[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Notices]
[Pages 73422-73424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29783]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-838]


Seamless Refined Copper Pipe and Tube From Mexico: Preliminary 
Results of Antidumping Duty Administrative Review; 2010-2011

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on seamless refined 
copper pipe and tube from Mexico. The review covers two producers/
exporters of the subject merchandise, GD Affiliates S. de R.L. de C.V. 
and its affiliate Hong Kong GD Trading Co., Ltd. (collectively, Golden 
Dragon) and Nacional de Cobre, S.A. de C.V. (Nacobre). The period of 
review (POR) is May 1, 2011, through October 31, 2011, for Golden 
Dragon and November 22, 2010, through October 31, 2011, for Nacobre. We 
have preliminarily found that sales of the subject merchandise have not 
been made at prices below normal value.

DATES: Effective Date: December 10, 2012.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Dennis McClure, 
AD/CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3874 or (202) 482-5973, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the order is seamless refined copper 
pipe and tube. The product is currently classified under the Harmonized 
Tariff Schedule of the United States (HTSUS) subheadings 7407.10.1500, 
7419.99.5050, 8415.90.8065, and 8415.90.8085. Although the HTSUS 
numbers are provided for convenience and customs purposes, the written 
product description, available in Seamless Refined Copper Pipe and Tube 
From Mexico and the People's Republic of China: Antidumping Duty Orders 
and Amended Final Determination of Sales at Less Than Fair Value From 
Mexico, 75 FR 71070 (Nov. 22, 2010) (Amended Final and Order), remains 
dispositive.

Methodology

    The Department has conducted this review in accordance with section

[[Page 73423]]

751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed 
export price is calculated in accordance with section 772 of the Act. 
Normal value is calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the memorandum from Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, 
Acting Assistant Secretary for Import Administration, entitled, 
``Decision Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review: Seamless Refined Copper Pipe and Tube from 
Mexico'' (dated concurrently with this notice) (Preliminary Decision 
Memorandum), which is hereby adopted by this notice. The Preliminary 
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 http://iaaccess.trade.gov and it is 
available to all parties in the Central Records Unit, 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
Internet at http://www.trade.gov/ia/. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that no 
weighted-average dumping margin exists for Golden Dragon for the period 
May 1, 2010, through October 31, 2011, or for Nacobre for the period 
November 22, 2010, through October 31, 2011.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days of the date of publication of this notice.\1\ Pursuant 
to 19 CFR 351.309(c), interested parties may submit cases briefs not 
later than 30 days after the date of publication of this notice. 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed not later than five days after the date for filing case 
briefs.\2\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\3\ Case and rebuttal briefs should be filed using IA 
ACCESS.\4\
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    \1\ See 19 CFR 351.224(b).
    \2\ See 19 CFR 351.309(d).
    \3\ See 19 CFR 351.309(c)(2) and (d)(2).
    \4\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
filed electronically via IA ACCESS. An electronically-filed document 
must be received successfully in its entirety by the Department's 
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time 
within 30 days after the date of publication of this notice.\5\ 
Requests should contain: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs. The Department will issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act.
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    \5\ See 19 CFR 351.310(c).
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Assessment Rates

    Upon issuance of the final results, the Department shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. Golden Dragon 
and Nacobre reported the names of the importers of record and the 
entered value for all of their sales to the United States during the 
POR. If Golden Dragon's and Nacobre's weighted-average dumping margins 
are above de minimis (i.e., 0.50 percent) in the final results of this 
review, we will calculate importer-specific assessment rates on the 
basis of the ratio of the total amount of dumping calculated for the 
importer's examined sales and the total entered value of those sales in 
accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific assessment rate calculated in the final 
results of this review is above de minimis. Where either the 
respondent's weighted-average dumping margin is zero or de minimis, or 
an importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by Golden Dragon and Nacobre for 
which they did not know its merchandise was destined for the United 
States. In such instances, we 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. For a full discussion of this 
clarification, see Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of seamless refined copper pipe and tube from Mexico 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication as provided by section 751(a)(2) of the Act: (1) 
The cash deposit rates for Golden Dragon and Nacobre will be the rates 
established in the final results of this administrative review; (2) for 
merchandise exported by manufacturers or exporters not covered in this 
review but covered in a prior segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment; (3) if the exporter is not a 
firm covered in this review, a prior review, or the original 
investigation but the manufacturer is, the cash deposit rate will be 
the rate established for the most recently completed segment for the 
manufacturer of the merchandise; (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 26.03 percent, the 
all-others rate established in the Amended Final and Order. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice also serves as a preliminary 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 Secretary's presumption that

[[Page 73424]]

reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Fair-Value Comparisons
2. Targeted Dumping
3. Product Comparisons
4. Date of Sale
5. Constructed Export Price
6. Normal Value
7. Currency Conversion

[FR Doc. 2012-29783 Filed 12-7-12; 8:45 am]
BILLING CODE 3510-DS-P