[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Notices]
[Page 17188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07105]


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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: Notice of Court Decision Not in Harmony With the Final 
Results of the Antidumping Duty Administrative Review; 2012-2013

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

SUMMARY: On March 22, 2017, the United States Court of International 
Trade (``CIT'') issued its final judgment in litigation pursuant to the 
third antidumping duty administrative review of seamless refined copper 
pipe and tube from the People's Republic of China, sustaining the final 
results of remand redetermination pursuant to court order by the 
Department of Commerce (``the Department''). The Department is 
notifying the public that the final judgment in this case is not in 
harmony with the Department's final results of the antidumping 
administrative review, and the Department is amending those final 
results with respect to the weighted-average dumping margin assigned to 
Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD Trading 
Co., Ltd., and Golden Dragon Holding (Hong Kong) International, Ltd. 
(collectively, ``Golden Dragon'').

DATES: Effective Date: April 3, 2017.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations, 
Office IV, Enforcement and Compliance--International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone (202) 482-2769.

SUPPLEMENTARY INFORMATION: 

Background

    On June 15, 2015, the Department published the Final Results.\1\ On 
June 24, 2015, Golden Dragon, the respondent in the underlying 
proceeding, timely filed a complaint with the CIT to challenge certain 
aspects of the Final Results. On July 21, 2016, the CIT remanded the 
Final Results to the Department to further explain or reconsider the 
application of the value-added tax (``VAT'') adjustment to the export 
price of Golden Dragon.\2\ On February 7, 2017, the Department issued 
its Remand Results, in which the Department determined that all of the 
copper cathode inputs used by Golden Dragon in the production of 
subject merchandise were VAT-exempt.\3\
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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; 2012-2013, 80 FR 32087 (June 5, 2015) (``Final Results'').
    \2\ See Golden Dragon Precise Copper Tube Group, Inc., Hong Kong 
GD Trading Co., Ltd., Golden Dragon Holding (Hong Kong) 
International, Ltd., and GD Copper (U.S.A.) Inc., v. United States, 
Slip Op. 16-73, Court No. 15-00177 (CIT 2016) .
    \3\ See Final Results of Redetermination Pursuant to Court 
Order, Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD 
Trading Co., Ltd., Golden Dragon Holding (Hong Kong) International, 
Ltd., and GD Copper (U.S.A.) Inc., v. United States, Consol. Court 
No. 15-00177 (February 7, 2017) (``Remand Results'').
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    On March 22, 2017, the CIT sustained the Department's Remand 
Results, and entered final judgment.\4\
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    \4\ See Golden Dragon Precise Copper Tube Group, Inc., Hong Kong 
GD Trading Co., Ltd., Golden Dragon Holding (Hong Kong) 
International, Ltd., and GD Copper (U.S.A.) Inc., v. United States, 
Slip Op. 17-29, Court No. 15-00177 (CIT 2017) .
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Timken Notice

    In its decision in Timken Co. v. United States, 893 F.2d 337 (Fed. 
Cir. 1990) (``Timken''), as clarified by Diamond Sawblades Mfrs. 
Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond 
Sawblades''), the Court of Appeals for the Federal Circuit held that, 
pursuant to section 516A(e) of the Tariff Act of 1930, as amended 
(``the Act''), the Department must publish a notice of a court decision 
that is not ``in harmony'' with a Department determination, and must 
suspend liquidation of entries pending a ``conclusive'' court decision. 
The CIT's March 22, 2017, judgment sustaining the Department's Remand 
Results constitutes a final decision of that court that is not in 
harmony with the Department's Final Results. This notice is published 
in fulfillment of the publication requirements of Timken. Accordingly, 
the Department will continue the suspension of liquidation of the 
subject merchandise pending the expiration of the period of appeal, or 
if appealed, pending a final and conclusive court decision.

Amended Final Results

    Because there is now a final court decision, the Department is 
amending its Final Results with respect to Golden Dragon's weighted-
average dumping margin. The revised weighted-average dumping margin for 
Golden Dragon during the period November 1, 2012, through October 31, 
2013, is as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                              margin (%)
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Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD         6.09
 Trading Co., Ltd., and Golden Dragon Holding (Hong Kong)
 International, Ltd.........................................
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    In the event the CIT's ruling is not appealed or, if appealed, is 
upheld by a final and conclusive court decision, the Department will 
instruct the U.S. Customs and Border Protection to assess antidumping 
duties on unliquidated entries of subject merchandise based on the 
revised rate calculated by the Department in the Remand Results, and 
listed above.

Cash Deposit Requirements

    Because there have been subsequent administrative reviews for 
Golden Dragon, the cash deposit rate will remain the rate published in 
the 2013-2014 Final Results, which is 0.00 percent.\5\
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    \5\ See Seamless Refined Copper Pipe and Tube from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2013-2014, 81 FR 39893, 39894 (June 20, 2016).
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    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 4, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-07105 Filed 4-7-17; 8:45 am]
 BILLING CODE 3510-DS-P