71070 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Notices 

1See Seamless Refined Copper Pipe and Tube 

From Mexico: Final Determination of Sales at Less 

Than Fair Value, 75 FR 60723 (October 1, 2010) 

(‘‘Final Determination of Sales at LTFV from 

Mexico’’); Seamless Refined Copper Pipe and Tube 

From the People’s Republic of China: Final 

Determination of Sales at Less Than Fair Value, 75 

FR 60725 (October 1, 2010). 

2See Seamless Refined Copper Pipe and Tube 

from China and Mexico, Investigation Nos. 731– 

TA–1174–1175 (Final), USITC Publication 4193, 

November 2010; section 735(b)(1)(A)(ii) of the Act. 

3See Final Determination of Sales at LTFV from 

Mexico. 

4See Letter from Nacobre to the Secretary of 

Commerce, ‘‘Seamless Refined Copper Pipe and 

Tube from Mexico: Nacobre’s Comments Regarding 

Ministerial Errors in the Final Determination’’ 

(October 6, 2010). 

can be designated as Usage-Driven so 

long at the site falls within the grantee’s 

service area (i.e., meets the standard 

general-purpose FTZ adjacency 

requirement), has appropriate zoning 

(i.e., can accommodate the types of uses 

ordinarily associated with generalpurpose FTZ activity) and is tied to a 

single operator’s or user’s use. 

Dated: November 16, 2010. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2010–29396 Filed 11–19–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–838, A–570–964] 

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 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the Department of 

Commerce (the ‘‘Department’’) and the 

International Trade Commission (‘‘ITC’’), 

the Department is issuing antidumping 

duty orders on seamless refined copper 

pipe and tube (‘‘copper pipe and tube’’) 

from Mexico and the People’s Republic 

of China (‘‘PRC’’). In addition, the 

Department is amending its final 

determination of sales at less than fair 

value (‘‘LTFV’’) from Mexico as a result 

of a ministerial error. 

DATES: Effective Dates: November 22, 

2010. 

FOR FURTHER INFORMATION CONTACT: Joy 

Zhang (Mexico) or Shawn Higgins 

(PRC), AD/CVD Operations, Offices 3 

and 4, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–1168 or (202) 482–0679, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 1, 2010, the Department 

published its affirmative final 

determinations of sales at LTFV in the 

antidumping duty investigations of 

copper pipe and tube from Mexico and 

the PRC.1

On November 15, 2010, in accordance 

with section 735(d) of the Tariff Act of 

1930, as amended (the ‘‘Act’’), the ITC 

notified the Department of its final 

determination, that an industry in the 

United States is threatened with 

material injury by reason of LTFV 

imports of copper pipe and tube from 

Mexico and the PRC.2

Scope of the Orders 

For the purpose of these orders, the 

products covered are all seamless 

circular refined copper pipes and tubes, 

including redraw hollows, greater than 

or equal to 6 inches (152.4 mm) in 

length and measuring less than 12.130 

inches (308.102 mm) (actual) in outside 

diameter (‘‘OD’’), regardless of wall 

thickness, bore (e.g., smooth, enhanced 

with inner grooves or ridges), 

manufacturing process (e.g., hot 

finished, cold-drawn, annealed), outer 

surface (e.g., plain or enhanced with 

grooves, ridges, fins, or gills), end finish 

(e.g., plain end, swaged end, flared end, 

expanded end, crimped end, threaded), 

coating (e.g., plastic, paint), insulation, 

attachments (e.g., plain, capped, 

plugged, with compression or other 

fitting), or physical configuration (e.g., 

straight, coiled, bent, wound on spools). 

The scope of these orders covers, but 

is not limited to, seamless refined 

copper pipe and tube produced or 

comparable to the American Society for 

Testing and Materials (‘‘ASTM’’) ASTM– 

B42, ASTM–B68, ASTM–B75, ASTM– 

B88, ASTM–B88M, ASTM–B188, 

ASTM–B251, ASTM–B251M, ASTM– 

B280, ASTM–B302, ASTM–B306, 

ASTM–359, ASTM–B743, ASTM–B819, 

and ASTM–B903 specifications and 

meeting the physical parameters 

described therein. Also included within 

the scope of these orders are all sets of 

covered products, including ‘‘line sets’’ 

of seamless refined copper tubes (with 

or without fittings or insulation) 

suitable for connecting an outdoor air 

conditioner or heat pump to an indoor 

evaporator unit. The phrase ‘‘all sets of 

covered products’’ denotes any 

combination of items put up for sale 

that is comprised of merchandise 

subject to the scope. 

‘‘Refined copper’’ is defined as: 

(1) Metal containing at least 99.85 

percent by weight of copper; or (2) metal 

containing at least 97.5 percent by 

weight of copper, provided that the 

content by weight of any other element 

does not exceed the following limits: 

Element 

Limiting 

content 

percent 

by weight 

Ag—Silver ................................. 0 .25 

As—Arsenic .............................. 0 .5 

Cd—Cadmium .......................... 1 .3 

Cr—Chromium .......................... 1 .4 

Mg—Magnesium ....................... 0 .8 

Pb—Lead .................................. 1 .5 

S—Sulfur .................................. 0 .7 

Sn—Tin ..................................... 0 .8 

Te—Tellurium ........................... 0 .8 

Zn—Zinc ................................... 1 .0 

Zr—Zirconium ........................... 0 .3 

Other elements (each) .............. 0 .3 

Excluded from the scope of these 

orders are all seamless circular hollows 

of refined copper less than 12 inches in 

length whose OD (actual) exceeds its 

length. The products subject to these 

orders are currently classifiable under 

subheadings 7411.10.1030 and 

7411.10.1090 of the Harmonized Tariff 

Schedule of the United States 

(‘‘HTSUS’’). Products subject to these 

orders may also enter under HTSUS 

subheadings 7407.10.1500, 

7419.99.5050, 8415.90.8065, and 

8415.90.8085. Although the HTSUS 

subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of these 

orders is dispositive. 

Amendment to the Final Determination 

of Sales at LTFV From Mexico 

On October 1, 2010, the Department 

published its affirmative final 

determination of sales at LTFV of 

copper pipe and tube from Mexico.3 On 

October 6, 2010, Nacional de Cobre, 

S.A. de C.V. (‘‘Nacobre’’), a respondent 

in the investigation, submitted a timely 

ministerial error allegation and 

requested, pursuant to section 735(e) of 

the Act and 19 CFR 351.224(c), that the 

Department correct an alleged 

ministerial error in the dumping margin 

calculations.4 The Department did not 

receive any rebuttal comments. 

After analyzing Nacobre’s allegation, 

the Department determined, in 

accordance with section 735(e) of the 

Act and 19 CFR 351.224(e), that it made 

a ministerial error in its calculations for 

the Final Determination of Sales at 

LTFV from Mexico. Specifically, the 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Notices 71071 

5See Memorandum from Melissa G. Skinner, 

Director, AD/CVD Operations, Office 3, to Ronald 

K. Lorentzen, Deputy Assistant Secretary for Import 

Administration, ‘‘Ministerial Error Allegations in 

the Final Determination of the Antidumping Duty 

Investigation of Seamless Refined Copper Pipe and 

Tube from Mexico’’ (October 18, 2010). 

6Section 736(b)(1) of the Act states that ‘‘{i}f the 

{ITC}, in its final determination under section 

735(b), finds material injury or threat of material 

injury which, but for the suspension of liquidation 

under section 733(d)(2) would have led to a finding 

of material injury, then entries of the subject 

merchandise, the liquidation of which has been 

suspended under section 733(d)(2), shall be subject 

to the imposition of antidumping duties under 

section 731.’’ 

7See Seamless Refined Copper Pipe and Tube 

From Mexico: Notice of Preliminary Determination 

of Sales at Less Than Fair Value and Postponement 

of Final Determination, 75 FR 26726 (May 12, 

2010), as corrected by Seamless Refined Copper 

Pipe and Tube From Mexico: Correction to Notice 

of Preliminary Determination of Sales at Less Than 

Fair Value and Postponement of Final 

Determination, 75 FR 29990 (May 28, 2010); 

Seamless Refined Copper Pipe and Tube from the 

People’s Republic of China: Preliminary 

Determination of Sales at Less Than Fair Value and 

Postponement of Final Determination, 75 FR 26716 

(May 12, 2010). 

Department relied on incorrect 

comparison market (‘‘CM’’) data used for 

the price-to-price comparisons with 

United States sales, calculations of 

profit for constructed export price 

(‘‘CEP’’) sales, and constructed value 

selling expenses. Therefore, the 

Department changed the margin 

program calculations for Nacobre to rely 

on the correct weighted-average CM 

data. Based on the correction of this 

error, Nacobre’s weighted-average 

margin decreased from 31.43 percent to 

27.16 percent. Furthermore, to remain 

consistent with the methodology used to 

calculate the ‘‘all others’’ rate in the 

Final Determination of Sales at LTFV 

from Mexico, the Department calculated 

a simple average of the weightedaverage dumping margins for the 

mandatory respondents to derive a 

revised ‘‘all others’’ rate of 26.03 percent. 

For a detailed discussion of the 

ministerial error alleged by Nacobre, as 

well as the Department’s analysis, see 

the Department’s October 18, 2010, 

ministerial error memorandum.5

Antidumping Duty Orders 

On November 15, 2010, in accordance 

with section 735(d) of the Act, the ITC 

notified the Department of its final 

determination that an industry in the 

United States is threatened with 

material injury within the meaning of 

section 735(b)(1)(A)(ii) of the Act by 

reason of LTFV imports of copper pipe 

and tube from Mexico and the PRC. 

Therefore, in accordance with section 

736(a)(1) of the Act, the Department will 

direct U.S. Customs and Border 

Protection (‘‘CBP’’) to assess, upon 

further advice by the Department, 

antidumping duties equal to the amount 

by which the normal value of the 

merchandise exceeds the export price 

(or CEP) of the merchandise for all 

relevant entries of copper pipe and tube 

from Mexico and the PRC. 

Pursuant to section 736(b)(2) of the 

Act, duties shall be assessed on subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the date of publication of the ITC’s 

notice of final determination if that 

determination is based on the threat of 

material injury, other than threat of 

material injury described in section 

736(b)(1) of the Act.6 In addition, 

section 736(b)(2) of the Act requires CBP 

to release any bond or other security, 

and refund any cash deposit made of 

estimated antidumping duties posted 

since the Department’s preliminary 

antidumping duty determinations.7

Because the ITC’s final determination 

is based on the threat of material injury 

and is not accompanied by a finding 

that injury would have resulted but for 

the imposition of suspension of 

liquidation of entries since the 

Department’s preliminary 

determinations, section 736(b)(2) of the 

Act is applicable. Therefore, the 

Department will instruct CBP to 

terminate the suspension of liquidation 

for entries of copper pipe and tube from 

Mexico and the PRC entered, or 

withdrawn from warehouse, for 

consumption prior to the publication of 

the ITC’s final determination and 

release any bond or other security 

posted and refund any cash deposit of 

estimated antidumping duties made 

between the publication of the 

Department’s preliminary 

determinations on May 12, 2010, and 

the publication of the ITC’s final 

determination. Furthermore, the 

antidumping duties below will be 

assessed on all unliquidated entries of 

copper pipe and tube from Mexico and 

the PRC entered, or withdrawn from 

warehouse, for consumption on or after 

the date of publication of the ITC’s 

notice of final determination of threat of 

material injury in the Federal Register. 

Final Determination Margins 

The margins, as amended where 

appropriate, and cash deposit rates are 

as follows: 

PEOPLE’S REPUBLIC OF CHINA

Exporter Producer 

Weightedaverage 

margin 

(percent) 

Golden Dragon Precise Copper Tube Group, Inc ........................ Golden Dragon Precise Copper Tube Group, Inc ...................... 11.25 

Zhejiang Hailiang Co., Ltd.; Hong Kong Hailiang Metal Trading 

Limited; Shanghai Hailiang Copper Co., Ltd.

Zhejiang Hailiang Co., Ltd.; Shanghai Hailiang Copper Co., Ltd 60.85 

Zhejiang Naile Copper Co., Ltd .................................................... Zhejiang Naile Copper Co., Ltd ................................................... 36.05 

Zhejiang Jiahe Pipes Inc ............................................................... Zhejiang Jiahe Pipes Inc ............................................................. 36.05 

Luvata Tube (Zhongshan) Ltd ....................................................... Luvata Tube (Zhongshan) Ltd ..................................................... 36.05 

Luvata Tube (Zhongshan) Ltd ....................................................... Luvata Alltop (Zhongshan) Ltd .................................................... 36.05 

Luvata Alltop (Zhongshan) Ltd ...................................................... Luvata Alltop (Zhongshan) Ltd .................................................... 36.05 

Ningbo Jintian Copper Tube Co. Ltd ............................................ Ningbo Jintian Copper Tube Co. Ltd .......................................... 36.05 

PRC-Wide Entity ........................................................................... PRC-Wide Entity .......................................................................... 60.85 

Mexico 

IUSA S.A. de C.V .......................................................................... IUSA S.A. de C.V ........................................................................ 24.89 

Nacional de Cobre, S.A. de C.V ................................................... Nacional de Cobre, S.A. de C.V ................................................. 27.16 

All Others ....................................................................................... All Others ..................................................................................... 26.03 


jlentini on DSKJ8SOYB1PROD with NOTICES
71072 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Notices 

On or after the date of publication of 

the ITC’s notice of final determination 

in the Federal Register, CBP must 

require, pursuant to section 736(a)(3) of 

the Act, at the same time as importers 

would normally deposit estimated 

duties on this merchandise, a cash 

deposit equal to the estimated weightedaverage margins listed above. 

This notice constitutes the 

antidumping duty orders with respect to 

copper pipe and tube from Mexico and 

the PRC, pursuant to section 736(a) of 

the Act. Interested parties may contact 

the Department’s Central Records Unit, 

Room 7046 of the main Commerce 

building, for copies of an updated list of 

antidumping duty orders currently in 

effect. 

These antidumping duty orders and 

amended final determination are issued 

and published in accordance with 

sections 736(a), 735(e), and 777(i)(A) of 

the Act and 19 CFR 351.211(b) and 

351.224(e). 

Dated: November 18, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–29528 Filed 11–19–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

[Docket No.: PTO–P–2010–0087] 

Extension of the Patent Application 

Backlog Reduction Stimulus Plan 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Notice. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO) provides a 

basis (the Patent Application Backlog 

Reduction Stimulus Plan) under which 

an applicant may have an application 

accorded special status for examination 

if the applicant expressly abandons 

another copending unexamined 

application. The Patent Application 

Backlog Reduction Stimulus Plan allows 

applicants having multiple applications 

currently pending before the USPTO to 

have greater control over the priority 

with which their applications are 

examined while also stimulating a 

reduction of the backlog of unexamined 

patent applications pending before the 

USPTO. The USPTO is extending the 

Patent Application Backlog Reduction 

Stimulus Plan until December 31, 2011. 

DATES: Effective Date: November 22, 

2010. The Patent Application Backlog 

Reduction Stimulus Plan became 

effective on November 27, 2009, and 

was modified on June 24, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Pinchus M. Laufer, Office of Patent 

Legal Administration, Office of the 

Associate Commissioner for Patent 

Examination Policy, by telephone at 

571–272–7726; or via e-mail addressed 

to Pinchus.Laufer@uspto.gov; or by mail 

addressed to: Box Comments Patents, 

Commissioner for Patents, P.O. Box 

1450, Alexandria, VA 22313–1450. 

SUPPLEMENTARY INFORMATION: The 

USPTO published a notice in the 

Federal Register providing an 

additional temporary basis (the Patent 

Application Backlog Reduction 

Stimulus Plan) under which a small 

entity applicant may have an 

application accorded special status for 

examination if the applicant expressly 

abandons another copending 

unexamined application. See Patent 

Application Backlog Reduction 

Stimulus Plan, 74 FR 62285 (Nov. 27, 

2009), 1349 Off. Gaz. Pat. Off. 304 (Dec. 

22, 2009) (notice). The Patent 

Application Backlog Reduction 

Stimulus Plan allowed small entity 

applicants having multiple applications 

currently pending before the USPTO to 

have greater control over the priority 

with which their applications are 

examined while also stimulating a 

reduction of the backlog of unexamined 

patent applications pending before the 

USPTO. The USPTO indicated that the 

plan would last for a period ending on 

February 28, 2010, but may be extended 

for an additional time period thereafter. 

See Patent Application Backlog 

Reduction Stimulus Plan, 74 FR at 

62287, 1349 Off. Gaz. Pat. Off. at 306. 

The USPTO extended the plan for an 

additional four months to June 30, 2010. 

See Extension of the Patent Application 

Backlog Reduction Stimulus Plan, 75 FR 

5041 (February 1, 2010), 1351 Off. Gaz. 

Pat. Off. 202 (February 23, 2010). 

Subsequently, the USPTO expanded the 

plan to eliminate the small entity 

requirement and further extended its 

duration to expire at the earlier of the 

December 31, 2010 date, or the date that 

10,000 applications have been accorded 

special status under this plan. See 

Expansion and Extension of the Patent 

Application Backlog Reduction 

Stimulus Plan, 75 FR 36063 (June 24, 

2010), 1356 Off. Gaz. Pat. Off. 173 (July 

20, 2010). 

The USPTO is extending the Patent 

Application Backlog Reduction 

Stimulus Plan until December 31, 2011. 

Accordingly, the Patent Application 

Backlog Reduction Stimulus Plan will 

run until 10,000 petitions have been 

granted or until December 31, 2011, 

whichever occurs earlier. The USPTO 

may further extend this plan (on either 

a temporary or permanent basis), or may 

also discontinue the plan after 

December 31, 2011, if 10,000 petitions 

have not been granted, depending upon 

the results of the plan. Information 

concerning the number of petitions that 

have been filed and granted under the 

Patent Application Backlog Reduction 

Stimulus Plan is available on the 

USPTO’s Internet Web site at http:// 

www.uspto.gov/patents/init_events/ 

PatentStimulusPlan.jsp. For a petition 

under 37 CFR 1.102 to be granted under 

the procedure for the Patent Application 

Backlog Reduction Stimulus Plan, the 

petition under 37 CFR 1.102 and the 

letter of express abandonment and its 

accompanying statement must be filed 

on or before December 31, 2011 (unless 

the Patent Application Backlog 

Reduction Stimulus Plan is extended by 

a subsequent notice). 

Dated: November 16, 2010. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2010–29360 Filed 11–19–10; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–805] 

Initiation and Preliminary Results of 

Antidumping Duty Changed 

Circumstances Review: Certain 

Circular Welded Non-Alloy Steel Pipe 

From Mexico 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In response to a request for an 

expedited changed circumstances 

review from Tuberia Nacional, S.A. de 

C.V. (TUNA) and Lamina y Placa 

Comercial, S.A. de C.V. (Lamina y 

Placa), the Department of Commerce 

(the Department) is initiating a changed 

circumstances review of the 

antidumping duty order on certain 

circular welded non-alloy steel pipe 

(CWP) from Mexico pursuant to section 

751(b) of the Tariff Act of 1930, as 

amended (the Act) and 19 CFR 351.216 

and 351.221(c)(3). We have 

preliminarily concluded that Lamina y 

Placa is the successor-in-interest to 

TUNA and, as a result, should be 

accorded the same treatment previously 

given to TUNA with respect to the 

antidumping duty order on CWP from 


jlentini on DSKJ8SOYB1PROD with NOTICES