AD: China, Mexico Certain Copper Pipe and Tube

Comments on Mexico AD Respondent Selection Due by November 6th

For the Mexico AD investigation, the ITA intends to select respondents based on U.S. Customs and Border Protection data for U.S. imports under Harmonized Tariff Schedule numbers 7411.10.1030 and 7411.10.1090.

The ITA invites comments regarding the CBP data and respondent Selection by November 6, 2009.

Comments on Scope of the Investigations Due by November 9th

Comments on the scope of these AD duty investigations are due by October 26, 2009.

Comments on Product Characteristics for AD Questionnaire Due by Nov. 9th

The ITA is requesting comments from interested parties regarding the appropriate physical characteristics of copper pipe and tube to be reported in response to the AD questionnaires.

This information will be used to identify the key physical characteristics of the subject merchandise in order to more accurately report the relevant factors and costs of production, as well as to develop appropriate product reporting criteria.

Comments on product characteristics to be reported in response to the AD questionnaire must be submitted by November 9, 2009. (Rebuttal comments are due by November 16, 2009.)

China Q&V Questionnaires Due by November 10th

For the China AD investigation, the ITA will request quantity and value (Q&V) information from all known exporters and producers listed with complete contact information in the AD petitions. The Q&V data received will be used as the basis to select the mandatory respondents.

The Q&V questionnaire is available at http://ia.ita.doc.gov/download/nme-sep-rates/prc-srcpt/prc-srcpt-qvq-102109.pdf. Completed questionnaires are due by November 10, 2009.

China Separate Rate Applications Due by December 28th

For the China AD investigation, the ITA also requires exporters and producers seeking separate rate status to submit a separate rate application no later than December 28, 2009. The separate rate application is available at http://ia.ita.doc.gov/download/nme-sep-rates/prc-srcpt/prc-srcpt-sra-102109.pdf.

The ITA requires that the respondents submit a response to both the Q&V questionnaire and the separate rate application by the respective deadlines in order to receive consideration for separate rate status.

The ITA will also calculate combination rates for certain respondents that are eligible for a separate rate in the China AD investigation.

Comments on Targeted Dumping Due January 22nd

Any interested party that wishes to make a targeted dumping allegation in these AD investigations may submit allegations by January 22, 2010 (i.e., no later than 45 days before the scheduled date of the ITA's preliminary determination).

(Note that in December 2008, the ITA issued an interim final rule for the purposes of withdrawing the regulations governing targeted dumping analysis in AD duty investigations. See ITT's Online Archives or 12/15/08 and 01/15/09 news, 08121525 and 09011535, for BP summaries of the interim final rule and extension of the comment period.)

Scope of the Investigations

For the purpose of these investigations, 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 investigations covers, but is not limited to, seamless refined copper pipe and tube produced or comparable to the American Society for Testing and Materials (ASTM) ASTMB42, ASTMB68, ASTMB75, ASTMB88, ASTMB88M, ASTMB188, ASTMB251, ASTMB251M, ASTMB280, ASTMB302, ASTMB306, ASTM359, ASTMB743, ASTMB819, and ASTMB903 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:

Exclusions from the scope. 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.

HTS classification. The products subject to these investigations are currently classifiable under HTS subheadings 7411.10.1030 and 7411.10.1090. Products subject to these investigations may also enter under HTS subheadings 7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085.

The ITA notes that although the HTS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive.

- ITA's preliminary AD duty determinations due by 03/09/10

-International Trade Commission's preliminary AD injury determinations due 11/16/09

ITA contact - Maisha Cryor (202) 482-5831

ITA notice (FR Pub 10/27/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-25855.pdf

ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-prc-mexico-srcpt-init-102109.pdf