[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Notices]
[Pages 71070-71072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29528]


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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\
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    \1\ See 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).
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    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\
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    \2\ See 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.
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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:

------------------------------------------------------------------------
                                                               Limiting
                                                               content
                          Element                             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.
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    \3\ See Final Determination of Sales at LTFV from Mexico.
    \4\ See 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).
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    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

[[Page 71071]]

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 
weighted-average 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\
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    \5\ See 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).
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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\
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    \6\ Section 736(b)(1) of the Act states that ``{i{time} f the 
{ITC{time} , 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.''
    \7\ See 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).
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    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
------------------------------------------------------------------------
                                                              Weighted-
                                                               average
           Exporter                       Producer              margin
                                                              (percent)
------------------------------------------------------------------------
Golden Dragon Precise Copper    Golden Dragon Precise              11.25
 Tube Group, Inc.                Copper Tube Group, Inc.
Zhejiang Hailiang Co., Ltd.;    Zhejiang Hailiang Co.,             60.85
 Hong Kong Hailiang Metal        Ltd.; Shanghai Hailiang
 Trading Limited; Shanghai       Copper Co., Ltd.
 Hailiang Copper Co., Ltd.
Zhejiang Naile Copper Co., Ltd  Zhejiang Naile Copper Co.,         36.05
                                 Ltd.
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)          36.05
                                 Ltd.
Luvata Alltop (Zhongshan) Ltd.  Luvata Alltop (Zhongshan)          36.05
                                 Ltd.
Ningbo Jintian Copper Tube Co.  Ningbo Jintian Copper Tube         36.05
 Ltd.                            Co. Ltd.
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         27.16
                                 C.V.
All Others....................  All Others.................        26.03
------------------------------------------------------------------------


[[Page 71072]]

    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 weighted-average 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