Mexico Light-Walled Rectangular Pipe and Tube: Final Results of AD Duty Admin Review
The International Trade Administration has issued the final results of its antidumping duty administrative review of light-walled rectangular pipe and tube from Mexico for the period of January 30, 2008 through July 31, 2009 (A-201-836).
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
(See below for assessment instructions for the provisional measures period and gap period liquidation without the assessment of AD duties.)
Final Results of Review
As a result of its review, the ITA determines that the following weighted-average margin percentages exist for the period of review:
| Company | Weighted average margin |
|---|---|
| Maquilacero S.A. de C.V. | 3.11% |
| Regiomontana de Perfiles y Tubos S.A. de C.V. | 9.15% |
| Galvak S.A. de C.V. | 6.13% |
| Industrias Monterrey S.A. de C.V. | 6.13% |
| Nacional de Acero S.A. de C.V. | 6.13% |
| Perfiles y Herrajes LM S.A. de C.V. | 6.13% |
| Productos Laminados de Monterrey S.A. de C.V. | 6.13% |
| Ternium Mexico S.A. de C.V.1 | 6.13% |
1In August 2009, the ITA determined that Ternium Mexico, S.A. de C.V., is the successor-in-interest to Hylsa S.A. de C.V. and should be treated as such for antidumping duty cash-deposit purposes. (See ITT's Online Archives or 08/18/09 news, 09081835, for BP summary.)
Estimated AD Cash Deposit Requirements
The following estimated AD duty cash deposit requirements are effective for all shipments of subject merchandise with a time of entry on or after February 18, 2011:
- The cash deposit rates for the reviewed companies will be the rates listed above;
- If the exporter is not a firm covered in this review but that was covered in the less-than-fair-value (LTFV) investigation, the cash deposit rate will continue to be the company-specific rate established in the investigation
- If the exporter is not a firm covered in this review or the investigation but the manufacturer is, the cash deposit rate will be the rate established for the manufacturer in the LTFV investigation; and
- The cash deposit rate for all other manufacturers or exporters will continue to be 3.76 percent, the all-others rate published in the amended final determination of the LTFV investigation.
Assessment Instructions, Provisional Measures (Jan 30-July 27, 2008)
The ITA will issue assessment instructions to U.S. Customs and Border Protection, as follows:
For Maquilacero and Regiopytsa, importer/customer-specific ad valorem duty assessment rates that are above de minimis (0.5%) for entries in the August 5, 2008 - July 31, 2009 period, will be collected by U.S Customs and Border Protection.
For entries made during the provisional-measures period (i.e., January 30, 2008 - July 27, 2008), the ITA will instruct CBP to liquidate the entries pursuant to 19 CFR 351.212.
(According to 19 CFR 351.212, during the provisional measures period, the rate of duty assessed for an entry is capped at the lowest rate -- either the preliminary or final determination’s estimated deposit rate, or the calculated assessment rate.)
For the other listed companies, the ITA will instruct CBP to apply the rates listed above to the entries of subject merchandise produced and/or exported by these other companies for entries in the period of August 5, 2008, - July 31, 2009.
For entries made during the provisional-measures period (i.e., January 30, 2008 - July 27, 2008), the ITA states it will instruct CBP to apply the lowest of the rates calculated or assigned, if that rate is above de minimis. If that rate is below de minimis, the ITA will instruct CBP to liquidate the entries without assessment of AD duties.
For firms not assigned a company-specific rate in the ITA's amended final AD duty determination and order, it will instruct CBP to apply the all-others rate of 3.76%.
Gap Period (July 28 - Aug 4, 2008)
For any entries of subject merchandise made during the gap period from July 28, 2008, through August 4, 2008, the ITA will instruct CBP to terminate the suspension of liquidation and to liquidate these entries without regard to antidumping duties.
(A gap period occurs when the period for which the AD suspension of liquidation may remain in effect before an order is issued has ended. The subject AD duty order was issued on August 5, 2008. See ITT's Online Archives or 08/06/08 news, 08080645, for BP summary.)
Automatic Assessment Instructions for Intermediaries
The ITA adds that it clarified its automatic-assessment regulation in May 2003, which applies to entries of subject merchandise during the period of review produced by companies included in these final results of review for which these companies did not know that the merchandise it sold to an intermediary was destined for the U.S. In such instances, the ITA will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.
(See ITT's Online Archives or 06/02/03 news, 03060245, for BP summary of the ITA's May 2003 "automatic assessment" regulation.)
(See ITA notice for more information, including the scope of the order, changes since the preliminary results, etc.
See ITT's Online Archives or 09/14/10 news, 10091407, for BP summary of the preliminary results of this review.)
ITA contact -- John Drury (202) 482-0195
(FR Pub 02/18/11, ITA Case No. A-201-836)