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)

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, 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]]

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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\
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    \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).
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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\
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    \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.''
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    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.
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    \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).
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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\
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    \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).
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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:
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    \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\
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    \13\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    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\
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    \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).
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    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.
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    \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).
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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\
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    \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.
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    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.
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    \21\ See 19 CFR 351.310(c).
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    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