83_FR_23986 83 FR 23886 - Certain Circular Welded Non-Alloy Steel Pipe From Mexico; Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016

83 FR 23886 - Certain Circular Welded Non-Alloy Steel Pipe From Mexico; Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 100 (May 23, 2018)

Page Range23886-23888
FR Document2018-11031

The Department of Commerce (Commerce) determines that Productos Laminados de Monterrey S.A. de C.V. (Prolamsa) and Maquilacero, S.A. de C.V. (Maquilacero), producers/exporters of certain circular welded non-alloy steel pipe from Mexico, sold subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) November 1, 2015, through October 31, 2016.

Federal Register, Volume 83 Issue 100 (Wednesday, May 23, 2018) 
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23886-23888]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11031]



[[Page 23886]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-805]


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

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

SUMMARY: The Department of Commerce (Commerce) determines that 
Productos Laminados de Monterrey S.A. de C.V. (Prolamsa) and 
Maquilacero, S.A. de C.V. (Maquilacero), producers/exporters of certain 
circular welded non-alloy steel pipe from Mexico, sold subject 
merchandise in the United States at prices below normal value (NV) 
during the period of review (POR) November 1, 2015, through October 31, 
2016.

DATES: Effective May 23, 2018.

FOR FURTHER INFORMATION CONTACT: Mark Flessner or Erin Kearney, 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 or (202) 482-0167, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 6, 2017, Commerce published in the Federal Register the 
Preliminary Results of this administrative review.\1\ In accordance 
with 19 CFR 351.309(c)(1)(ii), Commerce invited interested parties to 
comment on the Preliminary Results. On March 23, 2018, Maquilacero and 
Prolamsa each submitted case briefs.\2\ On March 28, 2018, Wheatland 
Tube Company (the petitioner) submitted a rebuttal brief.\3\
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    \1\ See 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 (December 6, 2017) 
(Preliminary Results).
    \2\ See Maquilacero Letter re: Certain Circular Welded Non-Alloy 
Steel Pipe and Tube from Mexico; Maquilacero S.A. de C.V.'s Case 
Brief, dated March 23, 2018 (Maquilacero's Case Brief); see also 
Prolamsa letter re: Circular Welded Non-Alloy Steel Pipe from 
Mexico: Case Brief, dated March 23, 2018 (Prolamsa's Case Brief).
    \3\ See Petitioner Letter re: Certain Circular Welded Non-Alloy 
Steel Pipe from Mexico: Wheatland Rebuttal Brief, dated March 28, 
2018 (Petitioner's Rebuttal Brief).
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    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through 22, 
2018.\4\ As a result, the revised deadline for the final results of 
this review was April 9, 2018. On March 8, 2018, Commerce extended the 
time limit for the final results, until May 18, 2018.\5\
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    \4\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding have been extended by three days.
    \5\ See Memorandum, ``Certain Circular Welded Non-Alloy Steel 
Pipe from Mexico: Extension of Time Limit for Final Results of 
Antidumping Duty Administrative Review,'' dated March 8, 2018.
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    These final results cover ten companies. Based on an analysis of 
the comments received, we have made changes to the weighted-average 
dumping margins determined for the respondents. The weighted-average 
dumping margins are listed in the ``Final Results of Review'' section, 
below.
    This administrative review was conducted in accordance with section 
751 of the Tariff Act of 1930, as amended (the Act).

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 
Issues and Decision Memorandum,\6\ which is hereby adopted by this 
notice and incorporated herein by reference. The Issues and 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 B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
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    \6\ See Memorandum, ``Issues and Decisions Memorandum for the 
Final Results of the Antidumping Duty Administrative Review: Certain 
Circular Welded Non-Alloy Steel Pipe from Mexico; 2015-2016,'' dated 
concurrently with this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this proceeding are addressed in the Issues and Decision Memorandum. A 
list of the issues that parties raised, and to which we responded, is 
attached to this notice as an appendix.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, and for the reasons 
explained in the Issues and Decision Memorandum, we made certain 
changes to Prolamsa's margin calculation. Additionally, we made certain 
changes to the assessment rates for both mandatory respondents. These 
changes are fully discussed in the Issues and Decision Memorandum.

Application of Adverse Facts Available

    For these final results, we continue to find that Maquilacero 
withheld necessary information and significantly impeded the proceeding 
and, thus, failed to cooperate to the best of its ability in responding 
to our requests for information. Therefore, we find that the 
application of adverse facts available, pursuant to section 776(a)-(b) 
of the Act, is warranted with respect to Maquilacero. For a full 
description of the methodology and rationale underlying our 
conclusions, see Issues and Decision Memorandum.

Final Determination of No Shipments

    Lamina y Placa Comercial, S.A. de C.V. (Lamina y Placa), Pytco, 
S.A. de C.V. (Pytco), Regiomontana de Perfiles y Tubos S.A. de C.V. 
(Regiopytsa), Tuberia Nacional, S.A. de C.V. (TUNA), and Villacero 
reported that they made no sales of subject merchandise during the 
POR.\7\ 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 TUNA 
during the POR.\8\ We received no information from CBP that 
contradicted Lamina y Placa, Pytco, Regiopytsa, Villacero, and TUNA's 
claims of no shipments, and we received no comments from interested

[[Page 23887]]

parties with respect to Commerce's preliminary determination of no 
shipments for Lamina y Placa, Pytco, Regiopytsa, Villacero, and TUNA. 
Therefore, based on the claims of no shipments by Lamina y Placa, 
Pytco, Regiopytsa, Villacero, and TUNA, and because the record contains 
no information to the contrary, we continue to determine for these 
final results that Lamina y Placa, Pytco, Regiopytsa, Villacero, and 
TUNA made no shipments of subject merchandise during the POR.
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    \7\ See Lamina y Placa Letter re: Certain Circular Welded Non-
Alloy Steel Pipe from Mexico: Notice of No Sales, dated January 25, 
2017 (which includes TUNA); see also Villacero Letter re: Circular 
Welded Non-Alloy Steel Pipe and Tube from Mexico: Notice of No 
Sales, dated February 3, 2017; see also Regiopytsa Letter re: 
Circular Welded Non-Alloy Steel Pipe from Mexico: No Shipment 
Notification, dated February 13, 2017 (which includes Pytco).
    \8\ See Preliminary Results.
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Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in a market economy investigation, for 
guidance when calculating the rate for companies which were not 
selected for individual review in an administrative review. 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} .''
    However, section 735(c)(5)(B) of the Act provides that, where all 
margins are zero, de minimis, or based on total facts available, 
Commerce may use ``any reasonable method'' for assigning a margin to 
non-selected respondents. One method contemplated by section 
735(c)(5)(B) of the Act is ``averaging the estimated weighted average 
dumping margins determined for the exporters and producers individually 
investigated.'' For these final results, we calculated a weighted-
average dumping margin of zero percent for Prolamsa, and we determined 
Maquilacero's margin entirely on the basis of facts available (i.e., 
48.33 percent). Because we have no calculated rates that are not based 
entirely on facts available, zero, or de minimis, we have determined 
that a reasonable method for assigning a margin to non-selected 
respondents in this review is to average the weighted-average dumping 
margins calculated for the two mandatory respondents. The simple 
average of these rates is 24.17 percent, and this is the rate we assign 
to Abastecedora y Perfiles y Tubos, S.A. de C.V. (Abastecedora), 
Conduit, S.A. de C.V. (Conduit), and Ternium Mexico, S.A. de C.V. 
(Ternium).\9\
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    \9\ See, e.g., Certain Lined Paper Products from India: Final 
Results of Antidumping Duty Administrative Review; 2010-2011, 78 FR 
22232 (April 15, 2013), and the accompanying Issues and Decision 
Memorandum at 12-15.
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Final Results of Review

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Maquilacero, S.A. de C.V....................................       48.33
Productos Laminados de Monterrey S.A. de C.V................        0.00
Abastecedora y Perfiles y Tubos, S.A. de C.V................       24.17
Conduit, S.A. de C.V........................................       24.17
Ternium Mexico, S.A. de C.V.................................       24.17
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results of review within five days of the date of publication of 
this notice in the Federal Register, in accordance with 19 CFR 
351.224(b).

Assessment

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b), 
Commerce has determined, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. Commerce intends to issue assessment 
instructions to CBP 41 days after the date of publication of these 
final results of review.
    Commerce shall determine and U.S. Customs and Border Protection 
(CBP) shall assess antidumping duties on all appropriate entries. 
Because the weighted-average dumping margin of Prolamsa is zero, we 
will instruct CBP to liquidate entries covered by this review period 
without regard to antidumping duties. Commerce will instruct CBP to 
apply an ad valorem assessment rate of 48.33 percent to all entries of 
subject merchandise during the POR which were produced and/or exported 
by Maquilacero. Commerce will instruct CBP to apply an ad valorem 
assessment rate of 24.17 percent to all entries of subject merchandise 
during the POR which were produced and/or exported by Abastecedora, 
Conduit, or Ternium. Additionally, because Commerce determined that 
Lamina y Placa, Pytco, Regiopytsa, Villacero, and TUNA had no shipments 
of the subject merchandise, any suspended entries that entered under 
those companies' case numbers (i.e., at those companies' rates) will be 
liquidated at the all-others rate effective during the period of review 
consistent with Commerce's practice.\10\ We intend to issue assessment 
instructions directly to CBP 41 days after publication of the final 
results of this review.
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    \10\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 751(a)(2) 
of the Act: (1) The cash deposit rates for the companies listed in 
these final results will be equal to the weighted-average dumping 
margins established in the final results of this administrative review; 
(2) for merchandise exported by producers or exporters not covered in 
this administrative review but covered in a prior segment of this 
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment in 
which the company was reviewed; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original less-than-fair-
value (LTFV) investigation, but the producer is, the cash deposit rate 
will be the rate established for the most recent period for the 
producer of the merchandise; and (4) the cash deposit rate for all 
other producers or exporters will continue to be 32.62 percent, the 
all-others rate established in the LTFV investigation.\11\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \11\ 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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Notification to Importers

    This notice serves as a final 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 Commerce's presumption that 
reimbursement of antidumping duties

[[Page 23888]]

occurred and the subsequent assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: May 17, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decisions Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Use of Prolamsa's Revised Databases
    Comment 2: Revision of POR in Prolamsa's Margin Program
    Comment 3: Proper CONNUMs to Use in Prolamsa's Margin Program
    Comment 4: Prolamsa's Warehousing Expenses
    Comment 5: AFA Rate for Maquilacero
    Comment 6: Maquilacero Liquidation Instructions
V. Recommendation

[FR Doc. 2018-11031 Filed 5-22-18; 8:45 am]
 BILLING CODE 3510-DS-P

23886 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices DEPARTMENT OF COMMERCE 20 through 22, 2018.4 As a result, the Issues and Decision Memorandum are revised deadline for the final results of identical in content. International Trade Administration this review was April 9, 2018. On March Analysis of Comments Received [A–201–805] 8, 2018, Commerce extended the time limit for the final results, until May 18, All issues raised in the case and Certain Circular Welded Non-Alloy 2018.5 rebuttal briefs by parties to this Steel Pipe From Mexico; Final Results These final results cover ten proceeding are addressed in the Issues of Antidumping Duty Administrative companies. Based on an analysis of the and Decision Memorandum. A list of Review and Final Determination of No comments received, we have made the issues that parties raised, and to Shipments; 2015–2016 changes to the weighted-average which we responded, is attached to this dumping margins determined for the notice as an appendix. AGENCY: Enforcement and Compliance, respondents. The weighted-average Changes Since the Preliminary Results International Trade Administration, dumping margins are listed in the Department of Commerce. ‘‘Final Results of Review’’ section, Based on our analysis of the SUMMARY: The Department of Commerce below. comments received, and for the reasons (Commerce) determines that Productos This administrative review was explained in the Issues and Decision Laminados de Monterrey S.A. de C.V. conducted in accordance with section Memorandum, we made certain changes (Prolamsa) and Maquilacero, S.A. de 751 of the Tariff Act of 1930, as to Prolamsa’s margin calculation. C.V. (Maquilacero), producers/exporters amended (the Act). Additionally, we made certain changes of certain circular welded non-alloy to the assessment rates for both Scope of the Order mandatory respondents. These changes steel pipe from Mexico, sold subject merchandise in the United States at The products covered by the order are are fully discussed in the Issues and prices below normal value (NV) during circular welded non-alloy steel pipes Decision Memorandum. the period of review (POR) November 1, and tubes. The merchandise covered by Application of Adverse Facts Available 2015, through October 31, 2016. the order and subject to this review is currently classified in the Harmonized For these final results, we continue to DATES: Effective May 23, 2018. Tariff Schedule of the United States find that Maquilacero withheld FOR FURTHER INFORMATION CONTACT: necessary information and significantly Mark Flessner or Erin Kearney, AD/CVD (HTSUS) at subheadings: 7306.30.1000, 7306.30.5025, 7306.30.5032, impeded the proceeding and, thus, Operations, Office VI, Enforcement and failed to cooperate to the best of its Compliance, International Trade 7306.30.5040, 7306.30.5055, 7306.30.5085, and 7306.30.5090. ability in responding to our requests for Administration, U.S. Department of information. Therefore, we find that the Commerce, 1401 Constitution Avenue Although the HTSUS subheadings are provided for convenience and customs application of adverse facts available, NW, Washington, DC 20230; telephone: pursuant to section 776(a)–(b) of the (202) 482–6312 or (202) 482–0167, purposes, our written description of the scope of this proceeding is dispositive. Act, is warranted with respect to respectively. Maquilacero. For a full description of A full description of the scope of the SUPPLEMENTARY INFORMATION: order is contained in the Issues and the methodology and rationale Decision Memorandum,6 which is underlying our conclusions, see Issues Background and Decision Memorandum. hereby adopted by this notice and On December 6, 2017, Commerce incorporated herein by reference. The Final Determination of No Shipments published in the Federal Register the Issues and Decision Memorandum is a Preliminary Results of this Lamina y Placa Comercial, S.A. de public document and is on file administrative review.1 In accordance C.V. (Lamina y Placa), Pytco, S.A. de electronically via Enforcement and with 19 CFR 351.309(c)(1)(ii), C.V. (Pytco), Regiomontana de Perfiles y Compliance’s Antidumping and Commerce invited interested parties to Tubos S.A. de C.V. (Regiopytsa), Countervailing Duty Centralized comment on the Preliminary Results. On Tuberia Nacional, S.A. de C.V. (TUNA), Electronic Service System (ACCESS). March 23, 2018, Maquilacero and and Villacero reported that they made ACCESS is available to registered users Prolamsa each submitted case briefs.2 no sales of subject merchandise during at https://access.trade.gov and available On March 28, 2018, Wheatland Tube the POR.7 On April 28, 2017, we issued to all parties in the Central Records Company (the petitioner) submitted a a no-shipment inquiry to U.S. Customs Unit, Room B8024 of the main rebuttal brief.3 and Border Protection (CBP) to confirm Department of Commerce building. In Commerce exercised its discretion to the claims of no shipments by Lamina addition, a complete version of the toll all deadlines affected by the closure y Placa, Pytco, Regiopytsa, Villacero, Issues and Decision Memorandum can of the Federal Government from January and TUNA during the POR.8 We be accessed directly on the internet at received no information from CBP that http://enforcement.trade.gov/frn. The 1 See Certain Circular Welded Non-Alloy Steel contradicted Lamina y Placa, Pytco, Pipe from Mexico: Preliminary Results of Review, signed and electronic versions of the Regiopytsa, Villacero, and TUNA’s Preliminary Determination of No Shipments, and Partial Rescission of Antidumping Duty 4 See Memorandum, ‘‘Deadlines Affected by the claims of no shipments, and we Administrative Review; 2015–2016, 82 FR 57579 Shutdown of the Federal Government,’’ dated received no comments from interested (December 6, 2017) (Preliminary Results). January 23, 2018. All deadlines in this segment of 2 See Maquilacero Letter re: Certain Circular the proceeding have been extended by three days. 7 See Lamina y Placa Letter re: Certain Circular Welded Non-Alloy Steel Pipe and Tube from 5 See Memorandum, ‘‘Certain Circular Welded Welded Non-Alloy Steel Pipe from Mexico: Notice daltland on DSKBBV9HB2PROD with NOTICES Mexico; Maquilacero S.A. de C.V.’s Case Brief, Non-Alloy Steel Pipe from Mexico: Extension of of No Sales, dated January 25, 2017 (which includes dated March 23, 2018 (Maquilacero’s Case Brief); Time Limit for Final Results of Antidumping Duty TUNA); see also Villacero Letter re: Circular see also Prolamsa letter re: Circular Welded Non- Administrative Review,’’ dated March 8, 2018. Welded Non-Alloy Steel Pipe and Tube from Alloy Steel Pipe from Mexico: Case Brief, dated 6 See Memorandum, ‘‘Issues and Decisions Mexico: Notice of No Sales, dated February 3, 2017; March 23, 2018 (Prolamsa’s Case Brief). Memorandum for the Final Results of the see also Regiopytsa Letter re: Circular Welded Non- 3 See Petitioner Letter re: Certain Circular Welded Antidumping Duty Administrative Review: Certain Alloy Steel Pipe from Mexico: No Shipment Non-Alloy Steel Pipe from Mexico: Wheatland Circular Welded Non-Alloy Steel Pipe from Mexico; Notification, dated February 13, 2017 (which Rebuttal Brief, dated March 28, 2018 (Petitioner’s 2015–2016,’’ dated concurrently with this notice includes Pytco). Rebuttal Brief). (Issues and Decision Memorandum). 8 See Preliminary Results. VerDate Sep<11>2014 17:33 May 22, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1

Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices 23887 parties with respect to Commerce’s C.V. (Conduit), and Ternium Mexico, no shipments of the subject preliminary determination of no S.A. de C.V. (Ternium).9 merchandise, any suspended entries shipments for Lamina y Placa, Pytco, that entered under those companies’ Final Results of Review Regiopytsa, Villacero, and TUNA. case numbers (i.e., at those companies’ Therefore, based on the claims of no As a result of this review, we rates) will be liquidated at the all-others shipments by Lamina y Placa, Pytco, determine the following weighted- rate effective during the period of Regiopytsa, Villacero, and TUNA, and average dumping margins exist for the review consistent with Commerce’s because the record contains no POR: practice.10 We intend to issue information to the contrary, we continue assessment instructions directly to CBP to determine for these final results that Weighted- 41 days after publication of the final average Lamina y Placa, Pytco, Regiopytsa, Exporter or producer dumping results of this review. Villacero, and TUNA made no margin Cash Deposit Requirements shipments of subject merchandise (percent) during the POR. The following cash deposit Maquilacero, S.A. de C.V ........... 48.33 requirements will be effective upon Rate for Non-Examined Companies Productos Laminados de publication of the notice of final results The statute and Commerce’s Monterrey S.A. de C.V ............ 0.00 of administrative review for all Abastecedora y Perfiles y regulations do not address the shipments of subject merchandise Tubos, S.A. de C.V ................. 24.17 establishment of a rate to be applied to Conduit, S.A. de C.V .................. 24.17 entered, or withdrawn from warehouse, companies not selected for examination Ternium Mexico, S.A. de C.V ..... 24.17 for consumption on or after the when Commerce limits its examination publication of the final results of this in an administrative review pursuant to Disclosure administrative review, as provided by section 777A(c)(2) of the Act. Generally, section 751(a)(2) of the Act: (1) The cash Commerce looks to section 735(c)(5) of Commerce intends to disclose the deposit rates for the companies listed in the Act, which provides instructions for calculations performed for these final these final results will be equal to the calculating the all-others rate in a results of review within five days of the weighted-average dumping margins market economy investigation, for date of publication of this notice in the established in the final results of this guidance when calculating the rate for Federal Register, in accordance with 19 administrative review; (2) for companies which were not selected for CFR 351.224(b). merchandise exported by producers or individual review in an administrative Assessment exporters not covered in this review. Under section 735(c)(5)(A) of administrative review but covered in a the Act, the all-others rate is normally Pursuant to section 751(a)(2)(A) of the prior segment of this proceeding, the ‘‘an amount equal to the weighted Act, and 19 CFR 351.212(b), Commerce cash deposit rate will continue to be the average of the estimated weighted has determined, and CBP shall assess, company-specific rate published for the average dumping margins established antidumping duties on all appropriate most recently completed segment in for exporters and producers entries of subject merchandise in which the company was reviewed; (3) if individually investigated, excluding any accordance with the final results of this the exporter is not a firm covered in this zero or de minimis margins, and any review. Commerce intends to issue review, a prior review, or the original margins determined entirely {on the assessment instructions to CBP 41 days less-than-fair-value (LTFV) basis of facts available}.’’ after the date of publication of these investigation, but the producer is, the However, section 735(c)(5)(B) of the final results of review. cash deposit rate will be the rate Act provides that, where all margins are Commerce shall determine and U.S. established for the most recent period zero, de minimis, or based on total facts Customs and Border Protection (CBP) for the producer of the merchandise; available, Commerce may use ‘‘any shall assess antidumping duties on all and (4) the cash deposit rate for all other reasonable method’’ for assigning a appropriate entries. Because the producers or exporters will continue to margin to non-selected respondents. weighted-average dumping margin of be 32.62 percent, the all-others rate One method contemplated by section Prolamsa is zero, we will instruct CBP established in the LTFV investigation.11 735(c)(5)(B) of the Act is ‘‘averaging the to liquidate entries covered by this These cash deposit requirements, when estimated weighted average dumping review period without regard to imposed, shall remain in effect until margins determined for the exporters antidumping duties. Commerce will further notice. and producers individually instruct CBP to apply an ad valorem investigated.’’ For these final results, we assessment rate of 48.33 percent to all Notification to Importers calculated a weighted-average dumping entries of subject merchandise during This notice serves as a final reminder margin of zero percent for Prolamsa, and the POR which were produced and/or to importers of their responsibility we determined Maquilacero’s margin exported by Maquilacero. Commerce under 19 CFR 351.402(f)(2) to file a entirely on the basis of facts available will instruct CBP to apply an ad certificate regarding the reimbursement (i.e., 48.33 percent). Because we have no valorem assessment rate of 24.17 of antidumping duties prior to calculated rates that are not based percent to all entries of subject liquidation of the relevant entries entirely on facts available, zero, or de merchandise during the POR which during this review period. Failure to minimis, we have determined that a were produced and/or exported by comply with this requirement could reasonable method for assigning a Abastecedora, Conduit, or Ternium. result in Commerce’s presumption that margin to non-selected respondents in Additionally, because Commerce reimbursement of antidumping duties daltland on DSKBBV9HB2PROD with NOTICES this review is to average the weighted- determined that Lamina y Placa, Pytco, average dumping margins calculated for Regiopytsa, Villacero, and TUNA had 10 For a full discussion of this clarification, see the two mandatory respondents. The Antidumping and Countervailing Duty Proceedings: simple average of these rates is 24.17 9 See, e.g., Certain Lined Paper Products from Assessment of Antidumping Duties, 68 FR 23954 India: Final Results of Antidumping Duty (May 6, 2003). percent, and this is the rate we assign Administrative Review; 2010–2011, 78 FR 22232 11 See Final Determination of Sales at Less Than to Abastecedora y Perfiles y Tubos, S.A. (April 15, 2013), and the accompanying Issues and Fair Value: Circular Welded Non-Alloy Steel Pipe de C.V. (Abastecedora), Conduit, S.A. de Decision Memorandum at 12–15. from Mexico, 57 FR 42953 (September 17, 1992). VerDate Sep<11>2014 17:33 May 22, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1

23888 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices occurred and the subsequent assessment SUMMARY: The Department of Commerce Decision Memorandum is a public of doubled antidumping duties. (Commerce) preliminarily determines document and is on file electronically that countervailable subsidies are being via Enforcement and Compliance’s Administrative Protective Order provided to producers and exporters of Antidumping (AD) and Countervailing This notice also serves as a reminder sodium gluconate, gluconic acid and Duty (CVD) Centralized Electronic to parties subject to administrative derivative products (GNA products) Service System (ACCESS). ACCESS is protective order (APO) of their from the People’s Republic of China available to registered users at http:// responsibility concerning the return or (China). The period of investigation is access.trade.gov, and is available to all destruction of proprietary information January 1, 2016, through December 31, parties in the Central Records Unit, disclosed under APO in accordance 2016. Interested parties are invited to Room B8024 of the main Department of with 19 CFR 351.305(a)(3), which comment on this preliminary Commerce building. In addition, a continues to govern business determination. complete version of the Preliminary proprietary information in this segment Decision Memorandum can be accessed DATES: Applicable May 23, 2018. of the proceeding. Timely written directly at http://enforcement.trade.gov/ notification of the return/destruction of FOR FURTHER INFORMATION CONTACT: Robert Galantucci or Jonathan Hill, AD/ frn/. The signed and electronic versions APO materials, or conversion to judicial of the Preliminary Decision protective order, is hereby requested. CVD Operations, Office IV, Enforcement and Compliance, International Trade Memorandum are identical in content. Failure to comply with the regulations and the terms of an APO is a Administration, U.S. Department of Scope of the Investigation sanctionable violation. Commerce, 1401 Constitution Avenue We are issuing and publishing this NW, Washington, DC 20230; telephone: The products covered by this notice in accordance with sections 202–482–2923 or 202–482–3518, investigation are sodium gluconate, 751(a)(1) and 777(i)(1) of the Act and 19 respectively. gluconic acid and derivative products CFR 351.213(h). SUPPLEMENTARY INFORMATION: from China. For a complete description of the scope of this investigation, see Dated: May 17, 2018. Background Appendix I. Gary Taverman, This preliminary determination is Scope Comments Deputy Assistant Secretary for Antidumping made in accordance with section 703(b) and Countervailing Duty Operations, of the Tariff Act of 1930, as amended In accordance with the preamble to performing the non-exclusive functions and duties of the Assistant Secretary for (the Act). Commerce published the Commerce’s regulations, we set aside a Enforcement and Compliance. notice of initiation of this investigation period of time in our Initiation Notice on January 4, 2018.1 Commerce for parties to raise issues regarding Appendix exercised its discretion to toll all product coverage, and encouraged all List of Topics Discussed in the Issues and deadlines affected by the closure of the parties to submit comments within 20 Decisions Memorandum Federal Government from January 20 calendar days of the signature date of I. Summary through January 22, 2018.2 On February that notice. We received several II. Background 7, 2018, Commerce published its comments concerning the scope of the III. Scope of the Order postponement of the deadline for the AD and CVD investigations of GNA IV. Discussion of the Issues preliminary determination of the products from China. Comment 1: Use of Prolamsa’s Revised investigation for the full 130 days Databases We are currently evaluating the scope permitted under section 703(c)(1)(A) of comments filed by interested parties. Comment 2: Revision of POR in Prolamsa’s Margin Program the Act and 19 CFR 351.205(b)(2) until We intend to issue our preliminary Comment 3: Proper CONNUMs to Use in May 2, 2018.3 decision regarding the scope of the AD Prolamsa’s Margin Program For a complete description of the and CVD investigations in the Comment 4: Prolamsa’s Warehousing events that followed the initiation of preliminary determination of the Expenses this investigation, see the Preliminary companion AD investigation, which is Comment 5: AFA Rate for Maquilacero Decision Memorandum.4 A list of topics Comment 6: Maquilacero Liquidation due for signature on July 2, 2018. We discussed in the Preliminary Decision will incorporate the scope decisions Instructions Memorandum is included as Appendix V. Recommendation from the AD investigation into the scope II to this notice. The Preliminary of the final CVD determination after [FR Doc. 2018–11031 Filed 5–22–18; 8:45 am] BILLING CODE 3510–DS–P 1 See Sodium Gluconate, Gluconic Acid, and considering any relevant comments Derivative Products From the People’s Republic of submitted in case and rebuttal briefs. China: Initiation of Countervailing Duty Investigation, 83 FR 499 (January 4, 2018) Methodology DEPARTMENT OF COMMERCE (Initiation Notice). 2 See Memorandum, ‘‘Deadlines Affected by the Commerce is conducting this International Trade Administration investigation in accordance with section Shutdown of the Federal Government,’’ dated [C–570–072] January 23, 2018. (Tolling Memorandum). All 701 of the Act. For each of the subsidy deadlines in this segment of the proceeding have programs found countervailable, We been extended by 3 days. preliminarily determine that there is a Sodium Gluconate, Gluconic Acid and 3 See Sodium Gluconate, Gluconic Acid and Derivative Products From the People’s Derivative Products From the People’s Republic of subsidy, i.e., a financial contribution by Republic of China: Preliminary China: Postponement of Preliminary Determination an ‘‘authority’’ that confers a benefit on daltland on DSKBBV9HB2PROD with NOTICES Affirmative Countervailing Duty in the Countervailing Duty Investigation, 83 FR the recipient, and that the subsidy is Determination and Alignment of Final 5401 (February 7, 2018). specific.5 For a full description of the 4 See Memorandum, ‘‘Decision Memorandum for Determination With Final Antidumping methodology underlying our the Preliminary Affirmative Determination: Duty Determination Countervailing Duty Investigation of Sodium Gluconate, Gluconic Acid and Derivative Products 5 See sections 771(5)(B) and (D) of the Act AGENCY: Enforcement and Compliance, from the People’s Republic of China,’’ dated regarding financial contribution; section 771(5)(E) International Trade Administration, concurrently with, and hereby adopted by, this of the Act regarding benefit; and section 771(5A) of Department of Commerce. notice (Preliminary Decision Memorandum). the Act regarding specificity. VerDate Sep<11>2014 17:33 May 22, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\23MYN1.SGM 23MYN1


Document Created: 2018-05-22 23:49:22
Document Modified: 2018-05-22 23:49:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective May 23, 2018.
ContactMark Flessner or Erin Kearney, 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 or (202) 482-0167, respectively.
FR Citation83 FR 23886 
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