82 FR 11178 - Seamless Refined Copper Pipe and Tube From Mexico: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 33 (February 21, 2017)
International Trade Administration
Federal Register Volume 82, Issue 33 (February 21, 2017)
| Page Range | 11178-11179 | |
| FR Document | 2017-03338 |
[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)] [Notices] [Pages 11178-11179] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-03338] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-201-838] Seamless Refined Copper Pipe and Tube From Mexico: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: On December 12, 2016, the Department of Commerce (the Department) published the preliminary results of the 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. No interested party submitted comments on the preliminary results. The final results do not differ from the preliminary results. DATES: Effective February 21, 2017. 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: Background This review covers three producers/exporters of the subject merchandise, Golden Dragon,\1\ Nacobre, and IUSA. On December 12, 2016, the Department published in the Federal Register the preliminary results of administrative review of the antidumping duty order on seamless refined copper pipe and tube from Mexico.\2\ --------------------------------------------------------------------------- \1\ The Department previously treated GD Affiliates S. de R.L. de C.V. as part of a single entity including: (1) GD Copper Cooperatief U.A.; (2) Hong Kong GD Trading Co. Ltd.; (3) Golden Dragon Holding (Hong Kong) International, Ltd.; (4) GD Copper U.S.A. Inc.; (5) GD Affiliates Servicios S. de R.L. de C.V.; and (6) GD Affiliates S. de R.L. de C.V., which is collectively referred to as Golden Dragon. See, e.g., Seamless Refined Copper Pipe and Tube from Mexico: Final Results of Antidumping Duty New Shipper Review, 77 FR 59178 (September 26, 2012), and accompanying Issues and Decision Memorandum. \2\ See Seamless Refined Copper Pipe and Tube from Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2014- 2015, 81 FR 89434 (December 12, 2016) (Preliminary Results), and accompanying Preliminary Decision Memorandum. --------------------------------------------------------------------------- We invited parties to comment on the Preliminary Results. No interested party submitted comments. As a result, the final results do not differ from the Preliminary Results. We continue to find that sales of subject merchandise by Golden Dragon and Nacobre were made at prices less than normal value during the POR. We continue to find that IUSA had no shipments of subject merchandise during the POR. The Department conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order 3 --------------------------------------------------------------------------- \3\ See Seamless Refined Copper Pipe and Tube from Mexico and the People's Republic of China: Antidumping Duty Orders and Amended Final Determination of Sales at Less Than Fair Value From Mexico, 75 FR 71070 (November 22, 2010) (Amended Final and Order). --------------------------------------------------------------------------- The merchandise subject to the order is seamless refined copper pipe and tube. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7411.10.1030 and 7411.10.1090, and also may enter under HTSUS subheadings 7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description, available in the Preliminary Decision Memorandum,\4\ remains dispositive. --------------------------------------------------------------------------- \4\ For a complete description of the scope of the order, see the Preliminary Decision Memorandum at 3, which can be accessed directly at http://enforcement.trade.gov/frn/. --------------------------------------------------------------------------- Final Determination of No Shipments As noted in the Preliminary Results, the Department received a claim of no shipments from IUSA. Based on the results of our U.S. Customs and Border Protection (CBP) data query to determine whether there were any entries of subject merchandise during the POR from IUSA, for the final results, the Department continues to find that IUSA did not have any reviewable entries during the POR.\5\ --------------------------------------------------------------------------- \5\ For a full explanation of the Department's analysis, see the Preliminary Decision Memorandum at 4. --------------------------------------------------------------------------- Final Results of the Review The Department determines that the following weighted-average dumping margins exist for entries of subject merchandise that were produced and/or exported by the following companies during the POR: [[Page 11179]] ------------------------------------------------------------------------ Weighted- average Exporter/producer dumping margins (percent) ------------------------------------------------------------------------ GD Affiliates S. de R.L. de C.V............................. 1.93 Nacional de Cobre, S.A. de C.V.............................. 6.50 ------------------------------------------------------------------------ Assessment Rates The Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review.\6\ We intend to instruct CBP to liquidate entries of subject merchandise produced and/or exported by the aforementioned companies. In accordance with the Department's ``automatic assessment'' practice, for entries of subject merchandise during the POR produced by Golden Dragon or Nacobre for which they did not know their merchandise was destined for the United States, we intend to instruct CBP to liquidate unreviewed entries at the all- others rate.\7\ Additionally, because the Department determined that IUSA had no shipments of subject merchandise during the POR, any suspended entries that entered under IUSA's AD case number (i.e., at that exporter's rate) will be liquidated at the all-others rate effective during the period of review.\8\ --------------------------------------------------------------------------- \6\ See section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). \7\ For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). \8\ Id. --------------------------------------------------------------------------- The Department intends to issue assessment instructions to CBP 41 days after the date of publication of these final results of review, pursuant to 19 CFR 356.8(a). Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of these final results for all shipments of seamless refined copper pipe and tube from Mexico entered, or withdrawn from warehouse, for consumption on or after the publication date as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for the reviewed companies will be the rates established in the final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a completed prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment for the manufacturer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 26.03 percent, the all-others rate established in the Amended Final and Order. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order In accordance with 19 CFR 351.305(a)(3), this notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction. Notification to Interested Parties We intend to issue and publish 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)(5). Dated: February 14, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-03338 Filed 2-17-17; 8:45 am] BILLING CODE 3510-DS-P
![11178 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Notices
affect the level of export controls DEPARTMENT OF COMMERCE We invited parties to comment on the
applicable to materials and related Preliminary Results. No interested party
technology. International Trade Administration submitted comments. As a result, the
Agenda [A–201–838] final results do not differ from the
Preliminary Results. We continue to
Open Session Seamless Refined Copper Pipe and find that sales of subject merchandise by
1. Opening remarks and introductions Tube From Mexico: Final Results of Golden Dragon and Nacobre were made
by the Bureau of Industry and Security Antidumping Duty Administrative at prices less than normal value during
Senior Management. Review and Final Determination of No the POR. We continue to find that IUSA
Shipments; 2014–2015 had no shipments of subject
2. A discussion with industry on
merchandise during the POR. The
current illicit procurement trends AGENCY: Enforcement and Compliance,
Department conducted this
related to the carbon fiber production International Trade Administration,
process and associated commodities by administrative review in accordance
Commerce.
Michael Burnett from Export with section 751(a) of the Tariff Act of
SUMMARY: On December 12, 2016, the 1930, as amended (the Act).
Enforcement. Department of Commerce (the
3. Regime and working group Department) published the preliminary Scope of the Order 3
discussions. results of the administrative review of
4. Public Comments/New Business/ the antidumping duty order on seamless The merchandise subject to the order
Closed session. refined copper pipe and tube from is seamless refined copper pipe and
Mexico. The review covers three tube. The product is currently classified
Closed Session under the Harmonized Tariff Schedule
producers/exporters of the subject
5. Discussion of matters determined to merchandise, GD Affiliates S. de R.L. de of the United States (HTSUS)
be exempt from the provisions relating C.V. (Golden Dragon), Nacional de subheadings 7411.10.1030 and
to public meetings found in 5 U.S.C. Cobre, S.A. de C.V. (Nacobre), and 7411.10.1090, and also may enter under
app. 2 §§ 10(a)(1) and 10(a)(3). IUSA, S.A. de C.V. (IUSA). The period HTSUS subheadings 7407.10.1500,
The open session will be accessible of review (POR) is November 1, 2014, 7419.99.5050, 8415.90.8065, and
via teleconference to 20 participants on through October 31, 2015. No interested 8415.90.8085. Although the HTSUS
a first come, first serve basis. To join the party submitted comments on the numbers are provided for convenience
conference, submit inquiries to Ms. preliminary results. The final results do and customs purposes, the written
Yvette Springer at Yvette.Springer@ not differ from the preliminary results. product description, available in the
bis.doc.gov, no later than March 2, 2017. DATES: Effective February 21, 2017. Preliminary Decision Memorandum,4
A limited number of seats will be remains dispositive.
FOR FURTHER INFORMATION CONTACT:
available during the public session of Dennis McClure or George Ayache, AD/ Final Determination of No Shipments
the meeting. Reservations are not CVD Operations, Office VIII,
accepted. To the extent time permits, Enforcement and Compliance, As noted in the Preliminary Results,
members of the public may present oral International Trade Administration, the Department received a claim of no
statements to the Committee. Written U.S. Department of Commerce, 1401 shipments from IUSA. Based on the
statements may be submitted at any Constitution Avenue NW., Washington, results of our U.S. Customs and Border
time before or after the meeting. DC 20230; telephone: (202) 482–5973 or Protection (CBP) data query to
However, to facilitate distribution of (202) 482–2623, respectively. determine whether there were any
public presentation materials to SUPPLEMENTARY INFORMATION: entries of subject merchandise during
Committee members, the materials the POR from IUSA, for the final results,
should be forwarded prior to the Background the Department continues to find that
meeting to Ms. Springer via email. This review covers three producers/ IUSA did not have any reviewable
The Assistant Secretary for exporters of the subject merchandise, entries during the POR.5
Administration, with the concurrence of Golden Dragon,1 Nacobre, and IUSA. On Final Results of the Review
the delegate of the General Counsel, December 12, 2016, the Department
formally determined on February 15, published in the Federal Register the The Department determines that the
2017, pursuant to Section 10(d) of the preliminary results of administrative following weighted-average dumping
Federal Advisory Committee Act, as review of the antidumping duty order margins exist for entries of subject
amended (5 U.S.C. app. 2 § 10(d)), that on seamless refined copper pipe and merchandise that were produced and/or
the portion of the meeting dealing with tube from Mexico.2 exported by the following companies
pre-decisional changes to the Commerce during the POR:
Control List and the U.S. export control 1 The Department previously treated GD Affiliates
policies shall be exempt from the S. de R.L. de C.V. as part of a single entity
including: (1) GD Copper Cooperatief U.A.; (2) Hong and accompanying Preliminary Decision
provisions relating to public meetings Kong GD Trading Co. Ltd.; (3) Golden Dragon Memorandum.
found in 5 U.S.C. app. 2 § § 10(a)(1) and Holding (Hong Kong) International, Ltd.; (4) GD 3 See Seamless Refined Copper Pipe and Tube
10(a)(3). The remaining portions of the Copper U.S.A. Inc.; (5) GD Affiliates Servicios S. de from Mexico and the People’s Republic of China:
R.L. de C.V.; and (6) GD Affiliates S. de R.L. de C.V., Antidumping Duty Orders and Amended Final
meeting will be open to the public. Determination of Sales at Less Than Fair Value
which is collectively referred to as Golden Dragon.
sradovich on DSK3GMQ082PROD with NOTICES
For more information, call Yvette See, e.g., Seamless Refined Copper Pipe and Tube From Mexico, 75 FR 71070 (November 22, 2010)
Springer at (202) 482–2813. from Mexico: Final Results of Antidumping Duty (Amended Final and Order).
New Shipper Review, 77 FR 59178 (September 26, 4 For a complete description of the scope of the
Dated: February 15,2017. 2012), and accompanying Issues and Decision order, see the Preliminary Decision Memorandum
Yvette Springer, Memorandum. at 3, which can be accessed directly at http://
Committee Liaison Officer. 2 See Seamless Refined Copper Pipe and Tube enforcement.trade.gov/frn/.
from Mexico: Preliminary Results of Antidumping 5 For a full explanation of the Department’s
[FR Doc. 2017–03374 Filed 2–17–17; 8:45 am] Duty Administrative Review; 2014–2015, 81 FR analysis, see the Preliminary Decision
BILLING CODE 3510–JT–P 89434 (December 12, 2016) (Preliminary Results), Memorandum at 4.
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![Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Notices 11179
review, a prior review, or the original
Weighted- DEPARTMENT OF COMMERCE
investigation but the manufacturer is,
average
Exporter/producer dumping
the cash deposit rate will be the rate National Oceanic and Atmospheric
margins Administration
established for the most recently
(percent)
completed segment for the manufacturer RIN 0648–XF149
GD Affiliates S. de R.L. de C.V. 1.93 of the merchandise; (4) the cash deposit
Nacional de Cobre, S.A. de C.V. 6.50 rate for all other manufacturers or Marine Mammals; File No. 20465
exporters will continue to be 26.03 AGENCY: National Marine Fisheries
Assessment Rates percent, the all-others rate established Service (NMFS), National Oceanic and
The Department shall determine, and in the Amended Final and Order. These Atmospheric Administration (NOAA),
CBP shall assess, antidumping duties on cash deposit requirements, when Commerce.
all appropriate entries of subject imposed, shall remain in effect until ACTION: Notice; receipt of application.
merchandise in accordance with the further notice.
final results of this review.6 We intend SUMMARY: Notice is hereby given that
to instruct CBP to liquidate entries of Notification to Importers
the NMFS Alaska Fisheries Science
subject merchandise produced and/or This notice also serves as a final Center (AFSC) Marine Mammal
exported by the aforementioned reminder to importers of their Laboratory, 7600 Sand Point Way NE.,
companies. In accordance with the responsibility under 19 CFR Seattle, WA 98115–6349 (Responsible
Department’s ‘‘automatic assessment’’ Party: Dr. John Bengtson), has applied in
351.402(f)(2) to file a certificate
practice, for entries of subject due form for a permit to conduct
regarding the reimbursement of
merchandise during the POR produced research on 21 species of marine
by Golden Dragon or Nacobre for which antidumping duties prior to liquidation mammals.
they did not know their merchandise of the relevant entries during this POR.
Failure to comply with this requirement DATES: Written, telefaxed, or email
was destined for the United States, we
could result in the Department’s comments must be received on or before
intend to instruct CBP to liquidate
presumption that reimbursement of March 23, 2017.
unreviewed entries at the all-others
antidumping duties has occurred and ADDRESSES: The application and related
rate.7 Additionally, because the
Department determined that IUSA had the subsequent assessment of double documents are available for review by
no shipments of subject merchandise antidumping duties. selecting ‘‘Records Open for Public
during the POR, any suspended entries Comment’’ from the ‘‘Features’’ box on
Administrative Protective Order the Applications and Permits for
that entered under IUSA’s AD case
number (i.e., at that exporter’s rate) will Protected Species (APPS) home page,
In accordance with 19 CFR
be liquidated at the all-others rate https://apps.nmfs.noaa.gov, and then
351.305(a)(3), this notice also serves as selecting File No. 20465 from the list of
effective during the period of review.8 a reminder to parties subject to
The Department intends to issue available applications.
administrative protective order (APO) of These documents are also available
assessment instructions to CBP 41 days their responsibility concerning the
after the date of publication of these upon written request or by appointment
return or destruction of proprietary in the Permits and Conservation
final results of review, pursuant to 19
information disclosed under the APO, Division, Office of Protected Resources,
CFR 356.8(a).
which continues to govern business NMFS, 1315 East-West Highway, Room
Cash Deposit Requirements proprietary information in this segment 13705, Silver Spring, MD 20910; phone
The following deposit requirements of the proceeding. Timely written (301) 427–8401; fax (301) 713–0376.
will be effective upon publication of the notification of the return or destruction Written comments on this application
notice of these final results for all of APO materials or conversion to should be submitted to the Chief,
shipments of seamless refined copper judicial protective order is hereby Permits and Conservation Division, at
pipe and tube from Mexico entered, or requested. Failure to comply with the the address listed above. Comments may
withdrawn from warehouse, for regulations and terms of an APO is a also be submitted by facsimile to (301)
consumption on or after the publication violation subject to sanction. 713–0376, or by email to
date as provided by section 751(a)(2) of NMFS.Pr1Comments@noaa.gov. Please
Notification to Interested Parties include the File No. in the subject line
the Act: (1) The cash deposit rate for the
reviewed companies will be the rates of the email comment.
We intend to issue and publish these Those individuals requesting a public
established in the final results of this results in accordance with sections
administrative review; (2) for hearing should submit a written request
751(a)(1) and 777(i)(1) of the Act and 19 to the Chief, Permits and Conservation
merchandise exported by manufacturers CFR 351.213(h) and 351.221(b)(5).
or exporters not covered in this review Division at the address listed above. The
but covered in a completed prior Dated: February 14, 2017. request should set forth the specific
segment of the proceeding, the cash Ronald K. Lorentzen, reasons why a hearing on this
deposit rate will continue to be the Acting Assistant Secretary for Enforcement
application would be appropriate.
company-specific rate published for the and Compliance. FOR FURTHER INFORMATION CONTACT:
most recently completed segment; (3) if [FR Doc. 2017–03338 Filed 2–17–17; 8:45 am] Amy Hapeman or Shasta McClenahan,
the exporter is not a firm covered in this BILLING CODE 3510–DS–P (301) 427–8401.
sradovich on DSK3GMQ082PROD with NOTICES
SUPPLEMENTARY INFORMATION: The
6 See section 751(a)(2)(C) of the Act and 19 CFR subject permit is requested under the
351.212(b). authority of the Marine Mammal
7 For a full discussion of this clarification, see
Protection Act of 1972, as amended
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (MMPA; 16 U.S.C. 1361 et seq.), the
(May 6, 2003). regulations governing the taking and
8 Id. importing of marine mammals (50 CFR
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Document Created: 2018-02-01 15:04:36
Document Modified: 2018-02-01 15:04:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective February 21, 2017. | |
| 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. | |
| FR Citation | 82 FR 11178 |
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