Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 60723 

1On May 28, 2010, the Department also 

published in the Federal Register, Seamless 

Refined Copper Pipe and Tube From Mexico: 

Correction to Notice of Preliminary Determination 

of Sales at Less Than Fair Value 75 FR 29990 (May 

28, 2010) and Postponement of Final Determination 

to correct the Scope section of the Preliminary 

Determination. 

2See Memorandum to the File titled ‘‘Verification 

of the Sales Response of IUSA S.A. de C.V. (‘‘IUSA’’) 

and its affiliates (‘‘IUSA’’) in the Antidumping Duty 

Investigation of Seamless Refined Copper Pipe and 

Tube from Mexico, dated July 21, 2010’’ 

‘‘Verification of the Cost Response of IUSA, S.A. de 

C.V. in the Antidumping Duty Investigation of 

Seamless Refined Copper Pipe and Tube from 

Mexico, dated July 19, 2010’’ ‘‘Verification of the 

Sales Response of Nacobre, S.A. de C.V. and its 

affiliates (‘‘Nacobre’’) in the Antidumping Duty 

Investigation of Seamless Refined Copper Pipe and 

Tube from Mexico,’’ dated July 21, 2010, and 

‘‘Verification of the Cost Response of Nacobre, S.A. 

de C.V. and its affiliates (‘‘Nacobre’’) in the 

Antidumping Duty Investigation of Seamless 

Refined Copper Pipe and Tube from Mexico,’’ dated 

July 22, 2010. 

3See IUSA’s July 23, 2010, and Nacobre’s July 26, 

2010, submission of the sales and cost databases. 

4The petitioners in this investigation are Cerro 

Flow Products, Inc., KobeWieland Copper Products, 

LLC, Mueller Copper Tube Products, Inc., and 

Mueller Copper Tube Company, Inc. (collectively, 

‘‘petitioners’’). 

support your comments as you think 

necessary. 

Special Accommodations 

These meetings are accessible to 

people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Rachel Sprague, (808) 944–2200 (phone) 

or (808) 973–2941 (fax), at least 5 days 

before the scheduled meeting date. 

Dated: September 22, 2010. 

Eric C. Schwaab, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2010–24738 Filed 9–30–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–838] 

Seamless Refined Copper Pipe and 

Tube From Mexico: Final 

Determination of Sales at Less Than 

Fair Value 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (‘‘the Department’’) has 

determined that imports of seamless 

refined copper pipe and tube (‘‘copper 

pipe and tube’’) from Mexico are being, 

or are likely to be, sold in the United 

States at less than fair value (‘‘LTFV’’), 

as provided in section 735 of the Tariff 

Act of 1930, as amended (‘‘the Act’’). The 

estimated margins of sales at LTFV are 

listed in the ‘‘Continuation of 

Suspension of Liquidation’’ section of 

this notice. 

DATES: Effective Date: October 1, 2010. 

FOR FURTHER INFORMATION CONTACT: Joy 

Zhang or George McMahon, AD/CVD 

Operations, Office 3, 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– 

1167, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 12, 2010, the Department 

published in the Federal Register its 

preliminary determination on copper 

pipe and tube from Mexico. 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) (‘‘Preliminary Determination).1

We selected the following companies for 

individual examination: IUSA S.A. de 

C.V. (‘‘IUSA’’) and Nacional de Cobre, 

S.A. de C.V. (‘‘Nacobre’’). 

See Preliminary Determination, 75 FR 

at 26726. 

As provided in section 782(i) of the 

Act, we conducted sales and cost 

verifications of the questionnaire 

responses submitted by IUSA and 

Nacobre. We used standard verification 

procedures, including examination of 

relevant accounting and production 

records, as well as original source 

documents provided by IUSA and 

Nacobre.2 All verification reports are on 

file and available in the Central Records 

Unit (‘‘CRU’’), Room 7046, of the main 

Department of Commerce building. 

On July 23, 2010 and July 26, 2010, 

respectively, IUSA and Nacobre, 

submitted sales and cost databases with 

revisions that reflect the minor 

corrections presented during their 

respective verifications.3 IUSA, 

Nacobre, and the petitioners 4 filed their 

case briefs with the Department on 

August 4, 2010, and rebuttal briefs on 

August 10, 2010. At the petitioners’ 

request, we held a hearing on August 

12, 2010. 

We used IUSA’s July 23, 2010, and 

Nacobre’s July 26, 2010, sales and cost 

databases to calculate IUSA’s and 

Nacobre’s antidumping duty margin. No 

parties have objected to the use of these 

databases. 

On September 13, 2010, the 

Department placed a memorandum on 

the record of this case regarding a recent 

ex parte meeting in which Francisco J. 

Sa ́nchez, Under Secretary for 

International Trade Administration met 

with Mr. Carlos Peralta, President and 

Director General of IUSA. The 

Department invited interested parties to 

comment on this memorandum by 

September 17, 2010; however, no 

comments were received. 

Period of Investigation 

The period of investigation (‘‘POI’’) is 

July 1, 2008, to June 30, 2009. This 

period corresponds to the four most 

recent fiscal quarters prior to the month 

of the filing of the petition. See 19 CFR 

351.204(b)(1). 

Scope of Investigation 

For the purpose of this investigation, 

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 this investigation 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 this investigation 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 


emcdonald on DSK2BSOYB1PROD with NOTICES
60724 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 

5For a discussion of these changes, see the Issues 

and Decision Memorandum and memorandum 

titled, ‘‘Final Determination of Sales at Less Than 

Fair Value in the Antidumping Duty Investigation 

of Seamless Refined Copper Pipe and Tube from 

Mexico—Sales Analysis Memorandum for IUSA’’ 

(‘‘IUSA Sales Analysis Memo’’); ‘‘Final 

Determination of Sales at Less Than Fair Value in 

the Antidumping Duty Investigation of Seamless 

Refined Copper Pipe and Tube from Mexico—Sales 

Analysis Memorandum for Nacobre’’ (‘‘Nacobre 

Sales Analysis Memo’’); ‘‘Cost of Production and 

Constructed Value Calculation Adjustments for the 

Final Determination—IUSA’’ (‘‘IUSA Cost Analysis 

Memo’’); and ‘‘Cost of Production and Constructed 

Value Calculation Adjustments for the Final 

Determination—Nacobre’’ (‘‘Nacobre Cost Analysis 

Memo’’), dated September 24, 2010. 

6See Steel Wire Garment Hangers from the 

People’s Republic of China: Final Determination of 

Sales at Less Than Fair Value, 73 FR 47587, 47591 

(August 14, 2008). 

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 this 

investigation are all seamless circular 

hollows of refined copper less than 12 

inches in length whose OD (actual) 

exceeds its length. The products subject 

to this investigation 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 this investigation 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 this investigation is dispositive. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this 

antidumping duty investigation are 

addressed in the ‘‘Issues and Decision 

Memorandum for the Antidumping 

Duty Investigation of Seamless Refined 

Copper Pipe and Tube from Mexico’’ 

(‘‘Decision Memorandum’’) from Acting 

Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations, Susan H. Kuhbach, to 

Deputy Assistant Secretary for Import 

Administration Ronald K. Lorentzen, 

dated September 24, 2010, which is 

hereby adopted by this notice. A list of 

the issues which parties have raised and 

to which we have responded, all of 

which are in the Decision 

Memorandum, is attached to this notice 

as an appendix. Parties can find a 

complete discussion of all issues raised 

in this investigation and the 

corresponding recommendations in the 

Decision Memorandum which is on file 

in the CRU of the main Department of 

Commerce building, Room 7046, and is 

accessible on the Web at http:// 

ia.ita.doc.gov/frn/index.html. The paper 

copy and electronic version of the 

Decision Memorandum are identical in 

content. 

Changes Since the Preliminary 

Determination 

Based on our analysis of the 

comments received and our findings at 

verification, we have made certain 

changes to the margin calculations for 

IUSA and Nacobre based on the sales 

and cost verifications.5

Cost of Production 

As explained in the Preliminary 

Determination, we conducted an 

investigation concerning sales at prices 

below the cost of production in the 

home market. We found that, for certain 

specific products, more than 20 percent 

of IUSA and Nacobre’s home market 

sales were at prices less than the cost of 

production and, in addition, such sales 

did not provide for the recovery of costs 

within a reasonable period of time. 

Therefore, we disregarded these sales 

and used the remaining sales as the 

basis for determining normal value in 

accordance with section 773(b)(1) of the 

Act. Based on this test, for this final 

determination we have disregarded 

below-cost sales by IUSA and Nacobre. 

Continuation of Suspension of 

Liquidation 

Pursuant to section 735(c)(1)(B) of the 

Act, we will instruct U.S. Customs and 

Border Protection (‘‘CBP’’) to continue to 

suspend liquidation of all entries of 

subject merchandise from Mexico 

entered, or withdrawn from warehouse, 

for consumption on or after May 12, 

2010, the date of the publication of the 

Preliminary Determination. We will 

instruct CBP to require a cash deposit or 

the posting of a bond equal to the 

weighted-average margin, as indicated 

below, as follows: (1) The rates for IUSA 

and Nacobre will be the rates we have 

determined in this final determination; 

(2) if the exporter is not a firm identified 

in this investigation but the producer is, 

the rate will be the rate established for 

the producer of the subject 

merchandise; (3) the rate for all other 

producers or exporters will be 28.16 

percent as discussed in the ‘‘All-Others 

Rate’’’ section below. These suspensionof-liquidation instructions will remain 

in effect until further notice. 

Final Determination 

The final antidumping duty margins 

are as follows: 

Manufacturer/exporter 

Weighted-average margin 

(percent) 

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

Nacional de Cobre, S.A. de 

C.V. ................................... 31.43 

All Others .............................. 28.16 

All-Others Rate 

Section 735(c)(5)(A) of the Act 

provides that the estimated ‘‘All Others’’ 

rate shall be an amount equal to the 

weighted average of the estimated 

weighted-average dumping margins 

established for exporters and producers 

individually investigated, excluding any 

zero or de minimis margins, and any 

margins determined entirely under 

section 776 of the Act. IUSA and 

Nacobre are the only respondents in this 

investigation for which the Department 

has calculated a company-specific rate 

that is not zero or de minimis. 

Therefore, because there are only two 

relevant weighted-average dumping 

margins for this final determination and 

because using a weighted average risks 

disclosure of business proprietary 

information, the ‘‘all others’’ rate is a 

simple-average of these two values, 

which is 28.16 percent.6

Disclosure 

The Department will disclose the 

calculations performed in connection 

with this final determination within five 

days of the date of publication of this 

notice to parties in this proceeding. See 

19 CFR 351.224(b). 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we have notified the 

International Trade Commission (‘‘ITC’’) 

of our final determination. As our final 

determination is affirmative, the ITC 

will determine within 45 days whether 

imports of the subject merchandise are 

causing material injury or threat of 

material injury to an industry in the 

United States. If the ITC determines that 

material injury or threat of injury does 

not exist, the proceeding will be 

terminated and all securities posted will 

be refunded or canceled. If the ITC 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices 60725 

1See 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) (‘‘Preliminary Determination’’). 

2See the ‘‘Verification’’ section below. 

3See Letter from Petitioners to the Secretary of 

Commerce, ‘‘Seamless Refined Copper Pipe and 

Tube from the People’s Republic of China; 

Investigation; Case Brief of Petitioners’’ (July 2, 

2010); Letter from Golden Dragon to the Secretary 

of Commerce, ‘‘Seamless Refined Copper Pipe and 

Tube from the People’s Republic of China’’ (July 2, 

2010); Letter from the Hailiang Group to the 

Secretary of Commerce, ‘‘Seamless Refined Copper 

Pipe & Tube from the People’s Republic of China: 

The Hailiang Group—Administrative Case Brief’’ 

(July 2, 2010). 

4See Letter from Petitioners to the Secretary of 

Commerce, ‘‘Seamless Refined Copper Pipe and 

Tube from the People’s Republic of China; 

Investigation; Rebuttal Brief of Petitioners’’ (July 9, 

2010); Letter from Golden Dragon to the Secretary 

of Commerce, ‘‘Seamless Refined Copper Pipe and 

Tube from the People’s Republic of China’’ (July 9, 

2010); Letter from the Hailiang Group to the 

Secretary of Commerce, ‘‘Seamless Refined Copper 

Pipe & Tube from the People’s Republic of China: 

Rebuttal Brief of the Hailiang Group’’ (July 9, 2010). 

5See Memorandum from Shawn Higgins, 

International Trade Compliance Analyst, AD/CVD 

Operations, Office 4, ‘‘Antidumping Duty 

Investigation of Seamless Refined Copper Pipe and 

Tube from the People’s Republic of China: Wage 

Data’’ (August 3, 2010). 

6See Letter from Petitioners to the Secretary of 

Commerce, ‘‘Seamless Refined Copper Pipe and 

Tube from China; Petitioners’ Comments on the 

Surrogate Value for Labor’’ (August 9, 2010); Letter 

from Golden Dragon to the Secretary of Commerce, 

‘‘Seamless Refined Copper Pipe and Tube from the 

People’s Republic of China: Golden Dragon Precise 

Copper Tube Group, Inc.’’ (August 9, 2010). 

determines that such injury does exist, 

we will issue an antidumping duty 

order directing CBP to assess 

antidumping duties on all imports of the 

subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the effective 

date of the suspension of liquidation. 

Destruction of Proprietary Information 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO as explained in 

the APO itself. See 19 CFR 

351.305(a)(3). Timely written 

notification of the 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 sanctionable 

violation. 

We are issuing and publishing this 

determination and notice in accordance 

with sections 735(d) and 777(i) of the 

Act. 

Dated: September 24, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix 

List of Issues in the Issues and Decision 

Memorandum 

Comment 1: Comments Regarding the 

Investigation 

Comment 2: Alternative Cost Averaging 

Methodology 

Comment 3: Cost Recovery Test 

Comment 4: Model Matching Hierarchy 

Comment 5: Nacobre’s U.S. Date of Sale 

Comment 6: Treatment of Nacobre’s General 

and Administrative Expense Ratio 

Comment 7: Nacobre’s Weight Basis 

Comment 8: Treatment of the Negative Value 

of Certain U.S. Expense Variables for 

IUSA 

Comment 9: Treatment of Early Payment 

Discounts for IUSA’s Home Market Sales 

Comment 10: IUSA’s Packing Costs 

Comment 11: Further Manufactured Line 

Sets 

Comment 12: ‘‘All Others’’ Rate 

[FR Doc. 2010–24719 Filed 9–30–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–964] 

Seamless Refined Copper Pipe and 

Tube From the People’s Republic of 

China: Final Determination of Sales at 

Less Than Fair Value 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: October 1, 2010. 

SUMMARY: On May 12, 2010, the 

Department of Commerce (the 

‘‘Department’’) published its preliminary 

determination of sales at less than fair 

value (‘‘LTFV’’) in the antidumping duty 

investigation of seamless refined copper 

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

from the People’s Republic of China 

(‘‘PRC’’).1 The Department invited 

interested parties to comment on the 

Preliminary Determination. Based on 

the Department’s analysis of the 

comments received, the Department has 

made changes from the Preliminary 

Determination. The Department 

determines that copper pipe and tube 

from the PRC is being, or is likely to be, 

sold in the United States at LTFV as 

provided in section 735 of the Tariff Act 

of 1930, as amended (the ‘‘Act’’). The 

final dumping margins for this 

investigation are listed in the ‘‘Final 

Determination’’ section below. 

FOR FURTHER INFORMATION CONTACT: 

Karine Gziryan or Shawn Higgins, AD/ 

CVD Operations, Office 4, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–4081 and (202) 

482–0679, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department published its 

Preliminary Determination of sales at 

LTFV and postponement of the final 

determination on May 12, 2010. 

Between May 24, 2010, and June 1, 

2010, the Department conducted 

verification of mandatory respondents 

Golden Dragon Precise Copper Tube 

Group, Inc. (‘‘Golden Dragon’’) and 

Zhejiang Hailiang Co., Ltd., Shanghai 

Hailiang Copper Co., Ltd., and Hong 

Kong Hailiang Metal Trading Limited 

(collectively, the ‘‘Hailiang Group’’).2

Cerro Flow Products, Inc., 

KobeWieland Copper Products, LLC, 

Mueller Copper Tube Company, Inc. 

(collectively, ‘‘Petitioners’’), Golden 

Dragon, and the Hailiang Group 

submitted case briefs on July 2, 2010.3

On July 9, 2010, Petitioners, Golden 

Dragon, and the Hailiang Group filed 

rebuttal briefs.4 The Department 

conducted a public hearing on August 4, 

2010. 

On August 3, 2010, the Department 

notified parties that as a result of the 

recent decision in Dorbest Ltd. v. United 

States, 604 F.3d 1363 (Fed. Cir. 2010) 

(‘‘Dorbest’’), issued by the United States 

Court of Appeals for the Federal Circuit 

(‘‘CAFC’’) on May 14, 2010, the 

Department would be reconsidering its 

valuation of the labor wage rate in this 

investigation. The Department placed 

export data on the record of the 

investigation and gave parties an 

opportunity to comment on the narrow 

issue of the labor wage value in light of 

the CAFC’s decision.5 On August 9, 

2010, Petitioners and Golden Dragon 

submitted comments regarding the wage 

rate issue.6

Period of Investigation 

The period of investigation (‘‘POI’’) is 

January 1, 2009, through June 30, 2009. 

This period corresponds to the two most 

recent fiscal quarters prior to the month 


emcdonald on DSK2BSOYB1PROD with NOTICES