Seamless Refined Copper Pipe and Tube From the People's Republic of China: Preliminary Results and Partial Rescission of Administrative Review; 2011-2012, 69820-69822 [2013-27971]
Download as PDF
<![CDATA[
69820
Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Notices
been found to be entitled to a separate
rate, the cash deposit rate will be that
for the PRC-wide entity (i.e., 308.33
percent); and (3) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter that
supplied the non-PRC exporter. These
cash 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: November 15, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Background
2. Respondent Selection
3. Scope of the Order
4. Partial Rescission of Review
5. Intent Not To Rescind Review in Part
6. Preliminary Determination of No
Shipments
7. Non-Market Economy Country Status
8. Separate Rates Determination
9. The PRC-Wide Entity
10. Adverse Facts Available
11. Conclusion
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
tkelley on DSK3SPTVN1PROD with NOTICES
[A–570–964]
Seamless Refined Copper Pipe and
Tube From the People’s Republic of
China: Preliminary Results and Partial
Rescission of Administrative Review;
2011–2012
Enforcement and Compliance,
Formerly Import Administration,
International Trade Administration,
Department of Commerce.
VerDate Mar<15>2010
17:17 Nov 20, 2013
Jkt 232001
FOR FURTHER INFORMATION CONTACT:
Thomas Martin, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–3936.
SUPPLEMENTARY INFORMATION:
Scope of Order
The merchandise subject to the order
is seamless refined copper pipe and
tube. The product is currently classified
under Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’) item
numbers 7411.10.1030 and
7411.10.1090. Products subject to this
order may also enter under HTSUS item
numbers 7407.10.1500, 7419.99.5050,
8415.90.8065, and 8415.90.8085.
Although the HTSUS numbers are
provided for convenience and customs
purposes, the written description of the
scope of this order remains dispositive.1
Tolling of Deadlines for Preliminary
Results
[FR Doc. 2013–27972 Filed 11–20–13; 8:45 am]
AGENCY:
In response to requests from
interested parties, the Department of
Commerce (the ‘‘Department’’) is
conducting the second administrative
review of the antidumping duty order
on seamless refined copper pipe and
tube from the People’s Republic of
China (‘‘PRC’’), covering the period
November 1, 2011 through October 31,
2012. The Department has preliminarily
determined that during the period of
review (‘‘POR’’) respondents in this
proceeding have made sales of subject
merchandise at less than normal value
(‘‘NV’’).
DATES: Effective Date: November 21,
2013.
SUMMARY:
As explained in the memorandum
from the Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
October 1, through October 16, 2013.2
Therefore, all deadlines in this segment
of the proceeding have been extended
by 16 days. If the new deadline falls on
a non-business day, in accordance with
the Department’s practice, the deadline
will become the next business day. The
revised deadline for the preliminary
1 See Seamless Refined Copper Pipe and Tube
From Mexico and the People’s Republic of China:
Antidumping Duty Orders and Amended Final
Determination of Sales at Less Than Fair Value
From Mexico, 75 FR 71070 (November 22, 2010).
2 See Memorandum for the Record from Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Shutdown
of the Federal Government’’ (October 18, 2013).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
results of this review is now November
18, 2013.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
who requested the review withdraws
the request within 90 days of the date
of publication of the notice of initiation
of the requested review. The
Department is rescinding this review
with regard to Luvata Tube (Zhongshan)
Ltd. and Luvata Alltop (Zhongshan)
Ltd., as parties have timely withdrawn
all review requests with respect to these
companies. Because Luvata Tube
(Zhongshan) Ltd. and Luvata Alltop
(Zhongshan) Ltd. have separate rates
from a prior completed segment of this
proceeding, antidumping duties shall be
assessed at rates equal to the rates of the
cash deposits of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(2).
Reviews were also requested for
Shanghai Hailiang Metal Trading
Limited and Hong Kong Hailiang Metal,
companies named in the Initiation
Notice,3 and those requests were also
timely withdrawn. However, we are not
rescinding the reviews for these two
companies at this time, because they do
not have a separate rate and, therefore,
each currently remains part of the PRCwide entity. The PRC-wide entity is
currently subject to this administrative
review.
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the ‘‘Act’’). Export prices and
constructed export prices were
calculated in accordance with section
772 of the Act. Because the PRC is a
nonmarket economy within the meaning
of section 771(18) of the Act, NV has
been calculated in accordance with
section 773(c) of the Act. Specifically,
the respondent’s factors of production
have been valued using prices in
Thailand, which is at a level of
economical development comparable to
that of the PRC and a significant
producer of merchandise comparable to
the subject merchandise.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 77 FR 77017
(December 31, 2012). These companies are not
included in the collapsed entity of Hong Kong
Hailiang Metal Trading Limited, Zhejiang Hailiang
Co., Ltd., and Shanghai Hailiang Copper Co., Ltd.
E:\FR\FM\21NON1.SGM
21NON1
Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Notices
For a full description of the
methodology underlying our
conclusions, please see the
Memorandum to Ronald K. Lorentzen,
Acting Assistant Secretary for
Enforcement and Compliance, from
Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations,
‘‘Decision Memorandum for the
Preliminary Results of the 2011–2012
Administrative Review of the
Antidumping Duty Order on Seamless
Refined Copper Pipe and Tube from the
People’s Republic of China, dated
concurrently with this notice
(‘‘Preliminary Decision Memorandum’’),
and hereby adopted by 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 (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov, and it is available to
all parties in the Central Records Unit,
Room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
at https://trade.gov/enforcement/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
The Department has preliminarily
determined that the following weightedaverage dumping margins exist:
Exporter
Weightedaverage
dumping
margin
(percent)
Golden Dragon Precise Copper Tube Group, Inc.,
Hong Kong GD Trading
Co., Ltd., and Golden
Dragon Holding (Hong
Kong) International, Ltd ....
Hong Kong Hailiang Metal
Trading Limited, Zhejiang
Hailiang Co., Ltd., and
Shanghai Hailiang Copper
Co., Ltd .............................
PRC-Wide Entity 4 ................
3.55
3.55
60.85
tkelley on DSK3SPTVN1PROD with NOTICES
Disclosure and Public Comment
The Department will disclose
calculations performed for these
4 The PRC-Wide Entity includes, inter alia,
Shanghai Hailiang Metal Trading Limited, Hong
Kong Hailiang Metal, China Hailiang Metal Trading,
Foshan Hua Hong Copper Tube Co., Ltd., Guilin
Lijia Metals Co., Ltd., Sinochem Ningbo Import &
VerDate Mar<15>2010
17:17 Nov 20, 2013
Jkt 232001
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties may
submit written comments no later than
30 days after the date of publication of
these preliminary results.5 Rebuttals to
written comments may be filed no later
than five days after the written
comments are filed.6
Any interested party may request a
hearing within 30 days of publication of
this notice.7 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.8
The Department intends to issue the
final results of this administrative
review, which will include the results of
its analysis of issues raised in any
written comments, within 120 days of
publication of these preliminary results,
pursuant to section 751(a)(3)(A) of the
Act.
Deadline for Submission of Publicly
Available Surrogate Value Information
In accordance with 19 CFR
351.301(c)(3)(ii), the deadline for
submission of publicly available
information to value factors of
production under 19 CFR 351.408(c) is
20 days after the date of publication of
the preliminary results. In accordance
with 19 CFR 351.301(c)(1), if an
interested party submits factual
information less than ten days before,
on, or after (if the Department has
extended the deadline) the applicable
deadline for submission of such factual
information, an interested party may
submit factual information to rebut,
clarify, or correct the factual
information no later than ten days after
such factual information is served on
the interested party. However, if the
deadline for submission of surrogate
value information has passed, the
Department generally will not accept
additional or alternative surrogate value
information not previously on the
Export Co., Ltd., Sinochem Ningbo Ltd., Taicang
City Jinxin Copper Tube Co., Ltd., Ningbo Jintian
Copper Tube Co., Ltd., Zhejiang Jiahe Pipes Inc.,
and Zhejiang Naile Copper Co., Ltd.
5 See 19 CFR 351.309(c).
6 See 19 CFR 351.309(d).
7 See 19 CFR 351.310(c).
8 See 19 CFR 351.310(d).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
69821
record.9 Furthermore, the Department
generally will not accept business
proprietary information in either the
surrogate value submissions or the
rebuttals thereto, as the regulation
regarding the submission of surrogate
values allows only for the submission of
publicly available information.10
Assessment Rates
Upon issuing the final results of the
review, the Department shall determine,
and U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
review. For any individually examined
respondents whose weighted-average
dumping margin is not zero or de
minimis (i.e., less than 0.5 percent), the
Department will calculate importerspecific ad valorem duty assessment
rates based on the ratio of the total
amount of dumping calculated for the
importer’s examined sales to the total
entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).11
The Department will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is not zero or de
minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, the Department will instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.
The Department recently announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during this review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate. In addition, if the Department
determines that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
9 See, e.g., Glycine from the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review and Final Rescission, in
Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at
Comment 2.
10 See 19 CFR 351.301(c)(3).
11 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
E:\FR\FM\21NON1.SGM
21NON1
69822
Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Notices
number (i.e., at that exporter’s rate) will
be liquidated at the PRC-wide rate.12
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated antidumping duties.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
rate will be equal to the weightedaverage dumping margin established in
the final results of this review (except,
if the rate is zero or de minimis, then the
cash deposit rate will be zero for that
exporter); (2) for previously investigated
or reviewed PRC and non-PRC exporters
not listed above that have separate rates,
the cash deposit rate will continue to be
the exporter-specific rate published for
the most recently completed segment of
this proceeding; (3) for all PRC exporters
of subject merchandise that have not
been found to be entitled to a separate
rate, the cash deposit rate will be 60.85
percent, which is the rate for the PRCwide entity; 13 and (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
tkelley on DSK3SPTVN1PROD with NOTICES
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the CBP
assessing double antidumping duties
based on the Department’s presumption
that antidumping duties were
reimbursed.
12 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
13 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, 60729 (October 1, 2010).
VerDate Mar<15>2010
17:17 Nov 20, 2013
Jkt 232001
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213.
Dated: November 14, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Affiliation and Collapsing
2. Separate Rate
3. Rate for Non-Examined, Separate Rate
Respondents
4. PRC-Wide Entity
5. Use of Facts Available and Adverse Facts
Available
6. Surrogate Country
7. Date of Sale
8. Fair Value Comparisons
9. Determination of Comparison Method
10. Export Price
11. Constructed Export Price
12. Normal Value
13. Factor Valuations
14. Duty Absorption
15. Currency Conversion
[FR Doc. 2013–27971 Filed 11–20–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Pacific Tuna
Fisheries Logbook
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before January 21, 2014.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Rachael Wadsworth, (562)
SUMMARY:
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
980–4036 or Rachael.Wadsworth@
noaa.gov
SUPPLEMENTARY INFORMATION:
I. Abstract
United States (U.S.) participation in
the Inter-American Tropical Tuna
Commission (IATTC) results in certain
recordkeeping requirements for U.S.
fishermen who fish in the IATTC’s area
of management responsibility. These
fishermen must maintain a log of all
operations conducted from the fishing
vessel, including the date, noon
position, and the tonnage of fish aboard
the vessel, by species. The logbook form
provided by the IATTC is universally
used by U.S. fishermen to meet this
recordkeeping requirement. The
information in the logbooks includes
areas and times of operation and catch
and effort by area. Logbook data are
used in stock assessments and other
research concerning the fishery. If the
data were not collected or if erroneous
data were provided, the IATTC
assessments would likely be incorrect
and there would be an increased risk of
overfishing or inadequate management
of the fishery.
II. Method of Collection
Vessel operators maintain bridge logs
on a daily basis, and the forms are either
mailed to the IATTC or to National
Marine Fisheries Service (NMFS) at the
completion of each trip. The data are
processed and maintained as
confidential by the IATTC.
III. Data
OMB Control Number: 0648–0148.
Form Number: None.
Type of Review: Regular submission.
Affected Public: Individuals or
households, business or other for profit
organizations.
Estimated Number of Respondents:
11.
Estimated Time per Response: 5
minutes.
Estimated Total Annual Burden
Hours: 170.
Estimated Total Annual Cost to
Public: $122.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
E:\FR\FM\21NON1.SGM
21NON1
]]>Agencies
[Federal Register Volume 78, Number 225 (Thursday, November 21, 2013)]
[Notices]
[Pages 69820-69822]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27971]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-964]
Seamless Refined Copper Pipe and Tube From the People's Republic
of China: Preliminary Results and Partial Rescission of Administrative
Review; 2011-2012
AGENCY: Enforcement and Compliance, Formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (the ``Department'') is conducting the second
administrative review of the antidumping duty order on seamless refined
copper pipe and tube from the People's Republic of China (``PRC''),
covering the period November 1, 2011 through October 31, 2012. The
Department has preliminarily determined that during the period of
review (``POR'') respondents in this proceeding have made sales of
subject merchandise at less than normal value (``NV'').
DATES: Effective Date: November 21, 2013.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3936.
SUPPLEMENTARY INFORMATION:
Scope of Order
The merchandise subject to the order is seamless refined copper
pipe and tube. The product is currently classified under Harmonized
Tariff Schedule of the United States (``HTSUS'') item numbers
7411.10.1030 and 7411.10.1090. Products subject to this order may also
enter under HTSUS item numbers 7407.10.1500, 7419.99.5050,
8415.90.8065, and 8415.90.8085. Although the HTSUS numbers are provided
for convenience and customs purposes, the written description of the
scope of this order remains dispositive.\1\
---------------------------------------------------------------------------
\1\ See Seamless Refined Copper Pipe and Tube From Mexico and
the People's Republic of China: Antidumping Duty Orders and Amended
Final Determination of Sales at Less Than Fair Value From Mexico, 75
FR 71070 (November 22, 2010).
---------------------------------------------------------------------------
Tolling of Deadlines for Preliminary Results
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\2\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. If the new deadline falls on a non-business day, in accordance
with the Department's practice, the deadline will become the next
business day. The revised deadline for the preliminary results of this
review is now November 18, 2013.
---------------------------------------------------------------------------
\2\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (October 18, 2013).
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review. The
Department is rescinding this review with regard to Luvata Tube
(Zhongshan) Ltd. and Luvata Alltop (Zhongshan) Ltd., as parties have
timely withdrawn all review requests with respect to these companies.
Because Luvata Tube (Zhongshan) Ltd. and Luvata Alltop (Zhongshan) Ltd.
have separate rates from a prior completed segment of this proceeding,
antidumping duties shall be assessed at rates equal to the rates of the
cash deposits of estimated antidumping duties required at the time of
entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(2).
Reviews were also requested for Shanghai Hailiang Metal Trading
Limited and Hong Kong Hailiang Metal, companies named in the Initiation
Notice,\3\ and those requests were also timely withdrawn. However, we
are not rescinding the reviews for these two companies at this time,
because they do not have a separate rate and, therefore, each currently
remains part of the PRC-wide entity. The PRC-wide entity is currently
subject to this administrative review.
---------------------------------------------------------------------------
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 77 FR
77017 (December 31, 2012). These companies are not included in the
collapsed entity of Hong Kong Hailiang Metal Trading Limited,
Zhejiang Hailiang Co., Ltd., and Shanghai Hailiang Copper Co., Ltd.
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the ``Act'').
Export prices and constructed export prices were calculated in
accordance with section 772 of the Act. Because the PRC is a nonmarket
economy within the meaning of section 771(18) of the Act, NV has been
calculated in accordance with section 773(c) of the Act. Specifically,
the respondent's factors of production have been valued using prices in
Thailand, which is at a level of economical development comparable to
that of the PRC and a significant producer of merchandise comparable to
the subject merchandise.
[[Page 69821]]
For a full description of the methodology underlying our
conclusions, please see the Memorandum to Ronald K. Lorentzen, Acting
Assistant Secretary for Enforcement and Compliance, from Christian
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, ``Decision Memorandum for the Preliminary Results of
the 2011-2012 Administrative Review of the Antidumping Duty Order on
Seamless Refined Copper Pipe and Tube from the People's Republic of
China, dated concurrently with this notice (``Preliminary Decision
Memorandum''), and hereby adopted by 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 (``IA ACCESS''). IA ACCESS is
available to registered users at https://iaaccess.trade.gov, and it is
available to all parties in the Central Records Unit, Room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed at https://trade.gov/enforcement/. The signed Preliminary Decision Memorandum and
the electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department has preliminarily determined that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Golden Dragon Precise Copper Tube Group, Inc., Hong Kong 3.55
GD Trading Co., Ltd., and Golden Dragon Holding (Hong
Kong) International, Ltd...............................
Hong Kong Hailiang Metal Trading Limited, Zhejiang 3.55
Hailiang Co., Ltd., and Shanghai Hailiang Copper Co.,
Ltd....................................................
PRC-Wide Entity \4\..................................... 60.85
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit written comments no later than 30 days
after the date of publication of these preliminary results.\5\
Rebuttals to written comments may be filed no later than five days
after the written comments are filed.\6\
---------------------------------------------------------------------------
\4\ The PRC-Wide Entity includes, inter alia, Shanghai Hailiang
Metal Trading Limited, Hong Kong Hailiang Metal, China Hailiang
Metal Trading, Foshan Hua Hong Copper Tube Co., Ltd., Guilin Lijia
Metals Co., Ltd., Sinochem Ningbo Import & Export Co., Ltd.,
Sinochem Ningbo Ltd., Taicang City Jinxin Copper Tube Co., Ltd.,
Ningbo Jintian Copper Tube Co., Ltd., Zhejiang Jiahe Pipes Inc., and
Zhejiang Naile Copper Co., Ltd.
\5\ See 19 CFR 351.309(c).
\6\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice.\7\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\8\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.310(c).
\8\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
The Department intends to issue the final results of this
administrative review, which will include the results of its analysis
of issues raised in any written comments, within 120 days of
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for
submission of publicly available information to value factors of
production under 19 CFR 351.408(c) is 20 days after the date of
publication of the preliminary results. In accordance with 19 CFR
351.301(c)(1), if an interested party submits factual information less
than ten days before, on, or after (if the Department has extended the
deadline) the applicable deadline for submission of such factual
information, an interested party may submit factual information to
rebut, clarify, or correct the factual information no later than ten
days after such factual information is served on the interested party.
However, if the deadline for submission of surrogate value information
has passed, the Department generally will not accept additional or
alternative surrogate value information not previously on the
record.\9\ Furthermore, the Department generally will not accept
business proprietary information in either the surrogate value
submissions or the rebuttals thereto, as the regulation regarding the
submission of surrogate values allows only for the submission of
publicly available information.\10\
---------------------------------------------------------------------------
\9\ See, e.g., Glycine from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
\10\ See 19 CFR 351.301(c)(3).
---------------------------------------------------------------------------
Assessment Rates
Upon issuing the final results of the review, the Department shall
determine, and U.S. Customs and Border Protection (``CBP'') shall
assess, antidumping duties on all appropriate entries. The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of the final results of review. For any individually
examined respondents whose weighted-average dumping margin is not zero
or de minimis (i.e., less than 0.5 percent), the Department will
calculate importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\11\
---------------------------------------------------------------------------
\11\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------
The Department will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is not zero or de minimis. Where either the respondent's weighted-
average dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, the Department will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties.
The Department recently announced a refinement to its assessment
practice in NME cases. Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales databases submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate such entries at the PRC-wide rate. In
addition, if the Department determines that an exporter under review
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case
[[Page 69822]]
number (i.e., at that exporter's rate) will be liquidated at the PRC-
wide rate.\12\
---------------------------------------------------------------------------
\12\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
antidumping duties.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review
(except, if the rate is zero or de minimis, then the cash deposit rate
will be zero for that exporter); (2) for previously investigated or
reviewed PRC and non-PRC exporters not listed above that have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate published for the most recently completed segment of this
proceeding; (3) for all PRC exporters of subject merchandise that have
not been found to be entitled to a separate rate, the cash deposit rate
will be 60.85 percent, which is the rate for the PRC-wide entity; \13\
and (4) for all non-PRC exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the PRC exporter that supplied that non-PRC exporter.
These deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\13\ 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, 60729 (October 1, 2010).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the CBP assessing double
antidumping duties based on the Department's presumption that
antidumping duties were reimbursed.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.
Dated: November 14, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Affiliation and Collapsing
2. Separate Rate
3. Rate for Non-Examined, Separate Rate Respondents
4. PRC-Wide Entity
5. Use of Facts Available and Adverse Facts Available
6. Surrogate Country
7. Date of Sale
8. Fair Value Comparisons
9. Determination of Comparison Method
10. Export Price
11. Constructed Export Price
12. Normal Value
13. Factor Valuations
14. Duty Absorption
15. Currency Conversion
[FR Doc. 2013-27971 Filed 11-20-13; 8:45 am]
BILLING CODE 3510-DS-P
