Seamless Refined Copper Pipe and Tube From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 60725-60730 [2010-24720]
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Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices
determines that such injury does exist,
we will issue an antidumping duty
order directing CBP to assess
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withdrawn from warehouse, for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.
Destruction of Proprietary Information
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO as explained in
the APO itself. See 19 CFR
351.305(a)(3). Timely written
notification of the destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
We are issuing and publishing this
determination and notice in accordance
with sections 735(d) and 777(i) of the
Act.
Dated: September 24, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix
List of Issues in the Issues and Decision
Memorandum
Comment 1: Comments Regarding the
Investigation
Comment 2: Alternative Cost Averaging
Methodology
Comment 3: Cost Recovery Test
Comment 4: Model Matching Hierarchy
Comment 5: Nacobre’s U.S. Date of Sale
Comment 6: Treatment of Nacobre’s General
and Administrative Expense Ratio
Comment 7: Nacobre’s Weight Basis
Comment 8: Treatment of the Negative Value
of Certain U.S. Expense Variables for
IUSA
Comment 9: Treatment of Early Payment
Discounts for IUSA’s Home Market Sales
Comment 10: IUSA’s Packing Costs
Comment 11: Further Manufactured Line
Sets
Comment 12: ‘‘All Others’’ Rate
[FR Doc. 2010–24719 Filed 9–30–10; 8:45 am]
emcdonald on DSK2BSOYB1PROD with NOTICES
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: Final Determination of Sales at
Less Than Fair Value
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 1, 2010.
SUMMARY: On May 12, 2010, the
Department of Commerce (the
‘‘Department’’) published its preliminary
determination of sales at less than fair
value (‘‘LTFV’’) in the antidumping duty
investigation of seamless refined copper
pipe and tube (‘‘copper pipe and tube’’)
from the People’s Republic of China
(‘‘PRC’’).1 The Department invited
interested parties to comment on the
Preliminary Determination. Based on
the Department’s analysis of the
comments received, the Department has
made changes from the Preliminary
Determination. The Department
determines that copper pipe and tube
from the PRC is being, or is likely to be,
sold in the United States at LTFV as
provided in section 735 of the Tariff Act
of 1930, as amended (the ‘‘Act’’). The
final dumping margins for this
investigation are listed in the ‘‘Final
Determination’’ section below.
FOR FURTHER INFORMATION CONTACT:
Karine Gziryan or Shawn Higgins, AD/
CVD Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–4081 and (202)
482–0679, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department published its
Preliminary Determination of sales at
LTFV and postponement of the final
determination on May 12, 2010.
Between May 24, 2010, and June 1,
2010, the Department conducted
verification of mandatory respondents
Golden Dragon Precise Copper Tube
Group, Inc. (‘‘Golden Dragon’’) and
Zhejiang Hailiang Co., Ltd., Shanghai
Hailiang Copper Co., Ltd., and Hong
Kong Hailiang Metal Trading Limited
(collectively, the ‘‘Hailiang Group’’).2
1 See Seamless Refined Copper Pipe and Tube
from the People’s Republic of China: Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 75 FR 26716
(May 12, 2010) (‘‘Preliminary Determination’’).
2 See the ‘‘Verification’’ section below.
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60725
Cerro Flow Products, Inc.,
KobeWieland Copper Products, LLC,
Mueller Copper Tube Company, Inc.
(collectively, ‘‘Petitioners’’), Golden
Dragon, and the Hailiang Group
submitted case briefs on July 2, 2010.3
On July 9, 2010, Petitioners, Golden
Dragon, and the Hailiang Group filed
rebuttal briefs.4 The Department
conducted a public hearing on August 4,
2010.
On August 3, 2010, the Department
notified parties that as a result of the
recent decision in Dorbest Ltd. v. United
States, 604 F.3d 1363 (Fed. Cir. 2010)
(‘‘Dorbest’’), issued by the United States
Court of Appeals for the Federal Circuit
(‘‘CAFC’’) on May 14, 2010, the
Department would be reconsidering its
valuation of the labor wage rate in this
investigation. The Department placed
export data on the record of the
investigation and gave parties an
opportunity to comment on the narrow
issue of the labor wage value in light of
the CAFC’s decision.5 On August 9,
2010, Petitioners and Golden Dragon
submitted comments regarding the wage
rate issue.6
Period of Investigation
The period of investigation (‘‘POI’’) is
January 1, 2009, through June 30, 2009.
This period corresponds to the two most
recent fiscal quarters prior to the month
3 See Letter from Petitioners to the Secretary of
Commerce, ‘‘Seamless Refined Copper Pipe and
Tube from the People’s Republic of China;
Investigation; Case Brief of Petitioners’’ (July 2,
2010); Letter from Golden Dragon to the Secretary
of Commerce, ‘‘Seamless Refined Copper Pipe and
Tube from the People’s Republic of China’’ (July 2,
2010); Letter from the Hailiang Group to the
Secretary of Commerce, ‘‘Seamless Refined Copper
Pipe & Tube from the People’s Republic of China:
The Hailiang Group—Administrative Case Brief’’
(July 2, 2010).
4 See Letter from Petitioners to the Secretary of
Commerce, ‘‘Seamless Refined Copper Pipe and
Tube from the People’s Republic of China;
Investigation; Rebuttal Brief of Petitioners’’ (July 9,
2010); Letter from Golden Dragon to the Secretary
of Commerce, ‘‘Seamless Refined Copper Pipe and
Tube from the People’s Republic of China’’ (July 9,
2010); Letter from the Hailiang Group to the
Secretary of Commerce, ‘‘Seamless Refined Copper
Pipe & Tube from the People’s Republic of China:
Rebuttal Brief of the Hailiang Group’’ (July 9, 2010).
5 See Memorandum from Shawn Higgins,
International Trade Compliance Analyst, AD/CVD
Operations, Office 4, ‘‘Antidumping Duty
Investigation of Seamless Refined Copper Pipe and
Tube from the People’s Republic of China: Wage
Data’’ (August 3, 2010).
6 See Letter from Petitioners to the Secretary of
Commerce, ‘‘Seamless Refined Copper Pipe and
Tube from China; Petitioners’ Comments on the
Surrogate Value for Labor’’ (August 9, 2010); Letter
from Golden Dragon to the Secretary of Commerce,
‘‘Seamless Refined Copper Pipe and Tube from the
People’s Republic of China: Golden Dragon Precise
Copper Tube Group, Inc.’’ (August 9, 2010).
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Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices
of the filing of the petition (i.e.,
September, 2009).7
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
investigation, as well as comments
received pursuant to the Department’s
requests, are addressed in the Issues and
Decision Memorandum.8 A list of the
issues which parties raised and to
which the Department responds in the
Issues and Decision Memorandum is
attached to this notice as Appendix I.
The Issues and Decision Memorandum
is a public document that is on file in
the Central Records Unit, Room 7046 of
the main Commerce building and
accessible at http://trade.gov/ia. The
paper copy and electronic version of the
memorandum are identical in content.
Changes Since the Preliminary
Determination
Changes Applicable to Multiple
Companies
1. Pursuant to Dorbest, the
Department calculated an hourly wage
rate by averaging earnings and/or wages
in countries that are economically
comparable to the PRC and that are
significant producers of comparable
merchandise.9
2. The Department made several
adjustments to the calculations of the
surrogate financial ratios.10
Changes Specific to Golden Dragon
1. The Department treated Golden
Dragon’s copper cathode purchases from
a certain PRC supplier as market
economy purchases.11
7 See
19 CFR 351.204(b)(1).
Memorandum from Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, to Ronald K.
Lorentzen, Deputy Assistant Secretary for Import
Administration, ‘‘Issues and Decision Memorandum
for the Final Determination in the Antidumping
Duty Investigation of Seamless Refined Copper Pipe
and Tube from the People’s Republic of China’’
(September 24, 2010) (‘‘Issues and Decision
Memorandum’’).
9 See Issues and Decision Memorandum at
Comment 1; Memorandum to the File from Shawn
Higgins, International Trade Compliance Analyst,
AD/CVD Operations, Office 4, ‘‘Investigation of
Seamless Refined Copper Pipe and Tube from the
People’s Republic of China: Final Surrogate Value
Memorandum,’’ (September 24, 2010) (‘‘Final
Surrogate Value Memorandum’’) at 2, Attachment 3.
10 See Issues and Decision Memorandum at
Comment 2; Final Surrogate Value Memorandum at
2, Attachment 4.
11 See Issues and Decision Memorandum at
Comment 4; Memorandum from Shawn Higgins,
International Trade Compliance Analyst, AD/CVD
Operations, Office 4, to the File, ‘‘Seamless Refined
Copper Pipe and Tube from the People’s Republic
of China: Final Analysis Memorandum for Golden
Dragon Precise Copper Tube Group, Inc.’’
(September 24, 2010) (‘‘Golden Dragon’s Final
Analysis Memorandum’’) at 1–2, Attachment 1.
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8 See
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2. In accordance with section
777A(a)(2) of the Act and 19 CFR
351.413, the Department declined to
make certain adjustments to the
calculation of indirect U.S. selling
expenses for salaries paid to two
employees of Golden Dragon who
worked in the United States during the
POI because these adjustments are
insignificant in relation to the price of
the merchandise.12
3. The Department revised the
reported wall thickness for one control
number (‘‘CONNUM’’).13
4. The Department revised the
reported electricity consumption to
account for indirect consumption of
electricity.14
5. The Department revised the
reported indirect labor to account for
previously unreported labor hours.15
6. The Department revised the
reported water consumption to reflect
the water consumption calculated in
Golden Dragon’s cost reconciliation.16
7. The Department revised the
reported direct labor and electricity
consumption to reflect the correct
production quantities at all stages of the
production process.17
8. The Department revised the
reported electricity consumption to
reflect the correct allocation of
electricity to the different inner grooved
tubes (‘‘IGT’’) based on the IGT forming
processing stage consumption that
corresponds to each type of IGT.18
9. The Department adjusted the
reported electricity and direct labor
consumption for a particular CONNUM
to reflect the lower electricity and direct
labor usage rates for a nine millimeter
(mm) IGT product instead of the higher
rates for a seven mm product.19
10. The Department revised the
reported consumption of plastic plugs,
wood boards, rubber plugs, and paper
12 See Issues and Decision Memorandum at
Comment 8; Golden Dragon’s Final Analysis
Memorandum at 2, Attachment 3.
13 See Memorandum from Shawn Higgins,
International Trade Compliance Analyst, AD/CVD
Operations, Office 4, to the File, ‘‘Antidumping
Duty Investigation of Seamless Refined Copper Pipe
and Tube from the People’s Republic of China:
Verification of the Questionnaire Responses of
Golden Dragon Precise Copper Tube Group, Inc.’’
(June 15, 2010) (‘‘Golden Dragon’s Verification
Report’’) at 3; Golden Dragon’s Final Analysis
Memorandum at 2.
14 Id.
15 Id.
16 See Golden Dragon’s Verification Report at 3;
Golden Dragon’s Final Analysis Memorandum at 3.
17 See Golden Dragon’s Verification Report at 2,
29; Golden Dragon’s Final Analysis Memorandum
at 3.
18 See Issues and Decision Memorandum at
Comment 9; Golden Dragon’s Final Analysis
Memorandum at 3.
19 Id.
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pads to reflect the weights measured by
the Department during verification.20
11. The Department revised the
distances between Golden Dragon and
several of its suppliers.21
12. The Department revised the
distances between Golden Dragon and
several seaports, including the nearest
seaport.22
13. The Department revised the gross
unit price of eight invoices in which the
sales amount recorded in the U.S. sales
database was less than the sales amount
recorded in the records of the U.S. sales
staff.23
14. The Department revised the
reported international freight amount to
include a security fee that was not
reported in the U.S. sales database.24
15. The Department revised the credit
period over which the reported credit
expenses are based from the period
between the date of sale and the
payment date to the period between the
date of shipment and the payment
date.25
Changes Specific to the Hailiang Group
1. The Department determined that
the Hailiang Group has failed to
cooperate because it has not acted to the
best of its ability to comply with the
Department’s requests to provide factors
of production (‘‘FOP’’) on a productgroup specific basis. Therefore,
pursuant to section 776(b) of the Act,
the Department has found that, in
selecting from among the facts
otherwise available (‘‘FA’’), an adverse
inference is appropriate for the Hailiang
Group.26
2. The Department revised the
weighted-average per-unit FOP for water
to include the FOP for water reported on
a cubic meter per kilogram basis.27
20 See Golden Dragon’s Verification Report at 33;
Golden Dragon’s Final Analysis Memorandum at 3.
21 See Golden Dragon’s Verification Report at 32;
Golden Dragon’s Final Analysis Memorandum at
3–4, Attachment 4.
22 Id.
23 See Golden Dragon’s Verification Report at 2,
18; Golden Dragon’s Final Analysis Memorandum
at 4.
24 See Golden Dragon’s Verification Report at 2,
22; Golden Dragon’s Final Analysis Memorandum
at 4.
25 See Golden Dragon’s Verification Report at 2,
22–23; Golden Dragon’s Final Analysis
Memorandum at 4.
26 See Issues and Decision Memorandum at
Comment 12; Memorandum from Karine Gziryan,
International Trade Compliance Analyst, AD/CVD
Operations, Office 4, to the File, ‘‘Seamless Refined
Copper Pipe and Tube from the People’s Republic
of China: Final Analysis Memorandum for the
Hailiang Group’’ (September 24, 2010) (‘‘Hailiang
Group’s Final Analysis Memorandum’’) at 2.
27 See Issues and Decision Memorandum at
Comment 13; Hailiang Group’s Final Analysis
Memorandum at 2.
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3. The Department revised the
weighted-average per-unit FOP for
wooden crate.28
4. The Department revised its normal
value calculation to include carbon soot,
scale-like graphite, hydrogen, and mold
oils as direct materials.29
5. The Department revised its normal
value calculation to exclude polythene,
colorant, and anti-aging master batch.30
6. The Department revised its normal
value calculation to include nitrogen,
kerosene and charcoal as direct
inputs.31
7. The Department revised its normal
value calculation to include the labor
hours reported in the two additional
indirect labor fields from the Hailiang
Group’s post-verification sales
database.32
8. The Department incorporated all
changes from the Hailiang Group’s
minor corrections in the final
calculation of the Hailiang Group’s
antidumping margin.33
Scope of Investigation
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For the purpose of this investigation,
the products covered are all seamless
circular refined copper pipes and tubes,
including redraw hollows, greater than
or equal to 6 inches (152.4 mm) in
length and measuring less than 12.130
inches (308.102 mm) (actual) in 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–
28 See Issues and Decision Memorandum at
Comment 14; Hailiang Group’s Final Analysis
Memorandum at 3.
29 See Issues and Decision Memorandum at
Comment 15; Hailiang Group’s Final Analysis
Memorandum at 3.
30 Id.
31 See Issues and Decision Memorandum at
Comment 15; Hailiang Group’s Final Analysis
Memorandum at 4.
32 See Issues and Decision Memorandum at
Comment 17; Hailiang Group’s Final Analysis
Memorandum at 4.
33 See Issues and Decision Memorandum at
Comment 18; Hailiang Group’s Final Analysis
Memorandum at 4.
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B88, ASTM–B88M, ASTM–B188,
ASTM–B251, ASTM–B251M, ASTM–
B280, ASTM–B302, ASTM–B306,
ASTM–359, 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 weight of copper; or (2) metal
containing at least 97.5 percent by
weight of copper, provided that the
content by weight of any other element
does not exceed the following limits:
60727
Dragon and the Hailiang Group for use
in the final determination. The
Department used standard verification
procedures including examination of
relevant accounting and production
records and original source documents
provided by the respondents.34
Non-Market Economy Treatment
The Department considers the PRC to
be a non-market economy (‘‘NME’’)
country.35 In accordance with section
771(18)(C)(i) of the Act, any
determination that a foreign country is
an NME country shall remain in effect
until revoked by the administering
authority. No party has challenged the
designation of the PRC as an NME
country in this investigation. Therefore,
the Department continues to treat the
PRC as an NME country for purposes of
this final determination.
Surrogate Country
In the Preliminary Determination, the
Department stated that it selected India
Limiting content
as the appropriate surrogate country to
Element
percent by weight
use in this investigation for the
Ag—Silver .....................
0.25 following reasons: (1) It is a significant
producer of comparable merchandise;
As—Arsenic ..................
0.5
(2) it is at a similar level of economic
Cd—Cadmium ..............
1.3
Cr—Chromium ..............
1.4
development pursuant to section
Mg—Magnesium ...........
0.8
773(c)(4) of the Act; and (3) the
Pb—Lead ......................
1.5
Department has reliable data from India
S—Sulfur ......................
0.7
that it can use to value the FOPs.36 The
Sn—Tin .........................
0.8
Department received no comments on
Te—Tellurium ...............
0.8
this issue after the Preliminary
Zn—Zinc .......................
1.0
Determination and the Department has
Zr—Zirconium ...............
0.3
Other elements (each) ..
0.3
not made changes to its findings with
respect to the selection of a surrogate
Excluded from the scope of this
country for the final determination.
investigation are all seamless circular
Separate Rates
hollows of refined copper less than 12
inches in length whose OD (actual)
In proceedings involving NME
exceeds its length. The products subject countries, the Department holds a
to this investigation are currently
rebuttable presumption that all
classifiable under subheadings
companies within the country are
7411.10.1030 and 7411.10.1090 of the
subject to government control and, thus,
Harmonized Tariff Schedule of the
34 See Memorandum from Robert Bolling,
United States (‘‘HTSUS’’). Products
Program Manager, AD/CVD Operations, Office 4, to
subject to this investigation may also
the File, ‘‘Verification of the Sales and Factors
enter under HTSUS subheadings
Responses of Zhejiang Hailiang Co., Ltd.; Shanghai
7407.10.1500, 7419.99.5050,
Hailiang Co., Ltd.; and Hong Kong Hailiang Co.,
8415.90.8065, and 8415.90.8085.
Ltd. in the Antidumping Investigation of Seamless
Refined Copper Pipe and Tube from the People’s
Although the HTSUS subheadings are
Republic of China’’ (June 18, 2010); Memorandum
provided for convenience and customs
from Shawn Higgins, International Trade
purposes, the written description of the
Compliance Analyst, AD/CVD Operations, Office 4,
scope of this investigation is dispositive. to the File, ‘‘Antidumping Duty Investigation of
Scope Comments
The Department has not received
comments on the scope of this
investigation since the publication of
the Preliminary Determination.
Verification
As provided in section 782(i) of the
Act, the Department verified the
information submitted by Golden
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Seamless Refined Copper Pipe and Tube from the
People’s Republic of China: Verification of the
Questionnaire Responses of Golden Dragon Precise
Copper Tube Group, Inc.’’ (June 15, 2010).
35 See, e.g., Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination: Coated Free Sheet Paper from the
People’s Republic of China, 72 FR 30758, 30760
(June 4, 2007), unchanged in Final Determination
of Sales at Less Than Fair Value: Coated Free Sheet
Paper from the People’s Republic of China, 72 FR
60632 (October 25, 2007).
36 See Preliminary Determination, 75 FR at 26719.
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emcdonald on DSK2BSOYB1PROD with NOTICES
should be assessed a single antidumping
duty rate. It is the Department’s policy
to assign all exporters of subject
merchandise in an NME country this
single rate unless an exporter can
demonstrate that it is sufficiently
independent so as to be entitled to a
separate rate.37
In the Preliminary Determination, the
Department found that the following
companies demonstrated eligibility for
separate-rate status: Luvata Tube
(Zhongshan) Ltd.; Ningbo Jintian
Copper Tube Co. Ltd.; Zhejiang Naile
Copper Co., Ltd.; Zhejiang Jiahe Pipes
Inc.; and Luvata Alltop (Zhongshan)
Ltd. (collectively, the ‘‘Separate Rate
Applicants’’).38 Since the publication of
the Preliminary Determination, no party
has commented on the eligibility of the
Separate Rate Applicants for separaterate status. For the final determination,
the Department continues to find that
the evidence placed on the record of
this investigation by the Separate Rate
Applicants demonstrates both de jure
and de facto absence of government
control with respect to each company’s
respective exports of the merchandise
under investigation. Thus, the
Department continues to find that the
Separate Rate Applicants are eligible for
separate-rate status.
The separate rate is determined based
on the estimated weighted-average
dumping margins established for
exporters and producers individually
investigated, excluding zero and de
minimis margins or margins based
entirely on adverse facts available
(‘‘AFA’’).39 In this investigation both
mandatory respondents, Golden Dragon
and the Hailiang Group, have estimated
weighted-average dumping margins
which are above de minimis and which
are not based on total AFA. Therefore,
because there are only two relevant
weighted-average dumping margins for
this final determination and because
using a weighted average risks
disclosure of business proprietary
information, the separate rate is a
simple-average of these two values,
which is 36.05 percent.40
37 See Notice of Final Determination of Sales at
Less Than Fair Value: Sparklers from the People’s
Republic of China, 56 FR 20588 (May 6, 1991), as
further developed in Notice of Final Determination
of Sales at Less Than Fair Value: Silicon Carbide
from the People’s Republic of China, 59 FR 22585
(May 2, 1994).
38 See Preliminary Determination, 75 FR at 26720.
39 See section 735(c)(5)(A) of the Act.
40 See Steel Wire Garment Hangers from the
People’s Republic of China: Final Determination of
Sales at Less Than Fair Value, 73 FR 47587, 47591
(August 14, 2008).
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Use of FA and AFA
Section 776(a) of the Act provides that
the Department shall apply FA if (1)
necessary information is not on the
record, or (2) an interested party or any
other person (A) withholds information
that has been requested, (B) fails to
provide information within the
deadlines established, or in the form
and manner requested by the
Department, subject to subsections (c)(1)
and (e) of section 782 of the Act, (C)
significantly impedes a proceeding, or
(D) provides information that cannot be
verified as provided by section 782(i) of
the Act.
Section 776(b) of the Act further
provides that the Department may use
an adverse inference in applying FA
when a party has failed to cooperate by
not acting to the best of its ability to
comply with a request for information.
Such an adverse inference may include
reliance on information derived from
the petition, the final determination, a
previous administrative review, or other
information placed on the record.
Hailiang Group
In the Preliminary Determination, the
Department determined, pursuant to
section 776(a)(1) and (2)(B) of the Act,
that it was appropriate to base the
Hailiang Group’s preliminary dumping
margin, in part, on FA because (1) the
Hailiang Group’s own information on
the record indicates that it had the
ability to report its FOPs on a productgroup specific basis,41 and (2) the
Hailiang Group continued to report FOP
values that are identical for all
CONNUMs, despite the Department’s
multiple requests to provide this data on
a more specific basis.42 On April 29,
2010, the Department issued a
41 See Letter from the Hailiang Group to the
Secretary of Commerce, ‘‘Certain Seamless Refined
Copper Pipe & Tube from the People’s Republic of
China: Supplemental Section D Questionnaire
Response of Hailiang Group’’ (March 19, 2010) at
Exhibit 6; Letter from the Hailiang Group to the
Secretary of Commerce, ‘‘Certain Seamless Refined
Copper Pipe & Tube from the People’s Republic of
China: Supplemental Section D Questionnaire
Response of Hailiang Group’’ (April 12, 2010) at
Exhibit 12.
42 See Letter from Robert Bolling, Program
Manager, AD/CVD Operations, Office 4, to the
Hailiang Group, ‘‘Sections C&D Third Supplemental
Questionnaire’’ (April 28, 2010) at 2–3; Letter from
Robert Bolling, Program Manager, AD/CVD
Operations, Office 4, to the Hailiang Group,
‘‘Sections C&D Second Supplemental
Questionnaire’’ (March 29, 2010) at 5; Letter from
Robert Bolling, Program Manager, AD/CVD
Operations, Office 4, to the Hailiang Group,
‘‘Sections C&D Supplemental Questionnaire’’
(February 26, 2010) at 8–9; Letter from Robert
Bolling, Program Manager, AD/CVD Operations,
Office 4, to Zhejiang Hailiang, ‘‘Antidumping Duty
Investigation of Seamless Refined Copper Pipe and
Tube from the People’s Republic of China: Request
for Information’’ (December 4, 2009) at D–2.
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
questionnaire that requested the
Hailiang Group to report productspecific FOPs for different production
stages and, if the Hailiang Group
believed that this were not possible, to
comment on the product-group specific
processing yields that are on the record
of this investigation. However, the
Hailiang Group neither reported
product-specific FOPs for different
production stages nor explained why
these product-group specific processing
yields are incorrect and cannot be
applied in the calculation of productgroup specific FOPs.43 The Hailiang
Group had multiple opportunities both
before and after the Preliminary
Determination to explain why the
cumulative yields that were calculated
by Petitioners and used in the
Preliminary Determination were flawed
and could not be used in the final
determination. The Hailiang Group,
however, did not provide such an
explanation.
Because the Hailiang Group has
continued to report FOP values that are
identical for all CONNUMs, despite the
Department’s multiple requests to
provide this data on a more specific
basis, all the information necessary for
the Department to calculate an accurate
dumping margin for the Hailiang Group
is not on the record and available for
use in the final determination. Since the
Hailiang Group did not provide the
requested FOPs on a product-group
specific basis, this necessary
information was not available on the
record and, therefore, the Department
has determined, pursuant to section
776(a)(1) and (2)(B) of the Act, that it
continues to be appropriate to base the
Hailiang Group’s dumping margin, in
part, on FA. Furthermore, the
Department determines that the
Hailiang Group has failed to cooperate
because the Hailiang Group has not
acted to the best of its ability to comply
with the Department’s requests both
before and after the Preliminary
Determination to provide FOPs on a
product-group specific basis or to
explain why the cumulative yields
calculated by Petitioners and used in
the Preliminary Determination could
not be used in the final determination.
Therefore, pursuant to section 776(b) of
the Act, the Department finds that, in
43 See Letter from the Hailiang Group to the
Secretary of Commerce, ‘‘Certain Seamless Refined
Copper Pipe and Tube from the People’s Republic
of China: Third Supplemental Section D
Questionnaire & Part 1 of Post-Preliminary FOP
Response of Hailiang Group’’ (May 11, 2010); Letter
from the Hailiang Group to the Secretary of
Commerce, ‘‘Certain Seamless Refined Copper Pipe
and Tube from China: Part 2 of Post-Preliminary
FOP Response of the Hailiang Group’’ (May 14,
2010).
E:\FR\FM\01OCN1.SGM
01OCN1
Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices
selecting from among FA, an adverse
inference is appropriate for the Hailiang
Group.44
PRC-Wide Entity
In the Preliminary Determination, the
Department determimined that certain
PRC exporters/producers did not
respond to the Department’s requests for
information.45 Thus, the Department
treated these PRC exporters/producers
as part of the PRC-wide entity and
found that the PRC-wide entity did not
respond to our requests for
information.46 No additional
information was placed on the record
with respect to any of these companies
after the Preliminary Determination.
Since the PRC-wide entity did not
provide the Department with requested
information, pursuant to section
776(a)(2)(A) of the Act, the Department
continues to find it appropriate to base
the PRC-wide rate on FA.
The Department determines that,
because the PRC-wide entity did not
respond to our requests for information,
the PRC-wide entity has failed to
cooperate to the best of its ability.
Therefore, pursuant to section 776(b) of
the Act, the Department finds that, in
selecting from among the FA, an adverse
inference is appropriate for the PRCwide entity.
Because the Department begins with
the presumption that all companies
within an NME country are subject to
government control, and because only
Separate Rate Applicants have
overcome that presumption, the
Department is applying a single
antidumping rate (i.e., the PRC-wide
entity rate) to all other exporters of
subject merchandise from the PRC. Such
companies did not demonstrate
entitlement to a separate rate.47 The
PRC-wide entity rate applies to all
entries of subject merchandise except
for entries from Golden Dragon, the
Hailiang Group, and the Separate Rate
Applicants.
Selection of the AFA Rate for the PRCWide Entity
In selecting a rate for AFA, the
Department selects a rate that is
sufficiently adverse ‘‘as to effectuate the
purpose of the facts available rule to
induce respondents to provide the
Department with complete and accurate
information in a timely manner.’’ 48
Further, it is the Department’s practice
to select a rate that ensures ‘‘that the
party does not obtain a more favorable
result by failing to cooperate than if it
had cooperated fully.’’ 49 It is the
Department’s practice to select, as AFA,
the higher of the (a) highest margin
alleged in the petition, or (b) the highest
calculated rate of any respondent in the
investigation.50 In the instant
60729
investigation, as AFA, the Department
has assigned to the PRC-wide entity the
highest rate on the record of this
proceeding, which is the 60.85 percent
weighted-average margin calculated for
the Hailiang Group.51 The Department
determines that this information is the
most appropriate from the available
sources to effectuate the purposes of
AFA.
The dumping margin for the PRCwide entity applies to all entries of the
merchandise under investigation except
for entries of merchandise under
investigation from the exporter/
manufacturer combinations listed in the
chart in the ‘‘Final Determination’’
section below.
Combination Rates
In the Initiation Notice, the
Department stated that it would
calculate combination rates for certain
respondents that are eligible for a
separate rate in this investigation.52 This
practice is described in Policy Bulletin
05.1, available at http://www.trade.gov/
ia.
Final Determination
The Department determines that the
following dumping margins exist for the
period January 1, 2009 through June 30,
2009:
Weightedaverage
percent
margin
Exporter
Producer
Golden Dragon Precise Copper Tube Group, Inc .........................
Zhejiang Hailiang Co., Ltd.; Hong Kong Hailiang Metal Trading ...
Limited; Shanghai Hailiang Copper Co., Ltd
Zhejiang Naile Copper Co., Ltd .....................................................
Zhejiang Jiahe Pipes Inc ................................................................
Luvata Tube (Zhongshan) Ltd ........................................................
Luvata Tube (Zhongshan) Ltd ........................................................
Luvata Alltop (Zhongshan) Ltd .......................................................
Ningbo Jintian Copper Tube Co. Ltd .............................................
PRC-Wide Entity ............................................................................
Golden Dragon Precise Copper Tube Group, Inc ........................
Zhejiang Hailiang Co., Ltd.; Shanghai Hailiang Copper Co., Ltd
11.25
60.85
Zhejiang Naile Copper Co., Ltd ....................................................
Zhejiang Jiahe Pipes Inc ..............................................................
Luvata Tube (Zhongshan) Ltd ......................................................
Luvata Alltop (Zhongshan) Ltd .....................................................
Luvata Alltop (Zhongshan) Ltd .....................................................
Ningbo Jintian Copper Tube Co. Ltd ............................................
PRC-Wide Entity ...........................................................................
36.05
36.05
36.05
36.05
36.05
36.05
60.85
Disclosure
emcdonald on DSK2BSOYB1PROD with NOTICES
The Department will disclose the
calculations performed within five days
of the date of publication of this notice
44 See Issues and Decision Memorandum at
Comment 12; Hailiang Group’s Final Analysis
Memorandum at 6.
45 See Preliminary Determination, 75 FR at 26722.
46 Id.
47 See, e.g., Synthetic Indigo From the People’s
Republic of China; Notice of Final Determination of
Sales at Less Than Fair Value, 65 FR 25706 (May
3, 2000).
48 See Notice of Final Determination of Sales at
Less Than Fair Value: Static Random Access
VerDate Mar<15>2010
17:34 Sep 30, 2010
Jkt 220001
to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Suspension of Liquidation
Memory Semiconductors From Taiwan, 63 FR 8909,
8932 (February 23, 1998).
49 See Brake Rotors From the People’s Republic of
China: Final Results and Partial Rescission of the
Seventh Administrative Review; Final Results of the
Eleventh New Shipper Review, 70 FR 69937, 69939
(November 18, 2005) (quoting the Statement of
Administrative Action accompanying the Uruguay
Round Agreements Act, H. Doc. No. 316, 103d
Cong., 2d Session at 870 (1994)).
50 See Final Determination of Sales at Less Than
Fair Value: Certain Cold-Rolled Flat-Rolled Carbon
Quality Steel Products From The People’s Republic
of China, 65 FR 34660 (May 31, 2000) and
accompanying Issues and Decision Memorandum at
‘‘Facts Available.’’
51 See Hailiang Group’s Final Analysis
Memorandum at 1, Attachment III.
52 See Seamless Refined Copper Pipe and Tube
From the People’s Republic of China and Mexico:
Initiation of Antidumping Duty Investigations, 74
FR 55194, 55199 (October 27, 2009) (‘‘Initiation
Notice’’).
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
In accordance with section
735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border
Protection (‘‘CBP’’) to continue to
E:\FR\FM\01OCN1.SGM
01OCN1
60730
Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Notices
suspend liquidation of all entries of
copper pipe and tube from the PRC, as
described in the ‘‘Scope of Investigation’’
section, entered, or withdrawn from
warehouse, for consumption on or after
May 12, 2010, the date of publication of
the Preliminary Determination in the
Federal Register. The Department will
instruct CBP to require a cash deposit or
the posting of a bond equal to the
weighted-average amount by which the
normal value exceeds U.S. price, as
indicated above.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, the Department has notified the
International Trade Commission (‘‘ITC’’)
of the final affirmative determination of
sales at LTFV. As the Department’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, within 45 days the ITC will
determine 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 the subject merchandise.
If the ITC determines that material
injury or threat of material injury does
not exist, the proceeding will be
terminated and all securities posted will
be refunded or canceled. If the ITC
determines that such injury does exist,
the Department will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
the Department, 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.
emcdonald on DSK2BSOYB1PROD with NOTICES
Notification Regarding APO
This notice also serves as a reminder
to the parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act.
VerDate Mar<15>2010
17:34 Sep 30, 2010
Jkt 220001
Dated: September 24, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Comment 18: Whether the Department
should make certain minor corrections.
[FR Doc. 2010–24720 Filed 9–30–10; 8:45 am]
BILLING CODE 3510–DS–P
Appendix I
Issues for Final Determination
Comment 1: Whether the Department should
revise its labor rate calculation.
Comment 2: Whether the Department should
revise its calculation of the surrogate
financial ratios.
Comment 3: Whether the Department should
issue cash deposit instructions that
contain ad valorem rates or specific
rates.
DEPARTMENT OF COMMERCE
Issues Specific to Golden Dragon Precise
Copper Tube Group, Inc.
Comment 4: Whether the Department should
treat copper cathode purchases by
Golden Dragon from a certain supplier in
the Peoples’s Republic of China as nonmarket economy purchases.
Comment 5: Whether the Department should
recalculate Golden Dragon’s copper
cathode cost based on the bonded and
general trade copper cathode purchases
during the period of investigation.
Comment 6: Whether the Department should
revise the surrogate value for plywood
batten consumed by Golden Dragon.
Comment 7: Whether the Department should
consider solvent consumed by Golden
Dragon to be a direct material input.
Comment 8: Whether the Department should
include salaries paid to two employees
of Golden Dragon who worked in the
United States during the period of
investigation as indirect U.S. selling
expenses.
Comment 9: Whether the Department should
adjust the factor of production for
electricity for 7 mm and 9 mm innergrooved tube products.
Comment 10: Whether the Department
should make certain minor corrections.
AGENCY:
Issues Specific to Zhejiang Hailiang Co., Ltd.,
Shanghai Hailiang Copper Co., Ltd., and
Hong Kong Hailiang Metal Trading Limited
Comment 11: Whether to use facts available
with regard to the Hailiang Group’s line
set sales.
Comment 12: Whether to use of facts
available with regard to the Hailiang
Group’s factors of production.
Comment 13: Whether to correct the water
usage factor of production used in the
Preliminary Determination.
Comment 14: Whether the Department
should accept the post-preliminary
correction of the consumption of
Shanghai Hailiang’s wooden crates.
Comment 15: Whether to continue
considering certain raw materials as
factors of production or exclude them
from the calculation of the Hailiang
Group’s normal value.
Comment 16: Whether to continue using the
actual weight reported by the Hailiang
Group in its United States sales database.
Comment 17: Whether to include two
additional categories of indirect labor as
labor inputs.
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Initiation of Antidumping
Duty New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 1, 2010.
SUMMARY: The Department of Commerce
(‘‘Department’’) has determined that a
request for a new shipper review
(‘‘NSR’’) of the antidumping duty order
on certain frozen warmwater shrimp
(‘‘shrimp’’) from the Socialist Republic
of Vietnam (‘‘Vietnam’’), received on
August 26, 2010, meets the statutory
and regulatory requirements for
initiation. The period of review (‘‘POR’’)
for this NSR is February 1, 2010–July
31, 2010.
FOR FURTHER INFORMATION CONTACT: Paul
Walker, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: 202–482–0413.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the
antidumping duty order on shrimp from
Vietnam was published in the Federal
Register on February 1, 2005.1 On
August 26, 2010, pursuant to section
751(a)(2)(B)(i) of the Tariff Act of 1930,
as amended (‘‘Act’’), and section
351.214(c) of the Department’s
regulations, the Department received a
NSR request from Quoc Viet
Seaproducts Processing Trading and
Import-Export Co., Ltd. (‘‘Quoc Viet’’).
Quoc Viet’s request was properly made
during August 2010, which is the semiannual anniversary of the Order. Quoc
Viet certified that it is a producer and
exporter of the subject merchandise
upon which the request was based.
Pursuant to section 751(a)(2)(B)(i)(I) of
the Act and section 351.214(b)(2)(i) of
the Department’s regulations, Quoc Viet
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Certain Frozen Warmwater Shrimp
From the Socialist Republic of Vietnam, 70 FR 5152
(February 1, 2005) (‘‘Order’’).
E:\FR\FM\01OCN1.SGM
01OCN1
]]>Agencies
[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Notices]
[Pages 60725-60730]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24720]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-964]
Seamless Refined Copper Pipe and Tube From the People's Republic
of China: Final Determination of Sales at Less Than Fair Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 1, 2010.
SUMMARY: On May 12, 2010, the Department of Commerce (the
``Department'') published its preliminary determination of sales at
less than fair value (``LTFV'') in the antidumping duty investigation
of seamless refined copper pipe and tube (``copper pipe and tube'')
from the People's Republic of China (``PRC'').\1\ The Department
invited interested parties to comment on the Preliminary Determination.
Based on the Department's analysis of the comments received, the
Department has made changes from the Preliminary Determination. The
Department determines that copper pipe and tube from the PRC is being,
or is likely to be, sold in the United States at LTFV as provided in
section 735 of the Tariff Act of 1930, as amended (the ``Act''). The
final dumping margins for this investigation are listed in the ``Final
Determination'' section below.
---------------------------------------------------------------------------
\1\ See Seamless Refined Copper Pipe and Tube from the People's
Republic of China: Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination, 75 FR 26716 (May
12, 2010) (``Preliminary Determination'').
FOR FURTHER INFORMATION CONTACT: Karine Gziryan or Shawn Higgins, AD/
CVD Operations, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
---------------------------------------------------------------------------
4081 and (202) 482-0679, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published its Preliminary Determination of sales at
LTFV and postponement of the final determination on May 12, 2010.
Between May 24, 2010, and June 1, 2010, the Department conducted
verification of mandatory respondents Golden Dragon Precise Copper Tube
Group, Inc. (``Golden Dragon'') and Zhejiang Hailiang Co., Ltd.,
Shanghai Hailiang Copper Co., Ltd., and Hong Kong Hailiang Metal
Trading Limited (collectively, the ``Hailiang Group'').\2\
---------------------------------------------------------------------------
\2\ See the ``Verification'' section below.
---------------------------------------------------------------------------
Cerro Flow Products, Inc., KobeWieland Copper Products, LLC,
Mueller Copper Tube Company, Inc. (collectively, ``Petitioners''),
Golden Dragon, and the Hailiang Group submitted case briefs on July 2,
2010.\3\ On July 9, 2010, Petitioners, Golden Dragon, and the Hailiang
Group filed rebuttal briefs.\4\ The Department conducted a public
hearing on August 4, 2010.
---------------------------------------------------------------------------
\3\ See Letter from Petitioners to the Secretary of Commerce,
``Seamless Refined Copper Pipe and Tube from the People's Republic
of China; Investigation; Case Brief of Petitioners'' (July 2, 2010);
Letter from Golden Dragon to the Secretary of Commerce, ``Seamless
Refined Copper Pipe and Tube from the People's Republic of China''
(July 2, 2010); Letter from the Hailiang Group to the Secretary of
Commerce, ``Seamless Refined Copper Pipe & Tube from the People's
Republic of China: The Hailiang Group--Administrative Case Brief''
(July 2, 2010).
\4\ See Letter from Petitioners to the Secretary of Commerce,
``Seamless Refined Copper Pipe and Tube from the People's Republic
of China; Investigation; Rebuttal Brief of Petitioners'' (July 9,
2010); Letter from Golden Dragon to the Secretary of Commerce,
``Seamless Refined Copper Pipe and Tube from the People's Republic
of China'' (July 9, 2010); Letter from the Hailiang Group to the
Secretary of Commerce, ``Seamless Refined Copper Pipe & Tube from
the People's Republic of China: Rebuttal Brief of the Hailiang
Group'' (July 9, 2010).
---------------------------------------------------------------------------
On August 3, 2010, the Department notified parties that as a result
of the recent decision in Dorbest Ltd. v. United States, 604 F.3d 1363
(Fed. Cir. 2010) (``Dorbest''), issued by the United States Court of
Appeals for the Federal Circuit (``CAFC'') on May 14, 2010, the
Department would be reconsidering its valuation of the labor wage rate
in this investigation. The Department placed export data on the record
of the investigation and gave parties an opportunity to comment on the
narrow issue of the labor wage value in light of the CAFC's
decision.\5\ On August 9, 2010, Petitioners and Golden Dragon submitted
comments regarding the wage rate issue.\6\
---------------------------------------------------------------------------
\5\ See Memorandum from Shawn Higgins, International Trade
Compliance Analyst, AD/CVD Operations, Office 4, ``Antidumping Duty
Investigation of Seamless Refined Copper Pipe and Tube from the
People's Republic of China: Wage Data'' (August 3, 2010).
\6\ See Letter from Petitioners to the Secretary of Commerce,
``Seamless Refined Copper Pipe and Tube from China; Petitioners'
Comments on the Surrogate Value for Labor'' (August 9, 2010); Letter
from Golden Dragon to the Secretary of Commerce, ``Seamless Refined
Copper Pipe and Tube from the People's Republic of China: Golden
Dragon Precise Copper Tube Group, Inc.'' (August 9, 2010).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (``POI'') is January 1, 2009, through
June 30, 2009. This period corresponds to the two most recent fiscal
quarters prior to the month
[[Page 60726]]
of the filing of the petition (i.e., September, 2009).\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this investigation, as well as comments received pursuant to the
Department's requests, are addressed in the Issues and Decision
Memorandum.\8\ A list of the issues which parties raised and to which
the Department responds in the Issues and Decision Memorandum is
attached to this notice as Appendix I. The Issues and Decision
Memorandum is a public document that is on file in the Central Records
Unit, Room 7046 of the main Commerce building and accessible at http://trade.gov/ia. The paper copy and electronic version of the memorandum
are identical in content.
---------------------------------------------------------------------------
\8\ See Memorandum from Susan H. Kuhbach, Acting Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration, ``Issues and Decision Memorandum for the
Final Determination in the Antidumping Duty Investigation of
Seamless Refined Copper Pipe and Tube from the People's Republic of
China'' (September 24, 2010) (``Issues and Decision Memorandum'').
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Changes Applicable to Multiple Companies
1. Pursuant to Dorbest, the Department calculated an hourly wage
rate by averaging earnings and/or wages in countries that are
economically comparable to the PRC and that are significant producers
of comparable merchandise.\9\
---------------------------------------------------------------------------
\9\ See Issues and Decision Memorandum at Comment 1; Memorandum
to the File from Shawn Higgins, International Trade Compliance
Analyst, AD/CVD Operations, Office 4, ``Investigation of Seamless
Refined Copper Pipe and Tube from the People's Republic of China:
Final Surrogate Value Memorandum,'' (September 24, 2010) (``Final
Surrogate Value Memorandum'') at 2, Attachment 3.
---------------------------------------------------------------------------
2. The Department made several adjustments to the calculations of
the surrogate financial ratios.\10\
---------------------------------------------------------------------------
\10\ See Issues and Decision Memorandum at Comment 2; Final
Surrogate Value Memorandum at 2, Attachment 4.
---------------------------------------------------------------------------
Changes Specific to Golden Dragon
1. The Department treated Golden Dragon's copper cathode purchases
from a certain PRC supplier as market economy purchases.\11\
---------------------------------------------------------------------------
\11\ See Issues and Decision Memorandum at Comment 4; Memorandum
from Shawn Higgins, International Trade Compliance Analyst, AD/CVD
Operations, Office 4, to the File, ``Seamless Refined Copper Pipe
and Tube from the People's Republic of China: Final Analysis
Memorandum for Golden Dragon Precise Copper Tube Group, Inc.''
(September 24, 2010) (``Golden Dragon's Final Analysis Memorandum'')
at 1-2, Attachment 1.
---------------------------------------------------------------------------
2. In accordance with section 777A(a)(2) of the Act and 19 CFR
351.413, the Department declined to make certain adjustments to the
calculation of indirect U.S. selling expenses for salaries paid to two
employees of Golden Dragon who worked in the United States during the
POI because these adjustments are insignificant in relation to the
price of the merchandise.\12\
---------------------------------------------------------------------------
\12\ See Issues and Decision Memorandum at Comment 8; Golden
Dragon's Final Analysis Memorandum at 2, Attachment 3.
---------------------------------------------------------------------------
3. The Department revised the reported wall thickness for one
control number (``CONNUM'').\13\
---------------------------------------------------------------------------
\13\ See Memorandum from Shawn Higgins, International Trade
Compliance Analyst, AD/CVD Operations, Office 4, to the File,
``Antidumping Duty Investigation of Seamless Refined Copper Pipe and
Tube from the People's Republic of China: Verification of the
Questionnaire Responses of Golden Dragon Precise Copper Tube Group,
Inc.'' (June 15, 2010) (``Golden Dragon's Verification Report'') at
3; Golden Dragon's Final Analysis Memorandum at 2.
---------------------------------------------------------------------------
4. The Department revised the reported electricity consumption to
account for indirect consumption of electricity.\14\
---------------------------------------------------------------------------
\14\ Id.
---------------------------------------------------------------------------
5. The Department revised the reported indirect labor to account
for previously unreported labor hours.\15\
---------------------------------------------------------------------------
\15\ Id.
---------------------------------------------------------------------------
6. The Department revised the reported water consumption to reflect
the water consumption calculated in Golden Dragon's cost
reconciliation.\16\
---------------------------------------------------------------------------
\16\ See Golden Dragon's Verification Report at 3; Golden
Dragon's Final Analysis Memorandum at 3.
---------------------------------------------------------------------------
7. The Department revised the reported direct labor and electricity
consumption to reflect the correct production quantities at all stages
of the production process.\17\
---------------------------------------------------------------------------
\17\ See Golden Dragon's Verification Report at 2, 29; Golden
Dragon's Final Analysis Memorandum at 3.
---------------------------------------------------------------------------
8. The Department revised the reported electricity consumption to
reflect the correct allocation of electricity to the different inner
grooved tubes (``IGT'') based on the IGT forming processing stage
consumption that corresponds to each type of IGT.\18\
---------------------------------------------------------------------------
\18\ See Issues and Decision Memorandum at Comment 9; Golden
Dragon's Final Analysis Memorandum at 3.
---------------------------------------------------------------------------
9. The Department adjusted the reported electricity and direct
labor consumption for a particular CONNUM to reflect the lower
electricity and direct labor usage rates for a nine millimeter (mm) IGT
product instead of the higher rates for a seven mm product.\19\
---------------------------------------------------------------------------
\19\ Id.
---------------------------------------------------------------------------
10. The Department revised the reported consumption of plastic
plugs, wood boards, rubber plugs, and paper pads to reflect the weights
measured by the Department during verification.\20\
---------------------------------------------------------------------------
\20\ See Golden Dragon's Verification Report at 33; Golden
Dragon's Final Analysis Memorandum at 3.
---------------------------------------------------------------------------
11. The Department revised the distances between Golden Dragon and
several of its suppliers.\21\
---------------------------------------------------------------------------
\21\ See Golden Dragon's Verification Report at 32; Golden
Dragon's Final Analysis Memorandum at 3-4, Attachment 4.
---------------------------------------------------------------------------
12. The Department revised the distances between Golden Dragon and
several seaports, including the nearest seaport.\22\
---------------------------------------------------------------------------
\22\ Id.
---------------------------------------------------------------------------
13. The Department revised the gross unit price of eight invoices
in which the sales amount recorded in the U.S. sales database was less
than the sales amount recorded in the records of the U.S. sales
staff.\23\
---------------------------------------------------------------------------
\23\ See Golden Dragon's Verification Report at 2, 18; Golden
Dragon's Final Analysis Memorandum at 4.
---------------------------------------------------------------------------
14. The Department revised the reported international freight
amount to include a security fee that was not reported in the U.S.
sales database.\24\
---------------------------------------------------------------------------
\24\ See Golden Dragon's Verification Report at 2, 22; Golden
Dragon's Final Analysis Memorandum at 4.
---------------------------------------------------------------------------
15. The Department revised the credit period over which the
reported credit expenses are based from the period between the date of
sale and the payment date to the period between the date of shipment
and the payment date.\25\
---------------------------------------------------------------------------
\25\ See Golden Dragon's Verification Report at 2, 22-23; Golden
Dragon's Final Analysis Memorandum at 4.
---------------------------------------------------------------------------
Changes Specific to the Hailiang Group
1. The Department determined that the Hailiang Group has failed to
cooperate because it has not acted to the best of its ability to comply
with the Department's requests to provide factors of production
(``FOP'') on a product-group specific basis. Therefore, pursuant to
section 776(b) of the Act, the Department has found that, in selecting
from among the facts otherwise available (``FA''), an adverse inference
is appropriate for the Hailiang Group.\26\
---------------------------------------------------------------------------
\26\ See Issues and Decision Memorandum at Comment 12;
Memorandum from Karine Gziryan, International Trade Compliance
Analyst, AD/CVD Operations, Office 4, to the File, ``Seamless
Refined Copper Pipe and Tube from the People's Republic of China:
Final Analysis Memorandum for the Hailiang Group'' (September 24,
2010) (``Hailiang Group's Final Analysis Memorandum'') at 2.
---------------------------------------------------------------------------
2. The Department revised the weighted-average per-unit FOP for
water to include the FOP for water reported on a cubic meter per
kilogram basis.\27\
---------------------------------------------------------------------------
\27\ See Issues and Decision Memorandum at Comment 13; Hailiang
Group's Final Analysis Memorandum at 2.
---------------------------------------------------------------------------
[[Page 60727]]
3. The Department revised the weighted-average per-unit FOP for
wooden crate.\28\
---------------------------------------------------------------------------
\28\ See Issues and Decision Memorandum at Comment 14; Hailiang
Group's Final Analysis Memorandum at 3.
---------------------------------------------------------------------------
4. The Department revised its normal value calculation to include
carbon soot, scale-like graphite, hydrogen, and mold oils as direct
materials.\29\
---------------------------------------------------------------------------
\29\ See Issues and Decision Memorandum at Comment 15; Hailiang
Group's Final Analysis Memorandum at 3.
---------------------------------------------------------------------------
5. The Department revised its normal value calculation to exclude
polythene, colorant, and anti-aging master batch.\30\
---------------------------------------------------------------------------
\30\ Id.
---------------------------------------------------------------------------
6. The Department revised its normal value calculation to include
nitrogen, kerosene and charcoal as direct inputs.\31\
---------------------------------------------------------------------------
\31\ See Issues and Decision Memorandum at Comment 15; Hailiang
Group's Final Analysis Memorandum at 4.
---------------------------------------------------------------------------
7. The Department revised its normal value calculation to include
the labor hours reported in the two additional indirect labor fields
from the Hailiang Group's post-verification sales database.\32\
---------------------------------------------------------------------------
\32\ See Issues and Decision Memorandum at Comment 17; Hailiang
Group's Final Analysis Memorandum at 4.
---------------------------------------------------------------------------
8. The Department incorporated all changes from the Hailiang
Group's minor corrections in the final calculation of the Hailiang
Group's antidumping margin.\33\
---------------------------------------------------------------------------
\33\ See Issues and Decision Memorandum at Comment 18; Hailiang
Group's Final Analysis Memorandum at 4.
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Scope of Investigation
For the purpose of this investigation, the products covered are all
seamless circular refined copper pipes and tubes, including redraw
hollows, greater than or equal to 6 inches (152.4 mm) in length and
measuring less than 12.130 inches (308.102 mm) (actual) in 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-359, 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 weight of copper; or (2) metal containing at least
97.5 percent by weight of copper, provided that the content by 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 length whose
OD (actual) exceeds its 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 States
(``HTSUS''). Products subject to this 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 this investigation is dispositive.
Scope Comments
The Department has not received comments on the scope of this
investigation since the publication of the Preliminary Determination.
Verification
As provided in section 782(i) of the Act, the Department verified
the information submitted by Golden Dragon and the Hailiang Group for
use in the final determination. The Department used standard
verification procedures including examination of relevant accounting
and production records and original source documents provided by the
respondents.\34\
---------------------------------------------------------------------------
\34\ See Memorandum from Robert Bolling, Program Manager, AD/CVD
Operations, Office 4, to the File, ``Verification of the Sales and
Factors Responses of Zhejiang Hailiang Co., Ltd.; Shanghai Hailiang
Co., Ltd.; and Hong Kong Hailiang Co., Ltd. in the Antidumping
Investigation of Seamless Refined Copper Pipe and Tube from the
People's Republic of China'' (June 18, 2010); Memorandum from Shawn
Higgins, International Trade Compliance Analyst, AD/CVD Operations,
Office 4, to the File, ``Antidumping Duty Investigation of Seamless
Refined Copper Pipe and Tube from the People's Republic of China:
Verification of the Questionnaire Responses of Golden Dragon Precise
Copper Tube Group, Inc.'' (June 15, 2010).
---------------------------------------------------------------------------
Non-Market Economy Treatment
The Department considers the PRC to be a non-market economy
(``NME'') country.\35\ In accordance with section 771(18)(C)(i) of the
Act, any determination that a foreign country is an NME country shall
remain in effect until revoked by the administering authority. No party
has challenged the designation of the PRC as an NME country in this
investigation. Therefore, the Department continues to treat the PRC as
an NME country for purposes of this final determination.
---------------------------------------------------------------------------
\35\ See, e.g., Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination: Coated Free
Sheet Paper from the People's Republic of China, 72 FR 30758, 30760
(June 4, 2007), unchanged in Final Determination of Sales at Less
Than Fair Value: Coated Free Sheet Paper from the People's Republic
of China, 72 FR 60632 (October 25, 2007).
---------------------------------------------------------------------------
Surrogate Country
In the Preliminary Determination, the Department stated that it
selected India as the appropriate surrogate country to use in this
investigation for the following reasons: (1) It is a significant
producer of comparable merchandise; (2) it is at a similar level of
economic development pursuant to section 773(c)(4) of the Act; and (3)
the Department has reliable data from India that it can use to value
the FOPs.\36\ The Department received no comments on this issue after
the Preliminary Determination and the Department has not made changes
to its findings with respect to the selection of a surrogate country
for the final determination.
---------------------------------------------------------------------------
\36\ See Preliminary Determination, 75 FR at 26719.
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Separate Rates
In proceedings involving NME countries, the Department holds a
rebuttable presumption that all companies within the country are
subject to government control and, thus,
[[Page 60728]]
should be assessed a single antidumping duty rate. It is the
Department's policy to assign all exporters of subject merchandise in
an NME country this single rate unless an exporter can demonstrate that
it is sufficiently independent so as to be entitled to a separate
rate.\37\
---------------------------------------------------------------------------
\37\ See Notice of Final Determination of Sales at Less Than
Fair Value: Sparklers from the People's Republic of China, 56 FR
20588 (May 6, 1991), as further developed in Notice of Final
Determination of Sales at Less Than Fair Value: Silicon Carbide from
the People's Republic of China, 59 FR 22585 (May 2, 1994).
---------------------------------------------------------------------------
In the Preliminary Determination, the Department found that the
following companies demonstrated eligibility for separate-rate status:
Luvata Tube (Zhongshan) Ltd.; Ningbo Jintian Copper Tube Co. Ltd.;
Zhejiang Naile Copper Co., Ltd.; Zhejiang Jiahe Pipes Inc.; and Luvata
Alltop (Zhongshan) Ltd. (collectively, the ``Separate Rate
Applicants'').\38\ Since the publication of the Preliminary
Determination, no party has commented on the eligibility of the
Separate Rate Applicants for separate-rate status. For the final
determination, the Department continues to find that the evidence
placed on the record of this investigation by the Separate Rate
Applicants demonstrates both de jure and de facto absence of government
control with respect to each company's respective exports of the
merchandise under investigation. Thus, the Department continues to find
that the Separate Rate Applicants are eligible for separate-rate
status.
---------------------------------------------------------------------------
\38\ See Preliminary Determination, 75 FR at 26720.
---------------------------------------------------------------------------
The separate rate is determined based on the estimated weighted-
average dumping margins established for exporters and producers
individually investigated, excluding zero and de minimis margins or
margins based entirely on adverse facts available (``AFA'').\39\ In
this investigation both mandatory respondents, Golden Dragon and the
Hailiang Group, have estimated weighted-average dumping margins which
are above de minimis and which are not based on total AFA. Therefore,
because there are only two relevant weighted-average dumping margins
for this final determination and because using a weighted average risks
disclosure of business proprietary information, the separate rate is a
simple-average of these two values, which is 36.05 percent.\40\
---------------------------------------------------------------------------
\39\ See section 735(c)(5)(A) of the Act.
\40\ See Steel Wire Garment Hangers from the People's Republic
of China: Final Determination of Sales at Less Than Fair Value, 73
FR 47587, 47591 (August 14, 2008).
---------------------------------------------------------------------------
Use of FA and AFA
Section 776(a) of the Act provides that the Department shall apply
FA if (1) necessary information is not on the record, or (2) an
interested party or any other person (A) withholds information that has
been requested, (B) fails to provide information within the deadlines
established, or in the form and manner requested by the Department,
subject to subsections (c)(1) and (e) of section 782 of the Act, (C)
significantly impedes a proceeding, or (D) provides information that
cannot be verified as provided by section 782(i) of the Act.
Section 776(b) of the Act further provides that the Department may
use an adverse inference in applying FA when a party has failed to
cooperate by not acting to the best of its ability to comply with a
request for information. Such an adverse inference may include reliance
on information derived from the petition, the final determination, a
previous administrative review, or other information placed on the
record.
Hailiang Group
In the Preliminary Determination, the Department determined,
pursuant to section 776(a)(1) and (2)(B) of the Act, that it was
appropriate to base the Hailiang Group's preliminary dumping margin, in
part, on FA because (1) the Hailiang Group's own information on the
record indicates that it had the ability to report its FOPs on a
product-group specific basis,\41\ and (2) the Hailiang Group continued
to report FOP values that are identical for all CONNUMs, despite the
Department's multiple requests to provide this data on a more specific
basis.\42\ On April 29, 2010, the Department issued a questionnaire
that requested the Hailiang Group to report product-specific FOPs for
different production stages and, if the Hailiang Group believed that
this were not possible, to comment on the product-group specific
processing yields that are on the record of this investigation.
However, the Hailiang Group neither reported product-specific FOPs for
different production stages nor explained why these product-group
specific processing yields are incorrect and cannot be applied in the
calculation of product-group specific FOPs.\43\ The Hailiang Group had
multiple opportunities both before and after the Preliminary
Determination to explain why the cumulative yields that were calculated
by Petitioners and used in the Preliminary Determination were flawed
and could not be used in the final determination. The Hailiang Group,
however, did not provide such an explanation.
---------------------------------------------------------------------------
\41\ See Letter from the Hailiang Group to the Secretary of
Commerce, ``Certain Seamless Refined Copper Pipe & Tube from the
People's Republic of China: Supplemental Section D Questionnaire
Response of Hailiang Group'' (March 19, 2010) at Exhibit 6; Letter
from the Hailiang Group to the Secretary of Commerce, ``Certain
Seamless Refined Copper Pipe & Tube from the People's Republic of
China: Supplemental Section D Questionnaire Response of Hailiang
Group'' (April 12, 2010) at Exhibit 12.
\42\ See Letter from Robert Bolling, Program Manager, AD/CVD
Operations, Office 4, to the Hailiang Group, ``Sections C&D Third
Supplemental Questionnaire'' (April 28, 2010) at 2-3; Letter from
Robert Bolling, Program Manager, AD/CVD Operations, Office 4, to the
Hailiang Group, ``Sections C&D Second Supplemental Questionnaire''
(March 29, 2010) at 5; Letter from Robert Bolling, Program Manager,
AD/CVD Operations, Office 4, to the Hailiang Group, ``Sections C&D
Supplemental Questionnaire'' (February 26, 2010) at 8-9; Letter from
Robert Bolling, Program Manager, AD/CVD Operations, Office 4, to
Zhejiang Hailiang, ``Antidumping Duty Investigation of Seamless
Refined Copper Pipe and Tube from the People's Republic of China:
Request for Information'' (December 4, 2009) at D-2.
\43\ See Letter from the Hailiang Group to the Secretary of
Commerce, ``Certain Seamless Refined Copper Pipe and Tube from the
People's Republic of China: Third Supplemental Section D
Questionnaire & Part 1 of Post-Preliminary FOP Response of Hailiang
Group'' (May 11, 2010); Letter from the Hailiang Group to the
Secretary of Commerce, ``Certain Seamless Refined Copper Pipe and
Tube from China: Part 2 of Post-Preliminary FOP Response of the
Hailiang Group'' (May 14, 2010).
---------------------------------------------------------------------------
Because the Hailiang Group has continued to report FOP values that
are identical for all CONNUMs, despite the Department's multiple
requests to provide this data on a more specific basis, all the
information necessary for the Department to calculate an accurate
dumping margin for the Hailiang Group is not on the record and
available for use in the final determination. Since the Hailiang Group
did not provide the requested FOPs on a product-group specific basis,
this necessary information was not available on the record and,
therefore, the Department has determined, pursuant to section 776(a)(1)
and (2)(B) of the Act, that it continues to be appropriate to base the
Hailiang Group's dumping margin, in part, on FA. Furthermore, the
Department determines that the Hailiang Group has failed to cooperate
because the Hailiang Group has not acted to the best of its ability to
comply with the Department's requests both before and after the
Preliminary Determination to provide FOPs on a product-group specific
basis or to explain why the cumulative yields calculated by Petitioners
and used in the Preliminary Determination could not be used in the
final determination. Therefore, pursuant to section 776(b) of the Act,
the Department finds that, in
[[Page 60729]]
selecting from among FA, an adverse inference is appropriate for the
Hailiang Group.\44\
---------------------------------------------------------------------------
\44\ See Issues and Decision Memorandum at Comment 12; Hailiang
Group's Final Analysis Memorandum at 6.
---------------------------------------------------------------------------
PRC-Wide Entity
In the Preliminary Determination, the Department determimined that
certain PRC exporters/producers did not respond to the Department's
requests for information.\45\ Thus, the Department treated these PRC
exporters/producers as part of the PRC-wide entity and found that the
PRC-wide entity did not respond to our requests for information.\46\ No
additional information was placed on the record with respect to any of
these companies after the Preliminary Determination. Since the PRC-wide
entity did not provide the Department with requested information,
pursuant to section 776(a)(2)(A) of the Act, the Department continues
to find it appropriate to base the PRC-wide rate on FA.
---------------------------------------------------------------------------
\45\ See Preliminary Determination, 75 FR at 26722.
\46\ Id.
---------------------------------------------------------------------------
The Department determines that, because the PRC-wide entity did not
respond to our requests for information, the PRC-wide entity has failed
to cooperate to the best of its ability. Therefore, pursuant to section
776(b) of the Act, the Department finds that, in selecting from among
the FA, an adverse inference is appropriate for the PRC-wide entity.
Because the Department begins with the presumption that all
companies within an NME country are subject to government control, and
because only Separate Rate Applicants have overcome that presumption,
the Department is applying a single antidumping rate (i.e., the PRC-
wide entity rate) to all other exporters of subject merchandise from
the PRC. Such companies did not demonstrate entitlement to a separate
rate.\47\ The PRC-wide entity rate applies to all entries of subject
merchandise except for entries from Golden Dragon, the Hailiang Group,
and the Separate Rate Applicants.
---------------------------------------------------------------------------
\47\ See, e.g., Synthetic Indigo From the People's Republic of
China; Notice of Final Determination of Sales at Less Than Fair
Value, 65 FR 25706 (May 3, 2000).
---------------------------------------------------------------------------
Selection of the AFA Rate for the PRC-Wide Entity
In selecting a rate for AFA, the Department selects a rate that is
sufficiently adverse ``as to effectuate the purpose of the facts
available rule to induce respondents to provide the Department with
complete and accurate information in a timely manner.'' \48\ Further,
it is the Department's practice to select a rate that ensures ``that
the party does not obtain a more favorable result by failing to
cooperate than if it had cooperated fully.'' \49\ It is the
Department's practice to select, as AFA, the higher of the (a) highest
margin alleged in the petition, or (b) the highest calculated rate of
any respondent in the investigation.\50\ In the instant investigation,
as AFA, the Department has assigned to the PRC-wide entity the highest
rate on the record of this proceeding, which is the 60.85 percent
weighted-average margin calculated for the Hailiang Group.\51\ The
Department determines that this information is the most appropriate
from the available sources to effectuate the purposes of AFA.
---------------------------------------------------------------------------
\48\ See Notice of Final Determination of Sales at Less Than
Fair Value: Static Random Access Memory Semiconductors From Taiwan,
63 FR 8909, 8932 (February 23, 1998).
\49\ See Brake Rotors From the People's Republic of China: Final
Results and Partial Rescission of the Seventh Administrative Review;
Final Results of the Eleventh New Shipper Review, 70 FR 69937, 69939
(November 18, 2005) (quoting the Statement of Administrative Action
accompanying the Uruguay Round Agreements Act, H. Doc. No. 316, 103d
Cong., 2d Session at 870 (1994)).
\50\ See Final Determination of Sales at Less Than Fair Value:
Certain Cold-Rolled Flat-Rolled Carbon Quality Steel Products From
The People's Republic of China, 65 FR 34660 (May 31, 2000) and
accompanying Issues and Decision Memorandum at ``Facts Available.''
\51\ See Hailiang Group's Final Analysis Memorandum at 1,
Attachment III.
---------------------------------------------------------------------------
The dumping margin for the PRC-wide entity applies to all entries
of the merchandise under investigation except for entries of
merchandise under investigation from the exporter/manufacturer
combinations listed in the chart in the ``Final Determination'' section
below.
Combination Rates
In the Initiation Notice, the Department stated that it would
calculate combination rates for certain respondents that are eligible
for a separate rate in this investigation.\52\ This practice is
described in Policy Bulletin 05.1, available at http://www.trade.gov/ia.
---------------------------------------------------------------------------
\52\ See Seamless Refined Copper Pipe and Tube From the People's
Republic of China and Mexico: Initiation of Antidumping Duty
Investigations, 74 FR 55194, 55199 (October 27, 2009) (``Initiation
Notice'').
---------------------------------------------------------------------------
Final Determination
The Department determines that the following dumping margins exist
for the period January 1, 2009 through June 30, 2009:
------------------------------------------------------------------------
Weighted-
average
Exporter Producer percent
margin
------------------------------------------------------------------------
Golden Dragon Precise Copper Tube Golden Dragon Precise 11.25
Group, Inc. Copper Tube Group, Inc.
Zhejiang Hailiang Co., Ltd.; Hong Zhejiang Hailiang Co., 60.85
Kong Hailiang Metal Trading. Ltd.; Shanghai Hailiang
Copper Co., Ltd.
Limited; Shanghai Hailiang
Copper Co., Ltd
Zhejiang Naile Copper Co., Ltd... Zhejiang Naile Copper 36.05
Co., Ltd.
Zhejiang Jiahe Pipes Inc......... Zhejiang Jiahe Pipes Inc. 36.05
Luvata Tube (Zhongshan) Ltd...... Luvata Tube (Zhongshan) 36.05
Ltd.
Luvata Tube (Zhongshan) Ltd...... Luvata Alltop (Zhongshan) 36.05
Ltd.
Luvata Alltop (Zhongshan) Ltd.... Luvata Alltop (Zhongshan) 36.05
Ltd.
Ningbo Jintian Copper Tube Co. Ningbo Jintian Copper 36.05
Ltd. Tube Co. Ltd.
PRC-Wide Entity.................. PRC-Wide Entity.......... 60.85
------------------------------------------------------------------------
Disclosure
The Department will disclose the calculations performed within five
days of the date of publication of this notice to parties in this
proceeding in accordance with 19 CFR 351.224(b).
Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (``CBP'') to continue
to
[[Page 60730]]
suspend liquidation of all entries of copper pipe and tube from the
PRC, as described in the ``Scope of Investigation'' section, entered,
or withdrawn from warehouse, for consumption on or after May 12, 2010,
the date of publication of the Preliminary Determination in the Federal
Register. The Department will instruct CBP to require a cash deposit or
the posting of a bond equal to the weighted-average amount by which the
normal value exceeds U.S. price, as indicated above.
International Trade Commission Notification
In accordance with section 735(d) of the Act, the Department has
notified the International Trade Commission (``ITC'') of the final
affirmative determination of sales at LTFV. As the Department's final
determination is affirmative, in accordance with section 735(b)(2) of
the Act, within 45 days the ITC will determine 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 the subject merchandise. If the ITC
determines that material injury or threat of material injury does not
exist, the proceeding will be terminated and all securities posted will
be refunded or canceled. If the ITC determines that such injury does
exist, the Department will issue an antidumping duty order directing
CBP to assess, upon further instruction by the Department, 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.
Notification Regarding APO
This notice also serves as a reminder to the parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: September 24, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
Issues for Final Determination
Comment 1: Whether the Department should revise its labor rate
calculation.
Comment 2: Whether the Department should revise its calculation of
the surrogate financial ratios.
Comment 3: Whether the Department should issue cash deposit
instructions that contain ad valorem rates or specific rates.
Issues Specific to Golden Dragon Precise Copper Tube Group, Inc.
Comment 4: Whether the Department should treat copper cathode
purchases by Golden Dragon from a certain supplier in the Peoples's
Republic of China as non-market economy purchases.
Comment 5: Whether the Department should recalculate Golden Dragon's
copper cathode cost based on the bonded and general trade copper
cathode purchases during the period of investigation.
Comment 6: Whether the Department should revise the surrogate value
for plywood batten consumed by Golden Dragon.
Comment 7: Whether the Department should consider solvent consumed
by Golden Dragon to be a direct material input.
Comment 8: Whether the Department should include salaries paid to
two employees of Golden Dragon who worked in the United States
during the period of investigation as indirect U.S. selling
expenses.
Comment 9: Whether the Department should adjust the factor of
production for electricity for 7 mm and 9 mm inner-grooved tube
products.
Comment 10: Whether the Department should make certain minor
corrections.
Issues Specific to Zhejiang Hailiang Co., Ltd., Shanghai Hailiang
Copper Co., Ltd., and Hong Kong Hailiang Metal Trading Limited
Comment 11: Whether to use facts available with regard to the
Hailiang Group's line set sales.
Comment 12: Whether to use of facts available with regard to the
Hailiang Group's factors of production.
Comment 13: Whether to correct the water usage factor of production
used in the Preliminary Determination.
Comment 14: Whether the Department should accept the post-
preliminary correction of the consumption of Shanghai Hailiang's
wooden crates.
Comment 15: Whether to continue considering certain raw materials as
factors of production or exclude them from the calculation of the
Hailiang Group's normal value.
Comment 16: Whether to continue using the actual weight reported by
the Hailiang Group in its United States sales database.
Comment 17: Whether to include two additional categories of indirect
labor as labor inputs.
Comment 18: Whether the Department should make certain minor
corrections.
[FR Doc. 2010-24720 Filed 9-30-10; 8:45 am]
BILLING CODE 3510-DS-P
