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