[Federal Register Volume 74, Number 158 (Tuesday, August 18, 2009)]
[Notices]
[Pages 41681-41682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19783]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-805]


Final Results of Antidumping Duty Changed Circumstances Review: 
Certain Circular Welded Non-Alloy Steel Pipe and Tube from Mexico

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY:  On June 18, 2009, the Department of Commerce (the Department) 
made its preliminary determination that Ternium Mexico S.A. de C.V. 
(Ternium) is the successor-in-interest to Hylsa S.A. de C.V. (Hylsa) 
and should be treated as such for antidumping duty cash deposit 
purposes. See Notice of Preliminary Results of Antidumping Duty Changed 
Circumstances Review: Certain Circular Welded Non-Alloy Steel Pipe and 
Tube from Mexico, 74 FR 28883 (June 18, 2009) (Preliminary Results). 
For purposes of these final results of review, the Department has 
determined that Ternium is the successor-in-interest to Hylsa and, as a 
result, should be accorded the same treatment previously accorded to 
Hylsa in regard to the antidumping duty order on certain circular 
welded non-alloy steel pipe and tube (standard pipe and tube) from 
Mexico as of the date of publication of this notice in the Federal 
Register.

DATES: Effective Date: August 18, 2009.

FOR FURTHER INFORMATION CONTACT: John Drury or Brian Davis, 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 or (202) 482-7924, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 3, 2008, Ternium requested that the Department conduct 
a changed circumstances review of the antidumping duty order on 
standard pipe and tube from Mexico to determine whether Ternium is the 
successor-in-interest to Hylsa and should be treated as such for 
antidumping duty cash deposit purposes. See Notice of Initiation of 
Antidumping Duty Changed Circumstances Review: Circular Welded Non-
Alloy Steel Pipe and Tube, 73 FR 63682 (October 27, 2008) (Notice of 
Initiation). On June 18, 2009, the Department made its preliminary 
determination that Ternium is the successor-in-interest to Hylsa and 
should be treated as such for antidumping duty cash deposit purposes. 
See Preliminary Results.
    On July 14, 2009, the Department published in the Federal Register 
a notice extending the time limit for these final results to August 17, 
2009. See Circular Welded Non-Alloy Steel Pipe and Tube from Mexico; 
Extension of Time Limit for Final Results of Antidumping Duty Changed 
Circumstances Review, 74 FR 33994 (July 14, 2009).
    In the Preliminary Results, we stated that interested parties could 
request a hearing no later than 30 days after the publication of the 
Preliminary Results, submit case briefs to the Department no later than 
30 days after the publication of the Preliminary Results, and submit 
rebuttal briefs, limited to the issues raised in those case briefs, 
five days subsequent to the case briefs' due date. We did not receive 
any hearing requests or comments on the Preliminary Results.

Scope of the Order

    The products covered by this order are circular welded non-alloy 
steel pipes and tubes, of circular cross-section, not more than 406.4 
millimeters (16 inches) in outside diameter, regardless of wall 
thickness, surface finish (black, galvanized, or painted), or end 
finish (plain end, beveled end, threaded, or threaded and coupled). 
These pipes and tubes are generally known as standard pipes and tubes 
and are intended for the low-pressure conveyance of water, steam, 
natural gas, and other liquids and gases in plumbing and heating 
systems, air conditioning units, automatic sprinkler systems, and other 
related uses, and generally meet ASTM A-53 specifications.
    Standard pipes and tubes may also be used for light load-bearing 
applications, such as for fence tubing, and as structural pipe tubing 
used for framing and support members for reconstruction or load-bearing 
purposes in the construction, shipbuilding, trucking, farm equipment, 
and related industries. Unfinished conduit pipe is also included in 
this order. All carbon steel pipes and tubes within the physical 
description outlined above are included within the scope of this order, 
except line pipe, oil country tubular goods, boiler tubing, mechanical 
tubing, pipe and tube hollows for redraws, finished

[[Page 41682]]

scaffolding, and finished conduit. Standard pipe and tube that is dual 
or triple certified/stenciled that enters the United States as line 
pipe of a kind used for oil or gas pipelines is also not included in 
this order.
    Imports of the products covered by this order are currently 
classifiable under the following Harmonized Tariff Schedule (HTS) 
subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 
7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90. 
Although the HTS subheadings are provided for convenience and customs 
purposes, our written description of the scope of this order is 
dispositive.

Final Results of Changed Circumstances Review

    Based on the information provided by Ternium, the Department's 
analysis in the Preliminary Results, and the fact that interested 
parties did not submit any briefs during the comment period, the 
Department hereby determines that Ternium is the successor-in-interest 
to Hylsa for antidumping duty cash deposit purposes.

Instructions to U.S. Customs and Border Protection

    The Department will instruct U.S. Customs and Border Protection to 
continue to suspend liquidation of all shipments of the subject 
merchandise produced and exported by Ternium entered, or withdrawn from 
warehouse, for consumption, on or after the publication date of this 
notice in the Federal Register at 10.38 percent (i.e., Hylsa's cash 
deposit rate). This deposit requirement shall remain in effect until 
further notice.

Notification Regarding Administrative Protective Order

    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 351.306. Timely written notification of 
the return/destruction of APO materials or conversion to judicial 
protective order is herby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    We are issuing and publishing these final results and notice in 
accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Tariff 
Act of 1930, as amended, and 19 CFR 351.216.

    Dated: August 11, 2009.
Carole Showers,
Acting Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. E9-19783 Filed 8-17-09; 8:45 am]
BILLING CODE 3510-DS-S