Light-Walled Rectangular Pipe and Tube From Mexico: Final Results of Antidumping Duty Administrative Review; 2021-2022, 17815-17817 [2024-05221]
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Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices
to the United States that are entered, or
withdrawn from warehouse, for
consumption on or after June 1, 2023
(i.e., the date of the initiation of this
inquiry).4 The suspension of liquidation
and cash deposit requirements will
remain in effect until further notice.
Administrative Protective Order
This notice will serve as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
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
Commerce is issuing and publishing
this affirmative final determination of
circumvention in accordance with
sections 781(c) of the Act and 19 CFR
351.226(g)(2).
Dated: March 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–05227 Filed 3–11–24; 8:45 am]
BILLING CODE 3510–DS–P
DATES:
Applicable March 12, 2024.
John
Conniff or Charles Doss, 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) 482–4474,
respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On September 8, 2023, Commerce
published the Preliminary Results for
this review in the Federal Register and
invited interested parties to comment on
those results.1 From January 22 to 29,
2024, interested parties submitted case
and rebuttal briefs.2 For 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
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–836]
Light-Walled Rectangular Pipe and
Tube From Mexico: Final Results of
Antidumping Duty Administrative
Review; 2021–2022
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,
2021, through July 31, 2022.
SUMMARY:
4 See
Initiation Notice.
See Light-Walled Rectangular Pipe and Tube
from Mexico: Preliminary Results and Partial
Rescission of the Antidumping Duty Administrative
Review; 2021–2022, 88 FR 62056 (September 8,
2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Nucor Tubular Products Inc. (Nucor)’s
Letter, ‘‘Case Brief,’’ dated January 22, 2024; see
also Maquilacero S.A. de C.V.’s (Maquilacero)’s
Letter, ‘‘Case Brief;’’ dated January 22, 2024; Perfiles
LM, S.A. de C.V.’s Letter, ‘‘Case Brief;’’ dated
January 22, 2024; Productos Laminados de
Monterrey S.A. de C.V. and its affiliated U.S.
khammond on DSKJM1Z7X2PROD with NOTICES
1
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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
reseller, Prolamsa, Inc (jointly, Prolamsa)’s Letter,
‘‘Rebuttal Brief;’’ Nucor’s Letter, ‘‘Rebuttal Brief,’’
dated January 29, 2024; and Regiomontana de
Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa)’s
Letter, ‘‘Rebuttal Brief,’’ dated January 29, 2024.
3 See Memorandum, ‘‘Light-Walled Rectangular
Pipe and Tube from Mexico: Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Administrative Review; 2021–2022,’’ 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;
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
17815
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 the 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
that are not zero, de minimis, or based
entirely on the basis of facts available.
Accordingly, 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
Final Results of Review
Commerce determines that the
following weighted-average dumping
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.
E:\FR\FM\12MRN1.SGM
12MRN1
17816
Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices
margins exist for the period August 1,
2021, through July 31, 2022:
Weighted-average
dumping margin
(percent)
Exporter or producer
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 .................................................................................................................
Aceros Cuatro Caminos S.A. de C.V ............................................................................................................................................
Arco Metal S.A. de C.V .................................................................................................................................................................
Fabricaciones y Servicios de Mexico ............................................................................................................................................
Galvak, S.A. de C.V ......................................................................................................................................................................
Grupo Estructuras y Perfiles .........................................................................................................................................................
Industrias Monterrey S.A. de C.V ..................................................................................................................................................
Internacional de Aceros, S.A. de C.V ...........................................................................................................................................
Nacional de Acero S.A. de C.V .....................................................................................................................................................
PEASA-Productos Especializados de Acero .................................................................................................................................
Perfiles LM, S.A. de C.V ...............................................................................................................................................................
Productos Laminados de Monterrey S.A. de C.V .........................................................................................................................
Talleres Acero Rey S.A. de C.V ....................................................................................................................................................
Ternium Mexico S.A. de C.V .........................................................................................................................................................
Tuberias Aspe S.A de C.V ............................................................................................................................................................
Tuberia Laguna, S.A. de C.V ........................................................................................................................................................
Tuberias y Derivados S.A. de C.V ................................................................................................................................................
Disclosure
Commerce intends to disclose the
calculations performed for these final
results to interested parties in this
review within five days of the date of
publication of this notice in the Federal
Register, in accordance with 19 CFR
351.224(b).
khammond on DSKJM1Z7X2PROD with NOTICES
Assessment Rates
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), where the respondents
reported the entered value of their U.S.
sales, Commerce calculated importerspecific 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 the respondents did not
report entered value, we calculated a
per-unit assessment rate for each
importer by dividing the total amount of
dumping calculated for the examined
sales made to that importer by the total
quantity associated with those sales. To
determine whether an importer-specific,
per-unit assessment rate is de minimis,
in accordance with 19 CFR
351.106(c)(2), we also calculated an
importer-specific ad valorem ratio based
on estimated entered values. 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,
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19:36 Mar 11, 2024
Jkt 262001
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
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).
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
8
PO 00000
See section 751(a)(2)(C) of the Act.
Frm 00008
Fmt 4703
Sfmt 4703
2.64
1.36
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
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
9
See Order, 73 FR at 45405
E:\FR\FM\12MRN1.SGM
12MRN1
Federal Register / Vol. 89, No. 49 / Tuesday, March 12, 2024 / Notices
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).
Dated: March 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
khammond on DSKJM1Z7X2PROD with NOTICES
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 Products Sold by
TEFLU are In-Scope Merchandise
Comment 2: Whether Commerce Should
Modify the Product Characteristics Used
in Model Matching
Comment 3: Whether Commerce Should
Alter its Treatment of Level of Trade
(LOT) Fields in the Margin Program
Comment 4: Whether Commerce Should
Remove TEFLU’s Sample Sales from
Maquilacero/TEFLU’s Margin
Calculation
Comment 5: Whether Commerce Should
Remove Date of Payment and Credit
Expense Adjustments from its Margin
Calculation
Comment 6: Whether Commerce Must
Adjust its Differential Pricing Analysis
for Maquilacero/TEFLU
Comment 7: Adjustment of Maquilacero’s
Domestic Brokerage and Handling (B&H)
Charges
Comment 8: Whether Commerce Should
Use Updated Financial Statements
Comment 9: Whether Commerce Should
Reject Regiopytsa’s Change in
Depreciation Methodology
Comment 10: Whether Regiopytsa’s Total
Direct Material Costs Are Consistent
with its Financial Statements
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19:36 Mar 11, 2024
Jkt 262001
Comment 11: Whether Commerce Should
Revise the Scrap Offset
Comment 12: Whether Commerce Should
Revise Regiopytsa’s General and
Administrative (G&A) Expenses
Comment 13: Whether Commerce Should
Rely on a Different Methodology for
Assigning a Weighted-Average Dumping
Margin to Perfiles
VI. Recommendation
[FR Doc. 2024–05221 Filed 3–11–24; 8:45 am]
17817
in accordance with section 751(a)(3)(A)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.213(h)(2).2
For details regarding the events that
occurred since the Preliminary Results,
see the Issues and Decision
Memorandum.3
Scope of the Order 4
DEPARTMENT OF COMMERCE
The products covered by this Order
are certain passenger vehicle and light
truck tires from China. For a complete
description of the scope of the Order,
see the Preliminary Results.
International Trade Administration
Analysis of Comments Received
[A–570–016]
We addressed all the issues raised in
the case and rebuttal briefs in the Issues
and Decision Memorandum. A list of
the issues that parties raised is provided
in Appendix I of 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.
BILLING CODE 3510–DS–P
Certain Passenger Vehicle and Light
Truck Tires From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
the exporters of passenger vehicle and
light truck tires (passenger tires) from
the People’s Republic of China (China)
listed in the ‘‘Final Results of Review’’
section below, sold subject merchandise
at less than normal value during the
period of review (POR), August 1, 2021,
through July 31, 2022. Further, we also
determine that certain companies under
review had no shipments of subject
merchandise to the United States during
the POR.
DATES: Applicable March 12, 2024.
FOR FURTHER INFORMATION CONTACT:
Caroline Carroll or Terre Keaton
Stefanova, AD/CVD Operations, Office
IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4948 or
(202) 482–1280, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 7, 2023, we published
the Preliminary Results and invited
interested parties to comment.1 On
December 4, 2023, Commerce extended
the deadline of the final results of this
administrative review to March 5, 2024,
1 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Preliminary Results of Antidumping Duty
Administrative Review, Partial Rescission, and
Preliminary Determination of No Shipments; 2021–
2022, 88 FR 61506 (September 7, 2023) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Changes Since the Preliminary Results
Based on comments received from
interested parties regarding the
Preliminary Results, we have made
certain changes to the margin
calculations for Giti and Sumitomo.5
For a discussion of these changes, see
the Issues and Decision Memorandum.
2 See Memorandum, ‘‘Extension of Deadline for
Final Results of 2021–2022 Antidumping Duty
Administrative Review,’’ dated December 4, 2023.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review of
Certain Passenger Vehicle and Light Truck Tires
from the People’s Republic of China and Final
Determination of No Shipments; 2021–2022,’’ dated
concurrently with, and hereby adopted by, this
notice.
4 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Amended Final Affirmative Antidumping Duty
Determination and Antidumping Duty Order; and
Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 80
FR 47902 (August 10, 2015) (Order).
5 Giti consists of the following companies: Giti
Tire Global Trading Pte. Ltd.; Giti Radial Tire
(Anhui) Company Ltd.; Giti Tire (Fujian) Company
Ltd.; Giti Tire (Hualin) Company, Ltd.; Giti Tire
Greatwall Company. Ltd.; Giti Tire (Anhui)
Company; Giti Tire (Yinchuan) Company Ltd.; and
Giti Tire (Chongqing) Company Ltd. (collectively,
Giti). Sumitomo consists of the following
companies: Sumitomo Rubber (Hunan) Co., Ltd.;
Sumitomo Rubber (Changshu) Co., Ltd. (SRC); and
Sumitomo Rubber Industries Ltd. (collectively,
Sumitomo).
E:\FR\FM\12MRN1.SGM
12MRN1
Agencies
[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Notices]
[Pages 17815-17817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05221]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Final Results
of Antidumping Duty Administrative Review; 2021-2022
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, 2021, through July 31, 2022.
DATES: Applicable March 12, 2024.
FOR FURTHER INFORMATION CONTACT: John Conniff or Charles Doss, 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) 482-4474,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 8, 2023, Commerce published the Preliminary Results
for this review in the Federal Register and invited interested parties
to comment on those results.\1\ From January 22 to 29, 2024, interested
parties submitted case and rebuttal briefs.\2\ For 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; 2021-2022, 88 FR 62056 (September 8, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Nucor Tubular Products Inc. (Nucor)'s Letter, ``Case
Brief,'' dated January 22, 2024; see also Maquilacero S.A. de C.V.'s
(Maquilacero)'s Letter, ``Case Brief;'' dated January 22, 2024;
Perfiles LM, S.A. de C.V.'s Letter, ``Case Brief;'' dated January
22, 2024; Productos Laminados de Monterrey S.A. de C.V. and its
affiliated U.S. reseller, Prolamsa, Inc (jointly, Prolamsa)'s
Letter, ``Rebuttal Brief;'' Nucor's Letter, ``Rebuttal Brief,''
dated January 29, 2024; and Regiomontana de Perfiles y Tubos S. de
R.L. de C.V. (Regiopytsa)'s Letter, ``Rebuttal Brief,'' dated
January 29, 2024.
\3\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube
from Mexico: Issues and Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review; 2021-2022,'' 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 the 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
that are not zero, de minimis, or based entirely on the basis of facts
available. Accordingly, 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
[[Page 17816]]
margins exist for the period August 1, 2021, through July 31, 2022:
------------------------------------------------------------------------
Weighted-average
Exporter or producer dumping margin
(percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V./Tecnicas de Fluidos S.A. de 2.64
C.V.................................................
Regiomontana de Perfiles y Tubos S. de R.L. de C.V... 1.36
Aceros Cuatro Caminos S.A. de C.V.................... 2.00
Arco Metal S.A. de C.V............................... 2.00
Fabricaciones y Servicios de Mexico.................. 2.00
Galvak, S.A. de C.V.................................. 2.00
Grupo Estructuras y Perfiles......................... 2.00
Industrias Monterrey S.A. de C.V..................... 2.00
Internacional de Aceros, S.A. de C.V................. 2.00
Nacional de Acero S.A. de C.V........................ 2.00
PEASA-Productos Especializados de Acero.............. 2.00
Perfiles LM, S.A. de C.V............................. 2.00
Productos Laminados de Monterrey S.A. de C.V......... 2.00
Talleres Acero Rey S.A. de C.V....................... 2.00
Ternium Mexico S.A. de C.V........................... 2.00
Tuberias Aspe S.A de C.V............................. 2.00
Tuberia Laguna, S.A. de C.V.......................... 2.00
Tuberias y Derivados S.A. de C.V..................... 2.00
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Disclosure
Commerce intends to disclose the calculations performed for these
final results to interested parties in this review within five days of
the date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
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), where the respondents reported the entered value of
their U.S. sales, 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 the respondents did not
report entered value, we calculated a per-unit assessment rate for each
importer by dividing the total amount of dumping calculated for the
examined sales made to that importer by the total quantity associated
with those sales. To determine whether an importer-specific, per-unit
assessment rate is de minimis, in accordance with 19 CFR 351.106(c)(2),
we also calculated an importer-specific ad valorem ratio based on
estimated entered values. 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 of this review and for future deposits of estimated
duties, where applicable.\8\
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\8\ See section 751(a)(2)(C) of the Act.
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Commerce intends to issue assessment instructions to CBP no earlier
than 41 days after the date of publication of the final results of this
review in the Federal Register in accordance with 19 CFR 356.8(a).
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\
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\9\ See Order, 73 FR at 45405
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties
[[Page 17817]]
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).
Dated: March 6, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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 Products Sold by TEFLU are In-Scope
Merchandise
Comment 2: Whether Commerce Should Modify the Product
Characteristics Used in Model Matching
Comment 3: Whether Commerce Should Alter its Treatment of Level
of Trade (LOT) Fields in the Margin Program
Comment 4: Whether Commerce Should Remove TEFLU's Sample Sales
from Maquilacero/TEFLU's Margin Calculation
Comment 5: Whether Commerce Should Remove Date of Payment and
Credit Expense Adjustments from its Margin Calculation
Comment 6: Whether Commerce Must Adjust its Differential Pricing
Analysis for Maquilacero/TEFLU
Comment 7: Adjustment of Maquilacero's Domestic Brokerage and
Handling (B&H) Charges
Comment 8: Whether Commerce Should Use Updated Financial
Statements
Comment 9: Whether Commerce Should Reject Regiopytsa's Change in
Depreciation Methodology
Comment 10: Whether Regiopytsa's Total Direct Material Costs Are
Consistent with its Financial Statements
Comment 11: Whether Commerce Should Revise the Scrap Offset
Comment 12: Whether Commerce Should Revise Regiopytsa's General
and Administrative (G&A) Expenses
Comment 13: Whether Commerce Should Rely on a Different
Methodology for Assigning a Weighted-Average Dumping Margin to
Perfiles
VI. Recommendation
[FR Doc. 2024-05221 Filed 3-11-24; 8:45 am]
BILLING CODE 3510-DS-P