[Federal Register Volume 78, Number 113 (Wednesday, June 12, 2013)]
[Notices]
[Pages 35244-35245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13983]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-838]


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

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

SUMMARY: On December 10, 2012, the Department of Commerce (the 
Department) published in the Federal Register the Preliminary Results 
of the 2010-2011 administrative review of the antidumping duty order on 
seamless refined copper tube and pipe from Mexico.\1\ This 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).\2\ We gave interested parties an opportunity to comment 
on the Preliminary Results and, based upon our analysis of the 
comments, we continue to find that subject merchandise has not been 
sold at less than normal value.
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    \1\ See Seamless Refined Copper Pipe and Tube From Mexico: 
Preliminary Results of Antidumping Duty Administrative Review; 2010-
2011, 77 FR 73422 (December 10, 2012) (Preliminary Results) and 
accompanying Decision Memorandum.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 76 FR 
82268 (December 30, 2011); see also Seamless Refined Copper Pipe and 
Tube From Mexico: Notice of Partial Rescission of Antidumping Duty 
Administrative Review, 77 FR 10476 (February 22, 2012).

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DATES: Effective Date: June 12, 2013.

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: 

Background

    On December 10, 2012, the Department published in the Federal 
Register the Preliminary Results of the 2010-2011 administrative review 
of the antidumping duty order on seamless copper pipe and tube from 
Mexico. We invited parties to comment on the Preliminary Results. We 
received case briefs from Nacobre and the petitioners \3\ on January 9, 
2013. We received rebuttal briefs from Golden Dragon, Nacobre, and the 
petitioners on January 18, 2013. On March 28, 2013, the Department 
exercised its discretion to extend the deadline for the final results 
of this administrative review until June 10, 2013.\4\
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    \3\ The petitioners are Cerro Flow Products, LLC, Wieland Copper 
Products, LLC, Mueller Copper Tube Products, Inc. and Mueller Copper 
Tube Company, Inc.
    \4\ See the March 28, 2013, Memorandum to Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, through James Maeder, Director, Office 2, Office of AD/
CVD Operations, from Dennis McClure, Analyst, entitled ``Seamless 
Refined Copper Pipe and Tube from Mexico: Extension of Deadline for 
Final Results of Antidumping Duty Administrative Review.''
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Scope of the Order

    The merchandise subject to the order \5\ 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 Amended Final and Order, remains 
dispositive.
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    \5\ See 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 (November 22, 2010) (Amended Final and Order).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this administrative review are listed in the Appendix to this notice 
and addressed in the Issues and Decision Memorandum, which is adopted 
by this notice. 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 electronically via Import

[[Page 35245]]

Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``IA ACCESS''). IA ACCESS is available to 
registered users at http://iaaccess.trade.gov, and is available to all 
parties in the Central Records Unit, Room 7046, of the main Department 
of Commerce building.
    In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn/. The paper copy and electronic version of the 
Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    We revised our preliminary margin calculations for Golden Dragon 
and Nacobre to use the home market sales data they reported in their 
post-preliminary submissions to the Department. We made no other 
changes to the calculation of Golden Dragon's and Nacobre's weighted-
average dumping margins in these final results.

Period of Review

    The period of review is May 1, 2011, through October 31, 2011, for 
Golden Dragon and November 22, 2010, through October 31, 2011, for 
Nacobre.

Final Results of the Review

    As a result of our review, we determine that sales of the subject 
merchandise have not been made at prices below normal value for the 
period May 1, 2011, and October 31, 2011, for Golden Dragon and 
November 22, 2010, through October 31, 2011, for Nacobre.

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b)(1), the Department has 
determined, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries of subject merchandise 
and deposits of estimated duties, where applicable, in accordance with 
the final results of this review. The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of the final results of this administrative review.
    Pursuant to the Final Modification for Reviews,\6\ because the 
respondents' weighted-average dumping margins are zero, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.\7\
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    \6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification for Reviews).
    \7\ Id. at 8102.
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\8\ This clarification will apply to entries of subject 
merchandise during the POR produced by Golden Dragon and Nacobre for 
which these companies did not know that the 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.
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    \8\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of these final results for all shipments of 
seamless refined copper pipe and tube from Mexico entered, or withdrawn 
from warehouse, for consumption on or after the publication date as 
provided by section 751(a)(2) of the Act: (1) The cash deposit rates 
for Golden Dragon and Nacobre will be equal to the weighted-average 
dumping margins established in the final results of this administrative 
review (i.e., zero percent); (2) for merchandise exported by 
manufacturers or exporters not covered in this review but covered in a 
completed 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 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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    In accordance with 19 CFR 351.305(a)(3), this notice also serves as 
a reminder to parties subject to administrative protective order (APO) 
of their responsibility concerning the return or destruction of 
proprietary information disclosed under the APO, which continues to 
govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: June 5, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix--Issues and Decision Memorandum

Comment 1: Targeted Dumping Analysis
Comment 2: Date of Sale for Nacobre's ``Fixed Price'' Sales
Comment 3: Nacobre's Indirect Selling Expenses
Comment 4: Nacobre's General and Administrative Expenses
Comment 5: Adjustment to U.S. Price for Golden Dragon

[FR Doc. 2013-13983 Filed 6-11-13; 8:45 am]
BILLING CODE 3510-DS-P