82_FR_57812 82 FR 57579 - Certain Circular Welded Non-Alloy Steel Pipe From Mexico; Preliminary Results of Review, Preliminary Determination of No Shipments, and Partial Rescission of Antidumping Duty Administrative Review; 2015-2016

82 FR 57579 - Certain Circular Welded Non-Alloy Steel Pipe From Mexico; Preliminary Results of Review, Preliminary Determination of No Shipments, and Partial Rescission of Antidumping Duty Administrative Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 233 (December 6, 2017)

Page Range57579-57581
FR Document2017-26300

The Department of Commerce (the Department) is conducting an 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, 2015, through October 31, 2016. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 82 Issue 233 (Wednesday, December 6, 2017)
[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Notices]
[Pages 57579-57581]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26300]



[[Page 57579]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-805]


Certain Circular Welded Non-Alloy Steel Pipe From Mexico; 
Preliminary Results of Review, Preliminary Determination of No 
Shipments, and Partial Rescission of Antidumping Duty Administrative 
Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an 
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, 2015, through October 31, 2016. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable December 6, 2017.

FOR FURTHER INFORMATION CONTACT: Mark Flessner, 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) 482-6312.

SUPPLEMENTARY INFORMATION: 

Background

    On January 13, 2017, the Department published a notice of 
initiation of an administrative review of the antidumping duty order 
\1\ on certain circular welded non-alloy steel pipe from Mexico.\2\ The 
Initiation Notice covered the following producers/exporters of the 
subject merchandise: (1) Abastecedora y Perfiles y Tubos, S.A. de C.V. 
(Abastecedora); (2) Conduit, S.A. de C.V. (Conduit); (3) Lamina y Placa 
Comercial, S.A. de C.V. (Lamina y Placa); (4) Regiomontana de Perfiles 
y Tubos S.A. de C.V. (Regiopytsa); (5) Maquilacero S.A. de C.V. 
(Maquilacero); (6) Mueller Comercial de Mexico, S. de R.L. de C.V. 
(Mueller); (7) Productos Laminados de Monterrey S.A. de C.V. 
(Prolamsa); (8) Pytco, S.A. de C.V. (Pytco); (9) Ternium Mexico, S.A. 
de C.V. (Ternium); (10) Villacero; and (11) Tuberia Nacional, S.A. de 
C.V. (Tuberia).\3\ On July 10, 2017, and November 6, 2017, the 
Department extended the deadline for the preliminary results.\4\ The 
revised deadline for the preliminary results of this review is now 
November 30, 2017. For a full description of events in this proceeding, 
see the Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------

    \1\ See Notice of Antidumping Duty Orders: Certain Circular 
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea 
(Korea), Mexico, and Venezuela and Amendment to Final Determination 
of Sales at Less Than Fair Value: Certain Welded Non-Alloy Steel 
Pipe from Korea, 57 FR 49453 (November 2, 1992) (the Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 4294 (January 13, 2017) (Initiation 
Notice).
    \3\ Id.
    \4\ See Memorandum, ``Certain Circular Welded Non-Alloy Steel 
Pipe from Mexico: Extension of Time Limit for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated July 10, 2017, and 
Memorandum, ``Certain Circular Welded Non-Alloy Steel Pipe from 
Mexico: Extension of Time Limit for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated November 6, 2017.
    \5\ See Memorandum ``Certain Circular Welded Non-Alloy Steel 
Pipe from Mexico: Preliminary Decision Memorandum'' (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are circular welded non-alloy 
steel pipes and tubes. The merchandise covered by the order and subject 
to this review is currently classified in the Harmonized Tariff 
Schedule of the United States (HTSUS) at subheadings: 7306.30.1000, 
7306.30.5025, 7306.30.5032, 7306.30.5040, 7306.30.5055, 7306.30.5085, 
and 7306.30.5090. Although the HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
of this proceeding is dispositive. A full description of the scope of 
the order is contained in the Preliminary Decision Memorandum, which is 
hereby adopted by this notice and incorporated herein by reference. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically 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 and 
available to all parties in the Central Records Unit, Room 7046 of the 
main Department of Commerce building. In addition, a complete version 
of the Preliminary Decision Memorandum can be accessed directly on the 
internet at http://enforcement.trade.gov/frn. The signed Preliminary 
Decision Memorandum and electronic versions of the Preliminary Decision 
Memorandum are identical in content.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if a party that requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. On January 
13, 2017, in accordance with section 751(a) of the Tariff Act of 1930, 
as amended (the Act), the Department initiated a review of the 
companies in this proceeding for which timely requests for review were 
received.\6\ On April 13, 2017, the petitioner timely withdrew its 
request for a review of Mueller.\7\ Because all requests for review of 
Mueller were timely withdrawn, we are rescinding this administrative 
review with respect to Mueller pursuant to 19 CFR 351.213(d)(1).\8\
---------------------------------------------------------------------------

    \6\ See Initiation Notice.
    \7\ See Letter from Petitioner, ``Certain Circular Welded Non-
Alloy Steel Pipe from Mexico: Partial Withdrawal of Request for 
Administrative Review,'' dated April 13, 2017 (Petitioner Withdrawal 
Request).
    \8\ See the Preliminary Decision Memorandum at the section 
entitled, ``Partial Rescission.''
---------------------------------------------------------------------------

    On April 12, 2017, Maquilacero withdrew its request for an 
administrative review of itself; \9\ however, the petitioner also 
requested a review of Maquilacero which was not withdrawn; therefore, 
we are not rescinding this review with respect to Maquilacero.
---------------------------------------------------------------------------

    \9\ See Letter from Maquilacero, ``Certain Circular Welded Non-
Alloy Steel Pipe and Tube from Mexico; Withdrawal of Request for 
Review for Maquilacero S.A. de C.V.,'' dated April 12, 2017 
(Maquilacero Withdrawal Request).
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    Lamina y Placa, Pytco, Regiopytsa, Villacero, and Tuberia reported 
that they made no sales of subject merchandise during the POR.\10\ On 
April 28, 2017, we issued a no-shipment inquiry to U.S. Customs and 
Border Protection (CBP) to confirm the claims of no shipments by Lamina 
y Placa, Pytco, Regiopytsa, Villacero, and Tuberia. We received no 
response to our inquiry from CBP. Therefore, based on the claims of no 
shipments by Lamina y Placa, Pytco, Regiopytsa, Villacero, and Tuberia, 
and because the record currently contains no information to the 
contrary, we preliminarily determine that Lamina y Placa, Regiopytsa, 
Pytco, Villacero, and Tuberia had no shipments of subject merchandise 
and, therefore, no reviewable transactions during the POR. Moreover, 
consistent with our practice, we are not preliminarily rescinding the 
review

[[Page 57580]]

with respect to Lamina y Placa, Pytco, Regiopytsa, Villacero, and 
Tuberia but, rather, we will complete the review with respect to these 
companies and issue appropriate instructions to CBP based on the final 
results of this review.\11\
---------------------------------------------------------------------------

    \10\ See Letter from Lamina y Placa, ``Certain Circular Welded 
Non-Alloy Steel Pipe from Mexico: Notice of No Sales,'' dated 
January 25, 2017; Letter from Villacero, ``Circular Welded Non-Alloy 
Steel Pipe and Tube from Mexico: Notice of No Sales,'' dated 
February 3, 2017; Letter from Regiopytsa, ``Circular Welded Non-
Alloy Steel Pipe from Mexico: No Shipment Notification,'' dated 
February 13, 2017.
    \11\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at 
51306 (August 28, 2014).
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of the Act. Constructed export price (CEP) is calculated in 
accordance with section 772(c) of the Act. Normal value (NV) is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. A list of topics discussed in the 
Preliminary Decision Memorandum is included as an Appendix to this 
notice.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margins for the POR:
---------------------------------------------------------------------------

    \12\ The Department has preliminarily treated these companies as 
a single entity. See Preliminary Decision Memorandum.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Abastecedora y Perfiles y Tubos, S.A. de C.V................       73.70
Conduit, S.A. de C.V........................................       73.70
Maquilacero, S.A. de C.V....................................       73.70
Productos Laminados de Monterrey, S.A. de C.V./Aceros Cuatro       73.70
 Caminos S.A. de C.V.\12\...................................
Ternium Mexico, S.A. de C.V.................................       73.70
------------------------------------------------------------------------

    For the rate for non-selected respondents in an administrative 
review, generally, the Department looks to section 735(c)(5) of the 
Act, which provides instructions for calculating the all-others rate in 
a market economy investigation. Under section 735(c)(5)(A) of the Act, 
the all-others rate is normally ``an amount equal to the weighted- 
average of the estimated weighted-average dumping margins established 
for exporters and producers individually investigated, excluding any 
zero or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .'' In this proceeding, we calculated a 
margin for Prolamsa that was not zero, de minimis, or based on facts 
available. Accordingly, we have preliminarily applied the margin 
calculated for Prolamsa to the non-individually examined respondents.

Assessment Rates

    With respect to Muller, the Department will direct CBP to assess 
antidumping duties at the cash deposit rate in effect on the date of 
entry for entries during the period November 1, 2015, through October 
31, 2016. We intend to issue liquidation instructions to CBP 15 days 
after publication of this notice.
    Consistent with the Department's assessment practice, if we 
continue to find in the final results that Lamina y Placa, Pytco, 
Regiopyta, Villacero, and Tuberia had no shipments of subject 
merchandise during the POR, we will instruct CBP to liquidate any 
suspended entries at the all-others rate if there is no rate for the 
intermediate companies involved in the transaction.\13\
---------------------------------------------------------------------------

    \13\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    With respect to the non-selected companies that remain under review 
and for which we do not make a final determination of no shipments, 
upon completion of the administrative review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries.\14\ For any individually examined respondent whose weighted-
average dumping margin is above de minimis (i.e., 0.50 percent), we 
will calculate importer-specific ad valorem duty assessment rates based 
on the ratio of the total amount of dumping calculated for the 
importer's examined sales to the total entered value of those same 
sales in accordance with 19 CFR 351.212(b)(1). Where either a 
respondent's weighted-average dumping margin is zero or de minimis, or 
an importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties. For entries of subject merchandise during the POR 
produced by each respondent for which it did not know its merchandise 
was destined for the United States, we will instruct CBP to liquidate 
un-reviewed entries at the all-others rate if there is no rate for the 
intermediate company involved in the transaction.\15\
---------------------------------------------------------------------------

    \14\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012).
    \15\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of certain circular welded non-alloy steel pipe from 
Mexico entered, or withdrawn from warehouse, for consumption on or 
after the date of publication as provided by section 751(a)(2) of the 
Act: (1) The cash deposit rates for Abastecedora, Conduit, Maquilacero, 
Prolamsa, and Ternium will be the weighted-average dumping margins 
established in the final results of this administrative review except 
if the rates are de minimis within the meaning of 19 CFR 351.106(c)(1), 
in which case the cash deposit rates will be zero; (2) for merchandise 
exported by manufacturers or exporters not covered in this 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 in which the manufacturer 
or exporter participated; (3) if the exporter is not a firm covered in 
this review, a prior review, or the original less-than-fair-value 
investigation but the manufacturer is, the cash deposit rate will be 
the rate established for the most recently completed segment of the 
proceeding for the manufacturer of the merchandise; (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 32.62 percent ad valorem, the all-others rate established in the 
original less-than-fair-value investigation.\16\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \16\ See Final Determination of Sales at Less Than Fair Value: 
Circular Welded Non-Alloy Steel Pipe from Mexico, 57 FR 42953 
(September 17, 1992).
---------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days of the date of publication of this notice.\17\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs no later than 30 days after the

[[Page 57581]]

date of publication of this notice. Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed no later than five days after 
the date for filing case briefs.\18\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\19\ Case and rebuttal briefs 
should be filed using ACCESS.\20\
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.224(b).
    \18\ See 19 CFR 351.309(d).
    \19\ See 19 CFR 351.309(c)(2) and (d)(2).
    \20\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically filed document must be received successfully 
in its entirety by the Department's electronic records system, ACCESS, 
by 5:00 p.m. Eastern Time within 30 days after the date of publication 
of this notice.\21\ 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 those raised in the respective case briefs. If a request for 
a hearing is made, parties will be notified of the date and time of the 
hearing to be held at the U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230.
---------------------------------------------------------------------------

    \21\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), the Department intends to issue the 
final results of this administrative review, including the results of 
its analysis of the issues raised in all written case briefs, within 
120 days after the issuance of these preliminary results.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).

    Dated: November 30, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary of Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

Summary
Background
Scope of the Order
Partial Rescission of Administrative Review
Preliminary Determination of No Shipments
Non-Selected Respondents
Methodology
    Use of Facts Otherwise Available
    Fair Value Comparisons
    Product Comparisons
    Date of Sale
    Level of Trade
    Constructed Export Price
    Normal Value
    Cost of Production
    Calculation of Normal Value Based on Comparison Market Prices
    Currency Conversion
Recommendation

[FR Doc. 2017-26300 Filed 12-5-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                        Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices                                                    57579

                                               DEPARTMENT OF COMMERCE                                  (Tuberia).3 On July 10, 2017, and                     the date of publication of notice of
                                                                                                       November 6, 2017, the Department                      initiation of the requested review. On
                                               International Trade Administration                      extended the deadline for the                         January 13, 2017, in accordance with
                                               [A–201–805]                                             preliminary results.4 The revised                     section 751(a) of the Tariff Act of 1930,
                                                                                                       deadline for the preliminary results of               as amended (the Act), the Department
                                               Certain Circular Welded Non-Alloy                       this review is now November 30, 2017.                 initiated a review of the companies in
                                               Steel Pipe From Mexico; Preliminary                     For a full description of events in this              this proceeding for which timely
                                               Results of Review, Preliminary                          proceeding, see the Preliminary                       requests for review were received.6 On
                                               Determination of No Shipments, and                      Decision Memorandum.5                                 April 13, 2017, the petitioner timely
                                               Partial Rescission of Antidumping                                                                             withdrew its request for a review of
                                                                                                       Scope of the Order
                                               Duty Administrative Review; 2015–                                                                             Mueller.7 Because all requests for
                                               2016                                                      The products covered by the order are               review of Mueller were timely
                                                                                                       circular welded non-alloy steel pipes                 withdrawn, we are rescinding this
                                               AGENCY:  Enforcement and Compliance,                    and tubes. The merchandise covered by                 administrative review with respect to
                                               International Trade Administration,                     the order and subject to this review is               Mueller pursuant to 19 CFR
                                               Department of Commerce.                                 currently classified in the Harmonized                351.213(d)(1).8
                                               SUMMARY: The Department of Commerce                     Tariff Schedule of the United States                    On April 12, 2017, Maquilacero
                                               (the Department) is conducting an                       (HTSUS) at subheadings: 7306.30.1000,                 withdrew its request for an
                                               administrative review of the                            7306.30.5025, 7306.30.5032,                           administrative review of itself; 9
                                               antidumping duty order on certain                       7306.30.5040, 7306.30.5055,                           however, the petitioner also requested a
                                               circular welded non-alloy steel pipe                    7306.30.5085, and 7306.30.5090.                       review of Maquilacero which was not
                                               from Mexico. The period of review                       Although the HTSUS subheadings are                    withdrawn; therefore, we are not
                                               (POR) is November 1, 2015, through                      provided for convenience and customs                  rescinding this review with respect to
                                               October 31, 2016. Interested parties are                purposes, our written description of the              Maquilacero.
                                               invited to comment on these                             scope of this proceeding is dispositive.
                                                                                                                                                             Preliminary Determination of No
                                               preliminary results.                                    A full description of the scope of the
                                                                                                                                                             Shipments
                                               DATES: Applicable December 6, 2017.                     order is contained in the Preliminary
                                                                                                       Decision Memorandum, which is hereby                    Lamina y Placa, Pytco, Regiopytsa,
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       adopted by this notice and incorporated               Villacero, and Tuberia reported that
                                               Mark Flessner, AD/CVD Operations,
                                                                                                       herein by reference. The Preliminary                  they made no sales of subject
                                               Office VI, Enforcement and Compliance,
                                                                                                       Decision Memorandum is a public                       merchandise during the POR.10 On
                                               International Trade Administration,
                                                                                                       document and is on file electronically                April 28, 2017, we issued a no-shipment
                                               U.S. Department of Commerce, 1401
                                                                                                       via Enforcement and Compliance’s                      inquiry to U.S. Customs and Border
                                               Constitution Avenue NW., Washington,
                                                                                                       Antidumping and Countervailing Duty                   Protection (CBP) to confirm the claims
                                               DC 20230; telephone: (202) 482–6312.
                                                                                                       Centralized Electronic Service System                 of no shipments by Lamina y Placa,
                                               SUPPLEMENTARY INFORMATION:                                                                                    Pytco, Regiopytsa, Villacero, and
                                                                                                       (ACCESS). ACCESS is available to
                                               Background                                              registered users at https://                          Tuberia. We received no response to our
                                                                                                       access.trade.gov and available to all                 inquiry from CBP. Therefore, based on
                                                 On January 13, 2017, the Department                                                                         the claims of no shipments by Lamina
                                               published a notice of initiation of an                  parties in the Central Records Unit,
                                                                                                       Room 7046 of the main Department of                   y Placa, Pytco, Regiopytsa, Villacero,
                                               administrative review of the                                                                                  and Tuberia, and because the record
                                               antidumping duty order 1 on certain                     Commerce building. In addition, a
                                                                                                       complete version of the Preliminary                   currently contains no information to the
                                               circular welded non-alloy steel pipe                                                                          contrary, we preliminarily determine
                                               from Mexico.2 The Initiation Notice                     Decision Memorandum can be accessed
                                                                                                       directly on the internet at http://                   that Lamina y Placa, Regiopytsa, Pytco,
                                               covered the following producers/                                                                              Villacero, and Tuberia had no
                                               exporters of the subject merchandise: (1)               enforcement.trade.gov/frn. The signed
                                                                                                       Preliminary Decision Memorandum and                   shipments of subject merchandise and,
                                               Abastecedora y Perfiles y Tubos, S.A. de                                                                      therefore, no reviewable transactions
                                               C.V. (Abastecedora); (2) Conduit, S.A.                  electronic versions of the Preliminary
                                                                                                       Decision Memorandum are identical in                  during the POR. Moreover, consistent
                                               de C.V. (Conduit); (3) Lamina y Placa                                                                         with our practice, we are not
                                               Comercial, S.A. de C.V. (Lamina y                       content.
                                                                                                                                                             preliminarily rescinding the review
                                               Placa); (4) Regiomontana de Perfiles y                  Partial Rescission of Administrative
                                               Tubos S.A. de C.V. (Regiopytsa); (5)                    Review                                                  6 See  Initiation Notice.
                                               Maquilacero S.A. de C.V. (Maquilacero);                                                                         7 See  Letter from Petitioner, ‘‘Certain Circular
                                                                                                         Pursuant to 19 CFR 351.213(d)(1), the
                                               (6) Mueller Comercial de Mexico, S. de                                                                        Welded Non-Alloy Steel Pipe from Mexico: Partial
                                                                                                       Department will rescind an                            Withdrawal of Request for Administrative Review,’’
                                               R.L. de C.V. (Mueller); (7) Productos
                                                                                                       administrative review, in whole or in                 dated April 13, 2017 (Petitioner Withdrawal
                                               Laminados de Monterrey S.A. de C.V.                                                                           Request).
                                                                                                       part, if a party that requested the review
                                               (Prolamsa); (8) Pytco, S.A. de C.V.                                                                              8 See the Preliminary Decision Memorandum at
                                                                                                       withdraws the request within 90 days of
                                               (Pytco); (9) Ternium Mexico, S.A. de                                                                          the section entitled, ‘‘Partial Rescission.’’
                                               C.V. (Ternium); (10) Villacero; and (11)                  3 Id.
                                                                                                                                                                9 See Letter from Maquilacero, ‘‘Certain Circular

                                               Tuberia Nacional, S.A. de C.V.                                                                                Welded Non-Alloy Steel Pipe and Tube from
                                                                                                         4 See Memorandum, ‘‘Certain Circular Welded
                                                                                                                                                             Mexico; Withdrawal of Request for Review for
                                                                                                       Non-Alloy Steel Pipe from Mexico: Extension of        Maquilacero S.A. de C.V.,’’ dated April 12, 2017
                                                 1 See Notice of Antidumping Duty Orders: Certain      Time Limit for Preliminary Results of Antidumping     (Maquilacero Withdrawal Request).
daltland on DSKBBV9HB2PROD with NOTICES




                                               Circular Welded Non-Alloy Steel Pipe from Brazil,       Duty Administrative Review,’’ dated July 10, 2017,       10 See Letter from Lamina y Placa, ‘‘Certain
                                               the Republic of Korea (Korea), Mexico, and              and Memorandum, ‘‘Certain Circular Welded Non-        Circular Welded Non-Alloy Steel Pipe from Mexico:
                                               Venezuela and Amendment to Final Determination          Alloy Steel Pipe from Mexico: Extension of Time       Notice of No Sales,’’ dated January 25, 2017; Letter
                                               of Sales at Less Than Fair Value: Certain Welded        Limit for Preliminary Results of Antidumping Duty     from Villacero, ‘‘Circular Welded Non-Alloy Steel
                                               Non-Alloy Steel Pipe from Korea, 57 FR 49453            Administrative Review,’’ dated November 6, 2017.      Pipe and Tube from Mexico: Notice of No Sales,’’
                                               (November 2, 1992) (the Order).                           5 See Memorandum ‘‘Certain Circular Welded          dated February 3, 2017; Letter from Regiopytsa,
                                                 2 See Initiation of Antidumping and                   Non-Alloy Steel Pipe from Mexico: Preliminary         ‘‘Circular Welded Non-Alloy Steel Pipe from
                                               Countervailing Duty Administrative Reviews, 82 FR       Decision Memorandum’’ (Preliminary Decision           Mexico: No Shipment Notification,’’ dated February
                                               4294 (January 13, 2017) (Initiation Notice).            Memorandum).                                          13, 2017.



                                          VerDate Sep<11>2014   18:07 Dec 05, 2017   Jkt 244001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\06DEN1.SGM    06DEN1


                                               57580                    Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices

                                               with respect to Lamina y Placa, Pytco,                  zero or de minimis margins, and any                   destined for the United States, we will
                                               Regiopytsa, Villacero, and Tuberia but,                 margins determined entirely {on the                   instruct CBP to liquidate un-reviewed
                                               rather, we will complete the review                     basis of facts available}.’’ In this                  entries at the all-others rate if there is no
                                               with respect to these companies and                     proceeding, we calculated a margin for                rate for the intermediate company
                                               issue appropriate instructions to CBP                   Prolamsa that was not zero, de minimis,               involved in the transaction.15
                                               based on the final results of this                      or based on facts available. Accordingly,                We intend to issue instructions to
                                               review.11                                               we have preliminarily applied the                     CBP 15 days after publication of the
                                                                                                       margin calculated for Prolamsa to the                 final results of this review.
                                               Methodology                                             non-individually examined                             Cash Deposit Requirements
                                                  The Department is conducting this                    respondents.
                                               review in accordance with section                                                                                The following deposit requirements
                                                                                                         Assessment Rates                                    will be effective upon publication of the
                                               751(a)(2) of the Act. Constructed export
                                               price (CEP) is calculated in accordance                      With respect to Muller, the                      notice of final results of administrative
                                               with section 772(c) of the Act. Normal                    Department will direct CBP to assess                review for all shipments of certain
                                               value (NV) is calculated in accordance                    antidumping duties at the cash deposit              circular welded non-alloy steel pipe
                                               with section 773 of the Act. For a full                   rate in effect on the date of entry for             from Mexico entered, or withdrawn
                                               description of the methodology                            entries during the period November 1,               from warehouse, for consumption on or
                                               underlying our conclusions, see the                       2015, through October 31, 2016. We                  after the date of publication as provided
                                               Preliminary Decision Memorandum. A                        intend to issue liquidation instructions            by section 751(a)(2) of the Act: (1) The
                                               list of topics discussed in the                           to CBP 15 days after publication of this            cash deposit rates for Abastecedora,
                                               Preliminary Decision Memorandum is                        notice.                                             Conduit, Maquilacero, Prolamsa, and
                                               included as an Appendix to this notice.                      Consistent with the Department’s                 Ternium will be the weighted-average
                                                                                                         assessment practice, if we continue to              dumping margins established in the
                                               Preliminary Results of the Review                         find in the final results that Lamina y             final results of this administrative
                                                   As a result of this review, we                        Placa, Pytco, Regiopyta, Villacero, and             review except if the rates are de minimis
                                               preliminarily determine the following                     Tuberia had no shipments of subject                 within the meaning of 19 CFR
                                               weighted-average dumping margins for                      merchandise during the POR, we will                 351.106(c)(1), in which case the cash
                                               the POR:                                                  instruct CBP to liquidate any suspended             deposit rates will be zero; (2) for
                                                                                                         entries at the all-others rate if there is no       merchandise exported by manufacturers
                                                                                              Weighted- rate for the intermediate companies                  or exporters not covered in this review
                                                                                               average   involved in the transaction.13                      but covered in a prior segment of the
                                                       Exporter or producer                   dumping       With respect to the non-selected                 proceeding, the cash deposit rate will
                                                                                                margin   companies that remain under review
                                                                                              (percent)                                                      continue to be the company-specific rate
                                                                                                         and for which we do not make a final                published for the most recently
                                               Abastecedora y Perfiles y                                 determination of no shipments, upon                 completed segment of this proceeding in
                                                  Tubos, S.A. de C.V .................             73.70 completion of the administrative                    which the manufacturer or exporter
                                               Conduit, S.A. de C.V ..................             73.70 review, the Department shall determine,             participated; (3) if the exporter is not a
                                               Maquilacero, S.A. de C.V ...........                73.70 and CBP shall assess, antidumping                   firm covered in this review, a prior
                                               Productos Laminados de                                    duties on all appropriate entries.14 For            review, or the original less-than-fair-
                                                  Monterrey, S.A. de C.V./                               any individually examined respondent                value investigation but the manufacturer
                                                  Aceros Cuatro Caminos S.A.                             whose weighted-average dumping
                                                  de C.V.12 .................................      73.70
                                                                                                                                                             is, the cash deposit rate will be the rate
                                                                                                         margin is above de minimis (i.e., 0.50              established for the most recently
                                               Ternium Mexico, S.A. de C.V .....                   73.70
                                                                                                         percent), we will calculate importer-               completed segment of the proceeding
                                                   For the rate for non-selected                         specific ad valorem duty assessment                 for the manufacturer of the
                                                                                                         rates based on the ratio of the total               merchandise; (4) the cash deposit rate
                                               respondents in an administrative
                                                                                                         amount of dumping calculated for the                for all other manufacturers or exporters
                                               review, generally, the Department looks
                                                                                                         importer’s examined sales to the total              will continue to be 32.62 percent ad
                                               to section 735(c)(5) of the Act, which
                                                                                                         entered value of those same sales in                valorem, the all-others rate established
                                               provides instructions for calculating the
                                                                                                         accordance with 19 CFR 351.212(b)(1).               in the original less-than-fair-value
                                               all-others rate in a market economy
                                                                                                         Where either a respondent’s weighted-               investigation.16 These cash deposit
                                               investigation. Under section
                                                                                                         average dumping margin is zero or de                requirements, when imposed, shall
                                               735(c)(5)(A) of the Act, the all-others
                                                                                                         minimis, or an importer-specific                    remain in effect until further notice.
                                               rate is normally ‘‘an amount equal to the
                                                                                                         assessment rate is zero or de minimis,
                                               weighted- average of the estimated                                                                            Disclosure and Public Comment
                                                                                                         we will instruct CBP to liquidate the
                                               weighted-average dumping margins                          appropriate entries without regard to                 The Department intends to disclose to
                                               established for exporters and producers                   antidumping duties. For entries of                  interested parties the calculations
                                               individually investigated, excluding any subject merchandise during the POR
                                                                                                                                                             performed in connection with these
                                                  11 See, e.g., Certain Frozen Warmwater Shrimp
                                                                                                         produced by each respondent for which               preliminary results within five days of
                                               from Thailand; Preliminary Results of Antidumping it did not know its merchandise was                         the date of publication of this notice.17
                                               Duty Administrative Review, Partial Rescission of                                                             Pursuant to 19 CFR 351.309(c),
                                               Review, Preliminary Determination of No                   13 For a full discussion of this practice, see
                                                                                                                                                             interested parties may submit cases
                                               Shipments; 2012–2013, 79 FR 15951, 15952 (March         Antidumping and Countervailing Duty Proceedings:
                                                                                                                                                             briefs no later than 30 days after the
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                                               24, 2014), unchanged in Certain Frozen Warmwater        Assessment of Antidumping Duties, 68 FR 23954
                                               Shrimp from Thailand: Final Results of                  (May 6, 2003).
                                                                                                                                                                15 See Antidumping and Countervailing Duty
                                               Antidumping Duty Administrative Review, Final             14 In these preliminary results, the Department
                                               Determination of No Shipments, and Partial              applied the assessment rate calculation method        Proceedings: Assessment of Antidumping Duties, 68
                                               Rescission of Review; 2012–2013, 79 FR at 51306         adopted in Antidumping Proceedings: Calculation       FR 23954 (May 6, 2003).
                                               (August 28, 2014).                                      of the Weighted-Average Dumping Margin and               16 See Final Determination of Sales at Less Than
                                                 12 The Department has preliminarily treated these     Assessment Rate in Certain Antidumping Duty           Fair Value: Circular Welded Non-Alloy Steel Pipe
                                               companies as a single entity. See Preliminary           Proceedings; Final Modification, 77 FR 8101           from Mexico, 57 FR 42953 (September 17, 1992).
                                               Decision Memorandum.                                    (February 14, 2012).                                     17 See 19 CFR 351.224(b).




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                                                                         Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices                                                    57581

                                               date of publication of this notice.                       Dated: November 30, 2017.                           U.S. Department of Commerce, 1401
                                               Rebuttal briefs, limited to issues raised               Gary Taverman,                                        Constitution Avenue NW., Washington,
                                               in the case briefs, may be filed no later               Deputy Assistant Secretary for Antidumping            DC 20230; telephone: (202) 482–3692.
                                               than five days after the date for filing                and Countervailing Duty Operations,
                                                                                                       performing the non-exclusive functions and
                                                                                                                                                             Background
                                               case briefs.18 Parties who submit case
                                               briefs or rebuttal briefs in this                       duties of the Assistant Secretary of                    On January 13, 2017, the Department
                                               proceeding are encouraged to submit                     Enforcement and Compliance.                           published a notice of initiation of an
                                               with each argument: (1) A statement of                  Appendix                                              administrative review of the
                                               the issue; (2) a brief summary of the                                                                         antidumping order on rebar from
                                               argument; and (3) a table of                            List of Topics Discussed in the Preliminary           Mexico.1 The Department initiated this
                                                                                                       Decision Memorandum                                   administrative review covering 13
                                               authorities.19 Case and rebuttal briefs
                                               should be filed using ACCESS.20                         Summary                                               companies.2 On July 11, 2017, the
                                                                                                       Background                                            Department issued a memorandum
                                                  Pursuant to 19 CFR 351.310(c),                       Scope of the Order
                                               interested parties who wish to request a                                                                      extending the time period for issuing
                                                                                                       Partial Rescission of Administrative Review           the preliminary results of the instant
                                               hearing must submit a written request to                Preliminary Determination of No Shipments             administrative review from August 2,
                                               the Assistant Secretary for Enforcement                 Non-Selected Respondents
                                                                                                                                                             2017 to October 2, 2017.3 On September
                                               and Compliance, filed electronically via                Methodology
                                                                                                         Use of Facts Otherwise Available                    25, 2017, the Department fully extended
                                               ACCESS. An electronically filed
                                                                                                         Fair Value Comparisons                              the deadline to November 30, 2017.4
                                               document must be received successfully
                                               in its entirety by the Department’s                       Product Comparisons                                 Scope of the Order
                                                                                                         Date of Sale
                                               electronic records system, ACCESS, by                                                                           Imports covered by the order are
                                                                                                         Level of Trade
                                               5:00 p.m. Eastern Time within 30 days                     Constructed Export Price                            shipments of steel concrete reinforcing
                                               after the date of publication of this                     Normal Value                                        bar imported in either straight length or
                                               notice.21 Requests should contain: (1)                    Cost of Production                                  coil form (rebar) regardless of
                                               The party’s name, address, and                            Calculation of Normal Value Based on                metallurgy, length, diameter, or grade.
                                               telephone number; (2) the number of                          Comparison Market Prices                         The merchandise subject to review is
                                               participants; and (3) a list of issues to be              Currency Conversion                                 currently classifiable under items
                                               discussed. Issues raised in the hearing                 Recommendation
                                                                                                                                                             7213.10.0000, 7214.20.0000, and
                                               will be limited to those raised in the                  [FR Doc. 2017–26300 Filed 12–5–17; 8:45 am]           7228.30.8010. The subject merchandise
                                               respective case briefs. If a request for a              BILLING CODE 3510–DS–P                                may also enter under other Harmonized
                                               hearing is made, parties will be notified                                                                     Tariff Schedule of the United States
                                               of the date and time of the hearing to be                                                                     (HTSUS) numbers including
                                               held at the U.S. Department of                          DEPARTMENT OF COMMERCE                                7215.90.1000, 7215.90.5000,
                                               Commerce, 1401 Constitution Avenue                                                                            7221.00.0017, 7221.00.0018,
                                               NW., Washington, DC 20230.                              International Trade Administration
                                                                                                                                                             7221.00.0030, 7221.00.0045,
                                                  Unless the deadline is extended                      [A–201–844]                                           7222.11.0001, 7222.11.0057,
                                               pursuant to section 751(a)(3)(A) of the                                                                       7222.11.0059, 7222.30.0001,
                                               Act and 19 CFR 351.213(h)(2), the                       Steel Concrete Reinforcing Bar From                   7227.20.0080, 7227.90.6085,
                                               Department intends to issue the final                   Mexico: Preliminary Results of                        7228.20.1000, and 7228.60.6000.
                                               results of this administrative review,                  Antidumping Duty Administrative                       Although the HTSUS subheadings are
                                               including the results of its analysis of                Review and Preliminary Determination                  provided for convenience and customs
                                               the issues raised in all written case                   of No Shipments; 2015–2016                            purposes, the written description of the
                                               briefs, within 120 days after the                       AGENCY:   Enforcement and Compliance,                 merchandise subject to the order is
                                               issuance of these preliminary results.                  International Trade Administration,                   dispositive.5
                                               Notification to Importers                               Department of Commerce.                                 1 See Initiation of Antidumping and
                                                                                                       SUMMARY: In response to requests from                 Countervailing Duty Administrative Reviews, 82 FR
                                                 This notice also serves as a
                                               preliminary reminder to importers of                    interested parties, the Department of                 294 (January 13, 2017).

                                               their responsibility under 19 CFR                       Commerce (the Department) is                            2 We initiated a review of the following 13

                                                                                                       conducting an administrative review of                companies: Deacero S.A.P.I. de C.V.; Grupo Acerero
                                               351.402(f)(2) to file a certificate                                                                           S.A. de C.V.; Grupo Simec Orge S.A. de C.V.;
                                               regarding the reimbursement of                          the antidumping duty order on steel                   Industrias CH; Ternium Mexico, S.A. de C.V.;
                                               antidumping duties prior to liquidation                 concrete reinforcing bar (rebar) from                 ArcelorMittal Lazaro Cardenas S.A. de C.V.; Cia
                                               of the relevant entries during this                     Mexico, covering the period November                  Siderurgica De California S.A. de C.V.; Siderurgica
                                                                                                       1, 2015, through October 31, 2016. The                Tultitlan S.A. de C.V.; Talleres y Aceros, S.A. de
                                               review period. Failure to comply with                                                                         C.V.; Grupo Villacero S.A. de C.V.; AceroMex S.A.;
                                               this requirement could result in the                    review covers one mandatory                           ArcelorMittal Celaya, S.A. de C.V.; and
                                               Department’s presumption that                           respondent, Deacero S.A.P.I de C.V.                   ArcelorMittal Cordoba S.A. de C.V.
                                               reimbursement of antidumping duties                     (Deacero), and 12 non-selected                          3 See Memorandum, titled ‘‘Steel Concrete

                                                                                                       companies. We preliminarily determine                 Reinforcing Bar from Mexico: Extension of Deadline
                                               occurred and the subsequent assessment                                                                        for Preliminary Results of Antidumping Duty
                                               of double antidumping duties.                           that Deacero did not make sales of                    Administrative Review, 2015–2016,’’ dated July 11,
                                                                                                       subject merchandise at less than normal               2017.
                                                 We are issuing and publishing these                   value during the period of review (POR).                4 See Memorandum, titled ‘‘Steel Concrete
                                               results in accordance with sections
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                                                                                                       Interested parties are invited to                     Reinforcing Bar from Mexico: Extension of Deadline
                                               751(a)(1) and 777(i)(1) of the Act and 19               comment on these preliminary results.                 for Preliminary Results of Antidumping Duty
                                               CFR 351.213(h)(1).                                                                                            Administrative Review, 2015–2016,’’ dated
                                                                                                       DATES: Applicable December 6, 2017.                   September 25, 2017.
                                                                                                                                                               5 For a full description of the scope of the order,
                                                 18 See 19 CFR 351.309(d).                             FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             see the ‘‘Decision Memorandum for the Preliminary
                                                 19 See 19 CFR 351.309(c)(2) and (d)(2).               Stephanie Moore, AD/CVD Operations,                   Results of Antidumping Duty Administrative
                                                 20 See 19 CFR 351.303.                                Office III, Enforcement and Compliance,               Review: Steel Concrete Reinforcing Bar from
                                                 21 See 19 CFR 351.310(c).                             International Trade Administration,                                                              Continued




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Document Created: 2017-12-06 00:21:50
Document Modified: 2017-12-06 00:21:50
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
DatesApplicable December 6, 2017.
ContactMark Flessner, 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) 482-6312.
FR Citation82 FR 57579 

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