83_FR_45384 83 FR 45211 - Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

83 FR 45211 - Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 173 (September 6, 2018)

Page Range45211-45213
FR Document2018-19337

The Department of Commerce (Commerce) preliminarily determines that Maquilacero S.A. de C.V. (Maquilacero) and Regiomontana de Perfiles y Tubos S.A. de C.V. (Regiopytsa) made sales of subject merchandise at less than normal value during the period of review (POR) August 1, 2016, through July 31, 2017. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 83 Issue 173 (Thursday, September 6, 2018)
[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Notices]
[Pages 45211-45213]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19337]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-836]


Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary 
Results of Antidumping Duty Administrative Review; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Maquilacero S.A. de C.V. (Maquilacero) and Regiomontana de 
Perfiles y Tubos S.A. de C.V. (Regiopytsa) made sales of subject 
merchandise at less than normal value during the period of review (POR) 
August 1, 2016, through July 31, 2017. Interested parties are invited 
to comment on these preliminary results.

DATES: Applicable September 6, 2018.

FOR FURTHER INFORMATION CONTACT: Madeline Heeren or Kent Boydston, 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) 482-9179 or (202) 
482-5649, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 16, 2017, we published the notice of initiation for this 
administrative review.\1\ For a complete description of the events that 
followed the initiation of the review, see the Preliminary Decision 
Memorandum.\2\ Commerce exercised its discretion to toll deadlines for 
the duration of the closure of the Federal Government from January 20 
through 22, 2018,\3\ moving the deadline for the preliminary results to 
May 6, 2018.\4\ On April 5, 2018, we extended the time limit for 
completion of the preliminary results of the review to no later than 
August 31, 2018.\5\ A list of topics included in the Preliminary 
Decision Memorandum is included in the Appendix to this notice.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 48051 (October 16, 2017) (Initiation 
Notice).
    \2\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of Antidumping Duty Administrative Review: Light-Walled 
Rectangular Pipe and Tube from Mexico; 2016-2017'', dated 
concurrently with this notice.
    \3\ If the new deadline falls on a non-business day, in 
accordance with Commerce's practice, the deadline will become the 
next business day.
    \4\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days. The new deadline falls on Sunday, May 6, 2018. 
The next business day is Monday, May 7, 2018.
    \5\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube 
form Mexico: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review; 2016/2017,'' dated April 5, 
2018.
---------------------------------------------------------------------------

    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 
to all parties in the Central Records Unit, located in room B8094 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.

Scope of the Order

    The scope of this order covers certain welded carbon-quality light-
walled steel pipe and tube, of rectangular (including square) cross 
section, having a wall thickness of less than 4 mm. The term carbon-
quality steel includes both carbon steel and alloy steel which contains 
only small amounts of alloying elements. Specifically, the term carbon-
quality includes products in which none of the elements listed below 
exceeds the quantity by weight respectively indicated; 1.80 percent of 
manganese, or 2.25 percent of silicon, or 1.00 percent of copper, or 
0.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent 
of cobalt, or 0.40 percent of lead, or 1.25 percent of nickel, or 0.30 
percent of tungsten, or 0.10 percent of molybdenum, or 0.10 percent of 
niobium, or 0.15 percent of vanadium, or 0.15 percent of zirconium.
    The description of carbon-quality is intended to identify carbon-
quality products within the scope. The welded-carbon quality 
rectangular pipe and tube subject to the order is currently classified 
under the Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings 7306.61.50.00 and 7306.61.70.60. This tariff classification 
is provided for convenience and Customs purposes; however, the written 
description of the scope of the order is dispositive.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price was calculated in accordance with section 772 of the Act. 
Normal value was calculated in accordance with section 773 of the Act. 
For a full description of the methodology underlying our conclusions, 
see the Preliminary Decision Memorandum.

Preliminary Results of Review

    We preliminarily determine that, for the period August 1, 2016, 
through July 31, 2017, the following weighted-average dumping margins 
exist:

------------------------------------------------------------------------
                                                             Weighted-
                    Producer/Exporter                     average margin
                                                             (percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V.................................            4.48
Perfiles y Herrajes LM, S.A. de C.V.\6\.................           10.80
Productos Laminados de Monterrey S.A. de C.V............           10.80
Regiomontana de Perfiles y Tubos S.A. de C.V............           16.23
------------------------------------------------------------------------

Disclosure and Public Comment

    We will disclose to parties to the proceeding any calculations 
performed in connection with these preliminary results of review within 
five days after the date of publication of this notice.\7\ Interested 
parties may submit case briefs not later than 30 days after the date of 
publication of this notice in the Federal Register.\8\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\9\ Parties who 
submit case or rebuttal briefs in this proceeding are encouraged to 
submit with each argument: (1) A statement of

[[Page 45212]]

the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\10\ Case and rebuttal briefs should be filed using 
ACCESS.\11\
---------------------------------------------------------------------------

    \6\ See Light-Walled Rectangular Pipe and Tube from Mexico: 
Initiation and Expedited Preliminary Results of Changed 
Circumstances Review, 82 FR 54322 (November 17, 2017) and 
accompanying Preliminary Decision Memorandum, unchanged in Light-
Walled Rectangular Pipe and Tube from Mexico: Final Results of 
Changed Circumstances Review, 83 FR 13475 (March 29, 2018) (Commerce 
determined that Perfiles LM, S.A. de C.V. is the successor-in-
interest to Perfiles y Herrajes).
    \7\ See 19 CFR 351.224(b)
    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(d)(1).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance within 30 days of the date of publication of this 
notice.\12\ Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues parties intend to discuss. Issues raised in the hearing will be 
limited to those raised in the respective case and rebuttal briefs. If 
a request for a hearing is made, we intend to hold the hearing at the 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230, at a date and time to be determined.\13\ Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.310(c)
    \13\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case and rebuttal briefs, within 120 days 
of publication of these preliminary results in the Federal Register, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\14\ If a 
respondent's weighted-average dumping margin is not zero or de minimis 
in the final results of this review and the respondent reported 
reliable entered values, we will calculate importer-specific ad valorem 
assessment rates for the merchandise based on the ratio of the total 
amount of dumping calculated for the examined sales made during the 
period of review to each importer to the total entered value of those 
same sales in accordance with 19 CFR 351.212(b)(1). If the respondent 
has not reported reliable entered values, we will calculate a per-unit 
assessment rate for each importer by dividing the total amount of 
dumping for the examined sales made during the period of review to that 
importer by the total sales quantity associated with those 
transactions. Where an importer-specific ad valorem assessment rate is 
zero or de minimis, we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties in accordance with 19 CFR 
351.106(c)(2). If the respondent's weighted-average dumping margin is 
zero or de minimis in the final results of review, we will instruct CBP 
not to assess duties on any of its entries in accordance with the Final 
Modification for Reviews, i.e., `` {w{time} here the weighted-average 
margin of dumping for the exporter is determined to be zero or de 
minimis, no antidumping duties will be assessed.'' \15\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.212(b)(1).
    \15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
---------------------------------------------------------------------------

    Regarding entries of subject merchandise during the period of 
review that were produced by Maquilacero and Regiopytsa and for which 
they did not know that the merchandise was destined for the United 
States, we will instruct CBP to liquidate un-reviewed entries at the 
all-others rate of 3.76 percent, as established in the less-than-fair-
value investigation of the order, if there is no rate for the 
intermediate company(ies) involved in the transaction.\16\ For a full 
discussion of this matter, see Assessment Policy Notice.\17\
---------------------------------------------------------------------------

    \16\ See Certain Steel Nails from the Republic of Korea, 
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic 
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015).
    \17\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
---------------------------------------------------------------------------

    For the firms covered by this review, we intend to issue 
liquidation instructions to CBP 15 days after publication of the final 
results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Maquilacero and 
Regiopytsa and other companies listed above will be equal to the 
weighted-average dumping margin established in the final results of 
this administrative review; (2) for previously reviewed or investigated 
companies not listed above, the cash deposit rate will continue to be 
the company-specific rate published for the most recently completed 
segment of this proceeding in which they were reviewed; (3) if the 
exporter is not a firm covered in this review, a prior review, or in 
the investigation but the producer is, the cash deposit rate will be 
the rate established for the most recently completed segment of this 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
the all-others rate of 3.76 percent. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a 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.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: August 29, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Companies Not Selected for Individual Examination
5. Discussion of the Methodology
6. Date of Sale
7. Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
8. Product Comparisons
9. Export Price
10. Normal Value
    A. Home Market Viability as Comparison Market
    B. Level of Trade
    C. Sales to Affiliates
    D. Cost of Production
    1. Calculation of Cost of Production
    2. Test of Comparison Market Sales Prices
    3. Results of the Cost of Production Test
    E. Calculation of Normal Value Based on Comparison Market Prices
    F. Price-to-Constructed Value Comparison
11. Currency Conversion

[[Page 45213]]

12. Recommendation

[FR Doc. 2018-19337 Filed 9-5-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                          Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices                                                     45211

                                               hearing. The Catalog of Federal                         the deadline for the preliminary results              subject to the order is currently
                                               Domestic Assistance official number                     to May 6, 2018.4 On April 5, 2018, we                 classified under the Harmonized Tariff
                                               and title for the program under which                   extended the time limit for completion                Schedule of the United States (HTSUS)
                                               these petitions are submitted is 11.313,                of the preliminary results of the review              subheadings 7306.61.50.00 and
                                               Trade Adjustment Assistance for Firms.                  to no later than August 31, 2018.5 A list             7306.61.70.60. This tariff classification
                                                                                                       of topics included in the Preliminary                 is provided for convenience and
                                               Irette Patterson,
                                                                                                       Decision Memorandum is included in                    Customs purposes; however, the written
                                               Program Analyst.
                                                                                                       the Appendix to this notice.                          description of the scope of the order is
                                               [FR Doc. 2018–19271 Filed 9–5–18; 8:45 am]                 The Preliminary Decision                           dispositive.
                                               BILLING CODE 3510–WH–P                                  Memorandum is a public document and
                                                                                                       is on file electronically via Enforcement             Methodology
                                                                                                       and Compliance’s Antidumping and                        Commerce is conducting this review
                                               DEPARTMENT OF COMMERCE                                  Countervailing Duty Centralized                       in accordance with sections 751(a)(1)(B)
                                                                                                       Electronic Service System (ACCESS).                   and (2) of the Tariff Act of 1930, as
                                               International Trade Administration
                                                                                                       ACCESS is available to registered users               amended (the Act). Export price was
                                               [A–201–836]                                             at https://access.trade.gov and to all                calculated in accordance with section
                                                                                                       parties in the Central Records Unit,                  772 of the Act. Normal value was
                                               Light-Walled Rectangular Pipe and                       located in room B8094 of the main                     calculated in accordance with section
                                               Tube From Mexico: Preliminary                           Department of Commerce building. In                   773 of the Act. For a full description of
                                               Results of Antidumping Duty                             addition, a complete version of the                   the methodology underlying our
                                               Administrative Review; 2016–2017                        Preliminary Decision Memorandum can                   conclusions, see the Preliminary
                                               AGENCY:   Enforcement and Compliance,                   be accessed directly at http://                       Decision Memorandum.
                                               International Trade Administration,                     enforcement.trade.gov/frn/. The signed
                                                                                                       and the electronic versions of the                    Preliminary Results of Review
                                               Department of Commerce.
                                               SUMMARY: The Department of Commerce                     Preliminary Decision Memorandum are                     We preliminarily determine that, for
                                               (Commerce) preliminarily determines                     identical in content.                                 the period August 1, 2016, through July
                                               that Maquilacero S.A. de C.V.                                                                                 31, 2017, the following weighted-
                                                                                                       Scope of the Order                                    average dumping margins exist:
                                               (Maquilacero) and Regiomontana de
                                               Perfiles y Tubos S.A. de C.V.                             The scope of this order covers certain
                                               (Regiopytsa) made sales of subject                      welded carbon-quality light-walled steel                                                        Weighted-
                                                                                                       pipe and tube, of rectangular (including                                                         average
                                               merchandise at less than normal value                                                                                  Producer/Exporter
                                                                                                       square) cross section, having a wall                                                             margin
                                               during the period of review (POR)                                                                                                                       (percent)
                                               August 1, 2016, through July 31, 2017.                  thickness of less than 4 mm. The term
                                               Interested parties are invited to                       carbon-quality steel includes both                    Maquilacero S.A. de C.V. .....                   4.48
                                               comment on these preliminary results.                   carbon steel and alloy steel which                    Perfiles y Herrajes LM, S.A.
                                                                                                       contains only small amounts of alloying                 de C.V.6 ............................         10.80
                                               DATES: Applicable September 6, 2018.                                                                          Productos Laminados de
                                                                                                       elements. Specifically, the term carbon-
                                               FOR FURTHER INFORMATION CONTACT:                                                                                Monterrey S.A. de C.V. .....                  10.80
                                                                                                       quality includes products in which
                                               Madeline Heeren or Kent Boydston, AD/                   none of the elements listed below                     Regiomontana de Perfiles y
                                               CVD Operations, Office VI, Enforcement                  exceeds the quantity by weight
                                                                                                                                                               Tubos S.A. de C.V. ...........                16.23
                                               and Compliance, International Trade                     respectively indicated; 1.80 percent of
                                               Administration, U.S. Department of                      manganese, or 2.25 percent of silicon, or             Disclosure and Public Comment
                                               Commerce, 1401 Constitution Avenue                      1.00 percent of copper, or 0.50 percent                  Wewill disclose to parties to the
                                               NW, Washington, DC 20230; telephone:                    of aluminum, or 1.25 percent of                       proceeding any calculations performed
                                               (202) 482–9179 or (202) 482–5649,                                                                             in connection with these preliminary
                                                                                                       chromium, or 0.30 percent of cobalt, or
                                               respectively.                                                                                                 results of review within five days after
                                                                                                       0.40 percent of lead, or 1.25 percent of
                                               SUPPLEMENTARY INFORMATION:                              nickel, or 0.30 percent of tungsten, or               the date of publication of this notice.7
                                               Background                                              0.10 percent of molybdenum, or 0.10                   Interested parties may submit case briefs
                                                                                                       percent of niobium, or 0.15 percent of                not later than 30 days after the date of
                                                 On October 16, 2017, we published                     vanadium, or 0.15 percent of zirconium.               publication of this notice in the Federal
                                               the notice of initiation for this                         The description of carbon-quality is                Register.8 Rebuttal briefs, limited to
                                               administrative review.1 For a complete                  intended to identify carbon-quality                   issues raised in the case briefs, may be
                                               description of the events that followed                 products within the scope. The welded-                filed not later than five days after the
                                               the initiation of the review, see the                   carbon quality rectangular pipe and tube              date for filing case briefs.9 Parties who
                                               Preliminary Decision Memorandum.2                                                                             submit case or rebuttal briefs in this
                                               Commerce exercised its discretion to                       4 See Memorandum for The Record from               proceeding are encouraged to submit
                                               toll deadlines for the duration of the                  Christian Marsh, Deputy Assistant Secretary for       with each argument: (1) A statement of
                                               closure of the Federal Government from                  Enforcement and Compliance, performing the non-
                                                                                                       exclusive functions and duties of the Assistant
                                               January 20 through 22, 2018,3 moving                    Secretary for Enforcement and Compliance,
                                                                                                                                                               6 See Light-Walled Rectangular Pipe and Tube

                                                                                                       ‘‘Deadlines Affected by the Shutdown of the           from Mexico: Initiation and Expedited Preliminary
                                                 1 See Initiation of Antidumping and
                                                                                                       Federal Government’’ (Tolling Memorandum),            Results of Changed Circumstances Review, 82 FR
                                               Countervailing Duty Administrative Reviews, 82 FR       dated January 23, 2018. All deadlines in this         54322 (November 17, 2017) and accompanying
                                                                                                                                                             Preliminary Decision Memorandum, unchanged in
daltland on DSKBBV9HB2PROD with NOTICES




                                               48051 (October 16, 2017) (Initiation Notice).           segment of the proceeding have been extended by
                                                 2 See Memorandum, ‘‘Decision Memorandum for           3 days. The new deadline falls on Sunday, May 6,      Light-Walled Rectangular Pipe and Tube from
                                               Preliminary Results of Antidumping Duty                 2018. The next business day is Monday, May 7,         Mexico: Final Results of Changed Circumstances
                                               Administrative Review: Light-Walled Rectangular         2018.                                                 Review, 83 FR 13475 (March 29, 2018) (Commerce
                                               Pipe and Tube from Mexico; 2016–2017’’, dated              5 See Memorandum, ‘‘Light-Walled Rectangular       determined that Perfiles LM, S.A. de C.V. is the
                                               concurrently with this notice.                          Pipe and Tube form Mexico: Extension of Deadline      successor-in-interest to Perfiles y Herrajes).
                                                 3 If the new deadline falls on a non-business day,                                                            7 See 19 CFR 351.224(b)
                                                                                                       for Preliminary Results of Antidumping Duty
                                                                                                                                                               8 See 19 CFR 351.309(c)(1)(ii).
                                               in accordance with Commerce’s practice, the             Administrative Review; 2016/2017,’’ dated April 5,
                                               deadline will become the next business day.             2018.                                                   9 See 19 CFR 351.309(d)(1).




                                          VerDate Sep<11>2014   16:56 Sep 05, 2018   Jkt 244001   PO 00000   Frm 00006   Fmt 4703   Sfmt 4703   E:\FR\FM\06SEN1.SGM    06SEN1


                                               45212                      Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices

                                               the issue; (2) a brief summary of the                   we will instruct CBP to liquidate the                 this proceeding in which they were
                                               argument; and (3) a table of                            appropriate entries without regard to                 reviewed; (3) if the exporter is not a firm
                                               authorities.10 Case and rebuttal briefs                 antidumping duties in accordance with                 covered in this review, a prior review,
                                               should be filed using ACCESS.11                         19 CFR 351.106(c)(2). If the                          or in the investigation but the producer
                                                  Interested parties who wish to request               respondent’s weighted-average dumping                 is, the cash deposit rate will be the rate
                                               a hearing must submit a written request                 margin is zero or de minimis in the final             established for the most recently
                                               to the Assistant Secretary for                          results of review, we will instruct CBP               completed segment of this proceeding
                                               Enforcement and Compliance within 30                    not to assess duties on any of its entries            for the producer of the merchandise;
                                               days of the date of publication of this                 in accordance with the Final                          and (4) the cash deposit rate for all other
                                               notice.12 Requests should contain: (1)                  Modification for Reviews, i.e., ‘‘ {w}here            producers or exporters will continue to
                                               The party’s name, address and                           the weighted-average margin of                        be the all-others rate of 3.76 percent.
                                               telephone number; (2) the number of                     dumping for the exporter is determined                These cash deposit requirements, when
                                               participants; and (3) a list of issues                  to be zero or de minimis, no                          imposed, shall remain in effect until
                                               parties intend to discuss. Issues raised                antidumping duties will be assessed.’’ 15             further notice.
                                               in the hearing will be limited to those                    Regarding entries of subject
                                               raised in the respective case and                       merchandise during the period of                      Notification to Importers
                                               rebuttal briefs. If a request for a hearing             review that were produced by                             This notice also serves as a reminder
                                               is made, we intend to hold the hearing                  Maquilacero and Regiopytsa and for                    to importers of their responsibility
                                               at the U.S. Department of Commerce,                     which they did not know that the                      under 19 CFR 351.402(f)(2) to file a
                                               1401 Constitution Avenue NW,                            merchandise was destined for the                      certificate regarding the reimbursement
                                               Washington, DC 20230, at a date and                     United States, we will instruct CBP to                of antidumping duties prior to
                                               time to be determined.13 Parties should                 liquidate un-reviewed entries at the all-             liquidation of the relevant entries
                                               confirm by telephone the date, time, and                others rate of 3.76 percent, as                       during this review period. Failure to
                                               location of the hearing two days before                 established in the less-than-fair-value               comply with this requirement could
                                               the scheduled date.                                     investigation of the order, if there is no            result in the Department’s presumption
                                                  Unless extended, we intend to issue                  rate for the intermediate company(ies)                that reimbursement of antidumping
                                               the final results of this administrative                involved in the transaction.16 For a full             duties occurred and the subsequent
                                               review, which will include the results of               discussion of this matter, see                        assessment of double antidumping
                                               our analysis of all issues raised in the                Assessment Policy Notice.17                           duties.
                                               case and rebuttal briefs, within 120 days                  For the firms covered by this review,
                                               of publication of these preliminary                     we intend to issue liquidation                        Notification to Interested Parties
                                               results in the Federal Register, pursuant               instructions to CBP 15 days after
                                               to section 751(a)(3)(A) of the Act.                     publication of the final results of this                We are issuing and publishing this
                                                                                                       review.                                               notice in accordance with sections
                                               Assessment Rates                                                                                              751(a)(1) and 777(i)(1) of the Act and 19
                                                 Upon issuance of the final results,                   Cash Deposit Requirements                             CFR 351.221(b)(4).
                                               Commerce will determine, and U.S.                         The following cash deposit                            Dated: August 29, 2018.
                                               Customs and Border Protection (CBP)                     requirements will be effective upon                   Christian Marsh,
                                               shall assess, antidumping duties on all                 publication of the final results of this              Deputy Assistant Secretary for Enforcement
                                               appropriate entries covered by this                     administrative review for all shipments               and Compliance.
                                               review.14 If a respondent’s weighted-                   of the subject merchandise entered, or
                                               average dumping margin is not zero or                   withdrawn from warehouse, for                         Appendix
                                               de minimis in the final results of this                 consumption on or after the publication               List of Topics Discussed in the Preliminary
                                               review and the respondent reported                      date of the final results of this                     Decision Memorandum
                                               reliable entered values, we will                        administrative review, as provided by                 1. Summary
                                               calculate importer-specific ad valorem                  section 751(a)(2)(C) of the Act: (1) The              2. Background
                                               assessment rates for the merchandise                    cash deposit rate for Maquilacero and                 3. Scope of the Order
                                               based on the ratio of the total amount of               Regiopytsa and other companies listed                 4. Companies Not Selected for Individual
                                               dumping calculated for the examined                     above will be equal to the weighted-                        Examination
                                               sales made during the period of review                  average dumping margin established in                 5. Discussion of the Methodology
                                               to each importer to the total entered                   the final results of this administrative              6. Date of Sale
                                               value of those same sales in accordance                 review; (2) for previously reviewed or                7. Comparisons to Normal Value
                                               with 19 CFR 351.212(b)(1). If the                       investigated companies not listed above,                 A. Determination of Comparison Method
                                               respondent has not reported reliable                    the cash deposit rate will continue to be                B. Results of the Differential Pricing
                                               entered values, we will calculate a per-                the company-specific rate published for                     Analysis
                                               unit assessment rate for each importer                  the most recently completed segment of                8. Product Comparisons
                                                                                                                                                             9. Export Price
                                               by dividing the total amount of
                                                                                                                                                             10. Normal Value
                                               dumping for the examined sales made                       15 See Antidumping Proceedings: Calculation of
                                                                                                                                                                A. Home Market Viability as Comparison
                                               during the period of review to that                     the Weighted-Average Dumping Margin and
                                                                                                       Assessment Rate in Certain Antidumping                      Market
                                               importer by the total sales quantity                    Proceedings: Final Modification, 77 FR 8101, 8102        B. Level of Trade
                                               associated with those transactions.                     (February 14, 2012) (Final Modification for              C. Sales to Affiliates
                                               Where an importer-specific ad valorem
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                                                                                                       Reviews).                                                D. Cost of Production
                                                                                                         16 See Certain Steel Nails from the Republic of
                                               assessment rate is zero or de minimis,                                                                           1. Calculation of Cost of Production
                                                                                                       Korea, Malaysia, the Sultanate of Oman, Taiwan,          2. Test of Comparison Market Sales Prices
                                                                                                       and the Socialist Republic of Vietnam:
                                                 10 See 19 CFR 351.309(c)(2) and (d)(2).               Antidumping Duty Orders, 80 FR 39994 (July 13,
                                                                                                                                                                3. Results of the Cost of Production Test
                                                 11 See 19 CFR 351.303.                                2015).                                                   E. Calculation of Normal Value Based on
                                                 12 See 19 CFR 351.310(c)                                17 See Antidumping and Countervailing Duty                Comparison Market Prices
                                                 13 See 19 CFR 351.310(d).
                                                                                                       Proceedings: Assessment of Antidumping Duties, 68        F. Price-to-Constructed Value Comparison
                                                 14 See 19 CFR 351.212(b)(1).                          FR 23954 (May 6, 2003) (Assessment Policy Notice).    11. Currency Conversion



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                                                                         Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices                                                    45213

                                               12. Recommendation                                      included in the Preliminary Decision                    Methodology
                                               [FR Doc. 2018–19337 Filed 9–5–18; 8:45 am]              Memorandum is included as Appendix
                                                                                                       II to this notice. The Preliminary                         We are conducting this investigation
                                               BILLING CODE 3510–DS–P
                                                                                                                                                               in accordance with section 731 of the
                                                                                                       Decision Memorandum is a public
                                                                                                                                                               Act. Pursuant to section 776(a) and (b)
                                                                                                       document and is on file electronically
                                               DEPARTMENT OF COMMERCE                                                                                          of the Act, we have preliminarily relied
                                                                                                       via Enforcement and Compliance’s
                                                                                                                                                               upon facts otherwise available, with
                                                                                                       Antidumping and Countervailing Duty
                                               International Trade Administration                                                                              adverse inferences, for the China-wide
                                                                                                       Centralized Electronic Service System                   entity because it did not respond to our
                                               [A–570–069]                                             (ACCESS). ACCESS is available to                        requests for information. Specifically,
                                                                                                       registered users at https://                            all companies to which Commerce
                                               Less-Than-Fair-Value Investigation of                   access.trade.gov, and to all parties in the             issued quantity and value (Q&V)
                                               Rubber Bands From the People’s                          Central Records Unit, room B8024 of the                 questionnaires failed to respond.8 Thus,
                                               Republic of China: Preliminary                          main Department of Commerce                             no companies have demonstrated their
                                               Affirmative Determination of Sales at                   building. In addition, a complete                       eligibility for a separate rate and are
                                               Less Than Fair Value and Preliminary                    version of the Preliminary Decision                     preliminarily found to be part of the
                                               Affirmative Determination of Critical                   Memorandum can be accessed directly                     China-wide entity. Furthermore, we find
                                               Circumstances                                           at http://enforcement.trade.gov/frn/.                   that the China-wide entity’s lack of
                                               AGENCY:   Enforcement and Compliance,                   The signed and the electronic versions                  participation, including the failure of
                                               International Trade Administration,                     of the Preliminary Decision                             certain parts of the China-wide entity to
                                               Department of Commerce.                                 Memorandum are identical in content.                    submit Q&V information, constitutes
                                               SUMMARY: The Department of Commerce                                                                             circumstances under which it is
                                                                                                       Scope of the Investigation
                                               (Commerce) preliminarily determines                                                                             reasonable to conclude that the China-
                                               that rubber bands from the People’s                       The products covered by this                          wide entity as a whole failed to
                                               Republic of China (China) are being or                  investigation are rubber bands from                     cooperate to the best of its ability to
                                               are likely to be sold in the United States              China. For a complete description of the                comply with Commerce’s request for
                                               at less than fair value (LTFV). The                     scope of this investigation, see                        information. For a full description of the
                                               period of investigation (POI) is July 1,                Appendix I.                                             methodology underlying Commerce’s
                                               2017, through December 31, 2017.                                                                                preliminary determination, see the
                                               Interested parties are invited to                       Scope Comments                                          Preliminary Decision Memorandum.
                                               comment on this preliminary                               In accordance with the preamble to                    Preliminary Affirmative Determination
                                               determination.                                          Commerce’s regulations,4 the Initiation                 of Critical Circumstances
                                               DATES: Applicable September 6, 2018.                    Notice set aside a period of time for                      On June 11, 2018, as revised on
                                               FOR FURTHER INFORMATION CONTACT:    Paul                parties to raise issues regarding product               August 7, 2018, the petitioner timely
                                               Stolz or Stephanie Berger, AD/CVD                       coverage (i.e., scope).5 Certain interested             filed a critical circumstances allegation,
                                               Operations, Office III, Enforcement and                 parties provided comments on the scope                  pursuant to section 733(e)(1) of the Act
                                               Compliance, International Trade                         of the investigation as it appeared in the              and 19 CFR 351.206, alleging that
                                               Administration, U.S. Department of                      Initiation Notice.6 For a summary of the                critical circumstances exist with respect
                                               Commerce, 1401 Constitution Avenue                      product coverage comments and                           to imports of rubber bands from China.9
                                               NW, Washington, DC 20230; telephone:                    rebuttal responses submitted to the                     Based on the failure of all respondents,
                                               (202) 482–4474 or (202) 482–2483,                       record for this preliminary                             and thus the China-wide entity, to
                                               respectively.                                           determination, and accompanying                         cooperate to the best of their ability to
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       discussion and analysis of all comments                 comply with Commerce’s requests for
                                                                                                       timely received, see the Preliminary                    information, we preliminarily determine
                                               Background                                              Scope Decision Memorandum.7 We are                      that massive imports of rubber bands
                                                  This preliminary determination is                    preliminarily modifying the scope                       from China existed for the China-wide
                                               made in accordance with section 733(b)                  language as it appeared in the Initiation               entity, based on adverse facts available,
                                               of the Tariff Act of 1930, as amended                   Notice. See the revised scope in                        pursuant to section 733(e)(1)(B) of the
                                               (the Act). We published the notice of                   Appendix I to this notice.                              Act. In addition, we have preliminarily
                                               initiation of this investigation on                                                                             determined that there is a reasonable
                                               February 27, 2018.1 On June 26, 2018,                   Fair-Value Investigation of Rubber Bands from the       basis to believe or suspect that
                                               we postponed the preliminary                            People’s Republic of China,’’ dated August 29, 2018     importers knew, or should have known,
                                                                                                       (Preliminary Decision Memorandum).
                                               determination of this investigation. The                   4 See Antidumping Duties; Countervailing Duties,
                                                                                                                                                               that merchandise was being sold for less
                                               revised deadline is now August 29,                      Final Rule, 62 FR 27296, 27323 (May 19, 1997).          than fair value and that those sales were
                                               2018.2 For a complete description of the                   5 See Initiation Notice.                             likely to cause material injury in
                                               events that followed the initiation of                     6 See Greenbrier’s and Conair’s letter, ‘‘Rubber     accordance with section 733(e)(1)(A)(ii)
                                               this investigation, see the Preliminary                 Bands from, Thailand, China and Sri Lanka: Scope        of the Act.
                                                                                                       Comments,’’ dated March 12, 2018; Jafferjee’s letter,
                                               Decision Memorandum.3 A list of topics                  ‘‘Rubber Bands from Thailand: Scope Comments,’’            For a full description of the
                                                                                                       dated March 12, 2018; and, the petitioner’s letter,     methodology and the results of
                                                 1 See Rubber Bands from the People’s Republic of
                                                                                                       ‘‘Petition for the Imposition of Antidumping and        Commerce’s analysis, see the
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                                               China, Sri Lanka, and Thailand: Initiation of Less-     Countervailing Duties on Rubber Bands from
                                               Than-Fair-Value Investigations, 83 FR 8424, 8425
                                                                                                                                                               Preliminary Decision Memorandum.
                                                                                                       Thailand and China—Rebuttal Scope Comments,’’
                                               (February 27, 2018) (Initiation Notice).                dated March 22, 2018.
                                                 2 See Rubber Bands from the People’s Republic of         7 See Memorandum, ‘‘Rubber Bands from                  8 See the memorandum, ‘‘Antidumping Duty

                                               China and Thailand: Postponement of Preliminary         Thailand and the People’s Republic of China: Scope      Investigation of Rubber Bands from the People’s
                                               Determinations in the Less-Than-Fair-Value              Comments Decision Memorandum for the                    Republic of China: Delivery of Quantity and Value
                                               Investigations, 83 FR 29748 (June 26, 2018).            Preliminary Determination,’’ dated concurrently         Questionnaire to Exporters/Producers,’’ dated
                                                 3 See the memorandum, ‘‘Decision Memorandum           with this notice (Preliminary Scope Decision            March 6, 2018.
                                               for the Preliminary Determination in the Less-Than-     Memorandum).                                              9




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Document Created: 2018-09-05 23:55:53
Document Modified: 2018-09-05 23:55:53
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 September 6, 2018.
ContactMadeline Heeren or Kent Boydston, 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) 482-9179 or (202) 482-5649, respectively.
FR Citation83 FR 45211 

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