83_FR_51084 83 FR 50888 - Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017

83 FR 50888 - Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 196 (October 10, 2018)

Page Range50888-50891
FR Document2018-21985

The Department of Commerce (Commerce) preliminarily determines that sales of heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes and tubes) from Mexico have been made below normal value. Additionally, Commerce preliminarily determines that a company for which we initiated a review had no shipments during the period of review (POR). We invite interested parties to comment on these preliminary results.

Federal Register, Volume 83 Issue 196 (Wednesday, October 10, 2018)
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Notices]
[Pages 50888-50891]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21985]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-847]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
Mexico: Preliminary Results of Antidumping Duty Administrative Review 
and Preliminary Determination of No Shipments; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that sales of heavy walled rectangular welded carbon steel pipes and 
tubes (HWR pipes and tubes) from Mexico have been made below normal 
value. Additionally, Commerce preliminarily determines that a company 
for which we initiated a review had no shipments during the period of 
review (POR). We invite interested parties to comment on these 
preliminary results.

DATES: Applicable October 10, 2018.

FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or David Crespo, AD/CVD

[[Page 50889]]

Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6345 or (202) 482-3693, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on HWR pipes and tubes from Mexico. The notice of initiation 
of this administrative review was published on November 13, 2017.\1\ 
This review covers 11 producers and/or exporters of the subject 
merchandise. Commerce selected two mandatory respondents for individual 
examination: Maquilacero S.A. de C.V. (Maquilacero) and Productos 
Laminados d Monterrey S.A. de C.V. (Prolamsa). The POR is March 1, 
2016, through August 31, 2017.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 52268 (November 13, 2017).
---------------------------------------------------------------------------

    In May 2018, Commerce extended the preliminary results of this 
review to no later than October 3, 2018.\2\
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    \2\ See Memorandum, ``Heavy Walled Rectangular Welded Carbon 
Steel Pipes and Tubes from Mexico: Extension of Deadline for 
Preliminary Results of Antidumping Duty Administrative Review,'' 
dated May 10, 2018. In this memorandum, we noted that Commerce 
exercised its discretion to toll all deadlines affected by the 
closure of the Federal Government from January 20 through January 
22, 2018. See Memorandum, ``Deadlines Affected by the Shutdown of 
the Federal Government,'' dated January 23, 2018. As a result, the 
revised deadline for the preliminary results became October 3, 2018.
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Scope of the Order

    The merchandise subject to the order is certain heavy walled 
rectangular welded steel pipes and tubes of rectangular (including 
square) cross section, having a nominal wall thickness of not less than 
4 mm.\3\ The merchandise includes, but is not limited to, the American 
Society for Testing and Materials (ASTM) A-500, grade B specifications, 
or comparable domestic or foreign specifications. Included products are 
those in which: (1) Iron predominates, by weight, over each of the 
other contained elements; (2) the carbon content is 2 percent or less, 
by weight; and (3) none of the elements below exceeds the quantity, by 
weight, respectively indicated:
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    \3\ For a complete description of the scope of the Order, see 
Memorandum, ``Decision Memorandum for the Preliminary Results of the 
2016-2017 Administrative Review of the Antidumping Duty Order on 
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from 
Mexico,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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     2.50 percent of manganese, or
     3.30 percent of silicon, or
     1.50 percent of copper, or
     1.50 percent of aluminum, or
     1.25 percent of chromium, or
     0.30 percent of cobalt, or
     0.40 percent of lead, or
     2.0 percent of nickel, or
     0.30 percent of tungsten, or
     0.80 percent of molybdenum, or
     0.10 percent of niobium (also called columbium), or
     0.30 percent of vanadium, or
     0.30 percent of zirconium.
    The product is currently classified under the Harmonized Tariff 
Schedule of the United States (HTSUS) item number 7306.61.1000. Subject 
merchandise may also be classified under 7306.61.3000. Although the 
HTSUS numbers and ASTM specification are provided for convenience and 
for customs purposes, the written product description remains 
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 and constructed export price are calculated in accordance 
with section 772 of the Act. Normal value is calculated in accordance 
with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. 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, room B8024 of the main 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 electronic versions of the Preliminary Decision Memorandum are 
identical in content. A list of the topics discussed in the Preliminary 
Decision Memorandum is attached as an Appendix to this notice.

Preliminary Determination of No Shipments

    One of the companies under review, Tuberia Nacional S.A. de C.V. 
(TUNA), properly filed a statement reporting that it made no shipments 
of subject merchandise to the United States during the POR. Based on 
the certification submitted by TUNA and our analysis of U.S. Customs 
and Border Protection (CBP) information, we preliminarily determine 
that TUNA had no shipments during the POR.\4\ Commerce finds that it is 
not appropriate to preliminarily rescind the review with respect to 
this company, but rather, to complete the review with respect to it and 
issue appropriate instructions to CBP based on the final results of 
this review.
---------------------------------------------------------------------------

    \4\ See TUNA's Letter re: Heavy Walled Rectangular Welded Carbon 
Pipes and Tubes from Mexico: Notice of No Sales, dated November 15, 
2017. See also Memorandum, ``Heavy Walled Rectangular Welded Carbon 
Steel Pipes and Tubes from Mexico,'' dated September 27, 2018.
---------------------------------------------------------------------------

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that 
weighted-average dumping margins exist for the respondents for the 
period March 1, 2016, through August 31, 2017, as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                         dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V.................................            0.00
Productos Laminados d Monterrey S.A. de C.V.............            6.34
------------------------------------------------------------------------

    Review-Specific Average Rate Applicable to the Following Companies: 
\5\
---------------------------------------------------------------------------

    \5\ This rate is based on the rates for the respondents that 
were selected for individual review, excluding rates that are zero, 
de minimis or based entirely on facts available. See section 
735(c)(5)(A) of the Act.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                         dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Arco Metal S.A. de C.V..................................            6.34
Forza Steel S.A. de C.V.................................            6.34
Industrias Monterrey, S.A. de C.V.......................            6.34
Perfiles y Herrajes LM S.A. de C.V......................            6.34
PYTCO S.A. de C.V.......................................            6.34
Regiomontana de Perfiles y Tubos S.A. de C.V............            6.34
Ternium S.A. de C.V.....................................            6.34
Tuberia Nacional S.A. de C.V............................               *
Tuberia Procarsa S.A. de C.V............................            6.34
------------------------------------------------------------------------
* No shipments or sales subject to this review.

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\6\

[[Page 50890]]

Interested parties may submit case briefs to Commerce no later than 30 
days after the date of publication of this notice.\7\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
five days after the time limit for filing case briefs.\8\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\9\ Case and 
rebuttal briefs should be filed using ACCESS.\10\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.224(b).
    \7\ See 19 CFR 351.309(c).
    \8\ See 19 CFR 351.309(d).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after 
the date of publication of this notice.\11\ Hearing requests should 
contain: (1) The party's name, address, and telephone number; (2) the 
number of participants; and (3) a list of issues to be discussed. 
Issues raised in the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing to be held at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.\12\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis raised in any written 
briefs, not later than 120 days after the publication date of this 
notice, pursuant to section 751(a)(3)(A) of the Act, unless otherwise 
extended.\13\
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    \13\ See Section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries.
    Pursuant to 19 CFR 351.212(b)(1), where Maquilacero and Prolamsa 
reported the entered value for their U.S. sales, we calculated 
importer-specific ad valorem duty assessment rates based on the ratio 
of the total amount of dumping calculated for the examined sales to the 
total entered value of the sales for which entered value was reported. 
Where the respondents did not report entered value, we calculated the 
entered value in order to calculate the assessment rate. Where either 
the respondent's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties. We intend to 
instruct CBP to take into account the ``provisional measures deposit 
cap,'' in accordance with 19 CFR 351.212(d).
    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the average \14\ of the cash 
deposit rates calculated for Maquilacero and Prolamsa, excluding any 
which are de minimis or determined entirely on adverse facts available. 
The final results of this review shall be the basis for the assessment 
of antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.
---------------------------------------------------------------------------

    \14\ This rate will be calculated as discussed in footnote 4, 
above.
---------------------------------------------------------------------------

    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by companies included in 
these final results of review for which the reviewed companies did not 
know that the merchandise they sold to the intermediary (e.g., a 
reseller, trading company, or exporter) was destined for the United 
States. In such instances, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\15\
---------------------------------------------------------------------------

    \15\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

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

Cash Deposit Requirements

    The following deposit requirements will be effective 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 the exporters 
listed above will be that established in the final results of this 
review, except if the rate is less than 0.50 percent and, therefore, de 
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the 
cash deposit rate will be zero; (2) for previously investigated 
companies not participating in this review, the cash deposit will 
continue to be the company-specific rate published for the most 
recently completed segment; (3) if the exporter is not a firm covered 
in this review, or the original less-than-fair-value (LTFV) 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent segment for the manufacturer 
of the merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 4.91 percent, the all-
others rate made effective by the LTFV investigation.\16\ These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \16\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Korea, Mexico, and the Republic of 
Turkey: Antidumping Duty Orders, 81 FR 62865, 62867 (September 13, 
2016).
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) 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 occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: October 3, 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 Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
    a. Determination of the Comparison Method
    b. Results of the Differential Pricing Analysis
    c. Product Comparisons
    d. Export Price/Constructed Export Price
    e. Normal Value
    i. Home Market Viability
    ii. Affiliated-Party Transactions and Arm's-Length Test

[[Page 50891]]

    iii. Level of Trade
    iv. Cost of Production Analysis
    1. Cost Averaging Methodology
    2. Calculation of COP
    3. Test of Comparison Market Sales Prices
    4. Results of the COP Test
    v. Calculation of Normal Value Based on Comparison Market Prices
    vi. Calculation of Normal Value Based on Constructed Value
V. Currency Conversion
VI. Recommendation
[FR Doc. 2018-21985 Filed 10-9-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                              50888                     Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices

                                                 We intend to issue instructions to                   (2) a brief summary of the argument;                    Dated: October 3, 2018.
                                              CBP 15 days after publication of the                    and (3) a table of authorities.15 All briefs          Gary Taverman,
                                              final results of this review.                           must be filed electronically using                    Deputy Assistant Secretary for Antidumping
                                                                                                      ACCESS. An electronically filed                       and Countervailing Duty Operations,
                                              Cash Deposit Requirements                                                                                     performing the non-exclusive functions and
                                                                                                      document must be received successfully
                                                 The following cash deposit                                                                                 duties of the Assistant Secretary for
                                                                                                      in its entirety by the established                    Enforcement and Compliance.
                                              requirements will be effective upon                     deadline.
                                              publication of the notice of final results                                                                    Appendix
                                              of administrative review for all                           Pursuant to 19 CFR 351.310(c),
                                              shipments of subject merchandise                        interested parties who wish to request a              List of Topics Discussed in the Preliminary
                                                                                                      hearing, limited to issues raised in the              Decision Memorandum
                                              entered, or withdrawn from warehouse,
                                              for consumption on or after the                         case and rebuttal briefs, must submit a               I. Summary
                                              publication date of the final results of                written request to the Assistant                      II. Background
                                                                                                                                                            III. Scope of the Order
                                              this administrative review, as provided                 Secretary for Enforcement and                         IV. Preliminary Determination of No
                                              by section 751(a)(2)(C) of the Act: (1)                 Compliance, within 30 days after the                        Shipments
                                              The cash deposit rate for respondents                   date of publication of this notice.                   V. Discussion of Methodology
                                              noted above will be the rates established               Requests should contain: (1) The party’s                 A. Comparisons to Normal Value
                                              in the final results of this administrative             name, address, and telephone number;                     1. Determination of Comparison Method
                                              review; (2) for merchandise exported by                 (2) the number of participants; and (3)                  2. Results of the Differential Pricing
                                              producers or exporters not covered in                                                                               Analysis
                                                                                                      a list of issues to be discussed. If a                   B. Product Comparisons
                                              this administrative review but covered                  request for a hearing is made, Commerce                  C. Date of Sale
                                              in a prior segment of the proceeding, the               intends to hold the hearing at the U.S.                  D. Export Price
                                              cash deposit rate will continue to be the               Department of Commerce, 1401                             E. Normal Value
                                              company-specific rate published for the                 Constitution Avenue NW, Washington,                      1. Home Market Viability
                                              most recently completed segment of this                 DC 20230, at a time and date to be
                                                                                                                                                               2. Cost of Production Analysis
                                              proceeding; (3) if the exporter is not a                                                                         a. Calculation of COP
                                                                                                      determined. Parties should confirm by                    b. Test of Comparison Market Prices and
                                              firm covered in this review, a prior
                                                                                                      telephone the date, time, and location of                   COP
                                              review, or the original investigation, but
                                                                                                      the hearing two days before the                          c. Results of COP Test
                                              the producer is, the cash deposit rate                                                                           F. Level of Trade
                                              will be the rate established for the most               scheduled date.
                                                                                                                                                               G. Calculation of Normal Value Based on
                                              recently completed segment of this                         We intend to issue the final results of                  Comparison Market Prices
                                              proceeding for the producer of the                      this administrative review, including                    H. Margin for Companies Not Selected for
                                              subject merchandise; and (4) the cash                   the results of our analysis of the issues                   Individual Examination
                                              deposit rate for all other producers or                 raised in any written briefs, not later                  I. Currency Conversions
                                              exporters will continue to be 3.91                                                                            VI. Recommendation
                                                                                                      than 120 days after the date of
                                              percent, the all-others rate established                publication of this notice, pursuant to               [FR Doc. 2018–21850 Filed 10–9–18; 8:45 am]
                                              in the investigation as modified by the                 section 751(a)(3)(A) of the Act.                      BILLING CODE 3510–DS–P
                                              section 129 determination.12 These cash
                                              deposit requirements, when imposed,                     Notification to Importers
                                              shall remain in effect until further                                                                          DEPARTMENT OF COMMERCE
                                                                                                         This notice serves as a preliminary
                                              notice.
                                                                                                      reminder to importers of their                        International Trade Administration
                                              Disclosure                                              responsibility under 19 CFR                           [A–201–847]
                                                We intend to disclose the calculations                351.402(f)(2) to file a certificate
                                              performed in these preliminary results                  regarding the reimbursement of                        Heavy Walled Rectangular Welded
                                              to parties in this proceeding within five               antidumping duties and/or                             Carbon Steel Pipes and Tubes From
                                              days of the date of publication of this                 countervailing duties prior to                        Mexico: Preliminary Results of
                                              notice.13                                               liquidation of the relevant entries                   Antidumping Duty Administrative
                                                                                                      during this review period. Failure to                 Review and Preliminary Determination
                                              Public Comment                                                                                                of No Shipments; 2016–2017
                                                                                                      comply with this requirement could
                                                 Pursuant to 19 CFR 351.309(c)(ii),                   result in the Secretary’s presumption
                                              interested parties may submit case briefs                                                                     AGENCY:  Enforcement and Compliance,
                                                                                                      that reimbursement of antidumping                     International Trade Administration,
                                              not later than 30 days after the date of                duties occurred and increase the
                                              publication of this notice. Rebuttal                                                                          Department of Commerce.
                                                                                                      subsequent assessment of the                          SUMMARY: The Department of Commerce
                                              briefs, limited to issues raised in the                 antidumping duties.                                   (Commerce) preliminarily determines
                                              case briefs, may be filed no later than
                                                                                                      Notification to Interested Parties                    that sales of heavy walled rectangular
                                              five days after the date for filing case
                                                                                                                                                            welded carbon steel pipes and tubes
                                              briefs.14 Parties who submit case briefs
                                                                                                        We are issuing and publishing these                 (HWR pipes and tubes) from Mexico
                                              or rebuttal briefs in this proceeding are
                                                                                                      results in accordance with sections                   have been made below normal value.
                                              encouraged to submit with each
                                                                                                      751(a)(1) and 777(i)(1) of the Act, and 19            Additionally, Commerce preliminarily
                                              argument: (1) A statement of the issue;
                                                                                                      CFR 351.213(h)(1).                                    determines that a company for which
amozie on DSK3GDR082PROD with NOTICES1




                                                12 See Implementation of the Findings of the WTO
                                                                                                                                                            we initiated a review had no shipments
                                              Panel in US—Zeroing (EC): Notice of                                                                           during the period of review (POR). We
                                              Determinations Under Section 129 of the Uruguay                                                               invite interested parties to comment on
                                              Round Agreements Act and Revocations and Partial                                                              these preliminary results.
                                              Revocations of Certain Antidumping Duty Orders,
                                              72 FR 25261 (May 4, 2007).                                                                                    DATES: Applicable October 10, 2018.
                                                13 See 19 CFR 351.224(b).                               15 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR   FOR FURTHER INFORMATION CONTACT:
                                                14 See 19 CFR 351.309(d).                             351.303 (for general filing requirements).            Blaine Wiltse or David Crespo, AD/CVD


                                         VerDate Sep<11>2014   21:20 Oct 09, 2018   Jkt 247001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\10OCN1.SGM   10OCN1


                                                                        Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices                                                         50889

                                              Operations, Office II, Enforcement and                    • 3.30 percent of silicon, or                       (CBP) information, we preliminarily
                                              Compliance, International Trade                           • 1.50 percent of copper, or                        determine that TUNA had no shipments
                                              Administration, U.S. Department of                        • 1.50 percent of aluminum, or                      during the POR.4 Commerce finds that
                                              Commerce, 1401 Constitution Avenue                        • 1.25 percent of chromium, or                      it is not appropriate to preliminarily
                                              NW, Washington, DC 20230; telephone:                      • 0.30 percent of cobalt, or                        rescind the review with respect to this
                                              (202) 482–6345 or (202) 482–3693,                         • 0.40 percent of lead, or                          company, but rather, to complete the
                                              respectively.                                             • 2.0 percent of nickel, or                         review with respect to it and issue
                                                                                                        • 0.30 percent of tungsten, or                      appropriate instructions to CBP based
                                              SUPPLEMENTARY INFORMATION:
                                                                                                        • 0.80 percent of molybdenum, or                    on the final results of this review.
                                              Background                                                • 0.10 percent of niobium (also called
                                                                                                      columbium), or                                        Preliminary Results of the Review
                                                 Commerce is conducting an
                                              administrative review of the                              • 0.30 percent of vanadium, or                        As a result of this review, we
                                                                                                        • 0.30 percent of zirconium.                        preliminarily determine that weighted-
                                              antidumping duty order on HWR pipes
                                                                                                        The product is currently classified                 average dumping margins exist for the
                                              and tubes from Mexico. The notice of
                                                                                                      under the Harmonized Tariff Schedule                  respondents for the period March 1,
                                              initiation of this administrative review
                                                                                                      of the United States (HTSUS) item                     2016, through August 31, 2017, as
                                              was published on November 13, 2017.1
                                                                                                      number 7306.61.1000. Subject                          follows:
                                              This review covers 11 producers and/or
                                                                                                      merchandise may also be classified
                                              exporters of the subject merchandise.
                                                                                                      under 7306.61.3000. Although the                                                                   Weighted-
                                              Commerce selected two mandatory
                                              respondents for individual examination:                 HTSUS numbers and ASTM                                                                              average
                                                                                                      specification are provided for                                 Exporter/producer                   dumping
                                              Maquilacero S.A. de C.V. (Maquilacero)                                                                                                                      margin
                                              and Productos Laminados d Monterrey                     convenience and for customs purposes,
                                                                                                                                                                                                         (percent)
                                              S.A. de C.V. (Prolamsa). The POR is                     the written product description remains
                                              March 1, 2016, through August 31,                       dispositive.                                          Maquilacero S.A. de C.V ......                      0.00
                                              2017.                                                                                                         Productos Laminados d
                                                                                                      Methodology
                                                 In May 2018, Commerce extended the                                                                           Monterrey S.A. de C.V ......                      6.34
                                              preliminary results of this review to no                   Commerce is conducting this review
                                              later than October 3, 2018.2                            in accordance with sections 751(a)(1)(B)                Review-Specific Average Rate
                                                                                                      and (2) of the Tariff Act of 1930, as                 Applicable to the Following
                                              Scope of the Order                                      amended (the Act). Export price and                   Companies: 5
                                                 The merchandise subject to the order                 constructed export price are calculated
                                              is certain heavy walled rectangular                     in accordance with section 772 of the                                                              Weighted-
                                                                                                      Act. Normal value is calculated in                                                                  average
                                              welded steel pipes and tubes of                                                                                        Exporter/producer                   dumping
                                              rectangular (including square) cross                    accordance with section 773 of the Act.                                                             margin
                                              section, having a nominal wall                             For a full description of the                                                                   (percent)
                                              thickness of not less than 4 mm.3 The                   methodology underlying our
                                              merchandise includes, but is not limited                conclusions, see the Preliminary                      Arco Metal S.A. de C.V ........                     6.34
                                              to, the American Society for Testing and                Decision Memorandum. The                              Forza Steel S.A. de C.V .......                     6.34
                                                                                                      Preliminary Decision Memorandum is a                  Industrias Monterrey, S.A. de
                                              Materials (ASTM) A–500, grade B
                                                                                                      public document and is on file                          C.V ....................................          6.34
                                              specifications, or comparable domestic                                                                        Perfiles y Herrajes LM S.A.
                                              or foreign specifications. Included                     electronically via Enforcement and
                                                                                                                                                              de C.V ...............................            6.34
                                              products are those in which: (1) Iron                   Compliance’s Antidumping and                          PYTCO S.A. de C.V .............                     6.34
                                              predominates, by weight, over each of                   Countervailing Duty Centralized                       Regiomontana de Perfiles y
                                              the other contained elements; (2) the                   Electronic Service System (ACCESS).                     Tubos S.A. de C.V ............                    6.34
                                              carbon content is 2 percent or less, by                 ACCESS is available to registered users               Ternium S.A. de C.V ............                    6.34
                                              weight; and (3) none of the elements                    at https://access.trade.gov, and to all               Tuberia Nacional S.A. de
                                              below exceeds the quantity, by weight,                  parties in the Central Records Unit,                    C.V ....................................               *
                                                                                                      room B8024 of the main Commerce                       Tuberia Procarsa S.A. de
                                              respectively indicated:
                                                                                                                                                              C.V ....................................          6.34
                                                 • 2.50 percent of manganese, or                      building. In addition, a complete
                                                                                                      version of the Preliminary Decision                     * No shipments or sales subject to this
                                                1 See Initiation of Antidumping and                   Memorandum can be accessed directly                   review.
                                              Countervailing Duty Administrative Reviews, 82 FR       at http://enforcement.trade.gov/frn/.
                                              52268 (November 13, 2017).                                                                                    Disclosure and Public Comment
                                                2 See Memorandum, ‘‘Heavy Walled Rectangular
                                                                                                      The signed and electronic versions of
                                                                                                      the Preliminary Decision Memorandum                     Commerce intends to disclose the
                                              Welded Carbon Steel Pipes and Tubes from Mexico:
                                              Extension of Deadline for Preliminary Results of        are identical in content. A list of the               calculations performed in connection
                                              Antidumping Duty Administrative Review,’’ dated         topics discussed in the Preliminary                   with these preliminary results to
                                              May 10, 2018. In this memorandum, we noted that         Decision Memorandum is attached as an                 interested parties within five days after
                                              Commerce exercised its discretion to toll all                                                                 the date of publication of this notice.6
                                              deadlines affected by the closure of the Federal
                                                                                                      Appendix to this notice.
                                              Government from January 20 through January 22,          Preliminary Determination of No                          4 See TUNA’s Letter re: Heavy Walled
                                              2018. See Memorandum, ‘‘Deadlines Affected by
                                              the Shutdown of the Federal Government,’’ dated         Shipments                                             Rectangular Welded Carbon Pipes and Tubes from
                                              January 23, 2018. As a result, the revised deadline                                                           Mexico: Notice of No Sales, dated November 15,
                                                                                                         One of the companies under review,
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                                              for the preliminary results became October 3, 2018.                                                           2017. See also Memorandum, ‘‘Heavy Walled
                                                3 For a complete description of the scope of the      Tuberia Nacional S.A. de C.V. (TUNA),                 Rectangular Welded Carbon Steel Pipes and Tubes
                                              Order, see Memorandum, ‘‘Decision Memorandum            properly filed a statement reporting that             from Mexico,’’ dated September 27, 2018.
                                              for the Preliminary Results of the 2016–2017            it made no shipments of subject                          5 This rate is based on the rates for the

                                              Administrative Review of the Antidumping Duty           merchandise to the United States during               respondents that were selected for individual
                                              Order on Heavy Walled Rectangular Welded Carbon                                                               review, excluding rates that are zero, de minimis or
                                              Steel Pipes and Tubes from Mexico,’’ dated
                                                                                                      the POR. Based on the certification                   based entirely on facts available. See section
                                              concurrently with, and hereby adopted by, this          submitted by TUNA and our analysis of                 735(c)(5)(A) of the Act.
                                              notice (Preliminary Decision Memorandum).               U.S. Customs and Border Protection                       6 See 19 CFR 351.224(b).




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                                              50890                      Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices

                                              Interested parties may submit case briefs               report entered value, we calculated the               which case the cash deposit rate will be
                                              to Commerce no later than 30 days after                 entered value in order to calculate the               zero; (2) for previously investigated
                                              the date of publication of this notice.7                assessment rate. Where either the                     companies not participating in this
                                              Rebuttal briefs, limited to issues raised               respondent’s weighted-average dumping                 review, the cash deposit will continue
                                              in the case briefs, may be filed no later               margin is zero or de minimis within the               to be the company-specific rate
                                              than five days after the time limit for                 meaning of 19 CFR 351.106(c)(1), or an                published for the most recently
                                              filing case briefs.8 Parties who submit                 importer-specific rate is zero or de                  completed segment; (3) if the exporter is
                                              case briefs or rebuttal briefs in this                  minimis, we will instruct CBP to                      not a firm covered in this review, or the
                                              proceeding are encouraged to submit                     liquidate the appropriate entries                     original less-than-fair-value (LTFV)
                                              with each argument: (1) A statement of                  without regard to antidumping duties.                 investigation, but the manufacturer is,
                                              the issue; (2) a brief summary of the                   We intend to instruct CBP to take into                the cash deposit rate will be the rate
                                              argument; and (3) a table of authorities.9              account the ‘‘provisional measures                    established for the most recent segment
                                              Case and rebuttal briefs should be filed                deposit cap,’’ in accordance with 19                  for the manufacturer of the
                                              using ACCESS.10                                         CFR 351.212(d).                                       merchandise; and (4) the cash deposit
                                                 Pursuant to 19 CFR 351.310(c),                          For the companies which were not                   rate for all other manufacturers or
                                              interested parties who wish to request a                selected for individual review, we will               exporters will continue to be 4.91
                                              hearing must submit a written request to                assign an assessment rate based on the                percent, the all-others rate made
                                              the Assistant Secretary for Enforcement                 average 14 of the cash deposit rates                  effective by the LTFV investigation.16
                                              and Compliance, filed electronically via                calculated for Maquilacero and                        These deposit requirements, when
                                              ACCESS. An electronically-filed                         Prolamsa, excluding any which are de                  imposed, shall remain in effect until
                                              document must be received successfully                  minimis or determined entirely on                     further notice.
                                              in its entirety by ACCESS by 5 p.m.                     adverse facts available. The final results
                                                                                                      of this review shall be the basis for the             Notification to Importers
                                              Eastern Time within 30 days after the
                                              date of publication of this notice.11                   assessment of antidumping duties on                     This notice also serves as a
                                              Hearing requests should contain: (1) The                entries of merchandise covered by the                 preliminary reminder to importers of
                                              party’s name, address, and telephone                    final results of this review and for future           their responsibility under 19 CFR
                                              number; (2) the number of participants;                 deposits of estimated duties, where                   351.402(f) to file a certificate regarding
                                              and (3) a list of issues to be discussed.               applicable.                                           the reimbursement of antidumping
                                              Issues raised in the hearing will be                       Commerce’s ‘‘automatic assessment’’                duties prior to liquidation of the
                                                                                                      practice will apply to entries of subject             relevant entries during this review
                                              limited to issues raised in the briefs. If
                                                                                                      merchandise during the POR produced                   period. Failure to comply with this
                                              a request for a hearing is made, parties
                                                                                                      by companies included in these final                  requirement could result in Commerce’s
                                              will be notified of the time and date for
                                                                                                      results of review for which the reviewed              presumption that reimbursement of
                                              the hearing to be held at the U.S.
                                                                                                      companies did not know that the                       antidumping duties occurred and the
                                              Department of Commerce, 1401
                                                                                                      merchandise they sold to the                          subsequent assessment of double
                                              Constitution Avenue NW, Washington,
                                                                                                      intermediary (e.g., a reseller, trading               antidumping duties.
                                              DC 20230.12                                                                                                     We are issuing and publishing these
                                                                                                      company, or exporter) was destined for
                                                 Commerce intends to issue the final                                                                        results in accordance with sections
                                                                                                      the United States. In such instances, we
                                              results of this administrative review,                                                                        751(a)(1) and 777(i)(1) of the Act and 19
                                                                                                      will instruct CBP to liquidate
                                              including the results of its analysis                                                                         CFR 351.221(b)(4).
                                                                                                      unreviewed entries at the all-others rate
                                              raised in any written briefs, not later
                                                                                                      if there is no rate for the intermediate                Dated: October 3, 2018.
                                              than 120 days after the publication date
                                                                                                      company(ies) involved in the                          Gary Taverman,
                                              of this notice, pursuant to section                     transaction.15
                                              751(a)(3)(A) of the Act, unless otherwise                                                                     Deputy Assistant Secretary for Antidumping
                                                                                                         We intend to issue liquidation                     and Countervailing Duty Operations,
                                              extended.13                                             instructions to CBP 15 days after                     performing the non-exclusive functions and
                                              Assessment Rates                                        publication of the final results of this              duties of the Assistant Secretary for
                                                                                                      review.                                               Enforcement and Compliance.
                                                Upon completion of the
                                              administrative review, Commerce shall                   Cash Deposit Requirements                             Appendix
                                              determine, and CBP shall assess,                           The following deposit requirements
                                              antidumping duties on all appropriate                                                                         List of Topics Discussed in the Preliminary
                                                                                                      will be effective for all shipments of the            Decision Memorandum
                                              entries.                                                subject merchandise entered, or
                                                Pursuant to 19 CFR 351.212(b)(1),                                                                           I. Summary
                                                                                                      withdrawn from warehouse, for                         II. Background
                                              where Maquilacero and Prolamsa                          consumption on or after the publication               III. Scope of the Order
                                              reported the entered value for their U.S.               date of the final results of this                     IV. Discussion of the Methodology
                                              sales, we calculated importer-specific                  administrative review, as provided by                    a. Determination of the Comparison
                                              ad valorem duty assessment rates based                  section 751(a)(2)(C) of the Act: (1) The                    Method
                                              on the ratio of the total amount of                     cash deposit rate for the exporters listed               b. Results of the Differential Pricing
                                              dumping calculated for the examined                     above will be that established in the                       Analysis
                                              sales to the total entered value of the                                                                          c. Product Comparisons
                                                                                                      final results of this review, except if the
                                              sales for which entered value was                                                                                d. Export Price/Constructed Export Price
                                                                                                      rate is less than 0.50 percent and,                      e. Normal Value
                                              reported. Where the respondents did not                 therefore, de minimis within the                         i. Home Market Viability
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                      meaning of 19 CFR 351.106(c)(1), in                      ii. Affiliated-Party Transactions and Arm’s-
                                                7 See 19 CFR 351.309(c).
                                                8 See
                                                                                                                                                                  Length Test
                                                      19 CFR 351.309(d).                                14 This rate will be calculated as discussed in
                                                9 See 19 CFR 351.309(c)(2) and (d)(2).
                                                                                                      footnote 4, above.                                      16 See Heavy Walled Rectangular Welded Carbon
                                                10 See 19 CFR 351.303.
                                                                                                        15 For a full discussion of this practice, see
                                                                                                                                                            Steel Pipes and Tubes from the Republic of Korea,
                                                11 See 19 CFR 351.310(c).
                                                                                                      Antidumping and Countervailing Duty Proceedings:      Mexico, and the Republic of Turkey: Antidumping
                                                12 See 19 CFR 351.310(d).
                                                                                                      Assessment of Antidumping Duties, 68 FR 23954         Duty Orders, 81 FR 62865, 62867 (September 13,
                                                13 See Section 751(a)(3)(A) of the Act.               (May 6, 2003).                                        2016).



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                                                                        Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices                                                     50891

                                                iii. Level of Trade                                   a complete description of the events that              Preliminary Results of the Review
                                                iv. Cost of Production Analysis                       followed the initiation of this
                                                1. Cost Averaging Methodology                                                                                  As a result of this review, we
                                                                                                      administrative review, see the                         preliminarily determine that the
                                                2. Calculation of COP                                 Preliminary Decision Memorandum.3
                                                3. Test of Comparison Market Sales Prices                                                                    following estimated countervailable
                                                4. Results of the COP Test                            Scope of the Order                                     subsidy rate exists:
                                                v. Calculation of Normal Value Based on
                                                   Comparison Market Prices                             The products covered by the order are                          Company                 Subsidy rate
                                                vi. Calculation of Normal Value Based on              narrow woven ribbons with woven
                                                   Constructed Value                                  selvedge from China. For a complete                    Yama Ribbons and Bows          23.70 percent.
                                              V. Currency Conversion                                  description of the scope of this                         Co., Ltd.
                                              VI. Recommendation                                      administrative review, see the
                                              [FR Doc. 2018–21985 Filed 10–9–18; 8:45 am]             Preliminary Decision Memorandum.4                      Assessment Rates
                                              BILLING CODE 3510–DS–P
                                                                                                      Methodology                                              Upon issuance of the final results,
                                                                                                                                                             Commerce shall determine, and U.S.
                                                                                                        Commerce is conducting this                          Customs and Border Protection (CBP)
                                              DEPARTMENT OF COMMERCE                                  countervailing duty (CVD) review in                    shall assess, countervailing duties on all
                                                                                                      accordance with section 751(a)(1)(A) of                appropriate entries covered by this
                                              International Trade Administration
                                                                                                      the Tariff Act of 1930, as amended (the                review. We intend to issue assessment
                                              [C–570–953]                                             Act). For each of the subsidy programs                 instructions to CBP 15 days after
                                                                                                      found countervailable, Commerce                        publication of the final results of this
                                              Narrow Woven Ribbons With Woven                         preliminarily determines that there is a               review.
                                              Selvedge From the People’s Republic                     subsidy, i.e., a financial contribution by
                                              of China: Preliminary Results of                        an ‘‘authority’’ that gives rise to a                  Cash Deposit Requirements
                                              Countervailing Duty Administrative                      benefit to the recipient, and that the                   Pursuant to section 751(a)(2)(C) of the
                                              Review; 2016                                            subsidy is specific.5 For a full                       Act, Commerce also intends to instruct
                                              AGENCY:  Enforcement and Compliance,                    description of the methodology                         CBP to collect cash deposits of
                                              International Trade Administration,                     underlying our preliminary conclusions,                estimated countervailing duties in the
                                              Department of Commerce.                                 including our reliance, in part, on                    amount indicated above. For all non-
                                                                                                      adverse facts available pursuant to                    reviewed firms, we will instruct CBP to
                                              SUMMARY: The Department of Commerce
                                                                                                      sections 776(a) and (b) of the Act, see                collect cash deposits of estimated
                                              (Commerce) preliminarily determines                                                                            countervailing duties at the most recent
                                                                                                      the Preliminary Decision
                                              that countervailable subsidies have been                                                                       company-specific or all-others rate
                                                                                                      Memorandum.6 The Preliminary
                                              provided to producers and exporters of                                                                         applicable to the company, as
                                                                                                      Decision Memorandum is a public
                                              narrow woven ribbons with woven                                                                                appropriate. These cash deposit
                                                                                                      document and is on file electronically
                                              selvedge from the People’s Republic of                                                                         requirements, when imposed, shall
                                                                                                      via Enforcement and Compliance’s
                                              China (China). The period of review                                                                            remain in effect until further notice.
                                                                                                      Antidumping and Countervailing Duty
                                              (POR) is January 1, 2016, through
                                                                                                      Centralized Electronic Service System                  Disclosure and Public Comment
                                              December 31, 2016. Interested parties
                                                                                                      (ACCESS). ACCESS is available to
                                              are invited to comment on these                                                                                   Commerce intends to disclose to
                                                                                                      registered users at http://
                                              preliminary results.                                                                                           interested parties the calculations and
                                                                                                      access.trade.gov, and is available to all
                                              DATES: Applicable October 10, 2018.                     parties in the Central Records Unit,                   analysis performed in connection with
                                              FOR FURTHER INFORMATION CONTACT:                        Room B8024 of the main Department of                   this preliminary results within five days
                                              Terre Keaton Stefanova or Maria                         Commerce building. In addition, a                      of publication of this notice in the
                                              Tatarska, AD/CVD Operations, Office II,                 complete version of the Preliminary                    Federal Register.7 Case briefs or other
                                              Enforcement and Compliance,                             Decision Memorandum can be accessed                    written comments may be submitted to
                                              International Trade Administration,                     directly at http://enforcement.trade.gov/              the Assistant Secretary for Enforcement
                                              U.S. Department of Commerce, 1401                       frn/. The signed and electronic versions               and Compliance no later than 30 days
                                              Constitution Avenue NW, Washington,                     of the Preliminary Decision                            after publication of the preliminary
                                              DC 20230; telephone: (202) 482–1280 or                  Memorandum are identical in content.                   results.8 Rebuttal briefs, limited to
                                              (202) 482–1562.                                                                                                issues raised in case briefs, may be
                                              SUPPLEMENTARY INFORMATION:                              its discretion to toll all deadlines affected by the
                                                                                                                                                             submitted no later than five days after
                                                                                                      closure of the Federal Government from January 20      the deadline for filing case briefs.9
                                              Background                                              through January 22, 2018. See Memorandum,              Parties who submit case briefs or
                                                                                                      ‘‘Deadlines Affected by the Shutdown of the            rebuttal briefs in this administrative
                                                Commerce published the notice of                      Federal Government,’’ dated January 23, 2018. As
                                              initiation of this administrative review                a result, the revised deadline for the preliminary
                                                                                                                                                             review are encouraged to submit with
                                              on November 13, 2017.1 On April 30,                     results became October 3, 2018.                        each argument: (1) A statement of the
                                              2018, Commerce postponed the                               3 See Memorandum, ‘‘Decision Memorandum for         issue; (2) a brief summary of the
                                              preliminary results of this                             the Preliminary Results of 2016 Countervailing         argument; and (3) a table of
                                                                                                      Duty Administrative Review: Narrow Woven               authorities.10
                                              administrative review and the revised                   Ribbons with Woven Selvedge from the People’s
                                              deadline is now October 3, 2018.2 For                   Republic of China,’’ dated concurrently with, and
                                                                                                                                                                Interested parties who wish to request
                                                                                                      hereby adopted by, this notice (Preliminary            a hearing, limited to issues raised in the
                                                                                                                                                             case and rebuttal briefs, must do so
amozie on DSK3GDR082PROD with NOTICES1




                                                1 See Initiation of Antidumping and                   Decision Memorandum).
                                              Countervailing Duty Administrative Reviews, 82 FR          4 Id.
                                                                                                                                                             within 30 days of publication of these
                                              52268 (November 13, 2017).                                 5 See sections 771(5)(B) and (D) of the Act
                                                                                                                                                             preliminary results by submitting a
                                                2 See Memorandum, ‘‘Narrow Woven Ribbons              regarding financial contribution; section 771(5)(E)
                                              with Woven Selvedge from the People’s Republic of       of the Act regarding benefit; and section 771(5A) of
                                                                                                                                                              7 See 19 CFR 351.224(b).
                                              China: Extension of Deadline for Preliminary            the Act regarding specificity.
                                                                                                                                                              8 See 19 CFR 351.309(c)(l)(ii).
                                              Results of 2016 Countervailing Duty Administrative         6 A list of topics discussed in the Preliminary
                                                                                                                                                              9 See 19 CFR 351.309(d).
                                              Review,’’ dated April 30, 2018. In this                 Decision Memorandum can be found at the
                                              memorandum, we noted that Commerce exercised            Appendix to this notice.                                10 See 19 CFR 351.309(c)(2) and (d)(2).




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Document Created: 2018-10-10 17:37:39
Document Modified: 2018-10-10 17:37:39
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 October 10, 2018.
ContactBlaine Wiltse or David Crespo, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6345 or (202) 482-3693, respectively.
FR Citation83 FR 50888 

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