83 FR 54084 - Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Rescission of Antidumping Duty Administrative Review; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 208 (October 26, 2018)
International Trade Administration
Federal Register Volume 83, Issue 208 (October 26, 2018)
| Page Range | 54084-54086 | |
| FR Document | 2018-23454 |
[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)] [Notices] [Pages 54084-54086] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23454] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-201-805] Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Rescission of Antidumping Duty Administrative Review; 2016-2017 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding its administrative review of the antidumping duty order on certain circular welded non-alloy steel pipe from Mexico for the period of review (POR) November 1, 2016, through October 31, 2017. DATES: Applicable October 26, 2018. FOR FURTHER INFORMATION CONTACT: Mark Flessner, 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. SUPPLEMENTARY INFORMATION: Background On November 1, 2017, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the antidumping duty order \1\ on certain circular welded non-alloy steel pipe from Mexico for the POR.\2\ Commerce received a timely request from Wheatland Tube (the petitioner), in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(b), to conduct an administrative review of this antidumping duty order with respect to 25 companies.\3\ No other party submitted a request for administrative review. --------------------------------------------------------------------------- \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 Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 82 FR 50260 (November 1, 2017). \3\ See Petitioner Letter re: Certain Circular Welded Non-Alloy Steel Pipe from Mexico: Request for Administrative Review, dated November 30, 2017. --------------------------------------------------------------------------- On January 11, 2018, Commerce published in the Federal Register a notice of initiation with respect to 25 companies.\4\ Commerce stated in its initiation of this review that it intended to rely on U.S. Customs and Border Protection (CBP) data to select respondents.\5\ However, our review of the CBP data, with respect to the companies for which reviews were requested, showed no entries of certain circular welded non-alloy steel pipe originating in Mexico which were subject to antidumping (AD) duties during the POR.\6\ --------------------------------------------------------------------------- \4\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 1329 (January 11, 2018) (Initiation Notice), at 1330-1331. The 25 companies listed were: Acerorey; Arcelormittal Monterrey; Arco Metal; Fischer Mexicana; Forza Steel; Mach 1 Aero Servicios S De RL De Cv; Nacional De Acero; Nova Steel; Perfiles Y Herrajes; Precitubo; Procarsa; Productos Especializados De Acero; Productos Laminados de Monterrey, S.A. de C.V.; PYTCO, S.A. de C.V.; Regiomontana de Perfiles y Tubos, S.A. de C.V.; Rymco Conduit S.A. De C.V.; Swecomex S.A. De C.V.; Ternium Tuberia; Tubac; Tubacero; Tuberia Laguna; Tubesa; Tubos Omega; Tumex; and Villacero Tuna. \5\ See Initiation Notice, 83 FR at 1329. \6\ See Memorandum: ``Certain Circular Welded Non-Alloy Steel Pipe from Mexico, 2016-2017 Administrative Review: Placement of Customs and Border Protection (CBP) Information on the Record of this Administrative Review,'' dated February 15, 2018 (CBP Information Memorandum). --------------------------------------------------------------------------- Between January 17, 2018, and February 12, 2018, Tubacero S. de R.L. de C.V. (``Tubacero''); Lamina y Placa Comercial, S.A. de C.V. (``LYPCSA'') and its affiliate Tuberia Nacional, S.A. de C.V. (``TUNA''); \7\ Regiomontana de Perfiles y Tubos S.A. de C.V. (``Regiopytsa'') and its affiliate Pytco, S.A. de C.V. (``Pytco''); \8\ and Mach 1 Global Services, Inc. and its affiliate Mach 1 Aero Servicios S De RL de CV each timely submitted a certification of no shipments.\9\ On February 15, 2018, we placed on the record the results of our query of the CBP database and invited comment from interested parties.\10\ We received no comments. --------------------------------------------------------------------------- \7\ See Villacero Tuna Letter re: Circular Welded Non-Alloy Steel Pipe and Tube from Mexico: Notice of No Sales, dated January 26, 2018. \8\ See Regiopytsa/Pytco Letter re: Circular Welded Non-Alloy Steel Pipe from Mexico: No Shipment Notification, dated February 1, 2018. Commerce has collapsed Regiopytsa and Pytco in past segments of this proceeding. See, e.g., 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), at 27040. \9\ See Mach 1 Letter re: Certain Circular Welded Non-Alloy Steel Pipes and Tubes: Notice of no Exports, Sales, or Entries, dated February 12, 2018. \10\ See Memorandum: ``Certain Circular Welded Non-Alloy Steel Pipe from Mexico, 2016-2017 Administrative Review: Placement of Customs and Border Protection (CBP) Information on the Record of this Administrative Review,'' dated February 15, 2018 (CBP Information Memorandum). --------------------------------------------------------------------------- In accordance with our standard practice, we transmitted port inquiry messages to CBP requesting that any CBP import officer with information contrary to the statements of no shipments submitted by Lamina y Placa, TUNA, Tubacero, Villacero Tuna, Regiopytsa, Pytco, or Mach 1 report that information to Commerce.\11\ We received no information from CBP contrary to the statements of no shipments from Lamina y Placa, TUNA, Tubacero, Villacero Tuna, Pytco, or Mach 1. In addition, we received no comment from any party with regard to these port inquiry messages. --------------------------------------------------------------------------- \11\ See re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Mach 1 Aero Servicios S De RL De Cv (A-201-805), message number 8064304, dated March 5, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by PYTCO, S.A. de C.V. (A-201-805), message number 8064305, dated March 5, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Regiomontana de Perfiles y Tubos S.A. de C.V. (A-201- 805), message number 8064308, dated March 5, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Villacero Tuna (A-201-805), message number 8064307, dated March 5, 2018. --------------------------------------------------------------------------- On March 20, 2018, we placed on the record the CBP response to our port inquiry message for Regiopytsa, which showed certain entries, and invited comment from interested parties.\12\ We received no comments. Consequent to the CBP response to our port inquiry message for Regiopytsa, we requested the entry documents for the entries in question. On May 15, 2018, we placed the entry documents we received from CBP on the record, inviting interested parties to submit rebuttal factual information.\13\ On May 29, 2018, [[Page 54085]] Regiopytsa submitted rebuttal factual information and contended that the entries in question did not constitute subject merchandise.\14\ Specifically, Regiopytsa submitted a copy of Commerce's 2016 Regiopytsa Scope Ruling,\15\ and noted that the products in question had already been determined to be not within the scope of the Order.\16\ Moreover, Regiopytsa stated that it subsequently revised the categorization of these entries with CBP.\17\ We confirmed this revision of categorization with CBP. No party commented upon Regiopytsa's rebuttal factual information submission. --------------------------------------------------------------------------- \12\ See Memorandum: ``Certain Circular Welded Non-Alloy Steel Pipe from Mexico, 2016-2017 Administrative Review: Placement of Customs and Border Protection (CBP) Response to Port Inquiry on the Record of this Administrative Review,'' dated March 20, 2018. \13\ See Memorandum: ``Certain Circular Welded Non-Alloy Steel Pipe from Mexico, 2016-2017 Administrative Review: Placement of Customs and Border Protection (CBP) Entry Documents on the Record of this Administrative Review,'' dated May 15, 2018. \14\ See Regiopytsa Letter re: Circular Welded Non-Alloy Steel Pipe from Mexico, Rebuttal Factual Information, dated May 29, 2018 (Regiopytsa's rebuttal factual information submission). \15\ See Memorandum: ``Final Scope Ruling on Certain Black, Circular Tubing Produced to ASTM A-513 Specifications by Regiomontana de Perfiles y Tubos S.A. de C.V.,'' dated March 31, 2016 (Regiopytsa Scope Ruling), placed on the record of this administrative review as Exhibit 3 of Regiopytsa's rebuttal factual information submission. \16\ 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). \17\ See Regiopytsa's rebuttal factual information submission, at 1 and Exhibit 1. --------------------------------------------------------------------------- We subsequently transmitted additional port inquiry messages to CBP requesting that any CBP import officer with information of entries by the remaining 21 companies under review \18\ report that information to Commerce.\19\ We received no such information from CBP. We received no comment from any party with regard to these port inquiry messages. --------------------------------------------------------------------------- \18\ The 21 remaining companies under review for which we sent this second set of port inquiry messages were: Acerorey; Arcelormittal Monterrey; Arco Metal; Fischer Mexicana; Forza Steel; Nacional De Acero; Nova Steel; Perfiles Y Herrajes; Precitubo; Procarsa; Productos Especializados De Acero; Productos Laminados de Monterrey, S.A. de C.V.; Rymco Conduit S.A. De C.V.; Swecomex S.A. De C.V.; Ternium Tuberia; Tubac; Tubacero; Tuberia Laguna; Tubesa; Tubos Omega; and Tumex. \19\ See re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Acerorey (A-201-805), message number 8212314, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non- alloy steel pipe from Mexico produced and/or exported by Arcelormittal Monterrey (A-201-805), message number 8212315, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Arco Metal (A-201-805), message number 8212316, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Fischer Mexicana (A-201-805), message number 8212317, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Forza Steel (A-201-805), message number 8212318, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Nacional De Acero (A-201-805), message number 8212319, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Nova Steel (A-201-805), message number 8212320, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Perfiles Y Herrajes (A-201-805), message number 8212321, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Precitubo (A-201-805), message number 8212307, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Procarsa (A-201-805), message number 8212322, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Productos Especializados De Acero (A-201-805), message number 8212323, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Productos Laminados de Monterrey, S.A. de C.V. (A-201-805), message number 8212324, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Rymco Conduit S.A. De C.V. (A-201-805), message number 8212325, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Swecomex S.A. De C.V. (A-201-805), message number 8212326, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Ternium Tuberia (A-201-805), message number 8212327, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Tubac (A-201-805), message number 8212328, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Tubacero (A-201-805), message number 8212329, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Tuberia Laguna (A-201-805), message number 8212331, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Tubesa (A-201-805), message number 8212330, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Tubos Omega (A-201-805), message number 8212332, dated July 31, 2018; see also re: No shipments inquiry for certain circular welded non-alloy steel pipe from Mexico produced and/or exported by Tumex (A-201-805), message number 8212333, dated July 31, 2018. --------------------------------------------------------------------------- On August 29, 2018, we issued a memorandum stating that, because the CBP data showed that there are no suspended entries of subject merchandise from any of the companies subject to this review upon which to assess duties, we intended to rescind this review.\20\ We invited parties to comment on this memorandum, but did not receive any comments. --------------------------------------------------------------------------- \20\ See Memorandum: ``Certain Circular Welded Non-Alloy Steel Pipe from Mexico: Intent to Rescind 2016-2017 Administrative Review,'' dated August 29, 2018. --------------------------------------------------------------------------- Rescission of Administrative Review It is Commerce's practice to rescind an administrative review pursuant to 19 CFR 351.213(d)(3) when there are no entries of subject merchandise during the POR subject to AD/CVD duties and for which liquidation is suspended.\21\ At the end of the administrative review, the suspended entries are liquidated at the assessment rate computed for the review period.\22\ Therefore, for an administrative review to be conducted, there must be a reviewable, suspended entry to be liquidated at the newly calculated assessment rate. Because the CBP data showed that there are no suspended entries of subject merchandise from any of the companies subject to this review upon which to assess duties, we are rescinding this review of the antidumping duty order on certain circular welded non-alloy steel pipe from Mexico for the period of review (POR) November 1, 2016, through October 31, 2017, in its entirety, pursuant to 19 CFR 351.213(d)(3). --------------------------------------------------------------------------- \21\ See, e.g., Certain Preserved Mushrooms from India: Notice of Rescission of Antidumping Duty Administrative Review, 79 FR 52300 (September 3, 2014); see also Certain Frozen Warmwater Shrimp from Brazil: Notice of Rescission of Antidumping Duty Administrative Review; 2012-2013, 78 FR 30272 (May 22, 2013); see also Solid Fertilizer Grade Ammonium Nitrate from the Russian Federation: Notice of Rescission of Antidumping Duty Administrative Review, 77 FR 65532 (October 29, 2012); see also Certain Hot-Rolled Carbon Steel Flat Products from India: Final Results of Antidumping Duty Administrative Review, 76 FR 42679 (July 19, 2011); see also Certain Cut-to-Length Carbon-Quality Steel Plate Products from Italy: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 71 FR 39299, 39302 (July 12, 2006). Commerce's practice of rescinding annual reviews when there are no entries of subject merchandise during the POR has been upheld by the Court of Appeals for the Federal Circuit, see Allegheny Ludlum Com. v. United States, 346 F.3d 1368 (Fed. Cir. 2003). \22\ See 19 CFR 351.212(b)(1); see also section 751(a)(2)(A) of the Act. --------------------------------------------------------------------------- Notification Regarding Administrative Protective Orders This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is published in accordance with section 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). [[Page 54086]] Dated: October 22, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2018-23454 Filed 10-25-18; 8:45 am] BILLING CODE 3510-DS-P
![54084 Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Notices
public presentation materials prior to circular welded non-alloy steel pipe Global Services, Inc. and its affiliate
the meeting to Ms. Springer via email. from Mexico for the POR.2 Commerce Mach 1 Aero Servicios S De RL de CV
The Assistant Secretary for received a timely request from each timely submitted a certification of
Administration, with the concurrence of Wheatland Tube (the petitioner), in no shipments.9 On February 15, 2018,
the delegate of the General Counsel, accordance with section 751(a) of the we placed on the record the results of
formally determined on August 24, Tariff Act of 1930, as amended (the Act), our query of the CBP database and
2018, pursuant to Section 10(d) of the and 19 CFR 351.213(b), to conduct an invited comment from interested
Federal Advisory Committee Act, as administrative review of this parties.10 We received no comments.
amended (5 U.S.C. app. 2 § (10)(d)), that antidumping duty order with respect to In accordance with our standard
the portion of the meeting dealing with 25 companies.3 No other party practice, we transmitted port inquiry
pre-decisional changes to the Commerce submitted a request for administrative messages to CBP requesting that any
Control List and U.S. export control review. CBP import officer with information
policies shall be exempt from the On January 11, 2018, Commerce contrary to the statements of no
provisions relating to public meetings published in the Federal Register a shipments submitted by Lamina y Placa,
found in 5 U.S.C. app. 2 §§ 10(a)(1) and notice of initiation with respect to 25 TUNA, Tubacero, Villacero Tuna,
10(a)(3). The remaining portions of the companies.4 Commerce stated in its Regiopytsa, Pytco, or Mach 1 report that
meeting will be open to the public. initiation of this review that it intended information to Commerce.11 We
For more information, call Yvette to rely on U.S. Customs and Border received no information from CBP
Springer at (202) 482·2813. Protection (CBP) data to select contrary to the statements of no
Yvette Springer,
respondents.5 However, our review of shipments from Lamina y Placa, TUNA,
the CBP data, with respect to the Tubacero, Villacero Tuna, Pytco, or
Committee Liaison Officer.
companies for which reviews were Mach 1. In addition, we received no
[FR Doc. 2018–23435 Filed 10–25–18; 8:45 am]
requested, showed no entries of certain comment from any party with regard to
BILLING CODE P circular welded non-alloy steel pipe these port inquiry messages.
originating in Mexico which were On March 20, 2018, we placed on the
subject to antidumping (AD) duties record the CBP response to our port
DEPARTMENT OF COMMERCE during the POR.6 inquiry message for Regiopytsa, which
International Trade Administration Between January 17, 2018, and showed certain entries, and invited
February 12, 2018, Tubacero S. de R.L. comment from interested parties.12 We
[A–201–805] de C.V. (‘‘Tubacero’’); Lamina y Placa received no comments. Consequent to
Comercial, S.A. de C.V. (‘‘LYPCSA’’) the CBP response to our port inquiry
Certain Circular Welded Non-Alloy and its affiliate Tuberia Nacional, S.A. message for Regiopytsa, we requested
Steel Pipe From Mexico: Rescission of de C.V. (‘‘TUNA’’); 7 Regiomontana de the entry documents for the entries in
Antidumping Duty Administrative Perfiles y Tubos S.A. de C.V. question. On May 15, 2018, we placed
Review; 2016–2017 (‘‘Regiopytsa’’) and its affiliate Pytco, the entry documents we received from
AGENCY: Enforcement and Compliance, S.A. de C.V. (‘‘Pytco’’); 8 and Mach 1 CBP on the record, inviting interested
International Trade Administration, parties to submit rebuttal factual
Department of Commerce. 2 See Antidumping or Countervailing Duty Order, information.13 On May 29, 2018,
Finding, or Suspended Investigation; Opportunity
SUMMARY: The Department of Commerce
to Request Administrative Review, 82 FR 50260
(Commerce) is rescinding its Final Determination of No Shipments; 2014–2015,
(November 1, 2017).
82 FR 27039 (June 13, 2017), at 27040.
administrative review of the 3 See Petitioner Letter re: Certain Circular Welded
9 See Mach 1 Letter re: Certain Circular Welded
antidumping duty order on certain Non-Alloy Steel Pipe from Mexico: Request for
Non-Alloy Steel Pipes and Tubes: Notice of no
circular welded non-alloy steel pipe Administrative Review, dated November 30, 2017.
4 See Initiation of Antidumping and
Exports, Sales, or Entries, dated February 12, 2018.
from Mexico for the period of review Countervailing Duty Administrative Reviews, 83 FR
10 See Memorandum: ‘‘Certain Circular Welded
(POR) November 1, 2016, through Non-Alloy Steel Pipe from Mexico, 2016–2017
1329 (January 11, 2018) (Initiation Notice), at 1330– Administrative Review: Placement of Customs and
October 31, 2017. 1331. The 25 companies listed were: Acerorey; Border Protection (CBP) Information on the Record
DATES: Applicable October 26, 2018. Arcelormittal Monterrey; Arco Metal; Fischer of this Administrative Review,’’ dated February 15,
Mexicana; Forza Steel; Mach 1 Aero Servicios S De 2018 (CBP Information Memorandum).
FOR FURTHER INFORMATION CONTACT: RL De Cv; Nacional De Acero; Nova Steel; Perfiles 11 See re: No shipments inquiry for certain
Mark Flessner, AD/CVD Operations, Y Herrajes; Precitubo; Procarsa; Productos
circular welded non-alloy steel pipe from Mexico
Office VI, Enforcement and Compliance, Especializados De Acero; Productos Laminados de
produced and/or exported by Mach 1 Aero
Monterrey, S.A. de C.V.; PYTCO, S.A. de C.V.;
International Trade Administration, Regiomontana de Perfiles y Tubos, S.A. de C.V.;
Servicios S De RL De Cv (A–201–805), message
U.S. Department of Commerce, 1401 number 8064304, dated March 5, 2018; see also re:
Rymco Conduit S.A. De C.V.; Swecomex S.A. De No shipments inquiry for certain circular welded
Constitution Avenue NW, Washington, C.V.; Ternium Tuberia; Tubac; Tubacero; Tuberia non-alloy steel pipe from Mexico produced and/or
DC 20230; telephone: (202) 482–6312. Laguna; Tubesa; Tubos Omega; Tumex; and exported by PYTCO, S.A. de C.V. (A–201–805),
Villacero Tuna. message number 8064305, dated March 5, 2018; see
SUPPLEMENTARY INFORMATION: 5 See Initiation Notice, 83 FR at 1329.
also re: No shipments inquiry for certain circular
6 See Memorandum: ‘‘Certain Circular Welded
Background welded non-alloy steel pipe from Mexico produced
Non-Alloy Steel Pipe from Mexico, 2016–2017 and/or exported by Regiomontana de Perfiles y
On November 1, 2017, Commerce Administrative Review: Placement of Customs and Tubos S.A. de C.V. (A–201–805), message number
published in the Federal Register a Border Protection (CBP) Information on the Record 8064308, dated March 5, 2018; see also re: No
of this Administrative Review,’’ dated February 15, shipments inquiry for certain circular welded non-
notice of opportunity to request an 2018 (CBP Information Memorandum). alloy steel pipe from Mexico produced and/or
administrative review of the 7 See Villacero Tuna Letter re: Circular Welded exported by Villacero Tuna (A–201–805), message
khammond on DSK30JT082PROD with NOTICES
antidumping duty order 1 on certain Non-Alloy Steel Pipe and Tube from Mexico: Notice number 8064307, dated March 5, 2018.
of No Sales, dated January 26, 2018. 12 See Memorandum: ‘‘Certain Circular Welded
1 See Notice of Antidumping Duty Orders: Certain 8 See Regiopytsa/Pytco Letter re: Circular Welded Non-Alloy Steel Pipe from Mexico, 2016–2017
Circular Welded Non-Alloy Steel Pipe from Brazil, Non-Alloy Steel Pipe from Mexico: No Shipment Administrative Review: Placement of Customs and
the Republic of Korea (Korea), Mexico, and Notification, dated February 1, 2018. Commerce has Border Protection (CBP) Response to Port Inquiry
Venezuela and Amendment to Final Determination collapsed Regiopytsa and Pytco in past segments of on the Record of this Administrative Review,’’
of Sales at Less Than Fair Value: Certain Welded this proceeding. See, e.g., Certain Circular Welded dated March 20, 2018.
Non-Alloy Steel Pipe from Korea, 57 FR 49453 Non-Alloy Steel Pipe from Mexico: Final Results of 13 See Memorandum: ‘‘Certain Circular Welded
(November 2, 1992) (the Order). Antidumping Duty Administrative Review and Non-Alloy Steel Pipe from Mexico, 2016–2017
VerDate Sep<11>2014 18:32 Oct 25, 2018 Jkt 247001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\26OCN1.SGM 26OCN1](https://thefederalregister.org/doc/83_FR_54292/page/1.svg)
![54086 Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Notices
Dated: October 22, 2018. Memorandum.3 A list of topics act to the best of their ability to respond
James Maeder, discussed in the Preliminary Decision our requests for information, we drew
Associate Deputy Assistant Secretary for Memorandum is included as Appendix an adverse inference where appropriate
Antidumping and Countervailing Duty II to this notice. The Preliminary in selecting from among the facts
Operations, performing the duties of Deputy Decision Memorandum is a public otherwise available.7 For further
Assistant Secretary for Antidumping and document and is on file electronically information, see ‘‘Use of Facts
Countervailing Duty Operations. via Enforcement and Compliance’s Otherwise Available and Adverse
[FR Doc. 2018–23454 Filed 10–25–18; 8:45 am] Antidumping and Countervailing Duty Inferences’’ in the Preliminary Decision
BILLING CODE 3510–DS–P Centralized Electronic Service System Memorandum.
(ACCESS). ACCESS is available to
registered users at http:// Alignment
DEPARTMENT OF COMMERCE access.trade.gov, and is available to all As noted in the Preliminary Decision
parties in the Central Records Unit, Memorandum, in accordance with
International Trade Administration Room B8024 of the main Department of section 705(a)(1) of the Act and 19 CFR
[C–570–087] Commerce building. In addition, a 351.210(b)(4), Commerce is aligning the
complete version of the Preliminary final countervailing duty (CVD)
Steel Propane Cylinders From the Decision Memorandum can be accessed determination in this investigation with
People’s Republic of China: directly at http://enforcement.trade.gov/ the final determination in the
Preliminary Affirmative Countervailing frn/. The signed and electronic versions companion antidumping duty (AD)
Duty Determination and Alignment of of the Preliminary Decision investigation of steel propane cylinders
Final Determination With Final Memorandum are identical in content. from China based on a request made by
Antidumping Duty Determination the petitioners.8 Consequently, the final
Scope of the Investigation
CVD determination will be issued on
AGENCY: Enforcement and Compliance, The products covered by this the same date as the final AD
International Trade Administration, investigation are steel propane cylinders determination, which is currently
Department of Commerce. from China. For a complete description scheduled to be issued no later than
SUMMARY: The Department of Commerce of the scope of this investigation, see March 4, 2019, unless postponed.9
(Commerce) preliminarily determines Appendix I.
that countervailable subsidies are being All-Others Rate
Scope Comments
provided to producers and exporters of Sections 703(d) and 705(c)(5)(A) of
steel propane cylinders from the In accordance with the preamble to the Act provide that in the preliminary
People’s Republic of China (China) for Commerce’s regulations,4 the Initiation determination, Commerce shall
the period of investigation December 1, Notice set aside a period of time for determine an estimated all-others rate
2017, through January 31, 2017. parties to raise issues regarding product for companies not individually
Interested parties are invited to coverage, (i.e., scope).5 Certain examined. This rate shall be an amount
comment on this preliminary interested parties commented on the equal to the weighted average of the
determination. scope of the investigation as it appeared estimated subsidy rates established for
in the Initiation Notice. Commerce those companies individually
DATES: Applicable October 26, 2018. intends to issue its preliminary decision
FOR FURTHER INFORMATION CONTACT:
examined, excluding any zero and de
regarding comments concerning the minimis rates and any rates based
Samuel Brummitt, AD/CVD Operations, scope of the AD and CVD investigations
Office III, Enforcement and Compliance, entirely under section 776 of the Act.
in the preliminary determination of the In this investigation, Commerce
International Trade Administration, companion AD investigation.
U.S. Department of Commerce, 1401 preliminarily assigned a rate based
Constitution Avenue NW, Washington, Methodology entirely on facts available to TPA Metals
DC 20230; telephone: (202) 482–7851. Commerce is conducting this and Machinery (SZ) Co. Ltd. (TPA
investigation in accordance with section Metals). Therefore, the only rate that is
SUPPLEMENTARY INFORMATION:
701 of the Act. For each of the subsidy not zero, de minimis or based entirely
Background programs found countervailable, we on facts otherwise available is the rate
preliminarily determines that there is a calculated for Shandong Huanri Group
This preliminary determination is
subsidy, i.e., a financial contribution by Co. Ltd. (Huanri). Consequently, the rate
made in accordance with section 703(b)
an ‘‘authority’’ that gives rise to a calculated for Huanri is also assigned as
of the Tariff Act of 1930, as amended
benefit to the recipient, and that the the rate for all-other producers and
(the Act). Commerce published the
subsidy is specific.6 In making these exporters.
notice of initiation of this investigation
on June 18, 2018.1 On August 1, 2018, findings, we relied, in part, on facts Preliminary Determination
Commerce postponed the preliminary available and, because we find that one
Commerce preliminarily determines
determination of this investigation until or more producers and exporters did not
that the following estimated
October 19, 2018.2 For a complete
countervailable subsidy rates exist:
description of the events that followed 3 See Memorandum, ‘‘Decision Memorandum for
the initiation of this investigation, see the Preliminary Affirmative Determination in the
Countervailing Duty Investigation of Steel Propane 7 See sections 776(a) and (b) of the Act.
the Preliminary Decision Cylinders from the People’s Republic of China,’’ 8 See Letter from the petitioners, ‘‘Steel Propane
khammond on DSK30JT082PROD with NOTICES
dated concurrently with, and hereby adopted by, Cylinders from the People’s Republic of China—
1 See Steel Propane Cylinders from the People’s this notice (Preliminary Decision Memorandum). Petitioners’’ Request to Postpone Preliminary
4 See Antidumping Duties; Countervailing Duties,
Republic of China: Initiation of Countervailing Duty Determination,’’ dated July 20, 2018 (Request for
Investigation, 83 FR 28189 (June 18, 2018) Final Rule, 62 FR 27296, 27323 (May 19, 1997). Postponement).
(Initiation Notice). 5 See Initiation Notice. 9 See Steel Propane Cylinders from the People’s
2 See Steel Propane Cylinders from the People’s 6 See sections 771(5)(B) and (D) of the Act Republic of China and Thailand: Postponement of
Republic of China: Postponement of Preliminary regarding financial contribution; section 771(5)(E) Preliminary Determinations in the Less-Than-Fair
Determination in the Countervailing Duty of the Act regarding benefit; and section 771(5A) of Value Investigations, 83 FR 51927 (October 15,
Investigation, 83 FR 37463 (August 1, 2018). the Act regarding specificity. 2018).
VerDate Sep<11>2014 18:32 Oct 25, 2018 Jkt 247001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\26OCN1.SGM 26OCN1](https://thefederalregister.org/doc/83_FR_54292/page/3.svg)
Document Created: 2018-10-26 02:29:42
Document Modified: 2018-10-26 02:29:42
| 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 26, 2018. | |
| Contact | Mark Flessner, 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. | |
| FR Citation | 83 FR 54084 |
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