[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Notices]
[Pages 93664-93665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30653]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-964; A-201-838]


Seamless Refined Copper Pipe and Tube from the People's Republic 
of China and Mexico: Continuation of Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(the ``ITC'') that revocation of the antidumping duty (``AD'') orders 
on seamless refined copper pipe and tube (``copper pipe and tube'') 
from the People's Republic of China (``PRC'') and Mexico would likely 
lead to a continuation or recurrence of dumping and material injury to 
an industry in the United States, the Department is publishing this 
notice of continuation of the AD orders.

DATES: Effective December 21, 2016.

FOR FURTHER INFORMATION CONTACT: Robert Galantucci, 202-482-2923, AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    On November 22, 2010, the Department published the AD orders on 
copper pipe and tube from the PRC and Mexico.\1\ On October 1, 2015, 
the Department initiated \2\ and the ITC instituted \3\ five-year 
(sunset) reviews of the Orders, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the ``Act''). As a result of its 
reviews, the Department determined that revocation of the Orders would 
likely lead to continuation or recurrence of dumping.\4\ The 
Department, therefore, notified the ITC of the magnitude of the dumping 
margins likely to prevail should the Orders be revoked.\5\ On December 
8, 2016, the ITC published its determination that revocation of the 
Orders would likely lead to continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time, pursuant to section 751(c) of the Act.\6\
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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) (``Orders'').
    \2\ See Initiation of Five-Year (``Sunset'') Review, 80 FR 59133 
(October 1, 2015).
    \3\ See Seamless Refined Copper Pipe and Tube from China and 
Mexico; Institution of Five-Year Reviews, 80 FR 59186 (October 1, 
2015).
    \4\ See Seamless Refined Copper Pipe and Tube from the People's 
Republic of China and Mexico: Preliminary Results of the Sunset 
Reviews of the Antidumping Duty Orders, 81 FR 4252 (January 26, 
2016) and accompanying Preliminary Decision Memorandum; Seamless 
Refined Copper Pipe and Tube from the People's Republic of China and 
Mexico: Final Results of the Full Sunset Reviews of the Antidumping 
Duty Orders, 81 FR 38134 (June 13, 2016).
    \5\ Id.
    \6\ See Seamless Refined Copper Pipe and Tube From China and 
Mexico; Determination, 81 FR 88704 (December 8, 2016).
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Scope of the Orders

    For the purpose of the Orders, the products covered are all 
seamless circular refined copper pipes and tubes, including redraw 
hollows, greater than or equal to six inches (152.4 mm) in length and 
measuring less than 12.130 inches (308.102 mm) (actual) in outside 
diameter (``OD''), regardless of wall thickness, bore (e.g., smooth, 
enhanced with inner grooves or ridges), manufacturing process (e.g., 
hot finished, cold-drawn, annealed), outer surface (e.g., plain or 
enhanced with grooves, ridges, fins, or gills), end finish (e.g., plain 
end, swaged end, flared end, expanded end, crimped end, threaded), 
coating (e.g., plastic, paint), insulation, attachments (e.g., plain, 
capped, plugged, with compression or other fitting), or physical 
configuration (e.g., straight, coiled, bent, wound on spools).
    The scope of the Orders covers, but is not limited to, seamless 
refined copper pipe and tube produced or comparable to the American 
Society for Testing and Materials (``ASTM'') ASTM-B42, ASTM-B68, ASTM-
B75, ASTM-B88, ASTM-B88M, ASTM-B188, ASTM-B251, ASTM-B251M, ASTM-B280, 
ASTM-B302, ASTM-B306, ASTM-359, ASTM-B743, ASTM-B819, and ASTM-B903 
specifications and meeting the physical parameters described therein. 
Also included within the scope of the Orders are all sets of covered 
products, including ``line sets'' of seamless refined copper tubes 
(with or without fittings or insulation) suitable for connecting an 
outdoor air conditioner or heat pump to an indoor evaporator unit. The 
phrase ``all sets of covered products'' denotes any combination of 
items put up for sale that is comprised of merchandise subject to the 
scope.
    ``Refined copper'' is defined as: (1) Metal containing at least 
99.85 percent by weight of copper; or (2) metal containing at least 
97.5 percent by weight of copper, provided that the content by weight 
of any other element does not exceed the following limits:

------------------------------------------------------------------------
                                                             Limiting
                                                              Content
                         Element                            Percent by
                                                              Weight
------------------------------------------------------------------------
Ag--Silver..............................................            0.25
As--Arsenic.............................................             0.5
Cd--Cadmium.............................................             1.3
Cr--Chromium............................................             1.4
Mg--Magnesium...........................................             0.8
Pb--Lead................................................             1.5
S--Sulfur...............................................             0.7
Sn--Tin.................................................             0.8
Te--Tellurium...........................................             0.8
Zn--Zinc................................................             1.0
Zr--Zirconium...........................................             0.3
Other elements (each)...................................             0.3
------------------------------------------------------------------------

    Excluded from the scope of the Orders are all seamless circular 
hollows of refined copper less than 12 inches in length whose OD 
(actual) exceeds its length. The products subject to the Orders 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 Orders 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 Orders is 
dispositive.

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of the Orders would likely lead to continuation or 
recurrence of

[[Page 93665]]

dumping and material injury to an industry in the United States, 
pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), the 
Department hereby orders the continuation of the AD orders on copper 
pipe and tube from the PRC and Mexico. United States Customs and Border 
Protection will continue to collect AD cash deposits at the rates in 
effect at the time of entry for all imports of subject merchandise.
    The effective date of the continuation of the Orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next five-year reviews of the Orders not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.
    These five-year sunset reviews and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: December 14, 2016.
Paul Piquado,
Assistant Secretary, for Enforcement and Compliance.
[FR Doc. 2016-30653 Filed 12-20-16; 8:45 am]
 BILLING CODE 3510-DS-P