Seamless Refined Copper Pipe and Tube From Mexico: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2024-2025
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that Nacional de Cobre, S.A. de C.V. (Cobre) made sales of seamless refined copper pipe and tube (copper pipe and tube) from Mexico below normal value (NV) during the period of review (POR), November 1, 2024, through October 31, 2025. In addition, we are rescinding the review with respect to GD Affiliates S. De R. L. de C.V. (Golden Dragon) and IUSA, S.A. de C.V. (IUSA). Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 91 Issue 181 (Monday, September 21, 2026)</title>
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[Federal Register Volume 91, Number 181 (Monday, September 21, 2026)]
[Notices]
[Pages 59763-59765]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19273]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-838]
Seamless Refined Copper Pipe and Tube From Mexico: Preliminary
Results and Rescission, in Part, of Antidumping Duty Administrative
Review; 2024-2025
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Nacional de Cobre, S.A. de C.V. (Cobre) made sales of seamless
refined copper pipe and tube (copper pipe and tube) from Mexico below
normal value (NV) during the period of review (POR), November 1, 2024,
through October 31, 2025. In addition, we are rescinding the review
with respect to GD Affiliates S. De R. L. de C.V. (Golden Dragon) and
IUSA, S.A. de C.V. (IUSA). Interested parties are invited to comment on
these preliminary results of review.
DATES: Applicable September 21, 2026.
FOR FURTHER INFORMATION CONTACT: Hannah Lee, AD/CVD Operations, Office
VIII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1216.
SUPPLEMENTARY INFORMATION:
Background
On January 27, 2026, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty order on copper pipe and tube from
Mexico.\1\ On February 26, 2026, Commerce selected Cobre and Golden
Dragon as mandatory respondents in this review.\2\ On April 27, 2026,
Mueller Copper Tube Products, Inc., Mueller Copper Tube West Co.,
Mueller Copper Tube Company, Inc., Howell Metal Company, and Linesets,
Inc., and Cerro Flow Products LLC, (collectively, domestic interested
parties) withdrew their review request with respect to Golden Dragon
and IUSA.\3\ On September 2, 2026, Commerce extended the preliminary
results deadline by additional 14 days.\4\ Accordingly, the current
deadline for the preliminary results of this review is September 16,
2026.
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\1\ See 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, 75
FR 71070 (November 22, 2010) (Order); and Initiation of Antidumping
and Countervailing Duty Administrative Review, 91 FR 3421 (January
27, 2026) (Initiation Notice).
\2\ See Memorandum, ``Respondent Identification,'' dated
February 26, 2026.
\3\ See Domestic Interested Parties' Letter, ``Withdrawal of
Request for Administrative Review of Antidumping Duty Order,'' dated
April 27, 2026.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated September
2, 2026.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of the topics discussed in the Preliminary Decision Memorandum
is attached as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS), which is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/frnotices">https://access.trade.gov/frnotices</a>.
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\5\ See Memorandum, ``Decision Memorandum for Preliminary
Results and Rescission, in Part, of Antidumping Duty Administrative
Review; 2024-2025,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order are copper pipe from Mexico.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party that requested a
review withdraws its request within 90 days of the date of publication
of the notice of initiation of the requested review in the Federal
Register. As noted above, Commerce received timely-filed withdrawal
requests with respect to the following companies, and no other parties
requested an administrative review of these companies: Golden Dragon
and IUSA. Therefore, we are rescinding this administrative review with
respect to these companies, pursuant to 19 CFR 351.213(d)(1).
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to section 776(a) of the Act, Commerce
has preliminarily relied upon facts otherwise available for Cobre, the
mandatory respondent in this investigation, because the company failed
to submit the necessary information to calculate an antidumping duty
(AD) margin in this investigation. Further, Commerce preliminarily
determines that Cobre failed to cooperate by not acting to the best of
its ability to comply with Commerce's requests for information and
Commerce is using an adverse inference in selecting from among the
facts otherwise available (i.e., applying adverse facts available (AFA)
to these respondents, in accordance with section 776(b) of the Act).
For a full description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
Preliminary Results
Commerce preliminarily determines that the following estimated
weighted-average dumping margin exists for the period, November 1,
2024, through October 31, 2025:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Nacional de Cobre, S.A. de C.V............................. 56.43
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with preliminary results within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of preliminary
results in the Federal Register, in accordance with 19 CFR 351.224(b).
However, because Commerce preliminarily applied AFA to Cobre, the sole
respondent under review, in accordance with section 776 of the Act,
there are no calculations to disclose.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 14 days after the
date of the publication of this notice.\6\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than five days
after the date for filing case briefs.\7\ Interested parties who submit
case briefs or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\8\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety in ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\6\ See 19 CFR 351.309.
\7\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public executive summary for each issue raised in their
briefs.\9\ Further, we request that interested parties limit their
public executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public executive summaries as
the basis of the comment summaries included in the issues and decision
memorandum that will accompany the final results in this administrative
review. We request that interested parties include footnotes for
relevant citations in the public executive summary of each issue. Note
that Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\10\
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\9\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\10\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5:00 p.m. Eastern Time within 14 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants and
whether any participants are foreign nationals; and (3) a list of
issues to be discussed. Oral presentations at the hearing will be
limited to issues raised in the briefs. If a request for a hearing is
made, Commerce will inform parties of the scheduled date for the
hearing.\11\
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\11\ See 19 CFR 351.310(d).
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Cobre for
which it did not know that the merchandise was destined for the United
States, we intend to instruct CBP to liquidate those entries at the
all-others rate calculated in the less-than-fair-value (LTFV)
investigation if there is no rate for the intermediate company involved
in the transaction.\12\
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\12\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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For the two companies discussed above for which the review is being
rescinded, Commerce will instruct CBP to assess antidumping duties on
all appropriate entries. Antidumping duties shall be assessed at rates
equal to the cash deposit rate for estimated antidumping duties
required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce
intends to issue rescission instructions to CBP no earlier than 41 days
after the date of publication of this notice in the Federal Register.
Commerce intends to issue assessment instructions to CBP regarding
Cobre no earlier than 41 days after the date of publication of the
final
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results of this review in the Federal Register, in accordance with 19
CFR 356.8(a). If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Instructions
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for Cobre will be
equal to weighted-average dumping margin established in the final
results of this review; (2) for merchandise exported by a company not
covered in this review but covered in a prior completed segment of the
proceeding, the cash deposit rate will continue to be the company
specific rate published in the completed segment for the most recent
period; (3) if the exporter is not a firm covered in this review or
another completed segment of this proceeding, but the producer is, then
the cash deposit rate will be the company-specific rate established for
the completed segment for the most recent period for the producer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters will continue to be 26.03 percent, the all-others rate
established in the less-than-fair-value investigation.\13\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\13\ See Order.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping prior to liquidation of the relevant
entries during this review period. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: September 16, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Facts Available and Adverse Inferences
V. Recommendation
[FR Doc. 2026-19273 Filed 9-18-26; 8:45 am]
BILLING CODE 3510-DS-P
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