Light-Walled Rectangular Pipe and Tube From Mexico: Final Results of Antidumping Duty Administrative Review; 2020-2021, 15665-15667 [2023-05209]
Download as PDF
Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Notices
rate of 76.46 percent (i.e., the Chinawide entity rate) to all entries of subject
merchandise during the POR that were
exported by these companies.
Additionally, if Commerce
determined that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under the exporter’s case
number will be liquidated at the Chinawide rate.
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be effective for
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date for the final results of
review, as provided for by section
751(a)(2)(C) of the Act: (1) for the
exporters listed in the table above, the
cash deposit rate will be the rate
established in the final results of review
that is listed for the exporter in the
table; (2) for previously investigated or
reviewed China and non-China
exporters not listed in the table above
that have separate rates, the cash
deposit rate will continue to be the
existing exporter-specific rate published
for the most recent period; (3) for all
China exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
will be the rate previously established
for the China-wide entity, which is
76.46 percent; and (4) for all non-China
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the China exporter that
supplied that non-China exporter. The
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 POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under administrative
protective order (APO) in accordance
VerDate Sep<11>2014
21:09 Mar 13, 2023
Jkt 259001
15665
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. 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 terms of an APO is a violation
which is subject to sanction.
Comment 16: Whether to Include Distance
in the Surrogate Value for Ocean Freight
Comment 17: Whether Commerce Should
Use 10-Digit Harmonized Schedule
Numbers for Surrogate Values
Comment 18: Whether Tyrechamp Group
Co., Limited Had Reviewable Entries
During the POR
Comment 19: Whether Kumho Tire Co.,
Inc. is Entitled to a Separate Rate
VIII. Recommendation
Notification to Interested Parties
We are issuing these final results of
administrative review and publishing
this notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h) and 351.221(b)(5).
[FR Doc. 2023–05148 Filed 3–13–23; 8:45 am]
Dated: March 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[A–201–836]
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Final Determination of No Shipments
V. Separate Rates
VI. Changes Since the Preliminary Results
VII. Discussion of the Issues
Comment 1: Whether Giti Failed to Report
Certain U.S. Sales
Comment 2: Whether to Apply Adverse
Facts Available (AFA) to Giti’s Warranty
Expenses
Comment 3: Whether to Apply AFA to
Giti’s Advertising Expenses
Comment 4: Whether to Account for Giti’s
Minor Corrections in its Final
Calculations
Comment 5: Whether Commerce Should
Adjust Giti’s Reported Section 301 Duty
Reporting for the Final Results
Comment 6: Whether Commerce Should
Correct the Value of Giti’s Factors Of
Production Usage
Comment 7: Whether Commerce Should
Add Giti’s Billing Adjustment in its
Countervailing Duty Offset and U.S. Net
Price Calculations
Comment 8: Whether Commerce Should
Correct the Surrogate Value Used for Rail
Freight
Comment 9: Whether Commerce Should
Apply AFA to Sumitomo
Comment 10: Whether to Apply the
Cohen’s d Test
Comment 11: Whether to Grant Sumitomo
a By-Product Offset
Comment 12: Whether to Grant
Sumitomo’s Rebate Price Adjustment
Comment 13: Whether Commerce Should
Use Sumitomo’s Reported Weight-Based
Calculations for Freight, Warehousing
and Marine Insurance Expenses
Comment 14: Whether Commerce Should
Make Changes to the Surrogate Values
Used for Natural Rubber for the Final
Results Margin Calculations
Comment 15: Whether Commerce Should
Make Changes to the Surrogate Values
Used for Ocean Freight for the Final
Results Margin Calculations
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Light-Walled Rectangular Pipe and
Tube From Mexico: 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
sales of light-walled rectangular pipe
and tube (LWRPT) from Mexico were
made at less than normal value during
the period of review (POR), August 1,
2020, through July 31, 2021.
DATES: Applicable March 14, 2023.
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:
AGENCY:
Background
On September 8, 2022, Commerce
published the Preliminary Results for
this review in the Federal Register and
invited interested parties to comment on
those results.1 From November 15 to
December 29, 2022, interested parties
submitted case and rebuttal briefs.2 For
1 See Light-Walled Rectangular Pipe and Tube
from Mexico: Preliminary Results and Partial
Rescission of the Antidumping Duty Administrative
Review; 2020–2021, 87 FR 54965 (September 8,
2022) (Preliminary Results) and accompanying
Preliminary Decision Memorandum.
2 See Nucor Tubular Products Inc. (Nucor)’s
Letter, ‘‘Nucor Tubular Case Brief,’’ dated
November 15, 2022; see also Regiomontana de
Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa)’s
Letter, ‘‘Case Brief;’’ dated November 15, 2022;
Perfiles LM, S.A. de C.V.’s Letter, ‘‘Case Brief of
Perfiles LM;’’ dated November 15, 2022;
Regiopytsa’s Letter, ‘‘Rebuttal Brief,’’ dated
November 22, 2022; Nucor’s Letter, ‘‘Nucor’s
E:\FR\FM\14MRN1.SGM
Continued
14MRN1
15666
Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Notices
a complete summary of events that have
occurred since Commerce published the
Preliminary Results, as well as a full
discussion of the issues raised by parties
for these final results, see the Issues and
Decision Memorandum.3 Commerce
conducted this review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).
Scope of the
Order 4
The products covered by the Order
are LWRPT from Mexico. For a
complete description of the scope, see
the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum.5 A
list of the issues that parties raised and
to which we responded in the Issues
and Decision Memorandum is attached
in an Appendix to this notice. The
Issues and Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain changes to the
preliminary weighted-average dumping
margins calculated for Maquilacero/
TEFLU, and Regiopytsa. For a detailed
discussion of these changes, see the
Issues and Decision Memorandum.6
Rates for Companies Not Selected for
Individual Examination
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
individual companies not selected for
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 for calculating the all-others
rate in an investigation, for guidance
when calculating the rate for companies
which Commerce did not examine 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.
For these final results of review, we
calculated a weighted-average dumping
margin for both respondents,
Maquilacero/TEFLU and Regiopytsa.
Consistent with section 735(c)(5)(A) of
the Act, we determined the weightedaverage dumping margin for each of the
non-selected companies based on the
weighted-average dumping margins
calculated for the mandatory
respondents.7
Final Results of Review
Commerce determines that the
following weighted-average dumping
margins exist for the period August 1,
2020, through July 31, 2021:
Weighted-average
dumping margin
(percent)
Producer or exporter
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 .......................................................................................................................
Disclosure
Commerce intends to disclose the
calculations performed for these final
results to interested parties in this
review under administrative protective
order within five days of the date of
publication of this notice in the Federal
Register, in accordance with 19 CFR
351.224(b).
Assessment Rate
ddrumheller on DSK120RN23PROD with NOTICES1
Pursuant to section 751(a)(2)(A) of the
Act, and 19 CFR 351.212(b)(1),
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review. In accordance with 19 CFR
351.212(b)(1), for Maquilacero/TEFLU
Tubular’s Rebuttal Brief Resubmission,’’ dated
December 29, 2022; and Maquilacero S.A. de C.V.
and Tecnicas de Fluidos S.A. de C.V. (collectively,
Maquilacero/TEFLU)’s Letter, ‘‘Resubmission of
Maquilacero S.A. de C.V.’s Case and Rebuttal
Briefs;’’ dated December 29, 2022.
3 See Memorandum, ‘‘Light-Walled Rectangular
Pipe and Tube from Mexico: Issues and Decision
Memorandum for the Final Results of Antidumping
VerDate Sep<11>2014
21:09 Mar 13, 2023
Jkt 259001
9.20
1.56
5.38
5.38
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.
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR for which
the examined companies did not know
that the merchandise they sold to an
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate such
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction.
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
Duty Administrative Review; 2020–2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
4 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).
5 See Issues and Decision Memorandum.
6 Id.
7 See Memorandum, ‘‘Final Results of the
Antidumping Duty Administrative Review of LightWalled Rectangular Pipe and Tube from Mexico:
Calculation of the Rate for Non-Selected
Respondents,’’ dated concurrently with this notice.
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
E:\FR\FM\14MRN1.SGM
14MRN1
Federal Register / Vol. 88, No. 49 / Tuesday, March 14, 2023 / Notices
of this review and for future deposits of
estimated duties, where applicable.8
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).
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rates for the companies
identified above in the ‘‘Final Results of
Review’’ will be equal to the companyspecific weighted-average dumping
margin established in the final results of
this administrative review; (2) for
merchandise exported by a company not
covered in this administrative review
but covered in a completed prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review or
completed prior segment of this
proceeding but the producer is, the cash
deposit rate will be the companyspecific rate established for the most
recently-completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be 3.76
percent, the rate established in the
investigation of this proceeding.9
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 POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
has occurred and the subsequent
assessment of double antidumping
duties.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to
8 See
9 See
section 751(a)(2)(C) of the Act.
Order, 73 FR at 45405.
VerDate Sep<11>2014
21:09 Mar 13, 2023
Jkt 259001
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the term of an APO is
a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5) and 19 CFR
351.213(h)(1).
Dated: March 7, 2023.
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 Issues
Comment 1: Whether Maquilacero and
TEFLU Should Continue to be Collapsed
Comment 2: Whether Products Sold by
TEFLU are In-Scope Merchandise
Comment 3: Whether Commerce Should
Use Unverified Maquilacero/TEFLU
Information
Comment 4: Whether Commerce Should
Modify its Treatment of Certain TEFLU
IMMEX Sales
Comment 5: Whether Commerce Should
Modify the Product Comparison
Methodology SAS Programming
Comment 6: Whether Commerce Must
Adjust its Differential Pricing Analysis
for Maquilacero/TEFLU
Comment 7: Whether to Reallocate Costs
for Prime and Non-Prime Products
Comment 8: Whether Commerce Should
Combine Maquilacero and TEFLU’s
Home Market Sales
Comment 9: Whether to Implement Certain
Corrections to TEFLU’s IMMEX Sales
Comment 10: Whether to Correct the
Application of Maquilacero/TEFLU’s
Transactions Disregarded Adjustment
Comment 11: Whether to Assign a Value
for U.S. Sales Where No Importer is
Reported
Comment 12: Whether to Include Abinsa’s
Late Payment Charges Revenue
Comment 13: Whether to Modify the
Treatment of Certain Agent-Related
Expenses
Comment 14: Whether to Allow
Maquilacero’s Packing Adjustment
Comment 15: Whether Commerce Should
Use Regiopytsa’s Quarterly Cost Periods
Comment 16: Whether Commerce Should
Use a Different General and
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
15667
Administrative Expense Ratio for
Regiopytsa
Comment 17: Whether Commerce Should
Modify Regiopytsa’s Net Financial
Expense Ratio
Comment 18: Whether Commerce Should
Rely on a Different Methodology for
Assigning a Weighted-Average Dumping
Margin to Perfiles
VI. Recommendation
[FR Doc. 2023–05209 Filed 3–13–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–056, A–552–821]
Certain Tool Chests and Cabinets
From the People’s Republic of China
and the Socialist Republic of Vietnam:
Final Results of the Expedited Sunset
Reviews of the Antidumping Duty
Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited
sunset reviews, the U.S. Department of
Commerce (Commerce) finds that
revocation of the antidumping duty
(AD) orders on certain tool chests and
cabinets (tool chests and cabinets) from
the People’s Republic of China (China)
and the Socialist Republic of Vietnam
(Vietnam) would be likely to lead to
continuation or recurrence of dumping
at the level indicated in the ‘‘Final
Results of Sunset Reviews’’ section of
this notice.
DATES: Applicable March 14, 2023.
FOR FURTHER INFORMATION CONTACT:
Claudia Cott, 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) 482–4270.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 4, 2018, Commerce published
in the Federal Register the AD orders on
tool chests from China and Vietnam.1
On December 1, 2022, Commerce
published the Initiation Notice of the
five-year sunset reviews of the Orders
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).2 In
accordance with 19 CFR 351.218(d)(1)(i)
and (ii), Commerce received notices of
1 See Certain Tool Chests and Cabinets from the
People’s Republic of China and the Socialist
Republic of Vietnam: Antidumping Duty Orders, 83
FR 25645 (June 4, 2018) (collectively, Orders).
2 See Initiation of Five-Year (Sunset) Reviews, 87
FR 73757 (December 1, 2022) (Initiation Notice).
E:\FR\FM\14MRN1.SGM
14MRN1
Agencies
[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15665-15667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05209]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Final Results
of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
sales of light-walled rectangular pipe and tube (LWRPT) from Mexico
were made at less than normal value during the period of review (POR),
August 1, 2020, through July 31, 2021.
DATES: Applicable March 14, 2023.
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 8, 2022, Commerce published the Preliminary Results
for this review in the Federal Register and invited interested parties
to comment on those results.\1\ From November 15 to December 29, 2022,
interested parties submitted case and rebuttal briefs.\2\ For
[[Page 15666]]
a complete summary of events that have occurred since Commerce
published the Preliminary Results, as well as a full discussion of the
issues raised by parties for these final results, see the Issues and
Decision Memorandum.\3\ Commerce conducted this review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Preliminary Results and Partial Rescission of the Antidumping Duty
Administrative Review; 2020-2021, 87 FR 54965 (September 8, 2022)
(Preliminary Results) and accompanying Preliminary Decision
Memorandum.
\2\ See Nucor Tubular Products Inc. (Nucor)'s Letter, ``Nucor
Tubular Case Brief,'' dated November 15, 2022; see also Regiomontana
de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa)'s Letter, ``Case
Brief;'' dated November 15, 2022; Perfiles LM, S.A. de C.V.'s
Letter, ``Case Brief of Perfiles LM;'' dated November 15, 2022;
Regiopytsa's Letter, ``Rebuttal Brief,'' dated November 22, 2022;
Nucor's Letter, ``Nucor's Tubular's Rebuttal Brief Resubmission,''
dated December 29, 2022; and Maquilacero S.A. de C.V. and Tecnicas
de Fluidos S.A. de C.V. (collectively, Maquilacero/TEFLU)'s Letter,
``Resubmission of Maquilacero S.A. de C.V.'s Case and Rebuttal
Briefs;'' dated December 29, 2022.
\3\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube
from Mexico: Issues and Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review; 2020-2021,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 4
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
The products covered by the Order are LWRPT from Mexico. For a
complete description of the scope, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum.\5\ A list of the issues that
parties raised and to which we responded in the Issues and Decision
Memorandum is attached in an Appendix to this notice. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\5\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average dumping margins calculated
for Maquilacero/TEFLU, and Regiopytsa. For a detailed discussion of
these changes, see the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------
\6\ Id.
---------------------------------------------------------------------------
Rates for Companies Not Selected for Individual Examination
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to individual companies not
selected for 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 for calculating the all-others rate in an investigation, for
guidance when calculating the rate for companies which Commerce did not
examine 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.
For these final results of review, we calculated a weighted-average
dumping margin for both respondents, Maquilacero/TEFLU and Regiopytsa.
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.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Final Results of the Antidumping Duty
Administrative Review of Light-Walled Rectangular Pipe and Tube from
Mexico: Calculation of the Rate for Non-Selected Respondents,''
dated concurrently with this notice.
---------------------------------------------------------------------------
Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period August 1, 2020, through July 31, 2021:
------------------------------------------------------------------------
Weighted-average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V./Tecnicas de Fluidos S.A. de 9.20
C.V................................................
Regiomontana de Perfiles y Tubos S. de R.L. de C.V.. 1.56
Perfiles LM, S.A. de C.V............................ 5.38
Productos Laminados de Monterrey S.A. de C.V........ 5.38
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed for these
final results to interested parties in this review under administrative
protective order within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. In accordance with 19 CFR
351.212(b)(1), for Maquilacero/TEFLU 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.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR for which the examined companies did
not know that the merchandise they sold to an intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate such
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
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
[[Page 15667]]
of this review and for future deposits of estimated duties, where
applicable.\8\
---------------------------------------------------------------------------
\8\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
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 cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rates for the companies
identified above in the ``Final Results of Review'' will be equal to
the company-specific weighted-average dumping margin established in the
final results of this administrative review; (2) for merchandise
exported by a company not covered in this administrative review but
covered in a completed prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment of this proceeding; (3) if the
exporter is not a firm covered in this review or completed prior
segment of this proceeding but the producer is, the cash deposit rate
will be the company-specific rate established for the most recently-
completed segment of this proceeding for the producer of the subject
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 3.76 percent, the rate established in the
investigation of this proceeding.\9\
---------------------------------------------------------------------------
\9\ See Order, 73 FR at 45405.
---------------------------------------------------------------------------
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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
the term of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5)
and 19 CFR 351.213(h)(1).
Dated: March 7, 2023.
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 Issues
Comment 1: Whether Maquilacero and TEFLU Should Continue to be
Collapsed
Comment 2: Whether Products Sold by TEFLU are In-Scope
Merchandise
Comment 3: Whether Commerce Should Use Unverified Maquilacero/
TEFLU Information
Comment 4: Whether Commerce Should Modify its Treatment of
Certain TEFLU IMMEX Sales
Comment 5: Whether Commerce Should Modify the Product Comparison
Methodology SAS Programming
Comment 6: Whether Commerce Must Adjust its Differential Pricing
Analysis for Maquilacero/TEFLU
Comment 7: Whether to Reallocate Costs for Prime and Non-Prime
Products
Comment 8: Whether Commerce Should Combine Maquilacero and
TEFLU's Home Market Sales
Comment 9: Whether to Implement Certain Corrections to TEFLU's
IMMEX Sales
Comment 10: Whether to Correct the Application of Maquilacero/
TEFLU's Transactions Disregarded Adjustment
Comment 11: Whether to Assign a Value for U.S. Sales Where No
Importer is Reported
Comment 12: Whether to Include Abinsa's Late Payment Charges
Revenue
Comment 13: Whether to Modify the Treatment of Certain Agent-
Related Expenses
Comment 14: Whether to Allow Maquilacero's Packing Adjustment
Comment 15: Whether Commerce Should Use Regiopytsa's Quarterly
Cost Periods
Comment 16: Whether Commerce Should Use a Different General and
Administrative Expense Ratio for Regiopytsa
Comment 17: Whether Commerce Should Modify Regiopytsa's Net
Financial Expense Ratio
Comment 18: Whether Commerce Should Rely on a Different
Methodology for Assigning a Weighted-Average Dumping Margin to
Perfiles
VI. Recommendation
[FR Doc. 2023-05209 Filed 3-13-23; 8:45 am]
BILLING CODE 3510-DS-P