[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Notices]
[Pages 71089-71091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28255]
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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 Administrative
Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (the ``Department'') is conducting the third
administrative review of the antidumping duty order on seamless refined
copper pipe and tube from the People's Republic of China (``PRC''),
covering the period November 1, 2012 through October 31, 2013. The
Department preliminarily determines that, during the period of review,
Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD Trading
Co., Ltd., and Golden Dragon Holding (Hong Kong) International, Ltd.
(collectively, ``Golden Dragon''), the respondent in this proceeding,
has made sales of subject merchandise at less than normal value
(``NV''). Interested parties are invited to comment on these
preliminary results.
DATES: Effective Date: December 1, 2014.
FOR FURTHER INFORMATION CONTACT: James Martinelli, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2923.
SUPPLEMENTARY INFORMATION:
Scope of 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
[[Page 71090]]
provided for convenience and customs purposes, the written description
of the scope of this order remains dispositive.\1\
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\1\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
regarding ``Decision Memorandum for the Preliminary Results of the
2012-2013 Administrative Review of the Antidumping Duty Order on
Seamless Refined Copper Pipe and Tube from the People's Republic of
China'' (November 21, 2014) for a complete description of the scope
of the order (``Preliminary Decision Memorandum'').
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Extension of Deadlines for Preliminary Results
On July 8, 2014 the Department extended the time period for issuing
the preliminary results of this review by 120 days, until December 1,
2014.\2\
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\2\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
through Abdelali Elouaradia, Office Director, Antidumping and
Countervailing Duty Operations, Office 4, from Maisha Cryor,
International Trade Compliance Analyst, Antidumping and
Countervailing Duty Operations, Office 4, regarding ``Seamless
Refined Copper Pipe and Tube from the People's Republic of China:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review'' (July 8, 2014).
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Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review. The
Department is rescinding this review with regard to Luvata Tube
(Zhongshan) Ltd. & Luvata Alltop (Zhongshan) Ltd. (collectively,
``Luvata''), Shanghai Hailiang Copper Co., Ltd., and Zhejiang Hailiang
Co., Ltd. as parties have timely withdrawn all review requests with
respect to these companies. At the time of Initiation, Luvata, Shanghai
Hailiang Copper Co., Ltd., and Zhejiang Hailiang Co., Ltd. had a
separate rate from a prior completed segment of this proceeding.\3\
Because we are now rescinding this review for these companies, we will
instruct CBP to liquidate their entries at the rates of the cash
deposits of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, in accordance with 19
CFR 351.212(c)(2).
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\3\ See Seamless Refined Copper Pipe and Tube From Mexico and
the People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 75 FR 60725, 60729 (October 1, 2010) (``LTFV Final
Determination'').
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Reviews were also requested for 11 additional companies listed in
the Initiation Notice, and those requests were also timely
withdrawn.\4\ However, we are not rescinding the reviews for these 11
companies at this time because they do not have a separate rate and,
therefore, each currently remains part of the PRC-wide entity. The PRC-
wide entity is currently subject to this administrative review.\5\
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\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
79392 (December 30, 2013) (``Initiation Notice''). The 11 companies
include: China Hailiang Metal Trading, Foshan Hua Hong Copper Tube
Co., Ltd., Guilin Lijia Metals Co., Ltd., Hong Kong Hailiang Metal,
Ningbo Jintian Copper Tube Co., Ltd., Shanghai Hailiang Metal
Trading Limited, Sinochem Ningbo Ltd. & Sinochem Ningbo Import &
Export Co., Ltd., Taicang City Jinxin Copper Tube Co., Ltd.,
Zhejiang Jihe Pipes Inc., and Zhejiang Naile Copper Co., Ltd. These
companies are not included in the collapsed entity of Hong Kong
Hailiang Metal Trading Limited, Zhejiang Hailiang Co., Ltd., and
Shanghai Hailiang Copper Co., Ltd.
\5\ See, e.g., Narrow Woven Ribbons With Woven Selvedge From the
People's Republic of China: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review, 77 FR 47363,
47365 (August 8, 2012), unchanged in Narrow Woven Ribbons With Woven
Selvedge From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review; 2010-2011, 78 FR 10130
(February 13, 2013). A change in practice with respect to the
conditional review of the PRC-wide entity is not applicable to this
administrative review. 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 65964,
65969-70 (November 4, 2013) (apply the change in practice to reviews
for which the notice of opportunity to request an administrative
review is published on or after December 4, 2013).
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Methodology
The Department conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the ``Act'').
Export prices and constructed export prices were calculated in
accordance with section 772 of the Act. Because the PRC is a nonmarket
economy (``NME'') country within the meaning of section 771(18) of the
Act, NV has been calculated in accordance with section 773(c) of the
Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, which is hereby
adopted by this notice. A list of topics discussed in the Preliminary
Decision Memorandum is included as an 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 http://access.trade.gov, and
it is available to all parties in the Central Records Unit, room 7046
of the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed at
http://enforcement.trade.gov/frn/index.html. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist:
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Weighted-
average
Exporter dumping
margin
(percent)
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Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD 7.17
Trading Co., Ltd., and Golden Dragon Holding (Hong Kong)
International, Ltd.
PRC-wide entity............................................ 60.85
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Disclosure and Public Comment
The Department intends to disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit written comments no later than 30 days
after the date of publication of these preliminary results.\6\
Rebuttals to written comments may be filed no later than five days
after the written comments are filed.\7\
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\6\ See 19 CFR 351.309(c).
\7\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\8\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\9\
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\8\ See 19 CFR 351.310(c).
\9\ See 19 CFR 351.310(d).
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All submissions by interested parties must be filed electronically
via ACCESS. An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system, ACCESS, by
[[Page 71091]]
5 p.m. Eastern Time in order for it to have been submitted timely on
that day.
The Department intends to issue the final results of this
administrative review, which will include the results of its analysis
of issues raised in any written comments, within 120 days of
publication of these preliminary results unless extended, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuing the final results of the review, the Department shall
determine, and U.S. Customs and Border Protection (``CBP'') shall
assess, antidumping duties on all appropriate entries. The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of the final results of review. For any individually
examined respondents whose weighted-average dumping margin is not zero
or de minimis (i.e., less than 0.5 percent), the Department will
calculate importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\10\ For respondents not
individually examined for this review, their ad valorem assessment rate
will be equal to their weighted-average dumping margin established in
the final results of review.
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\10\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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The Department will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is not zero or de minimis. Where either the respondent's weighted-
average dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, the Department will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties.
The Department announced a refinement to its assessment practice in
NME cases. Pursuant to this refinement in practice, for entries that
were not reported in the U.S. sales databases submitted by companies
individually examined during this review, the Department will instruct
CBP to liquidate such entries at the PRC-wide rate. In addition, if the
Department determines that an exporter under review had no shipments of
the subject merchandise, any suspended entries that entered under that
exporter's case number (i.e., at that exporter's rate) will be
liquidated at the PRC-wide rate.\11\
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\11\ For a full discussion of this practice, 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 deposits of estimated
antidumping duties.
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
listed above, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review
(except, if the rate is de minimis, then the cash deposit rate will be
zero for that exporter); (2) for previously investigated or reviewed
PRC and non-PRC exporters not listed above that have separate rates,
the cash deposit rate will continue to be the exporter-specific rate
published for the most recently completed segment of this proceeding;
(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
60.85 percent, which is the rate for the PRC-wide entity; \12\ 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.
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\12\ See LTFV Final Determination, 75 FR at 60729.
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Notification to Importers
This notice 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 this review period. Failure to comply
with this requirement could result in the CBP assessing double
antidumping duties based on the Department's presumption that
antidumping duties were reimbursed.
Notification to Interested Parties
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.
Dated: November 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Partial Rescission of Administrative Review
6. Non-Market Economy Country Status
7. Separate Rates
8. PRC-Wide Entity
9. Surrogate Country
10. Date of Sale
11. Fair Value Comparisons
12. Determination of Comparison Method
13. Export Price
14. Constructed Export Price
15. Value Added Tax
16. Normal Value
17. Factor Valuations
18. Currency Conversion
19. Recommendation
[FR Doc. 2014-28255 Filed 11-28-14; 8:45 am]
BILLING CODE 3510-DS-P