[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Notices]
[Pages 44691-44693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17375]
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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: Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on the affirmative final determinations by the
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing an antidumping duty (AD) order on
seamless refined copper pipe and tube (copper pipe and tube) from the
Socialist Republic of Vietnam (Vietnam).
DATES: Applicable August 13, 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
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), on June 24, 2021, Commerce published its
affirmative final determination of sales at less than fair value (LTFV)
of copper pipe and tube from Vietnam.\1\ As part of this determination,
Commerce made negative critical circumstances findings for the sole
mandatory respondent, Hailiang (Vietnam) Copper Manufacturing Company
(Hailiang Vietnam) and its affiliated trading company Hongkong Hailiang
Metal Trading Limited (also known as Hong Kong Hailiang Metal Trading
Limited) (Hongkong Hailiang) (collectively, Hailiang Vietnam/Hongkong
Hailiang), the non-examined, separate rate companies, and the Vietnam-
wide entity.\2\ On August 5, 2021, the ITC notified Commerce of its
final affirmative determination that an industry in the United States
is materially injured by reason of LTFV imports of copper pipe and tube
from Vietnam, within the meaning of section 735(b)(1)(A)(i) of the
Act.\3\
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\1\ See 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, 86 FR 33228 (June 24, 2021) (Final Determination).
\2\ Id.
\3\ See ITC's Letter, ITC Notification, dated August 5, 2021
(ITC Notification).
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Scope of the Order
The products covered by this order are copper pipe and tube from
Vietnam. For a complete description of the scope of the order, see the
appendix to this notice.
Order
In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act,
the ITC notified Commerce of its final determination that an industry
in the United States is materially injured by reason of imports of
copper pipe and tube from Vietnam.\4\ Therefore, Commerce is issuing
this order in accordance with section 735(c)(2) of the Act. Because
Commerce has determined that sales of copper pipe and tube from Vietnam
were made at LTFV, and the ITC determined that imports of copper pipe
and tube from Vietnam are materially injuring a U.S. industry,
unliquidated entries of such merchandise from Vietnam entered, or
withdrawn from warehouse, for consumption are subject to the assessment
of antidumping duties.
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\4\ Id.
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[[Page 44692]]
In accordance with section 736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to assess, upon further
instruction by Commerce, antidumping duties equal to the amount by
which the normal value of the merchandise exceeds the export price (or
constructed export price) of the subject merchandise for all relevant
entries of copper pipe and tube from Vietnam. Antidumping duties will
be assessed on unliquidated entries of copper pipe and tube from
Vietnam entered, or withdrawn from warehouse, for consumption on or
after February 1, 2021, the date of publication of the Preliminary
Determination,\5\ but antidumping duties will not be assessed on
entries of subject merchandise occurring after the expiration of the
provisional measures period and before publication in the Federal
Register of the ITC's final injury determination, as further described
below.
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\5\ 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).
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Continuation of Suspension of Liquidation
In accordance with section 736 of the Act, Commerce will instruct
CBP to continue to suspend liquidation on all relevant entries of
copper pipe and tube from Vietnam entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the ITC's final
affirmative injury determination in the Federal Register. These
instructions suspending liquidation will remain in effect until further
notice.
Pursuant to 735(c)(1)(B) of the Act and 19 CFR 351.210(d), Commerce
will also instruct CBP to require cash deposits equal to the
appropriate estimated weighted-average dumping margin indicated in the
table below. Accordingly, effective on the date of publication of the
ITC's final affirmative injury determination, CBP will require, at the
same time as an importer of record would normally deposit estimated
duties on the subject merchandise, a cash deposit for each entry of
subject merchandise equal to the appropriate estimated weighted-average
dumping margins listed below.\6\
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\6\ See section 736(a)(3) of the Act.
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter Producer 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 (aka Industrial (Vietnam)
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.
Vietnam-Wide Entity............ ....................... 8.35
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Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except that Commerce may extend the
four-month period to no more than six months at the request of
exporters representing a significant proportion of exports of the
subject merchandise. Commerce published its affirmative Preliminary
Determination on February 1, 2021.\7\ On February 8, 2021, Commerce
postponed the Final Determination and extended the provisional measures
period from four months to six months.\8\ Commerce published the Final
Determination in the Federal Register on June 24, 2021.\9\ The six-
month period beginning on the date of publication of the LTFV
Preliminary Determination ended on July 30, 2021.
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\7\ See Preliminary Determination.
\8\ 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).
\9\ See Final Determination.
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Therefore, in accordance with section 733(d) of the Act, Commerce
will instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of copper pipe and tube from Vietnam, entered, or withdrawn from
warehouse, for consumption after July 30, 2021, the date on which the
provisional measures expired, through the day preceding the date of
publication of the ITC's final affirmative injury determination in the
Federal Register. Suspension of liquidation and the collection of cash
deposits will resume on the date of publication of the ITC's final
determination in the Federal Register.
Notification to Interested Parties
This notice constitutes the AD order with respect to copper pipe
and tube from Vietnam pursuant to section 736(a) of the Act. Interested
parties can find a list of AD orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
This order is published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: August 9, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The products covered by this order 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 order covers, but is not limited to, seamless
refined copper pipe and tube produced or comparable to the American
Society for Testing and Materials
[[Page 44693]]
(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 order 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
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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 order 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 order are currently classifiable
under subheadings 7411.10.1030 and 7411.10.1090 of the Harmonized
Tariff Schedule of the United States (HTSUS). Products subject to
the order 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 order is dispositive.
[FR Doc. 2021-17375 Filed 8-12-21; 8:45 am]
BILLING CODE 3510-DS-P