[Federal Register Volume 75, Number 74 (Monday, April 19, 2010)]
[Notices]
[Pages 20342-20344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8991]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-805]
Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Final
Results of Antidumping Duty Administrative Review and Rescission of
Administrative Review in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 7, 2009, the Department of Commerce (the
Department) published the preliminary results of the administrative
review of the antidumping duty order on certain circular welded non-
alloy steel pipe from Mexico. See Certain Circular Welded Non-Alloy
Steel Pipe From Mexico; Preliminary Results of Antidumping Duty
Administrative Review, 74 FR 64049 (December 7, 2009) (Preliminary
Results). While the review originally covered eight companies, we
rescinded the review with respect to all but the remaining three
respondents. See Certain Circular Welded Non-Alloy Steel Pipe from
Mexico: Notice of Partial Rescission of Antidumping Duty Administrative
Review, 74 FR 20919 (May 6, 2009). We therefore treated Tuberia
Nacional, S.A. de C.V. (TUNA), Ternium Mexico, S.A. de C.V. (Ternium)
\1\ and Mueller Comercial de Mexico, S. de R.L. (Mueller) as mandatory
respondents for the period November 1, 2007, to October 31, 2008. Based
on our analysis of the comments received, we have made no changes from
the Preliminary Results. We have listed the final dumping margin below
in the section entitled ``Final Results of Review.''
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\1\ Consistent with the Preliminary Results, and the
Department's changed circumstances review of this order which found
Ternium the successor-in-interest to Hylsa, we continue to consider
Ternium and Hylsa as a single entity. See Preliminary Results; see
also Final Results of Antidumping Duty Changed Circumstances Review:
Certain Circular Welded Non-Alloy Steel Pipe and Tube from Mexico,
74 FR 41681 (August 18, 2009).
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DATES: Effective Date: April 19, 2010.
FOR FURTHER INFORMATION CONTACT: Maryanne Burke or Robert James, 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-
5604 and (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2009, the Department published in the Federal
Register the preliminary results of the administrative review of the
antidumping duty order on certain circular welded non-alloy steel pipe
from Mexico for the period November 1, 2007, to October 31, 2008. See
Preliminary Results. In response to the Department's invitation to
comment on the preliminary results of this review, petitioner United
States Steel Corporation (U.S. Steel), and respondents Mueller and
Ternium filed their case briefs on January 6, 2010. U.S. Steel and
respondent TUNA submitted rebuttal briefs on January 14, 2010.\2\
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\2\ On January 7, 2010, U.S. Steel requested an extension of its
rebuttal brief which was granted by the Department. The new deadline
for all parties' rebuttal briefs was set for January 14, 2010.
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As explained in the memorandum from the Deputy Assistant Secretary
for Import Administration, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from February 5, through February 12, 2010. Thus, all
deadlines in this segment of the proceeding have been extended by seven
days. The revised deadline for the final results of this administrative
review is now April 13, 2010. See Memorandum to the Record from Ronald
Lorentzen, DAS for Import Administration, regarding ``Tolling of
Administrative Deadlines As a Result of the Government Closure During
the
[[Page 20343]]
Recent Snowstorm,'' dated February 12, 2010.
Scope of the Order
The products covered by this order 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 this order, 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 U.S. as line pipe of a kind used for oil or gas pipelines is
also not included in this order.
The merchandise covered by the order and subject to this review are
currently classified in the Harmonized Tariff Schedule of the United
States (HTSUS) at 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 HTSUS 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 and rebuttal briefs by interested
parties in this administrative review are addressed in the Issues and
Decision Memorandum (Decision Memorandum) from John M. Andersen, Acting
Deputy Assistant Secretary for Import Administration, to Ronald K.
Lorentzen, Deputy Assistant Secretary for Import Administration, dated
April 13, 2010, which is hereby adopted by this notice. A list of the
issues which parties have raised and to which we have responded, all of
which are in the Decision Memorandum, 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 in the Central Records Unit in room 1117
of the main Department building. In addition, a complete version of the
Decision Memorandum can be accessed directly via the Internet at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version
of the Decision Memorandum are identical in content.
Rescission of Review in Part
In the Preliminary Results, we preliminarily found TUNA's claim
that it made no shipments of subject merchandise during the period of
review was consistent with import data provided by U.S. Customs and
Border Protection (CBP) as well as additional information developed on
the record of this review. Accordingly, we stated our intent to rescind
the administrative review with respect to this company. See Preliminary
Results. We received comments about this issue from TUNA and U.S.
Steel, and continue to find that TUNA did not make entries, exports, or
sales of subject merchandise during the POR. For the final results of
this review, we are, therefore, rescinding the review with respect to
TUNA.
Use of Total Adverse Facts Available
The Department found in the Preliminary Results that Ternium and
Mueller failed to cooperate to the best of their ability by withholding
information requested by the Department's questionnaire, and thereby
impeded the Department's proceeding. See Preliminary Results.
Therefore, in accordance with section 776(b) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR 351.308(c), the Department
preliminarily selected 48.33 percent as the adverse facts available
dumping margin. The Department received comments regarding its
preliminary application of the adverse facts available dumping margin
to Ternium and Mueller. For these final results, the Department has not
altered its analysis or decision to apply the adverse facts available
dumping margin to Ternium and Mueller. See accompanying Decision
Memorandum for the issues raised by the parties and addressed by the
Department.
Final Results of Review
We determine the following percentage margin exists for the period
November 1, 2007 to October 31, 2008:
------------------------------------------------------------------------
Weighted-
Average
Manufacturer/ Exporter margin
(percentage)
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Ternium................................................... 48.33
Mueller................................................... 48.33
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Assessment
The Department will determine, and CBP shall assess, antidumping
duties on all appropriate entries, pursuant to section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.212(b). We will
issue appraisement instructions directly to CBP to assess antidumping
duties on appropriate entries by applying the assessment rate to the
entered value of the merchandise. Pursuant to 19 CFR 356.8(a), the
Department intends to issue assessment instructions to CBP 41 days
after the date of publication of these final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results for all shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the publication date of these final results of administrative
review, consistent with section 751(a)(1) of the Act: (1) The cash
deposit rate for the reviewed companies will be the rate listed above;
(2) if the exporter is not a firm covered in this review, but was
covered in a previous review or the original less-than-fair-value
(LTFV) investigation, 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 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) the cash deposit rate for all
other manufacturers or exporters will continue to be 32.62 percent, the
all-others rate established in the LTFV investigation. See Final
Determination of Sales at Less Than Fair Value: Circular Welded Non-
Alloy Steel Pipe From Mexico, 57 FR 42953 (September 17, 1992). These
deposit requirements, when imposed, shall remain in effect until
further notice.
[[Page 20344]]
Notification to Interested Parties
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 review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
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 351.305, which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the 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.
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: April 13, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix--List of Issues in Decision Memorandum
Comment 1: Application of Total AFA to Ternium
Comment 2: Application of Total AFA to Mueller
Comment 3: Rescission of Administrative Review for TUNA
[FR Doc. 2010-8991 Filed 4-16-10; 8:45 am]
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