81_FR_14141 81 FR 14090 - Heavy Walled Rectangular Carbon Steel Pipes and Tubes From Mexico: Amended Preliminary Determination of Sales at Less Than Fair Value

81 FR 14090 - Heavy Walled Rectangular Carbon Steel Pipes and Tubes From Mexico: Amended Preliminary Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 51 (March 16, 2016)

Page Range14090-14091
FR Document2016-05943

As a result of the correction of a significant ministerial error, the Department of Commerce (the Department) continues to preliminarily determine that heavy walled rectangular carbon steel pipes and tubes (HWR pipes and tubes) from Mexico are being sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The period of investigation is July 1, 2014, through June 30, 2015. Interested parties are invited to comment on this amended preliminary determination.

Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016) 
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14090-14091]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05943]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-847]


Heavy Walled Rectangular Carbon Steel Pipes and Tubes From 
Mexico: Amended Preliminary Determination of Sales at Less Than Fair 
Value

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

SUMMARY: As a result of the correction of a significant ministerial 
error, the Department of Commerce (the Department) continues to 
preliminarily determine that heavy walled rectangular carbon steel 
pipes and tubes (HWR pipes and tubes) from Mexico are being sold in the 
United States at less than fair value (LTFV), as provided in section 
733(b) of the Tariff Act of 1930, as amended (the Act). The period of 
investigation is July 1, 2014, through June 30, 2015. Interested 
parties are invited to comment on this amended preliminary 
determination.

DATES: Effective Date: March 1, 2016.

FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or David Crespo, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6345 or (202) 482-3693, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 29, 2016, Productos Laminados de Monterrey S.A. de C.V. 
(Prolamsa), alleged that the Department made a significant ministerial 
error in the Preliminary Determination.\1\
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    \1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes From Mexico: Affirmative Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination, 81 FR 
10587 (March 1, 2016) (Preliminary Determination).
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Scope of the Investigation

    The products covered by this investigation are certain heavy walled 
rectangular welded steel pipes and tubes of rectangular (including 
square) cross section, having a nominal wall thickness of not less than 
4 mm. The merchandise includes, but is not limited to, the American 
Society for Testing and Materials (ASTM) A-500, grade B specifications, 
or comparable domestic or foreign specifications.
    Included products are those in which: (1) Iron predominates, by 
weight, over each of the other contained elements; (2) the carbon 
content is 2 percent or less, by weight; and (3) none of the elements 
below exceeds the quantity, by weight, respectively indicated:
     2.50 percent of manganese, or
     3.30 percent of silicon, or
     1.50 percent of copper, or
     1.50 percent of aluminum, or
     1.25 percent of chromium, or
     0.30 percent of cobalt, or
     0.40 percent of lead, or
     2.0 percent of nickel, or
     0.30 percent of tungsten, or
     0.80 percent of molybdenum, or
     0.10 percent of niobium (also called columbium), or
     0.30 percent of vanadium, or
     0.30 percent of zirconium.
    The subject merchandise is currently provided for in item 
7306.61.1000 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Subject merchandise may also enter under HTSUS 7306.61.3000. 
While the HTSUS subheadings and ASTM specification are provided for 
convenience and customs purposes, the written description of the scope 
of this investigation is dispositive.

Significant Ministerial Error

    A ministerial error is defined in 19 CFR 351.224(f) as ``an error 
in addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.'' Further, 19 CFR

[[Page 14091]]

351.224(e) provides that the Department ``will analyze any comments 
received and, if appropriate, correct any significant ministerial error 
by amending the preliminary determination.'' A significant ministerial 
error is defined as a ministerial error, the correction of which, 
singly or in combination with other errors, would result in: (1) A 
change of at least five absolute percentage points in, but not less 
than 25 percent of, the weighted-average dumping margin calculated in 
the original (erroneous) preliminary determination; or (2) a difference 
between a weighted-average dumping margin of zero or de minimis and a 
weighted-average dumping margin of greater than de minimis or vice 
versa.\2\
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    \2\ See 19 CFR 351.224(g)(1) and (2).
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Ministerial Error Allegation

    Productos Laminados de Monterrey S.A. de C.V. (Prolamsa) argues 
that the Department in its margin calculations incorrectly referenced 
the variable name for the production quantity reported in Prolamsa' 
cost of production database as ``QUANTITY,'' rather than ``PRODQTY.'' 
\3\ As a result of this error, Prolamsa points out that the Department 
failed to weight average Prolamsa's reported costs by production 
quantity, but instead calculated a simple average of Prolamsa's costs.
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    \3\ See letter from Prolamsa entitled, ``Heavy Walled 
Rectangular Carbon Steel Pipes and Tubes from Mexico: Ministerial 
Error Comments,'' dated February 29, 2016, at page 3.
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    We agree with Prolamsa. Moreover, pursuant to 19 CFR 351.224(g)(2), 
this error is significant because the correction of the error results 
in a change of at least five absolute percentage points in, but not 
less than 25 percent of, the weighted-average dumping margin originally 
calculated for Prolamsa. Therefore, we are correcting the error alleged 
by Prolamsa and we are amending our preliminary determination 
accordingly.
    The collection of cash deposits and suspension of liquidation will 
be revised accordingly in accordance with sections 733(d) and (f) of 
the Act and 19 CFR 351.224. Because the correction of the error for 
Prolamsa results in a reduced cash deposit rate, the revised rates 
calculated for Prolamsa and the companies covered by the ``all others'' 
rate will be effective retroactively to March 1, 2016, the date of 
publication of the Preliminary Determination.

Amended Preliminary Determination

    We are amending the preliminary determination of sales at LTFV for 
HWR pipes and tubes from Mexico to reflect the correction of a 
ministerial error made in the margin calculation of that determination 
for Prolamsa. As a result of the correction of the ministerial error, 
the revised weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                        Weighted-average
                Exporter/manufacturer                    dumping margin
                                                           (percent)
------------------------------------------------------------------------
Productos Laminados de Monterrey S.A. de C.V.........               5.17
All Others...........................................           \4\ 4.92
------------------------------------------------------------------------

International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we are notifying the 
International Trade Commission (ITC) of our amended preliminary 
determination of sales at LTFV. If our final determination is 
affirmative, the ITC will determine before the later of 120 days after 
the date of this preliminary determination or 45 days after our final 
determination whether these imports are materially injuring, or 
threaten material injury to, the U.S. industry.\5\
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    \4\ In this investigation, we based our calculation of the all-
others rate on the weighted-average of the margins calculated for 
Maquilacero S.A. de C.V. and Prolamsa using publicly-ranged data. 
Because we cannot apply our normal methodology of calculating a 
weighted-average margin due to requests to protect business-
proprietary information, we find this rate to be the best proxy of 
the actual weighted-average margin determined for these respondents. 
For further discussion of this calculation, see the memorandum 
entitled ``Less-Than-Fair-Value Investigation of Heavy Walled 
Rectangular Welded Carbon Steel Pipes and Tubes from Mexico: 
Calculation of the All-Others Rate for the Amended Preliminary 
Determination,'' dated concurrently with this notice.
    \5\ See 735(b)(2) of the Act.
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Notification to Interested Parties

    The Department intends to disclose calculations performed in 
connection with this amended preliminary determination within five days 
of the date of publication of this notice in accordance with 19 CFR 
351.224(b).
    This determination is issued and published in accordance with 
sections 733(f) and 777(i) of the Act and 19 CFR 351.224(e).

    Dated: March 9, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-05943 Filed 3-15-16; 8:45 am]
 BILLING CODE 3510-DS-P

14090 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices and Materials (‘‘ASTM’’) or American continuation of the AD order and CVD SUPPLEMENTARY INFORMATION: Petroleum Institute (‘‘API’’) order on seamless pipe from the PRC. Background specifications referenced below, or U.S. Customs and Border Protection will comparable specifications. Specifically continue to collect antidumping and On February 29, 2016, Productos included within the scope are seamless countervailing duty cash deposits at the Laminados de Monterrey S.A. de C.V. carbon and alloy steel (other than rates in effect at the time of entry for all (Prolamsa), alleged that the Department stainless steel) standard, line, and imports of subject merchandise. made a significant ministerial error in pressure pipes produced to the ASTM The effective date of the continuation the Preliminary Determination.1 A–53, ASTM A–106, ASTM A–333, of the orders will be the date of Scope of the Investigation ASTM A–334, ASTM A–589, ASTM publication in the Federal Register of A–795, ASTM A–1024, and the API 5L this notice of continuation. Pursuant to The products covered by this specifications, or comparable section 751(c)(2) of the Act, the investigation are certain heavy walled specifications, and meeting the physical Department intends to initiate the next rectangular welded steel pipes and parameters described above, regardless five-year review of the orders not later tubes of rectangular (including square) of application, with the exception of the than 30 days prior to the fifth cross section, having a nominal wall exclusion discussed below. anniversary of the effective date of thickness of not less than 4 mm. The Specifically excluded from the scope continuation. merchandise includes, but is not limited of the orders are: (1) All pipes meeting These five-year (‘‘sunset’’) reviews to, the American Society for Testing and aerospace, hydraulic, and bearing tubing and this notice are in accordance with Materials (ASTM) A–500, grade B specifications; (2) all pipes meeting the section 751(c) of the Act and published specifications, or comparable domestic chemical requirements of ASTM A–335, pursuant to section 777(i)(1) of the Act or foreign specifications. whether finished or unfinished; and (3) and 19 CFR 351.218(f)(4). Included products are those in which: unattached couplings. Also excluded Dated: March 9, 2016. (1) Iron predominates, by weight, over from the scope of the order are all each of the other contained elements; (2) Paul Piquado, mechanical, boiler, condenser and heat the carbon content is 2 percent or less, exchange tubing, except when such Assistant Secretary for Enforcement and by weight; and (3) none of the elements Compliance. products conform to the dimensional below exceeds the quantity, by weight, requirements, i.e., outside diameter and [FR Doc. 2016–05941 Filed 3–15–16; 8:45 am] respectively indicated: wall thickness of ASTM A–53, ASTM BILLING CODE 3510–DS–P • 2.50 percent of manganese, or A–106 or API 5L specifications. • 3.30 percent of silicon, or The merchandise covered by the • 1.50 percent of copper, or orders is currently classified in the DEPARTMENT OF COMMERCE • 1.50 percent of aluminum, or Harmonized Tariff Schedule of the • 1.25 percent of chromium, or International Trade Administration United States (‘‘HTSUS’’) under item • 0.30 percent of cobalt, or numbers: 7304.19.1020, 7304.19.1030, [A–201–847] • 0.40 percent of lead, or 7304.19.1045, 7304.19.1060, • 2.0 percent of nickel, or 7304.19.5020, 7304.19.5050, Heavy Walled Rectangular Carbon • 0.30 percent of tungsten, or 7304.31.6050, 7304.39.0016, Steel Pipes and Tubes From Mexico: • 0.80 percent of molybdenum, or 7304.39.0020, 7304.39.0024, Amended Preliminary Determination of • 0.10 percent of niobium (also called 7304.39.0028, 7304.39.0032, Sales at Less Than Fair Value columbium), or 7304.39.0036, 7304.39.0040, AGENCY: Enforcement and Compliance, • 0.30 percent of vanadium, or 7304.39.0044, 7304.39.0048, International Trade Administration, • 0.30 percent of zirconium. 7304.39.0052, 7304.39.0056, The subject merchandise is currently Department of Commerce. 7304.39.0062, 7304.39.0068, provided for in item 7306.61.1000 of the SUMMARY: As a result of the correction 7304.39.0072, 7304.51.5005, Harmonized Tariff Schedule of the of a significant ministerial error, the United States (HTSUS). Subject 7304.51.5060, 7304.59.6000, 7304.59.8010, 7304.59.8015, Department of Commerce (the merchandise may also enter under 7304.59.8020, 7304.59.8025, Department) continues to preliminarily HTSUS 7306.61.3000. While the HTSUS 7304.59.8030, 7304.59.8035, determine that heavy walled rectangular subheadings and ASTM specification 7304.59.8040, 7304.59.8045, carbon steel pipes and tubes (HWR are provided for convenience and 7304.59.8050, 7304.59.8055, pipes and tubes) from Mexico are being customs purposes, the written 7304.59.8060, 7304.59.8065, and sold in the United States at less than fair description of the scope of this 7304.59.8070. Although the HTSUS value (LTFV), as provided in section investigation is dispositive. subheadings are provided for 733(b) of the Tariff Act of 1930, as amended (the Act). The period of Significant Ministerial Error convenience and customs purposes, our written description of the merchandise investigation is July 1, 2014, through A ministerial error is defined in 19 subject to this scope is dispositive. June 30, 2015. Interested parties are CFR 351.224(f) as ‘‘an error in addition, invited to comment on this amended subtraction, or other arithmetic Continuation of the Orders preliminary determination. function, clerical error resulting from As a result of the determinations by DATES: Effective Date: March 1, 2016. inaccurate copying, duplication, or the the Department and the ITC that FOR FURTHER INFORMATION CONTACT: like, and any other similar type of mstockstill on DSK4VPTVN1PROD with NOTICES revocation of the AD and CVD orders Blaine Wiltse or David Crespo, AD/CVD unintentional error which the Secretary would likely lead to a continuation or Operations, Office II, Enforcement and considers ministerial.’’ Further, 19 CFR recurrence of dumping and Compliance, International Trade countervailable subsidies and material Administration, U.S. Department of 1 See Heavy Walled Rectangular Welded Carbon injury to an industry in the United Commerce, 14th Street and Constitution Steel Pipes and Tubes From Mexico: Affirmative Preliminary Determination of Sales at Less Than States, pursuant to section 751(d)(2) of Avenue NW., Washington, DC 20230; Fair Value and Postponement of Final the Act and 19 CFR 351.218(a), the telephone: (202) 482–6345 or (202) 482– Determination, 81 FR 10587 (March 1, 2016) Department hereby orders the 3693, respectively. (Preliminary Determination). VerDate Sep<11>2014 18:11 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1

Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices 14091 351.224(e) provides that the Department the correction of a ministerial error DEPARTMENT OF COMMERCE ‘‘will analyze any comments received made in the margin calculation of that and, if appropriate, correct any determination for Prolamsa. As a result International Trade Administration significant ministerial error by of the correction of the ministerial error, [A–427–602] amending the preliminary the revised weighted-average dumping determination.’’ A significant margins are as follows: Brass Sheet and Strip From France: ministerial error is defined as a Final Results of Antidumping Duty ministerial error, the correction of Weighted-average Administrative Review; 2014–2015 which, singly or in combination with Exporter/manufacturer dumping margin other errors, would result in: (1) A (percent) AGENCY: Enforcement and Compliance, change of at least five absolute International Trade Administration, percentage points in, but not less than Productos Laminados de Department of Commerce. Monterrey S.A. de C.V. 5.17 25 percent of, the weighted-average 4 4.92 SUMMARY : On December 1, 2015, the All Others ........................ dumping margin calculated in the Department of Commerce (the original (erroneous) preliminary Department) published the preliminary determination; or (2) a difference International Trade Commission (ITC) results of the administrative review of between a weighted-average dumping Notification the antidumping duty order on brass margin of zero or de minimis and a sheet and strip from France.1 The In accordance with section 733(f) of weighted-average dumping margin of review covers Griset SA (Griset) and greater than de minimis or vice versa.2 the Act, we are notifying the International Trade Commission (ITC) of KME France SAS (KME France). The Ministerial Error Allegation our amended preliminary determination period of review (POR) is March 1, of sales at LTFV. If our final 2014, through February 28, 2015. We Productos Laminados de Monterrey invited interested parties to comment on S.A. de C.V. (Prolamsa) argues that the determination is affirmative, the ITC our Preliminary Results. No parties Department in its margin calculations will determine before the later of 120 commented, and our final results incorrectly referenced the variable name days after the date of this preliminary remain unchanged from our Preliminary for the production quantity reported in determination or 45 days after our final Results. The final results are listed in Prolamsa’ cost of production database as determination whether these imports the section entitled ‘‘Final Results of ‘‘QUANTITY,’’ rather than are materially injuring, or threaten ‘‘PRODQTY.’’ 3 As a result of this error, Review’’ below. material injury to, the U.S. industry.5 Prolamsa points out that the Department DATES: Effective Date: March 16, 2016. failed to weight average Prolamsa’s Notification to Interested Parties FOR FURTHER INFORMATION CONTACT: reported costs by production quantity, Mark Flessner or Robert James, AD/CVD but instead calculated a simple average The Department intends to disclose Operations, Office VI, Enforcement and of Prolamsa’s costs. calculations performed in connection Compliance, International Trade We agree with Prolamsa. Moreover, with this amended preliminary Administration, U.S. Department of pursuant to 19 CFR 351.224(g)(2), this determination within five days of the Commerce, 14th Street and Constitution error is significant because the date of publication of this notice in Avenue NW., Washington, DC 20230; correction of the error results in a accordance with 19 CFR 351.224(b). telephone: (202) 482–6312 or (202) 482– change of at least five absolute This determination is issued and 0649, respectively. percentage points in, but not less than published in accordance with sections SUPPLEMENTARY INFORMATION: 25 percent of, the weighted-average 733(f) and 777(i) of the Act and 19 CFR dumping margin originally calculated Background 351.224(e). for Prolamsa. Therefore, we are On December 1, 2015, the Department correcting the error alleged by Prolamsa Dated: March 9, 2016. published the preliminary results of this and we are amending our preliminary Paul Piquado, review in the Federal Register. See determination accordingly. Assistant Secretary for Enforcement and Preliminary Results. We invited parties The collection of cash deposits and Compliance. to comment on the Preliminary Results. suspension of liquidation will be [FR Doc. 2016–05943 Filed 3–15–16; 8:45 am] No party commented, nor did any party revised accordingly in accordance with request a hearing. BILLING CODE 3510–DS–P sections 733(d) and (f) of the Act and 19 As explained in the memorandum CFR 351.224. Because the correction of from the Acting Assistant Secretary for the error for Prolamsa results in a Enforcement & Compliance, the reduced cash deposit rate, the revised Department has exercised its discretion rates calculated for Prolamsa and the 4 In this investigation, we based our calculation to toll all administrative deadlines due companies covered by the ‘‘all others’’ of the all-others rate on the weighted-average of the margins calculated for Maquilacero S.A. de C.V. to the recent closure of the Federal rate will be effective retroactively to Government. All deadlines in this and Prolamsa using publicly-ranged data. Because March 1, 2016, the date of publication we cannot apply our normal methodology of segment of the proceeding have been of the Preliminary Determination. calculating a weighted-average margin due to extended by four business days. The Amended Preliminary Determination requests to protect business-proprietary revised deadline for the final results of information, we find this rate to be the best proxy We are amending the preliminary this review is now April 5, 2016.2 mstockstill on DSK4VPTVN1PROD with NOTICES of the actual weighted-average margin determined determination of sales at LTFV for HWR for these respondents. For further discussion of this 1 See Brass Sheet and Strip From France: pipes and tubes from Mexico to reflect calculation, see the memorandum entitled ‘‘Less- Preliminary Results of Antidumping Duty Than-Fair-Value Investigation of Heavy Walled Administrative Review; 2014–2015, 80 FR 75055 2 See19 CFR 351.224(g)(1) and (2). Rectangular Welded Carbon Steel Pipes and Tubes (December 1, 2015) (Preliminary Results). 3 Seeletter from Prolamsa entitled, ‘‘Heavy from Mexico: Calculation of the All-Others Rate for 2 See Memorandum to the Record from Ron Walled Rectangular Carbon Steel Pipes and Tubes the Amended Preliminary Determination,’’ dated Lorentzen, Acting A/S for Enforcement & from Mexico: Ministerial Error Comments,’’ dated concurrently with this notice. Compliance, regarding ‘‘Tolling of Administrative February 29, 2016, at page 3. 5 See 735(b)(2) of the Act. Continued VerDate Sep<11>2014 18:11 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1


Document Created: 2016-03-15 23:44:30
Document Modified: 2016-03-15 23:44:30
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
ContactBlaine Wiltse or David Crespo, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6345 or (202) 482-3693, respectively.
FR Citation81 FR 14090 
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