Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 77265 

1See Heavy Walled Rectangular Welded Carbon 

Steel Pipes and Tubes from Mexico: Final Results 

of Antidumping Duty Administrative Review; 2018– 

2019, 86 FR 41448 (August 2, 2021) (Final Results), 

and accompanying Issues and Decision 

Memorandum (IDM). 

2See Heavy Walled Rectangular Welded Carbon 

Steel Pipes and Tubes from Mexico: Preliminary 

Results of Antidumping Duty Administrative 

Review; 2018–2019, 86 FR 7067 (January 26, 2021) 

(Preliminary Results), and accompanying 

Preliminary Decision Memorandum. 

3See Nucor Tubular Products Inc. v. United 

States, 619 F. Supp. 3d 1279 (CIT 2023). 

4 Id. at 1286–7. 

5See Final Results of Redetermination Pursuant 

to Court Remand, Nucor Tubular Products Inc. v. 

United States, 619 F. Supp. 3d 1279 (CIT 2023), 

dated March 17, 2023 (Final Remand). 

6See Nucor Tubular Products Inc. v. United 

States, Court No. 21–00543, Slip Op. 23–104 (CIT 

2023). 

7See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

8See Diamond Sawblades Mfrs. Coal. v. United 

States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond 

Sawblades). 

9See Final Remand for details related to the 

margin calculations. 

V. Discussion of the Issues 

Comment 1: Quarterly Costs 

Comment 2: Movement Expenses 

Comment 3: Inland Insurance Currency 

Conversion 

Comment 4: Commission Expenses 

Currency Conversion 

VI. Recommendation 

[FR Doc. 2023–24810 Filed 11–8–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–847] 

Heavy Walled Rectangular Welded 

Steel Pipes and Tubes From Mexico: 

Notice of Court Decision Not in 

Harmony With the Results of 

Antidumping Administrative Review; 

Notice of Amended Final Results 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On July 19, 2023, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in Nucor 

Tubular Products Inc. v. United States, 

Court No. 21–00543, sustaining the U.S. 

Department of Commerce’s (Commerce) 

remand results pertaining to the 

administrative review of the 

antidumping duty (AD) order on heavy 

walled rectangular welded steel pipes 

and tubes (HWR pipes and tubes) from 

Mexico covering the period of review 

(POR), September 1, 2018, through 

August 31, 2019. Commerce is notifying 

the public that the CIT’s final judgment 

is not in harmony with Commerce’s 

final results of the administrative review 

and that Commerce is amending the 

final results with respect to the 

dumping margins assigned to 

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

and Productos Laminados de Monterrey 

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

DATES: Applicable July 29, 2023. 

FOR FURTHER INFORMATION CONTACT: 

David Crespo, 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. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 2, 2021, Commerce 

published its Final Results.1 In the Final 

Results, Commerce made no changes to 

the Preliminary Results 2 and continued 

to rely on the same (1) home market and 

U.S. sales for Maquilacero’s cost 

recovery test; and (2) currency 

conversion programming for Prolamsa. 

We found that Maquilacero and 

Prolamsa did not make sales of subject 

merchandise at less than normal value 

(NV) during the POR. 

Nucor Tubular Products, Inc. (Nucor), 

i.e., the domestic interested party, 

appealed Commerce’s Final Results. On 

January 18, 2023, the CIT remanded the 

Final Results to Commerce to reconsider 

Nucor’s ministerial error comments and 

reexamine (1) the placeholder numbers 

used to calculate Maquilacero’s 

quarterly costs in the Preliminary 

Results; and (2) Commerce’s assessment 

of Prolamsa’s home market price 

calculations and correct any potential 

errors in its currency conversions.3

Specifically, the CIT held that 

Commerce needed to reconsider the 

above company-specific calculations in 

order to address the ministerial error 

comments and correctly implement its 

quarterly cost methodology for 

Maquilacero, and calculate the correct 

NV for Prolamsa, so that Commerce 

meets its obligation to calculate 

antidumping duty rates as accurately as 

possible.4 In the Final Remand, issued 

in March 2023, Commerce reconsidered 

the facts on the record and corrected the 

(1) time period of U.S. sales used in 

Maquilacero’s home market SAS 

program to be based on all U.S. sales 

made in the POR; and (2) currency of 

certain variables to base Prolamsa’s NV 

calculation on the correct currency.5 On 

July 19, 2023, the CIT sustained 

Commerce’s Final Remand.6

Timken Notice 

In its decision in Timken,7 as clarified 

by Diamond Sawblades,8 the U.S. Court 

of Appeals for the Federal Circuit held 

that, pursuant to section 516A(c) and (e) 

of the Tariff Act of 1930, as amended 

(the Act), Commerce must publish a 

notice of court decision that is not ‘‘in 

harmony’’ with a Commerce 

determination and suspend liquidation 

of entries pending a ‘‘conclusive’’ court 

decision. The CIT’s July 19, 2023, 

judgment constitutes a final decision of 

the CIT that is not in harmony with 

Commerce’s Final Results. Thus, this 

notice is published in fulfillment of the 

publication requirements of Timken. 

Amended Final Results 

Because there is now a final court 

judgment, Commerce is amending its 

Final Results with respect to Prolamsa, 

Maquilacero, and the margin for nonselected companies as follows: 9

Producer/exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Maquilacero S.A. de C.V ............ 3.48 

Productos Laminados de 

Monterrey S.A. de C.V ............ 2.11 

Arco Metal S.A. de C.V .............. 2.51 

Forza Steel S.A. de C.V ............. 2.51 

Industrias Monterrey, S.A. de 

C.V ........................................... 2.51 

Perfiles y Herrajes LM S.A. de 

C.V ........................................... 2.51 

PYTCO S.A. de C.V ................... 2.51 

Regiomontana de Perfiles y 

Tubos S.A. de C.V .................. 2.51 

Ternium S.A. de C.V ................... 2.51 

Tuberia Nacional, S.A. de C.V ... 2.51 

Tuberias Procarsa S.A. de C.V .. 2.51 

Cash Deposit Requirements 

Because Maquilacero and Prolamsa 

each have cash deposit rates that have 

been superseded by a subsequent 

administrative review of the AD order at 

this time, Commerce will not issue 

revised cash deposit instructions to U.S. 

Customs and Border Protection (CBP). 

This notice will not affect the current 

cash deposit rate for these two 

companies. 

With respect to all the non-selected 

companies, because the cash deposit 

rates have not been superseded by a 

subsequent administrative review of the 

AD order at this time, Commerce 

intends to issue amended cash deposit 

instructions to CBP. 

Liquidation of Suspended Entries 

Because the CIT’s ruling has not been 

appealed, in accordance with 19 CFR 

351.212(b), Commerce intends to 

instruct CBP to assess antidumping 

duties on the following unliquidated 

entries of subject merchandise: (1) 


ddrumheller on DSK120RN23PROD with NOTICES1
77266 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 

10See 19 CFR 351.106(c)(2). 

1See 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 or WRPT Korea 

Order). 

2See Circular Welded Carbon Quality Steel Pipe 

from the People’s Republic of China; Certain 

Circular Welded Non-Alloy Steel Pipe from the 

Republic of Korea; Certain Welded Carbon Steel 

Standard Pipes and Tubes from India; Certain 

Circular Welded Carbon Steel Pipes and Tubes from 

Taiwan; Certain Circular Welded Non-Alloy Steel 

Pipe from Taiwan; Light-Walled Rectangular Pipe 

and Tube from the People’s Republic of China; 

Light-Walled Rectangular Pipe and Tube from the 

Republic of Korea; Light-Walled Welded 

Rectangular Carbon Steel Tubing from Taiwan: 

Initiation of Circumvention Inquiries on the 

Antidumping and Countervailing Duty Orders, 87 

FR 47711 (August 4, 2022), and accompanying 

Circumvention Initiation Memorandum. 

3See Light-Walled Rectangular Pipe and Tube 

from the Republic of Korea: Preliminary 

Determination of Circumvention of the 

Antidumping Order, 88 FR 22002 (April 12, 2023) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum (PDM). 

4See Memorandum, ‘‘Extension of Deadline for 

Issuing Final Determinations in Circumvention 

Inquiries,’’ dated May 15, 2023. 

5See Memorandum, ‘‘Extension of Deadline for 

Issuing Final Determinations in Circumvention 

Inquiries,’’ dated July 20, 2023. 

6See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Circumvention Inquiry of the Antidumping Duty 

Order on Light-Walled Rectangular Pipe and Tube 

from the Republic of Korea,’’ dated concurrently 

with, and hereby adopted by, this notice (Issues and 

Decision Memorandum). 

7See Preliminary Determination PDM at 4–15. 

8See Issues and Decision Memorandum at 2. 

9See Preliminary Determination PDM at 11–12; 

see also Issues and Decision Memorandum at 

Comment 15. 

produced and exported by Maquilacero; 

(2) produced and exported by Prolamsa; 

and (3) produced and/or exported by the 

non-selected companies. Commerce 

intends to instruct CBP to assess 

antidumping duties on all appropriate 

entries covered by this review when the 

importer-specific ad valorem 

assessment rate is not zero or de 

minimis. Where an importer-specific ad 

valorem assessment rate is zero or de 

minimis,10 Commerce intends to 

instruct CBP to liquidate the appropriate 

entries without regard to antidumping 

duties. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c) and 

(e) and 777(i)(1) of the Act. 

Dated: November 1, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2023–24830 Filed 11–8–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–859] 

Light-Walled Rectangular Pipe and 

Tube From the Republic of Korea: 

Final Affirmative Determination of 

Circumvention of the Antidumping 

Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

imports of light-walled rectangular pipe 

and tube (LWRPT), completed in the 

Socialist Republic of Vietnam (Vietnam) 

using hot-rolled steel (HRS) produced in 

the Republic of Korea (Korea), are 

circumventing the antidumping duty 

(AD) order on LWRPT from Korea. 

DATES: Applicable November 9, 2023. 

FOR FURTHER INFORMATION CONTACT: 

George McMahon or Carolyn Adie, 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) 482–1167 or (202) 482–6250, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 5, 2008, Commerce 

published in the Federal Register the 

AD order on LWRPT from Korea.1 On 

August 4, 2022, Commerce initiated a 

country-wide circumvention inquiry to 

determine whether certain imports of 

LWRPT completed in Vietnam using 

HRS produced in Korea are 

circumventing the Order.2 On April 12, 

2023, Commerce published in the 

Federal Register its Preliminary 

Determination that imports of LWRPT 

completed in Vietnam using HRS 

produced in Korea are circumventing 

the Order.3

On May 15, 2023, Commerce 

extended the deadline for the final 

determination of this circumvention 

inquiry to August 4, 2023.4 On July 20, 

2023, Commerce further extended the 

deadline for the final determination to 

November 2, 2023.5 For a summary of 

events that occurred since the 

Preliminary Determination, as well as a 

full discussion of the issues raised by 

parties for consideration in the final 

determination, see the Issues and 

Decision Memorandum.6

The Issues and 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 Issues and 

Decision Memorandum can be accessed 

directly at https://access.trade.gov/ 

public/FRNoticesListLayout.aspx. 

Scope of the Order 

The products covered by the Order 

include certain welded carbon quality 

light-walled steel pipe and tube, of 

rectangular (including square) cross 

section, having a wall thickness of less 

than 4 mm. For a full description of the 

scope of the Order, see the Issues and 

Decision Memorandum. 

Merchandise Subject to the 

Circumvention Inquiry 

This circumvention inquiry covers 

LWRPT completed in Vietnam using 

Korea-origin HRS, which is 

subsequently exported from Vietnam to 

the United States (inquiry merchandise). 

Methodology 

Commerce is conducting this 

circumvention inquiry in accordance 

with section 781(b) of the Tariff Act of 

1930, as amended (the Act), and 19 CFR 

351.226. See Preliminary Determination 

PDM for a full description of the 

methodology.7 We have continued to 

apply this methodology, without 

exception, and incorporate by reference 

this description of the methodology, for 

our final determination.8

Determination of No Shipments 

Based on the information provided by 

Vina One Steel Manufacturing 

Corporation (Vina One) in this 

circumvention inquiry, Commerce 

continues to find, as it did in the 

Preliminary Determination, that Vina 

One had no shipments of inquiry 

merchandise to the United States during 

the period of inquiry, January 1, 2017, 

through December 31, 2021.9

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties in these 

inquiries are addressed in the Issues and 

Decision Memorandum. A list of the 

issues raised is attached to this notice at 

Appendix I. 

Based on our analysis of the 

comments received from interested 

parties, we made no changes to the 

Preliminary Determination, except for 

revisions to the certification language 

(see Appendix II), which we have 

modified in response to comments to 

allow parties to also use the 


ddrumheller on DSK120RN23PROD with NOTICES1