[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89434-89436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29710]


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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 and Preliminary 
Determination of No Shipments; 2014-2015

AGENCY: Enforcement and Compliance, 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 three producers/
exporters of the subject merchandise, GD Affiliates S. de R.L. de C.V. 
(Golden Dragon), Nacional de Cobre, S.A. de C.V. (Nacobre), and IUSA, 
S.A. de C.V. (IUSA). The period of review (POR) is November 1, 2014, 
through October 31, 2015. We 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.

DATES: Effective December 12, 2016.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or George Ayache, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-5973 or (202) 
482-2623, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise subject to the Order \1\ 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.\2\
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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 (November 22, 2010) (the Order).
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, 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; 2014-2015,'' dated concurrently with and 
hereby adopted by this notice (Preliminary Decision Memorandum), for 
a complete description of the Scope of the Order.
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Methodology

    The Department is conducting 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 (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and it is available to all 
parties in the Central Records Unit, room B0824 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/index.html. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as the Appendix to this 
notice.

Preliminary Determination of No Shipments

    Among the companies under review, IUSA properly filed a statement 
reporting that it made no shipments of subject merchandise to the 
United States during the POR.\3\ Because U.S. Customs and Border 
Protection (CBP) did not provide any information contradicting IUSA's 
claim to have made no shipments, the Department

[[Page 89435]]

preliminarily determines that IUSA did not have any reviewable 
transactions during the POR. Consistent with our practice, we are not 
preliminarily rescinding the review with respect to IUSA but, rather, 
we will complete the review with respect to this company and issue 
appropriate instructions to CBP based on the final results of this 
review.\4\
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    \3\ For a full explanation of the Department's analysis, see the 
Preliminary Decision Memorandum.
    \4\ See e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at 
51306 (August 28, 2014).
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Preliminary Results of Review

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
GD Affiliates S. de R.L. de C.V \5\.........................        1.93
Nacional de Cobre, S.A. de C.V..............................        6.50
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\6\ Interested 
parties may submit case briefs to the Department no 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 no later than five 
days after the time limit for filing case briefs.\7\ 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.\8\ Case and 
rebuttal briefs should be filed using ACCESS.\9\
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    \5\ The Department previously treated GD Affiliates S. de R.L. 
de C.V. as part of a single entity including: GD Copper Cooperatief 
U.A./Hong Kong GD Trading Co. Ltd./Golden Dragon Holding (Hong Kong) 
International, Ltd./GD Copper U.S.A. Inc./GD Affiliates Servicios S. 
de R.L. de C.V./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 (September 26, 
2012), and accompanying Issues and Decision Memorandum.
    \6\ See 19 CFR 351.224(b).
    \7\ See 19 CFR 351.309(d).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by ACCESS by 5 p.m. Eastern Standard Time within 30 
days after the date of publication of this notice.\10\ 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.\11\
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    \10\ See 19 CFR 351.310(c).
    \11\ 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 CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\12\ 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), and we will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review. 
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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    \12\ See 19 CFR 351.212(b).
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    In accordance with the Department's ``automatic assessment'' 
practice, for entries of subject merchandise during the POR produced by 
Golden Dragon and Nacobre for which they did not know their merchandise 
was destined for the United States, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediary involved in the transaction.\13\ Further, if we continue 
to find in the final results that IUSA had no shipments of subject 
merchandise during the POR, we will instruct CBP to liquidate any 
suspended entries that entered under its antidumping duty case number 
at the all-others rate.
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    \13\ 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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    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

[[Page 89436]]

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, and 19 CFR 351.213(h) and 
351.221(b)(4).

    Dated: December 5, 2016.
Paul Piquado,
Assistant Secretary, for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Preliminary Determination of No Shipments
5. Discussion of the Methodology
    i. Normal Value Comparisons
    ii. Determination of Comparison Method
    iii. Product Comparisons
    iv. Date of Sale
    v. Constructed Export Price
    vi. Normal Value
    vii. Currency Conversion
6. Recommendation

[FR Doc. 2016-29710 Filed 12-9-16; 8:45 am]
 BILLING CODE 3510-DS-P