[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 83886-83888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28347]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-836]


Light-Walled Rectangular Pipe and Tube From Mexico: Preliminary 
Results and Partial Rescission of Antidumping Duty Administrative 
Review; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on light-walled 
rectangular pipe and tube from Mexico, covering the period August 1, 
2018 through July 31, 2019. We preliminarily find that Regiomontana de 
Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa) (successor-in-interest 
to Regiomontana de Perfiles y Tubos S.A. de C.V.) made sales of subject 
merchandise at less than normal value (NV) during the period of review 
(POR), and that Maquilacero S.A. de C.V. (Maquilacero) did not have 
sales of subject merchandise at less than normal value during the 
period of review. We are also rescinding this review for 12 companies 
where timely requests for withdrawals were filed by all parties who 
requested the reviews. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable December 23, 2020.

FOR FURTHER INFORMATION CONTACT: Samuel Brummitt or John Conniff, AD/
CVD Operations, Office III, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-7851 or (202) 
482-1009, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 7, 2019, Commerce published in the Federal Register a 
notice of the initiation of the administrative review of the 
antidumping duty order \1\ on light-walled rectangular pipe and tube 
from Mexico for 19 companies.\2\ On October 22, 2019, we selected 
Maquilacero and Regiopytsa \3\ for individual examination as the 
mandatory respondents in this administrative review.\4\
---------------------------------------------------------------------------

    \1\ See Light-Walled Rectangular Pipe and Tube from Mexico, the 
People's Republic of China, and the Republic of Korea: Antidumping 
Duty Orders; Light-Walled Rectangular Pipe and Tube from the 
Republic of Korea: Notice of Amended Final Determination of Sales at 
Less Than Fair Value, 73 FR 45403 (August 5, 2008) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 53411 (October 7, 2019) (Initiation 
Notice). The Initiation Notice listed 19 companies and 20 company 
names since it included both the current and former versions of 
Regiopytsa's company name.
    \3\ Based on the record evidence in this review, we are 
preliminarily finding Regiomontana de Perfiles y Tubos S. de R.L. de 
C.V. to be successor-in-interest to Regiomontana de Perfiles y Tubos 
S.A. de C.V. For additional information on Commerce's analysis 
regarding the successor-in-interest finding, see Memorandum, 
``Decision Memorandum for the Preliminary Results and Partial 
Rescission of Antidumping Duty Administrative Review: Light-Walled 
Rectangular Pipe and Tube from Mexico; 2018-2019,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum) at 6.
    \4\ See Memorandum, ``2018-2019 Antidumping Duty Administrative 
Review of Light-Walled Rectangular Pipe and Tube from Mexico: 
Respondent Selection,'' dated October 22, 2019 (Respondent Selection 
Memorandum) at 2-3
---------------------------------------------------------------------------

    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\5\ On July 21, 2020, Commerce tolled all deadlines 
in administrative reviews by an additional 60 days.\6\ On June 11, 
2020, we extended the deadline for the preliminary results to November 
18, 2020.\7\ The deadline for the preliminary results of this review is 
now December 16, 2020.
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \7\ See Memorandum, ``Light-Walled Rectangular Pipe and Tube 
from Mexico: Extension of Time Limit for Preliminary Results of 
Antidumping Duty Administrative Review; 2018-2019,'' dated April 17, 
2020.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of the review, 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. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content. A list of topics included in the Preliminary 
Decision Memorandum is included in the Appendix to this notice.

Scope of the Order

    The products covered by the scope of the order are certain light-
walled rectangular pipe and tube from Mexico. For a complete 
description of the scope, see the Preliminary Decision Memorandum.

Partial Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review

[[Page 83887]]

withdraws the request within 90 days of the
    date of publication of notice of initiation of the requested 
review. On January 6, 2020, Independence Tube Corporation, a Nucor 
company, and Southland Tube, Incorporated, a Nucor company, timely 
withdrew their requests for an administrative review on the following 
12 companies: Arco Metal S.A. de C.V.; Galvak, S.A. de C.V.; Hylsa S.A. 
de C.V.; Industrias Monterrey S.A. de C.V.; Internacional de Aceros, 
S.A. de C.V.; Nacional de Acero S.A. de C.V.; PEASA-Productos 
Especializados de Acero; Talleres Acero Rey S.A. de C.V.; Ternium 
Mexico S.A. de C.V.; Tuberias Aspe S.A de C.V.; Tuberia Laguna, S.A. de 
C.V.; and Tuberias y Derivados S.A. de C.V. No other party requested a 
review of these 12 companies.\8\ Accordingly, we are rescinding this 
review, in part, with respect to these companies, pursuant to 19 CFR 
351.213(d)(1).
---------------------------------------------------------------------------

    \8\ See Preliminary Decision Memorandum at 2-3.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price 
was calculated in accordance with section 772 of the Act. Normal value 
was calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.

Rate for Non-Selected Companies

    For the rate for companies not selected for individual examination 
in an administrative review, generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in a market economy investigation. Under section 
735(c)(5)(A) of the Act, the all-others rate is normally ``an amount 
equal to the weighted average of the estimated weighted-average dumping 
margins established for exporters and producers individually 
investigated, excluding any zero or de minimis margins, and any margins 
determined entirely {on the basis of facts available{time} .'' In this 
segment of the proceeding, we calculated a margin for Regiopytsa that 
was not zero, de minimis, or based on total facts available. 
Accordingly, we have preliminarily applied the weighted-average dumping 
margin calculated for the non-examined companies in this review based 
on the weighted-average dumping margin calculated for Regiopytsa.

Preliminary Results of Review

    We preliminarily determine that, for the period August 1, 2018 
through July 31, 2019, the following weighted-average dumping margins 
exist:
---------------------------------------------------------------------------

    \9\ We preliminarily find that Regiomontana de Perfiles y Tubos 
S. de R.L. de C.V. is the successor-in-interest to Regiomontana de 
Perfiles y Tubos S.A. de C.V. For further discussion, see the 
Preliminary Decision Memorandum.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Maquilacero S.A. de C.V. and Tecnicas de Fluidos S.A. de C.V        0.00
Regiomontana de Perfiles y Tubos S. de R.L. de C.V.\9\......        5.44
Aceros Cuatro Caminos S.A. de C.V...........................        5.44
Fabricaciones y Servicios de Mexico.........................        5.44
Grupo Estructuras y Perfiles................................        5.44
Perfiles LM, S.A. de C.V....................................        5.44
Productos Laminados de Monterrey S.A. de C.V................        5.44
------------------------------------------------------------------------

Disclosure and Public Comment

    We will disclose to parties to the proceeding the calculations 
performed in connection with these preliminary results of review within 
five days after the date of publication of this notice.\10\ Interested 
parties may submit case briefs not later than 30 days after the date of 
publication of this notice in the Federal Register.\11\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than seven days after the date for filing case briefs.\12\ 
Parties who submit case 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.\13\ Case and rebuttal briefs should be filed using 
ACCESS.\14\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\15\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.224(b).
    \11\ See 19 CFR 351.309(c)(1)(ii).
    \12\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
    \14\ See 19 CFR 351.303.
    \15\ See Temporary Rule.
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance within 30 days of the date of publication of this 
notice.\16\ Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues parties intend to discuss. Issues raised in the hearing will be 
limited to those raised in the respective case and rebuttal briefs. If 
a request for a hearing is made, Commerce intends to hold the hearing 
at a time and date to be determined. Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case and rebuttal briefs, within 120 days 
of publication of these preliminary results in the Federal Register, 
pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    For individually examined respondents whose weighted-average 
dumping margin is not zero or de minimis (i.e., less than 0.50 
percent), we will calculate importer-specific ad valorem duty 
assessment rates based on the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total entered value 
of those same sales in accordance with 19 CFR 351.212(b)(1).\17\ We 
will instruct CBP to assess antidumping duties on all appropriate 
entries covered by this review when the importer-specific assessment 
rate calculated in the final results of this review is not zero or de 
minimis. If a 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. The final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by this review 
where applicable.
---------------------------------------------------------------------------

    \17\ In these preliminary results, Commerce applied the 
assessment rate calculation methodology adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    Regarding entries of subject merchandise during the period of 
review that were produced by Maquilacero and Regiopytsa and for which 
they did not know that the merchandise was destined for the United 
States, we will instruct CBP to liquidate such entries at the all-
others rate of 3.76 percent, as established in

[[Page 83888]]

the less-than-fair-value investigation, if there is no rate for the 
intermediate company(ies) involved in the transaction.\18\ For a full 
discussion of this matter, see Assessment Policy Notice.\19\
---------------------------------------------------------------------------

    \18\ See Order, 73 FR at 45405.
    \19\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
---------------------------------------------------------------------------

    For those companies which were not individually examined, we will 
instruct CBP to assess antidumping duties at an ad valorem rate equal 
to that companies weighted-average dumping margin as determined in the 
final results of this review.
    In accordance with 19 CFR 356.8, we intend to issue liquidation 
instructions to CBP on or after 41 days after publication of the final 
results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review 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 each specific 
company listed above will be equal to the weighted-average dumping 
margin established in the final results of this administrative review; 
(2) for previously reviewed or investigated companies not listed above, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which they were reviewed; (3) if the exporter is not a firm covered in 
this review, a prior review, or in the investigation but the producer 
is, the cash deposit rate will be the rate established for the most 
recently completed segment of this proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be the all-others rate of 3.76 percent.\20\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
---------------------------------------------------------------------------

    \20\ See Order, 73 FR at 45405.
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a 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 double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

    Dated: December 16, 2020.
Jeffrey I. Kessler,
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. Partial Rescission of Administrative Review
V. Companies Not Selected for Individual Examination
VI. Successor-in-Interest
VII. Single Entity Treatment
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation

[FR Doc. 2020-28347 Filed 12-22-20; 8:45 am]
BILLING CODE 3510-DS-P