80 FR 69941 - Light-Walled Rectangular Pipe and Tube from Mexico: Final Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 218 (November 12, 2015)
International Trade Administration
Federal Register Volume 80, Issue 218 (November 12, 2015)
| Page Range | 69941-69942 | |
| FR Document | 2015-28752 |
[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)] [Notices] [Pages 69941-69942] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-28752] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-201-836] Light-Walled Rectangular Pipe and Tube from Mexico: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: On July 8, 2015, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on light-walled rectangular pipe and tube from Mexico.\1\ The review covers one producer/exporter of the subject merchandise, Perfiles y Herrajes LM, S.A. de C.V. (Perfiles). The period of review (POR) is August 1, 2013, through July 31, 2014. As a result of our analysis of the comments received, these final results differ from the Preliminary Results. For the final weighted-average dumping margins, see the ``Final Results of Review'' section below. --------------------------------------------------------------------------- \1\ See Light-Walled Rectangular Pipe and Tube from Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2013- 2014, 80 FR 39055 (July 8, 2015) (Preliminary Results). --------------------------------------------------------------------------- DATES: Effective Date: November 12, 2015. FOR FURTHER INFORMATION CONTACT: Brian Davis or Emily Maloof, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 7924 or (202) 482-5649, respectively. SUPPLEMENTARY INFORMATION: Background On July 8, 2015, the Department published the Preliminary Results. In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to comment on the Preliminary Results. On August 7, 2015, Perfiles submitted a timely case brief.\2\ We received no additional case or rebuttal briefs from any interested party. We did not receive a hearing request. --------------------------------------------------------------------------- \2\ See Letter to the Department, ``Light-Walled Rectangular Pipe and Tube from Mexico for the 2013-2014 Review Period--Case Brief of Perfiles y Herrajes LM, S.A. de C.V.'', dated August 7, 2015. --------------------------------------------------------------------------- Scope of the Order The scope of this order covers certain welded carbon-quality light- walled steel pipe and tube, of rectangular (including square) cross section, having a wall thickness of less than 4 mm. The welded carbon- quality rectangular pipe and tube subject to the order is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7306.61.50.00 and 7306.61.70.60. The merchandise subject to the order is currently classified in the Harmonized Tariff Schedule of the United States at subheadings 8504.23.0040, 8504.23.0080 and 8504.90.9540.\3\ --------------------------------------------------------------------------- \3\ For a full description of the scope of the order, see the Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, titled ``Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Light-Walled Rectangular Pipe and Tube from Mexico; 2013-2014'' (Issues and Decision Memorandum), which is issued concurrent with and hereby adopted by this notice. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case brief by Perfiles in this administrative review are addressed in the Issues and Decision Memorandum.\4\ A list of the issues that Perfiles raised and to which we responded is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on-file electronically via ACCESS. ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \4\ Id. --------------------------------------------------------------------------- Changes Since the Preliminary Results Based on a review of the record and comments received from Perfiles regarding our Preliminary Results, we recalculated Perfiles' weighted- average dumping margin for these final results. In particular, we revised our comparison program to address certain programming errors, including errors related to discounts and rebates, and to account for certain insurance expenses. We also revised our margin program to include certain sales in our analysis that were inadvertently omitted in the Preliminary Results.\5\ --------------------------------------------------------------------------- \5\ See Memorandum from Emily Maloof to the File, regarding ``Analysis of Data Submitted by Perfiles y Herrajes LM, S.A. de C.V. in the Final Results of the Administrative Review of the Antidumping Duty Order on Light-Walled Rectangular Pipe and Tube from Mexico; 2013-2014'' (Perfiles Final Analysis Memorandum), dated November 4, 2015 at section ``Changes from the Preliminary Results,'' for further information. --------------------------------------------------------------------------- Final Results of Review The weighted-average dumping margin for the period August 1, 2013, through July 31, 2014, is as follows: ------------------------------------------------------------------------ Weighted- average Manufacturer/exporter margin (percent) ------------------------------------------------------------------------ Perfiles................................................... 0.00 ------------------------------------------------------------------------ Duty Assessment The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries in this review, in accordance with 19 CFR 351.212(b). Because we have calculated a zero margin for Perfiles in the final results of this review, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The Department clarified its ``automatic assessment'' regulation on May 6, 2003.\6\ This clarification will apply to entries of subject merchandise during the POR produced by the respondent for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see the Automatic Assessment Clarification. --------------------------------------------------------------------------- \6\ See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Automatic Assessment Clarification). --------------------------------------------------------------------------- The Department intends to issue assessment instructions directly to CBP 41 days after publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of this notice for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of these final results, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for Perfiles noted above will be the rate established in the final results of this administrative [[Page 69942]] review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 3.76 percent, the all- others rate established in the antidumping investigation.\7\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \7\ See Light-Walled Rectangular Pipe and Tube from Mexico, the People's Republic of China, and the Republic of Korea: Antidumping Duty Orders; Light-Walled Rectangular Pipe and Tube from the Republic of Korea: Notice of Amended Final Determination of Sales at Less Than Fair Value, 73 FR 45403, 45404 (August 5, 2008). --------------------------------------------------------------------------- Notification to Importers Regarding the Reimbursement of Duties 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 and/or countervailing duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (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/destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h). Dated: November 4, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix--List of Topics Discussed in the Final Issues and Decision Memorandum I. Summary II. Issues III. Background IV. Scope of the Order V. Discussion of Interested Party Comments Comment 1: Discounts Granted on Home-Market Sales Comment 2: The Proper Universe of Sales Comment 3: Certain Home-Market Insurance Expenses VI. Recommendation [FR Doc. 2015-28752 Filed 11-10-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices 69941
Dated: November 5, 2015. any interested party. We did not receive include certain sales in our analysis that
Paul Piquado, a hearing request. were inadvertently omitted in the
Assistant Secretary for Enforcement and Preliminary Results.5
Scope of the Order
Compliance.
The scope of this order covers certain Final Results of Review
[FR Doc. 2015–28755 Filed 11–10–15; 8:45 am]
BILLING CODE 3510–DS–P
welded carbon-quality light-walled steel The weighted-average dumping
pipe and tube, of rectangular (including margin for the period August 1, 2013,
square) cross section, having a wall through July 31, 2014, is as follows:
DEPARTMENT OF COMMERCE thickness of less than 4 mm. The
welded carbon-quality rectangular pipe Weighted-
average
International Trade Administration and tube subject to the order is currently Manufacturer/exporter margin
classified under the Harmonized Tariff (percent)
[A–201–836]
Schedule of the United States (HTSUS)
subheadings 7306.61.50.00 and Perfiles ........................................ 0.00
Light-Walled Rectangular Pipe and
Tube from Mexico: Final Results of 7306.61.70.60. The merchandise subject
Antidumping Duty Administrative to the order is currently classified in the Duty Assessment
Review; 2013–2014 Harmonized Tariff Schedule of the The Department will determine, and
United States at subheadings U.S. Customs and Border Protection
AGENCY: Enforcement and Compliance, 8504.23.0040, 8504.23.0080 and (CBP) shall assess, antidumping duties
International Trade Administration, 8504.90.9540.3 on all appropriate entries in this review,
Department of Commerce in accordance with 19 CFR 351.212(b).
Analysis of Comments Received
SUMMARY: On July 8, 2015, the Because we have calculated a zero
Department of Commerce (the All issues raised in the case brief by margin for Perfiles in the final results of
Department) published the preliminary Perfiles in this administrative review are this review, we will instruct CBP to
results of the administrative review of addressed in the Issues and Decision liquidate the appropriate entries
the antidumping duty order on light- Memorandum.4 A list of the issues that without regard to antidumping duties.
walled rectangular pipe and tube from Perfiles raised and to which we The Department clarified its
Mexico.1 The review covers one responded is attached to this notice as ‘‘automatic assessment’’ regulation on
producer/exporter of the subject an Appendix. The Issues and Decision May 6, 2003.6 This clarification will
merchandise, Perfiles y Herrajes LM, Memorandum is a public document and apply to entries of subject merchandise
S.A. de C.V. (Perfiles). The period of is on-file electronically via ACCESS. during the POR produced by the
review (POR) is August 1, 2013, through ACCESS is available to registered users respondent for which it did not know its
July 31, 2014. As a result of our analysis at http://access.trade.gov and in the merchandise was destined for the
of the comments received, these final Central Records Unit, Room B8024 of United States. In such instances, we will
results differ from the Preliminary the main Department of Commerce instruct CBP to liquidate unreviewed
Results. For the final weighted-average building. In addition, a complete entries at the all-others rate if there is no
dumping margins, see the ‘‘Final Results version of the Issues and Decision rate for the intermediate company(ies)
of Review’’ section below. Memorandum can be accessed directly involved in the transaction. For a full
DATES: Effective Date: November 12, on the Internet at http://enforcement. discussion of this clarification, see the
2015. trade.gov/frn/index.html. The signed Automatic Assessment Clarification.
Issues and Decision Memorandum and The Department intends to issue
FOR FURTHER INFORMATION CONTACT: the electronic version of the Issues and assessment instructions directly to CBP
Brian Davis or Emily Maloof, AD/CVD Decision Memorandum are identical in 41 days after publication of the final
Operations, Office VI, Enforcement and content. results of this review.
Compliance, International Trade
Administration, U.S. Department of Changes Since the Preliminary Results Cash Deposit Requirements
Commerce, 14th Street and Constitution Based on a review of the record and The following cash deposit
Avenue NW., Washington, DC 20230; comments received from Perfiles requirements will be effective upon
telephone: (202) 482–7924 or (202) 482– regarding our Preliminary Results, we publication of this notice for all
5649, respectively. recalculated Perfiles’ weighted-average shipments of subject merchandise
SUPPLEMENTARY INFORMATION: dumping margin for these final results. entered, or withdrawn from warehouse,
In particular, we revised our for consumption on or after the
Background comparison program to address certain publication of these final results, as
On July 8, 2015, the Department programming errors, including errors provided by section 751(a)(2) of the Act:
published the Preliminary Results. In related to discounts and rebates, and to (1) The cash deposit rate for Perfiles
accordance with 19 CFR account for certain insurance expenses. noted above will be the rate established
351.309(c)(1)(ii), we invited parties to We also revised our margin program to in the final results of this administrative
comment on the Preliminary Results. On
August 7, 2015, Perfiles submitted a 3 For a full description of the scope of the order, 5 See Memorandum from Emily Maloof to the
timely case brief.2 We received no see the Memorandum from Christian Marsh, Deputy File, regarding ‘‘Analysis of Data Submitted by
Assistant Secretary for Antidumping and Perfiles y Herrajes LM, S.A. de C.V. in the Final
additional case or rebuttal briefs from Countervailing Duty Operations, to Paul Piquado, Results of the Administrative Review of the
mstockstill on DSK4VPTVN1PROD with NOTICES
Assistant Secretary for Enforcement and Antidumping Duty Order on Light-Walled
1 See Light-Walled Rectangular Pipe and Tube Compliance, titled ‘‘Issues and Decision Rectangular Pipe and Tube from Mexico; 2013–
from Mexico: Preliminary Results of Antidumping Memorandum for the Final Results of the 2014’’ (Perfiles Final Analysis Memorandum), dated
Duty Administrative Review; 2013±2014, 80 FR Administrative Review of the Antidumping Duty November 4, 2015 at section ‘‘Changes from the
39055 (July 8, 2015) (Preliminary Results). Order on Light-Walled Rectangular Pipe and Tube Preliminary Results,’’ for further information.
2 See Letter to the Department, ‘‘Light-Walled from Mexico; 2013–2014’’ (Issues and Decision 6 See Antidumping and Countervailing Duty
Rectangular Pipe and Tube from Mexico for the Memorandum), which is issued concurrent with Proceedings: Assessment of Antidumping Duties, 68
2013–2014 Review Period—Case Brief of Perfiles y and hereby adopted by this notice. FR 23954 (May 6, 2003) (Automatic Assessment
Herrajes LM, S.A. de C.V.’’, dated August 7, 2015. 4 Id. Clarification).
VerDate Sep<11>2014 18:15 Nov 10, 2015 Jkt 238001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\12NON1.SGM 12NON1](https://thefederalregister.org/doc/80_FR_70159/page/1.svg)
![69942 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices
review; (2) for merchandise exported by Dated: November 4, 2015. find Ningbo Dasheng Hanger Industry
manufacturers or exporters not covered Paul Piquado, Co., Ltd. (‘‘Ningbo Dasheng’’) is not
in this administrative review but Assistant Secretary for Enforcement and eligible for separate rate status and,
covered in a prior segment of the Compliance. therefore, is part of the PRC-wide entity.
proceeding, the cash deposit rate will Appendix—List of Topics Discussed in the Listed below in the ‘‘Final Results of the
continue to be the company specific rate Final Issues and Decision Memorandum Administrative Review’’ section of this
published for the most recently notice are the final dumping margins.
I. Summary
completed segment of this proceeding; II. Issues The period of review (‘‘POR’’) is October
(3) if the exporter is not a firm covered III. Background 1, 2013, through September 30, 2014.
in this review, a prior review, or the IV. Scope of the Order DATES: Effective Date: November 12,
original investigation, but the V. Discussion of Interested Party Comments 2015.
manufacturer is, the cash deposit rate Comment 1: Discounts Granted on Home-
Market Sales FOR FURTHER INFORMATION CONTACT:
will be the rate established for the most
Comment 2: The Proper Universe of Sales Alexis Polovina, Alexander Komisar, or
recently completed segment of this
Comment 3: Certain Home-Market Insurance Kathleen Marksberry, AD/CVD
proceeding for the manufacturer of the Expenses Operations, Office V, Enforcement and
subject merchandise; and (4) the cash VI. Recommendation Compliance, International Trade
deposit rate for all other manufacturers
[FR Doc. 2015–28752 Filed 11–10–15; 8:45 am] Administration, Department of
or exporters will continue to be 3.76
BILLING CODE 3510–DS–P Commerce, 14th Street and Constitution
percent, the all-others rate established
Avenue NW., Washington, DC 20230;
in the antidumping investigation.7
telephone: (202) 482–3927, (202) 482–
These cash deposit requirements, when DEPARTMENT OF COMMERCE 7425, or (202) 482–7906, respectively.
imposed, shall remain in effect until
SUPPLEMENTARY INFORMATION:
further notice. International Trade Administration
Notification to Importers Regarding the Background
[A–570–918]
Reimbursement of Duties The Department published the
This notice also serves as a final Steel Wire Garment Hangers From the Preliminary Results on July 15, 2015. On
reminder to importers of their People’s Republic of China: Final August 24, 2015, M&B Metal Products
responsibility under 19 CFR 351.402(f) Results of Antidumping Duty Inc., (‘‘Petitioner’’), U.S. Distributors,3
to file a certificate regarding the Administrative Review, 2013–2014 Aristocraft of America LLC
reimbursement of antidumping and/or (‘‘Aristocraft’’), and Ningbo Dasheng
AGENCY: Enforcement and Compliance,
countervailing duties prior to submitted case briefs. On September 1,
International Trade Administration,
liquidation of the relevant entries 2015, Petitioner submitted a rebuttal
Department of Commerce.
during the POR. Failure to comply with brief. On September 9, 2015, the
SUMMARY: On July 15, 2015, the
this requirement could result in the Department held a public hearing where
Department of Commerce (‘‘the counsel for Petitioner, U.S. Distributors,
Department’s presumption that Department’’) published the Preliminary
reimbursement of antidumping and/or and Aristocraft, presented issues raised
Results of the sixth administrative in their case and rebuttal briefs.
countervailing duties occurred and the review of the antidumping duty order
subsequent assessment of doubled on steel wire garment hangers from the Scope of the Order
antidumping duties. People’s Republic of China (‘‘PRC’’).1 The merchandise that is subject to the
Administrative Protective Order We invited parties to comment on the order is steel wire garment hangers. The
Preliminary Results. Based on our products subject to the order are
This notice also serves as a reminder analysis of the comments and
to parties subject to administrative currently classified under U.S.
information received, we made no Harmonized Tariff Schedule (‘‘HTSUS’’)
protective orders (APO) of their changes to the final margin calculations
responsibility concerning the return or subheadings 7326.20.0020,
of Shanghai Wells Hanger Co., Ltd. 7323.99.9060, and 7323.99.9080.
destruction of proprietary information (‘‘Shanghai Wells’’).2 We continue to
disclosed under APO in accordance Although the HTSUS subheadings are
with 19 CFR 351.305(a)(3), which provided for convenience and customs
1 See Steel Wire Garment Hangers From the
continues to govern business purposes, the written description of the
People's Republic of China: Preliminary Results of
proprietary information in this segment Antidumping Duty Administrative Review; 2013± merchandise remains dispositive. A full
of the proceeding. Timely written 2014, 80 FR 41480 (July 15, 2015) (‘‘Preliminary description of the scope of the order is
notification of the return/destruction of Results’’). contained in the Issues and Decision
2 The Department previously found that Shanghai
APO materials, or conversion to judicial Memorandum,4 which is hereby
Wells Hanger Co., Ltd., Hong Kong Wells Ltd. (‘‘HK
protective order, is hereby requested. Wells’’) and Hong Kong Wells Ltd. (USA) (‘‘Wells
adopted by this notice.
Failure to comply with the regulations USA’’) are affiliated and that Shanghai Wells
3 FabriClean Supply Inc., Best For Less Dry
and the terms of an APO is a Hanger Co., Ltd. and HK Wells comprise a single
entity (collectively, ‘‘Shanghai Wells’’). Because Cleaners Supply LLC, Ideal Chemical & Supply
sanctionable violation. there were no changes in this review to the facts Company, Laundry & Cleaners Supply Inc., Rocky
We are issuing and publishing this that supported that decision, we continue to find Mountain Hanger MFG Co., Rosenberg Supply Co.,
notice in accordance with sections Shanghai Wells, HK Wells, and USA Wells are Ltd, and ZTN Management Company, LLC,
affiliated and that Shanghai Wells and HK Wells (collectively, ‘‘U.S. Distributors’’). The U.S.
751(a)(1) and 777(i)(1) of the Act and 19 Distributors include importers of subject
comprise a single entity. See Steel Wire Garment
mstockstill on DSK4VPTVN1PROD with NOTICES
CFR 351.213(h). Hangers From the People's Republic of China: merchandise and a wholesaler of domestic like
Preliminary Results and Preliminary Rescission, in product.
7 See Light-Walled Rectangular Pipe and Tube Part, of the First Antidumping Duty Administrative 4 See the Department’s Memorandum, titled
from Mexico, the People's Republic of China, and Review, 75 FR 68758, 68761 (November 9, 2010), ‘‘Steel Wire Garment Hangers from the People’s
the Republic of Korea: Antidumping Duty Orders; unchanged in First Administrative Review of Steel Republic of China: Issues and Decision
Light-Walled Rectangular Pipe and Tube from the Wire Garment Hangers From the People's Republic Memorandum for the Final Results of the Sixth
Republic of Korea: Notice of Amended Final of China: Final Results and Final Partial Rescission Antidumping Duty Administrative Review,’’ dated
Determination of Sales at Less Than Fair Value, 73 of Antidumping Duty Administrative Review, 76 FR concurrently with this notice (‘‘Issues and Decision
FR 45403, 45404 (August 5, 2008). 27994, 27996 (May 13, 2011). Memorandum’’).
VerDate Sep<11>2014 18:15 Nov 10, 2015 Jkt 238001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\12NON1.SGM 12NON1](https://thefederalregister.org/doc/80_FR_70159/page/2.svg)
Document Created: 2015-12-14 14:53:52
Document Modified: 2015-12-14 14:53:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Brian Davis or Emily Maloof, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 7924 or (202) 482-5649, respectively. | |
| FR Citation | 80 FR 69941 |
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