[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.
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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