Seamless Refined Copper Pipe and Tube From the People's Republic of China: Preliminary Results and Partial Rescission of Administrative Review; 2012-2013, 71089-71091 [2014-28255]
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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices
liquidate its entries during the POR
imported by the importer identified in
its questionnaire responses without
regard to antidumping duties because its
weighted-average dumping margin in
these final results is zero.9
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003.10 This clarification applies
to entries of subject merchandise during
the POR produced by companies
included in these final results of review
for which the reviewed companies did
not know that the merchandise they
sold to an intermediary (e.g., a reseller,
trading company, or exporter) was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate established in the less-thanfair-value (LTFV) investigation 11 if
there is no rate for the intermediate
company(ies) involved in the
transaction.12
For the companies identified above as
having had no shipments, because the
Department has determined that each of
these companies had no shipments
during the POR for which they had
knowledge, all entries entered under
each of their cash deposit rates will be
liquidated at the all-others rate
established in the LTFV investigation.13
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rates for Borusan and
Toscelik will be equal to the weightedaverage dumping margins established in
the final results of this review; (2) for
previously reviewed or investigated
companies not participating in this
review, the cash deposit rate will
continue to be the company-specific rate
established from a completed segment
of this proceeding for the most recent
period; (3) if the exporter is not a firm
asabaliauskas on DSK5VPTVN1PROD with NOTICES
9 See
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103
(February 14, 2012).
10 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
11 See Antidumping Duty Order; Welded Carbon
Steel Standard Pipe and Tube Products From
Turkey, 51 FR 17784, 17784 (May 15, 1986) (Order).
12 See Assessment Policy Notice for a full
discussion of this clarification.
13 See Magnesium Metal, 75 FR at 26923;
Assessment Policy Notice, 68 FR 23954; see also
Order, 51 FR at 17784.
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71089
covered in this review, a previous
review, or the original LTFV
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established from a completed segment
of this proceeding for the most recent
period for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 14.74
percent, the all-others rate established
in the LTFV investigation.14 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Issue 4: Duty Drawback and Yield Loss
Factor
Issue 5: Differential Pricing
Issue 6: Withdrawal of the Regulatory
Provisions Governing Targeted Dumping
in Less-Than-Fair-Value Investigations
Recommendation
Notification to Importers
Seamless Refined Copper Pipe and
Tube From the People’s Republic of
China: Preliminary Results and Partial
Rescission of Administrative Review;
2012–2013
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 review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred, and the
subsequent assessment of double
antidumping duties.
Notifications to Interested Parties
In accordance with 19 CFR
351.305(a)(3), this notice serves as the
only reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO. Timely written
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.
These final results of review and
notice are published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: November 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Issue 1: Physical Characteristic for Grade
Issue 2: Whether the Department Should
Collapse ASTM A53 grade A and ASTM
A53 grade B into a Single Grade Category
Issue 3: Duty Drawback and Treatment of
the Resource Utilization Support Fund
Tax
14 See
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Order, 51 FR at 17784.
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[FR Doc. 2014–28263 Filed 11–28–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–964]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (the ‘‘Department’’) is
conducting the third administrative
review of the antidumping duty order
on seamless refined copper pipe and
tube from the People’s Republic of
China (‘‘PRC’’), covering the period
November 1, 2012 through October 31,
2013. The Department preliminarily
determines that, during the period of
review, Golden Dragon Precise Copper
Tube Group, Inc., Hong Kong GD
Trading Co., Ltd., and Golden Dragon
Holding (Hong Kong) International, Ltd.
(collectively, ‘‘Golden Dragon’’), the
respondent in this proceeding, has made
sales of subject merchandise at less than
normal value (‘‘NV’’). Interested parties
are invited to comment on these
preliminary results.
DATES: Effective Date: December 1, 2014.
FOR FURTHER INFORMATION CONTACT:
James Martinelli, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–2923.
SUPPLEMENTARY INFORMATION:
AGENCY:
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
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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices
provided for convenience and customs
purposes, the written description of the
scope of this order remains dispositive.1
Extension of Deadlines for Preliminary
Results
On July 8, 2014 the Department
extended the time period for issuing the
preliminary results of this review by 120
days, until December 1, 2014.2
Rescission of Administrative Review, in
Part
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if a party
who requested the review withdraws
the request within 90 days of the date
of publication of the notice of initiation
of the requested review. The
Department is rescinding this review
with regard to Luvata Tube (Zhongshan)
Ltd. & Luvata Alltop (Zhongshan) Ltd.
(collectively, ‘‘Luvata’’), Shanghai
Hailiang Copper Co., Ltd., and Zhejiang
Hailiang Co., Ltd. as parties have timely
withdrawn all review requests with
respect to these companies. At the time
of Initiation, Luvata, Shanghai Hailiang
Copper Co., Ltd., and Zhejiang Hailiang
Co., Ltd. had a separate rate from a prior
completed segment of this proceeding.3
Because we are now rescinding this
review for these companies, we will
instruct CBP to liquidate their entries at
the rates of the cash deposits of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(2).
Reviews were also requested for 11
additional companies listed in the
Initiation Notice, and those requests
1 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
regarding ‘‘Decision Memorandum for the
Preliminary Results of the 2012–2013
Administrative Review of the Antidumping Duty
Order on Seamless Refined Copper Pipe and Tube
from the People’s Republic of China’’ (November
21, 2014) for a complete description of the scope
of the order (‘‘Preliminary Decision
Memorandum’’).
2 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, through Abdelali
Elouaradia, Office Director, Antidumping and
Countervailing Duty Operations, Office 4, from
Maisha Cryor, International Trade Compliance
Analyst, Antidumping and Countervailing Duty
Operations, Office 4, regarding ‘‘Seamless Refined
Copper Pipe and Tube from the People’s Republic
of China: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative
Review’’ (July 8, 2014).
3 See Seamless Refined Copper Pipe and Tube
From Mexico and the People’s Republic of China:
Final Determination of Sales at Less Than Fair
Value, 75 FR 60725, 60729 (October 1, 2010)
(‘‘LTFV Final Determination’’).
VerDate Sep<11>2014
14:08 Nov 28, 2014
Jkt 235001
were also timely withdrawn.4 However,
we are not rescinding the reviews for
these 11 companies at this time because
they do not have a separate rate and,
therefore, each currently remains part of
the PRC-wide entity. The PRC-wide
entity is currently subject to this
administrative review.5
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the ‘‘Act’’). Export prices and
constructed export prices were
calculated in accordance with section
772 of the Act. Because the PRC is a
nonmarket economy (‘‘NME’’) country
within the meaning of section 771(18) of
the Act, NV has been calculated in
accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, which is hereby
adopted by this notice. A list of topics
discussed in the Preliminary Decision
Memorandum is included as an
Appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at https://access.trade.gov, and it is
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 78 FR 79392
(December 30, 2013) (‘‘Initiation Notice’’). The 11
companies include: China Hailiang Metal Trading,
Foshan Hua Hong Copper Tube Co., Ltd., Guilin
Lijia Metals Co., Ltd., Hong Kong Hailiang Metal,
Ningbo Jintian Copper Tube Co., Ltd., Shanghai
Hailiang Metal Trading Limited, Sinochem Ningbo
Ltd. & Sinochem Ningbo Import & Export Co., Ltd.,
Taicang City Jinxin Copper Tube Co., Ltd., Zhejiang
Jihe Pipes Inc., and Zhejiang Naile Copper Co., Ltd.
These companies are not included in the collapsed
entity of Hong Kong Hailiang Metal Trading
Limited, Zhejiang Hailiang Co., Ltd., and Shanghai
Hailiang Copper Co., Ltd.
5 See, e.g., Narrow Woven Ribbons With Woven
Selvedge From the People’s Republic of China:
Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review, 77 FR
47363, 47365 (August 8, 2012), unchanged in
Narrow Woven Ribbons With Woven Selvedge From
the People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2010–
2011, 78 FR 10130 (February 13, 2013). A change
in practice with respect to the conditional review
of the PRC-wide entity is not applicable to this
administrative review. See Antidumping
Proceedings: Announcement of Change in
Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional
Review of the Nonmarket Economy Entity in NME
Antidumping Duty Proceedings, 78 FR 65964,
65969–70 (November 4, 2013) (apply the change in
practice to reviews for which the notice of
opportunity to request an administrative review is
published on or after December 4, 2013).
PO 00000
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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://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily
determines that the following 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.
PRC-wide entity ........................
7.17
60.85
Disclosure and Public Comment
The Department intends to disclose
calculations performed for these
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties may
submit written comments no later than
30 days after the date of publication of
these preliminary results.6 Rebuttals to
written comments may be filed no later
than five days after the written
comments are filed.7
Any interested party may request a
hearing within 30 days of publication of
this notice.8 Hearing requests should
contain the following information:
(1) The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.9
All submissions by interested parties
must be filed electronically via
ACCESS. An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, ACCESS, by
6 See
19 CFR 351.309(c).
19 CFR 351.309(d).
8 See 19 CFR 351.310(c).
9 See 19 CFR 351.310(d).
7 See
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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices
71091
Notification to Interested Parties
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
5 p.m. Eastern Time in order for it to
have been submitted timely on that day.
The Department intends to issue the
final results of this administrative
review, which will include the results of
its analysis of issues raised in any
written comments, within 120 days of
publication of these preliminary results
unless extended, pursuant to section
751(a)(3)(A) of the Act.
that entered under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the PRC-wide rate.11
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.
Dated: November 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
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).10
For respondents not individually
examined for this review, their ad
valorem assessment rate will be equal to
their weighted-average dumping margin
established in the final results of review.
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 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
Cash Deposit Requirements
Appendix
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 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; 12 and (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Partial Rescission of Administrative
Review
6. Non-Market Economy Country Status
7. Separate Rates
8. PRC-Wide Entity
9. Surrogate Country
10. Date of Sale
11. Fair Value Comparisons
12. Determination of Comparison Method
13. Export Price
14. Constructed Export Price
15. Value Added Tax
16. Normal Value
17. Factor Valuations
18. Currency Conversion
19. Recommendation
10 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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14:08 Nov 28, 2014
Jkt 235001
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.
11 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
12 See LTFV Final Determination, 75 FR at 60729.
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[FR Doc. 2014–28255 Filed 11–28–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Five-Year (‘‘Sunset’’)
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In accordance with section
751(c) of the Tariff Act of 1930, as
amended (‘‘the Act’’), the Department of
Commerce (‘‘the Department’’) is
automatically initiating the five-year
review (‘‘Sunset Review’’) of the
antidumping and countervailing duty
(‘‘AD/CVD’’) orders listed below. The
International Trade Commission (‘‘the
Commission’’) is publishing
concurrently with this notice its notice
of Institution of Five-Year Review which
covers the same orders.
DATES: Effective Date: December 1, 2014.
FOR FURTHER INFORMATION CONTACT: The
Department official identified in the
Initiation of Review section below at
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
For information from the Commission
AGENCY:
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]]>Agencies
[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Notices]
[Pages 71089-71091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28255]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-964]
Seamless Refined Copper Pipe and Tube From the People's Republic
of China: Preliminary Results and Partial Rescission of Administrative
Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (the ``Department'') is conducting the third
administrative review of the antidumping duty order on seamless refined
copper pipe and tube from the People's Republic of China (``PRC''),
covering the period November 1, 2012 through October 31, 2013. The
Department preliminarily determines that, during the period of review,
Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD Trading
Co., Ltd., and Golden Dragon Holding (Hong Kong) International, Ltd.
(collectively, ``Golden Dragon''), the respondent in this proceeding,
has made sales of subject merchandise at less than normal value
(``NV''). Interested parties are invited to comment on these
preliminary results.
DATES: Effective Date: December 1, 2014.
FOR FURTHER INFORMATION CONTACT: James Martinelli, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2923.
SUPPLEMENTARY INFORMATION:
Scope of Order
The merchandise subject to the order is seamless refined copper
pipe and tube. The product is currently classified under Harmonized
Tariff Schedule of the United States (``HTSUS'') item numbers
7411.10.1030 and 7411.10.1090. Products subject to this order may also
enter under HTSUS item numbers 7407.10.1500, 7419.99.5050,
8415.90.8065, and 8415.90.8085. Although the HTSUS numbers are
[[Page 71090]]
provided for convenience and customs purposes, the written description
of the scope of this order remains dispositive.\1\
---------------------------------------------------------------------------
\1\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
regarding ``Decision Memorandum for the Preliminary Results of the
2012-2013 Administrative Review of the Antidumping Duty Order on
Seamless Refined Copper Pipe and Tube from the People's Republic of
China'' (November 21, 2014) for a complete description of the scope
of the order (``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------
Extension of Deadlines for Preliminary Results
On July 8, 2014 the Department extended the time period for issuing
the preliminary results of this review by 120 days, until December 1,
2014.\2\
---------------------------------------------------------------------------
\2\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
through Abdelali Elouaradia, Office Director, Antidumping and
Countervailing Duty Operations, Office 4, from Maisha Cryor,
International Trade Compliance Analyst, Antidumping and
Countervailing Duty Operations, Office 4, regarding ``Seamless
Refined Copper Pipe and Tube from the People's Republic of China:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review'' (July 8, 2014).
---------------------------------------------------------------------------
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation of the requested review. The
Department is rescinding this review with regard to Luvata Tube
(Zhongshan) Ltd. & Luvata Alltop (Zhongshan) Ltd. (collectively,
``Luvata''), Shanghai Hailiang Copper Co., Ltd., and Zhejiang Hailiang
Co., Ltd. as parties have timely withdrawn all review requests with
respect to these companies. At the time of Initiation, Luvata, Shanghai
Hailiang Copper Co., Ltd., and Zhejiang Hailiang Co., Ltd. had a
separate rate from a prior completed segment of this proceeding.\3\
Because we are now rescinding this review for these companies, we will
instruct CBP to liquidate their entries at the rates of the cash
deposits of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, in accordance with 19
CFR 351.212(c)(2).
---------------------------------------------------------------------------
\3\ See Seamless Refined Copper Pipe and Tube From Mexico and
the People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 75 FR 60725, 60729 (October 1, 2010) (``LTFV Final
Determination'').
---------------------------------------------------------------------------
Reviews were also requested for 11 additional companies listed in
the Initiation Notice, and those requests were also timely
withdrawn.\4\ However, we are not rescinding the reviews for these 11
companies at this time because they do not have a separate rate and,
therefore, each currently remains part of the PRC-wide entity. The PRC-
wide entity is currently subject to this administrative review.\5\
---------------------------------------------------------------------------
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
79392 (December 30, 2013) (``Initiation Notice''). The 11 companies
include: China Hailiang Metal Trading, Foshan Hua Hong Copper Tube
Co., Ltd., Guilin Lijia Metals Co., Ltd., Hong Kong Hailiang Metal,
Ningbo Jintian Copper Tube Co., Ltd., Shanghai Hailiang Metal
Trading Limited, Sinochem Ningbo Ltd. & Sinochem Ningbo Import &
Export Co., Ltd., Taicang City Jinxin Copper Tube Co., Ltd.,
Zhejiang Jihe Pipes Inc., and Zhejiang Naile Copper Co., Ltd. These
companies are not included in the collapsed entity of Hong Kong
Hailiang Metal Trading Limited, Zhejiang Hailiang Co., Ltd., and
Shanghai Hailiang Copper Co., Ltd.
\5\ See, e.g., Narrow Woven Ribbons With Woven Selvedge From the
People's Republic of China: Preliminary Results and Partial
Rescission of Antidumping Duty Administrative Review, 77 FR 47363,
47365 (August 8, 2012), unchanged in Narrow Woven Ribbons With Woven
Selvedge From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review; 2010-2011, 78 FR 10130
(February 13, 2013). A change in practice with respect to the
conditional review of the PRC-wide entity is not applicable to this
administrative review. See Antidumping Proceedings: Announcement of
Change in Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional Review of the Nonmarket
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65964,
65969-70 (November 4, 2013) (apply the change in practice to reviews
for which the notice of opportunity to request an administrative
review is published on or after December 4, 2013).
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Methodology
The Department conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the ``Act'').
Export prices and constructed export prices were calculated in
accordance with section 772 of the Act. Because the PRC is a nonmarket
economy (``NME'') country within the meaning of section 771(18) of the
Act, NV has been calculated in accordance with section 773(c) of the
Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, which is hereby
adopted by this notice. A list of topics discussed in the Preliminary
Decision Memorandum is included as an Appendix to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (``ACCESS'').
ACCESS is available to registered users at https://access.trade.gov, and
it is available to all parties in the Central Records Unit, room 7046
of the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed at
https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD 7.17
Trading Co., Ltd., and Golden Dragon Holding (Hong Kong)
International, Ltd.
PRC-wide entity............................................ 60.85
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit written comments no later than 30 days
after the date of publication of these preliminary results.\6\
Rebuttals to written comments may be filed no later than five days
after the written comments are filed.\7\
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\6\ See 19 CFR 351.309(c).
\7\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\8\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\9\
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\8\ See 19 CFR 351.310(c).
\9\ See 19 CFR 351.310(d).
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All submissions by interested parties must be filed electronically
via ACCESS. An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system, ACCESS, by
[[Page 71091]]
5 p.m. Eastern Time in order for it to have been submitted timely on
that day.
The Department intends to issue the final results of this
administrative review, which will include the results of its analysis
of issues raised in any written comments, within 120 days of
publication of these preliminary results unless extended, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuing the final results of the review, the Department shall
determine, and U.S. Customs and Border Protection (``CBP'') shall
assess, antidumping duties on all appropriate entries. The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of the final results of review. For any individually
examined respondents whose weighted-average dumping margin is not zero
or de minimis (i.e., less than 0.5 percent), the Department will
calculate importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\10\ For respondents not
individually examined for this review, their ad valorem assessment rate
will be equal to their weighted-average dumping margin established in
the final results of review.
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\10\ In these preliminary results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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The Department will instruct CBP to assess antidumping duties on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is not zero or de minimis. Where either the respondent's weighted-
average dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, the Department will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties.
The Department announced a refinement to its assessment practice in
NME cases. Pursuant to this refinement in practice, for entries that
were not reported in the U.S. sales databases submitted by companies
individually examined during this review, the Department will instruct
CBP to liquidate such entries at the PRC-wide rate. In addition, if the
Department determines that an exporter under review had no shipments of
the subject merchandise, any suspended entries that entered under that
exporter's case number (i.e., at that exporter's rate) will be
liquidated at the PRC-wide rate.\11\
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\11\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
antidumping duties.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review
(except, if the rate is de minimis, then the cash deposit rate will be
zero for that exporter); (2) for previously investigated or reviewed
PRC and non-PRC exporters not listed above that have separate rates,
the cash deposit rate will continue to be the exporter-specific rate
published for the most recently completed segment of this proceeding;
(3) for all PRC exporters of subject merchandise that have not been
found to be entitled to a separate rate, the cash deposit rate will be
60.85 percent, which is the rate for the PRC-wide entity; \12\ and (4)
for all non-PRC exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the PRC exporter that supplied that non-PRC exporter.
These deposit requirements, when imposed, shall remain in effect until
further notice.
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\12\ See LTFV Final Determination, 75 FR at 60729.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the CBP assessing double
antidumping duties based on the Department's presumption that
antidumping duties were reimbursed.
Notification to Interested Parties
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.
Dated: November 21, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Partial Rescission of Administrative Review
6. Non-Market Economy Country Status
7. Separate Rates
8. PRC-Wide Entity
9. Surrogate Country
10. Date of Sale
11. Fair Value Comparisons
12. Determination of Comparison Method
13. Export Price
14. Constructed Export Price
15. Value Added Tax
16. Normal Value
17. Factor Valuations
18. Currency Conversion
19. Recommendation
[FR Doc. 2014-28255 Filed 11-28-14; 8:45 am]
BILLING CODE 3510-DS-P
