[Federal Register Volume 75, Number 112 (Friday, June 11, 2010)]
[Notices]
[Pages 33330-33332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14035]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 731-TA-1174-1175 (Final)]
Seamless Refined Copper Pipe and Tube From China and Mexico
AGENCY: International Trade Commission.
ACTION: Scheduling of the final phase of antidumping investigations.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation Nos. 731-TA-1174-1175 (Final)
under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b))
(the Act) to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of less-than-fair-value imports from China and
Mexico of seamless refined copper pipe and tube, provided for in
subheadings 7411.10.10 and 8415.90.80 of the Harmonized Tariff Schedule
of the United States.\1\
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\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as ``all seamless
circular refined copper pipe 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 innergrooves 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 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-B359, ASTM-B743, ASTM-B819, and ASTM-B903
specifications and meeting the physical parameters described
therein. Also included within the scope of these investigations 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: 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 investigations 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 investigations are currently
classifiable under subheadings 7411.10.1030 and 7411.10.1090, of the
Harmonized Tariff Schedule of the United States (HTS). Products
subject to these investigations may also enter under HTSUS
subheadings 7407.10.1500, 7419.99.5050, 8415.90.8065, and
8415.90.8085.
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[[Page 33331]]
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A through E (19 CFR part 201), and part 207, subparts A and C
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(19 CFR part 207).
DATES: Effective Date: May 5, 2010.
FOR FURTHER INFORMATION CONTACT: Edward Petronzio (202-205-3176),
Office of Investigations, U.S. International Trade Commission, 500 E
Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
Internet server (http://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background: The final phase of these investigations are being
scheduled as a result of affirmative preliminary determinations by the
Department of Commerce that imports of seamless refined copper pipe and
tube from China and Mexico are being sold in the United States at less
than fair value within the meaning of section 733 of the Act (19 U.S.C.
1673b). These investigations were requested in a petition filed on
September 30, 2009, by Cerro Flow Products, Inc., St. Louis, MO; Kobe
Wieland Copper Products, LLC, Pine Hall, NC; Mueller Copper Tube
Products, Inc. and Mueller Copper Tube Company, Inc., Memphis, TN.
Participation in the investigations and public service list:
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list: Pursuant
to Sec. 207.7(a) of the Commission's rules, the Secretary will make
BPI gathered in the final phase of these investigations available to
authorized applicants under the APO issued in the investigations,
provided that the application is made no later than 21 days prior to
the hearing date specified in this notice. Authorized applicants must
represent interested parties, as defined by 19 U.S.C. 1677(9), who are
parties to the investigations. A party granted access to BPI in the
preliminary phase of the investigations need not reapply for such
access. A separate service list will be maintained by the Secretary for
those parties authorized to receive BPI under the APO.
Staff report: The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on
September 9, 2010, and a public version will be issued thereafter,
pursuant to section 207.22 of the Commission's rules.
Hearing: The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on September
23, 2010, at the U.S. International Trade Commission Building. Requests
to appear at the hearing should be filed in writing with the Secretary
to the Commission on or before September 17, 2010. A nonparty who has
testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. All parties and
nonparties desiring to appear at the hearing and make oral
presentations should attend a prehearing conference to be held at 9:30
a.m. on September 21, 2010, at the U.S. International Trade Commission
Building. Oral testimony and written materials to be submitted at the
public hearing are governed by Sec. Sec. 201.6(b)(2), 201.13(f), and
207.24 of the Commission's rules. Parties must submit any request to
present a portion of their hearing testimony in camera no later than 7
business days prior to the date of the hearing.
Written submissions: Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is September 16, 2010. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in Sec. 207.24 of the Commission's rules, and posthearing
briefs, which must conform with the provisions of Sec. 207.25 of the
Commission's rules. The deadline for filing posthearing briefs is
September 30, 2010; witness testimony must be filed no later than three
days before the hearing. In addition, any person who has not entered an
appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before September 30, 2010. On October 20, 2010, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before October 22, 2010, but such
final comments must not contain new factual information and must
otherwise comply with Sec. 207.30 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's rules do not authorize filing
of submissions with the Secretary by facsimile or electronic means,
except to the extent permitted by section 201.8 of the Commission's
rules, as amended, 67 FR. 68036 (November 8, 2002). Even where
electronic filing of a document is permitted, certain documents must
also be filed in paper form, as specified in II (C) of the Commission's
Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November
8, 2002).
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
[[Page 33332]]
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to Sec. 207.21 of the Commission's rules.
Issued: June 7, 2010.
By order of the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. 2010-14035 Filed 6-10-10; 8:45 am]
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