Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Preliminary Results and Rescission in Part, of the Antidumping Duty Administrative Review; 2022-2023, 84530-84532 [2024-24497]
Download as PDF
84530
Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices
Pursuant to section 751(a)(2)(C) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.212(b)(1), Commerce
has determined, and CBP shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with these revised final
results of review.9
Notification to Interested Parties
We are issuing this determination and
publishing these amended final results
and notice in accordance with section
516a(e) of the Act.
Dated: October 17, 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. 2024–24578 Filed 10–22–24; 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: Preliminary Results and
Rescission in Part, of the Antidumping
Duty Administrative Review; 2022–
2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) preliminarily
determines heavy walled rectangular
welded carbon steel pipes and tubes
(HWR) from Mexico were sold at less
than normal value during the period of
review (POR), September 1, 2022,
through August 31, 2023. Additionally,
Commerce is rescinding this review, in
part, with respect to certain companies.
We invite interested parties to comment
on these preliminary results.
SUMMARY:
DATES:
Applicable October 23, 2024.
khammond on DSKJM1Z7X2PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Taylor Hatley or Christopher Hargett,
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) 482–4886 or
(202) 482–4161, respectively.
SUPPLEMENTARY INFORMATION:
9 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
VerDate Sep<11>2014
18:48 Oct 22, 2024
Jkt 265001
Background
On September 13, 2016, Commerce
published in the Federal Register the
antidumping duty order on HWR from
Mexico.1 On September 6, 2023,
Commerce published in the Federal
Register a notice of opportunity to
request an administrative review of the
Order.2 On November 15, 2023, based
on timely requests for review, in
accordance with 19 CFR
351.221(c)(1)(i), we initiated an
administrative review of the Order with
respect to 19 companies.3 On December
9, 2022, Commerce selected
Maquilacero S.A. de C.V. (Maquilacero)
and Productos Laminados de Monterrey
S.A. de C.V. (Prolamsa) for individual
examination as mandatory respondents
in this administrative review.4
On May 16, 2024, Commerce
extended the preliminary results of this
review until August 30, 2024.5 On July
22, 2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.6
Subsequently on August 15, 2024,
Commerce extended the deadline for the
preliminary results until October 4,
2024.7 For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.8
Rescission of Administrative Review in
Part
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
1 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).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 60923 (September 6,
2023).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
78298 (November 15, 2023) (Initiation Notice).
4 See Memorandum, ‘‘Respondent Selection for
the 2022–2023 Antidumping Duty Administrative
Review,’’ dated January 11, 2024.
5 See Memorandum, ‘‘Extension of Deadline for
the Final Results of Antidumping Duty
Administrative Review,’’ dated May 16, 2024.
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
7 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated August 15, 2024.
8 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2022–2023
Administrative Review of the Antidumping Duty
Order on Certain Carbon and Alloy Steel Cut-toLength Plate from Italy,’’ (Preliminary Decision
Memorandum) dated concurrently with, and hereby
adopted by, this notice.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
the date of publication of the notice of
initiation of the requested review. On
February 13, 2024, Nucor Tubular
Products, Inc. (the petitioner) timely
withdrew its request for an
administrative review with respect to 17
companies.9 Because no other parties
requested a review of these companies,
we are rescinding this review, in part,
with respect to these 17 companies.10
Scope of the Order
The products covered by the Order
are HWR pipes and tubes from Mexico.
For a complete description of the scope
of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with sections 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Export price and
constructed export price are calculated
in accordance with section 772 of the
Act. Normal value is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of topics
discussed in the Preliminary Decision
Memorandum is attached as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is made available to the
public 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 Preliminary
Decision Memorandum is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Preliminary Results of Review
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist for the
period September 1, 2021, through
August 31, 2022: 11
9 See Petitioner’s Letter, ‘‘Partial Withdrawal of
Request for Administrative Review,’’ dated
February 13, 2024.
10 Companies for which the review request was
withdrawn are: (1) Aceros del Toro S.A. de C.V.; (2)
Aceros El Fraile S.A. de C.V.; (3) Arco Metal S.A.
de C.V.; (4) Border Assembly S. de R.L. de C.V.; (5)
Buffalo Tube S.A. de C.V.; (6) Fortacero S.A. de
C.V.; (7) Forza Steel S.A. de C.V.; (8) Grupo Collado
S.A. de C.V; (9) Industrias Monterrey S.A. de C.V.;
(10) Perfiles y Herrajes L.M. S.A. de C.V.; (11) P.J.
Trailers Company S.A. de C.V.; (12) Placa y Fierro
de Monterrey S.A. de C.V.; (13) PYTCO S.A. de
C.V.; (14) Regiomontana de Perfiles y Tubos S.A. de
C.V.; (15) Ternium S.A. de C.V.; (16) Tuberia
Nacional S.A. de C.V.; and (17) Tuberias Procarsa
S.A. de C.V.
11 As discussed in the Preliminary Decision
Memorandum, Commerce preliminarily collapsed
E:\FR\FM\23OCN1.SGM
23OCN1
Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices
citations in the public executive
summary of each issue. Note that
Exporter or producer
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).16
Pursuant to 19 CFR 351.310(c),
Maquilacero S.A. de C.V.;
interested parties who wish to request a
Tecnicas de Fluidos S.A. de
C.V ..........................................
7.22 hearing must submit a written request to
Productos Laminados de
the Acting Assistant Secretary for
Monterrey S.A. de C.V ............
8.13 Enforcement and Compliance, U.S.
Department of Commerce, filed
Disclosure and Public Comment
electronically via ACCESS. Hearing
requests should contain: (1) the party’s
Commerce intends to disclose its
name, address, and telephone number;
calculations and analysis performed to
(2) the number of participants; and (3)
interested parties for these preliminary
a list of issues to be discussed. Issues
results within five days of any public
raised in the hearing will be limited to
announcement or, if there is no public
issues raised in the respective case
announcement, within five days of the
briefs. If a request for a hearing is made,
date of publication of this notice in
Commerce intends to hold the hearing
accordance with 19 CFR 351.224(b).
at a date and time to be determined and
Interested parties may submit case
will notify the parties through
briefs or other written comments to
ACCESS.17 Parties should confirm the
Commerce no later than 30 days after
date, time, and location of the hearing
the date of publication of this notice.12
two days before the scheduled date. All
Rebuttal briefs, limited to issues raised
submissions, including case and
in the case briefs, may be filed no later
rebuttal briefs, as well as hearing
than five days after the time limit for
filing case briefs.13 Parties who submit
requests, should be filed using ACCESS.
case briefs or rebuttal briefs in this
An electronically-filed document must
proceeding must submit: (1) a statement be received successfully in its entirety
of the issue; (2) a brief summary of the
by ACCESS 17 by 5:00 p.m. Eastern Time
argument; and (3) a table of
on the established deadline.
authorities.14
Assessment Rates
As provided under 19 CFR
Pursuant to section 751(a)(2)(A) of the
351.309(c)(2) and (d)(2), in prior
Act, upon completion of the final results
proceedings, we have encouraged
of this administrative review, Commerce
interested parties to provide an
shall determine, and U.S. Customs and
executive summary of their brief that
Border Protection (CBP) shall assess,
should be limited to five pages total,
antidumping duties on all appropriate
including footnotes. In this review, we
instead request that interested parties
entries.18
Pursuant to 19 CFR 351.212(b)(1), if a
provide, at the beginning of their briefs,
respondent’s weighted-average dumping
a public executive summary for each
issue raised in their briefs.15 Further, we margin is not zero or de minimis (i.e.,
request that interested parties limit their less than 0.50 percent) in the final
public executive summary of each issue results of this review, we intend to
calculate an importer-specific ad
to no more than 450 words, no
valorem assessment rate based on the
including citations. We intend to use
ratio of the total amount of dumping
the public executive summaries as the
calculated for each importer’s examined
basis of the comment summaries
sales to the total entered value of those
included in the issues and decision
same sales.19 If the respondent has not
memorandum that will accompany the
reported entered values, we will
final results in this administrative
calculate a per-unit assessment rate for
review. We request that interested
each importer by dividing the total
parties include footnotes for relevant
amount of dumping calculated for the
examined sales made to that importer by
the following companies and treated them as a
single entity: Maquilacero S.A. de C.V.; Tecnicas de
the total quantity associated with those
Fluidos S.A. de C.V.
sales. To determine whether an
12 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR
importer-specific, per-unit assessment
351.303 (for general filing requirements).
khammond on DSKJM1Z7X2PROD with NOTICES
Weightedaverage
dumping
margin
(percent)
13 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
14 See 19 CFR 351.309(c)(2) and (d)(2).
15 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
VerDate Sep<11>2014
18:48 Oct 22, 2024
Jkt 265001
16 See
APO and Service Final Rule.
19 CFR 351.310(d).
18 See 19 CFR 351.212(b).
19 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
17 See
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
84531
rate is de minimis, in accordance with
19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad
valorem ratio based on estimated
entered values. If either of the
respondents’ 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, in the final results of
review, we intend to instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.20
For entries of subject merchandise
during the POR produced by each
individually examined respondent for
which the producer did not know that
the merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate (4.91 percent) if there is no
rate for the intermediate company(ies)
involved in the transaction.21
For the companies for which this
review is being rescinded, in part,
Commerce will instruct CBP to assess
antidumping duties on all appropriate
entries. Antidumping duties shall be
assessed at rates equal to the cash
deposit rate for estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). With respect to the
recission of this review, in part,
Commerce intends to issue assessment
instructions to CBP no earlier than 41
days after the date of publication of this
notice in the Federal Register.
The final results of this administrative
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by this
review and for future deposits of
estimated duties, where applicable.22
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 rate for the companies
listed above will be equal to the
20 Id., 77 FR at 8102–03; see also 19 CFR
351.106(c)(2).
21 See Order; see also Antidumping and
Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
22 See section 751(a)(2)(C) of the Act.
E:\FR\FM\23OCN1.SGM
23OCN1
84532
Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Notices
weighted-average dumping margin
established in the final results of this
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
merchandise exported by companies not
covered in this review but covered in a
prior 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 less-than-fair-value
(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.23
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Final Results of Review
Unless the deadline is otherwise
extended, Commerce intends to issue
the final results of this administrative
review, including the results of its
analysis of issues raised by interested
parties in the written comments, within
120 days of publication of these
preliminary results in the Federal
Register.24
Notification to Importers
This notice serves as a preliminary
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.
khammond on DSKJM1Z7X2PROD with NOTICES
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
23 See
Order.
section 751(a)(3)(A) of the Act; see also 19
CFR 351.213(h).
24 See
VerDate Sep<11>2014
18:48 Oct 22, 2024
Jkt 265001
Dated: October 4, 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.
Dated: October 17, 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
[FR Doc. 2024–24498 Filed 10–22–24; 8:45 am]
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–106, C–570–107]
International Trade Administration
Wooden Cabinets and Vanities and
Components Thereof From the
People’s Republic of China: Final
Scope Determination, Certification
Requirements, and Recission of
Circumvention Inquiries on the
Antidumping and Countervailing Duty
Orders; Correction
[C–557–831]
AGENCY:
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From Malaysia: Preliminary
Affirmative Countervailing Duty
Determination and Alignment of Final
Determination With Final Antidumping
Duty Determination; Withdrawal
SUMMARY:
[FR Doc. 2024–24497 Filed 10–22–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable October 23, 2024.
FOR FURTHER INFORMATION CONTACT:
Preston Cox or Scarlet Jaldin, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5041 or (202) 482–4257,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 15, 2024, the U.S.
Department of Commerce (Commerce)
erroneously published a duplicate
Federal Register notice titled Crystalline
Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from
Malaysia: Preliminary Affirmative
Countervailing Duty Determination and
Alignment of Final Determination with
Final Antidumping Duty Determination.
Commerce is withdrawing the abovementioned notice, Federal Register Doc.
2024–23678.
Notification to Interested Parties
This notice is issued and published
pursuant to section 703(f) and 777(i) of
the Tariff Act of 1930, as amended, and
19 CFR 351.205(c).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice; Correction.
The U.S. Department of
Commerce (Commerce) published a
notice in the Federal Register of July 17,
2024, in which Commerce implemented
a certification regime. This notice
incorrectly stated that post-summary
corrections must be filed to upload
certifications for applicable
unliquidated entries of wooden cabinets
and vanities and components thereof
(wooden cabinets) from China.
FOR FURTHER INFORMATION CONTACT:
Michael Romani, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0198.
SUPPLEMENTARY INFORMATION:
Background
On April 21, 2020, Commerce
published the antidumping and
countervailing duty orders on wooden
cabinets from China.1 On July 17, 2024,
Commerce published in the Federal
Register the final scope determination
in which Commerce implemented a
certification regime.2 This notice
1 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Antidumping Duty Order, 85 FR 22126
(April 21, 2020); and Wooden Cabinets and Vanities
and Components Thereof from the People’s
Republic of China: Countervailing Duty Order, 85
FR 22134 (April 21, 2020) (collectively, Orders).
2 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Final Scope Determination, Certification
Requirements, and Rescission of Circumvention
Inquiries on the Antidumping and countervailing
E:\FR\FM\23OCN1.SGM
23OCN1
Agencies
[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Notices]
[Pages 84530-84532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24497]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-847]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
Mexico: Preliminary Results and Rescission in Part, of the Antidumping
Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines heavy walled rectangular welded carbon steel pipes and tubes
(HWR) from Mexico were sold at less than normal value during the period
of review (POR), September 1, 2022, through August 31, 2023.
Additionally, Commerce is rescinding this review, in part, with respect
to certain companies. We invite interested parties to comment on these
preliminary results.
DATES: Applicable October 23, 2024.
FOR FURTHER INFORMATION CONTACT: Taylor Hatley or Christopher Hargett,
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) 482-4886 or (202)
482-4161, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 13, 2016, Commerce published in the Federal Register
the antidumping duty order on HWR from Mexico.\1\ On September 6, 2023,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On November 15, 2023,
based on timely requests for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the Order
with respect to 19 companies.\3\ On December 9, 2022, Commerce selected
Maquilacero S.A. de C.V. (Maquilacero) and Productos Laminados de
Monterrey S.A. de C.V. (Prolamsa) for individual examination as
mandatory respondents in this administrative review.\4\
---------------------------------------------------------------------------
\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 60923 (September
6, 2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 78298 (November 15, 2023) (Initiation
Notice).
\4\ See Memorandum, ``Respondent Selection for the 2022-2023
Antidumping Duty Administrative Review,'' dated January 11, 2024.
---------------------------------------------------------------------------
On May 16, 2024, Commerce extended the preliminary results of this
review until August 30, 2024.\5\ On July 22, 2024, Commerce tolled
certain deadlines in this administrative proceeding by seven days.\6\
Subsequently on August 15, 2024, Commerce extended the deadline for the
preliminary results until October 4, 2024.\7\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\8\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Extension of Deadline for the Final
Results of Antidumping Duty Administrative Review,'' dated May 16,
2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated August
15, 2024.
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022-2023 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Steel Cut-to-Length Plate
from Italy,'' (Preliminary Decision Memorandum) dated concurrently
with, and hereby adopted by, this notice.
---------------------------------------------------------------------------
Rescission of Administrative Review in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review. On
February 13, 2024, Nucor Tubular Products, Inc. (the petitioner) timely
withdrew its request for an administrative review with respect to 17
companies.\9\ Because no other parties requested a review of these
companies, we are rescinding this review, in part, with respect to
these 17 companies.\10\
---------------------------------------------------------------------------
\9\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated February 13, 2024.
\10\ Companies for which the review request was withdrawn are:
(1) Aceros del Toro S.A. de C.V.; (2) Aceros El Fraile S.A. de C.V.;
(3) Arco Metal S.A. de C.V.; (4) Border Assembly S. de R.L. de C.V.;
(5) Buffalo Tube S.A. de C.V.; (6) Fortacero S.A. de C.V.; (7) Forza
Steel S.A. de C.V.; (8) Grupo Collado S.A. de C.V; (9) Industrias
Monterrey S.A. de C.V.; (10) Perfiles y Herrajes L.M. S.A. de C.V.;
(11) P.J. Trailers Company S.A. de C.V.; (12) Placa y Fierro de
Monterrey S.A. de C.V.; (13) PYTCO S.A. de C.V.; (14) Regiomontana
de Perfiles y Tubos S.A. de C.V.; (15) Ternium S.A. de C.V.; (16)
Tuberia Nacional S.A. de C.V.; and (17) Tuberias Procarsa S.A. de
C.V.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are HWR pipes and tubes from
Mexico. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price and constructed export price are calculated in accordance
with section 772 of the Act. Normal value is calculated in accordance
with section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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
Preliminary Decision Memorandum is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the period September 1,
2021, through August 31, 2022: \11\
---------------------------------------------------------------------------
\11\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily collapsed the following companies and treated
them as a single entity: Maquilacero S.A. de C.V.; Tecnicas de
Fluidos S.A. de C.V.
[[Page 84531]]
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V.; Tecnicas de Fluidos S.A. de C.V... 7.22
Productos Laminados de Monterrey S.A. de C.V................ 8.13
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs or other written comments
to Commerce no later than 30 days after the date of publication of this
notice.\12\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the time limit for
filing case briefs.\13\ Parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a statement of the issue;
(2) a brief summary of the argument; and (3) a table of
authorities.\14\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\13\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings, we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide, at the beginning of their briefs, a public
executive summary for each issue raised in their briefs.\15\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, no including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\16\
---------------------------------------------------------------------------
\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Final Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Acting Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS. Hearing requests should contain: (1)
the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to issues raised in the respective case
briefs. If a request for a hearing is made, Commerce intends to hold
the hearing at a date and time to be determined and will notify the
parties through ACCESS.17 Parties should confirm the date, time, and
location of the hearing two days before the scheduled date. All
submissions, including case and rebuttal briefs, as well as hearing
requests, should be filed using ACCESS. An electronically-filed
document must be received successfully in its entirety by ACCESS \17\
by 5:00 p.m. Eastern Time on the established deadline.
---------------------------------------------------------------------------
\17\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, upon completion of the
final results of this administrative review, Commerce shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries.\18\
---------------------------------------------------------------------------
\18\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.212(b)(1), if a respondent's weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.50
percent) in the final results of this review, we intend to calculate an
importer-specific ad valorem assessment rate 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.\19\ If the respondent
has not reported entered values, we will calculate 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 will calculate an
importer-specific ad valorem ratio based on estimated entered values.
If either of the respondents' 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, in the final
results of review, we intend to instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\20\
---------------------------------------------------------------------------
\19\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification for Reviews).
\20\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
For entries of subject merchandise during the POR produced by each
individually examined respondent for which the producer did not know
that the merchandise was destined for the United States, we will
instruct CBP to liquidate unreviewed entries at the all-others rate
(4.91 percent) if there is no rate for the intermediate company(ies)
involved in the transaction.\21\
---------------------------------------------------------------------------
\21\ See Order; see also Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003).
---------------------------------------------------------------------------
For the companies for which this review is being rescinded, in
part, Commerce will instruct CBP to assess antidumping duties on all
appropriate entries. Antidumping duties shall be assessed at rates
equal to the cash deposit rate for estimated antidumping duties
required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). With respect
to the recission of this review, in part, Commerce intends to issue
assessment instructions to CBP no earlier than 41 days after the date
of publication of this notice in the Federal Register.
The final results of this administrative review shall be the basis
for the assessment of antidumping duties on entries of merchandise
covered by this review and for future deposits of estimated duties,
where applicable.\22\
---------------------------------------------------------------------------
\22\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
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 rate for the companies
listed above will be equal to the
[[Page 84532]]
weighted-average dumping margin established in the final results of
this review, except if the rate is less than 0.50 percent and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for merchandise
exported by companies not covered in this review but covered in a prior
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 less-than-fair-value (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.\23\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
---------------------------------------------------------------------------
\23\ See Order.
---------------------------------------------------------------------------
Final Results of Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of its analysis of issues raised by interested parties in the
written comments, within 120 days of publication of these preliminary
results in the Federal Register.\24\
---------------------------------------------------------------------------
\24\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a preliminary 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.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: October 4, 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-24497 Filed 10-22-24; 8:45 am]
BILLING CODE 3510-DS-P