Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2020-2021, 54965-54968 [2022-19337]
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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
respective case and rebuttal briefs.16 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 the date and
time of the hearing two days before the
scheduled date.
Parties are reminded that all briefs
and hearing requests must be filed
electronically using ACCESS and
received successfully in their entirety by
5:00 p.m. Eastern Time on the due date.
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.17
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in any
written briefs, no later than 120 days
after the date of publication of these
preliminary results.
khammond on DSKJM1Z7X2PROD with NOTICES
Assessment Rate
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
shown above for the producers/
exporters shown above. Upon
completion of the administrative
review, consistent with section 751(a)(1)
of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries covered by this
review. We intend to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. 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 Rate
In accordance with section 751(a)(1)
of the Act, Commerce intends, upon
publication of the final results, to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for each of the
respective companies listed above on
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of final results of this
16 See
17 See
19 CFR 351.310(c).
Temporary Rule.
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administrative review. For all nonreviewed firms, we will instruct CBP to
continue to collect cash deposits of
estimated countervailing duties at the
most recent company-specific or allothers rate applicable to the company,
as appropriate. These cash deposit
instructions, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
These preliminary results of review
are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.213 and
351,221(b)(4).
Dated: August 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Benchmark Interest Rates and Discount
Rates
VI. Analysis of Programs
VII. Rate for Non-Examined Companies
VIII. Recommendation
Appendix II—Companies Not Selected
for Individual Examination
1. Adinath International
2. Allena Group
3. Alloyed Steel
4. Balkrishna Steel Forge Pvt. Ltd.
5. Bebitz Flanges Works Private Limited
6. C. D. Industries
7. Cetus Engineering Private Limited
8. CHW Forge
9. CHW Forge Pvt. Ltd.
10. Citizen Metal Depot
11. Corum Flange
12. DN Forge Industries
13. Echjay Forgings Limited
14. Falcon Valves and Flanges Private
Limited
15. Heubach International
16. Hindon Forge Pvt. Ltd.
17. Jai Auto Pvt. Ltd.
18. Kinnari Steel Corporation
19. Mascot Metal Manufacturers
20. M F Rings and Bearing Races Ltd.
21. Munish Forge Private Limited
22. OM Exports
23. Punjab Steel Works
24. Raaj Sagar Steels
25. Ravi Ratan Metal Industries
26. R.D. Forge
27. Rolex Fittings India Pvt. Ltd.
28. Rollwell Forge Engineering Components
and Flanges
29. Rollwell Forge Pvt. Ltd.
30. SHM (ShinHeung Machinery)
31. Siddhagiri Metal & Tubes
32. Sizer India
33. Steel Shape India
34. Sudhir Forgings Pvt. Ltd.
35. Tirupati Forge Pvt. Ltd.
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36. Umashanker Khandelwal Forging Limited
[FR Doc. 2022–19368 Filed 9–7–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–836]
Light-Walled Rectangular Pipe and
Tube From Mexico: Preliminary
Results and Partial Rescission of the
Antidumping Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Maquilacero S.A. de
C.V. (Maquilacero) and Tecnicas de
Fluidos S.A. de C.V. (TEFLU),
(collectively, Maquilacero/TEFLU) and
Regiomontana de Perfiles y Tubos S. de
R.L. de C.V. (Regiopytsa) made sales of
light-walled rectangular pipe and tube
from Mexico at less than normal value
during the period of review August 1,
2020, through July 31, 2021. We are also
rescinding this review for 14 companies
where timely requests for withdrawals
were filed by all parties who requested
their review. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable September 8, 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 and (202) 482–5449,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 5, 2008, Commerce
published the antidumping duty order
on light-walled rectangular pipe and
tube from Mexico in the Federal
Register.1 On August 2, 2021, we
published a notice of opportunity to
request an administrative review of the
Order.2 On October 7, 2021, based on
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 Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 86 FR 41436
(August 2, 2021).
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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
timely requests for reviews, in
accordance with 19 CFR
351.221(c)(1)(i), we initiated an
administrative review of the Order
covering 18 companies.3 On October 27,
2021, we selected Maquilacero/TEFLU
and Regiopytsa for individual
examination as the mandatory
respondents in this administrative
review.4
For a complete description of the
events that followed the initiation of the
review, see the Preliminary Decision
Memorandum.5 A list of topics included
in the Preliminary Decision
Memorandum is included in the
appendix to this notice. 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://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The merchandise subject to the Order
is 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
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.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation. Commerce received
a timely-filed withdrawal request from
Nucor Tubular Products Inc. (Nucor) on
January 5, 2022, withdrawing its request
for 14 companies, pursuant to 19 CFR
351.213(d)(1).6 Because the withdrawal
request was timely filed, and no other
party requested a review of these
companies, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review of the Order with respect
Aceros Cuatro Caminos S.A. de C.V.;
Arco Metal S.A. de C.V.; Fabricaciones
y Servicios de Mexico; Galvak, S.A. de
C.V.; Grupo Estructuras y Perfiles;
Industrias Monterrey S.A. de C.V;
Internacional de Aceros, S.A. de C.V.;
Nacional de Acero S.A. de C.V.; PEASAProductos 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. However, Perfiles LM, S.A. de
C.V. (Perfiles) and Productos Laminados
de Monterrey S.A. de C.V. (Prolamsa)
remain subject to this review.
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 weighted-average
dumping margins for Maquilacero/
TEFLU and Regiopysta that are not zero,
de minimis, or based entirely on total
facts available. For the respondents that
were not selected for individual
examination in this administrative
review, we have assigned to them the
simple average of the margins for
Maquilacero/TEFLU and Regiopysta,
consistent with the guidance in section
735(c)(5)(B) of the Act.7
Preliminary Results of Review
We preliminarily determine that, for
the period August 1, 2020, through July
31, 2021, the following estimated
weighted-average dumping margins
exist:
Weightedaverage
dumping
margin
(percent)
Exporter or producer
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Maquilacero S.A. de C.V./Tecnicas de Fluidos S.A. de C.V ..............................................................................................................
Regiomontana de Perfiles y Tubos S. de R.L. de C.V .......................................................................................................................
Perfiles LM, S.A. de C.V .....................................................................................................................................................................
Productos Laminados de Monterrey S.A. de C.V ...............................................................................................................................
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
55811, 55813 (October 7, 2021) (Initiation Notice).
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. in 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 (PDM), 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).
The successor company, Regiomontana de Perfiles
y Tubos S. de R.L. de C.V., is merely a revision of
the type of incorporation under Mexican law that
did not impact the company’s ownership,
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18:19 Sep 07, 2022
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management, or operations. For the current review,
the Initiation Notice included both the current and
former versions of Regiopytsa’s company name.
Additionally, we collapsed Maquilacero and TEFLU
in the 2018–19 administrative review. See LightWalled 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 PDM, 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).
Because there is no information on the record of
this administrative review that would lead us to
revisit this determination, we are continuing to treat
these companies as part of a single entity for the
purposes of this administrative review.
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3.11
4.47
3.79
3.79
4 See Memorandum, ‘‘Respondent Selection,’’
dated October 27, 2021.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results: Light-Walled Rectangular
Pipe and Tube from Mexico; 2020–2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
6 See Nucor’s Letter, ‘‘Partial Withdrawal of
Request for Administrative Review,’’ dated January
5, 2022.
7 See Memorandum, ‘‘Calculation of Non-Selected
Rate in Preliminary Results,’’ 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).
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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
Disclosure
We intend to disclose the calculations
performed for these preliminary results
to parties within five days after the date
of publication of this notice.8
Verification
On January 18, 2022, Nucor requested
that Commerce conduct verification of
Maquilacero/TEFLU’s and Regiopytsa’s
responses. Accordingly, as provided in
section 782(i)(3) of the Act, Commerce
intends to verify the information relied
upon in determining its final results.
khammond on DSKJM1Z7X2PROD with NOTICES
Public Comment
Interested parties will be notified of
the timeline for the submission of such
case briefs and written comments at a
later date. 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.9 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.10 Executive summaries
should be limited to five pages total,
including footnotes.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
Commerce’s electronic records system,
ACCESS, within 30 days of the date of
publication of this notice.11 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.
All submissions to Commerce should
be filed using ACCESS.12 An
electronically filed document must be
received successfully in its entirety by
ACCESS, by 5:00 p.m. Eastern Time on
the date that the document is due. Note
that Commerce has modified certain of
its requirements for serving documents
8 See
19 CFR 351.224(b).
19 CFR 351.309(d)(1).
10 See 19 CFR 351.309(c)(2) and (d)(2).
11 See 19 CFR 351.310(c).
12 See 19 CFR 351.303.
containing business proprietary
information, until further notice.13
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 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). If the respondent has not
reported entered values, we will
calculate a per-unit assessment rate for
each importer by dividing the total
amount of dumping calculated for the
examined sales made to that importer by
the total quantity associated with those
transactions. To determine whether an
importer-specific, per-unit assessment
rate is de minimis, in accordance with
19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad
valorem ratio based on estimated
entered values.
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
9 See
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18:19 Sep 07, 2022
Jkt 256001
review that were produced by
Maquilacero/TEFLU 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.14 For a full
discussion of this issue, see the
Assessment Policy Notice.15
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.
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).
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.16
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
14 See
Order, 73 FR at 45405.
Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
16 See Order, 73 FR at 45405.
15 See
13 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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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
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, 2022.
Lisa W. Wang,
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. Companies Not Selected for Individual
Examination
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022–19337 Filed 9–7–22; 8:45 am]
BILLING CODE 3510–DS–P
(202) 482–4849 or (202) 482–6187,
respectively.
scope of the Order is contained in the
Issues and Decision Memorandum.7
SUPPLEMENTARY INFORMATION:
Analysis of Comments Received
Background
On March 4, 2022, Commerce
published in the Federal Register the
Preliminary Results of the 2020–2021
administrative review of the
antidumping duty order on SS Bar from
India.1 We invited interested parties to
comment on the Preliminary Results
and on June 30, 2022, Carpenter
Technology Corporation, Crucible
Industries LLC, Electralloy, a Division of
G.O. Carlson, Inc., North American
Stainless, Universal Stainless & Alloy
Products, Inc., and Valbruna Slater
Stainless, Inc. (collectively, the
petitioners) submitted timely filed case
briefs.2 On July 6 and 12, 2022, Venus
Wire Industries Pvt. Ltd., Hindustan
Inox, Precision Metals and Sieves
Manufacturers (India) Pvt. Ltd.
(collectively, the Venus Group) and
Laxcon Steels Limited, Ocean Steels
Private Limited, Metlax International
Private Limited, Parvati Private Limited,
and Mega Steels Private Limited
(collectively, Laxcon), respectively,
submitted timely filed rebuttal briefs.3
On June 6, 2022, we extended the
preliminary results of this review to no
later than August 31, 2022.4 For a
complete description of the events that
followed the initiation of this review,
see the Issues and Decision
Memorandum.5
Scope of the Order 6
The products covered by the Order
are SS Bar. A full description of the
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–810]
Stainless Steel Bar From India: Final
Results of Antidumping Duty
Administrative Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
exporters/producers of stainless steel
bar (SS Bar) from India made sales at
prices below normal value during the
period of review (POR) of February 1,
2020, through January 31, 2021.
DATES: Applicable September 8, 2022.
FOR FURTHER INFORMATION CONTACT:
Jacob Keller or Konrad Ptaszynski, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
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AGENCY:
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1 See Stainless Steel Bar from India: Preliminary
Results and Partial Rescission of Antidumping Duty
Administrative Review; 2020–2021, 87 FR 12428
(March 4, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Petitioner’s Letters, ‘‘Petitioners’ Case Brief
Concerning Laxcon,’’ dated June 30, 2022; and
‘‘Petitioners’ Case Brief Concerning Venus,’’ dated
June 30, 2022.
3 See Laxcon’s Letter, ‘‘Rebuttal of Petitioner Case
Brief Concerning to Laxcon Steels Limited of AntiDumping Order on Stainless Steels Bar from India
(A–533–810),’’ dated July 12, 2022; see also Venus
Group’s Letter, ‘‘Rebuttal Brief,’’ dated August 6,
2022. We rejected the Venus Group’s initial rebuttal
brief submission because it contained untimely new
factual information. Accordingly, the Venus Group
resubmitted its redacted rebuttal brief on August 6,
2022.
4 See Memorandum, ‘‘Extension of Deadline for
Final Results of Countervailing Duty Administrative
Review; 2020–2021,’’ dated June 6, 2022.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review of
Stainless Steel Bar from India; 2020–2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
6 See Antidumping Duty Orders: Stainless Steel
Bar from Brazil, India and Japan, 60 FR 9661
(February 21, 1995) (Order).
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All issues raised in the case and
rebuttal briefs filed by interested parties
in this review are addressed in the
Issues and Decision Memorandum. A
list of the topics discussed in the Issues
and Decision Memorandum is included
in the appendix to this notice. The
Issues and Decision Memorandum is a
public document and is made available
to the public electronically via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we made certain
changes to the margin calculation for
Laxcon. For a discussion of these
changes, see the Issues and Decision
Memorandum.
Use of Adverse Facts Available
Pursuant to sections 776(a) and (b) of
the Tariff Act of 1930, as amended (the
Act), and for the reasons explained in
the Issues and Decision Memorandum,
we applied certain changes to Laxcon’s
margin calculation based on the use of
partial adverse facts available.
Final Results of Administrative Review
As a result of this administrative
review, Commerce determines that the
following estimated weighted-average
dumping margins exists for the period
February 1, 2020, through January 31,
2021:
7 See
Issues and Decision Memorandum.
these companies are known as the
Venus Group.
9 We are not disclosing any final margin
calculations for Venus Wire Industries Pvt. Ltd.,
and its affiliates Hindustan Inox Ltd., Precision
Metals and Sieves Manufacturers (India) Pvt. Ltd.
because we made no changes to the preliminary
margin calculations, and we have not performed
any calculations in connection with this final
determination. See Memorandum, ‘‘Administrative
Review of the Antidumping Duty Order on
Stainless-Steel Bar from India—Preliminary
Analysis Memorandum for the Venus Group; 2020–
2021,’’ dated February 25, 2022.
10 Collectively, these companies are known as
Laxcon.
8 Collectively,
E:\FR\FM\08SEN1.SGM
08SEN1
]]>Agencies
[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54965-54968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19337]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary
Results and Partial Rescission of the Antidumping Duty Administrative
Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Maquilacero S.A. de C.V. (Maquilacero) and Tecnicas de
Fluidos S.A. de C.V. (TEFLU), (collectively, Maquilacero/TEFLU) and
Regiomontana de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa) made
sales of light-walled rectangular pipe and tube from Mexico at less
than normal value during the period of review August 1, 2020, through
July 31, 2021. We are also rescinding this review for 14 companies
where timely requests for withdrawals were filed by all parties who
requested their review. We invite interested parties to comment on
these preliminary results.
DATES: Applicable September 8, 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 and (202) 482-5449,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2008, Commerce published the antidumping duty order on
light-walled rectangular pipe and tube from Mexico in the Federal
Register.\1\ On August 2, 2021, we published a notice of opportunity to
request an administrative review of the Order.\2\ On October 7, 2021,
based on
[[Page 54966]]
timely requests for reviews, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the Order
covering 18 companies.\3\ On October 27, 2021, we selected Maquilacero/
TEFLU and Regiopytsa for individual examination as the mandatory
respondents in this administrative review.\4\
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\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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 86 FR 41436 (August 2, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 55811, 55813 (October 7, 2021)
(Initiation Notice). 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. in 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 (PDM), 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).
The successor company, Regiomontana de Perfiles y Tubos S. de R.L.
de C.V., 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 Initiation Notice
included both the current and former versions of Regiopytsa's
company name. Additionally, we collapsed Maquilacero and TEFLU in
the 2018-19 administrative review. 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 PDM, 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). Because there is no information on the record of this
administrative review that would lead us to revisit this
determination, we are continuing to treat these companies as part of
a single entity for the purposes of this administrative review.
\4\ See Memorandum, ``Respondent Selection,'' dated October 27,
2021.
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For a complete description of the events that followed the
initiation of the review, see the Preliminary Decision Memorandum.\5\ A
list of topics included in the Preliminary Decision Memorandum is
included in the appendix to this notice. 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://access.trade.gov/public/FRNoticesListLayout.aspx.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results: Light-Walled Rectangular Pipe and Tube from Mexico; 2020-
2021,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is 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 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.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received a timely-
filed withdrawal request from Nucor Tubular Products Inc. (Nucor) on
January 5, 2022, withdrawing its request for 14 companies, pursuant to
19 CFR 351.213(d)(1).\6\ Because the withdrawal request was timely
filed, and no other party requested a review of these companies, in
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this
review of the Order with respect Aceros Cuatro Caminos S.A. de C.V.;
Arco Metal S.A. de C.V.; Fabricaciones y Servicios de Mexico; Galvak,
S.A. de C.V.; Grupo Estructuras y Perfiles; 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.
However, Perfiles LM, S.A. de C.V. (Perfiles) and Productos Laminados
de Monterrey S.A. de C.V. (Prolamsa) remain subject to this review.
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\6\ See Nucor's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated January 5, 2022.
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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 weighted-average dumping margins
for Maquilacero/TEFLU and Regiopysta that are not zero, de minimis, or
based entirely on total facts available. For the respondents that were
not selected for individual examination in this administrative review,
we have assigned to them the simple average of the margins for
Maquilacero/TEFLU and Regiopysta, consistent with the guidance in
section 735(c)(5)(B) of the Act.\7\
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\7\ See Memorandum, ``Calculation of Non-Selected Rate in
Preliminary Results,'' 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).
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Preliminary Results of Review
We preliminarily determine that, for the period August 1, 2020,
through July 31, 2021, the following estimated weighted-average dumping
margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping margin
(percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V./Tecnicas de Fluidos S.A. de C.V 3.11
Regiomontana de Perfiles y Tubos S. de R.L. de C.V...... 4.47
Perfiles LM, S.A. de C.V................................ 3.79
Productos Laminados de Monterrey S.A. de C.V............ 3.79
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[[Page 54967]]
Disclosure
We intend to disclose the calculations performed for these
preliminary results to parties within five days after the date of
publication of this notice.\8\
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\8\ See 19 CFR 351.224(b).
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Verification
On January 18, 2022, Nucor requested that Commerce conduct
verification of Maquilacero/TEFLU's and Regiopytsa's responses.
Accordingly, as provided in section 782(i)(3) of the Act, Commerce
intends to verify the information relied upon in determining its final
results.
Public Comment
Interested parties will be notified of the timeline for the
submission of such case briefs and written comments at a later date.
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.\9\ 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.\10\ Executive summaries should be limited to five pages
total, including footnotes.
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\9\ See 19 CFR 351.309(d)(1).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
Commerce's electronic records system, ACCESS, within 30 days of the
date of publication of this notice.\11\ 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.
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\11\ See 19 CFR 351.310(c).
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All submissions to Commerce should be filed using ACCESS.\12\ An
electronically filed document must be received successfully in its
entirety by ACCESS, by 5:00 p.m. Eastern Time on the date that the
document is due. Note that Commerce has modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\13\
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\12\ See 19 CFR 351.303.
\13\ 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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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 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). If the
respondent has not reported entered values, we will calculate a per-
unit assessment rate for each importer by dividing the total amount of
dumping calculated for the examined sales made to that importer by the
total quantity associated with those transactions. To determine whether
an importer-specific, per-unit assessment rate is de minimis, in
accordance with 19 CFR 351.106(c)(2), we also will calculate an
importer-specific ad valorem ratio based on estimated entered values.
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 Maquilacero/TEFLU 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.\14\ For a full discussion of this issue,
see the Assessment Policy Notice.\15\
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\14\ See Order, 73 FR at 45405.
\15\ 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 that companies 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).
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.\16\
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\16\ See Order, 73 FR at 45405.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
[[Page 54968]]
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, 2022.
Lisa W. Wang,
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. Companies Not Selected for Individual Examination
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022-19337 Filed 9-7-22; 8:45 am]
BILLING CODE 3510-DS-P
