Notice of Final Results of Antidumping Duty Changed Circumstances Review: Certain Circular Welded Non-Alloy Steel Pipe From Mexico, 82374-82375 [2010-32939]

Download as PDF 82374 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES mirrors; 12 (11) certain metal parts; 13 (12) mirrors that do not attach to, incorporate in, sit on, or hang over a dresser if they are not designed and marketed to be sold in conjunction with a dresser as part of a dresser-mirror set; (13) upholstered beds 14 and (14) toy boxes.15 the Antidumping Duty Investigation of Wooden Bedroom Furniture from the People’s Republic of China, dated August 31, 2004. See also Wooden Bedroom Furniture From the People’s Republic of China: Notice of Final Results of Changed Circumstances Review and Revocation in Part, 71 FR 38621 (July 7, 2006). 12 Cheval mirrors are any framed, tiltable mirror with a height in excess of 50 that is mounted on a floor-standing, hinged base. Additionally, the scope of the order excludes combination cheval mirror/jewelry cabinets. The excluded merchandise is an integrated piece consisting of a cheval mirror, i.e., a framed tiltable mirror with a height in excess of 50 inches, mounted on a floor-standing, hinged base, the cheval mirror serving as a door to a cabinet back that is integral to the structure of the mirror and which constitutes a jewelry cabinet line with fabric, having necklace and bracelet hooks, mountings for rings and shelves, with or without a working lock and key to secure the contents of the jewelry cabinet back to the cheval mirror, and no drawers anywhere on the integrated piece. The fully assembled piece must be at least 50 inches in height, 14.5 inches in width, and 3 inches in depth. See Wooden Bedroom Furniture From the People’s Republic of China: Final Results of Changed Circumstances Review and Determination to Revoke Order in Part, 72 FR 948 (January 9, 2007). 13 Metal furniture parts and unfinished furniture parts made of wood products (as defined above) that are not otherwise specifically named in this scope (i.e., wooden headboards for beds, wooden footboards for beds, wooden side rails for beds, and wooden canopies for beds) and that do not possess the essential character of wooden bedroom furniture in an unassembled, incomplete, or unfinished form. Such parts are usually classified under the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheading 9403.90.7000. 14 Upholstered beds that are completely upholstered, i.e., containing filling material and completely covered in sewn genuine leather, synthetic leather, or natural or synthetic decorative fabric. To be excluded, the entire bed (headboards, footboards, and side rails) must be upholstered except for bed feet, which may be of wood, metal, or any other material and which are no more than nine inches in height from the floor. See Wooden Bedroom Furniture from the People’s Republic of China: Final Results of Changed Circumstances Review and Determination to Revoke Order in Part, 72 FR 7013 (February 14, 2007). 15 To be excluded the toy box must: (1) Be wider than it is tall; (2) have dimensions within 16 inches to 27 inches in height, 15 inches to 18 inches in depth, and 21 inches to 30 inches in width; (3) have a hinged lid that encompasses the entire top of the box; (4) not incorporate any doors or drawers; (5) have slow-closing safety hinges; (6) have air vents; (7) have no locking mechanism; and (8) comply with American Society for Testing and Materials (ASTM) standard F963–03. Toy boxes are boxes generally designed for the purpose of storing children’s items such as toys, books, and playthings. See Wooden Bedroom Furniture from the People’s Republic of China: Final Results of Changed Circumstances Review and Determination to Revoke Order in Part, 74 FR 8506 (February 25, 2009). Further, as determined in the scope ruling memorandum ‘‘Wooden Bedroom Furniture from the People’s Republic of China: Scope Ruling on a White Toy Box,’’ dated July 6, 2009, the dimensional ranges used to identify the toy boxes VerDate Mar<15>2010 16:35 Dec 29, 2010 Jkt 223001 Imports of subject merchandise are classified under subheading 9403.50.9040 of the HTSUS as ‘‘wooden * * * beds’’ and under subheading 9403.50.9080 of the HTSUS as ‘‘other * * * wooden furniture of a kind used in the bedroom.’’ In addition, wooden headboards for beds, wooden footboards for beds, wooden side rails for beds, and wooden canopies for beds may also be entered under subheading 9403.50.9040 of the HTSUS as ‘‘parts of wood’’ and framed glass mirrors may also be entered under subheading 7009.92.5000 of the HTSUS as ‘‘glass mirrors * * * framed.’’ This order covers all WBF meeting the above description, regardless of tariff classification. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this proceeding is dispositive. Continuation of the Order As a result of these determinations by the Department and the ITC that revocation of the antidumping duty order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping order on wooden bedroom furniture from the PRC. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This five-year (sunset) review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. Dated: December 22, 2010. Christian Marsh, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–32937 Filed 12–29–10; 8:45 am] BILLING CODE 3510–DS–P that are excluded from the wooden bedroom furniture order apply to the box itself rather than the lid. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–201–805] Notice of Final Results of Antidumping Duty Changed Circumstances Review: Certain Circular Welded Non-Alloy Steel Pipe From Mexico Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has determined that Lamina y Placa Comercial, S.A. de C.V. (Lamina y Placa) is the successor-ininterest to Tuberia Nacional, S.A. de C.V. (TUNA) and, as a result, should be accorded the same treatment previously accorded TUNA in regard to the antidumping duty order on certain circular welded non-alloy steel pipe (circular welded pipe) from Mexico. DATES: Effective Date: December 30, 2010. AGENCY: FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Room 7866, Washington, DC 20230; telephone: (202) 482–6312 or (202) 482–0649, respectively. Background The Department published an antidumping duty order on circular welded pipe from Mexico on November 2, 1992. See Notice of Antidumping Duty Orders: Certain Circular Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea (Korea), Mexico, and Venezuela, and Amendment to Final Determination of Sales at Less Than Fair Value: Certain Circular Welded Non-Alloy Steel Pipe from Korea, 57 FR 49453 (November 2, 1992). On May 17, 2010, TUNA and Lamina y Placa jointly filed a request for a changed circumstances review of the antidumping duty order on circular welded pipe from Mexico. TUNA and Lamina y Placa claim that Lamina y Placa is the successor-in-interest to TUNA in accordance with section 751(b) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216. TUNA and Lamina y Placa provided documentation supporting their assertion. On November 22, 2010, the Department issued the initiation and preliminary results of the changed circumstances review of the antidumping duty order on circular welded pipe from Mexico. See Notice of E:\FR\FM\30DEN1.SGM 30DEN1 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Circular Welded Non-Alloy Steel Pipe from Mexico, 75 FR 71072 (November 22, 2010) (Preliminary Results). The Department made its preliminary determination that Lamina y Placa is the successor-in-interest to TUNA and should be treated as such for antidumping duty cash deposit purposes. In the Preliminary Results, we stated that interested parties could submit case briefs to the Department no later than 15 days after the publication of the Preliminary Results in the Federal Register, and submit rebuttal briefs, limited to the issues raised in those case briefs, five days subsequent to the case briefs’ due date. No party submitted case briefs or other comments on the Preliminary Results. Scope of the Order The merchandise covered by this order is circular welded non-alloy steel pipes and tubes, of circular crosssection, not more than 406.4 millimeters (16 inches) in outside diameter, regardless of wall thickness, surface finish (black, galvanized, or painted), or end finish (plain end, beveled end, threaded, or threaded and coupled). These pipes and tubes are generally known as standard pipes and tubes and are intended for the low-pressure conveyance of water, steam, natural gas, and other liquids and gases in plumbing and heating systems, air conditioning units, automatic sprinkler systems, and other related uses, and generally meet ASTM A–53 specifications. Standard pipe may also be used for light loadbearing applications, such as for fence tubing, and as structural pipe tubing used for framing and support members for reconstruction or load-bearing purposes in the construction, shipbuilding, trucking, farm equipment, and related industries. Unfinished conduit pipe is also included in this order. All carbon steel pipes and tubes within the physical description outlined above are included within the scope of this order, except line pipe, oil country tubular goods, boiler tubing, mechanical tubing, pipe and tube hollows for redraws, finished scaffolding, and finished conduit. Standard pipe that is dual or triple certified/stenciled that enters the United States as line pipe of a kind used for oil or gas pipelines is also not included in this order. Imports of the products covered by this order are currently classifiable under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, VerDate Mar<15>2010 16:35 Dec 29, 2010 Jkt 223001 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 7306.30.50.90. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this order is dispositive. Final Results of Changed Circumstances Review Instructions to U.S. Customs and Border Protection The Department will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all shipments of the subject merchandise produced and exported by Lamina y Placa entered, or withdrawn from warehouse, for consumption, on or after the publication date of this notice in the Federal Register at the rate of 2.92 percent (i.e., TUNA’s cash deposit rate). See Circular Welded Non-Alloy Steel Pipe From Mexico: Amended Final Results of Antidumping Duty Administrative Review, 66 FR 37454 (July 18, 2001). This deposit requirement shall remain in effect until further notice. Notification This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.306. 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 sanctionable violation. This notice is in accordance with sections 751(b) and 777(i)(1) and (2) of the Act and 19 CFR 351.216(e). Dated: December 23, 2010. Christian Marsh, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–32939 Filed 12–29–10; 8:45 am] PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement, Article 1904 NAFTA Panel Reviews; Request for Panel Review NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of requests for Panel Review. AGENCY: Based on the information provided by Lamina y Placa, the Department’s analysis in the Preliminary Results (which we incorporate herein by reference), and in light of the fact that interested parties did not submit any comments during the comment period, the Department hereby determines that Lamina y Placa is the successor-ininterest to TUNA for antidumping duty cash deposit purposes. BILLING CODE 3510–DS–P 82375 On December 22, 2010, IUSA, S.A. de C.V. (‘‘IUSA’’) and Nacional de Cobre, S.A. de C.V. (‘‘Nacobre’’), and their U.S. affiliates Cambridge-Lee Industries LLC and Copper and Brass International filed a First Request for Panel Review with the United States Section of the NAFTA Secretariat pursuant to Article 1904 of the North American Free Trade Agreement. Second and Third Requests for Panel Review were filed by GD Affiliates S. de. R.L. de C.V., and its U.S. affiliate GD Copper (U.S.A.), and the Government of Mexico, respectively. Panel review was requested of the final determination by the U.S. International Trade Commission that an industry in the United States is threatened with material injury by reason of imports of Seamless Refined Copper Pipe and Tube from China and Mexico. This determination was published in the Federal Register (75 FR 71,146), on November 22, 2010. The NAFTA Secretariat has assigned Case Number USA–MEX–2010–1904–02 to these requests. FOR FURTHER INFORMATION CONTACT: Valerie Dees, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, NW., Washington, DC 20230, (202) 482–5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free Trade Agreement (‘‘Agreement’’) established a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada, and the Government of Mexico established SUMMARY: E:\FR\FM\30DEN1.SGM 30DEN1

Agencies

[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Notices]
[Pages 82374-82375]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32939]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-805]


Notice of Final Results of Antidumping Duty Changed Circumstances 
Review: Certain Circular Welded Non-Alloy Steel Pipe From Mexico

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) has determined 
that Lamina y Placa Comercial, S.A. de C.V. (Lamina y Placa) is the 
successor-in-interest to Tuberia Nacional, S.A. de C.V. (TUNA) and, as 
a result, should be accorded the same treatment previously accorded 
TUNA in regard to the antidumping duty order on certain circular welded 
non-alloy steel pipe (circular welded pipe) from Mexico.

DATES: Effective Date: December 30, 2010.

FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Room 7866, Washington, DC 20230; telephone: 
(202) 482-6312 or (202) 482-0649, respectively.

Background

    The Department published an antidumping duty order on circular 
welded pipe from Mexico on November 2, 1992. See Notice of Antidumping 
Duty Orders: Certain Circular Welded Non-Alloy Steel Pipe from Brazil, 
the Republic of Korea (Korea), Mexico, and Venezuela, and Amendment to 
Final Determination of Sales at Less Than Fair Value: Certain Circular 
Welded Non-Alloy Steel Pipe from Korea, 57 FR 49453 (November 2, 1992).
    On May 17, 2010, TUNA and Lamina y Placa jointly filed a request 
for a changed circumstances review of the antidumping duty order on 
circular welded pipe from Mexico. TUNA and Lamina y Placa claim that 
Lamina y Placa is the successor-in-interest to TUNA in accordance with 
section 751(b) of the Tariff Act of 1930, as amended (the Act) and 19 
CFR 351.216. TUNA and Lamina y Placa provided documentation supporting 
their assertion.
    On November 22, 2010, the Department issued the initiation and 
preliminary results of the changed circumstances review of the 
antidumping duty order on circular welded pipe from Mexico. See Notice 
of

[[Page 82375]]

Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review: Certain Circular Welded Non-Alloy Steel Pipe from 
Mexico, 75 FR 71072 (November 22, 2010) (Preliminary Results). The 
Department made its preliminary determination that Lamina y Placa is 
the successor-in-interest to TUNA and should be treated as such for 
antidumping duty cash deposit purposes. In the Preliminary Results, we 
stated that interested parties could submit case briefs to the 
Department no later than 15 days after the publication of the 
Preliminary Results in the Federal Register, and submit rebuttal 
briefs, limited to the issues raised in those case briefs, five days 
subsequent to the case briefs' due date. No party submitted case briefs 
or other comments on the Preliminary Results.

Scope of the Order

    The merchandise covered by this order is circular welded non-alloy 
steel pipes and tubes, of circular cross-section, not more than 406.4 
millimeters (16 inches) in outside diameter, regardless of wall 
thickness, surface finish (black, galvanized, or painted), or end 
finish (plain end, beveled end, threaded, or threaded and coupled). 
These pipes and tubes are generally known as standard pipes and tubes 
and are intended for the low-pressure conveyance of water, steam, 
natural gas, and other liquids and gases in plumbing and heating 
systems, air conditioning units, automatic sprinkler systems, and other 
related uses, and generally meet ASTM A-53 specifications. Standard 
pipe may also be used for light load-bearing applications, such as for 
fence tubing, and as structural pipe tubing used for framing and 
support members for reconstruction or load-bearing purposes in the 
construction, shipbuilding, trucking, farm equipment, and related 
industries. Unfinished conduit pipe is also included in this order. All 
carbon steel pipes and tubes within the physical description outlined 
above are included within the scope of this order, except line pipe, 
oil country tubular goods, boiler tubing, mechanical tubing, pipe and 
tube hollows for redraws, finished scaffolding, and finished conduit. 
Standard pipe that is dual or triple certified/stenciled that enters 
the United States as line pipe of a kind used for oil or gas pipelines 
is also not included in this order.
    Imports of the products covered by this order are currently 
classifiable under the following Harmonized Tariff Schedule of the 
United States (HTSUS) subheadings: 7306.30.10.00, 7306.30.50.25, 
7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, and 
7306.30.50.90. Although the HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
of this order is dispositive.

Final Results of Changed Circumstances Review

    Based on the information provided by Lamina y Placa, the 
Department's analysis in the Preliminary Results (which we incorporate 
herein by reference), and in light of the fact that interested parties 
did not submit any comments during the comment period, the Department 
hereby determines that Lamina y Placa is the successor-in-interest to 
TUNA for antidumping duty cash deposit purposes.

Instructions to U.S. Customs and Border Protection

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to continue to suspend liquidation of all shipments of the 
subject merchandise produced and exported by Lamina y Placa entered, or 
withdrawn from warehouse, for consumption, on or after the publication 
date of this notice in the Federal Register at the rate of 2.92 percent 
(i.e., TUNA's cash deposit rate). See Circular Welded Non-Alloy Steel 
Pipe From Mexico: Amended Final Results of Antidumping Duty 
Administrative Review, 66 FR 37454 (July 18, 2001). This deposit 
requirement shall remain in effect until further notice.

Notification

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. 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 sanctionable violation.
    This notice is in accordance with sections 751(b) and 777(i)(1) and 
(2) of the Act and 19 CFR 351.216(e).

    Dated: December 23, 2010.
Christian Marsh,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-32939 Filed 12-29-10; 8:45 am]
BILLING CODE 3510-DS-P