[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:
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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