[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Notices]
[Pages 18893-18894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08358]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-885]


Phosphor Copper From the Republic of Korea: Antidumping Duty 
Order

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

SUMMARY: Based on an affirmative final determination by the Department 
of Commerce (``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing the antidumping duty order on 
phosphor copper from the Republic of Korea (``Korea'').

DATES: Effective April 24, 2017.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3797.

SUPPLEMENTARY INFORMATION: In accordance with section 735(d) and 
777(i)(1) of the Tariff Act of 1930, as amended (the ``Act''), and 19 
CFR 351.210(c), on March 3, 2017, the Department published its 
affirmative final determination in the less than fair value (``LTFV'') 
investigation of phosphor copper from Korea.\1\ On April 17, 2017, the 
ITC notified the Department of its final determination pursuant to 
section 735(d) of the Act, that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act by reason of LTFV imports of phosphor copper from Korea.\2\
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    \1\ See Phosphor Copper from the Republic of Korea: Final 
Affirmative Determination of Sales at Less Than Fair Value and 
Negative Final Determination of Critical Circumstances, 82 FR 12433 
(March 3, 2017) (``Final Determination'').
    \2\ See Letter to Ronald Lorentzen, Acting Assistant Secretary 
of Commerce for Enforcement and Compliance, from Rhonda K 
Schmidtlein, Chairman of the U.S. International Trade Commission, 
regarding phosphor copper from the Republic of Korea (April 17, 
2017) (``ITC Letter'').
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Scope of the Order

    The merchandise covered by the order is master alloys \3\ of copper 
containing between five percent and 17 percent phosphorus by nominal 
weight, regardless of form (including but not limited to shot, pellet, 
waffle, ingot, or nugget), and regardless of size or weight. Subject 
merchandise consists predominantly of copper (by weight), and may 
contain other elements, including but not limited to iron (Fe), lead 
(Pb), or tin (Sn), in small amounts (up to one percent by nominal 
weight). Phosphor copper is frequently produced to JIS H2501 and ASTM 
B-644, Alloy 3A standards or higher; however, merchandise covered by 
the order includes all phosphor copper, regardless of whether the 
merchandise meets, fails to meet, or exceeds these standards.
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    \3\ A ``master alloy'' is a base metal, such as copper, to which 
a relatively high percentage of one or two other elements is added.
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    Merchandise covered by the order is currently classified in the 
Harmonized

[[Page 18894]]

Tariff Schedule of the United States (``HTSUS'') under subheading 
7405.00.1000. This HTSUS subheading is provided for convenience and 
customs purposes; the written description of the scope of the order is 
dispositive.

Antidumping Duty Order

    On April 17, 2017, in accordance with sections 735(b)(1)(A)(i) and 
735(d) of the Act, the ITC notified the Department of its final 
determination in this investigation, in which it found that imports of 
phosphor copper from Korea are materially injuring a U.S. industry.\4\ 
Therefore, in accordance with section 735(c)(2) of the Act, we are 
publishing this antidumping duty order.
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    \4\ See ITC Letter.
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    Because the ITC determined that imports of phosphor copper from 
Korea are materially injuring a U.S. industry, unliquidated entries of 
such merchandise from Korea, entered or withdrawn for consumption, are 
subject to the assessment of antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (``CBP'') to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of phosphor copper from Korea. 
Antidumping duties will be assessed on unliquidated entries of phosphor 
copper entered, or withdrawn from warehouse, for consumption on or 
after October 14, 2016, the date on which the Department published the 
Preliminary Determination,\5\ but will not include entries occurring 
after the expiration of the provisional measures period and before 
publication of the ITC's final injury determination, as further 
described below.
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    \5\ See Phosphor Copper from the Republic of Korea: Affirmative 
Preliminary Determination of Sales at Less-Than-Fair Value, Negative 
Preliminary Determination of Critical Circumstances, 81 FR 71049 
(October 14, 2016) (``Preliminary Determination'').
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on entries of subject 
merchandise from Korea. These instructions suspending liquidation will 
remain in effect until further notice.
    We will also instruct CBP to require cash deposits equal to the 
estimated weighted-average dumping margins indicated in the chart 
below. Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
subject merchandise, a cash deposit at the rates listed below.\6\ The 
``all others'' rate applies to all producers or exporters not 
specifically listed.
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    \6\ See section 736(a)(3) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of Bongsan Co., Ltd., the sole mandatory 
respondent in this investigation, the Department extended the four-
month period to six months.\7\ In the underlying investigation, the 
Department published the Preliminary Determination on October 14, 
2016.\8\ Therefore, the six-month period beginning on the date of the 
publication of the Preliminary Determination ended on April 11, 2017. 
Furthermore, section 737(b) of the Act states that definitive duties 
are to begin on the date of publication of the ITC's final injury 
determination.
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    \7\ See Phosphor Copper from the Republic of Korea: Postponement 
of Final Determination of Sales at Less-Than-Fair Value, 81 FR 74763 
(October 27, 2016) (``Postponement of Final Determination'').
    \8\ See Preliminary Determination.
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of phosphor copper entered, or withdrawn from 
warehouse, for consumption after April 11, 2017, the date the 
provisional measures expired, and through the day preceding the date of 
publication of the ITC's final injury determination in the Federal 
Register.

Estimated Weighted-Average Dumping Margins

    The Department determines that the estimated final weighted-average 
dumping margins are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              Average
                    Exporter/producer                         dumping
                                                              margin
                                                             (percent)
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Bongsan Co., Ltd........................................            8.43
All Others..............................................            8.43
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Notification to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
phosphor copper from Korea, pursuant to section 736(a) of the Act. 
Interested parties can find a list of antidumping duty orders currently 
in effect at http://www.trade.gov/enforcement/.
    This order is issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: April 20, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-08358 Filed 4-21-17; 8:45 am]
 BILLING CODE 3510-DS-P