Seamless Refined Copper Pipe and Tube From Mexico: Final Results of Antidumping Duty New Shipper Review, 59178-59180 [2012-23686]
Download as PDF
<![CDATA[
59178
Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Notices
Period to be
reviewed
Suspension Agreements
None.
mstockstill on DSK4VPTVN1PROD with NOTICES
3 If one of the above-named companies does not qualify for a separate rate, all other exporters of Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam who have not qualified for a separate rate are deemed to be covered by this review as part of the single Vietnam entity of
which the named exporters are a part.
4 If the above-named company does not qualify for a separate rate, all other exporters of Certain Steel Nails from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part.
5 If the above-named company does not qualify for a separate rate, all other exporters of Laminated Woven Sacks from the PRC who have not
qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part.
6 If the above-named company does not qualify for a separate rate, all other exporters of Polyethylene Retail Carrier Bags from the PRC who
have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are
a part.
7 The company listed above was misspelled in the initiation notice that published on August 30, 2012 (77 FR 52688). The correct spelling of
the company is listed in this notice.
During any administrative review
covering all or part of a period falling
between the first and second or third
and fourth anniversary of the
publication of an antidumping duty
order under 19 CFR 351.211 or a
determination under 19 CFR
351.218(f)(4) to continue an order or
suspended investigation (after sunset
review), the Secretary, if requested by a
domestic interested party within 30
days of the date of publication of the
notice of initiation of the review, will
determine, consistent with FAG Italia v.
United States, 291 F.3d 806 (Fed Cir.
2002), as appropriate, whether
antidumping duties have been absorbed
by an exporter or producer subject to the
review if the subject merchandise is
sold in the United States through an
importer that is affiliated with such
exporter or producer. The request must
include the name(s) of the exporter or
producer for which the inquiry is
requested.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period, of
the order, if such a gap period is
applicable to the period of review.
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Those procedures apply to
administrative reviews included in this
notice of initiation. Parties wishing to
participate in any of these
administrative reviews should ensure
that they meet the requirements of these
procedures (e.g., the filing of separate
VerDate Mar<15>2010
17:27 Sep 25, 2012
Jkt 226001
letters of appearance as discussed at 19
CFR 351.103(d)).
Any party submitting factual
information in an antidumping duty or
countervailing duty proceeding must
certify to the accuracy and completeness
of that information. See section 782(b)
of the Act. Parties are hereby reminded
that revised certification requirements
are in effect for company/government
officials as well as their representatives
in all segments of any antidumping duty
or countervailing duty proceedings
initiated on or after March 14, 2011. See
Certification of Factual Information to
Import Administration During
Antidumping and Countervailing Duty
Proceedings: Interim Final Rule, 76 FR
7491 (February 10, 2011) (‘‘Interim Final
Rule’’), amending 19 CFR 351.303(g)(1)
and (2). The formats for the revised
certifications are provided at the end of
the Interim Final Rule. The Department
intends to reject factual submissions in
any proceeding segments initiated on or
after March 14, 2011 if the submitting
party does not comply with the revised
certification requirements.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 USC 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: September 19, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–23685 Filed 9–25–12; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–838]
Seamless Refined Copper Pipe and
Tube From Mexico: Final Results of
Antidumping Duty New Shipper
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 27, 2012, the
Department of Commerce
(‘‘Department’’) published in the
Federal Register the preliminary results
of the new shipper review of the
antidumping duty order on seamless
refined copper tube and pipe from
Mexico.1 This review covers one
producer and exporter, GD Affiliates S.
de R.L. de C.V. (Golden Dragon).2 We
gave interested parties an opportunity to
comment on the Preliminary Results
and, based upon our analysis of the
comments, we have made changes to the
margin calculation for the final results
of this new shipper review. Golden
Dragon’s final weighted-average
dumping margin is listed below in the
‘‘Final Results of Review’’ section of this
notice. The period of review (‘‘POR’’) is
November 22, 2010, through April 30,
2011.
DATES: Effective Date: September 26,
2012.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure, AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
AGENCY:
1 Seamless Refined Copper Pipe and Tube From
Mexico: Preliminary Results of Antidumping Duty
New Shipper Review, 77 FR 25136 (April 27, 2012)
(‘‘Preliminary Results’’).
2 As noted in the Preliminary Results, we use the
name Golden Dragon when we refer to the
collective group of Golden Dragon companies,
which includes GD Affiliates S. de R.L. de C.V. who
requested the review.
Frm 00016
Fmt 4703
Sfmt 4703
E:\FR\FM\26SEN1.SGM
26SEN1
59179
Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Notices
Washington, DC 20230; telephone: (202)
482–5973.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2012, the Department
published in the Federal Register the
Preliminary Results of the new shipper
review of the antidumping duty order
on seamless copper pipe and tube from
Mexico. We invited parties to comment
on the Preliminary Results. We received
comments from the Petitioners 3 on May
30, 2012. We received rebuttal
comments from Golden Dragon on June
4, 2012. On June 19, 2012, the
Department extended the deadline for
the final until September 20, 2012.4
mstockstill on DSK4VPTVN1PROD with NOTICES
Scope of the Order
For the purpose of the order, 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 the order 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 the
order 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
3 Cerro Flow Products, LLC, Wieland Copper
Products, LLC, Mueller Copper Tube Products, Inc.
and Mueller Copper Tube Company, Inc.
(collectively, ‘‘the Petitioners’’).
4 Memorandum to Christian Marsh, from Dennis
McClure, Re: Seamless Refined Copper Pipe and
Tube from Mexico: Extension of Deadline for Final
Results of Antidumping Duty New Shipper Review,
dated, June 19, 2012.
VerDate Mar<15>2010
17:27 Sep 25, 2012
Jkt 226001
‘‘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:
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) ..............
users at https://iaaccess.trade.gov and in
the Central Records Unit (‘‘CRU’’), room
7046 of the main Department of
Commerce building. In addition, a
complete version of the Decision
Memorandum can be accessed directly
on the internet at https://www.trade.gov/
ia/. The signed Decision Memorandum
and the electronic versions of the
Decision Memorandum are identical in
content.
Based on a review of the record and
Limiting
comments received from interested
content
parties regarding our Preliminary
percent by
Results, we have made changes to the
weight
margin calculation for Golden Dragon.
0.25 See the Decision Memorandum for a
0.5
complete explanation of the
1.3
Department’s decision.
1.4
0.8
1.5
0.7
0.8
0.8
1.0
0.3
0.3
Excluded from the scope of the order
are all seamless circular hollows of
refined copper less than 12 inches in
length whose OD (actual) exceeds its
length. The products subject to the order
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 the
order 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 the
order is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties are addressed
in the ‘‘Seamless Refined Copper Pipe
and Tube from Mexico: Issues and
Decision Memorandum for the Final
Results of the New Shipper Review’’
(‘‘Decision Memorandum’’), dated
concurrently with this notice and which
is hereby adopted by this notice. A list
of the issues which parties raised is
attached to this notice as an Appendix.
Parties can find a complete discussion
of all issues raised in this new shipper
review and the corresponding
recommendation in this public
memorandum which is on file
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
Final Results of New Shipper Review
As a result of our review, we
determine that the following weightedaverage dumping margin exists for
Golden Dragon for the period November
22, 2010, through April 30, 2011:
Manufacturer/exporter
Weighted-average
dumping margin
(percent)
Golden Dragon 5 ...........
5.53
Assessment Rate
The Department will determine,and
U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
review.
Golden Dragon’s weighted-average
dumping margin is above de minimis in
the final results of this review, and,
therefore we have calculated importerspecific (or customer-specific) ad
valorem antidumping duty assessment
rates. Where the assessment rate is
above de minimis, we will instruct CBP
to assess duties on all entries of subject
merchandise by that importer.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
new shipper review for all shipments of
the subject merchandise by Golden
Dragon entered, or withdrawn from
warehouse, for consumption on or after
the publication date of these final
results, consistent with section
751(a)(2)(C) of the Act: (1) For subject
merchandise manufactured and
exported by Golden Dragon, the cash
5 Golden Dragon includes GD Affiliates S. de R.L.
de C.V.
E:\FR\FM\26SEN1.SGM
26SEN1
59180
Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Notices
deposit rate will be 5.53 percent; (2) for
subject merchandise exported by
Golden Dragon but not manufactured by
Golden Dragon, the cash deposit rate
will be the all others rate (i.e., 26.03
percent); (3) for subject merchandise
manufactured by Golden Dragon but
exported by any party other than Golden
Dragon, the cash deposit rate will be the
all others rate. These requirements,
when imposed, shall remain in effect
until further notice.
Further, effective upon publication of
the final results, we intend to instruct
CBP that importers may no longer post
a bond or other security in lieu of a cash
deposit on imports of seamless refined
copper pipe and tube from Mexico,
manufactured and exported by Golden
Dragon. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notifications to Interested Parties
mstockstill on DSK4VPTVN1PROD with NOTICES
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.
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/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.
We are issuing and publishing this
new shipper review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: September 20, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I—Issues and Decision
Memorandum
Comment 1: Date of Sale
Comment 2: Adjustment to U.S. Price
VerDate Mar<15>2010
17:27 Sep 25, 2012
Jkt 226001
Comment 3: Entitlement to New Shipper
Review
[FR Doc. 2012–23686 Filed 9–25–12; 8:45 am]
BILLING CODE 3510–DS–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 12–1]
Telephonic Prehearing Conference
Cancellation
U.S. Consumer Product Safety
Commission.
ACTION: Cancellation of Telephonic
prehearing conference.
AGENCY:
Cancellation of Telephonic
prehearing conference on September 25,
2012, in the matter of Maxfield and
Oberton Holdings, LLC, CPSC Docket
12–1.
FOR FURTHER INFORMATION CONTACT: Katy
J.L. Duke, Esq., U.S. Coast Guard ALJ
Program, 504/671–2213.
SUMMARY:
Dated: September 21, 2012.
Todd A. Stevenson,
Secretary.
[FR Doc. 2012–23664 Filed 9–25–12; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
Withdrawal of Intent To Prepare a Draft
Environmental Impact Statement/
Environmental Impact Report for the
Ballona Creek Ecosystem Restoration
Feasibility Study, Los Angeles County,
CA
Department of the Army, U.S.
Army Corps of Engineers, DoD.
ACTION: Notice of intent.
AGENCY:
The Los Angeles District of
the U.S. Army Corps of Engineers
(Corps) published a Notice of Intent to
Prepare a Draft Environmental Impact
Statement/Environmental Impact Report
(EIS/EIR) for the Ballona Creek
Ecosystem Restoration Feasibility Study
in the Federal Register on September
20, 2005 (70 FR 55116). The study’s
purpose is to evaluate structural and
non-structural means of restoring
diminished ecosystem functions and
services within the lower reach of
Ballona Creek including coastal
wetlands. Santa Monica Bay Restoration
Commission (SMBRC) is the local
sponsor for the cost-shared study.
On September 29, 2005, a public
scoping meeting was held pursuant to
SUMMARY:
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
requirements of the National
Environmental Policy Act and Engineer
Regulations 1105–2–100. Baseline
conditions portions of the EIS/EIR have
been completed as of January, 2012. On
July 17, 2012, the SMBRC requested the
Corps terminate the study. Therefore,
the Corps is withdrawing the Notice of
Intent to Prepare a draft EIS/EIR.
FOR FURTHER INFORMATION CONTACT: Ms.
Jodi Clifford, Chief, Environmental
Resources Branch. Mailing Address: Ms.
Jodi Clifford, Chief, Environmental
Resources Branch, Corps of Engineers,
Los Angeles District, CESPL–PD–R, 915
Wilshire Boulevard, Los Angeles, CA
90017. Telephone: (213) 452–3840.
Email: Jodi.L.Clifford@usace.army.mil.
SUPPLEMENTARY INFORMATION: The Corps
is no longer pursing restoration within
Ballona Creek as a cost-shared study
within its Civil Works program.
Although SMBRC requested the Corps
terminate the feasibility study, SMBRC,
acting on behalf of the California
Department of Fish and Game, is
moving forward with plans for
ecosystem restoration within Ballona
Creek. SMBRC must obtain permissions
from the Corps to proceed with
implementation of its restoration
proposals. Therefore, the Corps is
initiating an EIS pursuant to its
authorities under Section 404 of the
Clean Water Act, Section 10 of the 1899
Rivers and Harbors Act, and Title 33,
U.S. Code, Section 408 for a project to
be planned and carried out by SMBRC.
To that end, the Corps published a
Notice of Intent to Prepare an EIS in the
Federal Register on July 25, 2012 (77 FR
43575). A scoping meeting was held on
August 16, 2012. All technical studies
and reports prepared under the Civil
Works feasibility study authority will be
utilized to the maximum practical
extent in support of the EIS/EIR process
now underway.
Dated: September 12, 2012.
R. Mark Toy,
Colonel, U.S. Army Commander and District
Engineer.
[FR Doc. 2012–23669 Filed 9–25–12; 8:45 am]
BILLING CODE 3720–58–P
DEPARTMENT OF DEFENSE
Corps of Engineers, Department of the
Army
Notice of Intent To Prepare a Draft
Environmental Impact Statement for a
Proposed Aquatic Ecosystem
Restoration Project for the Quiver
River, MS
Department of Defense, U.S.
Army Corps of Engineers, DoD.
AGENCY:
E:\FR\FM\26SEN1.SGM
26SEN1
]]>Agencies
[Federal Register Volume 77, Number 187 (Wednesday, September 26, 2012)]
[Notices]
[Pages 59178-59180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23686]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-838]
Seamless Refined Copper Pipe and Tube From Mexico: Final Results
of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 27, 2012, the Department of Commerce (``Department'')
published in the Federal Register the preliminary results of the new
shipper review of the antidumping duty order on seamless refined copper
tube and pipe from Mexico.\1\ This review covers one producer and
exporter, GD Affiliates S. de R.L. de C.V. (Golden Dragon).\2\ We gave
interested parties an opportunity to comment on the Preliminary Results
and, based upon our analysis of the comments, we have made changes to
the margin calculation for the final results of this new shipper
review. Golden Dragon's final weighted-average dumping margin is listed
below in the ``Final Results of Review'' section of this notice. The
period of review (``POR'') is November 22, 2010, through April 30,
2011.
---------------------------------------------------------------------------
\1\ Seamless Refined Copper Pipe and Tube From Mexico:
Preliminary Results of Antidumping Duty New Shipper Review, 77 FR
25136 (April 27, 2012) (``Preliminary Results'').
\2\ As noted in the Preliminary Results, we use the name Golden
Dragon when we refer to the collective group of Golden Dragon
companies, which includes GD Affiliates S. de R.L. de C.V. who
requested the review.
---------------------------------------------------------------------------
DATES: Effective Date: September 26, 2012.
FOR FURTHER INFORMATION CONTACT: Dennis McClure, AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
[[Page 59179]]
Washington, DC 20230; telephone: (202) 482-5973.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2012, the Department published in the Federal Register
the Preliminary Results of the new shipper review of the antidumping
duty order on seamless copper pipe and tube from Mexico. We invited
parties to comment on the Preliminary Results. We received comments
from the Petitioners \3\ on May 30, 2012. We received rebuttal comments
from Golden Dragon on June 4, 2012. On June 19, 2012, the Department
extended the deadline for the final until September 20, 2012.\4\
---------------------------------------------------------------------------
\3\ Cerro Flow Products, LLC, Wieland Copper Products, LLC,
Mueller Copper Tube Products, Inc. and Mueller Copper Tube Company,
Inc. (collectively, ``the Petitioners'').
\4\ Memorandum to Christian Marsh, from Dennis McClure, Re:
Seamless Refined Copper Pipe and Tube from Mexico: Extension of
Deadline for Final Results of Antidumping Duty New Shipper Review,
dated, June 19, 2012.
---------------------------------------------------------------------------
Scope of the Order
For the purpose of the order, 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 the order 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 the order 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 the order are all seamless circular
hollows of refined copper less than 12 inches in length whose OD
(actual) exceeds its length. The products subject to the order 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 the order 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 the order is
dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the ``Seamless Refined Copper Pipe and Tube from Mexico:
Issues and Decision Memorandum for the Final Results of the New Shipper
Review'' (``Decision Memorandum''), dated concurrently with this notice
and which is hereby adopted by this notice. A list of the issues which
parties raised is attached to this notice as an Appendix. Parties can
find a complete discussion of all issues raised in this new shipper
review and the corresponding recommendation in this public memorandum
which is on file electronically via Import Administration's Antidumping
and Countervailing Duty Centralized Electronic Service System (IA
ACCESS). IA ACCESS is available to registered users at https://iaaccess.trade.gov and in the Central Records Unit (``CRU''), room 7046
of the main Department of Commerce building. In addition, a complete
version of the Decision Memorandum can be accessed directly on the
internet at https://www.trade.gov/ia/. The signed Decision Memorandum
and the electronic versions of the Decision Memorandum are identical in
content.
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we have made
changes to the margin calculation for Golden Dragon. See the Decision
Memorandum for a complete explanation of the Department's decision.
Final Results of New Shipper Review
As a result of our review, we determine that the following
weighted-average dumping margin exists for Golden Dragon for the period
November 22, 2010, through April 30, 2011:
------------------------------------------------------------------------
Weighted-average
Manufacturer/exporter dumping margin
(percent)
------------------------------------------------------------------------
Golden Dragon \5\................................... 5.53
------------------------------------------------------------------------
Assessment Rate
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries. The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of review.
Golden Dragon's weighted-average dumping margin is above de minimis
in the final results of this review, and, therefore we have calculated
importer-specific (or customer-specific) ad valorem antidumping duty
assessment rates. Where the assessment rate is above de minimis, we
will instruct CBP to assess duties on all entries of subject
merchandise by that importer.
---------------------------------------------------------------------------
\5\ Golden Dragon includes GD Affiliates S. de R.L. de C.V.
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this new shipper review for all
shipments of the subject merchandise by Golden Dragon entered, or
withdrawn from warehouse, for consumption on or after the publication
date of these final results, consistent with section 751(a)(2)(C) of
the Act: (1) For subject merchandise manufactured and exported by
Golden Dragon, the cash
[[Page 59180]]
deposit rate will be 5.53 percent; (2) for subject merchandise exported
by Golden Dragon but not manufactured by Golden Dragon, the cash
deposit rate will be the all others rate (i.e., 26.03 percent); (3) for
subject merchandise manufactured by Golden Dragon but exported by any
party other than Golden Dragon, the cash deposit rate will be the all
others rate. These requirements, when imposed, shall remain in effect
until further notice.
Further, effective upon publication of the final results, we intend
to instruct CBP that importers may no longer post a bond or other
security in lieu of a cash deposit on imports of seamless refined
copper pipe and tube from Mexico, manufactured and exported by Golden
Dragon. These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notifications to Interested Parties
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.
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/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.
We are issuing and publishing this new shipper review and notice in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: September 20, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I--Issues and Decision Memorandum
Comment 1: Date of Sale
Comment 2: Adjustment to U.S. Price
Comment 3: Entitlement to New Shipper Review
[FR Doc. 2012-23686 Filed 9-25-12; 8:45 am]
BILLING CODE 3510-DS-P
