[Federal Register Volume 73, Number 151 (Tuesday, August 5, 2008)]
[Notices]
[Pages 45400-45402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17719]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-836]


Notice of Amended Final Determination of Sales at Less Than Fair 
Value: Light-Walled Rectangular Pipe and Tube From Mexico

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: August 5, 2008.

FOR FURTHER INFORMATION CONTACT: Patrick Edwards or Judy Lao, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce (the Department), 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-8029 or (202) 482-7924, 
respectively.

Amendment to Final Determination

    In accordance with sections 735(a) and 777(i)(1) of the Tariff Act 
of 1930, as amended, (the Act), on June 13, 2008, the Department made a 
final determination of sales at less than fair value (LTFV) in the 
investigation of light-walled rectangular pipe and tube from Mexico. 
The final determination was subsequently released to all parties in the 
proceeding, and published in the Federal Register on June 24, 2008. See 
Notice of Final Determination of Sales at Less Than Fair Value: Light-
Walled Rectangular Pipe and Tube from Mexico, 73 FR 35649 (June 24, 
2008) (Final Determination). On June 23, 2008, and pursuant to 19 CFR 
351.224(c)(2), we received timely-filed allegations from respondents, 
Maquilacero S.A. de C.V. (Maquilacero) and Productos Laminados de 
Monterrey SA. de C.V. (PROLAMSA), that the Department made ministerial 
errors with respect to its final dumping margin calculations for both 
companies. See Letter from Maquilacero S.A. de C.V. to the Department 
of Commerce, regarding ``Ministerial Error Comments,'' dated June 23, 
2008 (Maquilacero Ministerial Letter); see also Letter from Productos 
Laminados de Monterrey S.A. de C.V., regarding ``Ministerial Error 
Comments,'' dated June 23, 2008 (PROLAMSA Ministerial Letter). On June 
25, 2008, we received comments from petitioners regarding the 
ministerial errors alleged by PROLAMSA. See Letter from Petitioners to 
the Department, regarding the ministerial errors alleged by PROLAMSA, 
dated June 25, 2008.
    After analyzing respondents' ministerial error comments, we have 
determined, in accordance with 19 CFR 351.224(e), that we made the 
following ministerial errors with respect to our final dumping margin 
calculations for Maquilacero and PROLAMSA.

Maguilacero

    The Department has revised its margin calculation for Maquilacero 
with regard to certain expense adjustments. Specifically, the 
Department inadvertently did not adjust the comparison and U.S. market 
net prices for certain expenses reported in Maquilacero's sales 
databases, i.e., maqhm06b and maqus06b.\1\ See

[[Page 45401]]

Maquilacero Ministerial Letter. The Department has revised its 
calculation of both the comparison and U.S. market net prices to adjust 
for these expenses as intended. For a detailed discussion of the 
ministerial errors alleged by Maquilacero as well as the Department's 
analysis, see Memorandum from the Team to Richard O. Weible, entitled, 
``Ministerial Error Allegation in the Final Determination of the 
Antidumping Duty Investigation of Light-Walled Rectangular Pipe and 
Tube from Mexico: Maquilacero S.A. de C.V.,'' dated July 24, 2008. 
Correcting these errors results in a revised margin of 2.40 percent for 
Maquilacero as indicated in the ``Amended Cash Deposits'' section 
below.

PROLAMSA

    The Department has revised its margin calculation for PROLAMSA, to 
correct for two errors. First, the Department inadvertently applied the 
incorrect scrap offset factor in calculating PROLAMSA's cost of direct 
materials in its final determination. Based on the Department's 
findings at verification, the Department recalculated PROLAMSA's 
variance factor to exclude the cost of direct materials for semi-
finished products. See Memorandum from Gina K. Lee, Accountant, to the 
File, regarding ``Verification of the Cost Response of Prolamsa (A-201-
836),'' dated April 15, 2008 (PROLAMSA Cost Verification Report) at 2, 
19-20. However, the Department inadvertently applied the original scrap 
offset factor to calculate PROLAMSA's cost of direct materials net of 
scrap revenue (DMNET) for the final determination. See PROLAMSA 
Ministerial Letter at 2. The Department is, therefore, revising its 
calculation of DMNET to reflect the revised scrap offset factor, as 
intended. Second, because the Department has revised PROLAMSA's total 
cost of manufacturing as described above, the Department is 
consequently revising the calculation of PROLAMSA's inventory carrying 
costs during the period of investigation because these costs are based 
upon PROLAMSA's cost of manufacturing.
    PROLAMSA further alleged a ministerial error with regard to the 
Department's calculation of its total cost of manufacturing. See 
PROLAMSA Ministerial Letter at 3-4. Specifically, PROLAMSA alleges that 
the Department made a mathematical calculation error by applying the 
adjusted variance factor to its total cost of manufacturing which 
includes an amount for the B-10 adjustment.\2\ After reviewing 
PROLAMSA's allegation, we have determined that the alleged error is 
methodological in nature and, therefore, does not constitute a 
ministerial error within the meaning of 19 CFR 351.224(f). For a 
detailed discussion of the ministerial errors alleged by PROLAMSA as 
well as the Department's analysis, see Memorandum from the Team to 
Richard O. Weible, entitled, ``Ministerial Error Allegations in the 
Final Determination of the Antidumping Duty Investigation of Light-
Walled Rectangular Pipe and Tube from Mexico: Productos Laminados de 
Monterrey S.A. de C.V.,'' dated July 24, 2008. Correcting the scrap 
offset factor and adjusting the calculation of PROLAMSA's inventory 
carrying costs to account for this correction, results in a revised 
margin for PROLAMSA of 5.12 percent as indicated in the ``Amended Cash 
Deposits'' section below.
    Therefore, in accordance with 19 CFR 35 1.224(e), we are amending 
the final determination of sales at LTFV in the antidumping duty 
investigation of light-walled rectangular pipe and tube from Mexico for 
Maquilacero and PROLAMSA.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted-average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero and de 
minimis margins and any margins determined entirely under section 776 
of the Act. For this amended final determination, we have calculated 
amended margins for Maquilacero and PROLAMSA that are both above de 
minimis . Notwithstanding the language of section 705(c)(1)(B)(i)(I) of 
the Act, we have not calculated the all-others rate by weight averaging 
the rates of Maquilacero and PROLAMSA, because doing so risks 
disclosure of proprietary information.
    Therefore, for purposes of determining the all-others rate, and 
pursuant to section 735(c)(5)(A) of the Act, we are using the simple-
average rate of the amended dumping margins calculated for Maquilacero 
and PROLAMSA, i.e., 3.76 percent.

Amended Cash Deposits

    The revised weighted-average dumping margins are as follows: \3\

------------------------------------------------------------------------
                                             Final        Amended final
                                         determination       weighted
         Manufacturer/exporter              weighted      average margin
                                            average         percentage
------------------------------------------------------------------------
Maquilacero S.A. de C.V...............             2.94             2.40
Productos Laminados de Monterrey S.A.              5.73             5.12
 de C.V...............................
Arco Metal S.A. de C.V................             4.33             3.76
Hylsa S.A. de C.V.....................             4.33             3.76
Internacional de Aceros, S.A. de C.V..             4.33             3.76
Perfiles y Herrajes LM, S.A. de C.V...             4.33             3.76
Regiomontana de Perfiles y Tubos......             4.33             3.76
Talleres Acero Rey S.A. de C.V........             4.33             3.76
Tuberia Laguna, S.A. de C.V...........             4.33             3.76
All-Others............................             4.33             3.76
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[[Page 45402]]

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of light-walled rectangular pipe and 
tube from Mexico. CBP shall require a cash deposit equal to the 
estimated amount by which the normal value exceeds the U.S. price as 
indicated in the chart above. These instructions suspending liquidation 
will remain in effect until further notice.
    This amended determination is issued and published pursuant to 
section 735(e) of the Act.

    Dated: July 24, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
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    \1\ The Department verified these adjustments during its 
verification of Maquilacero's comparison and U.S. market sales. See 
Verification of the Sales Responses of Maquilacero S.A. de C.V in 
the Antidumping Investigation of Light-Walled Rectangular Pipe and 
Tube from Mexico, dated April 11, 2008.
    \2\ In the Final Determination, the Department increased the 
total cost of manufacturing for each product by the percentage 
difference between the subject merchandise variance percentage 
recalculated by the Department and the variance percentage 
previously reported by PROLAMSA. See ``Issues and Decision 
Memorandum for the Final Determination of the Antidumping Duty 
Investigation of Light-Walled Rectangular Pipe and Tube from 
Mexico,'' from Stephen J. Claeys, Deputy Assistant Secretary for 
Import Administration, to David M. Spooner, Assistant Secretary for 
Import Administration, dated June 13, 2008. See also ``Cost of 
Production and Constructed Value Calculation Adjustments for the 
Final Determination: Productos Laminados de Monterrey S.A. de 
C.V.,'' memorandum from Gina K. Lee to Neal M. Halper, dated June 
13, 2008.
    \3\ The Department determined an adverse facts available (AFA) 
rate of 11.50 percent in the final determination of sales at LTFV of 
this investigation for certain Mexican producers and/or exporters of 
LWR that were non-responsive to our requests for information. The 
Department based the AFA rate upon the highest estimated margin 
alleged in the petition. See Notice of Final Determination of Sales 
at Less Than Fair Value: Light-Walled Rectangular Pipe and Tube from 
Mexico, 73 FR 35649 (June 24, 2008). We note that the AFA rate of 
11.50 percent continues to apply for these companies.
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[FR Doc. E8-17719 Filed 8-4-08; 8:45 am]
BILLING CODE 3510-DS-M