Heavy-Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Amended Final Results of Antidumping Duty Administrative Review; 2021-2022, 43376-43378 [2024-10846]
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43376
Federal Register / Vol. 89, No. 97 / Friday, May 17, 2024 / Notices
Administrative Protective Order
This notice serves as a final reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This notice is published in
accordance with sections 751(b)(1) and
777(i) of the Act, 19 CFR 351.216, 19
CFR 351.221(c)(3), and 19 CFR 351.222.
Dated: May 10, 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. 2024–10789 Filed 5–16–24; 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: Amended Final Results of
Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) is amending the
final results of the administrative review
of the antidumping duty (AD) order on
heavy-walled rectangular welded carbon
steel pipes and tubes (HWR pipes and
tubes) from Mexico to correct a
ministerial error. The period of review
(POR) is September 1, 2021, through
August 31, 2022.
SUMMARY:
DATES:
Applicable May 17, 2024.
khammond on DSKJM1Z7X2PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
David Crespo or Taylor Hatley, 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 or (202) 482–4886,
respectively.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:20 May 16, 2024
Jkt 262001
Background
On April 9, 2024, Commerce
published in the Federal Register the
Final Results of the 2021–2022
administrative review of the AD order
on HWR pipes and tubes from Mexico.1
On April 4, 2024, Commerce disclosed
its calculations and provided interested
parties with the opportunity to submit
ministerial error comments.2 On April
9, 2024, Productos Laminados de
Monterrey S.A. de C.V (Prolamsa), a
mandatory respondent in this review,
timely submitted a ministerial error
allegation.3 No other interested party
submitted a ministerial error allegation
or rebutted Prolamsa’s ministerial error
allegation. We are amending the Final
Results to correct the ministerial error
raised by Prolamsa.
Legal Framework
Section 751(h) of the Tariff Act of
1930, as amended (the Act), defines a
‘‘ministerial error’’ as including ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
unintentional error which the
administering authority considers
ministerial.’’ With respect to final
results of administrative reviews, 19
CFR 351.224(e) provides that Commerce
‘‘will analyze any comments received
and, if appropriate, correct any
ministerial error by amending . . . the
final results of review.’’
Ministerial Error
Commerce determined that it made an
inadvertent error within the meaning of
section 751(h) of the Act and 19 CFR
351.224(f) with respect to the treatment
of the currency in which Prolamsa
incurred its U.S. inventory carrying
costs. Accordingly, pursuant to 19 CFR
351.224(e), Commerce is amending the
Final Results to correct this ministerial
error.4 This correction results in a
change to Prolamsa’s weighted-average
dumping margin. For a complete
description and analysis of the specific
1 See Heavy-Walled Rectangular Welded Carbon
Steel Pipes and Tubes From Mexico: Final Results
of Antidumping Duty Administrative Review; 2021–
2022, 89 FR 24777 (April 9, 2024) (Final Results).
2 See Memorandum, ‘‘2021–2022 Antidumping
Duty Administrative Review of Certain Heavy
Walled Rectangular Welded Carbon Steel Pipes and
Tubes from Mexico,’’ dated April 4, 2024.
3 See Prolamsa’s Letter, ‘‘Ministerial Error
Comments,’’ dated April 9, 2024 (Prolamsa’s
Ministerial Error Allegation).
4 See Memorandum, ‘‘Administrative Review of
the Antidumping Duty Order on Heavy Walled
Rectangular Welded Carbon Steel Pipes and Tubes
from Mexico; 2021–2022: Ministerial Error
Allegation in the Final Results,’’ dated concurrently
with this notice (Ministerial Error Allegation
Memorandum).
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Fmt 4703
Sfmt 4703
inadvertent error, and Prolamsa’s
ministerial error allegation, see the
accompanying Ministerial Error
Allegation Memorandum.5 The
Ministerial Error Allegation
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.
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 instructions 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 any zero, de
minimis (i.e., less than 0.5 percent), or
determined entirely on the basis of facts
available.
For these amended final results of
review, we calculated a weightedaverage dumping margin for Prolamsa
that is not zero, de minimis, or based
entirely on the basis of facts available.
The calculated weighted-average
dumping margins for the mandatory
respondents, Maquilacero S.A. de C.V.
(Maquilacero) 6 and Prolamsa, are not
zero, de minimis, or based entirely on
total facts available. Accordingly,
Commerce is assigning to the companies
not individually examined, listed in the
chart below, a margin of 2.86 percent
which is the weighted-average of
Maquilacero’s and Prolamsa’s calculated
weighted-average dumping margins.7
5 Id.
6 We note that the final margin for mandatory
respondent, Maquilacero, did not change in these
amended final results and continues to be 5.06
percent. See Final Results, 89 FR 24778.
7 See Memorandum, ‘‘Calculation of the
Weighted-Average Dumping Margin for NonSelected Companies for the Amended 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\17MYN1.SGM
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43377
Federal Register / Vol. 89, No. 97 / Friday, May 17, 2024 / Notices
Amended Final Results
As a result of correcting the
ministerial error, Commerce determines
that the following estimated weightedaverage dumping margins exists for the
period September 1, 2021, through
August 31, 2022:
Weighted-average
dumping margin
(percent)
Exporter/producer
Productos Laminados de Monterrey S.A. de C.V .......................................................................................................................
1.61
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 .........................................................................................................................
khammond on DSKJM1Z7X2PROD with NOTICES
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these amended final results of
review to interested parties within five
days after public announcement of the
amended final results or, if there is no
public announcement, within five days
of the date of publication of the notice
of amended 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 this
amended final results of this review.
Pursuant to 19 CFR 351.212(b)(1),
where Prolamsa reported the entered
value of its U.S. sales, Commerce
calculated importer-specific ad valorem
AD 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 Prolamsa 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
Prolamsa’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an
VerDate Sep<11>2014
17:20 May 16, 2024
Jkt 262001
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 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-fairvalue (LTFV) investigation of 4.91
percent ad valorem,8 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
The following amended cash deposit
requirements will be effective
retroactively upon publication of the
amended final results of this
administrative review in the Federal
Register, for all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after April 9, 2024, the publication date
of the Final Results, as provided by
section 751(a)(2)(C) of the Act: (1) the
amended cash deposit rate for the
8 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).
PO 00000
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Fmt 4703
Sfmt 4703
2.86
2.86
2.86
2.86
2.86
2.86
2.86
2.86
2.86
2.86
companies listed above will be equal to
the weighted-average dumping margin
established in these amended final
results of this review; (2) for
merchandise exported by companies not
covered in this review but covered in a
prior completed segment of this
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.9
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during 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 also serves as the only
reminder to parties subject to an
9 Id.
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43378
Federal Register / Vol. 89, No. 97 / Friday, May 17, 2024 / Notices
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(h) and 777(i)(1) of the Act, and 19
CFR 351.224(e).
Dated: May 7, 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. 2024–10846 Filed 5–16–24; 8:45 am]
BILLING CODE 3510–DS–P
Scope of the Order
The merchandise covered by the order
is 1,1,1,2-Tetrafluoroethane, R–134a, or
its chemical equivalent, regardless of
form, type, or purity level. The chemical
formula for 1,1,1,2-Tetrafluoroethane is
CF3–CH2 F, and the Chemical Abstracts
Service (CAS) registry number is CAS
811–97–2.2
Merchandise subject to the order is
currently classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) at subheading 2903.45.1000.
Although the HTSUS subheading and
CAS registry number are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
DEPARTMENT OF COMMERCE
Final Results of Review
International Trade Administration
Because we received no comments,
we made no changes from the
Preliminary Results. We continue to
find that certain companies under
review did not file a separate rate
application and did not demonstrate
their eligibility for separate rate status
and, therefore, are part of the Chinawide entity.3 As stated in the
Preliminary Results, no party requested
a review of the China-wide entity, and
Commerce did not self-initiate a review
of the China-wide entity. Because no
review of the China-wide entity is being
conducted, the China-wide entity’s
entries were not subject to the review,
and the rate applicable to the Chinawide entity was not subject to change as
a result of this review. Thus, the Chinawide entity rate remains 167.02 percent.
[A–570–044]
1,1,1,2-Tetrafluoroethane (R–134a)
From the People’s Republic of China:
Final Results of the Antidumping Duty
Administrative Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain companies subject to this
administrative review of the
antidumping duty order on 1,1,1,2Tetrafluoroethane (R–134a) from the
People’s Republic of China (China)
remain part of the China-wide entity
during the period of review (POR), April
1, 2022, through March 31, 2023.
DATES: Applicable May 17, 2024.
FOR FURTHER INFORMATION CONTACT: John
Conniff, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482- 2437.
SUPPLEMENTARY INFORMATION:
AGENCY:
khammond on DSKJM1Z7X2PROD with NOTICES
administrative review.1 No interested
party submitted comments concerning
the Preliminary Results or requested a
hearing in this administrative review.
Accordingly, the final results remain
unchanged from the Preliminary
Results. Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Background
On January 25, 2024, Commerce
published the preliminary results of this
VerDate Sep<11>2014
17:20 May 16, 2024
Jkt 262001
1 See 1,1,1,2-Tetrafluoroethane (R–134a) from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and
Partial Rescission of Antidumping Duty
Administrative Review; 2022–2023, 89 FR 4909
(January 25, 2024) (Preliminary Results).
2 1,1,1,2-Tetrafluoroethane is sold under a
number of trade names including Klea 134a and
Zephex 134a (Mexichem Fluor); Genetron 134a
(Honeywell); FreonTM 134a, Suva 134a, Dymel
134a, and Dymel P134a (Chemours); Solkane 134a
(Solvay); and Forane 134a (Arkema). Generically,
1,1,1,2-Tetrafluoroethane has been sold as
Fluorocarbon 134a, R–134a, HFC–134a, HF A–134a,
Refrigerant 134a, and UN3159.
3 See the appendix to this notice for the list of
companies for which a review was requested that
are part of the China-wide entity.
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Fmt 4703
Sfmt 4703
Assessment Rates
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries in accordance with
section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). Because we determine
that certain companies under review did
not demonstrate separate rate eligibility
and are part of the China-wide entity,
we will instruct CBP to apply an ad
valorem assessment rate of 167.02
percent to all entries of subject
merchandise during the POR that were
exported by those companies.4
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of 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) for
previously investigated or reviewed
Chinese or non-Chinese exporters that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (2) for all
Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the Chinawide entity (i.e., 167.02 percent); and (3)
for all non-Chinese exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter that supplied that non-Chinese
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
4 See the appendix to this notice for the list of
companies for which a review was requested that
are part of the China-wide entity.
E:\FR\FM\17MYN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Notices]
[Pages 43376-43378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10846]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-847]
Heavy-Walled Rectangular Welded Carbon Steel Pipes and Tubes From
Mexico: Amended 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) is amending the
final results of the administrative review of the antidumping duty (AD)
order on heavy-walled rectangular welded carbon steel pipes and tubes
(HWR pipes and tubes) from Mexico to correct a ministerial error. The
period of review (POR) is September 1, 2021, through August 31, 2022.
DATES: Applicable May 17, 2024.
FOR FURTHER INFORMATION CONTACT: David Crespo or Taylor Hatley, 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 or (202) 482-4886,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 9, 2024, Commerce published in the Federal Register the
Final Results of the 2021-2022 administrative review of the AD order on
HWR pipes and tubes from Mexico.\1\ On April 4, 2024, Commerce
disclosed its calculations and provided interested parties with the
opportunity to submit ministerial error comments.\2\ On April 9, 2024,
Productos Laminados de Monterrey S.A. de C.V (Prolamsa), a mandatory
respondent in this review, timely submitted a ministerial error
allegation.\3\ No other interested party submitted a ministerial error
allegation or rebutted Prolamsa's ministerial error allegation. We are
amending the Final Results to correct the ministerial error raised by
Prolamsa.
---------------------------------------------------------------------------
\1\ See Heavy-Walled Rectangular Welded Carbon Steel Pipes and
Tubes From Mexico: Final Results of Antidumping Duty Administrative
Review; 2021-2022, 89 FR 24777 (April 9, 2024) (Final Results).
\2\ See Memorandum, ``2021-2022 Antidumping Duty Administrative
Review of Certain Heavy Walled Rectangular Welded Carbon Steel Pipes
and Tubes from Mexico,'' dated April 4, 2024.
\3\ See Prolamsa's Letter, ``Ministerial Error Comments,'' dated
April 9, 2024 (Prolamsa's Ministerial Error Allegation).
---------------------------------------------------------------------------
Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines a ``ministerial error'' as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other
unintentional error which the administering authority considers
ministerial.'' With respect to final results of administrative reviews,
19 CFR 351.224(e) provides that Commerce ``will analyze any comments
received and, if appropriate, correct any ministerial error by amending
. . . the final results of review.''
Ministerial Error
Commerce determined that it made an inadvertent error within the
meaning of section 751(h) of the Act and 19 CFR 351.224(f) with respect
to the treatment of the currency in which Prolamsa incurred its U.S.
inventory carrying costs. Accordingly, pursuant to 19 CFR 351.224(e),
Commerce is amending the Final Results to correct this ministerial
error.\4\ This correction results in a change to Prolamsa's weighted-
average dumping margin. For a complete description and analysis of the
specific inadvertent error, and Prolamsa's ministerial error
allegation, see the accompanying Ministerial Error Allegation
Memorandum.\5\ The Ministerial Error Allegation 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.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from Mexico; 2021-2022: Ministerial Error Allegation in the
Final Results,'' dated concurrently with this notice (Ministerial
Error Allegation Memorandum).
\5\ 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 instructions 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 any zero, de minimis (i.e., less than 0.5
percent), or determined entirely on the basis of facts available.
For these amended final results of review, we calculated a
weighted-average dumping margin for Prolamsa that is not zero, de
minimis, or based entirely on the basis of facts available.
The calculated weighted-average dumping margins for the mandatory
respondents, Maquilacero S.A. de C.V. (Maquilacero) \6\ and Prolamsa,
are not zero, de minimis, or based entirely on total facts available.
Accordingly, Commerce is assigning to the companies not individually
examined, listed in the chart below, a margin of 2.86 percent which is
the weighted-average of Maquilacero's and Prolamsa's calculated
weighted-average dumping margins.\7\
---------------------------------------------------------------------------
\6\ We note that the final margin for mandatory respondent,
Maquilacero, did not change in these amended final results and
continues to be 5.06 percent. See Final Results, 89 FR 24778.
\7\ See Memorandum, ``Calculation of the Weighted-Average
Dumping Margin for Non-Selected Companies for the Amended 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.
---------------------------------------------------------------------------
[[Page 43377]]
Amended Final Results
As a result of correcting the ministerial error, Commerce
determines that the following estimated weighted-average dumping
margins exists for the period September 1, 2021, through August 31,
2022:
------------------------------------------------------------------------
Weighted-average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Productos Laminados de Monterrey S.A. de C.V........ 1.61
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies
------------------------------------------------------------------------
Aceros del Toro S.A. de C.V......................... 2.86
Aceros El Fraile S.A. de C.V........................ 2.86
Border Assembly S. de R.L. de C.V................... 2.86
Buffalo Tube S.A. de C.V............................ 2.86
Fortacero S.A. de C.V............................... 2.86
Grupo Collado S.A. de C.V........................... 2.86
Perfiles y Herrajes L.M. S.A. de C.V................ 2.86
P.J. Trailers Company S.A. de C.V................... 2.86
Placa y Fierro de Monterrey S.A. de C.V............. 2.86
Regiomontana de Perfiles y Tubos S.A. de C.V........ 2.86
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these amended final results of review to interested
parties within five days after public announcement of the amended final
results or, if there is no public announcement, within five days of the
date of publication of the notice of amended 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 this amended final
results of this review.
Pursuant to 19 CFR 351.212(b)(1), where Prolamsa reported the
entered value of its U.S. sales, Commerce calculated importer-specific
ad valorem AD 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 Prolamsa 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 Prolamsa'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
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,\8\ if there is no rate for
the intermediate company(ies) involved in the transaction.
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\8\ 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).
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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
The following amended cash deposit requirements will be effective
retroactively upon publication of the amended final results of this
administrative review in the Federal Register, for all shipments of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after April 9, 2024, the publication date of the
Final Results, as provided by section 751(a)(2)(C) of the Act: (1) the
amended cash deposit rate for the companies listed above will be equal
to the weighted-average dumping margin established in these amended
final results of this review; (2) for merchandise exported by companies
not covered in this review but covered in a prior completed segment of
this 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.\9\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\9\ Id.
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Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during 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 also serves as the only reminder to parties subject to
an
[[Page 43378]]
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
the terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).
Dated: May 7, 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. 2024-10846 Filed 5-16-24; 8:45 am]
BILLING CODE 3510-DS-P
