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)
International Trade Administration
Federal Register Volume 83, Issue 205 (October 23, 2018)
| Page Range | 53451-53452 | |
| FR Document | 2018-23053 |
[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] ----------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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
![Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices 53451
DEPARTMENT OF COMMERCE Partial Rescission of Review result in the presumption that
Pursuant to 19 CFR 351.213(d)(1), reimbursement of antidumping duties
International Trade Administration Commerce will rescind an and/or countervailing duties occurred
administrative review, in whole or in and the subsequent assessment of
[A–428–844] part, if a party that requested a review double antidumping duties.
withdraws its request within 90 days of Notification Regarding Administrative
Carbon and Alloy Steel Cut-to-Length the date of publication of notice of Protective Order
Plate From Germany: Partial initiation of the requested review. VDM
Rescission of Antidumping Duty This notice serves as the only
withdrew its requests for an reminder to parties subject to
Administrative Review; 2016–2018 administrative review within 90 days of administrative protective order (APO) of
AGENCY: Enforcement and Compliance, the date of publication of the Initiation their responsibility concerning the
International Trade Administration, Notice.3 Accordingly, Commerce is disposition of proprietary information
Department of Commerce. rescinding this review, in part, with disclosed under APO in accordance
SUMMARY: The Department of Commerce
respect to VDM Metals GmbH and VDM with 19 CFR 351.305(a)(3). Timely
(Commerce) is partially rescinding its Metals International GmbH, in written notification of return/
administrative review of the accordance with 19 CFR 353.213(d)(1). destruction of APO materials or
The instant review will continue with conversion to judicial protective order is
antidumping duty (AD) order on carbon
respect to the following companies: AG hereby requested. Failure to comply
and alloy steel cut-to-length plate (CTL
der Dillinger Hüttenwerke; Perficon with the regulations and the terms of an
plate) from Germany for the period of
Steel GmbH; Reiner Brach GmbH & Co. APO is a sanctionable violation. This
review (POR) November 14, 2016,
KG; Rudolf Rafflenbeul notice is issued and published in
through April 30, 2018.
Stahlwarenfabrik GmbH & Co; accordance with sections 751(a)(1) and
DATES: Applicable October 23, 2018. Ilsenburger Grobblech GmbH, Salzgitter 777(i)(1) of the Act, and 19 CFR
FOR FURTHER INFORMATION CONTACT: Ross Mannesmann Grobblech GmbH, 351.213(d)(4).
Belliveau, Enforcement and Salzgitter Flachstahl GmbH, and
Salzgitter Mannesmann International Dated: October 17, 2018.
Compliance, International Trade
GmbH (collectively, Salzgitter); Tenova James Maeder,
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue (TAKRAF GmbH Lauchhammer); Associate Deputy Assistant Secretary for
ThyssenKrupp Steel Europe AG; Antidumping and Countervailing Duty
NW, Washington, DC 20230; telephone: Operations performing the duties of Deputy
(202) 482–4952. ThyssenKrupp Schulte GmbH; UPC
Assistant Secretary for Antidumping and
Universal Piping GmbH; and VETTER Countervailing Duty Operations.
SUPPLEMENTARY INFORMATION:
Umformtechnik GmbH.
[FR Doc. 2018–23051 Filed 10–22–18; 8:45 am]
Background
Assessment BILLING CODE 3510–DS–P
On May 1, 2018, Commerce published Commerce will instruct U.S. Customs
in the Federal Register a notice of and Border Protection (CBP) to assess
‘‘Opportunity to Request Administrative DEPARTMENT OF COMMERCE
antidumping duties on all appropriate
Review’’ of the antidumping duty order entries. For the companies for which
on CTL plate from Germany for the International Trade Administration
this review is rescinded, antidumping
POR.1 In May 2018, Commerce received duties shall be assessed at rates equal to [A–201–805]
multiple timely requests to conduct an the cash deposit of estimated
administrative review of the Certain Circular Welded Non-Alloy
antidumping duties required at the time
antidumping duty order on CTL plate Steel Pipe From Mexico: Notice of
of entry, or withdrawal from warehouse,
from Germany. Amended Final Results of
for consumption, during the period
On July 12, 2018, in accordance with Antidumping Duty Administrative
November 14, 2016, through April 30,
section 751(a) of the Tariff Act of 1930, Review Pursuant to Settlement; 2014–
2018, in accordance with 19 CFR
as amended (the Act), Commerce 2015
351.212(c)(1)(i). Commerce intends to
published in the Federal Register a issue appropriate assessment AGENCY: Enforcement and Compliance,
notice of initiation of an administrative instructions directly to CBP 15 days International Trade Administration,
review of the AD order.2 The after the date of publication of this Department of Commerce.
administrative review was initiated with notice in the Federal Register. SUMMARY: On June 13, 2017, the
respect to 15 companies and covers the Department of Commerce (Commerce)
period November 14, 2016, through Notification to Importers published the final results of the
April 30, 2018. Subsequent to the This notice serves as the only administrative review of the
initiation of the administrative review, reminder to importers whose entries antidumping duty order on certain
VDM Metals GmbH and VDM Metals will be liquidated as a result of this circular welded non-alloy steel pipe
International GmbH (collectively, VDM), rescission notice, of their responsibility from Mexico. Maquilacero, S.A. de C.V.
an interested party, timely withdrew its under 19 CFR 351.402(f)(2) to file a (Maquilacero) filed a request for panel
request for review, as discussed below. certificate regarding the reimbursement review under the North American Free
of antidumping duties and/or Trade Agreement (NAFTA) challenging
1 See Antidumping or Countervailing Duty Order, countervailing duties prior to Commerce’s Final Results. Maquilacero
khammond on DSK30JT082PROD with NOTICES
Finding, or Suspended Investigation; Opportunity liquidation of the relevant entries and Commerce have reached an
to Request Administrative Review, 83 FR 19047
(May 1, 2018).
during this review period. Failure to agreement for settlement of the dispute,
2 See Initiation of Antidumping and comply with this requirement may which is implemented by these
Countervailing Duty Administrative Reviews, 83 FR amended final results.
32270 (July 12, 2018) (Initiation Notice); see also 3 See Letter from VDM, ‘‘Re: Carbon and Alloy
DATES: Applicable October 23, 2018.
Initiation of Antidumping and Countervailing Duty Steel Cut-to-Length Plate from Germany:
Administrative Reviews, 83 FR 39688, 39690 Withdrawal of Review Request for VDM,’’ dated FOR FURTHER INFORMATION CONTACT:
(August 10, 2018). August 8, 2018. Mark Flessner or Erin Kearney, AD/CVD
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![53452 Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices
Operations, Office VI, Enforcement and Maquilacero’s tubing products reported to file a certificate regarding the
Compliance, International Trade during the 2014–2015 administrative reimbursement of antidumping duties
Administration, U.S. Department of review are not within the scope of the prior to liquidation of the relevant
Commerce, 1401 Constitution Avenue Order.6 entries during this review period.
NW, Washington, DC 20230; telephone: The United States and Maquilacero Failure to comply with this requirement
(202) 482–6312 and (202) 482–0167, have now entered into an agreement to could result in the Secretary’s
respectively. settle this dispute. The NAFTA presumption that reimbursement of
SUPPLEMENTARY INFORMATION:
Secretariat terminated the panel review antidumping duties occurred, and the
with an effective completion date of subsequent assessment of double
Background October 11, 2018. antidumping duties.
On June 13, 2017, the Department of We are issuing this determination and
Assessment Rates
Commerce (Commerce) published the publishing these amended final results
Commerce shall determine, and CBP of antidumping duty administrative
Final Results of its administrative
shall assess, antidumping duties on all review pursuant to settlement.
review of the antidumping duty order 1
appropriate entries covered by this
on certain circular welded non-alloy Dated: October 17, 2018.
review pursuant to section 751(a)(2)(C)
steel pipe from Mexico.2 The period of Christian Marsh,
of the Tariff Act of 1930, as amended,
review (POR) is November 1, 2014, Deputy Assistant Secretary for Enforcement
and 19 CFR 351.212(b). Commerce
through October 31, 2015. Commerce and Compliance.
intends to issue assessment instructions
conducted an administrative review of [FR Doc. 2018–23053 Filed 10–22–18; 8:45 am]
to CBP within 7 days after the date of
mandatory respondents Maquilacero BILLING CODE 3510–DS–P
publication of these amended final
and Regiomontana de Perfiles y Tubos,
results of review in the Federal
S.A. de C.V./PYTCO, S.A. de C.V.
Register.
(Regiopytsa),3 and non-selected DEPARTMENT OF COMMERCE
Commerce will instruct CBP to apply
respondents Conduit, S.A. de C.V.
an ad valorem assessment rate of 7.32 International Trade Administration
(Conduit), Productos Laminados de
percent to all entries of subject
Monterrey, S.A. de C.V. (Prolamsa), and [A–552–823]
merchandise during the POR which
Ternium Mexico, S.A. de C.V.
were produced and/or exported, and
(Ternium).4 In the Final Results, Laminated Woven Sacks From the
imported, by Maquilacero. Commerce
Commerce found that there were entries Socialist Republic of Vietnam:
will further instruct CBP that certain
of in-scope merchandise produced and/ Postponement of Final Determination
entries for which suspension of
or exported by Maquilacero, S.A. de C. of Sales at Less Than Fair Value
liquidation continued may be of
V. (Maquilacero) during the POR and Investigation
merchandise determined to be out of the
calculated a 7.32 percent ad valorem
scope of the antidumping duty order on AGENCY: Enforcement and Compliance,
margin for those entries. However,
circular welded non-alloy steel pipe International Trade Administration,
Commerce also stated its intent to
from Mexico, and that CBP should Department of Commerce.
‘‘adjust the assessment rate for. . .
liquidate those entries without regard to SUMMARY: The Department of Commerce
certain entries of subject merchandise
duties, as previously instructed. (Commerce) is postponing the deadline
produced and/or exported by
The ad valorem assessment rates for for issuing the final determination in the
Maquilacero . . . to account for the total
all entries of subject merchandise less-than-fair-value (LTFV) investigation
amount of duties that would have been
during the POR which were produced
collected on {Maquilacero’s} full of laminated woven sacks (LWS) from
and/or exported by Regiopytsa, Conduit, the Socialist Republic of Vietnam
universe of U.S. sales.’’ 5
Prolamsa, and Ternium remain (Vietnam) until February 25, 2019, and
On July 12, 2017, Maquilacero timely
unchanged from the Final Results. is extending the provisional measures
filed a request for a for a NAFTA panel
review challenging Commerce’s Final Cash Deposit Requirements from a four-month period to a period of
Results. Subsequent to Maquilacero’s not more than six months.
Because a new cash deposit rate has
request for this NAFTA panel review, DATE: Applicable October 23, 2018.
been calculated for Maquilacero in a
Commerce determined that certain of subsequent administrative review,7 FOR FURTHER INFORMATION CONTACT:
Commerce will not instruct CBP to Drew Jackson or Celeste Chen, AD/CVD
1 See Notice of Antidumping Duty Orders: Certain
change the cash deposit rate for Operations, Office IV, Enforcement and
Circular Welded Non-Alloy Steel Pipe from Brazil,
the Republic of Korea (Korea), Mexico, and Maquilacero. Compliance, International Trade
Venezuela and Amendment to Final Determination Administration, U.S. Department of
of Sales at Less Than Fair Value: Certain Welded Notification to Importers Commerce, 1401 Constitution Avenue
Non-Alloy Steel Pipe from Korea, 57 FR 49453 NW, Washington, DC 20230; telephone:
(November 2, 1992) (the Order).
This notice also serves as a final
2 See Certain Circular Welded Non-Alloy Steel reminder to importers of their (202) 482–4406 or (202) 482–0890,
Pipe from Mexico; Final Results of Antidumping responsibility under 19 CFR 351.402(f) respectively.
Duty Administrative Review and Final SUPPLEMENTARY INFORMATION:
Determination of No Shipments; 2014–2015, 82 FR 6 See Certain Welded Non-Alloy Steel Pipe from
27039 (June 13, 2017) (Final Results). Mexico: Notice of Court Decision Not in Harmony Background
3 We treated Regiomontana de Perfiles y Tubos,
With Final Scope Ruling and Notice of Amended
S.A. de C.V., and PYTCO, S.A. de C.V., as a single Final Scope Ruling Pursuant to Court Decision, 83 On March 27, 2018, Commerce
khammond on DSK30JT082PROD with NOTICES
entity for the Final Results; this remains unchanged FR 7153 (February 20, 2018); see also memorandum initiated a LTFV investigation of
in these amended final results. of final scope ruling re: 176 types of non-galvanized imports of LWS from Vietnam.1 The
4 Three additional companies were subject to tubing produced to ASTM A–513 specifications by
review but were determined to have had no Maquilacero, dated June 18, 2018.
period of investigation is July 1, 2017,
shipments of subject merchandise into the United 7 See Certain Circular Welded Non-Alloy Steel through December 31, 2017. On October
States during the POR in the Final Results; that Pipe from Mexico: Final Results of Antidumping
determination is unchanged in these amended final Duty Administrative Review and Final 1 See Laminated Woven Sacks from the Socialist
results. Determination of No Shipments; 2015–2016, 83 FR Republic of Vietnam: Initiation of Less-Than-Fair-
5 See Final Results, 82 FR at 27040. 23886 (May 23, 2018). Value Investigation, 83 FR 14257 (April 3, 2018).
VerDate Sep<11>2014 20:20 Oct 22, 2018 Jkt 247001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\23OCN1.SGM 23OCN1](https://thefederalregister.org/doc/83_FR_53656/page/2.svg)
Document Created: 2018-10-23 04:14:25
Document Modified: 2018-10-23 04:14:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable October 23, 2018. | |
| Contact | Mark Flessner or Erin Kearney, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6312 and (202) 482-0167, respectively. | |
| FR Citation | 83 FR 53451 |
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