Seamless Refined Copper Pipe and Tube From Mexico: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2015, 89434-89436 [2016-29710]
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89434
Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
Use: The instrument will be used for
research including studies of the
morphology, grain structure and defect
structure in modern structural materials.
Justification for Duty-Free Entry: There
are no instruments of the same general
category manufactured in the United
States. Application accepted by
Commissioner of Customs: October 31,
2016.
Docket Number: 16–019. Applicant:
University of Nebraska—Lincoln, 1700
Y St., Lincoln, NE 68588. Instrument:
Electron Microscope. Manufacturer:
Elmitec, Germany. Intended Use: The
instrument will be used to research the
synthesis and properties of novel
nanomaterials, using the interaction of
an electron beam with the surface of
materials to image the surface with very
high (nanometer scale) resolution,
independent of temperature (in the
range from ∼¥100 C to well over 1000
C) and in the presence of different gases
and vapors. Justification for Duty-Free
Entry: There are no instruments of the
same general category manufactured in
the United States. Application accepted
by Commissioner of Customs: November
4, 2016.
Docket Number: 16–020. Applicant:
Lafayette College, 730 High Street,
Easton, PA 18042. Instrument: High
Power Q-Switched Diode-Pumped Solid
State Laser. Manufacturer: EdgeWave
GMBH, Germany. Intended Use: The
instrument will be used to study timedependent finite chemical rate and
mixing effects in turbulent combustion
and the investigation of coherent
structures in turbulent boundary layers.
The instrument is approximately 10
times more powerful than any other
high-repetition diode-pumped solid
state available from a U.S. manufacturer.
Techniques to be performed include
Planar Laser Induced Fluorescence
imaging, exploiting the high-repetition
rate and tenability features of the
instrument. Justification for Duty-Free
Entry: There are no instruments of the
same general category manufactured in
the United States. Application accepted
by Commissioner of Customs: November
4, 2016.
Docket Number: 16–022. Applicant:
Regents of the University of Colorado,
1800 Grant St., Denver, CO 80203.
Instrument: Electron Microscope.
Manufacturer: FEI Company, Brno
Czech Republic. Intended Use: The
instrument will be used to research the
structural basis for macromolecular
function in both healthy and diseased
cells. Justification for Duty-Free Entry:
There are no instruments of the same
general category manufactured in the
United States. Application accepted by
VerDate Sep<11>2014
18:59 Dec 09, 2016
Jkt 241001
Commissioner of Customs: November 4,
2016.
Dated: December 5, 2016.
Gregory W. Campbell,
Director of Subsidies Enforcement,
Enforcement and Compliance.
[FR Doc. 2016–29614 Filed 12–9–16; 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 and Preliminary
Determination of No Shipments; 2014–
2015
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. The review covers three
producers/exporters of the subject
merchandise, GD Affiliates S. de R.L. de
C.V. (Golden Dragon), Nacional de
Cobre, S.A. de C.V. (Nacobre), and
IUSA, S.A. de C.V. (IUSA). The period
of review (POR) is November 1, 2014,
through October 31, 2015. 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 December 12, 2016.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure or George Ayache, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–5973 or
(202) 482–2623, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The merchandise subject to the
Order 1 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
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) (the
Order).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
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.2
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. 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).
ACCESS is available to registered users
at https://access.trade.gov and it is
available to all parties in the Central
Records Unit, room B0824 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 Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as the Appendix to this notice.
Preliminary Determination of No
Shipments
Among the companies under review,
IUSA properly filed a statement
reporting that it made no shipments of
subject merchandise to the United
States during the POR.3 Because U.S.
Customs and Border Protection (CBP)
did not provide any information
contradicting IUSA’s claim to have
made no shipments, the Department
2 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; 2014–
2015,’’ dated concurrently with and hereby adopted
by this notice (Preliminary Decision Memorandum),
for a complete description of the Scope of the
Order.
3 For a full explanation of the Department’s
analysis, see the Preliminary Decision
Memorandum.
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Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
preliminarily determines that IUSA did
not have any reviewable transactions
during the POR. Consistent with our
practice, we are not preliminarily
rescinding the review with respect to
IUSA but, rather, we will complete the
review with respect to this company
and issue appropriate instructions to
CBP based on the final results of this
review.4
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
GD Affiliates S. de R.L. de C.V 5
Nacional de Cobre, S.A. de C.V
1.93
6.50
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Disclosure and Public Comment
The Department intends to disclose
the calculations performed in
connection with these preliminary
results to interested parties within five
days after the date of publication of this
notice.6 Interested parties may submit
case briefs to the Department no 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 no later than
five days after the time limit for filing
case briefs.7 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.8
Case and rebuttal briefs should be filed
using ACCESS.9
4 See e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR at 51306
(August 28, 2014).
5 The Department previously treated GD Affiliates
S. de R.L. de C.V. as part of a single entity
including: GD Copper Cooperatief U.A./Hong Kong
GD Trading Co. Ltd./Golden Dragon Holding (Hong
Kong) International, Ltd./GD Copper U.S.A. Inc./GD
Affiliates Servicios S. de R.L. de C.V./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.
6 See 19 CFR 351.224(b).
7 See 19 CFR 351.309(d).
8 See 19 CFR 351.309(c)(2) and (d)(2).
9 See 19 CFR 351.303.
VerDate Sep<11>2014
18:59 Dec 09, 2016
Jkt 241001
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing 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.10 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 20230.11
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 CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.12 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.
In accordance with the Department’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Golden Dragon
10 See
PO 00000
19 CFR 351.212(b).
Frm 00011
Fmt 4703
and Nacobre for which they did not
know their merchandise was destined
for the United States, we will instruct
CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for
the intermediary involved in the
transaction.13 Further, if we continue to
find in the final results that IUSA had
no shipments of subject merchandise
during the POR, we will instruct CBP to
liquidate any suspended entries that
entered under its antidumping duty case
number at the all-others rate.
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 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
13 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
19 CFR 351.310(c).
11 Id.
12 See
89435
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Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices
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 5, 2016.
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. Preliminary Determination of No
Shipments
5. 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
6. Recommendation
[FR Doc. 2016–29710 Filed 12–9–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Renewable Energy and Energy
Efficiency Advisory Committee;
Meeting
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting.
AGENCY:
The Renewable Energy and
Energy Efficiency Advisory Committee
(REEEAC) will hold a conference call on
Thursday, December 22, 2016 at 11:00
a.m. The conference call is open to the
public with registration instructions
provided below.
DATES: December 22, 2016, from
approximately 11:00 a.m. to 12:00 p.m.
Eastern Standard Time (EST). Members
of the public wishing to participate
must register in advance with Victoria
Gunderson at the contact information
below by 5:00 p.m. EST on Tuesday,
December 20, 2016, including any
requests to make comments during the
meeting or for accommodations or
auxiliary aids.
FOR FURTHER INFORMATION CONTACT:
Victoria Gunderson, Designated Federal
Officer, Office of Energy and
Environmental Industries (OEEI),
International Trade Administration,
U.S. Department of Commerce at (202)
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:59 Dec 09, 2016
Jkt 241001
482–7890; email: Victoria.Gunderson@
trade.gov.
SUPPLEMENTARY INFORMATION:
Background: The Secretary of
Commerce established the REEEAC
pursuant to discretionary authority and
in accordance with the Federal
Advisory Committee Act, as amended (5
U.S.C. App.), on July 14, 2010. The
REEEAC was re-chartered on June 18,
2012, June 12, 2014, and June 9, 2016.
The REEEAC provides the Secretary of
Commerce with consensus advice from
the private sector on the development
and administration of programs and
policies to enhance the export
competitiveness of the U.S. renewable
energy and energy efficiency industries.
During the December 22 conference
call of the REEEAC, committee members
will recommend/approve the SubCommittee structure, select their
recommendations for Sub-Committee
leadership, and potentially approve
recommendations and/or a letter for
input to the Secretary of Commerce.
The meeting will be open to the
public and will be accessible to people
with disabilities. All guests are required
to register in advance by the deadline
identified under the DATES caption.
Requests for auxiliary aids must be
submitted by the registration deadline.
Last minute requests will be accepted,
but may not be possible to fill.
A limited amount of time before the
close of the meeting will be available for
pertinent oral comments from members
of the public attending the meeting. To
accommodate as many speakers as
possible, the time for public comments
will be limited to two to five minutes
per person (depending on the number of
public participants). Individuals
wishing to reserve speaking time during
the meeting must contact Ms.
Gunderson and submit a brief statement
of the general nature of the comments,
as well as the name and address of the
proposed participant by 5:00 p.m. EST
on Tuesday, December 20, 2016. If the
number of registrants requesting to
make statements is greater than can be
reasonably accommodated during the
meeting, the International Trade
Administration may conduct a lottery to
determine the speakers. Speakers are
requested to submit a copy of their oral
comments by email to Ms. Gunderson
for distribution to the participants in
advance of the meeting.
Any member of the public may
submit pertinent written comments
concerning the REEEAC’s affairs at any
time before or after the meeting.
Comments may be submitted to the
Renewable Energy and Energy
Efficiency Advisory Committee, c/o:
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Victoria Gunderson, Designated Federal
Officer, Office of Energy and
Environmental Industries, U.S.
Department of Commerce; 1401
Constitution Avenue NW.; Mail Stop:
4053; Washington, DC 20230. To be
considered during the meeting, written
comments must be received no later
than 5:00 p.m. EST on Tuesday,
December 20, 2016, to ensure
transmission to the Committee prior to
the meeting. Comments received after
that date will be distributed to the
members but may not be considered at
the meeting.
Copies of REEEAC meeting minutes
will be available within 30 days
following the meeting.
Dated: December 6, 2016.
Edward A. O’Malley,
Director, Office of Energy and Environmental
Industries.
[FR Doc. 2016–29701 Filed 12–9–16; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE395
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Port of Kalama
Expansion Project on the Lower
Columbia River
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an Incidental
Harassment Authorization (IHA).
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), notification is hereby given
that NMFS has issued an IHA to the Port
of Kalama (POK) for an IHA to take
small numbers of marine mammals, by
Level B harassment, incidental to inwater construction activities associated
with the Port of Kalama Expansion
Project.
DATES: Effective September 1, 2017,
through August 31, 2018.
ADDRESSES: An electronic copy of the
final Authorization, POK’s application
and the environmental assessment (EA)
may be obtained by writing to the
address specified below, telephoning
the contact listed below (see FOR
FURTHER INFORMATION CONTACT), or
visiting the internet at: https://
www.NOAA Fisheries.noaa.gov/pr/
permits/incidental.html. Documents
cited in this notice may also be
SUMMARY:
E:\FR\FM\12DEN1.SGM
12DEN1
Agencies
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89434-89436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29710]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-838]
Seamless Refined Copper Pipe and Tube From Mexico: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2014-2015
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. The review covers three producers/
exporters of the subject merchandise, GD Affiliates S. de R.L. de C.V.
(Golden Dragon), Nacional de Cobre, S.A. de C.V. (Nacobre), and IUSA,
S.A. de C.V. (IUSA). The period of review (POR) is November 1, 2014,
through October 31, 2015. 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 December 12, 2016.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or George Ayache, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-5973 or (202)
482-2623, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the Order \1\ 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.\2\
---------------------------------------------------------------------------
\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) (the Order).
\2\ 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; 2014-2015,'' dated concurrently with and
hereby adopted by this notice (Preliminary Decision Memorandum), 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. 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). ACCESS is available to
registered users at https://access.trade.gov and it is available to all
parties in the Central Records Unit, room B0824 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 Preliminary Decision
Memorandum and the electronic version of the Preliminary Decision
Memorandum are identical in content. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as the Appendix to this
notice.
Preliminary Determination of No Shipments
Among the companies under review, IUSA properly filed a statement
reporting that it made no shipments of subject merchandise to the
United States during the POR.\3\ Because U.S. Customs and Border
Protection (CBP) did not provide any information contradicting IUSA's
claim to have made no shipments, the Department
[[Page 89435]]
preliminarily determines that IUSA did not have any reviewable
transactions during the POR. Consistent with our practice, we are not
preliminarily rescinding the review with respect to IUSA but, rather,
we will complete the review with respect to this company and issue
appropriate instructions to CBP based on the final results of this
review.\4\
---------------------------------------------------------------------------
\3\ For a full explanation of the Department's analysis, see the
Preliminary Decision Memorandum.
\4\ See e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at
51306 (August 28, 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 \5\......................... 1.93
Nacional de Cobre, S.A. de C.V.............................. 6.50
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\6\ Interested
parties may submit case briefs to the Department no 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 no later than five
days after the time limit for filing case briefs.\7\ 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.\8\ Case and
rebuttal briefs should be filed using ACCESS.\9\
---------------------------------------------------------------------------
\5\ The Department previously treated GD Affiliates S. de R.L.
de C.V. as part of a single entity including: GD Copper Cooperatief
U.A./Hong Kong GD Trading Co. Ltd./Golden Dragon Holding (Hong Kong)
International, Ltd./GD Copper U.S.A. Inc./GD Affiliates Servicios S.
de R.L. de C.V./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.
\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(d).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing 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.\10\ 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.\11\
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\10\ See 19 CFR 351.310(c).
\11\ Id.
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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 CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\12\ 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.
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\12\ See 19 CFR 351.212(b).
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In accordance with the Department's ``automatic assessment''
practice, for 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, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediary involved in the transaction.\13\ Further, if we continue
to find in the final results that IUSA had no shipments of subject
merchandise during the POR, we will instruct CBP to liquidate any
suspended entries that entered under its antidumping duty case number
at the all-others rate.
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\13\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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
[[Page 89436]]
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 5, 2016.
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. Preliminary Determination of No Shipments
5. 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
6. Recommendation
[FR Doc. 2016-29710 Filed 12-9-16; 8:45 am]
BILLING CODE 3510-DS-P