80_FR_8638 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

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)

Page Range8606-8607
FR Document2015-03478

Federal Register, Volume 80 Issue 32 (Wednesday, 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

8606 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices to file a certificate regarding the DEPARTMENT OF COMMERCE the Department’s final results.3 Mueller reimbursement of antidumping and/or timely appealed to the United States countervailing duties prior to International Trade Administration Court of Appeals for the Federal Circuit liquidation of the relevant entries (CAFC or Court).4 The CAFC remanded during the POR. Failure to comply with [A–201–805] for the Department to reconsider the this requirement could result in the margin calculated for Mueller.5 Department’s presumption that Certain Circular Welded Non-Alloy The United States and Mueller have reimbursement of antidumping and/or Steel Pipe from Mexico: Notice of now entered into an agreement to settle countervailing duties occurred and the Amended Final Results of this dispute. The Court issued its subsequent assessment of doubled Antidumping Duty Administrative amended Order of Judgment by Review Pursuant to Settlement Stipulation on February 6, 2015.6 antidumping duties. Pursuant to the Court’s amended Order Administrative Protective Order AGENCY: Enforcement and Compliance, of Judgment by Stipulation, the International Trade Administration, amended final weighted-average This notice also serves as a reminder Department of Commerce. dumping margin for Mueller Comercial to parties subject to administrative de Mexico, S. de R.L. de C.V. is 13.70 DATES: Effective: February 18, 2015. protective orders (APO) of their percent, as agreed to by the parties. responsibility concerning the return or FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD Assessment Rates destruction of proprietary information disclosed under APO in accordance Operations, Office VI, Enforcement and The Department shall determine, and with 19 CFR 351.305(a)(3), which Compliance, International Trade CBP shall assess, antidumping duties on continues to govern business Administration, U.S. Department of all appropriate entries covered by this proprietary information in this segment Commerce, 14th Street and Constitution review pursuant to section 751(a)(2)(C) of the proceeding. Timely written Avenue NW., Washington, DC 20230; of the Act and 19 CFR 351.212(b). The notification of the return/destruction of telephone: (202) 482–6312 and (202) Department intends to issue assessment 482–0649, respectively. instructions to CBP within 15 days after APO materials, or conversion to judicial SUPPLEMENTARY INFORMATION: the date of publication of these protective order, is hereby requested. amended final results of review in the Failure to comply with the regulations Background Federal Register. and the terms of an APO is a Because Mueller’s weighted-average sanctionable violation. On April 9, 2010, the Department of dumping margin is not zero or de Commerce (the Department) published We are issuing and publishing this minimis (i.e., less than 0.5 percent), the the final results of its administrative notice in accordance with sections Department has calculated importer- review of the antidumping duty order 751(a)(1) and 777(i)(1) of the Act and 19 specific antidumping duty assessment on certain circular welded non-alloy CFR 351.213(h). rates. We calculated importer-specific steel pipe from Mexico. The period of ad valorem antidumping duty Dated: February 10, 2015. review (POR) is November 1, 2008, assessment rates by aggregating the total Paul Piquado, through October 31, 2009.1 amount of dumping calculated for the Assistant Secretary for Enforcement and In the Final Results, the Department examined sales of each importer and Compliance. assigned to Mueller Comercial de dividing each of these amounts by the Mexico, S. de R.L. de C.V. (Mueller), an total entered value associated with those Appendix exporter of certain circular welded non- sales. We will instruct CBP to assess List of Topics Discussed in the Final Issues alloy steel pipe from Mexico to the antidumping duties on all appropriate and Decision Memorandum United States, a rate of 19.81 percent for entries covered by this review where an I. Summary the 2008–09 period of review. The importer-specific assessment rate is not II. Background Department had conducted zero or de minimis. Pursuant to 19 CFR III. Scope administrative reviews of Mueller, 351.106(c)(2), we will instruct CBP to IV. List of Comments Tuberia Nacional, S.A. de C.V. (TUNA), liquidate without regard to antidumping Comment 1: Consideration of an and Ternium, S.A.de C.V. (Ternium). duties any entries for which the Alternative Comparison Method in The Department based Mueller’s importer-specific assessment rate is zero Administrative Reviews margin, in part, on facts available or de minimis. Comment 2: The Utilization of the Cohen’s because an unaffiliated supplier refused to supply the Department with its costs Cash Deposit Requirements d Test in Differential Pricing Analysis Comment 3: Application of the Average-to- of production, necessary to conduct the The cash deposit rate for Mueller will Transaction Method to Non-dumped sales-below-cost test on Mueller’s home be that stipulated in the settlement U.S. Sales market sales. agreement, 13.70 percent. Comment 4: Definition of ‘‘Purchaser’’ in Following the publication of the Final Notification to Importers the Differential Pricing Analysis Results, Mueller filed a lawsuit with the Comment 5: Correction for Rummo’s U.S. United States Court of International This notice also serves as a final Direct Selling Expenses Trade (CIT) challenging the reminder to importers of their Comment 6: The Commission Offset for Department’s final results of 3 See Mueller Comercial de Mexico, S. de R.L. de emcdonald on DSK67QTVN1PROD with NOTICES Rummo’s Constructed Export Price (CEP) administrative review.2 The CIT upheld C.V. v. United States, Court No. 11–00319, Slip Op. Sales 13–57 (May 2, 2013). Comment 7: Treatment of Tomasello’s 1 See Certain Circular Welded Non-Alloy Steel 4 See Mueller Comercial de Mexico, S. de R.L. de Billing Adjustments Pipe From Mexico: Final Results of Antidumping C.V. v. United States, 753 F.3rd 1227 (Fed. Circ., V. Analysis Duty Administrative Review, 76 FR 36086 (June 21, 2014). VI. Recommendation 2011) (Final Results). 5 Id., at 1235–36. 2 See Mueller Comercial de Mexico, S. de R.L. de 6 See Mueller Comercial de Mexico, S. de R.L. de [FR Doc. 2015–03334 Filed 2–17–15; 8:45 am] C.V. v. United States, Court No. 11–00319, Slip Op. C.V. v. United States, Court No. 11–00319, Slip Op. BILLING CODE 3510–DS–P 12–156 (December 21, 2012). 15–9 (February 6, 2015). VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1

Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8607 responsibility under 19 CFR 351.402(f) antidumping duty orders on the continuation of the antidumping to file a certificate regarding the ferrovanadium from the PRC and South orders on ferrovanadium from the PRC reimbursement of antidumping duties Africa, pursuant to section 751(c) of the and South Africa. U.S. Customs and prior to liquidation of the relevant Tariff Act of 1930, as amended (the Border Protection will continue to entries during this review period. ‘‘Act’’).1 As a result of its reviews, the collect antidumping duty cash deposits Failure to comply with this requirement Department determined that revocation at the rates in effect at the time of entry could result in the Secretary’s of the antidumping duty orders on for all imports of subject merchandise. presumption that reimbursement of ferrovanadium from the PRC and South The effective date of the continuation antidumping duties occurred, and the Africa would likely lead to continuation of the orders will be the date of subsequent assessment of double or recurrence of dumping and notified publication in the Federal Register of antidumping duties. the ITC of the magnitude of the margins this notice of continuation. Pursuant to We are issuing this determination and likely to prevail should the orders be section 751(c)(2) of the Act, the publishing these final results of revoked.2 On February 3, 2015, the ITC Department intends to initiate the next antidumping duty administrative review published its determination, pursuant to five-year review of the orders not later pursuant to settlement and notice in section 751(c) of the Act, that revocation than 30 days prior to the fifth accordance with 19 U.S.C. 1516(e). of the antidumping duty orders on anniversary of the effective date of Dated: February 12, 2015. ferrovanadium from the PRC and South continuation. Africa would likely lead to continuation These five-year sunset reviews and Paul Piquado, or recurrence of material injury to an this notice are in accordance with Assistant Secretary for Enforcement and industry in the United States within a section 751(c) of the Act and published Compliance. reasonably foreseeable time.3 pursuant to section 777(i)(1) of the Act [FR Doc. 2015–03478 Filed 2–17–15; 8:45 am] Scope of the Orders and 19 CFR 351.218(f)(4). BILLING CODE 3510–DS–P Dated: February 6, 2015. The scope of these orders covers all ferrovanadium regardless of grade, Paul Piquado, DEPARTMENT OF COMMERCE chemistry, form, shape, or size. Assistant Secretary for Enforcement and Ferrovanadium is an alloy of iron and Compliance. International Trade Administration vanadium that is used chiefly as an [FR Doc. 2015–03336 Filed 2–17–15; 8:45 am] [A–570–873; A–791–815] additive in the manufacture of steel. The BILLING CODE 3510–DS–P merchandise is commercially and Ferrovanadium From the People’s scientifically identified as vanadium. It Republic of China and the Republic of specifically excludes vanadium DEPARTMENT OF COMMERCE South Africa: Continuation of additives other than ferrovanadium, Antidumping Duty Orders such as nitride vanadium, vanadium- International Trade Administration AGENCY: Enforcement and Compliance, aluminum master alloys, vanadium Cyber Security Business Development International Trade Administration, chemicals, vanadium oxides, vanadium Mission to Poland and Romania May Department of Commerce. waste and scrap, and vanadium-bearing 11–15, 2015 SUMMARY: As a result of determinations raw materials such as slag, boiler by the Department of Commerce (the residues and fly ash. Merchandise under AGENCY: International Trade ‘‘Department’’) and the International the following Harmonized Tariff Administration, Department of Trade Commission (the ‘‘ITC’’) that Schedule of the United States Commerce. revocation of the antidumping duty (‘‘HTSUS’’) item numbers 2850.00.2000, ACTION: Notice. orders on ferrovanadium from the 8112.40.3000, and 8112.40.6000 are specifically excluded. Ferrovanadium is SUMMARY: The United States Department People’s Republic of China (‘‘PRC’’) and of Commerce, International Trade the Republic of South Africa (‘‘South classified under HTSUS item number 7202.92.00. Although the HTSUS item Administration, is amending the Notice Africa’’) would likely lead to a published at 79 FR 58746 (September continuation or recurrence of dumping number is provided for convenience and Customs purposes, the Department’s 30, 2014), regarding the executive-led and material injury to an industry in the Cyber Security Business Development written description of the scope of these United States, the Department is Mission to Poland and Romania, orders remains dispositive. publishing a notice of continuation of scheduled for May 11–15, 2015, to these antidumping duty orders. Continuation of the Orders announce new leadership in the trade DATES: Effective Date: February 18, As a result of the determinations by mission and to extend the date of the 2015. the Department and the ITC that application deadline from March 1, FOR FURTHER INFORMATION CONTACT: revocation of the antidumping duty 2015 to the new deadline of March 13, Jonathan Hill or Howard Smith, AD/ orders would likely lead to continuation 2015. CVD Operations, Office IV, Enforcement or recurrence of dumping and material SUPPLEMENTARY INFORMATION: and Compliance, International Trade injury to an industry in the United Amendments to Announce Leadership Administration, U.S. Department of States, pursuant to section 751(d)(2) of and Revise the Dates. Commerce, 14th Street and Constitution the Act, the Department hereby orders Avenue NW., Washington, DC 20230; Background emcdonald on DSK67QTVN1PROD with NOTICES 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 78 telephone: 202–482–3518 or 202–482– The United States Department of FR 65614 (November 1, 2013). 5193, respectively. 2 See Ferrovanadium from the People’s Republic Commerce is pleased to announce that SUPPLEMENTARY INFORMATION: of China and the Republic of South Africa: Final the Cyber Security Business Results of the Expedited Second Sunset Reviews of Development Mission to Poland and Background the Antidumping Duty Orders, 79 FR 14216 (March Romania will now be led by the Deputy 13, 2014). On November 1, 2013, the Department 3 See Ferrovanadium from China and South Secretary of Commerce, Bruce H. published a notice of initiation of the Africa; Determinations, 80 FR 5787 (February 3, Andrews. Due to this change in second sunset reviews of the 2015). leadership, it has been determined that VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1


Document Created: 2018-02-16 11:10:46
Document Modified: 2018-02-16 11:10:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective: February 18, 2015.
ContactMark 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.
FR Citation80 FR 8606 
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