[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33228-33231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13204]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-831]


Seamless Refined Copper Pipe and Tube From the Socialist Republic 
of Vietnam: Final Affirmative Determination of Sales at Less Than Fair 
Value and Final Negative Determination of Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that imports of seamless refined copper pipe and tube (copper pipe and 
tube) from the Socialist Republic of Vietnam (Vietnam) are being, or 
are likely to be, sold in the United States at less than fair value 
(LTFV). The period of investigation (POI) is October 1, 2019, through 
March 31, 2020. Further, Commerce finds that critical circumstances do 
not exist.

DATES: Applicable June 24, 2021.

FOR FURTHER INFORMATION CONTACT: Ariela Garvett, 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) 482-3609.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2021, Commerce published the Preliminary 
Determination in the LTFV investigation of copper pipe and tube from 
Vietnam.\1\ On February 8, 2021, Commerce postponed the final 
determination of this investigation to June 16, 2021.\2\ The 
petitioners in this investigation are the American Copper Tube 
Coalition and its individual constituent members (collectively, the 
petitioners).\3\ The sole mandatory respondent in this investigation is 
Hailiang (Vietnam) Copper Manufacturing Company Limited (Hailiang 
Vietnam),\4\ and in the Preliminary Determination, Commerce determined 
that Hailiang Vietnam and Hongkong Hailiang Metal Trading Limited (also 
known as Hong Kong Hailiang Metal Trading Limited) (Hongkong Hailiang) 
should be treated as a single entity, collectively, Hailiang Vietnam/
Hongkong Hailiang.\5\ We invited interested parties to comment on the 
Preliminary Determination.\6\ A summary of the events that occurred 
since Commerce published the Preliminary Determination may be found in 
the Issues and Decision Memorandum.\7\
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    \1\ See Seamless Refined Copper Pipe and Tube from the Socialist 
Republic of Vietnam: Preliminary Affirmative Determination of Sales 
at Less Than Fair Value and Preliminary Negative Determination of 
Critical Circumstances, 86 FR 7698 (February 1, 2021) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ See Seamless Refined Copper Pipe and Tube from the Socialist 
Republic of Vietnam: Postponement of Final Determination in the 
Less-Than-Fair-Value Investigation, 86 FR 8588 (February 8, 2021).
    \3\ The members of the American Copper Tube Coalition are 
Mueller Copper Tube Products, Inc.; Mueller Copper Tube West Co.; 
Mueller Copper Tube Company, Inc.; Howell Metal Company; and 
Linesets, Inc. and Cerro Flow Products, LLC.
    \4\ See Memorandum, ``Selection of Mandatory Respondents for 
Individual Examination,'' dated September 8, 2020
    \5\ See Memorandum, ``Affiliation and Single Entity Treatment 
Memorandum,'' dated January 26, 2021.
    \6\ See Preliminary Determination.
    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Seamless Refined Copper Pipe and Tube from the 
Socialist Republic of Vietnam,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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    The Issues and Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and

[[Page 33229]]

Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/.

Scope of the Investigation

    The products covered by this investigation are copper pipe and tube 
from Vietnam. For a full description of the scope of this 
investigation, see Appendix I.

Scope Comments

    Commerce received no comments from interested parties regarding the 
scope of this investigation. Accordingly, Commerce has not modified the 
scope language from the Preliminary Determination.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice at Appendix II.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Tariff Act of 
1930, as amended (the Act).\8\
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    \8\ See Commerce's Letter, Remote Verification Questionnaire, 
dated February 22, 2021.
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Methodology

    Commerce conducted this investigation in accordance with section 
731 of the Act. Export price was calculated in accordance with section 
772(a) of the Act. Constructed export price was calculated in 
accordance with section 772(b) of the Act. Because Vietnam is a non-
market economy within the meaning of section 771(18) of the Act, normal 
value was calculated in accordance with section 773(c) of the Act. For 
a full description of the methodology underlying Commerce's 
determination, see the Preliminary Decision Memorandum; see also the 
Issues and Decision Memorandum.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received, the information 
received in lieu of on-site verification, and our analysis of the 
ministerial error allegations,\9\ we made certain changes to the margin 
calculations for Hailiang Vietnam/Hongkong Hailiang. For a discussion 
of these changes, see the Issues and Decision Memorandum and the Final 
Analysis Memorandum.\10\ In light of these changes to the margin 
calculations and the resulting revised estimated weighted-average 
dumping margin for Hailiang Vietnam/Hongkong Hailiang, we have also 
revised the rates assigned to companies eligible for a separate rate 
and to the Vietnam-wide entity.\11\
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    \9\ See Memorandum, ``Allegation of Ministerial Errors in the 
Preliminary Determination,'' dated February 22, 2021.
    \10\ See Memorandum, ``Final Determination Calculations for 
Hailiang Vietnam/Hongkong Hailiang,'' dated concurrently with this 
memorandum (Final Analysis Memorandum).
    \11\ See Preliminary Determination Preliminary Decision 
Memorandum at 28.
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Final Negative Determination of Critical Circumstances

    Commerce preliminarily determined that critical circumstances did 
not exist for Hailiang Vietnam/Hongkong Hailiang, the non-individually 
investigated companies qualifying for a separate rate, and the Vietnam-
wide entity.\12\ No parties submitted comments regarding our negative 
preliminary critical circumstances determination. For this final 
determination, Commerce revised its surge analysis to include all 
months for which U.S. import data are available. For the final 
determination, in accordance with section 735(a)(3) of the Act and 19 
CFR 351.206, Commerce continues to find that critical circumstances do 
not exist for Hailiang Vietnam/Hongkong Hailiang, the non-individually 
investigated companies qualifying for a separate rate, and the Vietnam-
wide entity. For a full description of the methodology and results of 
Commerce's critical circumstances analysis, see the Issues and Decision 
Memorandum and the Final Critical Circumstances Surge Analysis 
Memorandum.\13\
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    \12\ See Preliminary Determination.
    \13\ See Memorandum, ``Final Critical Circumstances Surge 
Analysis,'' dated concurrently with this memorandum (Final Critical 
Circumstances Surge Analysis Memorandum).
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Separate Rates

    No party commented on our preliminary separate rate determinations 
with respect to the mandatory respondent and the non-individually 
examined companies. Thus, there is no basis to reconsider the 
Preliminary Determination with respect to separate rate status for this 
final determination.

Combination Rates

    As explained in the Initiation Notice and implemented in the 
Preliminary Determination, we have continued to calculate producer/
exporter combination rates for the respondents that are eligible for a 
separate rate.\14\ Policy Bulletin 05.1 describes this practice.\15\
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    \14\ Id.; see also Seamless Refined Copper Pipe and Tube from 
the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-
Value Investigation, 85 FR 47181 (August 4, 2020) (Initiation 
Notice).
    \15\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
            Producer                     Exporter             average
                                                          dumping margin
                                                             (Percent)
------------------------------------------------------------------------
Hailiang (Vietnam) Copper        Hailiang (Vietnam)                 8.35
 Manufacturing Company Limited/   Copper Manufacturing
 Hongkong Hailiang Metal          Company Limited/
 Trading Limited (aka Hong Kong   Hongkong Hailiang
 Hailiang Metal Trading           Metal Trading Limited
 Limited).                        (aka Hong Kong
                                  Hailiang Metal Trading
                                  Limited).
Jintian Copper Industrial        Jintian Copper                     8.35
 (Vietnam) Company Limited.       Industrial (Vietnam)
 (aka Jintian Copper Industrial   Company Limited. (aka
 (Vietnam) Co., Ltd).             Jintian Copper
                                  Industrial (Vietnam)
                                  Co., Ltd).
Toan Phat Copper Tube Joint      Toan Phat Copper Tube              8.35
 Stock Company.                   Joint Stock Company.
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[[Page 33230]]

 
                   Vietnam-Wide Entity                              8.35
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose to interested parties under 
Administrative Protective Order (APO), the calculations performed in 
connection with this final determination within five days of its public 
announcement or, if there is no public announcement, within five days 
of the date of publication of the notice of final determination in the 
Federal Register, in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of copper pipe and tube 
from Vietnam, as described in Appendix I of this notice, which are 
entered, or withdrawn from warehouse, for consumption on or after 
February 1, 2021, the date of publication of the Preliminary 
Determination in the Federal Register.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon publication of this notice, Commerce will instruct CBP 
to require a cash deposit for estimated antidumping duties for such 
entries as follows: (1) For the exporter/producer combinations listed 
in the table above, the cash deposit rate is equal to the estimated 
weighted-average dumping margin listed for that combination in the 
table; (2) for all combinations of Vietnamese exporters/producers not 
listed in the above table, the cash deposit rate is equal to the 
estimated weighted-average dumping margin listed in the table for the 
Vietnam-wide entity; and (3) for all third-country exporters, the cash 
deposit rate is equal to the cash deposit rate applicable to the 
Vietnamese exporter/producer combination (or the Vietnam-wide entity) 
that supplied that third-country exporter.
    These suspension of liquidation instructions will remain in effect 
until further notice.

International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of the final affirmative determination of sales at LTFV. Because 
the final determination is affirmative, in accordance with section 
735(b)(2) of the Act, the ITC will make its final determination as to 
whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports or 
sales (or the likelihood of sales) for importation of subject copper 
pipe and tube, no later than 45 days after this final determination. If 
the ITC determines that such injury does not exist, this proceeding 
will be terminated, and all cash deposited for antidumping duties will 
be refunded. If the ITC determines that such injury does exist, 
Commerce will issue an antidumping duty order directing CBP to assess, 
upon further instruction by Commerce, antidumping duties on all imports 
of the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding APO

    This notice serves as a reminder to the parties subject to APO of 
their responsibility concerning the disposition of propriety 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or destruction 
of APO materials or, alternatively, conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation that is subject to sanction.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).

    Dated: June 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The products covered by this investigation are all seamless 
circular refined copper pipes and tubes, including redraw hollows, 
greater than or equal to 6 inches (152.4 mm) in actual length and 
measuring less than 12.130 inches (308.102 mm) in actual outside 
diameter (OD), regardless of wall thickness, bore (e.g., smooth, 
enhanced with inner grooves or ridges), manufacturing process (e.g., 
hot finished, cold-drawn, annealed), outer surface (e.g., plain or 
enhanced with grooves, ridges, fins, or gills), end finish (e.g., 
plain end, swaged end, flared end, expanded end, crimped end, 
threaded), coating (e.g., plastic, paint), insulation, attachments 
(e.g., plain, capped, plugged, with compression or other fitting), 
or physical configuration (e.g., straight, coiled, bent, wound on 
spools).
    The scope of this investigation covers, but is not limited to, 
seamless refined copper pipe and tube produced or comparable to the 
American Society for Testing and Materials (ASTM) ASTM-B42, ASTM-
B68, ASTM-B75, ASTM-B88, ASTM-B88M, ASTM-B188, ASTM-B251, ASTM-
B251M, ASTM-B280, ASTM-B302, ASTM-B306, ASTM-B359, ASTM-B743, ASTM-
B819, and ASTM-B903 specifications and meeting the physical 
parameters described therein.
    Also included within the scope of this investigation are all 
sets of covered products, including ``line sets'' of seamless 
refined copper tubes (with or without fittings or insulation) 
suitable for connecting an outdoor air conditioner or heat pump to 
an indoor evaporator unit. The phrase ``all sets of covered 
products'' denotes any combination of items put up for sale that is 
comprised of merchandise subject to the scope.
    ``Refined copper'' is defined as: (1) Metal containing at least 
99.85 percent by actual weight of copper; or (2) metal containing at 
least 97.5 percent by actual weight of copper, provided that the 
content by actual weight of any other element does not exceed the 
following limits:

------------------------------------------------------------------------
                                                               Limiting
                                                                content
                           Element                            percent by
                                                                weight
------------------------------------------------------------------------
Ag--Silver..................................................        0.25
As--Arsenic.................................................         0.5
Cd--Cadmium.................................................         1.3
Cr--Chromium................................................         1.4
Mg--Magnesium...............................................         0.8
Pb--Lead....................................................         1.5
S--Sulfur...................................................         0.7
Sn--Tin.....................................................         0.8
Te--Tellurium...............................................         0.8
Zn--Zinc....................................................         1.0
Zr--Zirconium...............................................         0.3
Other elements (each).......................................         0.3
------------------------------------------------------------------------

    Excluded from the scope of this investigation are all seamless 
circular hollows of refined copper less than 12 inches in actual 
length whose actual OD exceeds its actual length.
    The products subject to this investigation are currently 
classifiable under subheadings 7411.10.1030 and 7411.10.1090 of the 
Harmonized Tariff Schedule of the United

[[Page 33231]]

States (HTSUS). Products subject to the investigation may also enter 
under HTSUS subheadings 7407.10.1500, 7419.99.5050, 8415.90.8065, 
and 8415.90.8085. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope of the investigation is dispositive.

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Final Negative Determination of Critical Circumstances
VI. Changes Since the Preliminary Determination
VII. Discussion of the Issues
    Comment 1: Hailiang America Corporation's (Hailiang America) 
Credit and Rebate Expenses
    Comment 2: General and Administrative (GNA) Expenses and 
Financial (INTEX) Expenses for Further Manufacturing Costs
    Comment 3: Whether To Continue To Use Factors of Production 
(FOP) Database ``Hailiangfop04a''
    Comment 4: Surrogate Value (SV) for Nitrogen
    Comment 5: SV for Electricity
    Comment 6: SV for Insulation Material Polyethylene (Insulation 
MPE)
    Comment 7: Whether To Apply Partial Adverse Facts Available 
(AFA) to Copper and Electricity Usage Rates
    Comment 8: Use of Sagardeep Alloys Limited's (Sagardeep) and 
Bhagyanagar India Limited's (Bhagyanagar) Financial Statements To 
Calculate the Surrogate Financial Ratios
VIII. Recommendation

[FR Doc. 2021-13204 Filed 6-23-21; 8:45 am]
BILLING CODE 3510-DS-P