[Federal Register Volume 78, Number 113 (Wednesday, June 12, 2013)]
[Notices]
[Pages 35251-35253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13965]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-964]


Seamless Refined Copper Pipe and Tube From the People's Republic 
of China: Final Results and Partial Revocation of 2010/11 Antidumping 
Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 7, 2012, the Department of Commerce (``Department'') 
published the preliminary results of the administrative review of the 
antidumping duty order on seamless refined copper pipe and tube 
(``copper pipe and tube'') from the People's Republic of China 
(``PRC''). The period of review (``POR'') is November 22, 2010 through 
October 31, 2011. Based on our analysis of the comments received, we 
have made no changes to the margin calculations for these final 
results. We continue to find that certain exporters have sold subject 
merchandise at less than normal value during the POR.

DATES: Effective Date: June 12, 2013.

FOR FURTHER INFORMATION CONTACT: Thomas Martin or Robert Bolling, 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-
3936, and (202) 482-3434, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 7, 2012, the Department published Seamless Refined Copper 
Pipe and Tube From the People's Republic of China: Preliminary Results 
of the First Antidumping Duty Administrative Review, and Intent To 
Rescind in Part, 77 FR 47030 (August 7, 2012) (``Preliminary 
Results'').
    On August 21, 2012, Cerro Flow Products, LLC, Wieland Copper 
Products, LLC, Mueller Copper Tube Products, Inc., and Mueller Copper 
Tube Company, Inc. (collectively, ``Petitioners'') submitted additional 
surrogate value information for valuing factors of production. On 
August 27, 2012, Golden Dragon Precise Copper Tube Group, Inc. 
(``Golden Dragon'') also submitted additional surrogate value 
information for valuing factors of production. On August 27, 2012, the 
Department extended the deadline for filing comments on the Preliminary 
Results until September 13, 2012, and until September 18, 2012, for 
rebuttal comments. On September 5, 2012, Luvata Alltop (Zhongshan) Ltd. 
and Luvata Tube (Zhongshan) Ltd., (collectively ``Luvata'') filed 
comments on the Preliminary Results. The separate rate respondent Hong 
Kong Hailiang Metal Trading Limited, Zhejiang Hailiang Co., Ltd., and 
Shanghai Hailiang Copper Co., Ltd. (collectively ``Hailiang''), and 
Petitioners submitted case briefs with the Department on September 13, 
2012. On September 17, 2012, the Department extended the deadline for 
rebuttal briefs until September 21, 2012. On September 21, 2012, 
Petitioners and Golden Dragon filed rebuttal briefs.
    On April 23, 2013, the Department requested additional factual 
documentation from Golden Dragon,\1\ which was submitted on April 24, 
2013. On May 2, 2013, in response to an opportunity to comment from the 
Department, Petitioners and Golden Dragon submitted comments in 
response to Golden Dragon's April 24, 2013, factual submission. On May 
6, 2013, Petitioners and Golden Dragon submitted rebuttal comments.
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    \1\ See Memorandum from Christian Marsh to the File, ``Telephone 
Conversation with Counsel for Golden Dragon Precise Copper Tube 
Group, Inc. et al.,'' dated April 23, 2013.
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    The Department's original deadline for this final determination was 
December 5, 2012. As explained in the memorandum from the Assistant 
Secretary for Import Administration, the Department exercised its 
discretion to toll deadlines for the duration of the closure of the 
Federal Government from October 29, through October 30, 2012.

[[Page 35252]]

Thus, the final results were tolled by two days until December 7, 
2012.\2\ On November 29, 2012, the Department extended the final 
results 60 days until February 5, 2013.\3\ On January 24, 2013, the 
Department extended the final results 90 days until May 6, 2013.\4\ On 
April 30, 2013, the Department extended the final results 30 days until 
June 5, 2013.\5\
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    \2\ See Memorandum to the Record from Paul Piquado, AS for 
Import Administration, regarding ``Tolling of Administrative 
Deadlines As a Result of the Government Closure During the Recent 
Hurricane,'' dated October 31, 2012.
    \3\ See Memorandum to Christian Marsh regarding ``Seamless 
Refined Copper Pipe and Tube from the People's Republic of China: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated November 29, 2012.
    \4\ See Memorandum to Christian Marsh regarding ``Seamless 
Refined Copper Pipe and Tube from the People's Republic of China: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated January 24, 2013.
    \5\ See Memorandum to Christian Marsh regarding ``Seamless 
Refined Copper Pipe and Tube from the People's Republic of China: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' dated April 30, 2013.
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Scope of the Order

    For the purpose of the order, the products covered are all seamless 
circular refined copper pipes and tubes.\6\ The products subject to the 
order 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 the order 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 the order is 
dispositive.\7\
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    \6\ See Issues and Decision Memorandum.
    \7\ For a complete description of the scope of the order, 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).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this review are addressed in the Memorandum from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Import 
Administration, ``Issues and Decision Memorandum for the Final Results 
of the Administrative Review of Seamless Refined Copper Pipe and Tube 
from the People's Republic of China; 2010-2011,'' dated June 5, 2013 
(``Issues and Decision Memorandum''), which is hereby adopted by this 
notice. A list of the issues which parties raised and to which we 
respond in the Issues and Decision Memorandum is attached to this 
notice as an Appendix. The Issues and Decision Memorandum, which is a 
public document, is on file electronically via Import Administration's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``IA ACCESS''). IA ACCESS is available to registered users at 
http://iaaccess.trade.gov, and is available to all parties in the 
Central Records Unit, main Commerce building, Room 7046. In addition, a 
complete version of the Issues and Decision Memorandum is accessible on 
the Department's Web site at http://www.trade.gov/ia. The signed Issues 
and Decision Memorandum and electronic versions of the memorandum are 
identical in content.

Changes Since the Preliminary Results

    There have been no changes since Preliminary Results.

Period of Review

    The POR is November 22, 2010, through October 31, 2011.

Partial Rescission of Review

    Petitioners timely requested an administrative review for Golden 
Dragon Holding (Hong Kong) International Co., Ltd., Hong Kong GD 
Trading Co., Ltd., Sinochem Ningbo Import & Export Co., Ltd., and 
Sinochem Ningbo Ltd., companies which do not have a separate rate, and 
then timely withdrew their requests for review of the above-mentioned 
companies.\8\ Because these companies have not established their 
eligibility for a separate rate, they would be considered part of the 
PRC-wide entity. In the Preliminary Results, we stated that we intended 
to rescind the administrative review with respect to these companies in 
the final results if the PRC-wide entity is not reviewed.\9\ Because 
the PRC-wide entity is not under review for the final results of this 
administrative review, we are rescinding the administrative review for 
the above-mentioned companies for which we received a timely withdrawal 
of the request for administrative review in accordance with 19 CFR 
351.213(d)(1).
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    \8\ See Petitioners' letter entitled, ``Seamless Refined Copper 
Pipe and Tube From the People's Republic of China: Withdrawal of 
Request for Antidumping Administrative Reviews,'' dated February 6, 
2012.
    \9\ See Preliminary Results, 77 FR at 47031.
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    Petitioners also timely requested an administrative review, then 
timely withdrew their requests for the following companies that have 
previously established their eligibility for separate rate: Luvata 
Alltop (Zhongshan) Ltd., Luvata Tube (Zhongshan) Ltd., Ningbo Jintian 
Copper Tube Co., Ltd., Zhejiang Jiahe Pipes Inc., and Zhejiang Naile 
Copper Co., Ltd.\10\ Because the requests for administrative reviews 
for these companies were timely withdrawn, we are rescinding the 
administrative review for these companies in accordance with 19 CFR 
351.213(d)(1).
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    \10\ See Petitioners' letter entitled, ``Seamless Refined Copper 
Pipe and Tube From the People's Republic of China: Withdrawal of 
Request for Antidumping Administrative Reviews,'' dated February 6, 
2012. In the Preliminary Results, 77 FR at 47301, we inadvertently 
identified these companies as not having established their 
eligibility for a separate rate.
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Final Results of the Review

    We determine that the following weighted-average dumping margins 
exist for the POR:

------------------------------------------------------------------------
                                                              Margin
                        Exporter                           (percentage)
------------------------------------------------------------------------
Golden Dragon Precise Copper Tube Group, Inc............            0.00
Hong Kong Hailiang Metal Trading Limited, Zhejiang                 60.85
 Hailiang Co., Ltd., and Shanghai Hailiang Copper Co.,
 Ltd....................................................
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Disclosure

    The Department intends to disclose calculations performed for these 
final results to the parties within five days of the date of the public 
announcement of the results of this review in accordance with 19 CFR 
351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and U.S. Customs and Border Protection 
(``CBP'') shall assess, antidumping duties on all appropriate entries 
covered by this review. The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
    For each respondent whose weighted-average dumping margin in these 
final results is not zero or de minimis (i.e., less than 0.5 percent), 
the Department has calculated importer-specific assessment rates. 
Because we do not have entered values for all U.S. sales to a 
particular importer, we are calculating a per-unit assessment rate by 
aggregating the amount of dumping for all U.S. sales to that importer 
and dividing this amount by the total

[[Page 35253]]

quantity sold to that importer.\11\ Where an exporter's weighted-
average dumping margin is zero or de minimis, or an importer-specific 
ad valorem rate is zero or de minimis, we will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties. To 
determine whether an importer-specific, ad valorem assessment rates is 
de minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), we calculated importer-specific ad valorem rates as the 
amount of dumping for all U.S. sales to an importer divided by the 
estimated entered value of the same sales. We will instruct CBP to 
liquidate entries of subject merchandise exported by the PRC-wide 
entity at an ad valorem assessment rate equal to the weighted-average 
dumping margin assigned to the PRC-wide entity.
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    \11\ See, e.g., Certain Cased Pencils From the People's Republic 
of China: Final Results of the Antidumping Duty Administrative 
Review, 76 FR 27988, 27989 (May 13, 2011).
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    The Department announced a refinement to its assessment practice in 
non-market economy cases.\12\ Pursuant to this refinement in practice, 
for entries that were not reported in the U.S. sales databases 
submitted by companies individually examined during this review, the 
Department will instruct CBP to liquidate such entries at the rate for 
the PRC-wide entity. In addition, if the Department determines that an 
exporter under review had no shipments of the subject merchandise, any 
suspended entries that entered under that exporter's case number (i.e., 
at that exporter's rate) will be liquidated at the rate for the PRC-
wide entity.
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    \12\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review 
(except, if the rate is zero or de minimis, then the cash deposit rate 
will be zero for that exporter); (2) for previously investigated or 
reviewed PRC and non-PRC exporters not listed above that have separate 
rates, the cash deposit rate will continue to be the exporter-specific 
rate published for the most recently completed segment of this 
proceeding; (3) for all PRC exporters of subject merchandise that have 
not been found to be entitled to a separate rate, the cash deposit rate 
will be equal to 60.85 percent, the rate for the PRC-wide entity; \13\ 
and (4) for all non-PRC exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the PRC exporter(s) that supplied that non-PRC exporter. 
These deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \13\ See 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, 60729 (October 1, 2010).
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Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
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 violation which is subject to sanction.
    The Department is issuing and publishing these final results of 
administrative review in accordance with sections 751(a)(1) and 
777(i)(1) of the Act.

    Dated: June 5, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix--Issues and Decision Memorandum

Comment 1: Whether the Department should rescind the administrative 
review with respect to Luvata
Comment 2: Whether Golden Dragon's U.S. sales listing is accurate
Comment 3: Whether the Department should make an adjustment to 
Golden Dragon's reported U.S. prices
Comment 4: Whether the Department should use the financial statement 
of Kobelco or Furukawa.
Comment 5: Whether the Department should use a different rate for 
Hailiang as a non-examined, separate rate respondent

[FR Doc. 2013-13965 Filed 6-11-13; 8:45 am]
BILLING CODE 3510-DS-P