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, 37058-37060 [2017-16690]
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37058
Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices
spigot. Hubless cast iron soil pipe fittings are
manufactured without a hub, generally in
compliance with Cast Iron Soil Pipe Institute
(CISPI) specification 301 and/or American
Society for Testing and Materials (ASTM)
specification A888. Hub and spigot pipe
fittings have hubs into which the spigot
(plain end) of the pipe or fitting is inserted.
Cast iron soil pipe fittings are generally
distinguished from other types of
nonmalleable cast iron fittings by the manner
in which they are connected to cast iron soil
pipe and other fittings.
The subject imports are normally classified
in subheading 7307.11.0045 of the
Harmonized Tariff Schedule of the United
States (HTSUS): Cast fittings of nonmalleable
cast iron for cast iron soil pipe. The HTSUS
subheading and specifications are provided
for convenience and customs purposes only;
the written description of the scope of this
investigation is dispositive.
[FR Doc. 2017–16770 Filed 8–7–17; 8:45 am]
BILLING CODE 3510–DS–P
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
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:
asabaliauskas on DSKBBXCHB2PROD with NOTICES
AGENCY:
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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
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.
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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.
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
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
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.
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).
E:\FR\FM\08AUN1.SGM
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Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices
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 https://enforcement.trade.gov/
frn/. The signed and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
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
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 selfinitiates, 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
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21:16 Aug 07, 2017
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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.
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
administrative review in which there was a party
being considered as part of the PRC-Wide Entity.
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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37059
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.
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
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 nonPRC 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
15 See
19 CFR 351.212(b)(1).
19 CFR 351.212(b)(1).
17 See 19 CFR 351.106(c)(2).
16 See
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Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices
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
orientalis) as a threatened or endangered
species under the Endangered Species
Act (ESA) and to designate critical
habitat concurrently with the listing. We
have completed a comprehensive status
review of the species in response to the
petition. Based on the best scientific and
commercial data available, including
the status review report, and after taking
into account efforts being made to
protect the species, we have determined
that listing of the Pacific bluefin tuna is
not warranted. We conclude that the
Pacific bluefin tuna is not an
endangered species throughout all or a
significant portion of its range, nor
likely to become an endangered species
within the foreseeable future throughout
all or a significant portion of its range.
We also announce the availability of a
status review report, prepared pursuant
to the ESA, for Pacific bluefin tuna.
This finding was made on
August 8, 2017.
DATES:
The documents informing
the 12-month finding are available by
submitting a request to the Assistant
Regional Administrator, Protected
Resources Division, West Coast Regional
Office, 501 W. Ocean Blvd., Suite 4200,
Long Beach, CA 90802, Attention:
Pacific Bluefin Tuna 12-month Finding.
The documents are also available
electronically at https://
www.westcoast.fisheries.noaa.gov/.
ADDRESSES:
Gary
Rule, NMFS West Coast Region at
gary.rule@noaa.gov, (503) 230–5424; or
Marta Nammack, NMFS Office of
Protected Resources at
marta.nammack@noaa.gov, (301) 427–
8469.
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF COMMERCE
SUPPLEMENTARY INFORMATION:
National Oceanic and Atmospheric
Administration
Background
[Docket No. 160719634–7697–02]
RIN 0648–XE756
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Listing Endangered and Threatened
Wildlife and Plants; Notice of 12-Month
Finding on a Petition To List the
Pacific Bluefin Tuna as Threatened or
Endangered Under the Endangered
Species Act
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of 12-month petition
finding.
AGENCY:
We, NMFS, announce a 12month finding on a petition to list the
Pacific bluefin tuna (Thunnus
SUMMARY:
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21:16 Aug 07, 2017
Jkt 241001
On June 20, 2016, we received a
petition from the Center for Biological
Diversity (CBD), on behalf of 13 other
co-petitioners, to list the Pacific bluefin
tuna as threatened or endangered under
the ESA and to designate critical habitat
concurrently with its listing. On October
11, 2016, we published a positive 90day finding (81 FR 70074) announcing
that the petition presented substantial
scientific or commercial information
indicating that the petitioned action
may be warranted. In our 90-day
finding, we also announced the
initiation of a status review of the
Pacific bluefin tuna and requested
information to inform our decision on
whether the species warrants listing as
threatened or endangered under the
ESA.
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ESA Statutory Provisions
The ESA defines ‘‘species’’ to include
any subspecies of fish or wildlife or
plants, and any distinct population
segment (DPS) of any vertebrate fish or
wildlife which interbreeds when mature
(16 U.S.C. 1532(16)). The U.S. Fish and
Wildlife Service (FWS) and NMFS have
adopted a joint policy describing what
constitutes a DPS under the ESA (61 FR
4722; February 7, 1996). The joint DPS
policy identifies two criteria for making
a determination that a population is a
DPS: (1) The population must be
discrete in relation to the remainder of
the species to which it belongs; and (2)
the population must be significant to the
species to which it belongs.
Section 3 of the ESA defines an
endangered species as any species
which is in danger of extinction
throughout all or a significant portion of
its range and a threatened species as one
which is likely to become an
endangered species within the
foreseeable future throughout all or a
significant portion of its range. Thus, we
interpret an ‘‘endangered species’’ to be
one that is presently in danger of
extinction. A ‘‘threatened species,’’ on
the other hand, is not presently in
danger of extinction, but is likely to
become so in the foreseeable future (that
is, at a later time). In other words, the
primary statutory difference between a
threatened and endangered species is
the timing of when a species may be in
danger of extinction, either presently
(endangered) or in the foreseeable future
(threatened).
We determine whether any species is
endangered or threatened as a result of
any one or a combination of the
following five factors: The present or
threatened destruction, modification, or
curtailment of its habitat or range;
overutilization for commercial,
recreational, scientific, or educational
purposes; disease or predation; the
inadequacy of existing regulatory
mechanisms; or other natural or
manmade factors affecting its continued
existence (ESA section 4(a)(1)(A)–(E)).
Section 4(b)(1)(A) of the ESA requires us
to make listing determinations based
solely on the best scientific and
commercial data available after
conducting a review of the status of the
species and after taking into account
efforts being made by any State or
foreign nation or political subdivision
thereof to protect the species.
The petition to list Pacific bluefin
tuna identified the risk classification
made by the International Union for
Conservation of Nature (IUCN). The
IUCN assessed the status of Pacific
bluefin tuna and categorized the species
E:\FR\FM\08AUN1.SGM
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Agencies
[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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 https://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