Seamless Refined Copper Pipe and Tube From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2012-2013, 73028-73029 [2014-28827]

Download as PDF 73028 Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Notices 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 DEPARTMENT OF COMMERCE International Trade Administration [A–201–838] Seamless Refined Copper Pipe and Tube From Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2012–2013 Methodology Enforcement and Compliance, 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, 2012, through October 31, 2013. We 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 9, 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. AGENCY: SUPPLEMENTARY INFORMATION: Scope of the Order rljohnson on DSK3VPTVN1PROD with NOTICES 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 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 (November 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 (September 26, 2012), and accompanying Issues and Decision Memorandum. VerDate Sep<11>2014 14:48 Dec 08, 2014 Jkt 235001 The Department is conducting 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, dated concurrently with these results and hereby adopted by this notice. 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 (ACCESS).4 ACCESS is available to registered users at http://access.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 http:// enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review The Department preliminarily determines that the following weightedaverage dumping margins exist: 3 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, 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; 2012– 2013’’ (Preliminary Decision Memorandum), dated concurrent with and adopted by this notice, for a complete description of the Scope of the Order. 4 On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance’s AD and CVD Centralized Electronic Service System (IA ACCESS) to AD and CVD Centralized Electronic Service System (ACCESS). The Web site location was changed from http:// iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 Producer/exporter Weightedaverage dumping margin (percent) GD Affiliates S. de R.L. de C.V ......................... Nacional de Cobre, S.A. de C.V ......................... 1.23 0.00 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.5 Interested parties may submit case briefs to the Department no later than seven days after the date of the final verification report issued in this proceeding. 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.6 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.7 Case and rebuttal briefs should be filed using ACCESS.8 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 ACCESS. An electronically-filed document must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Standard Time within 30 days after the date of publication of this notice.9 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 20230.10 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) 5 See 19 CFR 351.224(b). 19 CFR 351.309(d). 7 See 19 CFR 351.309(c)(2) and (d)(2). 8 See 19 CFR 351.303. 9 See 19 CFR 351.310(c). 10 Id. 6 See E:\FR\FM\09DEN1.SGM 09DEN1 Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Notices of the Act and 19 CFR 351.213(h), unless this deadline is extended. rljohnson on DSK3VPTVN1PROD with NOTICES 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.11 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), and we will instruct CBP to assess antidumping duties on all appropriate entries covered by this review. 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 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 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 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 11 See 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 recentlycompleted 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. 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 2, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Discussion of the Methodology i. Normal Value Comparisons ii. Determination of Comparison Method iii. Product Comparisons iv. Date of Sale v. Constructed Export Price vi. Normal Value vii. Currency Conversion [FR Doc. 2014–28827 Filed 12–8–14; 8:45 am] BILLING CODE 3510–DS–P 19 CFR 351.212(b). VerDate Sep<11>2014 14:48 Dec 08, 2014 Jkt 235001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 73029 DEPARTMENT OF COMMERCE International Trade Administration [C–570–942] Certain Kitchen Appliance Shelving and Racks From the People’s Republic of China: Final Results of Expedited Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) finds that revocation of the countervailing duty order (CVD) order on certain kitchen appliance shelving and racks (kitchen racks) from the People’s Republic of China (PRC) would be likely to lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the Final Results of Review section of this notice. DATES: Effective Date: December 9, 2014. FOR FURTHER INFORMATION CONTACT: Mary Kolberg, Office I, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1785. AGENCY: SUPPLEMENTARY INFORMATION Background On August 1, 2014, the Department initiated a sunset review of the CVD Order 1 on kitchen racks from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On August 18, 2014, the Department received a notice of intent to participate in the review on behalf of Nashville Wire Products, Inc. (Nashville Wire) and SSW Holding Company, Inc. (SSW) (collectively, the domestic industry) within the deadline specified in 19 CFR 351.218(d)(1)(i). Each of these companies claimed interested party status under section 771(9)(C) of the Act, as domestic producers of the domestic like product. The Department received adequate substantive responses collectively from the domestic industry within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department did not receive a substantive response from the Government of the PRC or any respondent interested party to the 1 See Certain Kitchen Appliance Shelving and Racks From the People’s Republic of China: Countervailing Duty Order, 74 FR 46973 (September 14, 2009) (CVD Order). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 79 FR 44743 (August 1, 2014). E:\FR\FM\09DEN1.SGM 09DEN1

Agencies

[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Notices]
[Pages 73028-73029]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28827]



[[Page 73028]]

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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; 2012-2013

AGENCY: Enforcement and Compliance, 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, 2012, through October 31, 2013. 
We 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 (November 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 (September 26, 2012), and accompanying Issues and Decision 
Memorandum.

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DATES: Effective Date: December 9, 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:

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 
Paul Piquado, 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; 2012-2013'' (Preliminary Decision 
Memorandum), dated concurrent with and adopted by this notice, for a 
complete description of the Scope of the Order.
---------------------------------------------------------------------------

Methodology

    The Department is conducting 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, dated 
concurrently with these results and hereby adopted by this notice. 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 (ACCESS).\4\ 
ACCESS is available to registered users at http://access.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 http://enforcement.trade.gov/frn/index.html. The signed Preliminary 
Decision Memorandum and the electronic version of the Preliminary 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (IA ACCESS) to AD and CVD Centralized 
Electronic Service System (ACCESS). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
---------------------------------------------------------------------------

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                       Weighted- average
                  Producer/exporter                      dumping margin
                                                           (percent)
------------------------------------------------------------------------
GD Affiliates S. de R.L. de C.V......................               1.23
Nacional de Cobre, S.A. de C.V.......................               0.00
------------------------------------------------------------------------

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.\5\ 
Interested parties may submit case briefs to the Department no later 
than seven days after the date of the final verification report issued 
in this proceeding. 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.\6\ 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.\7\ Case and rebuttal briefs should be filed 
using ACCESS.\8\
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    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See 19 CFR 351.303.
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    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 ACCESS. An electronically-filed 
document must be received successfully in its entirety by ACCESS by 5 
p.m. Eastern Standard Time within 30 days after the date of publication 
of this notice.\9\ 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.\10\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.310(c).
    \10\ 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)

[[Page 73029]]

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.\11\ 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), 
and we will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review. 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.
---------------------------------------------------------------------------

    \11\ 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 their 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 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.
    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 2, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
    i. Normal Value Comparisons
    ii. Determination of Comparison Method
    iii. Product Comparisons
    iv. Date of Sale
    v. Constructed Export Price
    vi. Normal Value
    vii. Currency Conversion

[FR Doc. 2014-28827 Filed 12-8-14; 8:45 am]
BILLING CODE 3510-DS-P