Import Administration, International Trade Administration, Department of Commerce.
On December 11, 2012, 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.
As of June 7, 2013.
Mark Flessner 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) 482–6312 and (202) 482–0649, respectively.
On December 11, 2012, the Department published in the
In response to the Department's invitation to comment on the
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).
All issues raised in the case brief and the rebuttal brief are addressed in the Issues and Decision Memorandum (Decision Memorandum) from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, dated May 30, 2013, which is hereby adopted by this notice. A list of the issues raised is attached to this notice as Appendix I. The Decision Memorandum is a public document and is on file electronically via Import Administration's Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). Access to IA ACCESS is available to registered users at
As stated in the
As stated above, the request for administrative review of Ternium, which had been selected as a mandatory respondent, was timely withdrawn.
The companies for which administrative reviews were requested and not rescinded (
TUNA and its successor in interest,
Mueller submitted a “no shipments” letter on April 9, 2013. An inquiry was made to CBP to confirm that no shipments by Mueller were recorded at the ports during the POR. No record evidence contradicts the assertion of Mueller that it made no shipments of subject merchandise into the United States. Therefore, we find that Mueller did not make shipments of subject merchandise into the United States during this POR.
Conduit also submitted a claim that “it did not have any exports, sales, or entries of the subject merchandise to the United States” during the POR on April 9, 2013. An inquiry was made to CBP to confirm that no reviewable sales by Conduit were recorded at the ports during the POR. No record evidence contradicts the assertion of Conduit that it made no reviewable sales of subject merchandise into the United States. Therefore, we find that Conduit did not make reviewable sales of subject merchandise into the United States during this POR.
As stated above, all of the requests for administrative review with respect to Galvak, HYLSA, IMSA, Southland, and Ternium were timely withdrawn; the administrative reviews with respect to these five companies were preliminarily rescinded.
The Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries, pursuant to section 751(a)(1) of 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.
The Department clarified its “automatic assessment” regulation on May 6, 2003.
For PYTCO's no-sale entry, subject merchandise that is entered for consumption but is not sold either in the form as entered or as further manufactured merchandise to an unaffiliated customer in the United States is not subject to antidumping duties because there is no U.S. sale, and, therefore, no dumping in the United States.
For all entries by TUNA, Lamina y Placa, Mueller, and Conduit, we will instruct CBP to assess antidumping duties in accordance with the reseller policy.
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)(2)(C) of the Act: (1) The cash deposit rate for the reviewed companies will continue to be the company-specific rates published for the most recently completed segment in which the company participated; (2) for merchandise exported by producers or exporters not covered in this review, but covered in a previous segment of this proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which that manufacturer or exporter participated; (3) if the exporter is not a firm covered in a prior segment of this proceeding, but the manufacturer is, then the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the subject 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 original antidumping investigation.
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 Tariff Act of 1930, as amended.