[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