[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Notices]
[Pages 47091-47093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19056]


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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: Amended Final Results of Antidumping Duty Administrative 
Review; 2011-2012

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

SUMMARY: The Department of Commerce (``the Department'') is amending 
the final 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'') to 
correct a ministerial error.\1\ The period of review (``POR'') is

[[Page 47092]]

November 1, 2011 through October 31, 2012.
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    \1\ See Seamless Refined Copper Pipe and Tube From the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2011-2012, 79 FR 23324 (April 28, 2014) (``Final Results''), 
and accompanying Issues and Decision Memorandum (``I&D Memo'').

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DATES: Effective Date: August 12, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On April 22, 2014, the Department disclosed to interested parties 
its calculations for the Final Results.\2\ On April 28, 2014, we 
received ministerial error comments from Golden Dragon.\3\ On May 1, 
2014, we received ministerial error rebuttal comments from 
Petitioners.\4\ No other interested party submitted comments.
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    \2\ The interested parties include: Cerro Flow Products, LLC, 
Wieland Copper Products, LLC, Mueller Copper Tube Products Inc., and 
Mueller Copper Tube Company, Inc. (collectively, ``Petitioners''), 
and Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD 
Trading Co., Ltd., and Golden Dragon Holding (Hong Kong) 
International, Ltd. (collectively, ``Golden Dragon'').
    \3\ See Letter from Golden Dragon to the Honorable Penny 
Pritzker, ``Re: Seamless Steel Copper Pipe and Tube from the 
People's Republic of China (11/1/11-10/31/12); Ministerial Error 
Allegation with respect to the Final Determination for Golden 
Dragon,'' dated April 28, 2014.
    \4\ See Letter from Petitioners to The Honorable Penny S. 
Pritzker, ``Re: Seamless Refined Copper Pipe and Tube from the 
People's Republic of China: Petitioners' Rebuttal Comments to Golden 
Dragon's Ministerial Error Allegation,'' dated May 1, 2014.
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    Before the Department could take action on the alleged ministerial 
error, both Golden Dragon and Petitioners filed a summons and complaint 
with the U.S. Court of International Trade (``CIT'') challenging the 
Final Results, which vested the CIT with jurisdiction over the 
administrative proceeding.\5\ On July 18, 2014, the CIT granted the 
Department leave to publish amended final results upon considering the 
ministerial error allegation.\6\
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    \5\ See Zenith Elecs. Corp. v. United States, 884 F.2d 556, 561-
62 (Fed. Cir. 1989).
    \6\ See Golden Dragon Precise Copper Tube Group, Inc. v. United 
States, Slip Op. 14-85, Consol. Court No. 14-00116 (Ct. Int'l Trade 
July 18, 2014).
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Scope of the Order

    For a full description of the products covered by the antidumping 
duty order, see Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, through Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations, from Abdelali 
Elouaradia, Director, Office IV, ``Antidumping Duty Administrative 
Review: Seamless Refined Copper Pipe and Tube from the People's 
Republic of China; 2011-2012: Ministerial Error Allegation 
Memorandum,'' dated concurrently with and hereby adopted by this notice 
(``Ministerial Error Memo'').

Ministerial Errors

    Section 751(h) of the Tariff Act of 1930, as amended (``the Act''), 
and 19 CFR 351.224(f) define a ``ministerial error'' as an error ``in 
addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
similar type of unintentional error which the Secretary considers 
ministerial.'' After analyzing the ministerial error comments and 
rebuttal comments, we have determined, in accordance with section 
751(h) of the Act and 19 CFR 351.224(e), that we made the following 
ministerial error in our calculations for the Final Results: we 
inadvertently did not cap Golden Dragon's reported freight distances 
for factors of production valued using import statistics pursuant to 
the rule in Sigma.\7\ For a detailed discussion of this error, as well 
as the Department's analysis, see Ministerial Error Memo.
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    \7\ See Sigma Corp. v. United States, 117 F.3d 1401, 1407-08 
(Fed. Cir. 1997) (``Sigma'').
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    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the Final Results for Golden Dragon. The revised 
weighted-average dumping margin for Golden Dragon is detailed below.

Amended Final Results of Administrative Review

    The amended weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD         4.48
 Trading Co., Ltd., and Golden Dragon Holding (Hong Kong)
 International, Ltd.........................................
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Disclosure

    We will disclose the calculations performed for these amended final 
results to interested parties within five days of the date of 
publication of this notice 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 
of subject merchandise in accordance with the amended final results of 
this review. The Department intends to issue assessment instructions to 
CBP 15 days after the publication date of the amended final results of 
this review.
    For assessment purposes, we calculated importer-specific assessment 
rates for merchandise subject to this review. We will continue to 
direct CBP to assess importer-specific assessment rates based on the 
resulting per-unit (i.e., per-kg) rates for each entry of the subject 
merchandise during the POR. Specifically, we calculated importer-
specific duty assessment rates on a per-unit rate basis by dividing the 
total amount of dumping for each importer by the total sales quantity 
of subject merchandise sold to that importer during the POR. We also 
estimated each importer's ad valorem assessment rate by dividing the 
total amount of dumping for each importer by the total estimated 
entered value of those same sales. If an estimated importer-specific ad 
valorem assessment rate is de minimis (i.e., less than 0.50 percent), 
the Department will instruct CBP to liquidate that importer entries of 
subject merchandise without regard to antidumping duties, in accordance 
with 19 CFR 351.106(c)(2).

Cash Deposit Requirements

    The following cash deposit requirements are effective as of April 
28, 2014, the date of publication of the Final Results, for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption, as provided for by section 751(a)(2)(C) of 
the Act: (1) For the exporters identified above, the cash deposit rate 
will be equal to their weighted-average dumping margin in these amended 
final results of review; (2) for previously investigated or reviewed 
PRC and non-PRC exporters not listed above 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 
published for the most recent period; (3) for all PRC exporters of 
subject merchandise that have not been found to be entitled a separate 
rate in the Final Results, 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

[[Page 47093]]

requirements, when imposed, shall remain in effect until further 
notice.

Reimbursement of Duties

    This notice also serves as a final 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 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.

Administrative Protective Orders

    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.

Notification to Interested Parties

    These amended final results are published in accordance with 
sections 751(h) and 777(i)(1) of the Act.

    Dated: August 6, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-19056 Filed 8-11-14; 8:45 am]
BILLING CODE 3510-DS-P