83 FR 53451 - Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Notice of Amended Final Results of Antidumping Duty Administrative Review Pursuant to Settlement; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 205 (October 23, 2018)

On June 13, 2017, the Department of Commerce (Commerce) published the final results of the administrative review of the antidumping duty order on certain circular welded non-alloy steel pipe from Mexico. Maquilacero, S.A. de C.V. (Maquilacero) filed a request for panel review under the North American Free Trade Agreement (NAFTA) challenging Commerce's Final Results. Maquilacero and Commerce have reached an agreement for settlement of the dispute, which is implemented by these amended final results.

[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Notices]
[Pages 53451-53452]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23053]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-805]


Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Notice 
of Amended Final Results of Antidumping Duty Administrative Review 
Pursuant to Settlement; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 13, 2017, the Department of Commerce (Commerce) 
published the final results of the administrative review of the 
antidumping duty order on certain circular welded non-alloy steel pipe 
from Mexico. Maquilacero, S.A. de C.V. (Maquilacero) filed a request 
for panel review under the North American Free Trade Agreement (NAFTA) 
challenging Commerce's Final Results. Maquilacero and Commerce have 
reached an agreement for settlement of the dispute, which is 
implemented by these amended final results.

DATES: Applicable October 23, 2018.

FOR FURTHER INFORMATION CONTACT: Mark Flessner or Erin Kearney, AD/CVD

[[Page 53452]]

Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6312 and (202) 482-0167, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 13, 2017, the Department of Commerce (Commerce) published 
the Final Results of its administrative review of the antidumping duty 
order \1\ on certain circular welded non-alloy steel pipe from 
Mexico.\2\ The period of review (POR) is November 1, 2014, through 
October 31, 2015. Commerce conducted an administrative review of 
mandatory respondents Maquilacero and Regiomontana de Perfiles y Tubos, 
S.A. de C.V./PYTCO, S.A. de C.V. (Regiopytsa),\3\ and non-selected 
respondents Conduit, S.A. de C.V. (Conduit), Productos Laminados de 
Monterrey, S.A. de C.V. (Prolamsa), and Ternium Mexico, S.A. de C.V. 
(Ternium).\4\ In the Final Results, Commerce found that there were 
entries of in-scope merchandise produced and/or exported by 
Maquilacero, S.A. de C. V. (Maquilacero) during the POR and calculated 
a 7.32 percent ad valorem margin for those entries. However, Commerce 
also stated its intent to ``adjust the assessment rate for. . . certain 
entries of subject merchandise produced and/or exported by Maquilacero 
. . . to account for the total amount of duties that would have been 
collected on {Maquilacero's{time}  full universe of U.S. sales.'' \5\
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    \1\ See Notice of Antidumping Duty Orders: Certain Circular 
Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea 
(Korea), Mexico, and Venezuela and Amendment to Final Determination 
of Sales at Less Than Fair Value: Certain Welded Non-Alloy Steel 
Pipe from Korea, 57 FR 49453 (November 2, 1992) (the Order).
    \2\ See Certain Circular Welded Non-Alloy Steel Pipe from 
Mexico; Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2014-2015, 82 FR 27039 (June 
13, 2017) (Final Results).
    \3\ We treated Regiomontana de Perfiles y Tubos, S.A. de C.V., 
and PYTCO, S.A. de C.V., as a single entity for the Final Results; 
this remains unchanged in these amended final results.
    \4\ Three additional companies were subject to review but were 
determined to have had no shipments of subject merchandise into the 
United States during the POR in the Final Results; that 
determination is unchanged in these amended final results.
    \5\ See Final Results, 82 FR at 27040.
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    On July 12, 2017, Maquilacero timely filed a request for a for a 
NAFTA panel review challenging Commerce's Final Results. Subsequent to 
Maquilacero's request for this NAFTA panel review, Commerce determined 
that certain of Maquilacero's tubing products reported during the 2014-
2015 administrative review are not within the scope of the Order.\6\
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    \6\ See Certain Welded Non-Alloy Steel Pipe from Mexico: Notice 
of Court Decision Not in Harmony With Final Scope Ruling and Notice 
of Amended Final Scope Ruling Pursuant to Court Decision, 83 FR 7153 
(February 20, 2018); see also memorandum of final scope ruling re: 
176 types of non-galvanized tubing produced to ASTM A-513 
specifications by Maquilacero, dated June 18, 2018.
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    The United States and Maquilacero have now entered into an 
agreement to settle this dispute. The NAFTA Secretariat terminated the 
panel review with an effective completion date of October 11, 2018.

Assessment Rates

    Commerce shall determine, and CBP shall assess, antidumping duties 
on all appropriate entries covered by this review pursuant to section 
751(a)(2)(C) of the Tariff Act of 1930, as amended, and 19 CFR 
351.212(b). Commerce intends to issue assessment instructions to CBP 
within 7 days after the date of publication of these amended final 
results of review in the Federal Register.
    Commerce will instruct CBP to apply an ad valorem assessment rate 
of 7.32 percent to all entries of subject merchandise during the POR 
which were produced and/or exported, and imported, by Maquilacero. 
Commerce will further instruct CBP that certain entries for which 
suspension of liquidation continued may be of merchandise determined to 
be out of the scope of the antidumping duty order on circular welded 
non-alloy steel pipe from Mexico, and that CBP should liquidate those 
entries without regard to duties, as previously instructed.
    The ad valorem assessment rates for all entries of subject 
merchandise during the POR which were produced and/or exported by 
Regiopytsa, Conduit, Prolamsa, and Ternium remain unchanged from the 
Final Results.

Cash Deposit Requirements

    Because a new cash deposit rate has been calculated for Maquilacero 
in a subsequent administrative review,\7\ Commerce will not instruct 
CBP to change the cash deposit rate for Maquilacero.
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    \7\ See Certain Circular Welded Non-Alloy Steel Pipe from 
Mexico: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2015-2016, 83 FR 23886 (May 23, 
2018).
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Notification to Importers

    This notice also serves as a final 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 the Secretary's presumption that 
reimbursement of antidumping duties occurred, and the subsequent 
assessment of double antidumping duties.
    We are issuing this determination and publishing these amended 
final results of antidumping duty administrative review pursuant to 
settlement.

    Dated: October 17, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-23053 Filed 10-22-18; 8:45 am]
 BILLING CODE 3510-DS-P