[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Notices]
[Pages 65747-65748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23742]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-885]


Phosphor Copper From the Republic of Korea: Continuation of 
Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) order on phosphor copper 
from the Republic of Korea (Korea) would likely lead to continuation or 
recurrence of dumping and material injury to an industry in the United 
States, Commerce is publishing a notice of continuation of the AD 
order.

DATES: Applicable November 1, 2022.

FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, 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- 8362.

SUPPLEMENTARY INFORMATION:

Background

    On April 24, 2017, Commerce published the AD order on phosphor 
copper from Korea.\1\ On March 1, 2022, the ITC instituted,\2\ and 
Commerce initiated, the first sunset review of the Order, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act).\3\ As a 
result of its review, Commerce determined that revocation of the Order 
would likely lead to continuation or recurrence of dumping and, 
therefore, notified the ITC of the magnitude of the margin likely to 
prevail should the Order be revoked.\4\
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    \1\ See Phosphor Copper from the Republic of Korea: Antidumping 
Duty Order, 82 FR 18893 (April 24, 2017) (Order).
    \2\ See Phosphor Copper from Korea; Institution of a Five-Year 
Review, 87 FR 11467 (March 1, 2022).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 11416 
(March 1, 2022) (Sunset Initiation). In the Sunset Initiation, 
Commerce inadvertently listed the wrong case number for Order. 
Commerce noted the correct case number, A-580-885, in a subsequent 
sunset initiation notice. See Initiation of Five-Year (Sunset) 
Reviews, 87 FR 19069 (April 1, 2022).
    \4\ See Phosphor Copper from the Republic of Korea: Final 
Results of the First Expedited Sunset Review of the Antidumping Duty 
Order, 87 FR 40502 (July 7, 2022) (Expedited Final Results), and 
accompanying Issues and Decision Memorandum.
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    On October 25, 2022, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the Order 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \5\ See Phosphor Copper from Korea, 87 FR 64522 (October 25, 
2022).
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Scope of the Order

    The merchandise covered by the Order is master alloys \6\ 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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    \6\ 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 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.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or a 
recurrence of dumping, as well as material injury to an industry in the 
United States, pursuant to section 751(d)(2) of the Act, Commerce 
hereby orders the continuation of the Order. U.S. Customs and Border 
Protection will continue to collect AD cash deposits at the rates in 
effect at the time of entry for all imports of subject merchandise. The 
effective date of the continuation of the Order will be the date of 
publication in the Federal Register of this notice of continuation. 
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate 
the next five-year review of the Order not later than 30 days prior to 
the fifth anniversary of the effective date of continuation.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of the APO is a sanctionable 
violation.

[[Page 65748]]

Notification to Interested Parties

    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published in accordance with section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: October 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-23742 Filed 10-31-22; 8:45 am]
BILLING CODE 3510-DS-P