Seamless Refined Copper Pipe and Tube From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012, 23324-23326 [2014-09608]
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23324
Federal Register / Vol. 79, No. 81 / Monday, April 28, 2014 / Notices
manually (i.e., in paper form) with the
APO/Dockets Unit in Room 1870 and
stamped with the date and time of
receipt by 5 p.m. ET on the due date.10
The Department will issue the final
results of this AR, which will include
the results of its analysis of issues raised
in any briefs received, within 120 days
of publication of these preliminary
results, pursuant to section 751(a)(3)(A)
of the Act, unless that time is extended.
tkelley on DSK3SPTVN1PROD with NOTICES
Assessment Rates
Upon issuing the final results of this
review, the Department will determine,
and Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries.11 The
Department intends to issue assessment
instructions to CBP 15 days after the
publication date of the final results of
this review.
For each individually examined
respondent in this review whose
weighted-average dumping margin is
above de minimis (i.e., 0.5 percent) in
the final results of this review, the
Department will calculate importerspecific assessment rates on the basis of
the ratio of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
sales, in accordance with 19 CFR
351.212(b)(1).12 Where an importer- (or
customer-) specific ad valorem rate is
greater than de minimis, the Department
will instruct CBP to collect the
appropriate duties at the time of
liquidation.13 Where either a
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer- (or customer-) specific ad
valorem dumping margin is zero or de
minimis, the Department will instruct
CBP to liquidate appropriate entries
without regard to antidumping duties.14
The Department announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales database
submitted by companies individually
examined during the administrative
review, the Department will instruct
CBP to liquidate such entries at the
PRC-wide rate. Additionally, if the
10 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
11 See 19 CFR 351.212(b).
12 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).
13 See 19 CFR 351.212(b)(1).
14 See 19 CFR 351.212(b)(1).
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17:06 Apr 25, 2014
Jkt 232001
Department determines that an exporter
had no shipments of subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the PRC-wide rate.15
Dated: April 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Cash Deposit Requirements
List of Topics Discussed in the Preliminary
Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Methodology
Duty Absorption
Non-Market Economy Country Status
Separate Rates
Surrogate Country
Surrogate Value Comments
Date of Sale
Normal Value Comparisons
Determination of the Comparison Method
U.S. Price
Normal Value
Factor Valuations
Currency Conversion
Conclusion
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For the
companies listed above that have a
separate rate, the cash deposit rate will
be that rate established in the final
results of these reviews (except, if the
rate is zero or de minimis, then a zero
cash deposit will be required); (2) for
previously investigated or reviewed PRC
and non-PRC exporters listed above that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
will be the rate for the PRC-wide entity;
and (4) for all non-PRC exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
PRC exporter that supplied that nonPRC exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. 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.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
15 For
a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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Appendix
[FR Doc. 2014–09610 Filed 4–25–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–964]
Seamless Refined Copper Pipe and
Tube From the People’s Republic of
China: Final Results of Antidumping
Duty Administrative Review; 2011–
2012
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 21, 2013, the
Department of Commerce (‘‘the
Department’’) published its Preliminary
Results of the 2011–2012 administrative
review of the antidumping duty order
on seamless refined copper pipe and
tube (‘‘copper pipe’’) from the People’s
Republic of China (‘‘PRC’’).1 The period
of review (‘‘POR’’) is November 1, 2011
through October 31, 2012. We invited
parties to comment on our Preliminary
Results. Based on our analysis of the
comments received, we made certain
changes to our margin calculations for
the mandatory respondent Golden
Dragon Precise Copper Tube Group,
Inc., Hong Kong GD Trading Co., Ltd.,
and Golden Dragon Holding (Hong
Kong) International, Ltd. (collectively,
‘‘Golden Dragon’’). The final weightedaverage dumping margins for this
AGENCY:
1 See Seamless Refined Copper Pipe and Tube
From the People’s Republic of China: Preliminary
Results and Partial Rescission of Administrative
Review; 2011–2012, 78 FR 69820 (November 21,
2013) (‘‘Preliminary Results’’).
E:\FR\FM\28APN1.SGM
28APN1
Federal Register / Vol. 79, No. 81 / Monday, April 28, 2014 / Notices
review are listed in the ‘‘Final Results’’
section below.
DATES: Effective Date: April 28, 2014.
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.
Background
On November 21, 2013, the
Department published its Preliminary
Results. On December 30, 2013, Cerro
Flow Products, LLC, Wieland Copper
Products, LLC, Mueller Copper Tube
Products Inc., and Mueller Copper Tube
Company, Inc. (collectively,
‘‘Petitioners’’), Golden Dragon, and
Hong Kong Hailiang Metal Trading
Limited, Zhejiang Hailiang Co., Ltd.,
and Shanghai Hailiang Copper Co., Ltd.
(collectively, ‘‘Hailiang’’) each
submitted a case brief.2 On January 6,
2014, Petitioners and Golden Dragon
each submitted a rebuttal case brief.3 On
March 6, 2014, the Department
extended the deadline for the final
results in this administrative review
until April 8, 2014.4 On April 3, 2014,
the Department further extended this
deadline until April 22, 2014.5
tkelley on DSK3SPTVN1PROD with NOTICES
Scope of the Order
The merchandise subject to the order
is seamless refined copper pipe and
2 See Letter from Petitioners, ‘‘In the Matter of:
2011–12 Administrative Review Of The
Antidumping Duty Order On Seamless Refined
Copper Pipe And Tube From The People’s Republic
Of China: Petitioners’ Case Brief,’’ dated December
30, 2013; Letter from Hailiang, ‘‘Re: Hailiang Case
Brief: Second Administrative Review of the
Antidumping Duty Order on Seamless Refined
Copper Pipe and Tube (‘‘Copper Pipe’’) from the
People’s Republic of China (‘‘PRC’’),’’ dated
December 30, 2013; Letter from Golden Dragon,
‘‘Re: Golden Dragon’s Case Brief,’’ dated December
30, 2013.
3 See Letter from Petitioners, ‘‘In the Matter of:
2011–12 Administrative Review Of The
Antidumping Duty Order On Seamless Refined
Copper Pipe And Tube From The People’s Republic
Of China: Petitioners’ Rebuttal Brief,’’ dated January
6, 2014 (resubmitted at the request of the
Department on February 28, 2014); Letter from
Golden Dragon, ‘‘Re: Golden Dragon’s Rebuttal
Brief,’’ dated January 6, 2014.
4 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Seamless Refined
Copper Pipe and Tube from the People’s Republic
of China: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’ (March
6, 2014).
5 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Seamless Refined
Copper Pipe and Tube from the People’s Republic
of China: Extension of Deadline for Final Results of
the Second Antidumping Duty Administrative
Review,’’ (April 3, 2014).
VerDate Mar<15>2010
17:06 Apr 25, 2014
Jkt 232001
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.6
Withdrawals of Administrative Review
Requests
Administrative reviews were also
requested for Shanghai Hailiang Metal
Trading Limited and Hong Kong
Hailiang Metal, companies named in the
Initiation Notice,7 and those requests
were timely withdrawn pursuant to 19
CFR 351.213(d)(1). However, we are not
rescinding the reviews for these two
companies because they do not have a
separate rate and, therefore, each
remains part of the PRC-wide entity,
which is subject to this administrative
review.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the
Memorandum from James Maeder,
Director, Office II, Antidumping and
Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for
Enforcement and Compliance,
‘‘Decision Memorandum for the Final
Results of Antidumping Duty
Administrative Review: Seamless
Refined Copper Pipe and Tube from the
People’s Republic of China; 2011–
2012,’’ issued concurrently with, and
hereby adopted by, this notice (‘‘Issues
and Decision Memorandum’’). A list of
the issues that parties raised and to
which we responded in the Issues and
Decision Memorandum follows as an
appendix to this notice. The Issues and
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://
6 For a complete description of the scope of this
order, 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).
7 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.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
23325
iaaccess.trade.gov, and 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 Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The paper copy and electronic
version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made revisions to the
margin calculations for Golden Dragon.8
Specifically, we revised the appropriate
comparison method to calculate Golden
Dragon weighted-average dumping
margin due to an adjustment in our
differential pricing analysis.
Final Results
We determine that the following
weighted-average dumping margins
exist for the POR:
Exporter
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 9 ....................
Weightedaverage
dumping
margin
(percent)
4.50
4.50
60.85
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), and 19 CFR 351.212(b), the
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries covered by this
review. The Department intends to issue
assessment instructions to CBP 15 days
after the publication date of the final
results of this review.
For Golden Dragon, the Department
calculated importer-specific assessment
8 See Issues and Decision Memorandum issued
concurrently with these final results.
9 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.
E:\FR\FM\28APN1.SGM
28APN1
23326
Federal Register / Vol. 79, No. 81 / Monday, April 28, 2014 / Notices
rates based on the ratio of the total
amount of dumping calculated for the
importer’s examined sales and the total
entered value of those sales. We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate is not zero or de
minimis (i.e., less than 0.5 percent).
Where an importer-specific assessment
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
For Hailiang, the Department will
instruct CBP to liquidate all appropriate
entries at an ad valorem rate equal to
Hailiang’s weighted-average dumping
margin in the final results of this
administrative review.
The Department announced a
refinement to its assessment practice in
non-market economy (‘‘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 rate for the NME-wide entity. In
addition, if the Department determines
that an exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s rate) will be liquidated
at the rate for the NME-wide entity.10
tkelley on DSK3SPTVN1PROD with NOTICES
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 Tariff Act of 1930, as
amended (‘‘the Act’’): (1) For the
exporters identified above, the cash
deposit rate will be equal to their
weighted-average dumping margin in
these final results of review; (2) for
previously investigated or reviewed PRC
and non-PRC exporters that received a
separate rate in a previously completed
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
PRC exporters of subject merchandise
that have not been found to be entitled
a separate rate, the cash deposit rate will
be that for the PRC-wide entity (i.e.,
60.85 percent); and (4) for all non-PRC
10 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
VerDate Mar<15>2010
17:06 Apr 25, 2014
Jkt 232001
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.
Disclosure
We will disclose the calculations
performed regarding these final results
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
Comment 3: Surrogate Values for Ocean
Freight
Comment 4: Consideration of an
Alternative Comparison Method in
Administrative Reviews
Comment 5: Differential Pricing Analysis:
A Pattern of Prices That Differ
Significantly Based on Period of Time
Comment 6: Differential Pricing Analysis:
Alternative Definition of Time Periods
for the Cohen’s d Test
Comment 7: Surrogate Country Selection
Comment 8: Financial Ratios
Comment 9: Surrogate Value for Labor
Recommendation
[FR Doc. 2014–09608 Filed 4–25–14; 8:45 am]
Notification to Importers Regarding the
Reimbursement of Duties
BILLING CODE 3510–DS–P
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of doubled antidumping
duties.
DEPARTMENT OF COMMERCE
Notifications to All Parties
This notice also serves as a reminder
to parties subject to Administrative
Protective Order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or 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 violation
which is subject to sanction.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: April 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Issues and Decision
Memorandum
Summary
Background
Scope of the Order
Determination of the Comparison Method
Discussion of the Issues
Comment 1: Hailiang Cash Deposit and
Liquidation Instructions
Comment 2: Golden Dragon’s By-Product
Offset
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International Trade Administration
Max Planck Florida Institute, et al.;
Notice of Consolidated Decision on
Applications for Duty-Free Entry of
Electron Microscope
This is a decision consolidated
pursuant to Section 6(c) of the
Educational, Scientific, and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by Pub. L. 106–
36; 80 Stat. 897; 15 CFR part 301).
Related records can be viewed between
8:30 a.m. and 5:00 p.m. in Room 3720,
U.S. Department of Commerce, 14th and
Constitution Avenue NW., Washington,
DC
Docket Number: 13–031. Applicant:
Max Planck Florida Institute, Jupiter, FL
33458. Instrument: Field Emission GunScanning Electron Microscope.
Manufacturer: Carl Zeiss Microscopy,
Germany. Intended Use: See notice at 79
FR 3178, January 17, 2014.
Docket Number: 13–042. Applicant:
University of Washington Medical
Center, Seattle, WA 98195–6100.
Instrument: Transmission Electron
Microscope-system type: Tecnai G2
Spirit BioTWIN. Manufacturer: FEI
Company, Czech Republic. Intended
Use: See notice at 79 FR 3178, January
17, 2014.
Docket Number: 13–044. Applicant:
University of Minnesota-Twin Cities,
Minneapolis, MN 55455. Instrument:
Ultrafast Transmission Electron
Microscope. Manufacturer: FEI
Company, the Netherlands. Intended
Use: See notice at 79 FR 3178–79,
January 17, 2014.
Docket Number: 13–045. Applicant:
Embry-Riddle Aeronautical University,
Daytona Beach, FL 32114. Instrument:
Scanning Electron Microscope Quanta
50 with Energy-Dispersive X-Ray
Spectroscopy. Manufacturer: FEI
Company, Czech Republic. Intended
E:\FR\FM\28APN1.SGM
28APN1
]]>Agencies
[Federal Register Volume 79, Number 81 (Monday, April 28, 2014)]
[Notices]
[Pages 23324-23326]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09608]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-964]
Seamless Refined Copper Pipe and Tube From the People's Republic
of China: Final Results of Antidumping Duty Administrative Review;
2011-2012
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 21, 2013, the Department of Commerce (``the
Department'') published its Preliminary Results of the 2011-2012
administrative review of the antidumping duty order on seamless refined
copper pipe and tube (``copper pipe'') from the People's Republic of
China (``PRC'').\1\ The period of review (``POR'') is November 1, 2011
through October 31, 2012. We invited parties to comment on our
Preliminary Results. Based on our analysis of the comments received, we
made certain changes to our margin calculations for the mandatory
respondent Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD
Trading Co., Ltd., and Golden Dragon Holding (Hong Kong) International,
Ltd. (collectively, ``Golden Dragon''). The final weighted-average
dumping margins for this
[[Page 23325]]
review are listed in the ``Final Results'' section below.
---------------------------------------------------------------------------
\1\ See Seamless Refined Copper Pipe and Tube From the People's
Republic of China: Preliminary Results and Partial Rescission of
Administrative Review; 2011-2012, 78 FR 69820 (November 21, 2013)
(``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: April 28, 2014.
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.
Background
On November 21, 2013, the Department published its Preliminary
Results. On December 30, 2013, Cerro Flow Products, LLC, Wieland Copper
Products, LLC, Mueller Copper Tube Products Inc., and Mueller Copper
Tube Company, Inc. (collectively, ``Petitioners''), Golden Dragon, and
Hong Kong Hailiang Metal Trading Limited, Zhejiang Hailiang Co., Ltd.,
and Shanghai Hailiang Copper Co., Ltd. (collectively, ``Hailiang'')
each submitted a case brief.\2\ On January 6, 2014, Petitioners and
Golden Dragon each submitted a rebuttal case brief.\3\ On March 6,
2014, the Department extended the deadline for the final results in
this administrative review until April 8, 2014.\4\ On April 3, 2014,
the Department further extended this deadline until April 22, 2014.\5\
---------------------------------------------------------------------------
\2\ See Letter from Petitioners, ``In the Matter of: 2011-12
Administrative Review Of The Antidumping Duty Order On Seamless
Refined Copper Pipe And Tube From The People's Republic Of China:
Petitioners' Case Brief,'' dated December 30, 2013; Letter from
Hailiang, ``Re: Hailiang Case Brief: Second Administrative Review of
the Antidumping Duty Order on Seamless Refined Copper Pipe and Tube
(``Copper Pipe'') from the People's Republic of China (``PRC''),''
dated December 30, 2013; Letter from Golden Dragon, ``Re: Golden
Dragon's Case Brief,'' dated December 30, 2013.
\3\ See Letter from Petitioners, ``In the Matter of: 2011-12
Administrative Review Of The Antidumping Duty Order On Seamless
Refined Copper Pipe And Tube From The People's Republic Of China:
Petitioners' Rebuttal Brief,'' dated January 6, 2014 (resubmitted at
the request of the Department on February 28, 2014); Letter from
Golden Dragon, ``Re: Golden Dragon's Rebuttal Brief,'' dated January
6, 2014.
\4\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Seamless Refined Copper Pipe and Tube from the People's Republic
of China: Extension of Deadline for Final Results of Antidumping
Duty Administrative Review,'' (March 6, 2014).
\5\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Seamless Refined Copper Pipe and Tube from the People's Republic
of China: Extension of Deadline for Final Results of the Second
Antidumping Duty Administrative Review,'' (April 3, 2014).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is seamless refined copper
pipe and tube. The product is currently classified under Harmonized
Tariff Schedule of the United States (``HTSUS'') item numbers
7411.10.1030 and 7411.10.1090. Products subject to this order may also
enter under HTSUS item numbers 7407.10.1500, 7419.99.5050,
8415.90.8065, and 8415.90.8085. Although the HTSUS numbers are provided
for convenience and customs purposes, the written description of the
scope of this order remains dispositive.\6\
---------------------------------------------------------------------------
\6\ For a complete description of the scope of this order, 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).
---------------------------------------------------------------------------
Withdrawals of Administrative Review Requests
Administrative reviews were also requested for Shanghai Hailiang
Metal Trading Limited and Hong Kong Hailiang Metal, companies named in
the Initiation Notice,\7\ and those requests were timely withdrawn
pursuant to 19 CFR 351.213(d)(1). However, we are not rescinding the
reviews for these two companies because they do not have a separate
rate and, therefore, each remains part of the PRC-wide entity, which is
subject to this administrative review.
---------------------------------------------------------------------------
\7\ 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.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Memorandum from James Maeder,
Director, Office II, Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Decision Memorandum for the Final Results of Antidumping Duty
Administrative Review: Seamless Refined Copper Pipe and Tube from the
People's Republic of China; 2011-2012,'' issued concurrently with, and
hereby adopted by, this notice (``Issues and Decision Memorandum''). A
list of the issues that parties raised and to which we responded in the
Issues and Decision Memorandum follows as an appendix to this notice.
The Issues and 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 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 Issues and Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The paper
copy and electronic version of the Issues and Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made revisions
to the margin calculations for Golden Dragon.\8\ Specifically, we
revised the appropriate comparison method to calculate Golden Dragon
weighted-average dumping margin due to an adjustment in our
differential pricing analysis.
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\8\ See Issues and Decision Memorandum issued concurrently with
these final results.
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Final Results
We determine that the following weighted-average dumping margins
exist for the POR:
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\9\ 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.
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD 4.50
Trading Co., Ltd., and Golden Dragon Holding (Hong Kong)
International, Ltd........................................
Hong Kong Hailiang Metal Trading Limited, Zhejiang Hailiang 4.50
Co., Ltd., and Shanghai Hailiang Copper Co., Ltd..........
PRC-Wide Entity \9\........................................ 60.85
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (``the Act''), and 19 CFR 351.212(b), the Department will
determine, and U.S. Customs and Border Protection (``CBP'') shall
assess, antidumping duties on all appropriate entries covered by this
review. The Department intends to issue assessment instructions to CBP
15 days after the publication date of the final results of this review.
For Golden Dragon, the Department calculated importer-specific
assessment
[[Page 23326]]
rates based on the ratio of the total amount of dumping calculated for
the importer's examined sales and the total entered value of those
sales. We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate is not zero or de minimis (i.e., less than 0.5
percent). Where an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
For Hailiang, the Department will instruct CBP to liquidate all
appropriate entries at an ad valorem rate equal to Hailiang's weighted-
average dumping margin in the final results of this administrative
review.
The Department announced a refinement to its assessment practice in
non-market economy (``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 rate for the NME-wide entity. In addition, if the Department
determines that an exporter under review had no shipments of the
subject merchandise, any suspended entries that entered under that
exporter's case number (i.e., at that exporter's rate) will be
liquidated at the rate for the NME-wide entity.\10\
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\10\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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 Tariff Act of 1930, as amended
(``the Act''): (1) For the exporters identified above, the cash deposit
rate will be equal to their weighted-average dumping margin in these
final results of review; (2) for previously investigated or reviewed
PRC and non-PRC exporters that received a separate rate in a previously
completed segment of this proceeding, the cash deposit rate will
continue to be the existing exporter-specific rate; (3) for all PRC
exporters of subject merchandise that have not been found to be
entitled a separate rate, the cash deposit rate will be that for the
PRC-wide entity (i.e., 60.85 percent); 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.
Disclosure
We will disclose the calculations performed regarding these final
results within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Notifications to All Parties
This notice also serves as a reminder to parties subject to
Administrative Protective Order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return or 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 violation which is subject to sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: April 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Summary
Background
Scope of the Order
Determination of the Comparison Method
Discussion of the Issues
Comment 1: Hailiang Cash Deposit and Liquidation Instructions
Comment 2: Golden Dragon's By-Product Offset
Comment 3: Surrogate Values for Ocean Freight
Comment 4: Consideration of an Alternative Comparison Method in
Administrative Reviews
Comment 5: Differential Pricing Analysis: A Pattern of Prices
That Differ Significantly Based on Period of Time
Comment 6: Differential Pricing Analysis: Alternative Definition
of Time Periods for the Cohen's d Test
Comment 7: Surrogate Country Selection
Comment 8: Financial Ratios
Comment 9: Surrogate Value for Labor
Recommendation
[FR Doc. 2014-09608 Filed 4-25-14; 8:45 am]
BILLING CODE 3510-DS-P
