[Federal Register Volume 66, Number 83 (Monday, April 30, 2001)]
[Notices]
[Pages 21311-21313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10683]


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DEPARTMENT OF COMMERCE

International Trade Administration A-201-805


Circular Welded Non-Alloy Steel Pipe From Mexico: Final Results 
of Antidumping Duty Administrative Review

<BD>AGENCY: <RM>Import Administration, International Trade 
Administration, Department of Commerce.

<BD>ACTION: <RM>Notice of final results of antidumping duty 
administrative review of circular welded non-alloy steel pipe from 
Mexico.

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<BD>SUMMARY: <RM>On December 12, 2000, the Department of Commerce 
(``Department'') published the preliminary results of the 
administrative review of the antidumping duty order on circular welded 
non-alloy steel pipe from Mexico. <IT>See Circular Welded Non-Alloy 
Steel Pipe From Mexico: Preliminary Results and Partial Recission of 
Antidumping Duty Administrative Review, <RM>65 FR 77560 (December 12, 
2000) (``Preliminary Results''). This review covers one manufacturer/
exporter of the subject merchandise, Tuberia Nacional S.A. de C.V. 
(``TUNA''). The period of review (``POR'') is November 1, 1998 through 
October 31, 1999.
    We gave interested parties an opportunity to comment on the 
preliminary results. Based upon our verification of the data and 
analysis of the comments received, we have made changes in the margin 
calculation. Therefore, the final results differ from the preliminary 
results of this review. The final weighted-average dumping margin is 
listed below in the section titled ``Final Results of the Review.''

[[Page 21312]]


<BD>EFFECTIVE DATE: <RM>April 30, 2001.

<BD>FOR FURTHER INFORMATION CONTACT: <RM>John Drury or Steve 
Bezirganian, Enforcement Group III, Office 8, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue, NW., Washington, DC 20230, at telephone 202-482-
0195 or 202-482-1131, respectively.

<BD>SUPPLEMENTARY INFORMATION:

<RM>Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 1930 
(``Act'') are references to the provisions effective January 1, 1995, 
the effective date of the amendments made to the Act by the Uruguay 
Round Agreements Act (``URAA''). In addition, unless otherwise 
indicated, all citations to the Department's regulations are to the 
regulations at 19 CFR part 351 (1999).

Background

    The Department published an antidumping duty order on circular 
welded non-alloy steel pipe and tube from Mexico on November 2, 1992 
(57 FR 49453). The Department published a notice of ``Opportunity to 
Request an Administrative Review'' of the antidumping duty order for 
the 1998/99 review period on November 16, 1999 (64 FR 62167). 
Respondents TUNA and Hylsa S.A. de C.V. (``Hylsa''), as well as 
petitioners, requested that the Department conduct an administrative 
review of the antidumping duty order on circular welded non-alloy steel 
pipe and tube from Mexico. We initiated this review on December 21, 
1999. <IT>See <RM>64 FR 72644 (December 28, 1998).
    The Department received a timely request for withdrawal from the 
administrative review from the respondent Hylsa on March 15, 2000. On 
March 22, 2000, petitioners also withdrew their request for a review of 
Hylsa. In accordance with 19 CFR 351.213(d)(1), the Department 
terminated this review for respondent Hylsa. <IT>See <RM>Preliminary 
Results.
    Under section 751(a)(3)(A) of the Act, the Department may extend 
the deadline for issuing a preliminary determination in an 
administrative review if it determines that it is not practicable to 
complete the preliminary review within the statutory time limit of 245 
days. On August 11, 2000, the Department published a notice of 
extension of the time limit for the preliminary results in this case to 
November 29, 2000. <IT>See <RM>Extension of Time Limit: Circular Welded 
Non-Alloy Pipe From Mexico; Antidumping Administrative Review, 65 FR 
49223 (August 11, 2000).
    We gave interested parties an opportunity to comment on our 
Preliminary Results. TUNA and petitioners filed briefs on January 11 
and January 12, 2001. On January 16, 2001, TUNA and petitioners filed 
rebuttal briefs. No hearing was requested or held.

Period of Review

    The review covers the period November 1, 1998 through October 31, 
1999. The Department is conducting this review in accordance with 
section 751 of the Act.

Scope of the Review

    The products covered by these orders 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 
pipe 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 these orders. 
All carbon steel pipes and tubes within the physical description 
outlined above are included within the scope of these orders, except 
line pipe, oil country tubular goods, boiler tubing, mechanical tubing, 
pipe and tube hollows for redraws, finished scaffolding, and finished 
conduit. Standard pipe 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 these orders.
    Imports of the products covered by these orders 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 these proceedings is 
dispositive.

Analysis of Comments Received

    All issues raised in the case briefs, as well as the Department's 
findings, in this administrative review are addressed in the Issues and 
Decision Memorandum for the Administrative Review of Circular Welded 
Non-Alloy Steel Pipe From Mexico: November 1, 1998, through October 31, 
1999 (``Decision Memorandum''), from Joseph A. Spetrini, Deputy 
Assistant Secretary, Import Administration, to Bernard T. Carreau, 
Deputy Assistant Secretary, Import Administration (April 11, 2001), 
which is hereby adopted by this notice. A list of the issues raised and 
to which we have responded, all of which are in the Decision 
Memorandum, and a list of our changes, is attached to this notice as an 
Appendix. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in this public 
memorandum which is on file at the U.S. Department of Commerce, in the 
Central Records Unit, in room B-099. In addition, a complete version of 
the Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov. The paper copy and electronic version of the public 
version of the Decision Memorandum are identical in content.

Sales Below Cost in the Home Market

    As discussed in more detail in the Preliminary Results, the 
Department disregarded home market below-cost sales that failed the 
cost test in the final results of review.

Changes Since the Preliminary Results

    Based on our verification and analysis of the comments received, we 
have made certain changes in the margin calculation, as discussed in 
the Decision Memorandum. We have corrected our calculation of U.S. 
indirect selling expenses (``DINDIRSU''), made changes to our level of 
trade analysis, adjusted our cost calculations with respect to the B10 
inflation adjustment, and consolidated the reported G&A expenses for 
TUNA.

Final Results of the Review

    We determine that the following percentage weighted-average margin 
exists for the period November 1, 1998 through October 31, 1999:

[[Page 21313]]



                  Circular Welded Non-Alloy Steel Pipe
------------------------------------------------------------------------
                                                              Weighted-
                                                               average
               Producer/manufacturer/exporter                   margin
                                                              (percent)
------------------------------------------------------------------------
TUNA.......................................................         3.48
------------------------------------------------------------------------

    The Department shall determine, and the U.S. Customs Service 
(``Customs'') shall assess, antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b), we have calculated 
exporter/importer-specific assessment rates by dividing the total 
dumping margins calculated for the U.S. sales to the importer by the 
total entered value of these sales. This rate will be used for the 
assessment of antidumping duties on all entries of the subject 
merchandise by that importer during the POR. The Department's decision 
applies to all entries of subject merchandise produced and exported by 
TUNA, entered, or withdrawn from warehouse, for consumption on or after 
November 1, 1998 and on or before October 31, 1999.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of circular welded non-alloy steel pipe entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(1) of the Act: (1) The cash 
deposit rate for TUNA will be the rate shown above; (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 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 manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) if neither the exporter nor the manufacturer 
is a firm covered in these or any previous reviews conducted by the 
Department, the cash deposit rate will be the ``all others'' rate, 
which is 36.62 percent.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a violation which is subject to 
sanction. We are issuing and publishing this determination and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: April 11, 2001.
Timothy J. Hauser,
Acting Under Secretary for International Trade.

Appendix--Issues in Decision Memorandum

(1) Level of Trade/CEP Offset
    A. Methodology
    B. Fact pattern of the case--
    C. Overstatement of indirect selling expenses
(2) G&A Ratio
(3) Inflation Adjustments in the Mexican Market
(4) CEP Ratio

[FR Doc. 01-10683 Filed 4-27-01; 8:45 am]
BILLING CODE 3510-DS-P