[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41818-41819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16494]



[[Page 41818]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-836]


Light-Walled Rectangular Pipe and Tube From Mexico: Amended Final 
Results of Antidumping Duty Administrative Review; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce

SUMMARY: The Department of Commerce (Commerce) is amending the final 
results of the administrative review of the antidumping duty (AD) order 
on light-walled rectangular pipe and tube from Mexico to correct 
certain ministerial errors. The period of review is August 1, 2018, 
through July 31, 2019.

DATES: Applicable August 3, 2021.

FOR FURTHER INFORMATION CONTACT: Kyle Clahane 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) 482-5449 or (202) 482-1009, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 25, 2021, the Department of Commerce (Commerce) published 
its Final Results of the 2018-2019 administrative review of the AD 
order on light-walled rectangular pipe and tube from Mexico.\1\ On July 
6, 2021, Maquilacero S.A. de C.V (Maquilacero), one of the respondents 
in this administrative review, timely submitted ministerial error 
comments regarding Commerce's Final Results.\2\ On July 8, 2021, Nucor 
Tubular Products, Inc., a domestic interested party, filed rebuttal 
comments concerning Maquilacero's allegations.\3\ On July 12, 2021, 
Maquilacero filed ministerial error surrebuttal comments.\4\ Commerce 
is amending its Final Results to correct certain ministerial errors 
alleged by Maquilacero.
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    \1\ See Light-Walled Rectangular Pipe and Tube from Mexico: 
Final Results of Antidumping Duty Administrative Review; 2018-2019, 
86 FR 33646 (June 25, 2021) (Final Results), and accompanying Issues 
and Decision Memorandum.
    \2\ See Maquilacero's Letter, ``Maquilacero S.A. de C.V.'s 
Ministerial Error Comments for the Final Results,'' dated July 6, 
2021.
    \3\ See Nucor's Letter, ``Comments on Maquilacero's Ministerial 
Errors,'' dated July 8, 2021.
    \4\ See Maquilacero's Letter, ``Maquilacero S.A. de C.V.'s 
Rebuttal Ministerial Error Comments for the Final Results,'' dated 
July 12, 2021.
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Legal Framework

    A ministerial error, as defined in section 751(h) of the Tariff Act 
of 1930, as amended (the Act), includes ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the [Commerce] considers ministerial.'' 
\5\ With respect to final results of administrative reviews, 19 CFR 
351.224(e) provides that Commerce ``will analyze any comments received 
and, if appropriate, correct any ministerial error by amending . . . 
the final results of review. . . .''
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    \5\ See also 19 CFR 351.224(f).
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Ministerial Errors

    Commerce committed inadvertent, unintentional errors within the 
meaning of section 751(h) of the Act and 19 CFR 351.224(f) with respect 
to an adjustment to the currency conversion of the gross unit price for 
certain of Maquilacero's home market sales, an adjustment to 
Maquilacero's scrap offset, the duplication of certain computer 
programming steps concerning Maquilacero's costs of production, and an 
adjustment to the further processing costs of Maquilacero's affiliate 
Tecnicas de Fluidos S.A. de C.V. Accordingly, Commerce determines that, 
in accordance with section 751(h) of the Act and 19 CFR 351.224(f), it 
made certain ministerial errors in the Final Results.
    For a complete description and analysis of Maquilacero's 
ministerial error allegations, please see the accompanying Ministerial 
Error Allegations Memorandum.\6\ The Ministerial Error Allegations 
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.
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    \6\ See Memorandum, ``Antidumping Duty Administrative Review of 
Light-Walled Rectangular Pipe and Tube from Mexico; 2018-2019: 
Ministerial Error Allegations,'' dated concurrently with, and hereby 
adopted by, this notice (Ministerial Error Allegations Memorandum).
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    Pursuant to 19 CFR 351.224(e), Commerce is amending the Final 
Results to reflect the correction of certain ministerial errors in the 
calculation of the weighted-average dumping margin assigned to 
Maquilacero in the Final Results, which changes from 4.23 percent to 
3.13 percent.\7\ Furthermore, we are revising the review-specific, 
weighted-average dumping margin applicable to the companies not 
selected for individual examination in this administrative review, 
which is based, in part, on Maquilacero's weighted-average dumping 
margin.\8\ For the companies which were not selected for individual 
examination, we have calculated their weighted-average dumping margin 
as the weighted average of the weighted-average dumping margins 
determined for the two mandatory respondents where the weights are the 
publicly ranged quantities sold by each of the mandatory respondents.
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    \7\ Id.
    \8\ In the case of two mandatory respondents, our practice is to 
calculate: (A) A weighted average of the dumping margins calculated 
for the mandatory respondents; (B) a simple average of the dumping 
margins calculated for the mandatory respondents: and (C) a weighted 
average of the dumping margins calculated for the mandatory 
respondents using each company's publicly ranged values for the 
merchandise under consideration. We compare (B) and (C) to (A) and 
select the rate closest to (A) as the most appropriate rate for all 
other companies. See Certain Crystalline Silicon Photovoltaic 
Products from Taiwan: Final Results of Antidumping Duty 
Administrative Review; 2014-2016, 82 FR 31555, 31556 (July 7, 2017). 
We have applied that practice here. See Memorandum, ``Calculation of 
Margin for Respondents Not Selected for Individual Examination,'' 
dated concurrently with this notice.
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Amended Final Results of the Review

    As a result of correcting these ministerial errors, Commerce 
determines that, for the period of August 1, 2018, through July 31, 
2019, the following weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                       Weighted-average
                Exporter or producer                    dumping margin
                                                           (percent)
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Maquilacero S.A. de C.V. and Tecnicas de Fluidos                    3.13
 S.A. de C.V........................................
Regiomontana de Perfiles y Tubos S. de R.L. de C.V.                 5.44
 (formerly Regiomontana de Perfiles y Tubos S.A. de
 C.V.) 9 10.........................................
Aceros Cuatro Caminos S.A. de C.V...................                4.44
Fabricaciones y Servicios de Mexico.................                4.44
Grupo Estructuras y Perfiles........................                4.44

[[Page 41819]]

 
Perfiles LM, S.A. de C.V............................                4.44
Productos Laminados de Monterrey S.A. de C.V........                4.44
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Disclosure

    We intend to disclose the calculation performed for these amended 
final results in accordance with 19 CFR 351.224(b).
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    \9\ In the Final Results, we determined that 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.
    \10\ The weighted-average dumping margin for Regionmontana de 
Perfiles y Tubos S. de R.L. de C.V. remains unchanged from the Final 
Results.
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Antidumping Duty Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with these amended final 
results of the administrative review.
    In accordance with 19 CFR 351.212(b)(1), Maquilacero and 
Regiomontana de Perfiles y Tubos S. de R.L. de C.V. reported the 
entered value of their U.S. sales such that we calculated importer-
specific ad valorem AD assessment rates based on the ratio of the total 
amount of dumping calculated for the examined sales for each importer 
to the total entered value of the sales for each importer. Where an 
importer-specific AD assessment rate is zero or de minimis within the 
meaning of 19 CFR 351.106(c)(1), Commerce will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
Commerce's ``automatic assessment'' will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which the reviewed companies did not know 
that the merchandise they sold to the intermediary (e.g., a reseller, 
trading company, or exporter) was destined for the United States. In 
such instances, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\11\
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For the companies which were not selected for individual 
examination, we will instruct CBP to assess antidumping duties at an ad 
valorem assessment rate equal to the weighted-average dumping margins 
determined in these amended final results.
    The amended final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the amended final results of this review and for future deposits of 
estimated duties, where applicable.\12\ Commerce intends to issue 
assessment instructions to CBP no earlier than 41 days after the date 
of publication of the amended final results of this review in the 
Federal Register, in accordance with 19 CFR 356.8(a).
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    \12\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective 
retroactively for all shipments of subject merchandise that entered, or 
were withdrawn from warehouse, for consumption on or after June 25, 
2021, the date of publication of the Final Results of this 
administrative review, as provided for 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 these 
amended final results of review; (2) for producers or exporters not 
covered in this review but covered in a prior segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding; (3) if the exporter is not a firm covered in this review or 
another completed segment of this proceeding, but the producer is, then 
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) if neither the exporter nor the producer is a firm 
covered in this or any previously completed segment of this proceeding, 
then the cash deposit rate will be the all-others rate of 3.76 percent 
established in the less-than-fair-value investigation.\13\
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    \13\ 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).
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a final 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 POR. Failure to comply with this 
requirement could result in the Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return or destruction of APO materials 
or conversion to judicial protective order is hereby requested. Failure 
to comply with the regulations and the terms of an APO is a 
sanctionable violation.

Notification to Interested Parties

    The amended final results and notice are issued and published in 
accordance with sections 751(h) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: July 28, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-16494 Filed 8-2-21; 8:45 am]
BILLING CODE 3510-DS-P