[Federal Register Volume 78, Number 225 (Thursday, November 21, 2013)]
[Notices]
[Pages 69820-69822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27971]


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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: Preliminary Results and Partial Rescission of Administrative 
Review; 2011-2012

AGENCY: Enforcement and Compliance, Formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (the ``Department'') is conducting the second 
administrative review of the antidumping duty order on seamless refined 
copper pipe and tube from the People's Republic of China (``PRC''), 
covering the period November 1, 2011 through October 31, 2012. The 
Department has preliminarily determined that during the period of 
review (``POR'') respondents in this proceeding have made sales of 
subject merchandise at less than normal value (``NV'').

DATES: Effective Date: November 21, 2013.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3936.

SUPPLEMENTARY INFORMATION: 

Scope of Order

    The merchandise subject to the order is seamless refined copper 
pipe and tube. The product is currently classified under Harmonized 
Tariff Schedule of the United States (``HTSUS'') item numbers 
7411.10.1030 and 7411.10.1090. Products subject to this order may also 
enter under HTSUS item numbers 7407.10.1500, 7419.99.5050, 
8415.90.8065, and 8415.90.8085. Although the HTSUS numbers are provided 
for convenience and customs purposes, the written description of the 
scope of this order remains dispositive.\1\
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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).
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Tolling of Deadlines for Preliminary Results

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\2\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day. The revised deadline for the preliminary results of this 
review is now November 18, 2013.
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    \2\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
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Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. The 
Department is rescinding this review with regard to Luvata Tube 
(Zhongshan) Ltd. and Luvata Alltop (Zhongshan) Ltd., as parties have 
timely withdrawn all review requests with respect to these companies. 
Because Luvata Tube (Zhongshan) Ltd. and Luvata Alltop (Zhongshan) Ltd. 
have separate rates from a prior completed segment of this proceeding, 
antidumping duties shall be assessed at rates equal to the rates of the 
cash deposits of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption, in accordance 
with 19 CFR 351.212(c)(2).
    Reviews were also requested for Shanghai Hailiang Metal Trading 
Limited and Hong Kong Hailiang Metal, companies named in the Initiation 
Notice,\3\ and those requests were also timely withdrawn. However, we 
are not rescinding the reviews for these two companies at this time, 
because they do not have a separate rate and, therefore, each currently 
remains part of the PRC-wide entity. The PRC-wide entity is currently 
subject to this administrative review.
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    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 77 FR 
77017 (December 31, 2012). These companies are not included in the 
collapsed entity of Hong Kong Hailiang Metal Trading Limited, 
Zhejiang Hailiang Co., Ltd., and Shanghai Hailiang Copper Co., Ltd.
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the ``Act''). 
Export prices and constructed export prices were calculated in 
accordance with section 772 of the Act. Because the PRC is a nonmarket 
economy within the meaning of section 771(18) of the Act, NV has been 
calculated in accordance with section 773(c) of the Act. Specifically, 
the respondent's factors of production have been valued using prices in 
Thailand, which is at a level of economical development comparable to 
that of the PRC and a significant producer of merchandise comparable to 
the subject merchandise.

[[Page 69821]]

    For a full description of the methodology underlying our 
conclusions, please see the Memorandum to Ronald K. Lorentzen, Acting 
Assistant Secretary for Enforcement and Compliance, from Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, ``Decision Memorandum for the Preliminary Results of 
the 2011-2012 Administrative Review of the Antidumping Duty Order on 
Seamless Refined Copper Pipe and Tube from the People's Republic of 
China, dated concurrently with this notice (``Preliminary Decision 
Memorandum''), and hereby adopted by 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 (``IA ACCESS''). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov, and it is 
available to all parties in the Central Records Unit, Room 7046 of the 
main Department of Commerce building. In addition, a complete version 
of the Preliminary Decision Memorandum can be accessed at http://trade.gov/enforcement/. The signed Preliminary Decision Memorandum and 
the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of Review

    The Department has preliminarily determined that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
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Golden Dragon Precise Copper Tube Group, Inc., Hong Kong            3.55
 GD Trading Co., Ltd., and Golden Dragon Holding (Hong
 Kong) International, Ltd...............................
Hong Kong Hailiang Metal Trading Limited, Zhejiang                  3.55
 Hailiang Co., Ltd., and Shanghai Hailiang Copper Co.,
 Ltd....................................................
PRC-Wide Entity \4\.....................................           60.85
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Disclosure and Public Comment

    The Department will disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit written comments no later than 30 days 
after the date of publication of these preliminary results.\5\ 
Rebuttals to written comments may be filed no later than five days 
after the written comments are filed.\6\
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    \4\ The PRC-Wide Entity includes, inter alia, Shanghai Hailiang 
Metal Trading Limited, Hong Kong Hailiang Metal, China Hailiang 
Metal Trading, Foshan Hua Hong Copper Tube Co., Ltd., Guilin Lijia 
Metals Co., Ltd., Sinochem Ningbo Import & Export Co., Ltd., 
Sinochem Ningbo Ltd., Taicang City Jinxin Copper Tube Co., Ltd., 
Ningbo Jintian Copper Tube Co., Ltd., Zhejiang Jiahe Pipes Inc., and 
Zhejiang Naile Copper Co., Ltd.
    \5\ See 19 CFR 351.309(c).
    \6\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\7\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\8\
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    \7\ See 19 CFR 351.310(c).
    \8\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this 
administrative review, which will include the results of its analysis 
of issues raised in any written comments, within 120 days of 
publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for 
submission of publicly available information to value factors of 
production under 19 CFR 351.408(c) is 20 days after the date of 
publication of the preliminary results. In accordance with 19 CFR 
351.301(c)(1), if an interested party submits factual information less 
than ten days before, on, or after (if the Department has extended the 
deadline) the applicable deadline for submission of such factual 
information, an interested party may submit factual information to 
rebut, clarify, or correct the factual information no later than ten 
days after such factual information is served on the interested party. 
However, if the deadline for submission of surrogate value information 
has passed, the Department generally will not accept additional or 
alternative surrogate value information not previously on the 
record.\9\ Furthermore, the Department generally will not accept 
business proprietary information in either the surrogate value 
submissions or the rebuttals thereto, as the regulation regarding the 
submission of surrogate values allows only for the submission of 
publicly available information.\10\
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    \9\ See, e.g., Glycine from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Final 
Rescission, in Part, 72 FR 58809 (October 17, 2007), and 
accompanying Issues and Decision Memorandum at Comment 2.
    \10\ See 19 CFR 351.301(c)(3).
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Assessment Rates

    Upon issuing the final results of the review, the Department shall 
determine, and U.S. Customs and Border Protection (``CBP'') shall 
assess, antidumping duties on all appropriate entries. The Department 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of the final results of review. For any individually 
examined respondents whose weighted-average dumping margin is not zero 
or de minimis (i.e., less than 0.5 percent), the Department will 
calculate importer-specific ad valorem duty assessment rates based on 
the ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1).\11\
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    \11\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
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    The Department will instruct CBP to assess antidumping duties on 
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review 
is not zero or de minimis. Where either the respondent's weighted-
average dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, the Department will instruct CBP 
to liquidate the appropriate entries without regard to antidumping 
duties.
    The Department recently announced a refinement to its assessment 
practice in NME cases. 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 PRC-wide rate. 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

[[Page 69822]]

number (i.e., at that exporter's rate) will be liquidated at the PRC-
wide rate.\12\
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    \12\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
antidumping duties.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided 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 60.85 percent, which is 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 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 serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 CBP assessing double 
antidumping duties based on the Department's presumption that 
antidumping duties were reimbursed.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.

    Dated: November 14, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Affiliation and Collapsing
2. Separate Rate
3. Rate for Non-Examined, Separate Rate Respondents
4. PRC-Wide Entity
5. Use of Facts Available and Adverse Facts Available
6. Surrogate Country
7. Date of Sale
8. Fair Value Comparisons
9. Determination of Comparison Method
10. Export Price
11. Constructed Export Price
12. Normal Value
13. Factor Valuations
14. Duty Absorption
15. Currency Conversion

[FR Doc. 2013-27971 Filed 11-20-13; 8:45 am]
BILLING CODE 3510-DS-P