Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices 69127 

25See section 751(a)(2)(C) of the Act. 

26See Order, 71 FR 56952. 27See Order, 71 FR 56952. 

1See Heavy Walled Rectangular Welded Carbon 

Steel Pipes and Tubes from the Republic of Korea, 

Mexico, and the Republic of Turkey: Antidumping 

Duty Orders, 81 FR 62865, (September 13, 2016) 

(Order). 

2See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

To Request Administrative Review and Join Annual 

Inquiry Service List, 87 FR 53719, (September 1, 

2022). 

3See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 87 FR 

66275 (November 3, 2022). 

the total quantity associated with those 

transactions. To determine whether an 

importer-specific, per-unit assessment 

rate is de minimis, in accordance with 

19 CFR 351.106(c)(2), we also will 

calculate an importer-specific ad 

valorem ratio based on estimated 

entered values. If the weighted-average 

dumping margin is zero or de minimis, 

or an importer-specific assessment ad 

valorem rate is zero or de minimis, we 

intend to instruct CBP to liquidate 

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.25

For entries of subject merchandise 

during the POR produced by Navneet or 

ITC Limited for which they did not 

know their merchandise was destined 

for the United States, we will instruct 

CBP to liquidate those entries at the allothers rate (i.e., 3.91 percent) 26 if there 

is no rate for the intermediate 

company(ies) involved in the 

transaction. 

For the companies which were not 

selected for individual examination, we 

intend to assign an antidumping duty 

assessment rate equal to the weightedaverage dumping margin determined for 

the non-examined companies in the 

final results of review. 

We intend to issue assessment 

instructions to CBP no earlier than 35 

days after the date of publication of the 

final results of this review in the 

Federal Register. If a timely summons is 

filed at the U.S. Court of International 

Trade, the assessment instructions will 

direct CBP not to liquidate relevant 

entries until the time for parties to file 

a request for a statutory injunction has 

expired (i.e., within 90 days of 

publication). 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective 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 companies subject 

to this review will be equal to the 

company-specific weighted-average 

dumping margin established in the final 

results of this administrative review, 

except if the rate is less than 0.50 

percent and, therefore, de minimis 

within the meaning of 19 CFR 

351.106(c)(1), in which case the cash 

deposit rate will be zero; (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 the company 

participated; (3) if the exporter is not a 

firm covered in this review, a prior 

review, or the less-than-fair-value 

investigation (LTFV) 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 

3.91 percent, the rate established in the 

LTFV investigation of this proceeding.27

These cash deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties and/or 

countervailing duties prior to 

liquidation of the relevant entries 

during this review period. Failure to 

comply with this requirement could 

result in Commerce’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 these 

preliminary results of review in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act, and 19 CFR 

351.213(h)(2) and 19 CFR 351.221(b)(4). 

Dated: September 28, 2023. 

Lisa W. Wang, 

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. Preliminary Determination of No 

Shipments 

V. Companies Not Selected for Individual 

Examination 

VI. Discussion of the Methodology 

VII. Currency Conversion 

VIII. Recommendation 

[FR Doc. 2023–22125 Filed 10–4–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–847] 

Heavy Walled Rectangular Welded 

Carbon Steel Pipes and Tubes From 

Mexico: Preliminary Results of 

Antidumping Duty Administrative 

Review; 2021–2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that producers/exporters of 

heavy walled rectangular welded carbon 

steel pipes and tubes (HWR pipes and 

tubes) from Mexico subject to this 

administrative review made sales of 

subject merchandise at less than normal 

value (NV) during the period of review 

(POR), September 1, 2021, through 

August 31, 2022. We invited interested 

parties to comment on these preliminary 

results. 

DATES: Applicable October 5, 2023. 

FOR FURTHER INFORMATION CONTACT: 

David Crespo or Nathan Araya, AD/CVD 

Operations, Office II, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–3693 or (202) 482–3401, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 13, 2016, Commerce 

published in the Federal Register the 

antidumping duty order on HWR pipes 

and tubes from Mexico.1 On September 

1, 2022, Commerce published in the 

Federal Register a notice of opportunity 

to request an administrative review of 

the Order.2 On November 3, 2023, based 

on timely requests for review, in 

accordance with 19 CFR 

351.221(c)(1)(i), we initiated an 

administrative review of the Order with 

respect to 12 companies.3 On December 

9, 2022, Commerce selected 

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

and Productos Laminados de Monterrey 


ddrumheller on DSK120RN23PROD with NOTICES1
69128 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices 

4See Memorandum, ‘‘Respondent Selection for 

the 2021–2022 Antidumping Duty Administrative 

Review,’’ dated December 9, 2022. 

5See Memorandum, ‘‘Extension of Deadline for 

the Final Results of Antidumping Duty 

Administrative Review,’’ dated May 22, 2022; and 

‘‘Correction of Subject Line for Extension of 

Preliminary Results,’’ dated May 25, 2023. 

6For a complete description of the scope of the 

Order, see Preliminary Decision Memorandum. 

7See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Results of Antidumping Duty 

Administrative Review; 2021–2022: Heavy Walled 

Rectangular Welded Carbon Steel Pipes and Tubes 

from Mexico,’’ dated concurrently with, and hereby 

adopted by, this notice (Preliminary Decision 

Memorandum). 

8For more information regarding the calculation 

of this margin, see Memorandum, ‘‘Calculation of 

the Weighted-Average Dumping Margin for NonSelected Companies for the Preliminary Results,’’ 

dated concurrently with this notice. As the 

weighting factor, we relied on the publicly ranged 

sales data reported in the quantity and value charts 

submitted by Maquilacero and Prolamsa. 

9See 19 CFR 351.224(b). 

10See 19 CFR 351.309(c)(1)(ii). 

11See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020). 

S.A. de C.V. (Prolamsa) for individual 

examination as mandatory respondents 

in this administrative review.4

On May 25, 2023, Commerce 

extended the preliminary results of this 

review until September 29, 2023.5

Scope of the Order 

The products covered by the Order 

are HWR pipes and tubes from Mexico.6

A full description of the scope of Order 

is contained in the Preliminary Decision 

Memorandum.7

Methodology 

Commerce is conducting this review 

in accordance with sections 751(a)(1)(B) 

and (2) of the Tariff Act of 1930, as 

amended (the Act). Export price and 

constructed export price are calculated 

in accordance with section 772 of the 

Act. NV is calculated in accordance 

with section 773 of the Act. 

For a full description of the 

methodology underlying these 

preliminary results, see the Preliminary 

Decision Memorandum. A list of topics 

discussed in the Preliminary Decision 

Memorandum is attached as an 

appendix to this notice. The Preliminary 

Decision Memorandum is a public 

document and is made available to the 

public 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 is available at 

https://access.trade.gov/public/

FRNoticesListLayout.aspx. 

Rate for Non-Examined Companies 

The statute and Commerce’s 

regulations do not address the 

establishment of a rate to be applied to 

companies not selected for examination 

when Commerce limits its examination 

in an administrative review pursuant to 

section 777A(c)(2) of the Act. 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, for 

guidance when calculating the rate for 

companies which were not selected for 

individual examination in an 

administrative review. 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. 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}.’’ In this 

administrative review, we preliminarily 

calculated weighted-average dumping 

margins for the mandatory respondents, 

Maquilacero and Prolamsa, that are not 

zero, de minimis, or based entirely on 

total facts available. Accordingly, 

Commerce is preliminarily assigning to 

the companies not individually 

examined, listed in the chart below, a 

margin of 4.33 percent which is the 

weighted-average of Maquilacero’s and 

Prolamsa’s calculated weighted-average 

dumping margins.8

Preliminary Results of Review 

Commerce preliminarily determines 

that the following estimated weightedaverage dumping margins exist for the 

period September 1, 2021, through 

August 31, 2022: 

Exporter/producer 

Weightedaverage 

dumping 

margin 

(percent) 

Maquilacero S.A. de C.V ............................................................................................................................................................... 5.14 

Productos Laminados de Monterrey S.A. de C.V ......................................................................................................................... 3.91 

Review-Specific Average Rate Applicable to the Following Companies 

Aceros del Toro S.A. de C.V ......................................................................................................................................................... 4.33 

Aceros El Fraile S.A. de C.V ......................................................................................................................................................... 4.33 

Border Assembly S. de R.L. de C.V ............................................................................................................................................. 4.33 

Buffalo Tube S.A. de C.V .............................................................................................................................................................. 4.33 

Fortacero S.A. de C.V ................................................................................................................................................................... 4.33 

Grupo Collado S.A. de C.V ........................................................................................................................................................... 4.33 

Perfiles y Herrajes L.M. S.A. de C.V ............................................................................................................................................. 4.33 

P.J. Trailers Company S.A. de C.V ............................................................................................................................................... 4.33 

Placa y Fierro de Monterrey S.A. de C.V ..................................................................................................................................... 4.33 

Regiomontana de Perfiles y Tubos S.A. de C.V ........................................................................................................................... 4.33 

Disclosure and Public Comment 

We intend to disclose the calculations 

performed to parties within five days 

after public announcement of the 

preliminary results.9 Interested parties 

may submit case briefs or other written 

comments to Commerce no later than 30 

days after the date of publication of this 

notice.10 Rebuttal briefs, limited to 

issues raised in the case briefs, may be 

filed no later than seven days after the 

deadline for filing case briefs.11


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices 69129 

12See 19 CFR 351.309(c)(2) and (d)(2). 

13See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020). 

14See section 751(a)(3)(A) of the Act and 19 CFR 

351.213(h). 

15See Antidumping Proceedings: Calculation of 

the Weighted-Average Dumping Margin and 

Assessment Rate in Certain Antidumping 

Proceedings: Final Modification, 77 FR 8101, 8103 

(February 14, 2012). 

16 Id., 77 FR at 8102–03; see also 19 CFR 

351.106(c)(2). 

17See Order; see also Antidumping and 

Countervailing Duty Proceedings: Assessment of 

Antidumping Duties, 68 FR 23954 (May 6, 2003). 

18See section 751(a)(2)(C) of the Act. 19See Order. 

Interested parties who submit case 

briefs 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.12 Note that Commerce has 

temporarily modified certain of its 

requirements for serving documents 

containing business proprietary 

information, until further notice.13

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing must submit a written request to 

the Assistant Secretary for Enforcement 

and Compliance, filed electronically via 

ACCESS. Hearing requests should 

contain: (1) the party’s name, address, 

and telephone number; (2) the number 

of participants; and (3) a list of issues to 

be discussed. Oral presentations at the 

hearing will be limited to issues raised 

in the briefs. An electronically filed 

hearing request must be received 

successfully in its entirety by 

Commerce’s electronic records system, 

ACCESS, by 5:00 p.m. Eastern Time 

within 30 days after the date of 

publication of this notice. 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. 

Final Results of Review 

Unless extended, Commerce intends 

to issue the final results of this 

administrative review, including the 

results of its analysis of issues raised in 

any written briefs, no later than 120 

days after the date of publication of 

these preliminary results in the Federal 

Register.14

Assessment Rates 

Upon completion of the final results 

of this administrative review, Commerce 

shall determine, and U.S. Customs and 

Border Protection (CBP) shall assess, 

antidumping duties on all appropriate 

entries of subject merchandise covered 

by this review. 

If a respondent’s weighted-average 

dumping margin is not zero or de 

minimis (i.e., less than 0.50 percent) in 

the final results of this review, we 

intend to calculate an importer-specific 

assessment rate based on the ratio of the 

total amount of dumping calculated for 

each importer’s examined sales to the 

total entered value of those same sales 

in accordance with 19 CFR 

351.212(b)(1).15 If the respondent has 

not reported entered values, we will 

calculate a per-unit assessment rate for 

each importer by dividing the total 

amount of dumping calculated for the 

examined sales made to that importer by 

the total quantity associated with those 

sales. To determine whether an 

importer-specific, per-unit assessment 

rate is de minimis, in accordance with 

19 CFR 351.106(c)(2), we also will 

calculate an importer-specific ad 

valorem ratio based on estimated 

entered values. If either of the 

respondents’ weighted average dumping 

margin or an importer-specific 

assessment rate is zero or de minimis in 

the final results of review, we intend to 

instruct CBP to liquidate appropriate 

entries without regard to antidumping 

duties.16

For entries of subject merchandise 

during the POR produced by each 

individually examined respondent for 

which the producer did not know that 

the merchandise was destined for the 

United States, we will instruct CBP to 

liquidate unreviewed entries at the allothers rate (4.91 percent) if there is no 

rate for the intermediate company(ies) 

involved in the transaction.17

For the companies identified above 

that were not selected for individual 

examination, we will instruct CBP to 

liquidate entries at the rate established 

after the completion of the final results 

of this review. 

The final results of this administrative 

review shall be the basis for the 

assessment of antidumping duties on 

entries of merchandise covered by this 

review and for future deposits of 

estimated duties, where applicable.18

Commerce intends to issue 

assessment instructions to CBP no 

earlier than 41 days after the date of 

publication of the final results of this 

review in the Federal Register, in 

accordance with 19 CFR 356.8(a). 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective 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 the companies 

listed above will be equal to the 

weighted-average dumping margin 

established in the final results of this 

review, except if the rate is less than 

0.50 percent and, therefore, de minimis 

within the meaning of 19 CFR 

351.106(c)(1), in which case the cash 

deposit rate will be zero; (2) for 

merchandise exported by companies not 

covered in this review but covered in a 

prior segment of this proceeding, the 

cash deposit rate will continue to be the 

company-specific rate published in the 

completed segment for the most recent 

period; (3) if the exporter is not a firm 

covered in this review, a prior review, 

or the original less-than-fair-value 

(LTFV) investigation, but the producer 

is, then the cash deposit rate will be the 

rate established in the completed 

segment for the most recent period for 

the producer of the merchandise; and 

(4) the cash deposit rate for all other 

producers or exporters will continue to 

be 4.91 percent, the all-others rate 

established in the LTFV investigation.19

These cash deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Notification to Importers 

This notice also serves as a 

preliminary 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 Commerce’s 

presumption that reimbursement of 

antidumping duties occurred and the 

subsequent assessment of doubled 

antidumping duties. 

Notification to Interested Parties 

We are issuing and publishing these 

results in accordance with sections 

751(a)(1) and 777(i)(1) of the Act, and 19 

CFR 351.221(b)(4). 

Dated: September 28, 2023. 

Lisa W. Wang, 

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. Discussion of the Methodology 

V. Currency Conversion 

VI. Recommendation 

[FR Doc. 2023–22202 Filed 10–4–23; 8:45 am] 

BILLING CODE 3510–DS–P 


ddrumheller on DSK120RN23PROD with NOTICES1