Seamless Refined Copper Pipe and Tube From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2010-2011, 73422-73424 [2012-29783]
Download as PDF
<![CDATA[
73422
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Notices
intermediate involved in the
transaction. For a full discussion of this
clarification, see Assessment Policy
Notice.
review, including the results of its
analysis of issues raised by parties in
their comments, within 120 days after
the issuance of these preliminary
results.
Cash Deposit Requirements
mstockstill on DSK4VPTVN1PROD with
Assessment Rates
The Department shall determine, and
CBP will assess, antidumping duties on
all appropriate entries in accordance
with 19 CFR 351.212(b)(1). Pursuant to
an order issued by the U.S. Court of
International Trade on October 24, 2011,
liquidation of the entries covered by this
administrative review is enjoined.
Accordingly, the Department will not
instruct CBP to assess antidumping
duties pending resolution of the
associated litigation.
For any individually examined
respondents whose weighted-average
dumping margin is above de minimis,
we will calculate importer-specific ad
valorem duty assessment rates based on
the ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
same sales in accordance with 19 CFR
351.212(b)(1).5
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review when the
importer-specific assessment rate
calculated in the final results of this
review is above de minimis (i.e., 0.50
percent). Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
The final results of this review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review where applicable.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (‘‘Assessment
Policy Notice’’). This clarification will
apply to entries of subject merchandise
during the POR produced by Ehwa and
Shinhan for which these companies did
not know that their merchandise was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
5 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
VerDate Mar<15>2010
18:30 Dec 07, 2012
Jkt 229001
Effective October 24, 2011, the
Department revoked the antidumping
duty order on diamond sawblades from
Korea, pursuant to a proceeding under
section 129 of the Uruguay Round
Agreements Act to implement the
findings of the World Trade
Organization dispute settlement panel
in United States—Use of Zeroing in
Anti-Dumping Measures Involving
Products from Korea (WTIDS402/R)
(January 18, 2011). See Notice of
Implementation of Determination Under
Section 129 of the Uruguay Round
Agreements Act and Revocation of the
Antidumping Duty Order on Diamond
Sawblades and Parts Thereof From the
Republic of Korea, 76 FR 66892 (October
28, 2011), and accompanying Issues and
Decision Memorandum. Consequently,
no cash deposits are required on
imports of subject merchandise.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
This review and notice are in
accordance with sections 751(a)(1),
751(a)(3), and 777(i) of the Act.
Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix
List of Topics Discussed in Preliminary
Decision Memorandum
1. Fraud Allegation
2. Discussion of Methodology
a. Application of Facts Available
b. Adverse Facts Available
c. Corroboration
d. Comparison to Normal Value
e. Product Comparisons
f. Date of Sale
g. Constructed Export Price
h. Normal Value
i. Currency Conversion
[FR Doc. 2012–29757 Filed 12–7–12; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–838]
Seamless Refined Copper Pipe and
Tube From Mexico: Preliminary
Results of Antidumping Duty
Administrative Review; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on seamless
refined copper pipe and tube from
Mexico. The review covers two
producers/exporters of the subject
merchandise, GD Affiliates S. de R.L. de
C.V. and its affiliate Hong Kong GD
Trading Co., Ltd. (collectively, Golden
Dragon) and Nacional de Cobre, S.A. de
C.V. (Nacobre). The period of review
(POR) is May 1, 2011, through October
31, 2011, for Golden Dragon and
November 22, 2010, through October 31,
2011, for Nacobre. We have
preliminarily found that sales of the
subject merchandise have not been
made at prices below normal value.
DATES: Effective Date: December 10,
2012.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood or Dennis McClure,
AD/CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3874 or (202) 482–
5973, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order
is seamless refined copper pipe and
tube. The product is currently classified
under the Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings 7407.10.1500,
7419.99.5050, 8415.90.8065, and
8415.90.8085. Although the HTSUS
numbers are provided for convenience
and customs purposes, the written
product description, available in
Seamless Refined Copper Pipe and Tube
From Mexico and the People’s Republic
of China: Antidumping Duty Orders and
Amended Final Determination of Sales
at Less Than Fair Value From Mexico,
75 FR 71070 (Nov. 22, 2010) (Amended
Final and Order), remains dispositive.
Methodology
The Department has conducted this
review in accordance with section
E:\FR\FM\10DEN1.SGM
10DEN1
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Notices
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Constructed export
price is calculated in accordance with
section 772 of the Act. Normal value is
calculated in accordance with section
773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the memorandum from
Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration, entitled, ‘‘Decision
Memorandum for Preliminary Results of
Antidumping Duty Administrative
Review: Seamless Refined Copper Pipe
and Tube from Mexico’’ (dated
concurrently with this notice)
(Preliminary Decision Memorandum),
which is hereby adopted by this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
Access to IA ACCESS is available to
registered users at https://
iaaccess.trade.gov and it is available to
all parties in the Central Records Unit,
7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
mstockstill on DSK4VPTVN1PROD with
Preliminary Results of Review
As a result of this review, we
preliminarily determine that no
weighted-average dumping margin
exists for Golden Dragon for the period
May 1, 2010, through October 31, 2011,
or for Nacobre for the period November
22, 2010, through October 31, 2011.
Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with these
preliminary results within five days of
the date of publication of this notice.1
Pursuant to 19 CFR 351.309(c),
interested parties may submit cases
briefs not later than 30 days after the
date of publication of this notice.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than five days after the date for filing
case briefs.2 Parties who submit case
briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.3
Case and rebuttal briefs should be filed
using IA ACCESS.4
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Import Administration, filed
electronically via IA ACCESS. An
electronically-filed document must be
received successfully in its entirety by
the Department’s electronic records
system, IA ACCESS, by 5 p.m. Eastern
Standard Time within 30 days after the
date of publication of this notice.5
Requests should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case
briefs. The Department will issue the
final results of this administrative
review, including the results of its
analysis of the issues raised in any
written briefs, not later than 120 days
after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act.
Assessment Rates
Upon issuance of the final results, the
Department shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review. Golden Dragon and Nacobre
reported the names of the importers of
record and the entered value for all of
their sales to the United States during
the POR. If Golden Dragon’s and
Nacobre’s weighted-average dumping
margins are above de minimis (i.e., 0.50
percent) in the final results of this
review, we will calculate importerspecific assessment rates on the basis of
the ratio of the total amount of dumping
calculated for the importer’s examined
sales and the total entered value of those
sales in accordance with 19 CFR
351.212(b)(1). We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
3 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.303.
5 See 19 CFR 351.310(c).
1 See
19 CFR 351.224(b).
2 See 19 CFR 351.309(d).
VerDate Mar<15>2010
18:30 Dec 07, 2012
4 See
Jkt 229001
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
73423
liquidate the appropriate entries
without regard to antidumping duties.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. This clarification will
apply to entries of subject merchandise
during the POR produced by Golden
Dragon and Nacobre for which they did
not know its merchandise was destined
for the United States. In such instances,
we will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction. For a full discussion of this
clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of seamless
refined copper pipe and tube from
Mexico entered, or withdrawn from
warehouse, for consumption on or after
the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rates for Golden Dragon and
Nacobre will be the rates established in
the final results of this administrative
review; (2) for merchandise exported by
manufacturers or exporters not covered
in this review but covered in a prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recently completed segment; (3) if
the exporter is not a firm covered in this
review, a prior review, or the original
investigation but the manufacturer is,
the cash deposit rate will be the rate
established for the most recently
completed segment for the manufacturer
of the merchandise; (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 26.03
percent, the all-others rate established
in the Amended Final and Order. These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
E:\FR\FM\10DEN1.SGM
10DEN1
73424
Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Notices
Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Fair-Value Comparisons
2. Targeted Dumping
3. Product Comparisons
4. Date of Sale
5. Constructed Export Price
6. Normal Value
7. Currency Conversion
[FR Doc. 2012–29783 Filed 12–7–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Partial
Rescission of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting an
administrative review of the
antidumping duty order on certain
frozen fish fillets (‘‘fish fillets’’) from the
Socialist Republic of Vietnam
(‘‘Vietnam’’).1 The Department is
rescinding the review with respect to
An Giang Fisheries Import & Export
Joint Stock Company (‘‘Agifish’’). The
period of review (‘‘POR’’) is August 1,
2010, through July 31, 2011.
DATES: Effective Date: December 10,
2012.
FOR FURTHER INFORMATION CONTACT: Paul
Walker, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone 202.482.0413.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with
AGENCY:
Case History
On October 3, 2011, the Department
initiated the eighth administrative
review of fish fillets from Vietnam with
1 See Notice of Antidumping Duty Order: Certain
Frozen Fish Fillets from the Socialist Republic of
Vietnam, 68 FR 47909 (August 12, 2003).
VerDate Mar<15>2010
18:30 Dec 07, 2012
Jkt 229001
respect to 32 companies.2 On January 2
and 3, 2012, Agifish, along with the
Catfish Farmers of America and
individual U.S. catfish processors
(collectively, ‘‘Petitioners’’), withdrew
their requests for an administrative
review of Agifish.3 On September 12,
2012, the Department published the
Preliminary Results.4
of the relevant entries during this POR.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Partial Rescission of Administrative
Review
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
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 APO in accordance
with 19 CFR 351.305(a)(3), 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
which is subject to sanction.
We are issuing and publishing this
determination in accordance with
sections 751(a)(1) and 777(i)(1) of the
Tariff Act of 1930, as amended.
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
who requested the review withdraws
the request within 90 days of the date
of publication of notice of initiation of
the requested review. The withdrawal
requests filed by the Petitioners and
Agifish were submitted within the 90
day period and, thus, are timely.
Because the withdrawal requests were
timely submitted and because no other
party continues to have an outstanding
request for review of Agifish, in
accordance with section 351.213(d)(1) of
the Department’s regulations, we are
partially rescinding this review with
respect to Agifish.
Assessment Rates
The Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to assess antidumping duties on all
appropriate entries. Agifish has a
separate rate from a prior segment of
this proceeding; therefore, antidumping
duties shall be assessed at a rate equal
to the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption during the POR in
accordance with 19 CFR 351.212(c)(2).
The Department intends to issue
appropriate assessment instructions
directly to CBP 15 days after publication
of this notice.
Notification to Interested Parties
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Requests for Revocation, 76 FR 61076 (October 3,
2011).
3 See Agifish’s submission dated January 3, 2012
at 1. See Petitioners’ submission dated January 2,
2012 at 1.
4 See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Preliminary Results of the
Eighth Antidumping Duty Administrative Review
and Ninth New Shipper Reviews, Partial Rescission
of Review, and Intent to Revoke Order in Part, 77
FR 56180 (September 12, 2012) (‘‘Preliminary
Results’’).
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
Notification Regarding Administrative
Protective Orders
Dated: November 30, 2012.
Gary Taverman,
Senior Advisor for Antidumping and
Countervailing Duty Operations.
[FR Doc. 2012–29775 Filed 12–7–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–849]
Steel Wire Garment Hangers From
Taiwan: Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Effective Date: December 10,
2012.
Based on affirmative final
determinations by the Department of
Commerce (the ‘‘Department’’) and the
International Trade Commission (the
‘‘ITC’’), the Department is issuing an
antidumping duty order on steel wire
garment hangers from Taiwan.
FOR FURTHER INFORMATION CONTACT: Paul
Walker, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone 202.482.0413.
SUPPLEMENTARY INFORMATION:
SUMMARY:
E:\FR\FM\10DEN1.SGM
10DEN1
]]>Agencies
[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Notices]
[Pages 73422-73424]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29783]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-838]
Seamless Refined Copper Pipe and Tube From Mexico: Preliminary
Results of Antidumping Duty Administrative Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on seamless refined
copper pipe and tube from Mexico. The review covers two producers/
exporters of the subject merchandise, GD Affiliates S. de R.L. de C.V.
and its affiliate Hong Kong GD Trading Co., Ltd. (collectively, Golden
Dragon) and Nacional de Cobre, S.A. de C.V. (Nacobre). The period of
review (POR) is May 1, 2011, through October 31, 2011, for Golden
Dragon and November 22, 2010, through October 31, 2011, for Nacobre. We
have preliminarily found that sales of the subject merchandise have not
been made at prices below normal value.
DATES: Effective Date: December 10, 2012.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Dennis McClure,
AD/CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3874 or (202) 482-5973, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is seamless refined copper
pipe and tube. The product is currently classified under the Harmonized
Tariff Schedule of the United States (HTSUS) subheadings 7407.10.1500,
7419.99.5050, 8415.90.8065, and 8415.90.8085. Although the HTSUS
numbers are provided for convenience and customs purposes, the written
product description, available in Seamless Refined Copper Pipe and Tube
From Mexico and the People's Republic of China: Antidumping Duty Orders
and Amended Final Determination of Sales at Less Than Fair Value From
Mexico, 75 FR 71070 (Nov. 22, 2010) (Amended Final and Order), remains
dispositive.
Methodology
The Department has conducted this review in accordance with section
[[Page 73423]]
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed
export price is calculated in accordance with section 772 of the Act.
Normal value is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the memorandum from Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration, entitled,
``Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Seamless Refined Copper Pipe and Tube from
Mexico'' (dated concurrently with this notice) (Preliminary Decision
Memorandum), which is hereby adopted by this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Import Administration's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). Access to IA ACCESS
is available to registered users at https://iaaccess.trade.gov and it is
available to all parties in the Central Records Unit, 7046 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
Internet at https://www.trade.gov/ia/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
As a result of this review, we preliminarily determine that no
weighted-average dumping margin exists for Golden Dragon for the period
May 1, 2010, through October 31, 2011, or for Nacobre for the period
November 22, 2010, through October 31, 2011.
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with these preliminary results
within five days of the date of publication of this notice.\1\ Pursuant
to 19 CFR 351.309(c), interested parties may submit cases briefs not
later than 30 days after the date of publication of this notice.
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed not later than five days after the date for filing case
briefs.\2\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\3\ Case and rebuttal briefs should be filed using IA
ACCESS.\4\
---------------------------------------------------------------------------
\1\ See 19 CFR 351.224(b).
\2\ See 19 CFR 351.309(d).
\3\ See 19 CFR 351.309(c)(2) and (d)(2).
\4\ See 19 CFR 351.303.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
filed electronically via IA ACCESS. An electronically-filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time
within 30 days after the date of publication of this notice.\5\
Requests should contain: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case briefs. The Department will issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, the Department shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. Golden Dragon
and Nacobre reported the names of the importers of record and the
entered value for all of their sales to the United States during the
POR. If Golden Dragon's and Nacobre's weighted-average dumping margins
are above de minimis (i.e., 0.50 percent) in the final results of this
review, we will calculate importer-specific assessment rates on the
basis of the ratio of the total amount of dumping calculated for the
importer's examined sales and the total entered value of those sales in
accordance with 19 CFR 351.212(b)(1). We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is above de minimis. Where either the
respondent's weighted-average dumping margin is zero or de minimis, or
an importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the POR produced by Golden Dragon and Nacobre for
which they did not know its merchandise was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction. For a full discussion of this
clarification, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of seamless refined copper pipe and tube from Mexico
entered, or withdrawn from warehouse, for consumption on or after the
date of publication as provided by section 751(a)(2) of the Act: (1)
The cash deposit rates for Golden Dragon and Nacobre will be the rates
established in the final results of this administrative review; (2) for
merchandise exported by manufacturers or exporters not covered in this
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment; (3) if the exporter is not a
firm covered in this review, a prior review, or the original
investigation but the manufacturer is, the cash deposit rate will be
the rate established for the most recently completed segment for the
manufacturer of the merchandise; (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 26.03 percent, the
all-others rate established in the Amended Final and Order. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
[[Page 73424]]
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Fair-Value Comparisons
2. Targeted Dumping
3. Product Comparisons
4. Date of Sale
5. Constructed Export Price
6. Normal Value
7. Currency Conversion
[FR Doc. 2012-29783 Filed 12-7-12; 8:45 am]
BILLING CODE 3510-DS-P
