[Federal Register Volume 77, Number 187 (Wednesday, September 26, 2012)]
[Notices]
[Pages 59178-59180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23686]
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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 New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 27, 2012, the Department of Commerce (``Department'')
published in the Federal Register the preliminary results of the new
shipper review of the antidumping duty order on seamless refined copper
tube and pipe from Mexico.\1\ This review covers one producer and
exporter, GD Affiliates S. de R.L. de C.V. (Golden Dragon).\2\ We gave
interested parties an opportunity to comment on the Preliminary Results
and, based upon our analysis of the comments, we have made changes to
the margin calculation for the final results of this new shipper
review. Golden Dragon's final weighted-average dumping margin is listed
below in the ``Final Results of Review'' section of this notice. The
period of review (``POR'') is November 22, 2010, through April 30,
2011.
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\1\ Seamless Refined Copper Pipe and Tube From Mexico:
Preliminary Results of Antidumping Duty New Shipper Review, 77 FR
25136 (April 27, 2012) (``Preliminary Results'').
\2\ As noted in the Preliminary Results, we use the name Golden
Dragon when we refer to the collective group of Golden Dragon
companies, which includes GD Affiliates S. de R.L. de C.V. who
requested the review.
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DATES: Effective Date: September 26, 2012.
FOR FURTHER INFORMATION CONTACT: Dennis McClure, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
[[Page 59179]]
Washington, DC 20230; telephone: (202) 482-5973.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2012, the Department published in the Federal Register
the Preliminary Results of the new shipper 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 comments
from the Petitioners \3\ on May 30, 2012. We received rebuttal comments
from Golden Dragon on June 4, 2012. On June 19, 2012, the Department
extended the deadline for the final until September 20, 2012.\4\
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\3\ Cerro Flow Products, LLC, Wieland Copper Products, LLC,
Mueller Copper Tube Products, Inc. and Mueller Copper Tube Company,
Inc. (collectively, ``the Petitioners'').
\4\ Memorandum to Christian Marsh, from Dennis McClure, Re:
Seamless Refined Copper Pipe and Tube from Mexico: Extension of
Deadline for Final Results of Antidumping Duty New Shipper Review,
dated, June 19, 2012.
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Scope of the Order
For the purpose of the order, the products covered are all seamless
circular refined copper pipes and tubes, including redraw hollows,
greater than or equal to 6 inches (152.4 mm) in length and measuring
less than 12.130 inches (308.102 mm) (actual) in outside diameter
(``OD''), regardless of wall thickness, bore (e.g., smooth, enhanced
with inner grooves or ridges), manufacturing process (e.g., hot
finished, cold-drawn, annealed), outer surface (e.g., plain or enhanced
with grooves, ridges, fins, or gills), end finish (e.g., plain end,
swaged end, flared end, expanded end, crimped end, threaded), coating
(e.g., plastic, paint), insulation, attachments (e.g., plain, capped,
plugged, with compression or other fitting), or physical configuration
(e.g., straight, coiled, bent, wound on spools).
The scope of the order covers, but is not limited to, seamless
refined copper pipe and tube produced or comparable to the American
Society for Testing and Materials (``ASTM'') ASTM-B42, ASTM-B68, ASTM-
B75, ASTM-B88, ASTM-B88M, ASTM-B188, ASTM-B251, ASTM-B251M, ASTM-B280,
ASTM-B302, ASTM-B306, ASTM-359, ASTM-B743, ASTM-B819, and ASTM-B903
specifications and meeting the physical parameters described therein.
Also included within the scope of the order are all sets of covered
products, including ``line sets'' of seamless refined copper tubes
(with or without fittings or insulation) suitable for connecting an
outdoor air conditioner or heat pump to an indoor evaporator unit. The
phrase ``all sets of covered products'' denotes any combination of
items put up for sale that is comprised of merchandise subject to the
scope.
``Refined copper'' is defined as: (1) Metal containing at least
99.85 percent by weight of copper; or (2) metal containing at least
97.5 percent by weight of copper, provided that the content by weight
of any other element does not exceed the following limits:
------------------------------------------------------------------------
Limiting
content
Element percent by
weight
------------------------------------------------------------------------
Ag--Silver................................................. 0.25
As--Arsenic................................................ 0.5
Cd--Cadmium................................................ 1.3
Cr--Chromium............................................... 1.4
Mg--Magnesium.............................................. 0.8
Pb--Lead................................................... 1.5
S--Sulfur.................................................. 0.7
Sn--Tin.................................................... 0.8
Te--Tellurium.............................................. 0.8
Zn--Zinc................................................... 1.0
Zr--Zirconium.............................................. 0.3
Other elements (each)...................................... 0.3
------------------------------------------------------------------------
Excluded from the scope of the order are all seamless circular
hollows of refined copper less than 12 inches in length whose OD
(actual) exceeds its length. The products subject to the order are
currently classifiable under subheadings 7411.10.1030 and 7411.10.1090
of the Harmonized Tariff Schedule of the United States (``HTSUS'').
Products subject to the order may also enter under HTSUS subheadings
7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085. Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of the order is
dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the ``Seamless Refined Copper Pipe and Tube from Mexico:
Issues and Decision Memorandum for the Final Results of the New Shipper
Review'' (``Decision Memorandum''), dated concurrently with this notice
and which is hereby adopted by this notice. A list of the issues which
parties raised is attached to this notice as an Appendix. Parties can
find a complete discussion of all issues raised in this new shipper
review and the corresponding recommendation in this public memorandum
which is on file electronically via Import 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 in the Central Records Unit (``CRU''), room 7046
of the main Department of Commerce building. In addition, a complete
version of the Decision Memorandum can be accessed directly on the
internet at http://www.trade.gov/ia/. The signed Decision Memorandum
and the electronic versions of the Decision Memorandum are identical in
content.
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we have made
changes to the margin calculation for Golden Dragon. See the Decision
Memorandum for a complete explanation of the Department's decision.
Final Results of New Shipper Review
As a result of our review, we determine that the following
weighted-average dumping margin exists for Golden Dragon for the period
November 22, 2010, through April 30, 2011:
------------------------------------------------------------------------
Weighted-average
Manufacturer/exporter dumping margin
(percent)
------------------------------------------------------------------------
Golden Dragon \5\................................... 5.53
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Assessment Rate
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries. The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of review.
Golden Dragon's weighted-average dumping margin is above de minimis
in the final results of this review, and, therefore we have calculated
importer-specific (or customer-specific) ad valorem antidumping duty
assessment rates. Where the assessment rate is above de minimis, we
will instruct CBP to assess duties on all entries of subject
merchandise by that importer.
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\5\ Golden Dragon includes GD Affiliates S. de R.L. de C.V.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this new shipper review for all
shipments of the subject merchandise by Golden Dragon entered, or
withdrawn from warehouse, for consumption on or after the publication
date of these final results, consistent with section 751(a)(2)(C) of
the Act: (1) For subject merchandise manufactured and exported by
Golden Dragon, the cash
[[Page 59180]]
deposit rate will be 5.53 percent; (2) for subject merchandise exported
by Golden Dragon but not manufactured by Golden Dragon, the cash
deposit rate will be the all others rate (i.e., 26.03 percent); (3) for
subject merchandise manufactured by Golden Dragon but exported by any
party other than Golden Dragon, the cash deposit rate will be the all
others rate. These requirements, when imposed, shall remain in effect
until further notice.
Further, effective upon publication of the final results, we intend
to instruct CBP that importers may no longer post a bond or other
security in lieu of a cash deposit on imports of seamless refined
copper pipe and tube from Mexico, manufactured and exported by Golden
Dragon. These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notifications to Interested Parties
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.
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 new shipper review and notice in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: September 20, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I--Issues and Decision Memorandum
Comment 1: Date of Sale
Comment 2: Adjustment to U.S. Price
Comment 3: Entitlement to New Shipper Review
[FR Doc. 2012-23686 Filed 9-25-12; 8:45 am]
BILLING CODE 3510-DS-P