[Federal Register Volume 74, Number 228 (Monday, November 30, 2009)]
[Notices]
[Page 62595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28546]



[[Page 62595]]

-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1174-1175 (Preliminary)]


Seamless Refined Copper Pipe and Tube From China and Mexico

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(Commission) determines, pursuant to section 733(a) of the Tariff Act 
of 1930 (19 U.S.C. 1673b(a)) (the Act), that there is a reasonable 
indication that an industry in the United States is materially injured 
\2\ or threatened with material injury,\3\ by reason of imports from 
China and Mexico of seamless refined copper pipe and tube, provided for 
in subheadings 7411.10.10, and 8415.90.80 of the Harmonized Tariff 
Schedule of the United States, that are alleged to be sold in the 
United States at less than fair value (LTFV).
---------------------------------------------------------------------------

    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ Commissioner Charlotte R. Lane, Commissioner Irving A. 
Williamson, and Commissioner Dean A. Pinkert determine that there is 
a reasonable indication that an industry in the United States is 
materially injured by reason of imports of seamless refined copper 
pipe and tube from China and Mexico.
    \3\ Chairman Shara L. Aranoff, Vice Chairman Daniel R. Pearson, 
and Commissioner Deanna Tanner Okun determine that there is a 
reasonable indication that an industry in the United States is 
threatened with material injury by reason of imports of seamless 
refined copper pipe and tube from China and Mexico.
---------------------------------------------------------------------------

Commencement of Final Phase Investigation

    Pursuant to section 207.18 of the Commission's rules, the 
Commission also gives notice of the commencement of the final phase of 
its investigations. The Commission will issue a final phase notice of 
scheduling, which will be published in the Federal Register as provided 
in section 207.21 of the Commission's rules, upon notice from the 
Department of Commerce (Commerce) of affirmative preliminary 
determinations in the investigations under section 733(b) of the Act, 
or, if the preliminary determinations are negative, upon notice of 
affirmative final determinations in the investigations under section 
735(a) of the Act. Parties that filed entries of appearance in the 
preliminary phase of the investigations need not enter a separate 
appearance for the final phase of the investigations. Industrial users, 
and, if the merchandise under investigation is sold at the retail 
level, representative consumer organizations have the right to appear 
as parties in Commission antidumping and countervailing duty 
investigations. The Secretary will prepare a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigations.

Background

    On September 30, 2009, a petition was filed with the Commission and 
Commerce by Cerro Flow Products, Inc., St. Louis, MO; Kobe Wieland 
Copper Products, LLC, Pine Hall, NC; Mueller Copper Tube Products, Inc. 
and Mueller Copper Tube Company, Inc., Memphis, TN, alleging that an 
industry in the United States is materially injured or threatened with 
material injury by reason of LTFV imports of seamless refined copper 
pipe and tube from China and Mexico. Accordingly, effective September 
30, 2009, the Commission instituted antidumping duty investigation Nos. 
731-TA-1174-1175 (Preliminary).
    Notice of the institution of the Commission's investigations and of 
a public conference to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of October 6, 2009 (74 FR 51318). The 
conference was held in Washington, DC, on October 21, 2009, and all 
persons who requested the opportunity were permitted to appear in 
person or by counsel.
    The Commission transmitted its determinations in these 
investigations to the Secretary of Commerce on November 16, 2009. The 
views of the Commission are contained in USITC Publication 4116 
(November 2009), entitled Seamless Refined Copper Pipe and Tube from 
China and Mexico: Investigation Nos. 731-TA-1174-1175 (Preliminary).

    By order of the Commission.

    Issued: November 24, 2009.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E9-28546 Filed 11-27-09; 8:45 am]
BILLING CODE P