Seamless Refined Copper Pipe and Tube From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2010-2011, 73422-73424 [2012-29783]

Download as PDF 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 http:// 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 http:// 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]


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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 http://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 http://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