[Federal Register Volume 74, Number 158 (Tuesday, August 18, 2009)]
[Notices]
[Pages 41680-41681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19822]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Final Results of Antidumping Duty Changed Circumstances Review:
Light-Walled Rectangular Pipe and Tube From Mexico
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 18, 2009, the Department of Commerce (the Department)
made its preliminary determination that Ternium Mexico S.A. de C.V.
(Ternium) is the successor-in-interest to Hylsa S.A. de C.V. (Hylsa)
and should be treated as such for antidumping duty cash deposit
purposes. See Notice of Preliminary Results of Antidumping Duty Changed
Circumstances Review: Light-Walled Rectangular Pipe and Tube from
Mexico, 74 FR 28887 (June 18, 2009) (Preliminary Results). For purposes
of these final results of review, the Department has determined that
Ternium is the successor-in-interest to Hylsa and, as a result, should
be accorded the same treatment previously accorded to Hylsa in regard
to the antidumping duty order on light-walled rectangular pipe and tube
(LWRPT) from Mexico as of the date of publication of this notice in the
Federal Register.
DATES: Effective Date: August 18, 2009.
FOR FURTHER INFORMATION CONTACT: John Drury or Brian Davis, AD/CVD
Operations, Office 7, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
0195 or (202) 482-7924, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 3, 2008, Ternium requested that the Department conduct
a changed circumstances review of the antidumping duty order of LWRPT
from Mexico to determine whether Ternium is the successor-in-interest
to Hylsa and should be treated as such for antidumping duty cash
deposit purposes. See Notice of Initiation of Antidumping Duty Changed
Circumstances Review: Light-Walled Rectangular Pipe and Tube from
Mexico, 73 FR 63686 (October 27, 2008) (Notice of Initiation). On June
18, 2009, the Department preliminarily determined that Ternium is the
successor-in-interest to Hylsa and should be treated as such for
antidumping duty cash deposit purposes. See Preliminary Results.
On July 13, 2009, the Department published in the Federal Register
a notice extending the time limit for these final results to August 17,
2009. See Light-Walled Rectangular Pipe and Tube from Mexico; Extension
of Time Limit for Final Results of Antidumping Duty Changed
Circumstances Review, 74 FR 33406 (July 13, 2009).
In the Preliminary Results, we stated that interested parties could
request a hearing no later than 30 days after the publication of the
Preliminary Results, submit case briefs to the Department no later than
30 days after the publication of the Preliminary Results, and submit
rebuttal briefs, limited to the issues raised in those case briefs,
five days subsequent to the case briefs' due date. We did not receive
any hearing requests or comments on the Preliminary Results.
Scope of the Order
The merchandise subject to this order is 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 carbon-quality 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
[[Page 41681]]
molybdenum, or 0.10 percent of niobium, or 0.15 percent vanadium, or
0.15 percent of zirconium.
The description of carbon-quality is intended to identify carbon-
quality products within the scope. The welded carbon-quality
rectangular pipe and tube subject to this order is currently classified
under the Harmonized Tariff Schedule of the United States (HTSUS)
subheadings 7306.61.50.00 and 7306.61.70.60. While HTSUS subheadings
are provided for convenience and customs purposes, our written
description of the scope of this order is dispositive.
Final Results of Changed Circumstances Review
Based on the information provided by Ternium, the Department's
analysis in the Preliminary Results, and the fact that interested
parties did not submit any briefs during the comment period, the
Department hereby determines that Ternium is the successor-in-interest
to Hylsa for antidumping duty cash deposit purposes.
Instructions to U.S. Customs and Border Protection
The Department will instruct U.S. Customs and Border Protection to
continue to suspend liquidation of all shipments of the subject
merchandise produced and exported by Ternium entered, or withdrawn from
warehouse, for consumption, on or after the publication date of this
notice in the Federal Register at 3.76 percent (i.e., Hylsa's cash
deposit rate). This deposit requirement shall remain in effect until
further notice.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. Timely written notification of
the return/destruction of APO materials or conversion to judicial
protective order is herby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation.
We are issuing and publishing these final results and notice in
accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Tariff
Act of 1930, as amended, and 19 CFR 351.216.
Dated: August 11, 2009.
Carole Showers,
Acting Deputy Assistant Secretary For Policy and Negotiations.
[FR Doc. E9-19822 Filed 8-17-08; 8:45 am]
BILLING CODE 3510-DS-S