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, 71070-71072 [2010-29528]
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71070
Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Notices
can be designated as Usage-Driven so
long at the site falls within the grantee’s
service area (i.e., meets the standard
general-purpose FTZ adjacency
requirement), has appropriate zoning
(i.e., can accommodate the types of uses
ordinarily associated with generalpurpose FTZ activity) and is tied to a
single operator’s or user’s use.
On November 15, 2010, in accordance
with section 735(d) of the Tariff Act of
1930, as amended (the ‘‘Act’’), the ITC
notified the Department of its final
determination, that an industry in the
United States is threatened with
material injury by reason of LTFV
imports of copper pipe and tube from
Mexico and the PRC.2
Dated: November 16, 2010.
Andrew McGilvray,
Executive Secretary.
Scope of the Orders
For the purpose of these orders, 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 these orders 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 these orders 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
[FR Doc. 2010–29396 Filed 11–19–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–838, A–570–964]
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
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the ‘‘Department’’) and the
International Trade Commission (‘‘ITC’’),
the Department is issuing antidumping
duty orders on seamless refined copper
pipe and tube (‘‘copper pipe and tube’’)
from Mexico and the People’s Republic
of China (‘‘PRC’’). In addition, the
Department is amending its final
determination of sales at less than fair
value (‘‘LTFV’’) from Mexico as a result
of a ministerial error.
DATES: Effective Dates: November 22,
2010.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang (Mexico) or Shawn Higgins
(PRC), AD/CVD Operations, Offices 3
and 4, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–1168 or (202) 482–0679,
respectively.
SUPPLEMENTARY INFORMATION:
jlentini on DSKJ8SOYB1PROD with NOTICES
AGENCY:
Background
On October 1, 2010, the Department
published its affirmative final
determinations of sales at LTFV in the
antidumping duty investigations of
copper pipe and tube from Mexico and
the PRC.1
1 See Seamless Refined Copper Pipe and Tube
From Mexico: Final Determination of Sales at Less
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17:49 Nov 19, 2010
Jkt 223001
Than Fair Value, 75 FR 60723 (October 1, 2010)
(‘‘Final Determination of Sales at LTFV from
Mexico’’); Seamless Refined Copper Pipe and Tube
From the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 75
FR 60725 (October 1, 2010).
2 See Seamless Refined Copper Pipe and Tube
from China and Mexico, Investigation Nos. 731–
TA–1174–1175 (Final), USITC Publication 4193,
November 2010; section 735(b)(1)(A)(ii) of the Act.
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Sfmt 4703
weight of copper, provided that the
content by weight of any other element
does not exceed the following limits:
Element
Ag—Silver .................................
As—Arsenic ..............................
Cd—Cadmium ..........................
Cr—Chromium ..........................
Mg—Magnesium .......................
Pb—Lead ..................................
S—Sulfur ..................................
Sn—Tin .....................................
Te—Tellurium ...........................
Zn—Zinc ...................................
Zr—Zirconium ...........................
Other elements (each) ..............
Limiting
content
percent
by weight
0.25
0.5
1.3
1.4
0.8
1.5
0.7
0.8
0.8
1.0
0.3
0.3
Excluded from the scope of these
orders are all seamless circular hollows
of refined copper less than 12 inches in
length whose OD (actual) exceeds its
length. The products subject to these
orders 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 these
orders 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 these
orders is dispositive.
Amendment to the Final Determination
of Sales at LTFV From Mexico
On October 1, 2010, the Department
published its affirmative final
determination of sales at LTFV of
copper pipe and tube from Mexico.3 On
October 6, 2010, Nacional de Cobre,
S.A. de C.V. (‘‘Nacobre’’), a respondent
in the investigation, submitted a timely
ministerial error allegation and
requested, pursuant to section 735(e) of
the Act and 19 CFR 351.224(c), that the
Department correct an alleged
ministerial error in the dumping margin
calculations.4 The Department did not
receive any rebuttal comments.
After analyzing Nacobre’s allegation,
the Department determined, in
accordance with section 735(e) of the
Act and 19 CFR 351.224(e), that it made
a ministerial error in its calculations for
the Final Determination of Sales at
LTFV from Mexico. Specifically, the
3 See Final Determination of Sales at LTFV from
Mexico.
4 See Letter from Nacobre to the Secretary of
Commerce, ‘‘Seamless Refined Copper Pipe and
Tube from Mexico: Nacobre’s Comments Regarding
Ministerial Errors in the Final Determination’’
(October 6, 2010).
E:\FR\FM\22NON1.SGM
22NON1
Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Notices
Department relied on incorrect
comparison market (‘‘CM’’) data used for
the price-to-price comparisons with
United States sales, calculations of
profit for constructed export price
(‘‘CEP’’) sales, and constructed value
selling expenses. Therefore, the
Department changed the margin
program calculations for Nacobre to rely
on the correct weighted-average CM
data. Based on the correction of this
error, Nacobre’s weighted-average
margin decreased from 31.43 percent to
27.16 percent. Furthermore, to remain
consistent with the methodology used to
calculate the ‘‘all others’’ rate in the
Final Determination of Sales at LTFV
from Mexico, the Department calculated
a simple average of the weightedaverage dumping margins for the
mandatory respondents to derive a
revised ‘‘all others’’ rate of 26.03 percent.
For a detailed discussion of the
ministerial error alleged by Nacobre, as
well as the Department’s analysis, see
the Department’s October 18, 2010,
ministerial error memorandum.5
Antidumping Duty Orders
On November 15, 2010, in accordance
with section 735(d) of the Act, the ITC
notified the Department of its final
determination that an industry in the
United States is threatened with
material injury within the meaning of
section 735(b)(1)(A)(ii) of the Act by
reason of LTFV imports of copper pipe
and tube from Mexico and the PRC.
Therefore, in accordance with section
736(a)(1) of the Act, the Department will
direct U.S. Customs and Border
Protection (‘‘CBP’’) to assess, upon
further advice by the Department,
antidumping duties equal to the amount
by which the normal value of the
merchandise exceeds the export price
(or CEP) of the merchandise for all
relevant entries of copper pipe and tube
from Mexico and the PRC.
Pursuant to section 736(b)(2) of the
Act, duties shall be assessed on subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the ITC’s
notice of final determination if that
determination is based on the threat of
material injury, other than threat of
material injury described in section
736(b)(1) of the Act.6 In addition,
section 736(b)(2) of the Act requires CBP
to release any bond or other security,
and refund any cash deposit made of
estimated antidumping duties posted
since the Department’s preliminary
antidumping duty determinations.7
Because the ITC’s final determination
is based on the threat of material injury
and is not accompanied by a finding
71071
that injury would have resulted but for
the imposition of suspension of
liquidation of entries since the
Department’s preliminary
determinations, section 736(b)(2) of the
Act is applicable. Therefore, the
Department will instruct CBP to
terminate the suspension of liquidation
for entries of copper pipe and tube from
Mexico and the PRC entered, or
withdrawn from warehouse, for
consumption prior to the publication of
the ITC’s final determination and
release any bond or other security
posted and refund any cash deposit of
estimated antidumping duties made
between the publication of the
Department’s preliminary
determinations on May 12, 2010, and
the publication of the ITC’s final
determination. Furthermore, the
antidumping duties below will be
assessed on all unliquidated entries of
copper pipe and tube from Mexico and
the PRC entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of the ITC’s
notice of final determination of threat of
material injury in the Federal Register.
Final Determination Margins
The margins, as amended where
appropriate, and cash deposit rates are
as follows:
PEOPLE’S REPUBLIC OF CHINA
Weightedaverage
margin
(percent)
Exporter
Producer
Golden Dragon Precise Copper Tube Group, Inc ........................
Zhejiang Hailiang Co., Ltd.; Hong Kong Hailiang Metal Trading
Limited; Shanghai Hailiang Copper Co., Ltd.
Zhejiang Naile Copper Co., Ltd ....................................................
Zhejiang Jiahe Pipes Inc ...............................................................
Luvata Tube (Zhongshan) Ltd .......................................................
Luvata Tube (Zhongshan) Ltd .......................................................
Luvata Alltop (Zhongshan) Ltd ......................................................
Ningbo Jintian Copper Tube Co. Ltd ............................................
PRC-Wide Entity ...........................................................................
Golden Dragon Precise Copper Tube Group, Inc ......................
Zhejiang Hailiang Co., Ltd.; Shanghai Hailiang Copper Co., Ltd
11.25
60.85
Zhejiang Naile Copper Co., Ltd ...................................................
Zhejiang Jiahe Pipes Inc .............................................................
Luvata Tube (Zhongshan) Ltd .....................................................
Luvata Alltop (Zhongshan) Ltd ....................................................
Luvata Alltop (Zhongshan) Ltd ....................................................
Ningbo Jintian Copper Tube Co. Ltd ..........................................
PRC-Wide Entity ..........................................................................
36.05
36.05
36.05
36.05
36.05
36.05
60.85
Mexico
jlentini on DSKJ8SOYB1PROD with NOTICES
IUSA S.A. de C.V ..........................................................................
Nacional de Cobre, S.A. de C.V ...................................................
All Others .......................................................................................
5 See Memorandum from Melissa G. Skinner,
Director, AD/CVD Operations, Office 3, to Ronald
K. Lorentzen, Deputy Assistant Secretary for Import
Administration, ‘‘Ministerial Error Allegations in
the Final Determination of the Antidumping Duty
Investigation of Seamless Refined Copper Pipe and
Tube from Mexico’’ (October 18, 2010).
6 Section 736(b)(1) of the Act states that ‘‘{i}f the
{ITC}, in its final determination under section
735(b), finds material injury or threat of material
injury which, but for the suspension of liquidation
VerDate Mar<15>2010
17:49 Nov 19, 2010
Jkt 223001
IUSA S.A. de C.V ........................................................................
Nacional de Cobre, S.A. de C.V .................................................
All Others .....................................................................................
under section 733(d)(2) would have led to a finding
of material injury, then entries of the subject
merchandise, the liquidation of which has been
suspended under section 733(d)(2), shall be subject
to the imposition of antidumping duties under
section 731.’’
7 See Seamless Refined Copper Pipe and Tube
From Mexico: Notice of Preliminary Determination
of Sales at Less Than Fair Value and Postponement
of Final Determination, 75 FR 26726 (May 12,
2010), as corrected by Seamless Refined Copper
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
24.89
27.16
26.03
Pipe and Tube From Mexico: Correction to Notice
of Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, 75 FR 29990 (May 28, 2010);
Seamless Refined Copper Pipe and Tube from the
People’s Republic of China: Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 75 FR 26716
(May 12, 2010).
E:\FR\FM\22NON1.SGM
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71072
Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Notices
On or after the date of publication of
the ITC’s notice of final determination
in the Federal Register, CBP must
require, pursuant to section 736(a)(3) of
the Act, at the same time as importers
would normally deposit estimated
duties on this merchandise, a cash
deposit equal to the estimated weightedaverage margins listed above.
This notice constitutes the
antidumping duty orders with respect to
copper pipe and tube from Mexico and
the PRC, pursuant to section 736(a) of
the Act. Interested parties may contact
the Department’s Central Records Unit,
Room 7046 of the main Commerce
building, for copies of an updated list of
antidumping duty orders currently in
effect.
These antidumping duty orders and
amended final determination are issued
and published in accordance with
sections 736(a), 735(e), and 777(i)(A) of
the Act and 19 CFR 351.211(b) and
351.224(e).
Dated: November 18, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–29528 Filed 11–19–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
[Docket No.: PTO–P–2010–0087]
Extension of the Patent Application
Backlog Reduction Stimulus Plan
United States Patent and
Trademark Office, Commerce.
ACTION: Notice.
AGENCY:
The United States Patent and
Trademark Office (USPTO) provides a
basis (the Patent Application Backlog
Reduction Stimulus Plan) under which
an applicant may have an application
accorded special status for examination
if the applicant expressly abandons
another copending unexamined
application. The Patent Application
Backlog Reduction Stimulus Plan allows
applicants having multiple applications
currently pending before the USPTO to
have greater control over the priority
with which their applications are
examined while also stimulating a
reduction of the backlog of unexamined
patent applications pending before the
USPTO. The USPTO is extending the
Patent Application Backlog Reduction
Stimulus Plan until December 31, 2011.
DATES: Effective Date: November 22,
2010. The Patent Application Backlog
jlentini on DSKJ8SOYB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:49 Nov 19, 2010
Jkt 223001
Reduction Stimulus Plan became
effective on November 27, 2009, and
was modified on June 24, 2010.
FOR FURTHER INFORMATION CONTACT:
Pinchus M. Laufer, Office of Patent
Legal Administration, Office of the
Associate Commissioner for Patent
Examination Policy, by telephone at
571–272–7726; or via e-mail addressed
to Pinchus.Laufer@uspto.gov; or by mail
addressed to: Box Comments Patents,
Commissioner for Patents, P.O. Box
1450, Alexandria, VA 22313–1450.
SUPPLEMENTARY INFORMATION: The
USPTO published a notice in the
Federal Register providing an
additional temporary basis (the Patent
Application Backlog Reduction
Stimulus Plan) under which a small
entity applicant may have an
application accorded special status for
examination if the applicant expressly
abandons another copending
unexamined application. See Patent
Application Backlog Reduction
Stimulus Plan, 74 FR 62285 (Nov. 27,
2009), 1349 Off. Gaz. Pat. Off. 304 (Dec.
22, 2009) (notice). The Patent
Application Backlog Reduction
Stimulus Plan allowed small entity
applicants having multiple applications
currently pending before the USPTO to
have greater control over the priority
with which their applications are
examined while also stimulating a
reduction of the backlog of unexamined
patent applications pending before the
USPTO. The USPTO indicated that the
plan would last for a period ending on
February 28, 2010, but may be extended
for an additional time period thereafter.
See Patent Application Backlog
Reduction Stimulus Plan, 74 FR at
62287, 1349 Off. Gaz. Pat. Off. at 306.
The USPTO extended the plan for an
additional four months to June 30, 2010.
See Extension of the Patent Application
Backlog Reduction Stimulus Plan, 75 FR
5041 (February 1, 2010), 1351 Off. Gaz.
Pat. Off. 202 (February 23, 2010).
Subsequently, the USPTO expanded the
plan to eliminate the small entity
requirement and further extended its
duration to expire at the earlier of the
December 31, 2010 date, or the date that
10,000 applications have been accorded
special status under this plan. See
Expansion and Extension of the Patent
Application Backlog Reduction
Stimulus Plan, 75 FR 36063 (June 24,
2010), 1356 Off. Gaz. Pat. Off. 173 (July
20, 2010).
The USPTO is extending the Patent
Application Backlog Reduction
Stimulus Plan until December 31, 2011.
Accordingly, the Patent Application
Backlog Reduction Stimulus Plan will
run until 10,000 petitions have been
PO 00000
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Fmt 4703
Sfmt 4703
granted or until December 31, 2011,
whichever occurs earlier. The USPTO
may further extend this plan (on either
a temporary or permanent basis), or may
also discontinue the plan after
December 31, 2011, if 10,000 petitions
have not been granted, depending upon
the results of the plan. Information
concerning the number of petitions that
have been filed and granted under the
Patent Application Backlog Reduction
Stimulus Plan is available on the
USPTO’s Internet Web site at https://
www.uspto.gov/patents/init_events/
PatentStimulusPlan.jsp. For a petition
under 37 CFR 1.102 to be granted under
the procedure for the Patent Application
Backlog Reduction Stimulus Plan, the
petition under 37 CFR 1.102 and the
letter of express abandonment and its
accompanying statement must be filed
on or before December 31, 2011 (unless
the Patent Application Backlog
Reduction Stimulus Plan is extended by
a subsequent notice).
Dated: November 16, 2010.
David J. Kappos,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2010–29360 Filed 11–19–10; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–805]
Initiation and Preliminary 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: In response to a request for an
expedited changed circumstances
review from Tuberia Nacional, S.A. de
C.V. (TUNA) and Lamina y Placa
Comercial, S.A. de C.V. (Lamina y
Placa), the Department of Commerce
(the Department) is initiating a changed
circumstances review of the
antidumping duty order on certain
circular welded non-alloy steel pipe
(CWP) from Mexico pursuant to section
751(b) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR 351.216
and 351.221(c)(3). We have
preliminarily concluded that Lamina y
Placa is the successor-in-interest to
TUNA and, as a result, should be
accorded the same treatment previously
given to TUNA with respect to the
antidumping duty order on CWP from
AGENCY:
E:\FR\FM\22NON1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Notices]
[Pages 71070-71072]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29528]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-838, A-570-964]
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
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the ``Department'') and the International Trade Commission
(``ITC''), the Department is issuing antidumping duty orders on
seamless refined copper pipe and tube (``copper pipe and tube'') from
Mexico and the People's Republic of China (``PRC''). In addition, the
Department is amending its final determination of sales at less than
fair value (``LTFV'') from Mexico as a result of a ministerial error.
DATES: Effective Dates: November 22, 2010.
FOR FURTHER INFORMATION CONTACT: Joy Zhang (Mexico) or Shawn Higgins
(PRC), AD/CVD Operations, Offices 3 and 4, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202) 482-1168 or (202) 482-0679, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 1, 2010, the Department published its affirmative final
determinations of sales at LTFV in the antidumping duty investigations
of copper pipe and tube from Mexico and the PRC.\1\
---------------------------------------------------------------------------
\1\ See Seamless Refined Copper Pipe and Tube From Mexico: Final
Determination of Sales at Less Than Fair Value, 75 FR 60723 (October
1, 2010) (``Final Determination of Sales at LTFV from Mexico'');
Seamless Refined Copper Pipe and Tube From the People's Republic of
China: Final Determination of Sales at Less Than Fair Value, 75 FR
60725 (October 1, 2010).
---------------------------------------------------------------------------
On November 15, 2010, in accordance with section 735(d) of the
Tariff Act of 1930, as amended (the ``Act''), the ITC notified the
Department of its final determination, that an industry in the United
States is threatened with material injury by reason of LTFV imports of
copper pipe and tube from Mexico and the PRC.\2\
---------------------------------------------------------------------------
\2\ See Seamless Refined Copper Pipe and Tube from China and
Mexico, Investigation Nos. 731-TA-1174-1175 (Final), USITC
Publication 4193, November 2010; section 735(b)(1)(A)(ii) of the
Act.
---------------------------------------------------------------------------
Scope of the Orders
For the purpose of these orders, 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 these orders 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 these orders 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 these orders are all seamless circular
hollows of refined copper less than 12 inches in length whose OD
(actual) exceeds its length. The products subject to these orders 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 these orders 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 these orders is
dispositive.
Amendment to the Final Determination of Sales at LTFV From Mexico
On October 1, 2010, the Department published its affirmative final
determination of sales at LTFV of copper pipe and tube from Mexico.\3\
On October 6, 2010, Nacional de Cobre, S.A. de C.V. (``Nacobre''), a
respondent in the investigation, submitted a timely ministerial error
allegation and requested, pursuant to section 735(e) of the Act and 19
CFR 351.224(c), that the Department correct an alleged ministerial
error in the dumping margin calculations.\4\ The Department did not
receive any rebuttal comments.
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\3\ See Final Determination of Sales at LTFV from Mexico.
\4\ See Letter from Nacobre to the Secretary of Commerce,
``Seamless Refined Copper Pipe and Tube from Mexico: Nacobre's
Comments Regarding Ministerial Errors in the Final Determination''
(October 6, 2010).
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After analyzing Nacobre's allegation, the Department determined, in
accordance with section 735(e) of the Act and 19 CFR 351.224(e), that
it made a ministerial error in its calculations for the Final
Determination of Sales at LTFV from Mexico. Specifically, the
[[Page 71071]]
Department relied on incorrect comparison market (``CM'') data used for
the price-to-price comparisons with United States sales, calculations
of profit for constructed export price (``CEP'') sales, and constructed
value selling expenses. Therefore, the Department changed the margin
program calculations for Nacobre to rely on the correct weighted-
average CM data. Based on the correction of this error, Nacobre's
weighted-average margin decreased from 31.43 percent to 27.16 percent.
Furthermore, to remain consistent with the methodology used to
calculate the ``all others'' rate in the Final Determination of Sales
at LTFV from Mexico, the Department calculated a simple average of the
weighted-average dumping margins for the mandatory respondents to
derive a revised ``all others'' rate of 26.03 percent.
For a detailed discussion of the ministerial error alleged by
Nacobre, as well as the Department's analysis, see the Department's
October 18, 2010, ministerial error memorandum.\5\
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\5\ See Memorandum from Melissa G. Skinner, Director, AD/CVD
Operations, Office 3, to Ronald K. Lorentzen, Deputy Assistant
Secretary for Import Administration, ``Ministerial Error Allegations
in the Final Determination of the Antidumping Duty Investigation of
Seamless Refined Copper Pipe and Tube from Mexico'' (October 18,
2010).
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Antidumping Duty Orders
On November 15, 2010, in accordance with section 735(d) of the Act,
the ITC notified the Department of its final determination that an
industry in the United States is threatened with material injury within
the meaning of section 735(b)(1)(A)(ii) of the Act by reason of LTFV
imports of copper pipe and tube from Mexico and the PRC. Therefore, in
accordance with section 736(a)(1) of the Act, the Department will
direct U.S. Customs and Border Protection (``CBP'') to assess, upon
further advice by the Department, antidumping duties equal to the
amount by which the normal value of the merchandise exceeds the export
price (or CEP) of the merchandise for all relevant entries of copper
pipe and tube from Mexico and the PRC.
Pursuant to section 736(b)(2) of the Act, duties shall be assessed
on subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's notice of
final determination if that determination is based on the threat of
material injury, other than threat of material injury described in
section 736(b)(1) of the Act.\6\ In addition, section 736(b)(2) of the
Act requires CBP to release any bond or other security, and refund any
cash deposit made of estimated antidumping duties posted since the
Department's preliminary antidumping duty determinations.\7\
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\6\ Section 736(b)(1) of the Act states that ``{i{time} f the
{ITC{time} , in its final determination under section 735(b), finds
material injury or threat of material injury which, but for the
suspension of liquidation under section 733(d)(2) would have led to
a finding of material injury, then entries of the subject
merchandise, the liquidation of which has been suspended under
section 733(d)(2), shall be subject to the imposition of antidumping
duties under section 731.''
\7\ See Seamless Refined Copper Pipe and Tube From Mexico:
Notice of Preliminary Determination of Sales at Less Than Fair Value
and Postponement of Final Determination, 75 FR 26726 (May 12, 2010),
as corrected by Seamless Refined Copper Pipe and Tube From Mexico:
Correction to Notice of Preliminary Determination of Sales at Less
Than Fair Value and Postponement of Final Determination, 75 FR 29990
(May 28, 2010); Seamless Refined Copper Pipe and Tube from the
People's Republic of China: Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination, 75 FR
26716 (May 12, 2010).
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Because the ITC's final determination is based on the threat of
material injury and is not accompanied by a finding that injury would
have resulted but for the imposition of suspension of liquidation of
entries since the Department's preliminary determinations, section
736(b)(2) of the Act is applicable. Therefore, the Department will
instruct CBP to terminate the suspension of liquidation for entries of
copper pipe and tube from Mexico and the PRC entered, or withdrawn from
warehouse, for consumption prior to the publication of the ITC's final
determination and release any bond or other security posted and refund
any cash deposit of estimated antidumping duties made between the
publication of the Department's preliminary determinations on May 12,
2010, and the publication of the ITC's final determination.
Furthermore, the antidumping duties below will be assessed on all
unliquidated entries of copper pipe and tube from Mexico and the PRC
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of the ITC's notice of final determination of
threat of material injury in the Federal Register.
Final Determination Margins
The margins, as amended where appropriate, and cash deposit rates
are as follows:
People's Republic of China
------------------------------------------------------------------------
Weighted-
average
Exporter Producer margin
(percent)
------------------------------------------------------------------------
Golden Dragon Precise Copper Golden Dragon Precise 11.25
Tube Group, Inc. Copper Tube Group, Inc.
Zhejiang Hailiang Co., Ltd.; Zhejiang Hailiang Co., 60.85
Hong Kong Hailiang Metal Ltd.; Shanghai Hailiang
Trading Limited; Shanghai Copper Co., Ltd.
Hailiang Copper Co., Ltd.
Zhejiang Naile Copper Co., Ltd Zhejiang Naile Copper Co., 36.05
Ltd.
Zhejiang Jiahe Pipes Inc...... Zhejiang Jiahe Pipes Inc... 36.05
Luvata Tube (Zhongshan) Ltd... Luvata Tube (Zhongshan) Ltd 36.05
Luvata Tube (Zhongshan) Ltd... Luvata Alltop (Zhongshan) 36.05
Ltd.
Luvata Alltop (Zhongshan) Ltd. Luvata Alltop (Zhongshan) 36.05
Ltd.
Ningbo Jintian Copper Tube Co. Ningbo Jintian Copper Tube 36.05
Ltd. Co. Ltd.
PRC-Wide Entity............... PRC-Wide Entity............ 60.85
------------------------------------------------------------------------
Mexico
------------------------------------------------------------------------
IUSA S.A. de C.V.............. IUSA S.A. de C.V........... 24.89
Nacional de Cobre, S.A. de C.V Nacional de Cobre, S.A. de 27.16
C.V.
All Others.................... All Others................. 26.03
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[[Page 71072]]
On or after the date of publication of the ITC's notice of final
determination in the Federal Register, CBP must require, pursuant to
section 736(a)(3) of the Act, at the same time as importers would
normally deposit estimated duties on this merchandise, a cash deposit
equal to the estimated weighted-average margins listed above.
This notice constitutes the antidumping duty orders with respect to
copper pipe and tube from Mexico and the PRC, pursuant to section
736(a) of the Act. Interested parties may contact the Department's
Central Records Unit, Room 7046 of the main Commerce building, for
copies of an updated list of antidumping duty orders currently in
effect.
These antidumping duty orders and amended final determination are
issued and published in accordance with sections 736(a), 735(e), and
777(i)(A) of the Act and 19 CFR 351.211(b) and 351.224(e).
Dated: November 18, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-29528 Filed 11-19-10; 8:45 am]
BILLING CODE 3510-DS-P
