[Federal Register Volume 79, Number 81 (Monday, April 28, 2014)]
[Notices]
[Pages 23324-23326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09608]


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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 of Antidumping Duty Administrative Review; 
2011-2012

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

SUMMARY: On November 21, 2013, the Department of Commerce (``the 
Department'') published its Preliminary Results of the 2011-2012 
administrative review of the antidumping duty order on seamless refined 
copper pipe and tube (``copper pipe'') from the People's Republic of 
China (``PRC'').\1\ The period of review (``POR'') is November 1, 2011 
through October 31, 2012. We invited parties to comment on our 
Preliminary Results. Based on our analysis of the comments received, we 
made certain changes to our margin calculations for the mandatory 
respondent Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD 
Trading Co., Ltd., and Golden Dragon Holding (Hong Kong) International, 
Ltd. (collectively, ``Golden Dragon''). The final weighted-average 
dumping margins for this

[[Page 23325]]

review are listed in the ``Final Results'' section below.
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    \1\ See Seamless Refined Copper Pipe and Tube From the People's 
Republic of China: Preliminary Results and Partial Rescission of 
Administrative Review; 2011-2012, 78 FR 69820 (November 21, 2013) 
(``Preliminary Results'').

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DATES: Effective Date: April 28, 2014.

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.

Background

    On November 21, 2013, the Department published its Preliminary 
Results. On December 30, 2013, Cerro Flow Products, LLC, Wieland Copper 
Products, LLC, Mueller Copper Tube Products Inc., and Mueller Copper 
Tube Company, Inc. (collectively, ``Petitioners''), Golden Dragon, and 
Hong Kong Hailiang Metal Trading Limited, Zhejiang Hailiang Co., Ltd., 
and Shanghai Hailiang Copper Co., Ltd. (collectively, ``Hailiang'') 
each submitted a case brief.\2\ On January 6, 2014, Petitioners and 
Golden Dragon each submitted a rebuttal case brief.\3\ On March 6, 
2014, the Department extended the deadline for the final results in 
this administrative review until April 8, 2014.\4\ On April 3, 2014, 
the Department further extended this deadline until April 22, 2014.\5\
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    \2\ See Letter from Petitioners, ``In the Matter of: 2011-12 
Administrative Review Of The Antidumping Duty Order On Seamless 
Refined Copper Pipe And Tube From The People's Republic Of China: 
Petitioners' Case Brief,'' dated December 30, 2013; Letter from 
Hailiang, ``Re: Hailiang Case Brief: Second Administrative Review of 
the Antidumping Duty Order on Seamless Refined Copper Pipe and Tube 
(``Copper Pipe'') from the People's Republic of China (``PRC''),'' 
dated December 30, 2013; Letter from Golden Dragon, ``Re: Golden 
Dragon's Case Brief,'' dated December 30, 2013.
    \3\ See Letter from Petitioners, ``In the Matter of: 2011-12 
Administrative Review Of The Antidumping Duty Order On Seamless 
Refined Copper Pipe And Tube From The People's Republic Of China: 
Petitioners' Rebuttal Brief,'' dated January 6, 2014 (resubmitted at 
the request of the Department on February 28, 2014); Letter from 
Golden Dragon, ``Re: Golden Dragon's Rebuttal Brief,'' dated January 
6, 2014.
    \4\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Seamless Refined Copper Pipe and Tube from the People's Republic 
of China: Extension of Deadline for Final Results of Antidumping 
Duty Administrative Review,'' (March 6, 2014).
    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Seamless Refined Copper Pipe and Tube from the People's Republic 
of China: Extension of Deadline for Final Results of the Second 
Antidumping Duty Administrative Review,'' (April 3, 2014).
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Scope of the 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.\6\
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    \6\ For a complete description of the scope of this 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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Withdrawals of Administrative Review Requests

    Administrative reviews were also requested for Shanghai Hailiang 
Metal Trading Limited and Hong Kong Hailiang Metal, companies named in 
the Initiation Notice,\7\ and those requests were timely withdrawn 
pursuant to 19 CFR 351.213(d)(1). However, we are not rescinding the 
reviews for these two companies because they do not have a separate 
rate and, therefore, each remains part of the PRC-wide entity, which is 
subject to this administrative review.
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    \7\ 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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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Memorandum from James Maeder, 
Director, Office II, Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Decision Memorandum for the Final Results of Antidumping Duty 
Administrative Review: Seamless Refined Copper Pipe and Tube from the 
People's Republic of China; 2011-2012,'' issued concurrently with, and 
hereby adopted by, this notice (``Issues and Decision Memorandum''). A 
list of the issues that parties raised and to which we responded in the 
Issues and Decision Memorandum follows as an appendix to this notice. 
The Issues and 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 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 Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The paper 
copy and electronic version of the Issues and Decision Memorandum are 
identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made revisions 
to the margin calculations for Golden Dragon.\8\ Specifically, we 
revised the appropriate comparison method to calculate Golden Dragon 
weighted-average dumping margin due to an adjustment in our 
differential pricing analysis.
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    \8\ See Issues and Decision Memorandum issued concurrently with 
these final results.
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Final Results

    We determine that the following weighted-average dumping margins 
exist for the POR:
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    \9\ 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.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
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Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD         4.50
 Trading Co., Ltd., and Golden Dragon Holding (Hong Kong)
 International, Ltd........................................
Hong Kong Hailiang Metal Trading Limited, Zhejiang Hailiang         4.50
 Co., Ltd., and Shanghai Hailiang Copper Co., Ltd..........
PRC-Wide Entity \9\........................................        60.85
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (``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 Golden Dragon, the Department calculated importer-specific 
assessment

[[Page 23326]]

rates based on the ratio of the total amount of dumping calculated for 
the importer's examined sales and the total entered value of those 
sales. We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate is not zero or de minimis (i.e., less than 0.5 
percent). Where an importer-specific assessment rate is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
    For Hailiang, the Department will instruct CBP to liquidate all 
appropriate entries at an ad valorem rate equal to Hailiang's weighted-
average dumping margin in the final results of this administrative 
review.
    The Department announced a refinement to its assessment practice in 
non-market economy (``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 rate for the NME-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 NME-wide entity.\10\
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    \10\ 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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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 Tariff Act of 1930, as amended 
(``the Act''): (1) For the exporters identified above, the cash deposit 
rate will be equal to their weighted-average dumping margin in these 
final results of review; (2) for previously investigated or reviewed 
PRC and non-PRC exporters that received a separate rate in a previously 
completed segment of this proceeding, the cash deposit rate will 
continue to be the existing exporter-specific rate; (3) for all PRC 
exporters of subject merchandise that have not been found to be 
entitled a separate rate, the cash deposit rate will be that for the 
PRC-wide entity (i.e., 60.85 percent); 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.

Disclosure

    We will disclose the calculations performed regarding these final 
results within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b).

Notification to Importers Regarding the Reimbursement of Duties

    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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Notifications to All Parties

    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 APO in accordance with 19 CFR 351.305, 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.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: April 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Scope of the Order
Determination of the Comparison Method
Discussion of the Issues
    Comment 1: Hailiang Cash Deposit and Liquidation Instructions
    Comment 2: Golden Dragon's By-Product Offset
    Comment 3: Surrogate Values for Ocean Freight
    Comment 4: Consideration of an Alternative Comparison Method in 
Administrative Reviews
    Comment 5: Differential Pricing Analysis: A Pattern of Prices 
That Differ Significantly Based on Period of Time
    Comment 6: Differential Pricing Analysis: Alternative Definition 
of Time Periods for the Cohen's d Test
    Comment 7: Surrogate Country Selection
    Comment 8: Financial Ratios
    Comment 9: Surrogate Value for Labor
Recommendation

[FR Doc. 2014-09608 Filed 4-25-14; 8:45 am]
BILLING CODE 3510-DS-P