[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Notices]
[Pages 36719-36720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15280]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 /
Notices
[[Page 36719]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-838]
Seamless Refined Copper Pipe and Tube From Mexico: Final Results
of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On December 24, 2013, the Department of Commerce (the
Department) published in the Federal Register the Preliminary Results
of the 2011-2012 administrative review of the antidumping duty order on
seamless refined copper tube and pipe from Mexico.\1\ This 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). We gave interested parties an
opportunity to comment on the Preliminary Results and, based upon our
analysis of the comments, we continue to find that sales of subject
merchandise have been made at prices below normal value.
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\1\ See Seamless Refined Copper Pipe and Tube From Mexico:
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012, 78 FR 77651 (December 24, 2013) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\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.
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DATES: Effective Date: June 30, 2014.
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:
Background
On December 24, 2013, the Department published in the Federal
Register the Preliminary Results of the 2011-2012 administrative review
of the antidumping duty order on seamless refined copper pipe and tube
from Mexico. We invited parties to comment on the Preliminary Results.
We received case briefs from Golden Dragon, Nacobre, and the
petitioners \3\ on January 23, 2014. On January 28, 2014, we also
received comments from Nacobre related to U.S. Customs and Border
Protection (CBP) information placed on the record in January 2014.\4\
On February 3, 2014, we received rebuttal briefs from Golden Dragon and
the petitioners. A public hearing was held on February 20, 2014, to
discuss issues raised in the briefs. On April 9, 2014, we postponed the
final results by 30 days; \5\ on May 15, 2014, we postponed the final
results by an additional 30 days.\6\
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\3\ The petitioners are Cerro Flow Products, LLC, Wieland Copper
Products, LLC, Mueller Copper Tube Products, Inc. and Mueller Copper
Tube Company, Inc.
\4\ See the January 17, 2014, memorandum to the File from
Elizabeth Eastwood, Senior Analyst, entitled ``Information from U.S.
Customs and Border Protection (CBP) Regarding U.S. Sale of Nacional
de Cobre, S.A. de C.V. (Nacobre).''
\5\ See the April 9, 2014, memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations from James Maeder, Director, entitled ``Seamless Refined
Copper Pipe and Tube from Mexico: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review; 2011-2012.''
\6\ See the May 15, 2014, memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations from James Maeder, Director, entitled ``Seamless Refined
Copper Pipe and Tube from Mexico: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review; 2011-2012.''
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Scope of the Order
The merchandise subject to the order \7\ 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 the Issues and Decision
Memorandum,\8\ remains dispositive.
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\7\ 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) (Amended Final and Order).
\8\ See memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
entitled ``Issues and Decision Memorandum for the Final Results of
the Antidumping Duty Administrative Review of Seamless Refined
Copper Pipe and Tube from Mexico; 2011-2012,'' which is hereby
adopted by this notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this administrative review are listed in the Appendix to this notice
and addressed in the Issues and Decision Memorandum. Parties can find a
complete discussion of all issues raised in this review and the
corresponding recommendations in this public memorandum, which 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,; the Issues and Decision Memorandum is also
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 Issues and Decision
Memorandum can be accessed directly on the Web at http://enforcement.trade.gov/frn/. The paper copy and electronic version of
the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
We revised our preliminary margin calculation for Nacobre to
incorporate certain changes to Nacobre's assessment rate and cost of
production, as noted in Comments 7 and 8, respectively, of the
accompanying Issues and Decision Memorandum. We made no changes to the
calculation of Golden Dragon's
[[Page 36720]]
weighted-average dumping margin in these final results.
Period of Review
The period of review is November 1, 2011, through October 31, 2012.
Duty Absorption
In the Preliminary Results, we found that antidumping duties have
been absorbed by Golden Dragon and Nacobre on all U.S. sales made
through their affiliated importers of record.\9\ We have received no
further information regarding this issue for the final results.
Therefore, for the final results, we continue to find that antidumping
duties have been absorbed by Golden Dragon and Nacobre on all U.S.
sales made through their affiliated importers of record.
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\9\ See Preliminary Results and accompanying Preliminary
Decision Memorandum at 17.
Final Results of the Review
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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.............................. 0.58
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Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b)(1), the Department has
determined, and CBP shall assess, antidumping duties on all appropriate
entries of subject merchandise and deposits of estimated duties, where
applicable, in accordance with the final results of this review. The
Department intends to issue appropriate assessment instructions
directly to CBP 41 days after publication of the final results of this
administrative review pursuant to 19 CFR 356.8(a).
For Golden Dragon and Nacobre, the Department will calculate
importer-specific assessment rates equal to the ratio of the total
amount of dumping calculated for the importer's examined sales and the
total entered value of those sales. Where an importer-specific
assessment rate is zero or de minimis (i.e., less than 0.5 percent),
the Department will instruct CBP to liquidate these entries without
regard to antidumping duties pursuant to 19 CFR 351.106(c)(2).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of these final results for all shipments of
seamless refined copper pipe and tube from Mexico entered, or withdrawn
from warehouse, for consumption on or after the publication date 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 completed 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 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.
Administrative Protective Order
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 or 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.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(h).
Dated: June 23, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Summary
Background
Margin Calculations
Scope of the Order
Discussion of the Issues
Comment 1: Legal Authority to Consider an Alternative Comparison
Method in an Administrative Review
Comment 2: Withdrawal of the Regulatory Provisions Governing
Targeted Dumping in Less-Than-Fair-Value Investigations
Comment 3: Differential Pricing Analysis: Establishment of
Thresholds under the Administrative Procedure Act
Comment 4: Differential Pricing Analysis: Identification of a
Pattern of Prices that Differs Significantly and a Meaningful
Difference in the Results
Comment 5: Differential Pricing Analysis: Prices Set by Contractual
Formula
Comment 6: Adverse Facts Available for Golden Dragon
Comment 7: Level of Trade for Golden Dragon
Comment 8: CBP Documentation for Nacobre
Comment 9: Nacobre's Raw Material Cost Adjustment Recommendation
[FR Doc. 2014-15280 Filed 6-27-14; 8:45 am]
BILLING CODE 3510-DS-P