Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices 45211 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 82 FR 

48051 (October 16, 2017) (Initiation Notice). 

2See Memorandum, ‘‘Decision Memorandum for 

Preliminary Results of Antidumping Duty 

Administrative Review: Light-Walled Rectangular 

Pipe and Tube from Mexico; 2016–2017’’, dated 

concurrently with this notice. 

3 If the new deadline falls on a non-business day, 

in accordance with Commerce’s practice, the 

deadline will become the next business day. 

4See Memorandum for The Record from 

Christian Marsh, Deputy Assistant Secretary for 

Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant 

Secretary for Enforcement and Compliance, 

‘‘Deadlines Affected by the Shutdown of the 

Federal Government’’ (Tolling Memorandum), 

dated January 23, 2018. All deadlines in this 

segment of the proceeding have been extended by 

3 days. The new deadline falls on Sunday, May 6, 

2018. The next business day is Monday, May 7, 

2018. 

5See Memorandum, ‘‘Light-Walled Rectangular 

Pipe and Tube form Mexico: Extension of Deadline 

for Preliminary Results of Antidumping Duty 

Administrative Review; 2016/2017,’’ dated April 5, 

2018. 

6See Light-Walled Rectangular Pipe and Tube 

from Mexico: Initiation and Expedited Preliminary 

Results of Changed Circumstances Review, 82 FR 

54322 (November 17, 2017) and accompanying 

Preliminary Decision Memorandum, unchanged in 

Light-Walled Rectangular Pipe and Tube from 

Mexico: Final Results of Changed Circumstances 

Review, 83 FR 13475 (March 29, 2018) (Commerce 

determined that Perfiles LM, S.A. de C.V. is the 

successor-in-interest to Perfiles y Herrajes). 

7See 19 CFR 351.224(b) 

8See 19 CFR 351.309(c)(1)(ii). 

9See 19 CFR 351.309(d)(1). 

hearing. The Catalog of Federal 

Domestic Assistance official number 

and title for the program under which 

these petitions are submitted is 11.313, 

Trade Adjustment Assistance for Firms. 

Irette Patterson, 

Program Analyst. 

[FR Doc. 2018–19271 Filed 9–5–18; 8:45 am] 

BILLING CODE 3510–WH–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–836] 

Light-Walled Rectangular Pipe and 

Tube From Mexico: Preliminary 

Results of Antidumping Duty 

Administrative Review; 2016–2017 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that Maquilacero S.A. de C.V. 

(Maquilacero) and Regiomontana de 

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

(Regiopytsa) made sales of subject 

merchandise at less than normal value 

during the period of review (POR) 

August 1, 2016, through July 31, 2017. 

Interested parties are invited to 

comment on these preliminary results. 

DATES: Applicable September 6, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Madeline Heeren or Kent Boydston, 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) 482–9179 or (202) 482–5649, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 16, 2017, we published 

the notice of initiation for this 

administrative review.1 For a complete 

description of the events that followed 

the initiation of the review, see the 

Preliminary Decision Memorandum.2

Commerce exercised its discretion to 

toll deadlines for the duration of the 

closure of the Federal Government from 

January 20 through 22, 2018,3 moving 

the deadline for the preliminary results 

to May 6, 2018.4 On April 5, 2018, we 

extended the time limit for completion 

of the preliminary results of the review 

to no later than August 31, 2018.5 A list 

of topics included in the Preliminary 

Decision Memorandum is included in 

the Appendix to this notice. 

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 and to all 

parties in the Central Records Unit, 

located in room B8094 of the main 

Department of Commerce building. 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. 

Scope of the Order 

The scope of this order covers 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. The term 

carbon-quality steel includes both 

carbon steel and alloy steel which 

contains only small amounts of alloying 

elements. Specifically, the term carbonquality 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 of 

vanadium, or 0.15 percent of zirconium. 

The description of carbon-quality is 

intended to identify carbon-quality 

products within the scope. The weldedcarbon quality rectangular pipe and tube 

subject to the order is currently 

classified under the Harmonized Tariff 

Schedule of the United States (HTSUS) 

subheadings 7306.61.50.00 and 

7306.61.70.60. This tariff classification 

is provided for convenience and 

Customs purposes; however, the written 

description of the scope of the order is 

dispositive. 

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 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. 

Preliminary Results of Review 

We preliminarily determine that, for 

the period August 1, 2016, through July 

31, 2017, the following weightedaverage dumping margins exist: 

Producer/Exporter 

Weightedaverage 

margin 

(percent) 

Maquilacero S.A. de C.V. ..... 4.48 

Perfiles y Herrajes LM, S.A. 

de C.V.6 ............................ 10.80 

Productos Laminados de 

Monterrey S.A. de C.V. ..... 10.80 

Regiomontana de Perfiles y 

Tubos S.A. de C.V. ........... 16.23 

Disclosure and Public Comment 

Wewill disclose to parties to the 

proceeding any calculations performed 

in connection with these preliminary 

results of review within five days after 

the date of publication of this notice.7

Interested parties may submit case briefs 

not later than 30 days after the date of 

publication of this notice in the Federal 

Register.8 Rebuttal briefs, limited to 

issues raised in the case briefs, may be 

filed not later than five days after the 

date for filing case briefs.9 Parties who 

submit case or rebuttal briefs in this 

proceeding are encouraged to submit 

with each argument: (1) A statement of 


daltland on DSKBBV9HB2PROD with NOTICES
45212 Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices 

10See 19 CFR 351.309(c)(2) and (d)(2). 

11See 19 CFR 351.303. 

12See 19 CFR 351.310(c) 

13See 19 CFR 351.310(d). 

14See 19 CFR 351.212(b)(1). 

15See Antidumping Proceedings: Calculation of 

the Weighted-Average Dumping Margin and 

Assessment Rate in Certain Antidumping 

Proceedings: Final Modification, 77 FR 8101, 8102 

(February 14, 2012) (Final Modification for 

Reviews). 

16See Certain Steel Nails from the Republic of 

Korea, Malaysia, the Sultanate of Oman, Taiwan, 

and the Socialist Republic of Vietnam: 

Antidumping Duty Orders, 80 FR 39994 (July 13, 

2015). 

17See Antidumping and Countervailing Duty 

Proceedings: Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003) (Assessment Policy Notice). 

the issue; (2) a brief summary of the 

argument; and (3) a table of 

authorities.10 Case and rebuttal briefs 

should be filed using ACCESS.11

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.12 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, we intend to hold the hearing 

at the U.S. Department of Commerce, 

1401 Constitution Avenue NW, 

Washington, DC 20230, at a date and 

time to be determined.13 Parties should 

confirm by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

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 

Upon issuance of the final results, 

Commerce will determine, and U.S. 

Customs and Border Protection (CBP) 

shall assess, antidumping duties on all 

appropriate entries covered by this 

review.14 If a respondent’s weightedaverage dumping margin is not zero or 

de minimis in the final results of this 

review and the respondent reported 

reliable entered values, we will 

calculate importer-specific ad valorem 

assessment rates for the merchandise 

based on the ratio of the total amount of 

dumping calculated for the examined 

sales made during the period of review 

to each importer to the total entered 

value of those same sales in accordance 

with 19 CFR 351.212(b)(1). If the 

respondent has not reported reliable 

entered values, we will calculate a perunit assessment rate for each importer 

by dividing the total amount of 

dumping for the examined sales made 

during the period of review to that 

importer by the total sales quantity 

associated with those transactions. 

Where an importer-specific ad valorem 

assessment rate is zero or de minimis, 

we will instruct CBP to liquidate the 

appropriate entries without regard to 

antidumping duties in accordance with 

19 CFR 351.106(c)(2). If the 

respondent’s weighted-average dumping 

margin is zero or de minimis in the final 

results of review, we will instruct CBP 

not to assess duties on any of its entries 

in accordance with the Final 

Modification for Reviews, i.e., ‘‘ {w}here 

the weighted-average margin of 

dumping for the exporter is determined 

to be zero or de minimis, no 

antidumping duties will be assessed.’’ 15

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 un-reviewed entries at the allothers rate of 3.76 percent, as 

established in the less-than-fair-value 

investigation of the order, if there is no 

rate for the intermediate company(ies) 

involved in the transaction.16 For a full 

discussion of this matter, see 

Assessment Policy Notice.17

For the firms covered by this review, 

we intend to issue liquidation 

instructions to CBP 15 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 Maquilacero and 

Regiopytsa and other companies listed 

above will be equal to the weightedaverage 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. 

These cash deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

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: August 29, 2018. 

Christian Marsh, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

1. Summary 

2. Background 

3. Scope of the Order 

4. Companies Not Selected for Individual 

Examination 

5. Discussion of the Methodology 

6. Date of Sale 

7. Comparisons to Normal Value 

A. Determination of Comparison Method 

B. Results of the Differential Pricing 

Analysis 

8. Product Comparisons 

9. Export Price 

10. Normal Value 

A. Home Market Viability as Comparison 

Market 

B. Level of Trade 

C. Sales to Affiliates 

D. Cost of Production 

1. Calculation of Cost of Production 

2. Test of Comparison Market Sales Prices 

3. Results of the Cost of Production Test 

E. Calculation of Normal Value Based on 

Comparison Market Prices 

F. Price-to-Constructed Value Comparison 

11. Currency Conversion 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices 45213 

1See Rubber Bands from the People’s Republic of 

China, Sri Lanka, and Thailand: Initiation of LessThan-Fair-Value Investigations, 83 FR 8424, 8425 

(February 27, 2018) (Initiation Notice). 

2See Rubber Bands from the People’s Republic of 

China and Thailand: Postponement of Preliminary 

Determinations in the Less-Than-Fair-Value 

Investigations, 83 FR 29748 (June 26, 2018). 

3See the memorandum, ‘‘Decision Memorandum 

for the Preliminary Determination in the Less-ThanFair-Value Investigation of Rubber Bands from the 

People’s Republic of China,’’ dated August 29, 2018 

(Preliminary Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

5See Initiation Notice. 

6See Greenbrier’s and Conair’s letter, ‘‘Rubber 

Bands from, Thailand, China and Sri Lanka: Scope 

Comments,’’ dated March 12, 2018; Jafferjee’s letter, 

‘‘Rubber Bands from Thailand: Scope Comments,’’ 

dated March 12, 2018; and, the petitioner’s letter, 

‘‘Petition for the Imposition of Antidumping and 

Countervailing Duties on Rubber Bands from 

Thailand and China—Rebuttal Scope Comments,’’ 

dated March 22, 2018. 

7See Memorandum, ‘‘Rubber Bands from 

Thailand and the People’s Republic of China: Scope 

Comments Decision Memorandum for the 

Preliminary Determination,’’ dated concurrently 

with this notice (Preliminary Scope Decision 

Memorandum). 

8See the memorandum, ‘‘Antidumping Duty 

Investigation of Rubber Bands from the People’s 

Republic of China: Delivery of Quantity and Value 

Questionnaire to Exporters/Producers,’’ dated 

March 6, 2018. 

9

12. Recommendation 

[FR Doc. 2018–19337 Filed 9–5–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–069] 

Less-Than-Fair-Value Investigation of 

Rubber Bands From the People’s 

Republic of China: Preliminary 

Affirmative Determination of Sales at 

Less Than Fair Value and Preliminary 

Affirmative Determination of Critical 

Circumstances 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that rubber bands from the People’s 

Republic of China (China) are being or 

are likely to be sold in the United States 

at less than fair value (LTFV). The 

period of investigation (POI) is July 1, 

2017, through December 31, 2017. 

Interested parties are invited to 

comment on this preliminary 

determination. 

DATES: Applicable September 6, 2018. 

FOR FURTHER INFORMATION CONTACT: Paul 

Stolz or Stephanie Berger, 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) 482–4474 or (202) 482–2483, 

respectively. 

SUPPLEMENTARY INFORMATION:

Background 

This preliminary determination is 

made in accordance with section 733(b) 

of the Tariff Act of 1930, as amended 

(the Act). We published the notice of 

initiation of this investigation on 

February 27, 2018.1 On June 26, 2018, 

we postponed the preliminary 

determination of this investigation. The 

revised deadline is now August 29, 

2018.2 For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.3 A list of topics 

included in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. 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, and to all parties in the 

Central Records Unit, room B8024 of the 

main Department of Commerce 

building. 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. 

Scope of the Investigation 

The products covered by this 

investigation are rubber bands from 

China. For a complete description of the 

scope of this investigation, see 

Appendix I. 

Scope Comments 

In accordance with the preamble to 

Commerce’s regulations,4 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope).5 Certain interested 

parties provided comments on the scope 

of the investigation as it appeared in the 

Initiation Notice.6 For a summary of the 

product coverage comments and 

rebuttal responses submitted to the 

record for this preliminary 

determination, and accompanying 

discussion and analysis of all comments 

timely received, see the Preliminary 

Scope Decision Memorandum.7 We are 

preliminarily modifying the scope 

language as it appeared in the Initiation 

Notice. See the revised scope in 

Appendix I to this notice. 

Methodology 

We are conducting this investigation 

in accordance with section 731 of the 

Act. Pursuant to section 776(a) and (b) 

of the Act, we have preliminarily relied 

upon facts otherwise available, with 

adverse inferences, for the China-wide 

entity because it did not respond to our 

requests for information. Specifically, 

all companies to which Commerce 

issued quantity and value (Q&V) 

questionnaires failed to respond.8 Thus, 

no companies have demonstrated their 

eligibility for a separate rate and are 

preliminarily found to be part of the 

China-wide entity. Furthermore, we find 

that the China-wide entity’s lack of 

participation, including the failure of 

certain parts of the China-wide entity to 

submit Q&V information, constitutes 

circumstances under which it is 

reasonable to conclude that the Chinawide entity as a whole failed to 

cooperate to the best of its ability to 

comply with Commerce’s request for 

information. For a full description of the 

methodology underlying Commerce’s 

preliminary determination, see the 

Preliminary Decision Memorandum. 

Preliminary Affirmative Determination 

of Critical Circumstances 

On June 11, 2018, as revised on 

August 7, 2018, the petitioner timely 

filed a critical circumstances allegation, 

pursuant to section 733(e)(1) of the Act 

and 19 CFR 351.206, alleging that 

critical circumstances exist with respect 

to imports of rubber bands from China.9

Based on the failure of all respondents, 

and thus the China-wide entity, to 

cooperate to the best of their ability to 

comply with Commerce’s requests for 

information, we preliminarily determine 

that massive imports of rubber bands 

from China existed for the China-wide 

entity, based on adverse facts available, 

pursuant to section 733(e)(1)(B) of the 

Act. In addition, we have preliminarily 

determined that there is a reasonable 

basis to believe or suspect that 

importers knew, or should have known, 

that merchandise was being sold for less 

than fair value and that those sales were 

likely to cause material injury in 

accordance with section 733(e)(1)(A)(ii) 

of the Act. 

For a full description of the 

methodology and the results of 

Commerce’s analysis, see the 

Preliminary Decision Memorandum. 


daltland on DSKBBV9HB2PROD with NOTICES