81_FR_89672 81 FR 89434 - Seamless Refined Copper Pipe and Tube From Mexico: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2015

81 FR 89434 - Seamless Refined Copper Pipe and Tube From Mexico: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 238 (December 12, 2016)

Page Range89434-89436
FR Document2016-29710

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.

Federal Register, Volume 81 Issue 238 (Monday, December 12, 2016)
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89434-89436]
From the Federal Register Online  [www.thefederalregister.org]
[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 http://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 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. 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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
    \11\ 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 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.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \13\ 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

[[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



                                                  89434                      Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices

                                                  Use: The instrument will be used for                    Commissioner of Customs: November 4,                  7411.10.1090, and also may enter under
                                                  research including studies of the                       2016.                                                 HTSUS subheadings 7407.10.1500,
                                                  morphology, grain structure and defect                    Dated: December 5, 2016.                            7419.99.5050, 8415.90.8065, and
                                                  structure in modern structural materials.               Gregory W. Campbell,
                                                                                                                                                                8415.90.8085. The HTSUS subheadings
                                                  Justification for Duty-Free Entry: There                                                                      are provided for convenience and
                                                                                                          Director of Subsidies Enforcement,
                                                  are no instruments of the same general                  Enforcement and Compliance.
                                                                                                                                                                customs purposes only; the written
                                                  category manufactured in the United                                                                           product description of the scope of the
                                                                                                          [FR Doc. 2016–29614 Filed 12–9–16; 8:45 am]
                                                  States. Application accepted by                                                                               Order is dispositive.2
                                                                                                          BILLING CODE 3510–DS–P
                                                  Commissioner of Customs: October 31,                                                                          Methodology
                                                  2016.
                                                     Docket Number: 16–019. Applicant:                                                                             The Department is conducting this
                                                                                                          DEPARTMENT OF COMMERCE                                review in accordance with section
                                                  University of Nebraska—Lincoln, 1700
                                                  Y St., Lincoln, NE 68588. Instrument:                                                                         751(a)(2) of the Tariff Act of 1930, as
                                                                                                          International Trade Administration
                                                  Electron Microscope. Manufacturer:                                                                            amended (the Act). Constructed export
                                                  Elmitec, Germany. Intended Use: The                     [A–201–838]                                           price is calculated in accordance with
                                                  instrument will be used to research the                                                                       section 772 of the Act. Normal value is
                                                                                                          Seamless Refined Copper Pipe and                      calculated in accordance with section
                                                  synthesis and properties of novel                       Tube From Mexico: Preliminary
                                                  nanomaterials, using the interaction of                                                                       773 of the Act.
                                                                                                          Results of Antidumping Duty                              For a full description of the
                                                  an electron beam with the surface of                    Administrative Review and Preliminary                 methodology underlying our
                                                  materials to image the surface with very                Determination of No Shipments; 2014–                  conclusions, see the Preliminary
                                                  high (nanometer scale) resolution,                      2015                                                  Decision Memorandum. The
                                                  independent of temperature (in the
                                                                                                                                                                Preliminary Decision Memorandum is a
                                                  range from ∼¥100 C to well over 1000                    AGENCY:  Enforcement and Compliance,
                                                                                                          International Trade Administration,                   public document and is on file
                                                  C) and in the presence of different gases
                                                                                                          Department of Commerce.                               electronically via Enforcement and
                                                  and vapors. Justification for Duty-Free                                                                       Compliance’s Antidumping and
                                                  Entry: There are no instruments of the                  SUMMARY: The Department of Commerce
                                                                                                                                                                Countervailing Duty Centralized
                                                  same general category manufactured in                   (the Department) is conducting an                     Electronic Service System (ACCESS).
                                                  the United States. Application accepted                 administrative review of the                          ACCESS is available to registered users
                                                  by Commissioner of Customs: November                    antidumping duty order on seamless                    at http://access.trade.gov and it is
                                                  4, 2016.                                                refined copper pipe and tube from                     available to all parties in the Central
                                                     Docket Number: 16–020. Applicant:                    Mexico. The review covers three                       Records Unit, room B0824 of the main
                                                  Lafayette College, 730 High Street,                     producers/exporters of the subject                    Department of Commerce building. In
                                                  Easton, PA 18042. Instrument: High                      merchandise, GD Affiliates S. de R.L. de              addition, a complete version of the
                                                  Power Q-Switched Diode-Pumped Solid                     C.V. (Golden Dragon), Nacional de                     Preliminary Decision Memorandum can
                                                  State Laser. Manufacturer: EdgeWave                     Cobre, S.A. de C.V. (Nacobre), and                    be accessed directly at http://
                                                  GMBH, Germany. Intended Use: The                        IUSA, S.A. de C.V. (IUSA). The period                 enforcement.trade.gov/frn/index.html.
                                                  instrument will be used to study time-                  of review (POR) is November 1, 2014,                  The signed Preliminary Decision
                                                  dependent finite chemical rate and                      through October 31, 2015. We have                     Memorandum and the electronic
                                                  mixing effects in turbulent combustion                  preliminarily found that sales of subject             version of the Preliminary Decision
                                                  and the investigation of coherent                       merchandise have been made at prices                  Memorandum are identical in content.
                                                  structures in turbulent boundary layers.                below normal value. Interested parties                A list of the topics discussed in the
                                                  The instrument is approximately 10                      are invited to comment on these                       Preliminary Decision Memorandum is
                                                  times more powerful than any other                      preliminary results.                                  attached as the Appendix to this notice.
                                                  high-repetition diode-pumped solid                      DATES: Effective December 12, 2016.
                                                  state available from a U.S. manufacturer.                                                                     Preliminary Determination of No
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  Techniques to be performed include                                                                            Shipments
                                                                                                          Dennis McClure or George Ayache, AD/
                                                  Planar Laser Induced Fluorescence                       CVD Operations, Office VIII,                            Among the companies under review,
                                                  imaging, exploiting the high-repetition                 Enforcement and Compliance,                           IUSA properly filed a statement
                                                  rate and tenability features of the                     International Trade Administration,                   reporting that it made no shipments of
                                                  instrument. Justification for Duty-Free                 U.S. Department of Commerce, 1401                     subject merchandise to the United
                                                  Entry: There are no instruments of the                  Constitution Avenue NW., Washington,                  States during the POR.3 Because U.S.
                                                  same general category manufactured in                   DC 20230; telephone: (202) 482–5973 or                Customs and Border Protection (CBP)
                                                  the United States. Application accepted                 (202) 482–2623, respectively.                         did not provide any information
                                                  by Commissioner of Customs: November                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                                contradicting IUSA’s claim to have
                                                  4, 2016.                                                                                                      made no shipments, the Department
                                                     Docket Number: 16–022. Applicant:                    Scope of the Order
                                                                                                                                                                  2 See Memorandum from Christian Marsh, Deputy
                                                  Regents of the University of Colorado,                    The merchandise subject to the
                                                                                                                                                                Assistant Secretary for Antidumping and
                                                  1800 Grant St., Denver, CO 80203.                       Order 1 is seamless refined copper pipe               Countervailing Duty Operations, to Paul Piquado,
                                                  Instrument: Electron Microscope.                        and tube. The product is currently                    Assistant Secretary for Enforcement and
                                                  Manufacturer: FEI Company, Brno                         classified under the Harmonized Tariff                Compliance, entitled ‘‘Seamless Refined Copper
                                                  Czech Republic. Intended Use: The                       Schedule of the United States (HTSUS)                 Pipe and Tube from Mexico: Decision
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                Memorandum for Preliminary Results of
                                                  instrument will be used to research the                 subheadings 7411.10.1030 and                          Antidumping Duty Administrative Review; 2014–
                                                  structural basis for macromolecular                                                                           2015,’’ dated concurrently with and hereby adopted
                                                  function in both healthy and diseased                     1 See Seamless Refined Copper Pipe and Tube         by this notice (Preliminary Decision Memorandum),
                                                  cells. Justification for Duty-Free Entry:               from Mexico and the People’s Republic of China:       for a complete description of the Scope of the
                                                                                                          Antidumping Duty Orders and Amended Final             Order.
                                                  There are no instruments of the same                    Determination of Sales at Less Than Fair Value          3 For a full explanation of the Department’s
                                                  general category manufactured in the                    from Mexico, 75 FR 71070 (November 22, 2010) (the     analysis, see the Preliminary Decision
                                                  United States. Application accepted by                  Order).                                               Memorandum.



                                             VerDate Sep<11>2014   18:59 Dec 09, 2016   Jkt 241001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\12DEN1.SGM   12DEN1


                                                                             Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices                                                         89435

                                                  preliminarily determines that IUSA did                       Pursuant to 19 CFR 351.310(c),                       and Nacobre for which they did not
                                                  not have any reviewable transactions                      interested parties who wish to request a                know their merchandise was destined
                                                  during the POR. Consistent with our                       hearing must submit a written request to                for the United States, we will instruct
                                                  practice, we are not preliminarily                        the Assistant Secretary for Enforcement                 CBP to liquidate unreviewed entries at
                                                  rescinding the review with respect to                     and Compliance, filed electronically via                the all-others rate if there is no rate for
                                                  IUSA but, rather, we will complete the                    ACCESS. An electronically-filed                         the intermediary involved in the
                                                  review with respect to this company                       document must be received successfully                  transaction.13 Further, if we continue to
                                                  and issue appropriate instructions to                     in its entirety by ACCESS by 5 p.m.                     find in the final results that IUSA had
                                                  CBP based on the final results of this                    Eastern Standard Time within 30 days                    no shipments of subject merchandise
                                                  review.4                                                  after the date of publication of this                   during the POR, we will instruct CBP to
                                                                                                            notice.10 Hearing requests should                       liquidate any suspended entries that
                                                  Preliminary Results of Review                             contain: (1) The party’s name, address,                 entered under its antidumping duty case
                                                    The Department preliminarily                            and telephone number; (2) the number                    number at the all-others rate.
                                                  determines that the following weighted-                   of participants; and (3) a list of issues to               We intend to issue instructions to
                                                  average dumping margins exist:                            be discussed. Issues raised in the                      CBP 41 days after the publication date
                                                                                                            hearing will be limited to issues raised                of the final results of this review.
                                                                                           Weighted-        in the briefs. If a request for a hearing
                                                                                            average         is made, parties will be notified of the                Cash Deposit Requirements
                                                          Producer/exporter                dumping
                                                                                             margin         time and date for the hearing to be held                  The following deposit requirements
                                                                                           (percent)        at the U.S. Department of Commerce,                     will be effective upon publication of the
                                                                                                            14th Street and Constitution Avenue                     notice of final results of administrative
                                                  GD Affiliates S. de R.L. de C.V 5                  1.93   NW., Washington, DC 20230.11                            review for all shipments of seamless
                                                  Nacional de Cobre, S.A. de C.V                     6.50      The Department intends to issue the                  refined copper pipe and tube from
                                                                                                            final results of this administrative                    Mexico entered, or withdrawn from
                                                  Disclosure and Public Comment                             review, including the results of its                    warehouse, for consumption on or after
                                                     The Department intends to disclose                     analysis of the issues raised in any                    the date of publication as provided by
                                                  the calculations performed in                             written briefs, no later than 120 days                  section 751(a)(2) of the Act: (1) The cash
                                                  connection with these preliminary                         after the date of publication of this                   deposit rates for Golden Dragon and
                                                  results to interested parties within five                 notice, pursuant to section 751(a)(3)(A)                Nacobre will be equal to the weighted-
                                                  days after the date of publication of this                of the Act and 19 CFR 351.213(h),                       average dumping margins established in
                                                  notice.6 Interested parties may submit                    unless this deadline is extended.                       the final results of this administrative
                                                  case briefs to the Department no later                    Assessment Rates                                        review; (2) for merchandise exported by
                                                  than 30 days after the date of                                                                                    manufacturers or exporters not covered
                                                  publication of this notice. Rebuttal                         Upon issuance of the final results, the              in this review but covered in a prior
                                                  briefs, limited to issues raised in the                   Department shall determine, and CBP                     segment of the proceeding, the cash
                                                  case briefs, may be filed no later than                   shall assess, antidumping duties on all                 deposit rate will continue to be the
                                                  five days after the time limit for filing                 appropriate entries covered by this                     company-specific rate published for the
                                                  case briefs.7 Parties who submit case                     review.12 Golden Dragon and Nacobre                     most recently-completed segment; (3) if
                                                  briefs or rebuttal briefs in this                         reported the names of the importers of                  the exporter is not a firm covered in this
                                                  proceeding are encouraged to submit                       record and the entered value for all of                 review, a prior review, or the original
                                                  with each argument: (1) A statement of                    their sales to the United States during                 investigation but the manufacturer is,
                                                  the issue; (2) a brief summary of the                     the POR. If Golden Dragon’s and                         the cash deposit rate will be the rate
                                                  argument; and (3) a table of authorities.8                Nacobre’s weighted-average dumping                      established for the most recently-
                                                  Case and rebuttal briefs should be filed                  margins are not zero or de minimis (i.e.,               completed segment for the manufacturer
                                                  using ACCESS.9                                            less than 0.50 percent) in the final                    of the merchandise; (4) the cash deposit
                                                                                                            results of this review, we will calculate               rate for all other manufacturers or
                                                     4 See e.g., Certain Frozen Warmwater Shrimp            importer-specific assessment rates on                   exporters will continue to be 26.03
                                                  from Thailand; Preliminary Results of Antidumping         the basis of the ratio of the total amount              percent, the all-others rate established
                                                  Duty Administrative Review, Partial Rescission of         of dumping calculated for the importer’s                in the Order. These cash deposit
                                                  Review, Preliminary Determination of No                   examined sales and the total entered
                                                  Shipments; 2012–2013, 79 FR 15951, 15952 (March                                                                   requirements, when imposed, shall
                                                  24, 2014), unchanged in Certain Frozen Warmwater
                                                                                                            value of those sales in accordance with                 remain in effect until further notice.
                                                  Shrimp from Thailand: Final Results of                    19 CFR 351.212(b)(1), and we will
                                                  Antidumping Duty Administrative Review, Final             instruct CBP to assess antidumping                      Notification to Importers
                                                  Determination of No Shipments, and Partial                duties on all appropriate entries covered
                                                  Rescission of Review; 2012–2013, 79 FR at 51306                                                                     This notice also serves as a
                                                  (August 28, 2014).
                                                                                                            by this review. Where either the                        preliminary reminder to importers of
                                                     5 The Department previously treated GD Affiliates      respondent’s weighted-average dumping                   their responsibility under 19 CFR
                                                  S. de R.L. de C.V. as part of a single entity             margin is zero or de minimis, or an                     351.402(f)(2) to file a certificate
                                                  including: GD Copper Cooperatief U.A./Hong Kong           importer-specific assessment rate is zero               regarding the reimbursement of
                                                  GD Trading Co. Ltd./Golden Dragon Holding (Hong           or de minimis, we will instruct CBP to
                                                  Kong) International, Ltd./GD Copper U.S.A. Inc./GD                                                                antidumping duties prior to liquidation
                                                  Affiliates Servicios S. de R.L. de C.V./GD Affiliates     liquidate the appropriate entries                       of the relevant entries during this
                                                  S. de R.L. de C.V., which is collectively referred to     without regard to antidumping duties.                   review period. Failure to comply with
mstockstill on DSK3G9T082PROD with NOTICES




                                                  as Golden Dragon. See, e.g., Seamless Refined                In accordance with the Department’s                  this requirement could result in the
                                                  Copper Pipe and Tube from Mexico: Final Results           ‘‘automatic assessment’’ practice, for
                                                  of Antidumping Duty New Shipper Review, 77 FR                                                                     Secretary’s presumption that
                                                  59178 (September 26, 2012), and accompanying              entries of subject merchandise during                   reimbursement of antidumping duties
                                                  Issues and Decision Memorandum.                           the POR produced by Golden Dragon
                                                     6 See 19 CFR 351.224(b).
                                                                                                                                                                      13 For a full discussion of this clarification, see
                                                     7 See 19 CFR 351.309(d).                                10 See   19 CFR 351.310(c).                            Antidumping and Countervailing Duty Proceedings:
                                                     8 See 19 CFR 351.309(c)(2) and (d)(2).                  11 Id.
                                                                                                                                                                    Assessment of Antidumping Duties, 68 FR 23954
                                                     9 See 19 CFR 351.303.                                   12 See   19 CFR 351.212(b).                            (May 6, 2003).



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                                                  89436                      Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices

                                                  occurred and the subsequent assessment                  482–7890; email: Victoria.Gunderson@                  Victoria Gunderson, Designated Federal
                                                  of double antidumping duties.                           trade.gov.                                            Officer, Office of Energy and
                                                    We are issuing and publishing these                   SUPPLEMENTARY INFORMATION:                            Environmental Industries, U.S.
                                                  results in accordance with sections                       Background: The Secretary of                        Department of Commerce; 1401
                                                  751(a)(1) and 777(i)(1) of the Act, and 19              Commerce established the REEEAC                       Constitution Avenue NW.; Mail Stop:
                                                  CFR 351.213(h) and 351.221(b)(4).                       pursuant to discretionary authority and               4053; Washington, DC 20230. To be
                                                    Dated: December 5, 2016.                              in accordance with the Federal                        considered during the meeting, written
                                                                                                          Advisory Committee Act, as amended (5                 comments must be received no later
                                                  Paul Piquado,
                                                                                                          U.S.C. App.), on July 14, 2010. The                   than 5:00 p.m. EST on Tuesday,
                                                  Assistant Secretary, for Enforcement and
                                                                                                          REEEAC was re-chartered on June 18,                   December 20, 2016, to ensure
                                                  Compliance.
                                                                                                          2012, June 12, 2014, and June 9, 2016.                transmission to the Committee prior to
                                                  Appendix                                                The REEEAC provides the Secretary of                  the meeting. Comments received after
                                                  List of Topics Discussed in the Preliminary             Commerce with consensus advice from                   that date will be distributed to the
                                                  Decision Memorandum                                     the private sector on the development                 members but may not be considered at
                                                                                                          and administration of programs and                    the meeting.
                                                  1. Summary
                                                                                                          policies to enhance the export                           Copies of REEEAC meeting minutes
                                                  2. Background
                                                  3. Scope of the Order                                   competitiveness of the U.S. renewable                 will be available within 30 days
                                                  4. Preliminary Determination of No                      energy and energy efficiency industries.              following the meeting.
                                                        Shipments                                           During the December 22 conference                     Dated: December 6, 2016.
                                                  5. Discussion of the Methodology                        call of the REEEAC, committee members                 Edward A. O’Malley,
                                                     i. Normal Value Comparisons
                                                                                                          will recommend/approve the Sub-                       Director, Office of Energy and Environmental
                                                     ii. Determination of Comparison Method
                                                     iii. Product Comparisons                             Committee structure, select their                     Industries.
                                                     iv. Date of Sale                                     recommendations for Sub-Committee                     [FR Doc. 2016–29701 Filed 12–9–16; 8:45 am]
                                                     v. Constructed Export Price                          leadership, and potentially approve                   BILLING CODE 3510–DR–P
                                                     vi. Normal Value                                     recommendations and/or a letter for
                                                     vii. Currency Conversion                             input to the Secretary of Commerce.
                                                  6. Recommendation                                         The meeting will be open to the                     DEPARTMENT OF COMMERCE
                                                  [FR Doc. 2016–29710 Filed 12–9–16; 8:45 am]             public and will be accessible to people
                                                  BILLING CODE 3510–DS–P                                  with disabilities. All guests are required            National Oceanic and Atmospheric
                                                                                                          to register in advance by the deadline                Administration
                                                                                                          identified under the DATES caption.                   RIN 0648–XE395
                                                  DEPARTMENT OF COMMERCE                                  Requests for auxiliary aids must be
                                                                                                          submitted by the registration deadline.               Takes of Marine Mammals Incidental to
                                                  International Trade Administration                      Last minute requests will be accepted,                Specified Activities; Taking Marine
                                                                                                          but may not be possible to fill.                      Mammals Incidental to Port of Kalama
                                                  Renewable Energy and Energy                               A limited amount of time before the                 Expansion Project on the Lower
                                                  Efficiency Advisory Committee;                          close of the meeting will be available for            Columbia River
                                                  Meeting                                                 pertinent oral comments from members
                                                                                                          of the public attending the meeting. To               AGENCY:  National Marine Fisheries
                                                  AGENCY: International Trade                                                                                   Service (NMFS), National Oceanic and
                                                  Administration, U.S. Department of                      accommodate as many speakers as
                                                                                                          possible, the time for public comments                Atmospheric Administration (NOAA),
                                                  Commerce.                                                                                                     Commerce.
                                                                                                          will be limited to two to five minutes
                                                  ACTION: Notice of an open meeting.                      per person (depending on the number of                ACTION: Notice; issuance of an Incidental
                                                                                                          public participants). Individuals                     Harassment Authorization (IHA).
                                                  SUMMARY:   The Renewable Energy and
                                                  Energy Efficiency Advisory Committee                    wishing to reserve speaking time during
                                                                                                                                                                SUMMARY:   In accordance with the
                                                  (REEEAC) will hold a conference call on                 the meeting must contact Ms.
                                                                                                                                                                Marine Mammal Protection Act
                                                  Thursday, December 22, 2016 at 11:00                    Gunderson and submit a brief statement
                                                                                                                                                                (MMPA), notification is hereby given
                                                  a.m. The conference call is open to the                 of the general nature of the comments,
                                                                                                                                                                that NMFS has issued an IHA to the Port
                                                  public with registration instructions                   as well as the name and address of the
                                                                                                                                                                of Kalama (POK) for an IHA to take
                                                  provided below.                                         proposed participant by 5:00 p.m. EST
                                                                                                                                                                small numbers of marine mammals, by
                                                                                                          on Tuesday, December 20, 2016. If the
                                                  DATES: December 22, 2016, from                                                                                Level B harassment, incidental to in-
                                                                                                          number of registrants requesting to
                                                  approximately 11:00 a.m. to 12:00 p.m.                                                                        water construction activities associated
                                                                                                          make statements is greater than can be
                                                  Eastern Standard Time (EST). Members                                                                          with the Port of Kalama Expansion
                                                                                                          reasonably accommodated during the
                                                  of the public wishing to participate                                                                          Project.
                                                                                                          meeting, the International Trade
                                                  must register in advance with Victoria                  Administration may conduct a lottery to               DATES: Effective September 1, 2017,
                                                  Gunderson at the contact information                    determine the speakers. Speakers are                  through August 31, 2018.
                                                  below by 5:00 p.m. EST on Tuesday,                      requested to submit a copy of their oral              ADDRESSES: An electronic copy of the
                                                  December 20, 2016, including any                        comments by email to Ms. Gunderson                    final Authorization, POK’s application
                                                  requests to make comments during the                    for distribution to the participants in               and the environmental assessment (EA)
                                                  meeting or for accommodations or                        advance of the meeting.                               may be obtained by writing to the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  auxiliary aids.                                           Any member of the public may                        address specified below, telephoning
                                                  FOR FURTHER INFORMATION CONTACT:                        submit pertinent written comments                     the contact listed below (see FOR
                                                  Victoria Gunderson, Designated Federal                  concerning the REEEAC’s affairs at any                FURTHER INFORMATION CONTACT), or
                                                  Officer, Office of Energy and                           time before or after the meeting.                     visiting the internet at: http://
                                                  Environmental Industries (OEEI),                        Comments may be submitted to the                      www.NOAA Fisheries.noaa.gov/pr/
                                                  International Trade Administration,                     Renewable Energy and Energy                           permits/incidental.html. Documents
                                                  U.S. Department of Commerce at (202)                    Efficiency Advisory Committee, c/o:                   cited in this notice may also be


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Document Created: 2018-02-14 09:05:26
Document Modified: 2018-02-14 09:05:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective December 12, 2016.
ContactDennis 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.
FR Citation81 FR 89434 

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