Seamless Refined Copper Pipe and Tube From Mexico: Final Results of Antidumping Duty Administrative Review; 2011-2012, 36719-36720 [2014-15280]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Notices]
[Pages 36719-36720]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15280]


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                                                Federal Register
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Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / 
Notices

[[Page 36719]]



DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-838]


Seamless Refined Copper Pipe and Tube From Mexico: Final Results 
of Antidumping Duty Administrative Review; 2011-2012

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On December 24, 2013, the Department of Commerce (the 
Department) published in the Federal Register the Preliminary Results 
of the 2011-2012 administrative review of the antidumping duty order on 
seamless refined copper tube and pipe from Mexico.\1\ This 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). We gave interested parties an 
opportunity to comment on the Preliminary Results and, based upon our 
analysis of the comments, we continue to find that sales of subject 
merchandise have been made at prices below normal value.
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    \1\ See Seamless Refined Copper Pipe and Tube From Mexico: 
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012, 78 FR 77651 (December 24, 2013) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \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.

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DATES: Effective Date: June 30, 2014.

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:

Background

    On December 24, 2013, the Department published in the Federal 
Register the Preliminary Results of the 2011-2012 administrative review 
of the antidumping duty order on seamless refined copper pipe and tube 
from Mexico. We invited parties to comment on the Preliminary Results. 
We received case briefs from Golden Dragon, Nacobre, and the 
petitioners \3\ on January 23, 2014. On January 28, 2014, we also 
received comments from Nacobre related to U.S. Customs and Border 
Protection (CBP) information placed on the record in January 2014.\4\ 
On February 3, 2014, we received rebuttal briefs from Golden Dragon and 
the petitioners. A public hearing was held on February 20, 2014, to 
discuss issues raised in the briefs. On April 9, 2014, we postponed the 
final results by 30 days; \5\ on May 15, 2014, we postponed the final 
results by an additional 30 days.\6\
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    \3\ The petitioners are Cerro Flow Products, LLC, Wieland Copper 
Products, LLC, Mueller Copper Tube Products, Inc. and Mueller Copper 
Tube Company, Inc.
    \4\ See the January 17, 2014, memorandum to the File from 
Elizabeth Eastwood, Senior Analyst, entitled ``Information from U.S. 
Customs and Border Protection (CBP) Regarding U.S. Sale of Nacional 
de Cobre, S.A. de C.V. (Nacobre).''
    \5\ See the April 9, 2014, memorandum to Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations from James Maeder, Director, entitled ``Seamless Refined 
Copper Pipe and Tube from Mexico: Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review; 2011-2012.''
    \6\ See the May 15, 2014, memorandum to Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations from James Maeder, Director, entitled ``Seamless Refined 
Copper Pipe and Tube from Mexico: Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review; 2011-2012.''
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Scope of the Order

    The merchandise subject to the order \7\ 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 the Issues and Decision 
Memorandum,\8\ remains dispositive.
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    \7\ 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 (November 22, 2010) (Amended Final and Order).
    \8\ See memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
entitled ``Issues and Decision Memorandum for the Final Results of 
the Antidumping Duty Administrative Review of Seamless Refined 
Copper Pipe and Tube from Mexico; 2011-2012,'' which is hereby 
adopted by this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this administrative review are listed in the Appendix to this notice 
and addressed in the Issues and Decision Memorandum. Parties can find a 
complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum, which 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,; the Issues and Decision Memorandum is also 
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 Issues and Decision 
Memorandum can be accessed directly on the Web at https://enforcement.trade.gov/frn/. The paper copy and electronic version of 
the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    We revised our preliminary margin calculation for Nacobre to 
incorporate certain changes to Nacobre's assessment rate and cost of 
production, as noted in Comments 7 and 8, respectively, of the 
accompanying Issues and Decision Memorandum. We made no changes to the 
calculation of Golden Dragon's

[[Page 36720]]

weighted-average dumping margin in these final results.

Period of Review

    The period of review is November 1, 2011, through October 31, 2012.

Duty Absorption

    In the Preliminary Results, we found that antidumping duties have 
been absorbed by Golden Dragon and Nacobre on all U.S. sales made 
through their affiliated importers of record.\9\ We have received no 
further information regarding this issue for the final results. 
Therefore, for the final results, we continue to find that antidumping 
duties have been absorbed by Golden Dragon and Nacobre on all U.S. 
sales made through their affiliated importers of record.
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    \9\ See Preliminary Results and accompanying Preliminary 
Decision Memorandum at 17.

                       Final Results of the Review
------------------------------------------------------------------------
                                                               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..............................        0.58
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b)(1), the Department has 
determined, and CBP shall assess, antidumping duties on all appropriate 
entries of subject merchandise and deposits of estimated duties, where 
applicable, in accordance with the final results of this review. The 
Department intends to issue appropriate assessment instructions 
directly to CBP 41 days after publication of the final results of this 
administrative review pursuant to 19 CFR 356.8(a).
    For Golden Dragon and Nacobre, the Department will calculate 
importer-specific assessment rates equal to the ratio of the total 
amount of dumping calculated for the importer's examined sales and the 
total entered value of those sales. Where an importer-specific 
assessment rate is zero or de minimis (i.e., less than 0.5 percent), 
the Department will instruct CBP to liquidate these entries without 
regard to antidumping duties pursuant to 19 CFR 351.106(c)(2).

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of these final results for all shipments of 
seamless refined copper pipe and tube from Mexico entered, or withdrawn 
from warehouse, for consumption on or after the publication date 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 completed 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 final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    In accordance with 19 CFR 351.305(a)(3), this notice also serves as 
a reminder to parties subject to administrative protective order (APO) 
of their responsibility concerning the return or destruction of 
proprietary information disclosed under the APO, which continues to 
govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(h).

    Dated: June 23, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Margin Calculations
Scope of the Order
Discussion of the Issues
Comment 1: Legal Authority to Consider an Alternative Comparison 
Method in an Administrative Review
Comment 2: Withdrawal of the Regulatory Provisions Governing 
Targeted Dumping in Less-Than-Fair-Value Investigations
Comment 3: Differential Pricing Analysis: Establishment of 
Thresholds under the Administrative Procedure Act
Comment 4: Differential Pricing Analysis: Identification of a 
Pattern of Prices that Differs Significantly and a Meaningful 
Difference in the Results
Comment 5: Differential Pricing Analysis: Prices Set by Contractual 
Formula
Comment 6: Adverse Facts Available for Golden Dragon
Comment 7: Level of Trade for Golden Dragon
Comment 8: CBP Documentation for Nacobre
Comment 9: Nacobre's Raw Material Cost Adjustment Recommendation

[FR Doc. 2014-15280 Filed 6-27-14; 8:45 am]
BILLING CODE 3510-DS-P