[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Notices]
[Pages 27688-27690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12525]


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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: Final Results of Antidumping Duty Administrative Review; 
2014-2015

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

SUMMARY: On December 14, 2016, the Department of Commerce (the 
Department) published in the Federal Register the preliminary results 
of the 2014-2015 administrative review of the antidumping duty order on 
seamless refined copper pipe and tube from the People's Republic of 
China (PRC). The period of review (POR) is November 1, 2014, through 
October 31, 2015. The review covers two mandatory respondents, the 
Hailiang Single Entity and the Golden Dragon (GD) Single Entity. We 
invited parties to comment on our preliminary results. Based on our 
analysis of the comments received, we made certain changes to the 
margin calculation for the Hailiang Single Entity. Interested parties 
did not comment on our margin calculation for the GD Single Entity, and 
we continue to find that the GD Single Entity did not sell subject 
merchandise in the United States at less than normal value during the 
POR. The final weighted-average dumping margins for this review are 
listed in the ``Final Results of Administrative Review'' section, 
below.

DATES:  Effective June 16, 2017.

FOR FURTHER INFORMATION CONTACT: Drew Jackson and Stephen Bailey, 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) 482-4406 and (202) 
482-0193, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 14, 2016, the Department published its Preliminary 
Results in the Federal Register, and invited interested parties to 
comment on those results.\1\ The review covers two mandatory 
respondents the Hailiang Single Entity \2\ and the GD Single Entity.\3\ 
On January 13, 2017, Hailiang \4\ timely filed a case brief and request 
for an administrative hearing.\5\ On January 18, 2017, the petitioners 
\6\ timely filed a rebuttal brief.\7\ On May 19, 2017, Hailiang 
withdrew its request for an administrative hearing.\8\ On May 24, 2017, 
Department officials met with counsel for Hailiang.\9\ On March 20, 
2017, in accordance with section 751(a)(3)(A) of the Tariff Act of 
1930, as amended (the Act), the Department extended the period for 
issuing the final results of this review by 60 days.\10\ The

[[Page 27689]]

revised deadline for these final results of review is June 12, 2017.
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    \1\ See Seamless Refined Copper Pipe and Tube from the People's 
Republic of China: Preliminary Results of Administrative Review; 
2014-2015, 81 FR 90322 (December 14, 2016) (Preliminary Results), 
and accompanying Preliminary Decision Memorandum. On December 27, 
2016, a duplicate version of the Preliminary Results was published 
in the Federal Register as the result of a clerical error. See 
Seamless Refined Copper Pipe and Tube from the People's Republic of 
China: Preliminary Results of Administrative Review; 2014-2015, 81 
FR 95110 (December 27, 2016). These two publications are identical 
in content.
    \2\ The Hailiang Single Entity includes the following companies: 
(1) Hong Kong Hailiang Metal Trading Limited/(2) Zhejiang Hailiang 
Co., Ltd./(3) Shanghai Hailiang Copper Co., Ltd./and (4) Hailiang 
(Anhui) Copper Co., Ltd., (collectively, Hailiang Single Entity). 
See Preliminary Results, 81 FR at 95112.
    \3\ The GD Single Entity includes the following companies: (1) 
Golden Dragon Precise Copper Tube Group, Inc./(2) Golden Dragon 
Holding (Hong Kong) International Co., Ltd./(3) Hong Kong GD Trading 
Co., Ltd./(4) Shanghai Longyang Precise Copper Compound Copper Tube 
Co., Ltd./(5) Jiangsu Canghuan Copper Industry Co., Ltd./(6) 
Guangdong Longfeng Precise Copper Tube Co., Ltd./(7) Wuxi Jinlong 
Chuancun Precise Copper Tube Co., Ltd./(8) Longkou Longpeng Precise 
Copper Tube Co., Ltd./(9) Xinxiang Longxiang Precise Copper Tube 
Co., Ltd./(10) Coaxian Ailun Metal Processing Co., Ltd./and (11) 
Chonqing Longyu Precise Copper Tube Co., Ltd. See Preliminary 
Results, 81 FR at 95112.
    \4\ The respondent's submissions in this administrative review 
are filed on behalf of Hong Kong Hailiang Metal Trading Limited/
Zhejiang Hailiang Co., Ltd./and Shanghai Hailiang Copper Co., Ltd. 
(collectively, Hailiang).
    \5\ See Hailiang's Case Brief, ``Hailiang's Administrative Case 
Brief and Request for Administrative Hearing Administrative Review 
of the Antidumping Order on Seamless Refined Copper Pipe & Tube from 
the People's Republic of China,'' dated January 13, 2017.
    \6\ The petitioners in this administrative review are the Ad Hoc 
Coalition for Domestically Produced Seamless Refined Copper Pipe and 
Tube, and its individual members, Cerro Flow Products, LLC, Wieland 
Copper Products, LLC, Mueller Copper Tube Products, Inc., and 
Mueller Copper Tube Company, Inc.
    \7\ See Petitioners' Rebuttal Brief, ``Seamless Refined Copper 
Pipe and Tube from China: Petitioner's Rebuttal Brief,'' dated 
January 18, 2017.
    \8\ See Letter to Hon. Wilbur L. Ross, Secretary of Commerce, 
from Hailiang, concerning, ``Hailiang's Request for Ex-Parte Meeting 
and Withdrawal of Hearing Request in the Administrative Review of 
the Antidumping Order on Seamless Refined Copper Pipe & Tube from 
the People's Republic of China (A-570-964),'' dated May 19, 2017.
    \9\ See Memorandum, ``2014-2015 Administrative Review of the 
Antidumping Duty Order on Seamless Refined Copper Pipe and Tube from 
the People's Republic of China: Meeting with Counsel for Hong Kong 
Hailiang Metal Trading Limited/Zhejiang Hailiang Co., Ltd./and 
Shanghai Hailiang Copper Co., Ltd.,'' dated May 25, 2017.
    \10\ See Letter to Hon. Wilbur L. Ross, Secretary of Commerce, 
from Hailiang, concerning, ``2014-2015 Administrative Review of the 
Antidumping Duty Order on Seamless Refined Copper Pipe and Tube from 
the People's Republic of China: Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review,'' dated March 20, 
2017.
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Scope of the Order

    The merchandise subject to the order is seamless refined copper 
pipe and tube. The product is currently classified under Harmonized 
Tariff Schedule of the United States (HTSUS) item numbers 7411.10.1030 
and 7411.10.1090. Products subject to this order may also enter under 
HTSUS item numbers 7407.10.1500, 7419.99.5050, 8415.90.8065, and 
8415.90.8085. Although the HTSUS numbers are provided for convenience 
and customs purposes, the written description of the scope of this 
order remains dispositive.\11\
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    \11\ See Issues and Decision Memorandum for a complete 
description of the Scope of the Order.
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Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Act. Export prices and constructed export prices 
have been calculated in accordance with section 772 of the Act. Because 
the PRC is a non-market economy within the meaning of section 771(18) 
of the Act, normal value has been calculated in accordance with section 
773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, please see Issues and Decision Memorandum.\12\ The Issues 
and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov, and 
is available to all parties in the Central Records Unit, room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed paper copy and 
electronic version of the Issues and Decision Memorandum are identical 
in content.
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    \12\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2014-2015 Administrative Review of the 
Antidumping Duty Order on Seamless Refined Copper Pipe and Tube from 
the People's Republic of China,'' dated concurrently with and hereby 
adopted by this notice, (Issues and Decision Memorandum). A list of 
topics discussed in the Issues and Decision Memorandum is provided 
in the Appendix to this notice.
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made the 
following revisions to the margin calculation for the Hailiang Single 
Entity:
     We revised our calculation of the inland freight (i.e., 
truck freight) surrogate value; \13\
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    \13\ See Issues and Decision Memorandum at Comment 3; see also 
Memorandum, ``2014-2015 Antidumping Duty Administrative Review of 
Seamless Refined Copper Pipe and Tube from the People's Republic of 
China: Analysis Memorandum for the Hailiang Single Entity,'' dated 
concurrently with this decision memorandum (Hailiang Final Analysis 
Memorandum).
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     We revised the calculation of packing labor; \14\
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    \14\ Id. at Comment 4-A; see also Hailiang Final Analysis 
Memorandum.
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     We revised the calculation of the recycled copper by-
product; \15\
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    \15\ Id. at Comment 4-B; see also Hailiang Final Analysis 
Memorandum.
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     We revised the calculation of cathode copper; \16\ and
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    \16\ Id. at Comment 4-C; see also Hailiang Final Analysis 
Memorandum.
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     We corrected the date of sale variable.\17\
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    \17\ Id. at Comment 4-D; see also Hailiang Final Analysis 
Memorandum.
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Final Results of Administrative Review

    We determine that the following weighted-average dumping margins 
exist for the POR:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                              dumping
                                                              margins
                                                             (percent)
------------------------------------------------------------------------
Golden Dragon Precise Copper Tube Group, Inc./Golden                0.00
 Dragon Holding (Hong Kong) International Co., Ltd./Hong
 Kong GD Trading Co., Ltd./Shanghai Longyang Precise
 Copper Compound Copper Tube Co., Ltd./Jiangsu Canghuan
 Copper Industry Co., Ltd./Guangdong Longfeng Precise
 Copper Tube Co., Ltd./Wuxi Jinlong Chuancun Precise
 Copper Tube Co., Ltd./Longkou Longpeng Precise Copper
 Tube Co., Ltd./Xinxiang Longxiang Precise Copper Tube
 Co., Ltd./Coaxian Ailun Metal Processing Co., Ltd./
 Chonqing Longyu Precise Copper Tube Co., Ltd...........
Hong Kong Hailiang Metal Trading Limited/Zhejiang                   0.00
 Hailiang Co., Ltd./Shanghai Hailiang Copper Co., Ltd./
 Hailiang (Anhui) Copper Co., Ltd.......................
------------------------------------------------------------------------

    Because no party requested a review of the PRC-wide entity and the 
Department no longer considers the PRC-wide entity as an exporter 
conditionally subject to administrative reviews,\18\ we did not conduct 
a review of the PRC-wide entity. Thus, the weighted-average dumping 
margin for the PRC-wide entity (i.e., 60.85 percent) \19\ is not 
subject to change as a result of this review.
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    \18\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November 
4, 2013).
    \19\ See Seamless Refined Copper Pipe and Tube From the People's 
Republic of China: Final Determination of Sales at Less Than Fair 
Value, 75 FR 60725 (October 1, 2010).
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Assessment

    Pursuant to section 751(a)(2)(C) 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 covered by this review. The Department intends to 
issue assessment instructions to CBP 15 days after the publication date 
of the final results of this review.
    For the companies listed above, which comprise the GD Single Entity 
and the Hailiang Single Entity, the weighted-average dumping margins 
are zero. Therefore, we will instruct CBP to liquidate the appropriate 
entries for these companies without regard to antidumping duties.
    For the PRC-wide entity, the Department will instruct CBP to 
liquidate all appropriate entries at an assessment rate for antidumping 
duties equal to the weighted-average dumping margin listed above in the 
Final Results of Administrative Review section.
    For entries that were not reported in the U.S. sales databases 
submitted by companies individually examined during this review, the 
Department will

[[Page 27690]]

instruct CBP to liquidate such entries at the PRC-wide rate.\20\
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    \20\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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    The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future cash deposits of 
estimated antidumping duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For the exporters 
identified above, the cash deposit rate will be zero; (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, 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 
requirements, when imposed, shall remain in effect until further 
notice.

Disclosure

    We intend to disclose the calculations performed for these final 
results within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b).

Notification to Importers Regarding the 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.

Notifications to All Parties

    This notice also serves as a final 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(a)(3), 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.
    We are issuing and publishing these final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i) of 
the Act and 19 CFR 351.213 and 19 CFR 351.221(b)(5).

    Dated: June 12, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: International Freight Surrogate Value
    Comment 2: Irrecoverable Value-Added Tax Adjustment
    Comment 3: Truck Freight Surrogate Value
    Comment 4: Preliminary Margin Calculation Clerical Errors
    A. Treatment of Packing Labor
    B. Calculation of By-Product
    C. Copper Cathode Calculation
    D. Date of Sale Variable
V. Recommendation

[FR Doc. 2017-12525 Filed 6-15-17; 8:45 am]
 BILLING CODE 3510-DS-P