Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Notices 9547 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews and 

Request for Revocation in Part, 74 FR 48224, 48225 

(September 22, 2009). 

2These parties identified themselves as Atlas 

Tube, Bull Moose Tube Company, and Searing 

Industries, Inc., in their August 28, 2009, request for 

an administrative review. 

industry-specific wage rate across the 

selected countries. 

Since implementing this interim 

industry-specific wage rate 

methodology, the Department has 

encountered a number of 

methodological and practical challenges 

that must be considered in evaluating 

whether this methodology should be 

adopted for the longer term. For 

example, the Department normally 

prefers using multiple data points when 

evaluating labor data, because of the 

large variance in wage rates, as 

explained above. However, relying on 

industry-specific data necessarily 

constrains the amount of available data. 

Additionally, the Department notes that 

the interim method is a significant 

endeavor that requires screening 

hundreds of data points in each case. 

Given the statutory time constraints 

present in every proceeding, the 

Department will also be evaluating this 

methodology in relation to its long-term 

administrative feasibility. Based on the 

challenges described above by the 

Department regarding the interim 

industry-specific wage rate 

methodology, the Department invites 

comments by parties on these issues. 

Submission of Comments 

To be assured of consideration, 

comments must be received no later 

than March 21, 2011. All comments 

must be submitted through the Federal 

eRulemaking Portal at http:// 

www.regulations.gov, Docket No. ITA– 

2010–0010, unless the commenter does 

not have access to the Internet. 

Commenters that do not have access to 

the Internet may submit the original and 

two copies of each set of comments by 

mail or hand delivery/courier. All 

comments should be addressed to the 

Secretary of Commerce, Attention: 

Christopher Mutz, Office of Policy, 

Room 1870, Import Administration, U.S. 

Department of Commerce, 14th Street 

and Constitution Ave., NW., 

Washington, DC 20230. 

The Department will consider all 

comments received before the close of 

the comment period. The Department 

will not accept comments accompanied 

by a request that part or all of the 

material be treated confidentially 

because of its business proprietary 

nature or for any other reason. All 

comments responding to this notice will 

be a matter of public record and will be 

available for inspection at Import 

Administration’s Central Records Unit 

(Room 7046 of the Herbert C. Hoover 

Building) and on the Department’s Web 

site at http://www.trade.gov/ia/. 

Any questions concerning file 

formatting, document conversion, 

access on the Internet, or other 

electronic filing issues should be 

addressed to Andrew Lee Beller, Import 

Administration Webmaster, at (202) 

482–0866, e-mail address: webmastersupport@ita.doc.gov. 

Dated: February 14, 2011. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2011–3743 Filed 2–17–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–836] 

Light-Walled Rectangular Pipe and 

Tube From Mexico; Final Results of 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: February 18, 

2011. 

SUMMARY: On September 13, 2010, the 

Department of Commerce (the 

Department) published the preliminary 

results of the administrative review of 

the antidumping duty order on lightwalled rectangular pipe and tube from 

Mexico. This first administrative review 

covers nine manufacturers/exporters 

and has a period of review (POR) from 

January 30, 2008, through July 31, 2009. 

On January 6, 2011, the Department 

published a notice in which it extended 

the time limit for completion of the final 

results of the review until no later than 

February 10, 2011. 

Based on our analysis of the 

comments received on the preliminary 

results, we have made changes to the 

margin calculations for two companies 

and, as a result, the final results of 

review differ from the preliminary 

results for all companies. The final 

dumping margins for all companies are 

listed below in the section entitled 

‘‘Final Results of Review.’’ 

FOR FURTHER INFORMATION CONTACT: John 

Drury/Brian Davis (Regiopytsa) or 

Edythe Artman (Maquilacero), AD/CVD 

Operations, Office 7, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–0195, (202) 482– 

7924, or (202) 482–3931, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 13, 2010, the 

Department published the preliminary 

results of the administrative review of 

the antidumping duty order on lightwalled rectangular pipe and tube from 

Mexico. See Light-Walled Rectangular 

Pipe and Tube From Mexico: 

Preliminary Results of Antidumping 

Duty Administrative Review, 75 FR 

55559 (September 13, 2010) 

(Preliminary Results). This first 

administrative review of the order 

covers sales of subject merchandise, as 

described in the ‘‘Scope of the Order’’ 

section below, made during the POR 

from January 30, 2008, through July 31, 

2009. Although we named nine 

companies in the notice of initiation for 

this review,1 we only examined the 

individual sales of two companies— 

Maquilacero S.A. de C.V. (Maquilacero) 

and Regiomontana de Perfiles y Tubos 

S.A. de C.V. (Regiopytsa). See 

‘‘Antidumping Duty Administrative 

Review of Light-Walled Rectangular 

Pipe and Tube from Mexico: 

Respondent Selection Memorandum’’ 

from Ericka Ukrow, International Trade 

Compliance Analyst, AD/CVD 

Operations, Office 7, to Richard O. 

Weible, Director, AD/CVD Operations, 

Office 7, dated October 15, 2009 

(Respondent Selection Memorandum). 

We invited parties to comment on the 

Preliminary Results (75 at 55567) and 

received case and rebuttal briefs from 

the respondent companies, companies 

not selected for individual examination, 

and the domestic interested parties.2

None of the parties requested a hearing 

on the issues raised in comments. 

On January 6, 2011, the Department 

published a notice in which it extended 

the limit for completion of the final 

results of review until no later than 

February 10, 2011. See Light-Walled 

Rectangular Pipe and Tube From 

Mexico: Extension of Time Limit for 

Final Results of Antidumping Duty 

Administrative Review, 76 FR 774 

(January 6, 2011). 

Period of Review 

The POR is from January 30, 2008, 

through July 31, 2009. 

Scope of the Order 

The merchandise that is the subject of 

this order is certain welded carbonquality light-walled steel pipe and tube, 

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9548 Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Notices 

3On August 18, 2009, the Department determined 

that Ternium Mexico, S.A. de C.V., is the successorin-interest to Hylsa S.A. de C.V. and should be 

treated as such for antidumping duty cash-deposit 

purposes. See Final Results of Antidumping Duty 

Changed Circumstances Review: Light-Walled 

Rectangular Pipe and Tube From Mexico, 74 FR 

41680 (August 18, 2009). 

of rectangular (including square) cross 

section, having a wall thickness of less 

than 4 mm. The term carbon-quality 

steel includes both carbon steel and 

alloy steel which contains only small 

amounts of alloying elements. 

Specifically, the term carbon-quality 

includes products in which none of the 

elements listed below exceeds the 

quantity by weight respectively 

indicated: 1.80 percent of manganese, or 

2.25 percent of silicon, or 1.00 percent 

of copper, or 0.50 percent of aluminum, 

or 1.25 percent of chromium, or 0.30 

percent of cobalt, or 0.40 percent of 

lead, or 1.25 percent of nickel, or 0.30 

percent of tungsten, or 0.10 percent of 

molybdenum, or 0.10 percent of 

niobium, or 0.15 percent vanadium, or 

0.15 percent of zirconium. The 

description of carbon-quality is 

intended to identify carbon-quality 

products within the scope. The welded 

carbon-quality rectangular pipe and 

tube subject to this order is currently 

classified under the Harmonized Tariff 

Schedule of the United States (HTSUS) 

subheadings 7306.61.50.00 and 

7306.61.70.60. While HTSUS 

subheadings are provided for 

convenience and Customs purposes, our 

written description of the scope of this 

order is dispositive. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

antidumping duty administrative review 

are addressed in the ‘‘Issues and 

Decision Memorandum for the Final 

Results of the Antidumping Duty 

Administrative Review of Light-Walled 

Rectangular Pipe and Tube from 

Mexico’’ from Christian Marsh, Deputy 

Assistant Secretary for Antidumping 

and Countervailing Duty Operations, to 

Ronald K. Lorentzen, Deputy Assistant 

Secretary for Import Administration, 

dated February 10, 2011 (Decision 

Memorandum), which is hereby 

adopted by this notice. A list of all 

issues, which parties have raised and to 

which we have responded, is in the 

Decision Memorandum and attached to 

this notice as an appendix. The Decision 

Memorandum, which is a public 

document, contains a complete 

discussion of the issues raised in the 

review and their corresponding 

recommendations and is on file in the 

Central Records Unit (CRU) of the main 

Department of Commerce building, 

Room 7046. In addition, a complete 

version of the memorandum can be 

accessed on the Internet at http:// 

ia.ita.doc.gov/frn/index.html. The paper 

copy and electronic version of the 

Decision Memorandum are identical in 

content. 

Rates for Non-Selected Companies 

For reasons set forth in our 

Respondent Selection Memorandum, we 

selected two companies, Maquilacero 

and Regiopytsa, for individual 

examination of their sales of the subject 

merchandise to the United States during 

the POR as permitted under section 

777A(c)(2) of the Tariff Act of 1930, as 

amended (the Act). For the final results, 

we have not changed the basis of the 

rate we applied to companies not 

selected for individual examination. In 

the Preliminary Results, we assigned the 

simple-average margin of the selected 

companies because Regiopytsa’s public 

quantity-and-value sales information 

was indexed (as permitted under 19 

CFR 351.304(c)), thereby making it 

impossible for us to calculate a 

weighted-average margin of the selected 

companies. See Preliminary Results, 75 

FR at 55567. Thus, for the final results, 

we have continued to take the simple 

average of the revised margins for 

Maquilacero and Regiopytsa and 

applied this rate to the companies not 

selected for individual examination. 

Changes Since the Preliminary Results 

Based on our analysis of the 

comments received, we have made 

revisions that have changed the results 

for all companies subject to this review 

(i.e., including the companies named in 

the initiation notice but not selected for 

examination of individual sales). Where 

the revisions required corrections or 

modifications to programming language 

or draft instructions to U.S. Customs 

and Border Protection (CBP), any such 

changes have been detailed in companyspecific analysis memoranda and costadjustment memoranda for Maquilacero 

and Regiopytsa; all memoranda are 

dated concurrently with this notice and 

are on file in the CRU. 

For Maquilacero, we have made the 

following revisions: 

(1) We have adjusted the calculation 

of general and administrative (G&A) 

expenses by disallowing an offset, 

which Maquilacero claimed for revenue 

earned from a special project. We have 

also removed labor expenses, related to 

the special project, from the calculation 

of variable overhead expenses as a result 

of the offset disallowance. For a 

discussion of these adjustments, see 

Comment 3 of the Decision 

Memorandum. 

(2) We have revised the draft 

liquidation instructions in order to 

clarify that, for the gap period (i.e., July 

28, 2008, through August 4, 2008), the 

CBP should terminate the suspension of 

liquidation of any entries and liquidate 

the entries without regard to 

antidumping duties. (We have similarly 

revised the draft liquidations 

instructions for Regiopytsa and the 

companies not selected for individual 

examination.) See Comment 4 of the 

Decision Memorandum. 

(3) We have corrected the margincalculation program so that domestic 

inland freight and domestic brokerage 

and handling expenses are converted 

from Mexican pesos to U.S.-dollar 

amounts before being deducted from 

U.S. price. See Comment 5 of the 

Decision Memorandum. 

For Regiopytsa, we have made the 

following changes: 

(1) We have revised our calculation to 

follow the Department’s practice of 

basing the universe of sales on the entry 

date of export-price sales, where this 

information has been made available to 

the record. See Comment 2 of the 

Decision Memorandum. 

(2) We have revised our calculation to 

follow the Department’s practice of 

capping sales-related revenues (in this 

case interest and insurance revenues) to 

offset directly associated sales expenses. 

See Comment 6 of the Decision 

Memorandum. 

(3) We have modified the margin 

program to ensure that, for products not 

produced in all six quarters, the total 

costs of manufacturing reflect quarterly 

values for scrap cost, scrap revenue, and 

the reconciliation adjustment, rather 

than values from the earliest quarter of 

production. See Comment 7 of the 

Decision Memorandum. 

Final Results of the Review 

We determine that the following 

weighted-average or, if appropriate, 

simple-average dumping margins exist 

on light-walled rectangular pipe and 

tube from Mexico for the period January 

30, 2008, through July 31, 2009: 

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Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Notices 9549 

Manufacturer or exporter Percentage 

margin 

Maquilacero S.A. de C.V. ......... 3.11 

Regiomontana de Perfiles y 

Tubos S.A. de C.V. ............... 9.15 

Galvak S.A. de C.V. ................. 6.13 

Hylsa S.A. de C.V. ................... 6.13 

Industrias Monterrey S.A. de 

C.V. ....................................... 6.13 

Nacional de Acero S.A. de C.V. 6.13 

Perfiles y Herrajes LM S.A. de 

C.V. ....................................... 6.13 

Productos Laminados de 

Monterrey S.A. de C.V. ......... 6.13 

Ternium Mexico S.A. de C.V.3 6.13 

Assessment Rates 

The Department shall determine, and 

CBP shall assess, antidumping duties on 

all appropriate entries. In accordance 

with 19 CFR 351.212(b)(1), the 

Department normally calculates an 

assessment rate for each importer of the 

subject merchandise covered by the 

review. Because both Maquilacero and 

Regiopytsa reported the entered value 

for all U.S. sales, we have calculated 

importer-specific, ad valorem duty 

assessment rates based on the ratio of 

each importer’s total amount of 

antidumping duties calculated for the 

examined sales to the total entered 

value of the sales for that importer. 

Where an assessment rate is above de 

minimis (de minimis being less than 0.5 

percent in a review), we will instruct 

CBP to assess duties on all entries of 

subject merchandise for that importer 

during the period from August 5, 2008, 

through July 31, 2009. For entries made 

during the provisional-measures period 

(i.e., January 30, 2008, through July 27, 

2008), we will instruct CBP to liquidate 

the entries at the proper assessment 

rates for Maquilacero and Regiopytsa, 

pursuant to section 737(a) of the Act. 

For the companies not selected for 

individual examination, we will instruct 

CBP to apply the rates listed above and 

to the entries of subject merchandise 

produced and/or exported by such 

companies and entered during the 

period from August 5, 2008, through 

July 31, 2009. The rates were obtained 

by averaging the cash-deposit rates 

calculated for the companies selected 

for individual examination. For entries 

made during the provisional-measures 

period, we will instruct CBP to apply 

the lower of the rates calculated or 

assigned to the companies as a result of 

our preliminary and final 

determinations for the less-than-fairvalue (LTFV) investigation, if the lower 

rate is above de minimis. If the lower is 

below de minimis, we will instruct CBP 

to liquidate the entries without 

assessment of antidumping duties. If a 

firm was not assigned a companyspecific rate as a result of our 

investigation, then we will instruct CBP 

to apply the rate of 3.76 percent, the allothers rate established by our amended 

final determination for the investigation, 

as this rate was lower than the all-others 

rate calculated for the preliminary 

determination. See Notice of Amended 

Final Determination of Sales at Less 

Than Fair Value: Light-Walled 

Rectangular Pipe and Tube From 

Mexico, 73 FR 45400, 45401 (August 5, 

2008) (Amended Final Determination). 

For any entries of subject 

merchandise made during the period 

from July 28, 2008, through August 4, 

2008, we will instruct CBP to terminate 

the suspension of liquidation and to 

liquidate these entries without regard to 

antidumping duties. 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003) (Assessment 

Notice). This clarification will apply to 

entries of subject merchandise during 

the POR produced by companies 

included in these final results of review 

for which these companies did not 

know that the merchandise it sold to an 

intermediary 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. For a full 

discussion of this clarification, see 

Assessment Notice. 

Pursuant to 19 CFR 351.106(c)(2), we 

will instruct CBP to liquidate without 

regard to antidumping duties any 

entries for which the assessment rate is 

de minimis. The Department intends to 

issue assessment instructions directly to 

CBP 15 days after the publication of 

these final results of review. 

Cash-Deposit Requirements 

The following cash-deposit 

requirements will be effective upon 

publication of these final results of 

review for all shipments of the subject 

merchandise entered or withdrawn from 

warehouse for consumption on or after 

the date of publication, consistent with 

section 751(a)(1) of the Act: (1) The 

cash-deposit rates for the reviewed 

companies will be the rates listed above; 

(2) if the exporter is not a firm covered 

in this review but that was covered in 

the less-than-fair-value (LTFV) 

investigation, the cash-deposit rate will 

continue to be the company-specific rate 

established in the investigation; (3) if 

the exporter is not a firm covered in this 

review or the investigation but the 

manufacturer is, the cash-deposit rate 

will be the rate established for the 

manufacturer in the LTFV investigation; 

and (4) the cash-deposit rate for all other 

manufacturers or exporters will 

continue to be 3.76 percent, the allothers rate published in the amended 

final determination of the LTFV 

investigation. See Amended Final 

Determination. 

These deposit requirements shall 

remain in effect until further notice. 

Notifications to Interested Parties 

This notice serves as a final reminder 

to importers of their responsibility 

under 19 CFR 351.402(f)(2) to file a 

certificate regarding the reimbursement 

of antidumping duties prior to 

liquidation of the relevant entries 

during this review period. Failure to 

comply with this requirement could 

result in the Department’s presumption 

that reimbursement of antidumping 

duties occurred and the subsequent 

assessment of doubled antidumping 

duties. 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (APOs) 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 issued and published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act. 

Dated: February 10, 2011. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix 

1. Offsetting of Negative Margins 

2. Inclusion of Sales Entered After Review 

Period 

3. Revenue Offset to General and 

Administrative Expenses for a Special 

Project 

4. Clarification to Draft Liquidation 

Instructions for First Review Period 

5. Clerical Errors 

A. Currency Conversion of Movement 

Expenses 

B. Capping of Sales-Related Revenues 

C. Indexing of the Department’s Cost 

Adjustment and Scrap Cost and Revenue 

on a Quarterly Basis 

[FR Doc. 2011–3746 Filed 2–17–11; 8:45 am] 

BILLING CODE 3510–DS–P 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES