productos Laminados de Monterrey S.A. de C.V............            0.96
Ternium Mexico S.A. de C.V..............................            0.96
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Disclosure

    Commerce intends to disclose the calculations performed for these 
final results under administrative protective order within five days of 
the date of

[[Page 13974]]

publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).
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    \6\ 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.
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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 
Patrol (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. In accordance with 19 CFR 351.212(b)(1), for Perfiles and 
Regiopytsa, the mandatory respondents, Commerce calculated importer-
specific ad valorem antidumping duty assessment rates based on the 
ratio of the total amount of dumping calculated for each importer's 
examined sales to the total entered value of those same sales. Where 
either 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.
    Consistent with the reseller policy, for entries of subject 
merchandise during the POR produced by the mandatory respondents for 
which they did not know their merchandise was destined for the United 
States, we intend to instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\7\
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    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    The assessment rate for antidumping duties for each of the 
companies not selected for individual examination, will be equal to the 
weighted-average dumping margin identified above in the ``Final Results 
of Review'' section.
    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.\8\
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    \8\ See section 751(a)(2)(C) of the Act.
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    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). If 
a timely summons is filed at the U.S. Court of International Trade, the 
assessment instructions will direct CBP not to 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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of 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 the companies listed above will 
be equal to the weighted-average dumping margin established in the 
final results of this administrative review; (2) for merchandise 
exported by producers or exporters not covered in this review but 
covered in a prior completed segment of the proceeding, the cash 
deposit rate will continue to be the relevant company-specific rate 
published for the most recent period; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original investigation, 
but the producer has been covered in a prior complete segment of this 
proceeding, then the cash deposit rate will be the rate established for 
the most recently-completed segment for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 3.76 percent,\9\ the all-others rate 
established in the less-than-fair-value investigation.
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    \9\ See Order.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

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 serves as the only 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). Timely written 
notification of the return or 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 these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i) of the Act, and 
19 CFR 351.221(b)(5).

    Dated: March 4, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Perfiles' Reported Billing Adjustments
    Comment 2: Cohen's d Test
    Comment 3: Application of Adverse Facts Available to Perfiles' 
Home Market Sales
    Comment 4: Production Cost of Off-Grade and Defective Products
    Comment 5: Adjustment to Perfiles' Reported Coil Cost
    Comment 6: Unreconciled Differences of Perfiles' Production 
Costs
    Comment 7: Major Input Analysis
    Comment 8: Application of Adverse Facts Available to 
Regiopytsa's Financial Expense Ratio
VI. Recommendation

[FR Doc. 2022-05211 Filed 3-10-22; 8:45 am]
BILLING CODE 3510-DS-P