Light-Walled Rectangular Pipe and Tube From Mexico: Amended Final Results of Antidumping Duty Administrative Review; 2020-2021, 30723-30725 [2023-10213]
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lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices
Security (‘‘BIS’’) licenses or other
authorizations issued under ECRA, in
which the person had an interest at the
time of the conviction, may be revoked.
Id.
BIS received notice of Skolseg’s
conviction for violating 18 U.S.C. 554.
As provided in section 766.25 of the
Export Administration Regulations
(‘‘EAR’’ or the ‘‘Regulations’’), BIS
provided notice and opportunity for
Skolseg to make a written submission to
BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Skolseg.
Based upon my review of the record
and consultations with BIS’s Office of
Exporter Services, including its
Director, and the facts available to BIS,
I have decided to deny Skolseg’s export
privileges under the Regulations for a
period of five years from the date of
Skolseg’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Skolseg had an interest at the time of his
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
September 10, 2025, Colby Stephan
Skolseg, with a last known address of 94
Pleasant View, Drayton Valley, Alberta,
Canada, T7A 1M9, and when acting for
or on his behalf, his successors, assigns,
employees, agents or representatives
(‘‘the Denied Person’’), may not directly
or indirectly participate in any way in
any transaction involving any
commodity, software or technology
(hereinafter collectively referred to as
‘‘item’’) exported or to be exported from
the United States that is subject to the
Regulations, including, but not limited
to:
A. Applying for, obtaining, or using
any license, license exception, or export
control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or engaging
in any other activity subject to the
Regulations; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2022).
3 The Director, Office of Export Enforcement, is
the authorizing official for issuance of denial orders
pursuant to amendments to the Regulations (85 FR
73411, November 18, 2020).
VerDate Sep<11>2014
19:11 May 11, 2023
Jkt 259001
from any other activity subject to the
Regulations.
Second, no person may, directly or
indirectly, do any of the following:
A. Export, reexport, or transfer (incountry) to or on behalf of the Denied
Person any item subject to the
Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, pursuant to section 1760(e) of
ECRA and sections 766.23 and 766.25 of
the Regulations, any other person, firm,
corporation, or business organization
related to Skolseg by ownership,
control, position of responsibility,
affiliation, or other connection in the
conduct of trade or business may also be
made subject to the provisions of this
Order in order to prevent evasion of this
Order.
Fourth, in accordance with part 756 of
the Regulations, Skolseg may file an
appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to Skolseg and shall be
published in the Federal Register.
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30723
Sixth, this Order is effective
immediately and shall remain in effect
until September 10, 2025.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–10103 Filed 5–11–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–836]
Light-Walled Rectangular Pipe and
Tube From Mexico: Amended 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) is amending the
final results of the administrative review
of the antidumping duty order on lightwalled rectangular pipe and tube
(LWRPT) from Mexico to correct certain
ministerial errors. The period of review
is August 1, 2020, through July 31, 2021.
DATES: Applicable May 12, 2023.
FOR FURTHER INFORMATION CONTACT: John
Conniff, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1009.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 14, 2023, Commerce
published the Final Results of the 2020–
2021 administrative review of LWRPT
from Mexico.1 Additionally, on March
13, 2023, Commerce informed interested
parties that it had disclosed all
calculations for the Final Results, and
provided them with the opportunity to
submit ministerial error comments.2
Subsequently, on March 20, 2023,
Commerce received a timely filed
allegation from Regiomontana de
Perfiles y Tubos S. de R.L. de C.V.
(Regiopytsa) regarding the calculation of
its final weighted-average dumping
margin.3 No other interested party
submitted comments.
1 See Light-Walled Rectangular Pipe and Tube
from Mexico: Final Results of Antidumping Duty
Administrative Review; 2020–2021, 88 FR 15665
(March 14, 2023) (Final Results), and accompanying
Issues and Decision Memorandum.
2 See Memorandum, ‘‘Deadline for Ministerial
Error Comments,’’ dated March 13, 2023.
3 See Regiopytsa’s Letter, ‘‘Ministerial Error
Comments,’’ dated March 20, 2023.
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12MYN1
30724
Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Legal Framework
Section 751(h) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.224(f) define a ‘‘ministerial error’’ as
including ‘‘errors in addition,
subtraction, or other arithmetic
function, clerical errors resulting from
inaccurate copying, duplication, or the
like, and any other unintentional error
which the administering authority
considers ministerial.’’ With respect to
final results of administrative reviews,
19 CFR 351.224(e) provides that
Commerce ‘‘will analyze any comments
received and, if appropriate, correct any
ministerial error by amending . . . the
final results of review . . . .’’
Ministerial Error
Regiopytsa alleges that Commerce
made a ministerial error in the Final
Results within the meaning of section
751(h) of the Act and 19 CFR 351.224(f)
by inadvertently basing average normal
value and U.S. prices on quarterly
weighted-average home market and U.S.
prices, rather than on monthly
weighted-average prices. Regiopytsa
argues that Commerce’s practice is to
based average normal value and average
U.S. prices on monthly averages of
home market and U.S. prices,
respectively. This error resulted in an
incorrect weighted-average dumping
margin calculated for Regiopytsa.
We agree with Regiopytsa that
Commerce made a ministerial error in
its use of quarterly average prices for
normal value and average U.S. prices.
Pursuant to 777A(d)(2) of the Act, in an
administrative review, a normal value
based on comparison market prices
must be limited to the period of a
calendar month. By extension, when
using the average-to-average comparison
method, average U.S. prices must also
be limited to U.S. market prices to the
period of a calendar month. We have
revised the margin calculations such
that normal value and average U.S. price
is based on monthly weighted-average
home market and U.S. prices,
respectively.
Details of Commerce’s analysis of
Regiopytsa’s ministerial error allegation
are included in the Ministerial Error
Allegation Memorandum.4 The
Ministerial Error Allegation
Memorandum is a public document and
is available via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
4 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Light-Walled Rectangular
Pipe and Tube from Mexico; 2020–2021: Ministerial
Error Allegation,’’ dated concurrently with this
notice (Ministerial Error Allegation Memorandum).
VerDate Sep<11>2014
19:11 May 11, 2023
Jkt 259001
C.V. (Maquilacero) and Tecnicas de
Fluidos S.A. de C.V. (TEFLU)
(collectively, Maquilacero/TEFLU) and
Regiopytsa, we calculated importerspecific ad valorem antidumping duty
assessment rates based on the ratio of
the total amount of dumping calculated
for the examined sales for each importer
to the total entered value of the sales for
each importer. Where an importerspecific antidumping duty assessment
rate is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1),
Commerce 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 period of
review produced by either Maquilacero/
Amended Final Results of Review
TEFLU or Regiopytsa for which the
examined company did not know that
As a result of correcting the
ministerial error, Commerce determines the merchandise that they sold to the
intermediary company (e.g., a reseller,
that the following weighted-average
trading company, or exporter) was
dumping margins exist for the period
destined for the United States. In such
August 1, 2020, through July 31, 2021:
instances, we will instruct CBP to
liquidate such entries at the all-others
Weightedaverage
rate if there is no rate for the
Producer or exporter
dumping
intermediate company(ies) involved in
margin
the transaction.
(percent)
For the companies which were not
selected for individual examination, we
Maquilacero S.A. de C.V./
Tecnicas de Fluidos S.A.
will instruct CBP to assess antidumping
de C.V.7 ............................
9.20 duties at an ad valorem assessment rate
Regiomontana de Perfiles y
equal to the company-specific weightedTubos S. de R.L. de C.V ..
1.44 average dumping margin determined in
Perfiles LM, S.A. de C.V ......
5.32
these amended final results.
Productos Laminados de
The amended final results of this
Monterrey S.A. de C.V ......
5.32
review shall be the basis for the
assessment of antidumping duties on
Disclosure
entries of merchandise covered by the
We will disclose the calculations
amended final results of this review and
performed for these amended final
for future deposits of estimated duties,
results to parties to this segment of the
where applicable.8
proceeding within five days of the date
Commerce intends to issue
of the publication of these amended
assessment instructions to CBP no
final results, pursuant to 19 CFR
earlier than 41 days after the date of
351.224(b).
publication of the amended final results
of this review in the Federal Register,
Assessment Rate
in accordance with 19 CFR 356.8(a).
Pursuant to section 751(a)(2)(C) of the
Cash Deposit Requirements
Act and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
The following cash deposit
Customs and Border Protection (CBP)
requirements will be effective
shall assess, antidumping duties on all
retroactively for all shipments of subject
appropriate entries of subject
merchandise that entered, or were
merchandise in accordance with these
withdrawn from warehouse, for
amended final results of the
consumption on or after March 14,
administrative review.
2023, the date of publication of the
In accordance with 19 CFR
Final Results of this administrative
351.212(b)(1), for Maquilacero S.A. de
review. As provided for by section
751(a)(2)(C) of the Act: (1) the cash
5 Id.
deposit rate for the companies listed
6 See Memorandum, ‘‘Amended Non-Examined
above will be equal to the weightedCompany Rate Calculation,’’ dated concurrently
average dumping margin established in
with this notice.
these amended final results of review;
7 The weighted-average dumping margin for
ACCESS is available to registered users
at https://access.trade.gov.
Accordingly, pursuant to 19 CFR
351.224(e), Commerce is amending the
Final Results to reflect the correction of
this ministerial error in the calculation
of the weighted-average dumping
margin for Regiopytsa, which changes
from 1.56 percent to 1.44 percent.5
Furthermore, we are amending the
weighted-average dumping margin for
the companies not selected for
individual examination in this review.
The weighted-average dumping margin
for the non-examined companies is
based on the weighted-average dumping
margins calculated for the mandatory
respondents, which changes from 5.38
percent to 5.32 percent.6
Maquilacero/TEFLU remains unchanged from the
Final Results. See Final Results, 88 FR at 15666.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
8 See
E:\FR\FM\12MYN1.SGM
section 751(a)(2)(C) of the Act.
12MYN1
Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Notices
(2) for exporters not covered in this
review but covered in a prior segment
of the proceeding, the cash deposit rate
will continue to be the companyspecific rate published for the most
recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review or another
completed segment of this proceeding,
but the producer is, then 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) if neither the
exporter nor the producer is a firm
covered in this or any previously
completed segment of this proceeding,
then the cash deposit rate will be the
all-others rate of 3.76 percent
established in the less-than-fair-value
investigation.9
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during the period of review.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an 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 terms of an APO is
a sanctionable violation.
lotter on DSK11XQN23PROD with NOTICES1
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
9 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).
VerDate Sep<11>2014
19:11 May 11, 2023
Jkt 259001
751(h) and 777(i)(1) of the Act, and 19
CFR 351.224(e).
Dated: May 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–10213 Filed 5–11–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–552–826]
Utility Scale Wind Towers From the
Socialist Republic of Vietnam: Notice
of Court Decision Not in Harmony With
the Final Determination of
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 27, 2023, the U.S.
Court of International Trade (CIT)
issued its final judgment in Wind Tower
Trade Coalition v. United States, Court
No. 20–03692, sustaining the U.S.
Department of Commerce’s (Commerce)
final results of redetermination
pertaining to the countervailing duty
(CVD) investigation of utility scale wind
towers (wind towers) from the Socialist
Republic of Vietnam (Vietnam) covering
the period of investigation January 1,
2018, through December 31, 2018.
Commerce is notifying the public that
the CIT’s final judgment is not in
harmony with Commerce’s final
determination in that investigation.
DATES: Applicable April 27, 2023.
FOR FURTHER INFORMATION CONTACT:
Carolyn Adie or Frank Schmitt, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6250 or (202) 482–4880,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 6, 2020, Commerce published
its Final Determination in the CVD
investigation of wind towers from
Vietnam.1 Commerce calculated a final
subsidy rate for the mandatory
respondent, CS Wind Vietnam Co., Ltd.
(a.k.a. CS Wind Tower Co., Ltd.) (CS
Wind Vietnam), and assigned the
1 See Utility Scale Wind Towers from the Socialist
Republic of Vietnam: Final Affirmative
Countervailing Duty Determination and Negative
Determination of Critical Circumstance, 85 FR
40229 (July 6, 2020) (Final Determination), and
accompanying Issues and Decision Memorandum.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
30725
subsidy rate calculated for CS Wind
Vietnam as the all-others rate.2
Commerce subsequently published the
CVD order on wind towers from
Vietnam.3
The Wind Tower Trade Coalition
appealed Commerce’s Final
Determination. On March 24, 2022, the
CIT remanded the Final Determination
to Commerce, instructing Commerce to:
(1) discuss and address certain evidence
and arguments that the Wind Tower
Trade Coalition raised pertaining to
potential manipulation; and (2)
substantiate its conclusion as to the
import status of certain steel plate in
light of evidence that detracts from its
conclusions, and to further explain its
subsidy calculations for the Import Duty
Exemptions program.4
In its final results of redetermination,
issued on July 21, 2022, Commerce
provided further explanation and
analysis of the evidence and arguments
presented by the Wind Tower Trade
Coalition concerning manipulation, and
provided further explanation to
substantiate our finding that certain
steel plate imports were sourced from
within Vietnam, rather than imported.
Based on the results of these analyses,
the CVD rates calculated in the Final
Determination remain unchanged.5 The
CIT sustained Commerce’s final results
of redetermination.6
Timken Notice
In its decision in Timken,7 as clarified
by Diamond Sawblades,8 the U.S. Court
of Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e)
of the Tariff Act of 1930, as amended
(the Act), Commerce must publish a
notice of court decision that is not ‘‘in
harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
April 27, 2023, judgment constitutes a
2 Id.
3 See Utility Scale Wind Towers from Canada,
Indonesia, and the Socialist Republic of Vietnam:
Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Orders, 85
FR 52543 (August 26, 2020).
4 See Wind Tower Trade Coalition v. United
States, Court No. 20–03692, Slip. Op. 22–27 (CIT
March 24, 2022).
5 See Final Results of Redetermination Pursuant
to Court Remand, Wind Tower Trade Coalition v.
United States, Court No. 20–03692, Slip. Op. 22–
27 (CIT March 24, 2022), dated July 21, 2022,
available at https://access.trade.gov/resources/
remands/.
6 See Wind Tower Trade Coalition v. United
States, Slip. Op. 23–63 (CIT April 27, 2023).
7 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
8 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
E:\FR\FM\12MYN1.SGM
12MYN1
]]>Agencies
[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Notices]
[Pages 30723-30725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10213]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Amended 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) is amending the
final results of the administrative review of the antidumping duty
order on light-walled rectangular pipe and tube (LWRPT) from Mexico to
correct certain ministerial errors. The period of review is August 1,
2020, through July 31, 2021.
DATES: Applicable May 12, 2023.
FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1009.
SUPPLEMENTARY INFORMATION:
Background
On March 14, 2023, Commerce published the Final Results of the
2020-2021 administrative review of LWRPT from Mexico.\1\ Additionally,
on March 13, 2023, Commerce informed interested parties that it had
disclosed all calculations for the Final Results, and provided them
with the opportunity to submit ministerial error comments.\2\
Subsequently, on March 20, 2023, Commerce received a timely filed
allegation from Regiomontana de Perfiles y Tubos S. de R.L. de C.V.
(Regiopytsa) regarding the calculation of its final weighted-average
dumping margin.\3\ No other interested party submitted comments.
---------------------------------------------------------------------------
\1\ See Light-Walled Rectangular Pipe and Tube from Mexico:
Final Results of Antidumping Duty Administrative Review; 2020-2021,
88 FR 15665 (March 14, 2023) (Final Results), and accompanying
Issues and Decision Memorandum.
\2\ See Memorandum, ``Deadline for Ministerial Error Comments,''
dated March 13, 2023.
\3\ See Regiopytsa's Letter, ``Ministerial Error Comments,''
dated March 20, 2023.
---------------------------------------------------------------------------
[[Page 30724]]
Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act) and
19 CFR 351.224(f) define a ``ministerial error'' as including ``errors
in addition, subtraction, or other arithmetic function, clerical errors
resulting from inaccurate copying, duplication, or the like, and any
other unintentional error which the administering authority considers
ministerial.'' With respect to final results of administrative reviews,
19 CFR 351.224(e) provides that Commerce ``will analyze any comments
received and, if appropriate, correct any ministerial error by amending
. . . the final results of review . . . .''
Ministerial Error
Regiopytsa alleges that Commerce made a ministerial error in the
Final Results within the meaning of section 751(h) of the Act and 19
CFR 351.224(f) by inadvertently basing average normal value and U.S.
prices on quarterly weighted-average home market and U.S. prices,
rather than on monthly weighted-average prices. Regiopytsa argues that
Commerce's practice is to based average normal value and average U.S.
prices on monthly averages of home market and U.S. prices,
respectively. This error resulted in an incorrect weighted-average
dumping margin calculated for Regiopytsa.
We agree with Regiopytsa that Commerce made a ministerial error in
its use of quarterly average prices for normal value and average U.S.
prices. Pursuant to 777A(d)(2) of the Act, in an administrative review,
a normal value based on comparison market prices must be limited to the
period of a calendar month. By extension, when using the average-to-
average comparison method, average U.S. prices must also be limited to
U.S. market prices to the period of a calendar month. We have revised
the margin calculations such that normal value and average U.S. price
is based on monthly weighted-average home market and U.S. prices,
respectively.
Details of Commerce's analysis of Regiopytsa's ministerial error
allegation are included in the Ministerial Error Allegation
Memorandum.\4\ The Ministerial Error Allegation Memorandum is a public
document and is available 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.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Antidumping Duty Administrative Review of
Light-Walled Rectangular Pipe and Tube from Mexico; 2020-2021:
Ministerial Error Allegation,'' dated concurrently with this notice
(Ministerial Error Allegation Memorandum).
---------------------------------------------------------------------------
Accordingly, pursuant to 19 CFR 351.224(e), Commerce is amending
the Final Results to reflect the correction of this ministerial error
in the calculation of the weighted-average dumping margin for
Regiopytsa, which changes from 1.56 percent to 1.44 percent.\5\
Furthermore, we are amending the weighted-average dumping margin for
the companies not selected for individual examination in this review.
The weighted-average dumping margin for the non-examined companies is
based on the weighted-average dumping margins calculated for the
mandatory respondents, which changes from 5.38 percent to 5.32
percent.\6\
---------------------------------------------------------------------------
\5\ Id.
\6\ See Memorandum, ``Amended Non-Examined Company Rate
Calculation,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Amended Final Results of Review
As a result of correcting the ministerial error, Commerce
determines that the following weighted-average dumping margins exist
for the period August 1, 2020, through July 31, 2021:
---------------------------------------------------------------------------
\7\ The weighted-average dumping margin for Maquilacero/TEFLU
remains unchanged from the Final Results. See Final Results, 88 FR
at 15666.
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V./Tecnicas de Fluidos S.A. de 9.20
C.V.\7\................................................
Regiomontana de Perfiles y Tubos S. de R.L. de C.V...... 1.44
Perfiles LM, S.A. de C.V................................ 5.32
Productos Laminados de Monterrey S.A. de C.V............ 5.32
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed for these amended final
results to parties to this segment of the proceeding within five days
of the date of the publication of these amended final results, pursuant
to 19 CFR 351.224(b).
Assessment Rate
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
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with these amended final
results of the administrative review.
In accordance with 19 CFR 351.212(b)(1), for Maquilacero S.A. de
C.V. (Maquilacero) and Tecnicas de Fluidos S.A. de C.V. (TEFLU)
(collectively, Maquilacero/TEFLU) and Regiopytsa, we calculated
importer-specific ad valorem antidumping duty assessment rates based on
the ratio of the total amount of dumping calculated for the examined
sales for each importer to the total entered value of the sales for
each importer. Where an importer-specific antidumping duty assessment
rate is zero or de minimis within the meaning of 19 CFR 351.106(c)(1),
Commerce 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 period of review produced by either
Maquilacero/TEFLU or Regiopytsa for which the examined company did not
know that the merchandise that they sold to the intermediary company
(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.
For the companies which were not selected for individual
examination, we will instruct CBP to assess antidumping duties at an ad
valorem assessment rate equal to the company-specific weighted- average
dumping margin determined in these amended final results.
The amended final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the amended 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 amended 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
retroactively for all shipments of subject merchandise that entered, or
were withdrawn from warehouse, for consumption on or after March 14,
2023, the date of publication of the Final Results of this
administrative review. As provided for 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 these
amended final results of review;
[[Page 30725]]
(2) for exporters not covered in this review but covered in a 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 another completed segment of this proceeding, but the
producer is, then 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) if neither the exporter nor the
producer is a firm covered in this or any previously completed segment
of this proceeding, then the cash deposit rate will be the all-others
rate of 3.76 percent established in the less-than-fair-value
investigation.\9\
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\9\ 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).
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the period of review. Failure to comply with
this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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 terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).
Dated: May 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-10213 Filed 5-11-23; 8:45 am]
BILLING CODE 3510-DS-P
