Seamless Refined Copper Pipe and Tube From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 77651-77653 [2013-30664]
Download as PDF
<![CDATA[
Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Notices
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (the ‘‘Department’’) and the
International Trade Commission (the
‘‘ITC’’) that revocation of the
antidumping duty order on low
enriched uranium (‘‘LEU’’) from France
would likely lead to a continuation or
recurrence of dumping and material
injury to an industry in the United
States, the Department is publishing a
notice of continuation of the
antidumping duty order.
DATES: Effective Date: December 24,
2013.
FOR FURTHER INFORMATION CONTACT:
Hilary Sadler, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone (202) 482–4340.
SUPPLEMENTARY INFORMATION:
Background
On December 3, 2012, the Department
initiated a sunset review of the
antidumping duty order on LEU from
France, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the
‘‘Act’’).1 As a result of its review, the
Department determined that revocation
of the order on LEU from France would
likely lead to a continuation or
recurrence of dumping and, therefore,
notified the ITC of the magnitude of the
margins likely to prevail should the
order be revoked.2 On December 12,
2013, the ITC published its
determination, pursuant to section
751(c) of the Act that revocation of the
antidumping duty order on LEU from
France would lead to a continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.3
Scope of the Order
emcdonald on DSK67QTVN1PROD with NOTICES
The product covered by the order is
all low enriched uranium (‘‘LEU’’). LEU
is enriched uranium hexafluoride (UF6)
with a U235 product assay of less than
20 percent that has not been converted
into another chemical form, such as
UO2, or fabricated into nuclear fuel
assemblies, regardless of the means by
1 See Initiation of Five-Year (‘‘Sunset’’) Review, 77
FR 71684 (December 3, 2013).
2 See Low Enriched Uranium from France: Final
Results of the Expedited Sunset Review of the
Antidumping Duty Order, 78 FR 21100 (April 9,
2013).
3 See Low Enriched Uranium from France
(Investigation No. 731–TA–909 (Second Review), 78
FR 75579 (December 12, 2013).
VerDate Mar<15>2010
16:36 Dec 23, 2013
Jkt 232001
which the LEU is produced (including
LEU produced through the
downblending of highly enriched
uranium).
Certain merchandise is outside the
scope of the order. Specifically, the
order does not cover enriched uranium
hexafluoride with a U235 assay of 20
percent or greater, also known as highly
enriched uranium. In addition,
fabricated LEU is not covered by the
scope of the order. For purposes of the
order, fabricated uranium is defined as
enriched uranium dioxide (UO2),
whether or not contained in nuclear fuel
rods or assemblies. Natural uranium
concentrates (U3O8) with a U235
concentration of no greater than 0.711
percent and natural uranium
concentrates converted into uranium
hexafluoride with a U235 concentration
of no greater than 0.711 percent are not
covered by the scope of the order.
Also excluded from the order is LEU
owned by a foreign utility end-user and
imported into the United States by or for
such end-user solely for purposes of
conversion by a U.S. fabricator into
uranium dioxide (UO2) and/or
fabrication into fuel assemblies so long
as the uranium dioxide and/or fuel
assemblies deemed to incorporate such
imported LEU (i) remain in the
possession and control of the U.S.
fabricator, the foreign end-user, or their
designed transporter(s) while in U.S.
customs territory, and (ii) are reexported
within eighteen (18) months of entry of
the LEU for consumption by the enduser in a nuclear reactor outside the
United States. Such entries must be
accompanied by the certifications of the
importer and end user.
The merchandise subject to this order
is classified in the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’) at subheading 2844.20.0020.
Subject merchandise may also enter
under 2844.20.0030, 2844.20.0050, and
2844.40.00. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to the order is dispositive.
Continuation of the Order
As a result of the determinations by
the Department and the ITC that
revocation of the antidumping duty
order would likely lead to a
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to Section
751(d)(2) of the Act, the Department
hereby orders the continuation of the
antidumping duty order on LEU from
France. U.S. Customs and Border
Protection will continue to collect
antidumping duty cash deposits at the
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
77651
rates in effect at the time of entry for all
imports of subject merchandise. The
effective date of the continuation of the
order will be the date of publication in
the Federal Register of this notice of
continuation. Pursuant to section
751(c)(2) of the Act, the Department
intends to initiate the next five-year
review of the order not later than 30
days prior to the effective date of the
continuation.
The five-year (‘‘sunset’’) review and
this notice are in accordance with
section 751(c) of the Act and published
pursuant to section 777(i)(1) of the Act.
Dated: December 17, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2013–30737 Filed 12–23–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–838]
Seamless Refined Copper Pipe and
Tube From Mexico: Preliminary
Results of Antidumping Duty
Administrative Review; 2011–2012
Enforcement and Compliance,
formerly 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.1 The review covers two
producers/exporters of the subject
merchandise, GD Affiliates S. de R.L. de
C.V. (Golden Dragon) 2 and Nacional de
Cobre, S.A. de C.V. (Nacobre). The
period of review (POR) is November 1,
2011, through October 31, 2012. We
AGENCY:
1 See 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) (Order).
2 The Department has previously treated GD
Affiliates S. de R.L. de C.V. as part of a single entity
including: 1) GD Copper Cooperatief U.A.; 2) Hong
Kong GD Trading Co. Ltd.; 3) Golden Dragon
Holding (Hong Kong) International, Ltd.; 4) GD
Copper U.S.A. Inc.; 5) GD Affiliates Servicios S. de
R.L. de C.V.; and 6) GD Affiliates S. de R.L. de C.V.,
which is collectively referred to as Golden Dragon.
See, e.g., Seamless Refined Copper Pipe and Tube
From Mexico: Final Results of Antidumping Duty
New Shipper Review, 77 FR 59178 (Sept. 26, 2012),
and accompanying Issues and Decision
Memorandum. In addition, Counsel for GD
Affiliates S. de R.L. de C.V. submitted a letter to the
Department, on behalf of the Golden Dragon
affiliates listed above, and entered an appearance
and requested an administrative review of GD
Affiliates S. de R.L. de C.V., on November 30, 2012.
E:\FR\FM\24DEN1.SGM
24DEN1
77652
Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Notices
have preliminarily found that sales of
subject merchandise have been made at
prices below normal value. Interested
parties are invited to comment on these
preliminary results.
DATES: Effective Date: December 24,
2013.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood or Dennis McClure,
AD/CVD Operations, Office II,
Enforcement and Compliance,
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 7411.10.1030 and
7411.10.1090, and also may enter under
HTSUS subheadings 7407.10.1500,
7419.99.5050, 8415.90.8065, and
8415.90.8085. The HTSUS subheadings
are provided for convenience and
customs purposes only; the written
product description of the scope of the
order is dispositive.3
emcdonald on DSK67QTVN1PROD with NOTICES
Methodology
The Department has conducted this
review in accordance with section
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 Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov and it
is available to all parties in the Central
Records Unit, room 7046 of the main
3 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, entitled ‘‘Seamless
Refined Copper Pipe and Tube from Mexico:
Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review; 2011–
2012,’’ (Preliminary Decision Memorandum), dated
concurrent with and adopted by this notice, for a
complete description of the Scope of the Order.
VerDate Mar<15>2010
16:36 Dec 23, 2013
Jkt 232001
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Weightedaverage
dumping
margin
(percent)
Producer or Exporter
GD Affiliates S. de R.L. de C.V ..
Nacional de Cobre, S.A. de C.V
2.26
0.59
Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with these
preliminary results within five days
after the date of publication of this
notice.4 Pursuant to 19 CFR 351.309(c),
interested parties may submit cases
briefs no later than 30 days after the
date of publication of these preliminary
results of review. Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed no later than five
days after the time limit for filing case
briefs.5 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.6 Case and
rebuttal briefs should be filed using IA
ACCESS.7
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
Enforcement and Compliance, filed
electronically via IA ACCESS. An
electronically-filed document must be
received successfully in its entirety by
IA ACCESS by 5 p.m. Eastern Standard
Time within 30 days after the date of
publication of this notice.8 Hearing
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
issues raised in the briefs. If a request
for a hearing is made, parties will be
4 See
19 CFR 351.224(b).
19 CFR 351.309(d).
6 See 19 CFR 351.309(c)(2) and (d)(2).
7 See 19 CFR 351.303.
8 See 19 CFR 351.310(c).
5 See
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
notified of the time and date for the
hearing to be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230.9
The Department intends to issue the
final results of this administrative
review, including the results of its
analysis of the issues raised in any
written briefs, no later than 120 days
after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h),
unless this deadline is extended.
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.10 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 not zero or de minimis (i.e.,
less than 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 not zero or 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
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).
9 See
id.
19 CFR 351.212(b).
10 See
E:\FR\FM\24DEN1.SGM
24DEN1
Federal Register / Vol. 78, No. 247 / Tuesday, December 24, 2013 / Notices
We intend to issue instructions to
CBP 41 days after the publication date
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 equal to the weightedaverage dumping margins 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 Order. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
emcdonald on DSK67QTVN1PROD with NOTICES
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.
a non-business day, in accordance with
the Department’s practice, the deadline
will become the next business day. The
revised deadline for the preliminary
results of this review is now December
18, 2013.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h) and 351.221(b)(4).
Dated: December 18, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Normal Value Comparisons
2. Determination of Comparison Method
3. Product Comparisons
4. Date of Sale
5. Constructed Export Price
6. Normal Value
7. Duty Absorption
8. Currency Conversion
[FR Doc. 2013–30664 Filed 12–23–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Preliminary Results
and Partial Rescission of the 18th
Antidumping Duty Administrative
Review; 2011–2012
Tolling of Deadlines
As explained in the memorandum
from the Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
October 1, through October 16, 2013.11
Therefore, all deadlines in this segment
of the proceeding have been extended
by 16 days. If the new deadline falls on
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) is conducting the 18th
administrative review (AR) of the
antidumping duty order on fresh garlic
from the People’s Republic of China
(PRC) covering the period of review
(POR) November 1, 2011, through
October 31, 2012.1 The mandatory
respondents in this review are: Hebei
Golden Bird Trading Co., Ltd. (Golden
Bird) and Shenzhen Xinboda Industrial
Co., Ltd. (Xinboda). The Department has
preliminarily determined that, during
the POR, the respondents in this
proceeding have made sales of subject
merchandise at less than normal value
(NV). The Department is also
preliminarily determining that 13
companies made no shipments.
11 See Memorandum for the Record from Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Shutdown
of the Federal Government’’ (Oct. 18, 2013).
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 77 FR 77017
(December 31, 2012) (Initiation Notice).
VerDate Mar<15>2010
16:36 Dec 23, 2013
Jkt 232001
AGENCY:
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
DATES:
77653
Effective Date: December 24,
2013.
FOR FURTHER INFORMATION CONTACT:
Nicholas Czajkowski or Lingjun Wang,
AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–1395 or (202) 482–2316,
respectively.
Scope of the Order
The merchandise covered by the order
includes all grades of garlic, whole or
separated into constituent cloves. Fresh
garlic that are subject to the order are
currently classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) 0703.20.0010,
0703.20.0020, 0703.20.0090,
0710.80.7060, 0710.80.9750,
0711.90.6000, and 2005.90.9700.
Although the HTSUS numbers are
provided for convenience and customs
purposes, the written product
description, available in Antidumping
Duty Order: Fresh Garlic from the
People’s Republic of China, 59 FR 59209
(November 16, 1994), remains
dispositive. For a full description of the
scope of the order, see the Preliminary
Decision Memorandum.2
Partial Rescission of Administrative
Review
On December 31, 2012, the
Department initiated this administrative
review with respect to 139 companies.3
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 the notice of initiation
of the requested review. The
Department is rescinding this review for
Jinxiang Jinma Fruits Vegetables
Products Co., Ltd. and Zhengzhou
Harmoni Spice Co., Ltd., as: (1) Parties
have timely withdrawn all review
requests with respect to these
companies; and (2) these companies
have separate rates from a prior
completed segment of this proceeding.
For these companies, antidumping
duties shall be assessed at rates equal to
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance regarding ‘‘Decision
Memorandum for the Preliminary Results of the
2011–2012 Antidumping Duty Administrative
Review: Fresh Garlic from the People’s Republic of
China,’’ dated concurrently with these results and
hereby adopted by this notice (Preliminary Decision
Memorandum).
3 See Initiation Notice, 77 FR at 77020–77022.
E:\FR\FM\24DEN1.SGM
24DEN1
]]>Agencies
[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Notices]
[Pages 77651-77653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30664]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-838]
Seamless Refined Copper Pipe and Tube From Mexico: Preliminary
Results of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, formerly 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.\1\ The review covers two producers/
exporters of the subject merchandise, GD Affiliates S. de R.L. de C.V.
(Golden Dragon) \2\ and Nacional de Cobre, S.A. de C.V. (Nacobre). The
period of review (POR) is November 1, 2011, through October 31, 2012.
We
[[Page 77652]]
have preliminarily found that sales of subject merchandise have been
made at prices below normal value. Interested parties are invited to
comment on these preliminary results.
---------------------------------------------------------------------------
\1\ See 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) (Order).
\2\ The Department has previously treated GD Affiliates S. de
R.L. de C.V. as part of a single entity including: 1) GD Copper
Cooperatief U.A.; 2) Hong Kong GD Trading Co. Ltd.; 3) Golden Dragon
Holding (Hong Kong) International, Ltd.; 4) GD Copper U.S.A. Inc.;
5) GD Affiliates Servicios S. de R.L. de C.V.; and 6) GD Affiliates
S. de R.L. de C.V., which is collectively referred to as Golden
Dragon. See, e.g., Seamless Refined Copper Pipe and Tube From
Mexico: Final Results of Antidumping Duty New Shipper Review, 77 FR
59178 (Sept. 26, 2012), and accompanying Issues and Decision
Memorandum. In addition, Counsel for GD Affiliates S. de R.L. de
C.V. submitted a letter to the Department, on behalf of the Golden
Dragon affiliates listed above, and entered an appearance and
requested an administrative review of GD Affiliates S. de R.L. de
C.V., on November 30, 2012.
---------------------------------------------------------------------------
DATES: Effective Date: December 24, 2013.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Dennis McClure,
AD/CVD Operations, Office II, Enforcement and Compliance, 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 7411.10.1030
and 7411.10.1090, and also may enter under HTSUS subheadings
7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085. The HTSUS
subheadings are provided for convenience and customs purposes only; the
written product description of the scope of the order is
dispositive.\3\
---------------------------------------------------------------------------
\3\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, entitled ``Seamless Refined Copper Pipe and Tube from
Mexico: Decision Memorandum for Preliminary Results of Antidumping
Duty Administrative Review; 2011-2012,'' (Preliminary Decision
Memorandum), dated concurrent with and adopted by this notice, for a
complete description of the Scope of the Order.
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
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 Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS). IA ACCESS is
available to registered users at https://iaaccess.trade.gov and it is
available to all parties in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly at
https://enforcement.trade.gov/frn/. The signed and electronic versions
of the Preliminary Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Producer or Exporter dumping
margin
(percent)
------------------------------------------------------------------------
GD Affiliates S. de R.L. de C.V............................. 2.26
Nacional de Cobre, S.A. de C.V.............................. 0.59
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with these preliminary results
within five days after the date of publication of this notice.\4\
Pursuant to 19 CFR 351.309(c), interested parties may submit cases
briefs no later than 30 days after the date of publication of these
preliminary results of review. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no later than five days after
the time limit for filing case briefs.\5\ 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.\6\ Case and rebuttal
briefs should be filed using IA ACCESS.\7\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.224(b).
\5\ See 19 CFR 351.309(d).
\6\ See 19 CFR 351.309(c)(2) and (d)(2).
\7\ 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 Enforcement and
Compliance, filed electronically via IA ACCESS. An electronically-filed
document must be received successfully in its entirety by IA ACCESS by
5 p.m. Eastern Standard Time within 30 days after the date of
publication of this notice.\8\ Hearing 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 issues raised in the briefs. If a
request for a hearing is made, parties will be notified of the time and
date for the hearing to be held at the U.S. Department of Commerce,
14th Street and Constitution Avenue NW., Washington, DC 20230.\9\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.310(c).
\9\ See id.
---------------------------------------------------------------------------
The Department intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised in any written briefs, no later than 120 days after the
date of publication of this notice, pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h), unless this deadline is extended.
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.\10\ 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 not zero or de minimis (i.e., less than 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 not zero or 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.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------
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).
[[Page 77653]]
We intend to issue instructions to CBP 41 days after the
publication date 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 equal to
the weighted-average dumping margins 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
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
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Tolling of Deadlines
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\11\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. If the new deadline falls on a non-business day, in accordance
with the Department's practice, the deadline will become the next
business day. The revised deadline for the preliminary results of this
review is now December 18, 2013.
---------------------------------------------------------------------------
\11\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (Oct. 18, 2013).
---------------------------------------------------------------------------
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and
351.221(b)(4).
Dated: December 18, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Normal Value Comparisons
2. Determination of Comparison Method
3. Product Comparisons
4. Date of Sale
5. Constructed Export Price
6. Normal Value
7. Duty Absorption
8. Currency Conversion
[FR Doc. 2013-30664 Filed 12-23-13; 8:45 am]
BILLING CODE 3510-DS-P
