Heavy Walled Rectangular Welded Steel Pipes and Tubes From Mexico: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results, 77265-77266 [2023-24830]
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Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices
V. Discussion of the Issues
Comment 1: Quarterly Costs
Comment 2: Movement Expenses
Comment 3: Inland Insurance Currency
Conversion
Comment 4: Commission Expenses
Currency Conversion
VI. Recommendation
[FR Doc. 2023–24810 Filed 11–8–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–847]
Heavy Walled Rectangular Welded
Steel Pipes and Tubes From Mexico:
Notice of Court Decision Not in
Harmony With the Results of
Antidumping Administrative Review;
Notice of Amended Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 19, 2023, the U.S.
Court of International Trade (CIT)
issued its final judgment in Nucor
Tubular Products Inc. v. United States,
Court No. 21–00543, sustaining the U.S.
Department of Commerce’s (Commerce)
remand results pertaining to the
administrative review of the
antidumping duty (AD) order on heavy
walled rectangular welded steel pipes
and tubes (HWR pipes and tubes) from
Mexico covering the period of review
(POR), September 1, 2018, through
August 31, 2019. Commerce is notifying
the public that the CIT’s final judgment
is not in harmony with Commerce’s
final results of the administrative review
and that Commerce is amending the
final results with respect to the
dumping margins assigned to
Maquilacero S.A. de C.V. (Maquilacero)
and Productos Laminados de Monterrey
S.A. de C.V. (Prolamsa).
DATES: Applicable July 29, 2023.
FOR FURTHER INFORMATION CONTACT:
David Crespo, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3693.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Background
On August 2, 2021, Commerce
published its Final Results.1 In the Final
1 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from Mexico: Final Results
of Antidumping Duty Administrative Review; 2018–
2019, 86 FR 41448 (August 2, 2021) (Final Results),
and accompanying Issues and Decision
Memorandum (IDM).
VerDate Sep<11>2014
18:22 Nov 08, 2023
Jkt 262001
Results, Commerce made no changes to
the Preliminary Results 2 and continued
to rely on the same (1) home market and
U.S. sales for Maquilacero’s cost
recovery test; and (2) currency
conversion programming for Prolamsa.
We found that Maquilacero and
Prolamsa did not make sales of subject
merchandise at less than normal value
(NV) during the POR.
Nucor Tubular Products, Inc. (Nucor),
i.e., the domestic interested party,
appealed Commerce’s Final Results. On
January 18, 2023, the CIT remanded the
Final Results to Commerce to reconsider
Nucor’s ministerial error comments and
reexamine (1) the placeholder numbers
used to calculate Maquilacero’s
quarterly costs in the Preliminary
Results; and (2) Commerce’s assessment
of Prolamsa’s home market price
calculations and correct any potential
errors in its currency conversions.3
Specifically, the CIT held that
Commerce needed to reconsider the
above company-specific calculations in
order to address the ministerial error
comments and correctly implement its
quarterly cost methodology for
Maquilacero, and calculate the correct
NV for Prolamsa, so that Commerce
meets its obligation to calculate
antidumping duty rates as accurately as
possible.4 In the Final Remand, issued
in March 2023, Commerce reconsidered
the facts on the record and corrected the
(1) time period of U.S. sales used in
Maquilacero’s home market SAS
program to be based on all U.S. sales
made in the POR; and (2) currency of
certain variables to base Prolamsa’s NV
calculation on the correct currency.5 On
July 19, 2023, the CIT sustained
Commerce’s Final Remand.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)
2 See Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes from Mexico: Preliminary
Results of Antidumping Duty Administrative
Review; 2018–2019, 86 FR 7067 (January 26, 2021)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
3 See Nucor Tubular Products Inc. v. United
States, 619 F. Supp. 3d 1279 (CIT 2023).
4 Id. at 1286–7.
5 See Final Results of Redetermination Pursuant
to Court Remand, Nucor Tubular Products Inc. v.
United States, 619 F. Supp. 3d 1279 (CIT 2023),
dated March 17, 2023 (Final Remand).
6 See Nucor Tubular Products Inc. v. United
States, Court No. 21–00543, Slip Op. 23–104 (CIT
2023).
7 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
8 See Diamond Sawblades Mfrs. Coal. v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond
Sawblades).
PO 00000
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Fmt 4703
Sfmt 4703
77265
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 suspend liquidation
of entries pending a ‘‘conclusive’’ court
decision. The CIT’s July 19, 2023,
judgment constitutes a final decision of
the CIT that is not in harmony with
Commerce’s Final Results. Thus, this
notice is published in fulfillment of the
publication requirements of Timken.
Amended Final Results
Because there is now a final court
judgment, Commerce is amending its
Final Results with respect to Prolamsa,
Maquilacero, and the margin for nonselected companies as follows: 9
Producer/exporter
Weightedaverage
dumping
margin
(percent)
Maquilacero S.A. de C.V ............
Productos Laminados de
Monterrey S.A. de C.V ............
Arco Metal S.A. de C.V ..............
Forza Steel S.A. de C.V .............
Industrias Monterrey, S.A. de
C.V ...........................................
Perfiles y Herrajes LM S.A. de
C.V ...........................................
PYTCO S.A. de C.V ...................
Regiomontana de Perfiles y
Tubos S.A. de C.V ..................
Ternium S.A. de C.V ...................
Tuberia Nacional, S.A. de C.V ...
Tuberias Procarsa S.A. de C.V ..
3.48
2.11
2.51
2.51
2.51
2.51
2.51
2.51
2.51
2.51
2.51
Cash Deposit Requirements
Because Maquilacero and Prolamsa
each have cash deposit rates that have
been superseded by a subsequent
administrative review of the AD order at
this time, Commerce will not issue
revised cash deposit instructions to U.S.
Customs and Border Protection (CBP).
This notice will not affect the current
cash deposit rate for these two
companies.
With respect to all the non-selected
companies, because the cash deposit
rates have not been superseded by a
subsequent administrative review of the
AD order at this time, Commerce
intends to issue amended cash deposit
instructions to CBP.
Liquidation of Suspended Entries
Because the CIT’s ruling has not been
appealed, in accordance with 19 CFR
351.212(b), Commerce intends to
instruct CBP to assess antidumping
duties on the following unliquidated
entries of subject merchandise: (1)
9 See Final Remand for details related to the
margin calculations.
E:\FR\FM\09NON1.SGM
09NON1
77266
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices
produced and exported by Maquilacero;
(2) produced and exported by Prolamsa;
and (3) produced and/or exported by the
non-selected companies. Commerce
intends to instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review when the
importer-specific ad valorem
assessment rate is not zero or de
minimis. Where an importer-specific ad
valorem assessment rate is zero or de
minimis,10 Commerce intends to
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c) and
(e) and 777(i)(1) of the Act.
Dated: November 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–24830 Filed 11–8–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–859]
Light-Walled Rectangular Pipe and
Tube From the Republic of Korea:
Final Affirmative Determination of
Circumvention of the Antidumping
Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of light-walled rectangular pipe
and tube (LWRPT), completed in the
Socialist Republic of Vietnam (Vietnam)
using hot-rolled steel (HRS) produced in
the Republic of Korea (Korea), are
circumventing the antidumping duty
(AD) order on LWRPT from Korea.
DATES: Applicable November 9, 2023.
FOR FURTHER INFORMATION CONTACT:
George McMahon or Carolyn Adie, 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) 482–1167 or (202) 482–6250,
respectively.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Background
On August 5, 2008, Commerce
published in the Federal Register the
10 See
19 CFR 351.106(c)(2).
VerDate Sep<11>2014
18:48 Nov 08, 2023
Jkt 262001
AD order on LWRPT from Korea.1 On
August 4, 2022, Commerce initiated a
country-wide circumvention inquiry to
determine whether certain imports of
LWRPT completed in Vietnam using
HRS produced in Korea are
circumventing the Order.2 On April 12,
2023, Commerce published in the
Federal Register its Preliminary
Determination that imports of LWRPT
completed in Vietnam using HRS
produced in Korea are circumventing
the Order.3
On May 15, 2023, Commerce
extended the deadline for the final
determination of this circumvention
inquiry to August 4, 2023.4 On July 20,
2023, Commerce further extended the
deadline for the final determination to
November 2, 2023.5 For a summary of
events that occurred since the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for consideration in the final
determination, see the Issues and
Decision Memorandum.6
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
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 or WRPT Korea
Order).
2 See Circular Welded Carbon Quality Steel Pipe
from the People’s Republic of China; Certain
Circular Welded Non-Alloy Steel Pipe from the
Republic of Korea; Certain Welded Carbon Steel
Standard Pipes and Tubes from India; Certain
Circular Welded Carbon Steel Pipes and Tubes from
Taiwan; Certain Circular Welded Non-Alloy Steel
Pipe from Taiwan; Light-Walled Rectangular Pipe
and Tube from the People’s Republic of China;
Light-Walled Rectangular Pipe and Tube from the
Republic of Korea; Light-Walled Welded
Rectangular Carbon Steel Tubing from Taiwan:
Initiation of Circumvention Inquiries on the
Antidumping and Countervailing Duty Orders, 87
FR 47711 (August 4, 2022), and accompanying
Circumvention Initiation Memorandum.
3 See Light-Walled Rectangular Pipe and Tube
from the Republic of Korea: Preliminary
Determination of Circumvention of the
Antidumping Order, 88 FR 22002 (April 12, 2023)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
4 See Memorandum, ‘‘Extension of Deadline for
Issuing Final Determinations in Circumvention
Inquiries,’’ dated May 15, 2023.
5 See Memorandum, ‘‘Extension of Deadline for
Issuing Final Determinations in Circumvention
Inquiries,’’ dated July 20, 2023.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Circumvention Inquiry of the Antidumping Duty
Order on Light-Walled Rectangular Pipe and Tube
from the Republic of Korea,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
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.
Scope of the Order
The products covered by the Order
include certain welded carbon quality
light-walled steel pipe and tube, of
rectangular (including square) cross
section, having a wall thickness of less
than 4 mm. For a full description of the
scope of the Order, see the Issues and
Decision Memorandum.
Merchandise Subject to the
Circumvention Inquiry
This circumvention inquiry covers
LWRPT completed in Vietnam using
Korea-origin HRS, which is
subsequently exported from Vietnam to
the United States (inquiry merchandise).
Methodology
Commerce is conducting this
circumvention inquiry in accordance
with section 781(b) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.226. See Preliminary Determination
PDM for a full description of the
methodology.7 We have continued to
apply this methodology, without
exception, and incorporate by reference
this description of the methodology, for
our final determination.8
Determination of No Shipments
Based on the information provided by
Vina One Steel Manufacturing
Corporation (Vina One) in this
circumvention inquiry, Commerce
continues to find, as it did in the
Preliminary Determination, that Vina
One had no shipments of inquiry
merchandise to the United States during
the period of inquiry, January 1, 2017,
through December 31, 2021.9
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in these
inquiries are addressed in the Issues and
Decision Memorandum. A list of the
issues raised is attached to this notice at
Appendix I.
Based on our analysis of the
comments received from interested
parties, we made no changes to the
Preliminary Determination, except for
revisions to the certification language
(see Appendix II), which we have
modified in response to comments to
allow parties to also use the
7 See
Preliminary Determination PDM at 4–15.
Issues and Decision Memorandum at 2.
9 See Preliminary Determination PDM at 11–12;
see also Issues and Decision Memorandum at
Comment 15.
8 See
E:\FR\FM\09NON1.SGM
09NON1
]]>Agencies
[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Pages 77265-77266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24830]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-847]
Heavy Walled Rectangular Welded Steel Pipes and Tubes From
Mexico: Notice of Court Decision Not in Harmony With the Results of
Antidumping Administrative Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 19, 2023, the U.S. Court of International Trade (CIT)
issued its final judgment in Nucor Tubular Products Inc. v. United
States, Court No. 21-00543, sustaining the U.S. Department of
Commerce's (Commerce) remand results pertaining to the administrative
review of the antidumping duty (AD) order on heavy walled rectangular
welded steel pipes and tubes (HWR pipes and tubes) from Mexico covering
the period of review (POR), September 1, 2018, through August 31, 2019.
Commerce is notifying the public that the CIT's final judgment is not
in harmony with Commerce's final results of the administrative review
and that Commerce is amending the final results with respect to the
dumping margins assigned to Maquilacero S.A. de C.V. (Maquilacero) and
Productos Laminados de Monterrey S.A. de C.V. (Prolamsa).
DATES: Applicable July 29, 2023.
FOR FURTHER INFORMATION CONTACT: David Crespo, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3693.
SUPPLEMENTARY INFORMATION:
Background
On August 2, 2021, Commerce published its Final Results.\1\ In the
Final Results, Commerce made no changes to the Preliminary Results \2\
and continued to rely on the same (1) home market and U.S. sales for
Maquilacero's cost recovery test; and (2) currency conversion
programming for Prolamsa. We found that Maquilacero and Prolamsa did
not make sales of subject merchandise at less than normal value (NV)
during the POR.
---------------------------------------------------------------------------
\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from Mexico: Final Results of Antidumping Duty Administrative
Review; 2018-2019, 86 FR 41448 (August 2, 2021) (Final Results), and
accompanying Issues and Decision Memorandum (IDM).
\2\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from Mexico: Preliminary Results of Antidumping Duty
Administrative Review; 2018-2019, 86 FR 7067 (January 26, 2021)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
Nucor Tubular Products, Inc. (Nucor), i.e., the domestic interested
party, appealed Commerce's Final Results. On January 18, 2023, the CIT
remanded the Final Results to Commerce to reconsider Nucor's
ministerial error comments and reexamine (1) the placeholder numbers
used to calculate Maquilacero's quarterly costs in the Preliminary
Results; and (2) Commerce's assessment of Prolamsa's home market price
calculations and correct any potential errors in its currency
conversions.\3\ Specifically, the CIT held that Commerce needed to
reconsider the above company-specific calculations in order to address
the ministerial error comments and correctly implement its quarterly
cost methodology for Maquilacero, and calculate the correct NV for
Prolamsa, so that Commerce meets its obligation to calculate
antidumping duty rates as accurately as possible.\4\ In the Final
Remand, issued in March 2023, Commerce reconsidered the facts on the
record and corrected the (1) time period of U.S. sales used in
Maquilacero's home market SAS program to be based on all U.S. sales
made in the POR; and (2) currency of certain variables to base
Prolamsa's NV calculation on the correct currency.\5\ On July 19, 2023,
the CIT sustained Commerce's Final Remand.\6\
---------------------------------------------------------------------------
\3\ See Nucor Tubular Products Inc. v. United States, 619 F.
Supp. 3d 1279 (CIT 2023).
\4\ Id. at 1286-7.
\5\ See Final Results of Redetermination Pursuant to Court
Remand, Nucor Tubular Products Inc. v. United States, 619 F. Supp.
3d 1279 (CIT 2023), dated March 17, 2023 (Final Remand).
\6\ See Nucor Tubular Products Inc. v. United States, Court No.
21-00543, Slip Op. 23-104 (CIT 2023).
---------------------------------------------------------------------------
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 suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's July 19,
2023, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Results. Thus, this notice is published
in fulfillment of the publication requirements of Timken.
---------------------------------------------------------------------------
\7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\8\ See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d
1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to Prolamsa, Maquilacero, and the margin
for non-selected companies as follows: \9\
---------------------------------------------------------------------------
\9\ See Final Remand for details related to the margin
calculations.
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V...................................... 3.48
Productos Laminados de Monterrey S.A. de C.V................. 2.11
Arco Metal S.A. de C.V....................................... 2.51
Forza Steel S.A. de C.V...................................... 2.51
Industrias Monterrey, S.A. de C.V............................ 2.51
Perfiles y Herrajes LM S.A. de C.V........................... 2.51
PYTCO S.A. de C.V............................................ 2.51
Regiomontana de Perfiles y Tubos S.A. de C.V................. 2.51
Ternium S.A. de C.V.......................................... 2.51
Tuberia Nacional, S.A. de C.V................................ 2.51
Tuberias Procarsa S.A. de C.V................................ 2.51
------------------------------------------------------------------------
Cash Deposit Requirements
Because Maquilacero and Prolamsa each have cash deposit rates that
have been superseded by a subsequent administrative review of the AD
order at this time, Commerce will not issue revised cash deposit
instructions to U.S. Customs and Border Protection (CBP). This notice
will not affect the current cash deposit rate for these two companies.
With respect to all the non-selected companies, because the cash
deposit rates have not been superseded by a subsequent administrative
review of the AD order at this time, Commerce intends to issue amended
cash deposit instructions to CBP.
Liquidation of Suspended Entries
Because the CIT's ruling has not been appealed, in accordance with
19 CFR 351.212(b), Commerce intends to instruct CBP to assess
antidumping duties on the following unliquidated entries of subject
merchandise: (1)
[[Page 77266]]
produced and exported by Maquilacero; (2) produced and exported by
Prolamsa; and (3) produced and/or exported by the non-selected
companies. Commerce intends to instruct CBP to assess antidumping
duties on all appropriate entries covered by this review when the
importer-specific ad valorem assessment rate is not zero or de minimis.
Where an importer-specific ad valorem assessment rate is zero or de
minimis,\10\ Commerce intends to instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: November 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-24830 Filed 11-8-23; 8:45 am]
BILLING CODE 3510-DS-P
