80 FR 8606 - Certain Circular Welded Non-Alloy Steel Pipe from Mexico: Notice of Amended Final Results of Antidumping Duty Administrative Review Pursuant to Settlement

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 32 (February 18, 2015)

[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8606-8607]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03478]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-805]


Certain Circular Welded Non-Alloy Steel Pipe from Mexico: Notice 
of Amended Final Results of Antidumping Duty Administrative Review 
Pursuant to Settlement

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Effective: February 18, 2015.

FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, 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-
6312 and (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 9, 2010, the Department of Commerce (the Department) 
published the final results of its administrative review of the 
antidumping duty order on certain circular welded non-alloy steel pipe 
from Mexico. The period of review (POR) is November 1, 2008, through 
October 31, 2009.\1\
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    \1\ See Certain Circular Welded Non-Alloy Steel Pipe From 
Mexico: Final Results of Antidumping Duty Administrative Review, 76 
FR 36086 (June 21, 2011) (Final Results).
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    In the Final Results, the Department assigned to Mueller Comercial 
de Mexico, S. de R.L. de C.V. (Mueller), an exporter of certain 
circular welded non-alloy steel pipe from Mexico to the United States, 
a rate of 19.81 percent for the 2008-09 period of review. The 
Department had conducted administrative reviews of Mueller, Tuberia 
Nacional, S.A. de C.V. (TUNA), and Ternium, S.A.de C.V. (Ternium). The 
Department based Mueller's margin, in part, on facts available because 
an unaffiliated supplier refused to supply the Department with its 
costs of production, necessary to conduct the sales-below-cost test on 
Mueller's home market sales.
    Following the publication of the Final Results, Mueller filed a 
lawsuit with the United States Court of International Trade (CIT) 
challenging the Department's final results of administrative review.\2\ 
The CIT upheld the Department's final results.\3\ Mueller timely 
appealed to the United States Court of Appeals for the Federal Circuit 
(CAFC or Court).\4\ The CAFC remanded for the Department to reconsider 
the margin calculated for Mueller.\5\
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    \2\ See Mueller Comercial de Mexico, S. de R.L. de C.V. v. 
United States, Court No. 11-00319, Slip Op. 12-156 (December 21, 
2012).
    \3\ See Mueller Comercial de Mexico, S. de R.L. de C.V. v. 
United States, Court No. 11-00319, Slip Op. 13-57 (May 2, 2013).
    \4\ See Mueller Comercial de Mexico, S. de R.L. de C.V. v. 
United States, 753 F.3rd 1227 (Fed. Circ., 2014).
    \5\ Id., at 1235-36.
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    The United States and Mueller have now entered into an agreement to 
settle this dispute. The Court issued its amended Order of Judgment by 
Stipulation on February 6, 2015.\6\ Pursuant to the Court's amended 
Order of Judgment by Stipulation, the amended final weighted-average 
dumping margin for Mueller Comercial de Mexico, S. de R.L. de C.V. is 
13.70 percent, as agreed to by the parties.
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    \6\ See Mueller Comercial de Mexico, S. de R.L. de C.V. v. 
United States, Court No. 11-00319, Slip Op. 15-9 (February 6, 2015).
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Assessment Rates

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries covered by this review pursuant to 
section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). The Department 
intends to issue assessment instructions to CBP within 15 days after 
the date of publication of these amended final results of review in the 
Federal Register.
    Because Mueller's weighted-average dumping margin is not zero or de 
minimis (i.e., less than 0.5 percent), the Department has calculated 
importer-specific antidumping duty assessment rates. We calculated 
importer-specific ad valorem antidumping duty assessment rates by 
aggregating the total amount of dumping calculated for the examined 
sales of each importer and dividing each of these amounts by the total 
entered value associated with those sales. We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review where an importer-specific assessment rate is not zero or de 
minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to 
liquidate without regard to antidumping duties any entries for which 
the importer-specific assessment rate is zero or de minimis.

Cash Deposit Requirements

    The cash deposit rate for Mueller will be that stipulated in the 
settlement agreement, 13.70 percent.

Notification to Importers

    This notice also serves as a final reminder to importers of their

[[Page 8607]]

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 the Secretary's presumption that 
reimbursement of antidumping duties occurred, and the subsequent 
assessment of double antidumping duties.
    We are issuing this determination and publishing these final 
results of antidumping duty administrative review pursuant to 
settlement and notice in accordance with 19 U.S.C. 1516(e).

    Dated: February 12, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-03478 Filed 2-17-15; 8:45 am]
BILLING CODE 3510-DS-P