[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Notices]
[Pages 77651-77653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30664]


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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; 2011-2012

AGENCY: Enforcement and Compliance, formerly 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.\1\ The review covers two producers/
exporters of the subject merchandise, GD Affiliates S. de R.L. de C.V. 
(Golden Dragon) \2\ and Nacional de Cobre, S.A. de C.V. (Nacobre). The 
period of review (POR) is November 1, 2011, through October 31, 2012. 
We

[[Page 77652]]

have preliminarily found that sales of subject merchandise have been 
made at prices below normal value. Interested parties are invited to 
comment on these preliminary results.
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    \1\ 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 (Nov. 22, 2010) (Order).
    \2\ The Department has previously treated GD Affiliates S. de 
R.L. de C.V. as part of a single entity including: 1) GD Copper 
Cooperatief U.A.; 2) Hong Kong GD Trading Co. Ltd.; 3) Golden Dragon 
Holding (Hong Kong) International, Ltd.; 4) GD Copper U.S.A. Inc.; 
5) GD Affiliates Servicios S. de R.L. de C.V.; and 6) GD Affiliates 
S. de R.L. de C.V., which is collectively referred to as Golden 
Dragon. See, e.g., Seamless Refined Copper Pipe and Tube From 
Mexico: Final Results of Antidumping Duty New Shipper Review, 77 FR 
59178 (Sept. 26, 2012), and accompanying Issues and Decision 
Memorandum. In addition, Counsel for GD Affiliates S. de R.L. de 
C.V. submitted a letter to the Department, on behalf of the Golden 
Dragon affiliates listed above, and entered an appearance and 
requested an administrative review of GD Affiliates S. de R.L. de 
C.V., on November 30, 2012.

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DATES: Effective Date: December 24, 2013.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Dennis McClure, 
AD/CVD Operations, Office II, Enforcement and Compliance, 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 7411.10.1030 
and 7411.10.1090, and also may enter under HTSUS subheadings 
7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085. The HTSUS 
subheadings are provided for convenience and customs purposes only; the 
written product description of the scope of the order is 
dispositive.\3\
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    \3\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, entitled ``Seamless Refined Copper Pipe and Tube from 
Mexico: Decision Memorandum for Preliminary Results of Antidumping 
Duty Administrative Review; 2011-2012,'' (Preliminary Decision 
Memorandum), dated concurrent with and adopted by this notice, for a 
complete description of the Scope of the Order.
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Methodology

    The Department has conducted this review in accordance with section 
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 Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov and it 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 Preliminary Decision Memorandum can be accessed directly at 
http://enforcement.trade.gov/frn/. The signed and electronic versions 
of the Preliminary Decision Memorandum are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or Exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
GD Affiliates S. de R.L. de C.V.............................        2.26
Nacional de Cobre, S.A. de C.V..............................        0.59
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with these preliminary results 
within five days after the date of publication of this notice.\4\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit cases 
briefs no later than 30 days after the date of publication of these 
preliminary results of review. Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed no later than five days after 
the time limit for filing case briefs.\5\ 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.\6\ Case and rebuttal 
briefs should be filed using IA ACCESS.\7\
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    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(d).
    \6\ See 19 CFR 351.309(c)(2) and (d)(2).
    \7\ 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 Enforcement and 
Compliance, filed electronically via IA ACCESS. An electronically-filed 
document must be received successfully in its entirety by IA ACCESS by 
5 p.m. Eastern Standard Time within 30 days after the date of 
publication of this notice.\8\ Hearing 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 issues raised in the briefs. If a 
request for a hearing is made, parties will be notified of the time and 
date for the hearing to be held at the U.S. Department of Commerce, 
14th Street and Constitution Avenue NW., Washington, DC 20230.\9\
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    \8\ See 19 CFR 351.310(c).
    \9\ See id.
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    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of the 
issues raised in any written briefs, no later than 120 days after the 
date of publication of this notice, pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h), unless this deadline is extended.

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.\10\ 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 not zero or de minimis (i.e., less than 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 not zero or 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.
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    \10\ See 19 CFR 351.212(b).
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    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).

[[Page 77653]]

    We intend to issue instructions to CBP 41 days after the 
publication date 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 equal to 
the weighted-average dumping margins 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 
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 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Tolling of Deadlines

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\11\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day. The revised deadline for the preliminary results of this 
review is now December 18, 2013.
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    \11\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (Oct. 18, 2013).
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    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and 
351.221(b)(4).

    Dated: December 18, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Normal Value Comparisons
2. Determination of Comparison Method
3. Product Comparisons
4. Date of Sale
5. Constructed Export Price
6. Normal Value
7. Duty Absorption
8. Currency Conversion

[FR Doc. 2013-30664 Filed 12-23-13; 8:45 am]
BILLING CODE 3510-DS-P