Heavy-Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Final Results of Antidumping Duty Administrative Review; 2021-2022, 24777-24779 [2024-07471]
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Federal Register / Vol. 89, No. 69 / Tuesday, April 9, 2024 / Notices
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including section 400.14.
Dated: April 4, 2024.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2024–07526 Filed 4–8–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–847]
Heavy-Walled Rectangular Welded
Carbon Steel Pipes and Tubes From
Mexico: Final Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
producers/exporters of heavy-walled
rectangular welded carbon steel pipes
and tubes (HWR pipes and tubes) made
sales of subject merchandise at less than
normal value during the period of
review (POR), September 1, 2021,
through August 31, 2022.
DATES: Applicable April 9, 2024.
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:
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On October 5, 2023, Commerce
published in the Federal Register the
preliminary results of the 2021–2022
administrative review 1 of the
antidumping duty order on heavywalled rectangular welded carbon steel
pipes and tubes from Mexico.2 The
1 See Heavy-Walled Rectangular Welded Carbon
Steel Pipes and Tubes from Mexico: Preliminary
Results of Antidumping Duty Administrative
Review; 2021–2022, 88 FR 69127 (October 5, 2023)
(Preliminary Results).
2 See Heavy-Walled Rectangular Welded Carbon
Steel Pipes and Tubes from the Republic of Korea,
Mexico, and the Republic of Turkey: Antidumping
Duty Orders, 81 FR 62865 (September 13, 2016)
(Order).
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19:57 Apr 08, 2024
Jkt 262001
review covers 12 companies, including
two mandatory respondents,
Maquilacero S.A. de C.V. (Maquilacero)
and Productos Laminados de Monterrey
S.A. de C.V. (Prolamsa), for individual
examination. We invited interested
parties to comment on the Preliminary
Results.3 We received case briefs from
Maquilacero, Prolamsa, and Nucor
Tubular Products Inc. (i.e., the
petitioner) 4 and received rebuttal briefs
from Maquilacero, Prolamsa, and the
petitioner.5 For a complete description
of the events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.6 Commerce
conducted this review in accordance
with section 751(a)(1)(B) of the Tariff
Act of 1930, as amended (the Act).
24777
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding the Preliminary
Results, and for the reasons explained in
the Issues and Decision Memorandum,
we made certain changes to the
weighted-average dumping margin
calculations for Maquilacero and
Prolamsa for the final results of the
review.7
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
Scope of the Order
Act. Generally, Commerce looks to
The products covered by the Order
section 735(c)(5) of the Act, which
are HWR pipes and tubes from Mexico.
provides for calculating the all-others
A complete description of the scope of
rate in an investigation, for guidance
the Order is contained in the Issues and when calculating the rate for companies
Decision Memorandum.
which Commerce did not examine in an
administrative review. Under section
Analysis of Comments Received
735(c)(5)(A) of the Act, the all-others
rate is normally an amount equal to the
All issues raised in case and rebuttal
weighted average of the estimated
briefs by interested parties in this
weighted-average dumping margins
administrative review are addressed in
established for exporters and producers
the Issues and Decision Memorandum
individually investigated, excluding
and are listed in the appendix to this
rates that are zero, de minimis (i.e., less
notice. The Issues and Decision
Memorandum is a public document and than 0.5 percent), or determined entirely
is on file electronically via Enforcement on the basis of facts available.
For these final results of review, we
and Compliance’s Antidumping and
calculated a weighted-average dumping
Countervailing Duty Centralized
margin for both mandatory respondents,
Electronic Service System (ACCESS).
Maquilacero and Prolamsa, that are not
ACCESS is available to registered users
zero, de minimis, or based entirely on
at https://access.trade.gov. In addition, a the basis of facts available. Accordingly,
complete version of the Issues and
Commerce is assigning to the companies
Decision Memorandum can be accessed not individually examined, listed in the
directly at https://access.trade.gov/
chart below, a margin which is the
public/FRNoticesListLayout.aspx.
weighted average of Maquilacero’s and
Prolamsa’s calculated weighted-average
3 See Preliminary Results.
dumping margins.8
4 See Maquilacero’s Letter, ‘‘Maquilacero S.A. de
C.V’s Case Brief,’’ dated November 10, 2023;
Prolamsa’s Letter, ‘‘Case Brief and Request to
Participate in Hearing, if Held,’’ dated November
13, 2023; and Petitioner’s Letter, ‘‘Case Brief,’’ dated
November 14, 2023.
5 See Maquilacero’s Letter, ‘‘Maquilacero S.A. de
C.V’s Rebuttal Brief,’’ dated November 21, 2023;
Prolamsa’s Letter, ‘‘Rebuttal Brief,’’ dated November
21, 2023; and Petitioner’s Letter, ‘‘Rebuttal Brief,’’
dated November 21, 2023.
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2021–
2022 Administrative Review of the Antidumping
Duty Order on Heavy-Walled Rectangular Welded
Carbon Steel Pipes and Tubes from Mexico,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
Final Results of Review
As a result of this review, we
determine the following weightedaverage dumping margins exist for the
period September 1, 2021, through
August 31, 2022:
7 Id.
8 See Memorandum, ‘‘Calculation of the
Weighted-Average Dumping Margin for NonSelected Companies for the Final Results,’’ dated
concurrently with this notice. As the weighting
factor, we relied on the publicly ranged sales data
reported in the quantity and value charts submitted
by Maquilacero and Prolamsa.
E:\FR\FM\09APN1.SGM
09APN1
24778
Federal Register / Vol. 89, No. 69 / Tuesday, April 9, 2024 / Notices
Weightedaverage
dumping
margin
(percent)
Exporter or producer
Maquilacero S.A. de C.V .....................................................................................................................................................................
Productos Laminados de Monterrey S.A. de C.V ...............................................................................................................................
5.06
2.28
Review-Specific Average Rate Applicable to the Following Companies:
Aceros del Toro S.A. de C.V ...............................................................................................................................................................
Aceros El Fraile S.A. de C.V ...............................................................................................................................................................
Border Assembly S. de R.L. de C.V ...................................................................................................................................................
Buffalo Tube S.A. de C.V ....................................................................................................................................................................
Fortacero S.A. de C.V .........................................................................................................................................................................
Grupo Collado S.A. de C.V .................................................................................................................................................................
Perfiles y Herrajes L.M. S.A. de C.V ...................................................................................................................................................
P.J. Trailers Company S.A. de C.V .....................................................................................................................................................
Placa y Fierro de Monterrey S.A. de C.V ...........................................................................................................................................
Regiomontana de Perfiles y Tubos S.A. de C.V .................................................................................................................................
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these final results of review to
interested parties within five days after
public announcement of the final results
or, if there is no public announcement,
within five days of the date of
publication of the notice of final results
in the Federal Register, in accordance
with 19 CFR 351.224(b).
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Rates
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 the
final results of this review.
Pursuant to 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
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19:57 Apr 08, 2024
Jkt 262001
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
For entries of subject merchandise
during the POR produced by
Maquilacero and Prolamsa for which it
did not know that its merchandise was
destined for the United States, we will
instruct CBP to liquidate such entries at
the all-others rate established in the
less-than-fair-value (LTFV) investigation
of 4.91 percent ad valorem,9 if there is
no rate for the intermediate
company(ies) involved in the
transaction.
For the companies identified above
that were not selected for individual
examination, we will instruct CBP to
liquidate entries at the rate equal to the
weighted-average dumping margin
identified above in the ‘‘Final Results of
Review’’ section.
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
Upon publication of this notice in the
Federal Register, 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) of the Act:
(1) the cash deposit rate for the
companies subject to this review will be
equal to the weighted-average dumping
margin established in these finals
results of the review; (2) for
merchandise exported by producers or
9 See
PO 00000
Order, 81 FR 62865.
Frm 00003
Fmt 4703
Sfmt 4703
3.28
3.28
3.28
3.28
3.28
3.28
3.28
3.28
3.28
3.28
exporters not covered in this review but
covered in a prior completed segment of
the proceeding, the cash deposit rate
will continue to be the companyspecific rate published in the completed
segment for the most recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the
original LTFV investigation, but the
producer is, then the cash deposit rate
will be the rate established in the
completed segment for the most recent
period for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 4.91 percent, the allothers rate established in the LTFV
investigation.10 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 review period. 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 serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under the 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
10 Id.
E:\FR\FM\09APN1.SGM
09APN1
Federal Register / Vol. 89, No. 69 / Tuesday, April 9, 2024 / Notices
notification of the 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 violation
which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: April 2, 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 the Issues
Comment 1: Whether to Recalculate
Prolamsa’s Surrogate Conversion Costs
Comment 2: Application of the
Transactions Disregarded Rule for Heat
Treatment Services
Comment 3: Adjustment to Prolamsa’s
Claimed Scrap Offset
Comment 4: Adjustment to Prolamsa’s
Extended Total Cost of Manufacturing
(TOTCOM)
Comment 5: Adjustment to the Interest
Expense Ratio Based on Financial Year
(FY) 2022 Consolidated Financial
Statements
Comment 6: Treatment of Home Market
(HM) Sales in Prolamsa’s Comparison
Market Program
Comment 7: Adjustment to Prolamsa’s
Margin Program to Remove Duplicate
U.S. Sales
Comment 8: Application of Adverse Facts
Available (AFA) to Maquilacero
Comment 9: Adjustments to Maquilacero’s
Inventory Carrying Costs and Indirect
Selling Expenses
Comment 10: Application of the Freight
Revenue Cap for Abinsa S.A. de C.V.
(Abinsa)
VI. Recommendation
[FR Doc. 2024–07471 Filed 4–8–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
ddrumheller on DSK120RN23PROD with NOTICES1
International Trade Administration
Notice of Scope Ruling Applications
Filed in Antidumping and
Countervailing Duty Proceedings
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) received scope
AGENCY:
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19:57 Apr 08, 2024
Jkt 262001
ruling applications, requesting that
scope inquiries be conducted to
determine whether identified products
are covered by the scope of antidumping
duty (AD) and/or countervailing duty
(CVD) orders and that Commerce issue
scope rulings pursuant to those
inquiries. In accordance with
Commerce’s regulations, we are
notifying the public of the filing of the
scope ruling applications listed below
in the month of February 2024.
DATES: Applicable April 9, 2024.
FOR FURTHER INFORMATION CONTACT:
Terri Monroe, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–1384.
SUPPLEMENTARY INFORMATION:
Notice of Scope Ruling Applications
In accordance with 19 CFR
351.225(d)(3), we are notifying the
public of the following scope ruling
applications related to AD and CVD
orders and findings filed in or around
the month of February 2024. This
notification includes, for each scope
application: (1) identification of the AD
and/or CVD orders at issue (19 CFR
351.225(c)(1)); (2) concise public
descriptions of the products at issue,
including the physical characteristics
(including chemical, dimensional and
technical characteristics) of the products
(19 CFR 351.225(c)(2)(ii)); (3) the
countries where the products are
produced and the countries from where
the products are exported (19 CFR
351.225(c)(2)(i)(B)); (4) the full names of
the applicants; and (5) the dates that the
scope applications were filed with
Commerce and the name of the ACCESS
scope segment where the scope
applications can be found.1 This notice
does not include applications which
have been rejected and not properly
resubmitted. The scope ruling
applications listed below are available
on Enforcement and Compliance’s
online e-filing and document
management system, Antidumping and
1 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300, 52316 (September 20,
2021) (‘‘It is our expectation that the Federal
Register list will include, where appropriate, for
each scope application the following data: (1)
identification of the AD and/or CVD orders at issue;
(2) a concise public summary of the product’s
description, including the physical characteristics
(including chemical, dimensional and technical
characteristics) of the product; (3) the country(ies)
where the product is produced and the country
from where the product is exported; (4) the full
name of the applicant; and (5) the date that the
scope application was filed with Commerce.’’)
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
24779
Countervailing Duty Electronic Service
System (ACCESS) at https://
access.trade.gov.
Scope Ruling Applications
Certain Freight Rail Couplers and
Parts Thereof from Mexico (A–201–857);
certain steel freight rail yokes; 2
produced in and exported from Mexico;
submitted by Amsted Rail Company,
Inc. and ASF–K de Mexico, S. de R.L.
de C.V.; February 2, 2024; ACCESS
scope segment ‘‘SCO—Steel Freight Rail
Yokes.’’ 3
Notification to Interested Parties
This list of scope ruling applications
is not an identification of scope
inquiries that have been initiated. In
accordance with 19 CFR 351.225(d)(1),
if Commerce has not rejected a scope
ruling application nor initiated the
scope inquiry within 30 days after the
filing of the application, the application
will be deemed accepted and a scope
inquiry will be deemed initiated the
following day—day 31.4 Commerce’s
practice generally dictates that where a
deadline falls on a weekend, Federal
holiday, or other non-business day, the
appropriate deadline is the next
business day.5 Accordingly, if the 30th
day after the filing of the application
falls on a non-business day, the next
business day will be considered the
‘‘updated’’ 30th day, and if the
application is not rejected or a scope
inquiry initiated by or on that particular
business day, the application will be
deemed accepted and a scope inquiry
will be deemed initiated on the next
2 The products are Association of American
Railroads (AAR) approved steel freight rail yokes.
The products subject to the request are E type yokes
and F type yokes as defined in the AAR
specification of M–211 ‘‘Foundry and Product
Approval Requirements for the Manufacture of
Couplers, Coupler Yokes, Knuckles, Follower
Blocks, and Coupler Parts.’’
3 A scope application was filed on the same day
by the same interested parties with respect to
Certain Freight Rail Couplers and Parts Thereof
from the People’s Republic of China (China) (A–
570–145/C–570–146). However, the products at
issue in that application appear to be Mexican in
origin and unrelated to the AD and CVD orders
covering Chinese merchandise.
4 In accordance with 19 CFR 351.225(d)(2), within
30 days after the filing of a scope ruling application,
if Commerce determines that it intends to address
the scope issue raised in the application in another
segment of the proceeding (such as a circumvention
inquiry under 19 CFR 351.226 or a covered
merchandise inquiry under 19 CFR 351.227), it will
notify the applicant that it will not initiate a scope
inquiry, but will instead determine if the product
is covered by the scope at issue in that alternative
segment.
5 See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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]]>Agencies
[Federal Register Volume 89, Number 69 (Tuesday, April 9, 2024)]
[Notices]
[Pages 24777-24779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07471]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-847]
Heavy-Walled Rectangular Welded Carbon Steel Pipes and Tubes From
Mexico: Final Results of Antidumping Duty Administrative Review; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
producers/exporters of heavy-walled rectangular welded carbon steel
pipes and tubes (HWR pipes and tubes) made sales of subject merchandise
at less than normal value during the period of review (POR), September
1, 2021, through August 31, 2022.
DATES: Applicable April 9, 2024.
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 October 5, 2023, Commerce published in the Federal Register the
preliminary results of the 2021-2022 administrative review \1\ of the
antidumping duty order on heavy-walled rectangular welded carbon steel
pipes and tubes from Mexico.\2\ The review covers 12 companies,
including two mandatory respondents, Maquilacero S.A. de C.V.
(Maquilacero) and Productos Laminados de Monterrey S.A. de C.V.
(Prolamsa), for individual examination. We invited interested parties
to comment on the Preliminary Results.\3\ We received case briefs from
Maquilacero, Prolamsa, and Nucor Tubular Products Inc. (i.e., the
petitioner) \4\ and received rebuttal briefs from Maquilacero,
Prolamsa, and the petitioner.\5\ For a complete description of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\6\ Commerce conducted this review in accordance
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the
Act).
---------------------------------------------------------------------------
\1\ See Heavy-Walled Rectangular Welded Carbon Steel Pipes and
Tubes from Mexico: Preliminary Results of Antidumping Duty
Administrative Review; 2021-2022, 88 FR 69127 (October 5, 2023)
(Preliminary Results).
\2\ See Heavy-Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea, Mexico, and the Republic of
Turkey: Antidumping Duty Orders, 81 FR 62865 (September 13, 2016)
(Order).
\3\ See Preliminary Results.
\4\ See Maquilacero's Letter, ``Maquilacero S.A. de C.V's Case
Brief,'' dated November 10, 2023; Prolamsa's Letter, ``Case Brief
and Request to Participate in Hearing, if Held,'' dated November 13,
2023; and Petitioner's Letter, ``Case Brief,'' dated November 14,
2023.
\5\ See Maquilacero's Letter, ``Maquilacero S.A. de C.V's
Rebuttal Brief,'' dated November 21, 2023; Prolamsa's Letter,
``Rebuttal Brief,'' dated November 21, 2023; and Petitioner's
Letter, ``Rebuttal Brief,'' dated November 21, 2023.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021-2022 Administrative Review of the
Antidumping Duty Order on Heavy-Walled Rectangular Welded Carbon
Steel Pipes and Tubes from Mexico,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are HWR pipes and tubes from
Mexico. A complete description of the scope of the Order is contained
in the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in case and rebuttal briefs by interested parties
in this administrative review are addressed in the Issues and Decision
Memorandum and are listed in the appendix to this notice. The Issues
and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
certain changes to the weighted-average dumping margin calculations for
Maquilacero and Prolamsa for the final results of the review.\7\
---------------------------------------------------------------------------
\7\ 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 mandatory respondents, Maquilacero and
Prolamsa, that are not zero, de minimis, or based entirely on the basis
of facts available. Accordingly, Commerce is assigning to the companies
not individually examined, listed in the chart below, a margin which is
the weighted average of Maquilacero's and Prolamsa's calculated
weighted-average dumping margins.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Calculation of the Weighted-Average
Dumping Margin for Non-Selected Companies for the Final Results,''
dated concurrently with this notice. As the weighting factor, we
relied on the publicly ranged sales data reported in the quantity
and value charts submitted by Maquilacero and Prolamsa.
---------------------------------------------------------------------------
Final Results of Review
As a result of this review, we determine the following weighted-
average dumping margins exist for the period September 1, 2021, through
August 31, 2022:
[[Page 24778]]
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping margin
(percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V................................. 5.06
Productos Laminados de Monterrey S.A. de C.V............ 2.28
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies:
------------------------------------------------------------------------
Aceros del Toro S.A. de C.V............................. 3.28
Aceros El Fraile S.A. de C.V............................ 3.28
Border Assembly S. de R.L. de C.V....................... 3.28
Buffalo Tube S.A. de C.V................................ 3.28
Fortacero S.A. de C.V................................... 3.28
Grupo Collado S.A. de C.V............................... 3.28
Perfiles y Herrajes L.M. S.A. de C.V.................... 3.28
P.J. Trailers Company S.A. de C.V....................... 3.28
Placa y Fierro de Monterrey S.A. de C.V................. 3.28
Regiomontana de Perfiles y Tubos S.A. de C.V............ 3.28
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to interested parties
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of the notice of final results in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
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 the final results of
this review.
Pursuant to 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.
For entries of subject merchandise during the POR produced by
Maquilacero and Prolamsa for which it did not know that its merchandise
was destined for the United States, we will instruct CBP to liquidate
such entries at the all-others rate established in the less-than-fair-
value (LTFV) investigation of 4.91 percent ad valorem,\9\ if there is
no rate for the intermediate company(ies) involved in the transaction.
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\9\ See Order, 81 FR 62865.
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For the companies identified above that were not selected for
individual examination, we will instruct CBP to liquidate entries at
the rate equal to the weighted-average dumping margin identified above
in the ``Final Results of Review'' section.
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
Upon publication of this notice in the Federal Register, 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) of the
Act: (1) the cash deposit rate for the companies subject to this review
will be equal to the weighted-average dumping margin established in
these finals results of the review; (2) for merchandise exported by
producers or exporters not covered in this review but covered in a
prior completed segment of the proceeding, the cash deposit rate will
continue to be the company-specific rate published in the completed
segment for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the original LTFV
investigation, but the producer is, then the cash deposit rate will be
the rate established in the completed segment for the most recent
period for the producer of the merchandise; and (4) the cash deposit
rate for all other producers or exporters will continue to be 4.91
percent, the all-others rate established in the LTFV investigation.\10\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\10\ Id.
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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 review period. 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 serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the 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
[[Page 24779]]
notification of the 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 violation which is
subject to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: April 2, 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 the Issues
Comment 1: Whether to Recalculate Prolamsa's Surrogate
Conversion Costs
Comment 2: Application of the Transactions Disregarded Rule for
Heat Treatment Services
Comment 3: Adjustment to Prolamsa's Claimed Scrap Offset
Comment 4: Adjustment to Prolamsa's Extended Total Cost of
Manufacturing (TOTCOM)
Comment 5: Adjustment to the Interest Expense Ratio Based on
Financial Year (FY) 2022 Consolidated Financial Statements
Comment 6: Treatment of Home Market (HM) Sales in Prolamsa's
Comparison Market Program
Comment 7: Adjustment to Prolamsa's Margin Program to Remove
Duplicate U.S. Sales
Comment 8: Application of Adverse Facts Available (AFA) to
Maquilacero
Comment 9: Adjustments to Maquilacero's Inventory Carrying Costs
and Indirect Selling Expenses
Comment 10: Application of the Freight Revenue Cap for Abinsa
S.A. de C.V. (Abinsa)
VI. Recommendation
[FR Doc. 2024-07471 Filed 4-8-24; 8:45 am]
BILLING CODE 3510-DS-P
