[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Notices]
[Pages 37058-37060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16690]
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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: Preliminary Results and Partial Rescission of the Antidumping
Duty Administrative Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that the five remaining companies under review do not
qualify for a separate rate and are, therefore, considered a part of
the People's Republic of China (PRC)-Wide Entity for their exports of
subject merchandise exported to the United States during the period of
review (POR), November 1, 2015, through October 31, 2016. If these
preliminary results are adopted in the final results, the Department
will instruct U.S. Customs and Border Protection (CBP) to assess
antidumping duties on all appropriate entries of subject merchandise
during the POR. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable August 8, 2017.
FOR FURTHER INFORMATION CONTACT: Julia Hancock or Courtney Canales, AD/
CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-1394 or (202)
482-4997, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 13, 2017, the Department published in the Federal
Register the notice of initiation of an administrative review of the
antidumping duty (AD) order on seamless refined copper pipe and tube
(copper pipe) from the PRC for the period of review November 1, 2015,
through October 31, 2016.\1\ On January 18, 2017, Hong Kong Hailiang
Metal Trading Limited (Hong Kong Hailiang), Shanghai Hailiang Copper
Co., Ltd. (Shanghai Hailiang), and Zhejiang Hailiang Co., Ltd.
(Zhejiang Hailiang) (collectively, Hailiang) notified the Department
that the spelling of each company's name in the Initiation Notice was
incorrect.\2\ Accordingly, on February 13, 2017, the Department
published in the Federal Register a revision of the notice of
initiation of the 6th administrative review of the AD order due to a
spelling error in certain companies' names.3 4 On February
24, 2017, Hailiang submitted a letter indicating it would not
participate in the review.\5\ On March 14, 2017, the petitioners \6\
timely withdrew their request for review with respect to 11
companies,\7\ but did not withdraw their request for review for the
following five companies: China Hailiang Metal Trading (China
Hailiang), Shanghai Hailiang Metal Trading Limited (Shanghai Hailiang
Trading), Hong Kong Hailiang, Shanghai Hailiang, and Zhejiang
Hailiang.\8\ Accordingly, these five companies remain under review.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 82 FR 4297 (January 13, 2017) (Initiation
Notice).
\2\ See Letter from Hailiang, ``Correct Name of Hailiang:
Administrative Review of the Antidumping Order on Seamless Refined
Copper Pipe and Tube from the People's Republic of China,'' dated
January 18, 2017 (Hailiang's Correct Name Submission).
\3\ See Initiation of Antidumping and Countervailing Duty
Reviews, 82 FR 10457 (February 13, 2017) (Revised Initiation
Notice).
\4\ In the Revised Initiation Notice, the Department initiated
on Hong Kong Hailiang Metal as the correct name identified in
Hailiang's Correct Name Submission. However, in reviewing Hailiang's
Correct Name Submission, the Department found that Hong Kong
Hailiang Metal Trading Limited (Hong Kong Hailiang) was identified
as the correct spelling for Hong Kong Hailiang. See Hailiang's
Correct Name Submission at 1.
\5\ See Letter from Hailiang, ``Hailiang Notice of Non-
Participation in Review: Administrative Review of the Antidumping
Duty Order on Seamless Refined Copper Pipe and Tube from the
People's Republic of China,'' dated February 24, 2017 (Hailiang
Notice of Non-Participation Submission).
\6\ The petitioners 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. (the petitioners).
\7\ These 11 companies are: Foshan Hua Hong Copper Tube Co.,
Ltd.; Golden Dragon Precise Copper Tube Group, Inc; Golden Dragon
Holding (Hong Kong) International Co., Ltd.; Guilin Lijia Metals
Co., Ltd.; Hong Kong GD Trading Co., Ltd.; Ningbo Jintian Copper
Tube Co., Ltd.; Sinochem Ningbo Ltd.; Sinochem Ningbo Import &
Export Co., Ltd.; Taicang City Jinxin Copper Tube Co., Ltd.;
Zhejiang Jiahe Pipes Inc.; and Zhejiang Naile Copper Co., Ltd.
\8\ See Letter from the petitioners, ``Seamless Refined Copper
Pipe and Tube from China: Partial Withdrawal of Request for
Administrative Review,'' dated March 14, 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.\9\
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\9\ For a full description of the scope of the Order, see
Memorandum from Gary Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, ``Seamless Refined Copper Pipe and Tube from the
People's Republic of China: Decision Memorandum for the Preliminary
Results of the 2015-2016 Antidumping Duty Administrative Review,''
dated concurrently with, and hereby adopted by, this Federal
Register notice (Preliminary Decision Memorandum).
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Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an
administrative review, in whole or in part, if the party or parties
that requested a review withdraws the request within 90 days of the
publication date of the notice of initiation of the requested review.
As noted above, the petitioners withdrew their request for an
administrative review with respect to 11 companies within 90 days of
the publication date of the notice of initiation. No other parties
requested an administrative review of the order with respect to these
11 companies. Therefore, in accordance with 19 CFR 351.213(d)(1), the
Department is rescinding this review of the AD order on copper pipe
from the PRC with respect to these companies.
Methodology
The Department is conducting this review in accordance with
sections 751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act). For a full description of the methodology underlying
our preliminary conclusions, see the
[[Page 37059]]
Preliminary Decision Memorandum. A list of topics included in the
Preliminary Decision Memorandum is included as the Appendix to this
notice.
The Preliminary 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 https://access.trade.gov,
and to all parties in the Central Records Unit, room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that the five companies
under review, China Hailiang, Hong Kong Hailiang, Shanghai Hailiang,
and Zhejiang Hailiang, failed to demonstrate eligibility for a separate
rate. In making our findings, two of the five companies, China Hailiang
and Shanghai Hailiang Trading, did not submit no shipment letters or
separate rate applications/certifications by the specified deadlines,
and, as noted above, Hong Kong Hailiang, Shanghai Hailiang, and
Zhejiang Hailiang, notified the Department that they would not be
participating in this review and also did not submit no shipment
letters or separate rate applications/certifications by the specified
deadlines.\10\ Accordingly, these five companies did not demonstrate
that they are each entitled to a separate rate. Thus, we consider all
five companies to be part of the PRC-Wide Entity.\11\ The rate
previously established for the PRC-wide entity is 60.82 percent.\12\
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\11\ See Preliminary Decision Memorandum, at 4-5. Pursuant to
the Department's change in practice, the Department no longer
considers the NME entity as an exporter conditionally subject to
administrative reviews. 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,
65970 (November 4, 2013). Under this practice, the NME entity will
not be under review unless a party specifically requests, or the
Department self-initiates, a review of the entity. Because no party
requested a review of the entity, the entity is not under review and
the entity's rate is not subject to change.
\12\ The rate for the PRC-Wide Entity was first assigned in the
original investigation, 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). This rate has
been used in each subsequent administrative review in which there
was a party being considered as part of the PRC-Wide Entity.
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Disclosure
Normally, the Department discloses to interested parties the
calculations performed in connection with the preliminary results
within five days of its public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b). However, because the
Department preliminarily determined that the five remaining companies
under review are part of the PRC-wide entity, there are no calculations
to disclose.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 50
days after the date of publication of these preliminary results, unless
the Secretary alters the time limit.\13\ Rebuttal briefs, limited to
issues raised in case briefs, may be submitted no later than five days
after the deadline date for case briefs.\14\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in this investigation are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\13\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general
filing requirements).
\14\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
The Department intends to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\15\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review.
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\15\ See 19 CFR 351.212(b)(1).
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For any individually examined respondent whose weighted average
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results of this review, the Department will calculate importer-specific
assessment rates on the basis of the ratio of the total amount of
dumping calculated for the importer's examined sales to the total
entered value of sales, in accordance with 19 CFR 351.212(b)(1). Where
an importer- (or customer-) specific ad valorem rate is greater than de
minimis, the Department will instruct CBP to collect the appropriate
duties at the time of liquidation.\16\ Where either a respondent's
weighted average dumping margin is zero or de minimis, or an importer-
(or customer-) specific ad valorem is zero or de minimis, the
Department will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\17\
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\16\ See 19 CFR 351.212(b)(1).
\17\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this 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
sections 751(a)(2)(C) of the Act: (1) For the companies listed above
that have a separate rate, the cash deposit rate will be that
established in the final results of this review (except, if the rate is
zero or de minimis, then zero cash deposit will be required); (2) for
previously investigated or reviewed PRC and non-PRC exporters not
listed above that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the PRC-wide entity; and (4) for
all non-PRC exporters of subject merchandise which have not received
their own rate, the cash deposit rate will
[[Page 37060]]
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.
Notification to Importers
This notice also serves as a preliminary 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 the POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 2, 2017.
Carole Showers,
Executive Director, Office of Policy performing the duties of Deputy
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
A. Partial Rescission
B. NME Country Status
C. Separate Rates
V. Recommendation
[FR Doc. 2017-16690 Filed 8-7-17; 8:45 am]
BILLING CODE 3510-DS-P