Seamless Refined Copper Pipe and Tube From the People's Republic of China: Preliminary Results and Partial Rescission of Administrative Review; 2013-2014, 75968-75971 [2015-30792]

Download as PDF 75968 DATES: Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices Effective Date: December 7, 2015. FOR FURTHER INFORMATION CONTACT: Toby Vandall, Office I, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1664. SUPPLEMENTARY INFORMATION: Background On August 3, 2015, the Department initiated a sunset review of the CVD Order 1 on ribbons from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On August 14, 2015, the Department received a notice of intent to participate in the review on behalf of Berwick Offray LLC and its wholly-owned subsidiary Lion Ribbon Company, LLC (collectively, Berwick Offray) within the deadline specified in 19 CFR 351.218(d)(1)(i). Berwick Offray claimed interested party status under section 771(9)(C) of the Act, as domestic producers of the domestic like product. The Department received adequate substantive responses from the domestic industry within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department did not receive a substantive response from the Government of the PRC or any respondent interested party to the proceeding. Because the Department received no response from the respondent interested parties, the Department conducted an expedited review of this CVD Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(l)(ii)(B)(2) and (C)(2). mstockstill on DSK4VPTVN1PROD with NOTICES Scope of the Order The merchandise subject to the order is narrow woven ribbons with woven selvedge, in any length, but with a width (measured at the narrowest span of the ribbon) less than or equal to 12 centimeters, composed of, in whole or in part, man-made fibers (whether artificial or synthetic, including but not limited to nylon, polyester, rayon, polypropylene, and polyethylene teraphthalate), metal threads and/or metalized yarns, or any combination thereof. The merchandise subject to this order is classifiable under the HTSUS statistical categories 5806.32.1020; 5806.32.1030; 5806.32.1050 and 5806.32.1060. Subject merchandise also 1 See Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China: Countervailing Duty Order, 75 FR 53642 (September 1, 2010) (CVD Order). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 FR 45945 (August 3, 2015). VerDate Sep<11>2014 18:36 Dec 04, 2015 Jkt 238001 may enter under subheadings 5806.31.00; 5806.32.20; 5806.39.20; 5806.39.30; 5808.90.00; 5810.91.00; 5810.99.90; 5903.90.10; 5903.90.25; 5907.00.60; and 5907.00.80 and under statistical categories 5806.32.1080; 5810.92.9080; 5903.90.3090; and 6307.90.9889. The HTSUS statistical categories and subheadings are provided for convenience and customs purposes; however, the written description of the merchandise under the order is dispositive.3 Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum. The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of a countervailable subsidy and the net countervailable subsidy likely to prevail if the CVD Order were revoked. Parties can find a complete discussion of all issues raised in this expedited sunset review and the corresponding recommendations in this public memorandum, which is on file electronically via the Enforcement and Compliance Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement. trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Review Pursuant to sections 752(b)(1) and (3) of the Act, we determine that revocation of the CVD Order on ribbons from the PRC would be likely to lead to continuation or recurrence of a net countervailable subsidy at the rates listed below: 3 A full description of the scope of the order is contained in the memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Countervailing Duty Order on Narrow Woven Ribbons with Woven Selvedge from the People’s Republic of China’’ (Issues and Decision Memorandum), dated concurrently with these results and hereby adopted by this notice. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Manufacturers/exporters Net countervailable subsidy rate (percent) Changtai Rongshu Textile Co., Ltd .................. Yama Ribbons and Bows Co., Ltd ....................... All Others ........................ 117.95 1.56 1.56 Notification Regarding Administrative Protective Order This notice serves as the only 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. Timely notification of return/ 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. The Department is issuing and publishing these final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: December 1, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–30790 Filed 12–4–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–964] Seamless Refined Copper Pipe and Tube From the People’s Republic of China: Preliminary Results and Partial Rescission of Administrative Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ‘‘Department’’) is conducting the fourth 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, 2013, through October 31, 2014. The Department preliminarily determines that, during the period of review (‘‘POR’’), respondent Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD Trading Co., Ltd., and Golden Dragon Holding (Hong Kong) International, Ltd. and eight affiliated producers that comprise the GD Single AGENCY: E:\FR\FM\07DEN1.SGM 07DEN1 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices Entity 1 have made sales of subject merchandise at less than normal value. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: December 7, 2015. FOR FURTHER INFORMATION CONTACT: Drew Jackson, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 482– 4406. SUPPLEMENTARY INFORMATION: 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.2 Extension of Deadlines for Preliminary Results mstockstill on DSK4VPTVN1PROD with NOTICES On July 15, 2015, the Department extended the time period for issuing the preliminary results of this review until November 30, 2015.3 1 The GD Single Entity includes the following companies: (1) Golden Dragon Precise Copper Tube Group, Inc.; (2) Golden Dragon Holding (Hong Kong) International, Ltd.; (3) Hong Kong GD Trading Co., Ltd.; (4) Shanghai Longyang Precise Copper Compound Copper Tube Co., Ltd.; (5) Jiangsu Canghuan Copper Industry Co., Ltd.; (6) Guangdong Longfeng Precise Copper Tube Co., Ltd.; (7) Wuxi Jinlong Chuancun Precise Copper Tube Co., Ltd.; (8) Longkou Longpeng Precise Copper Tube Co., Ltd.; (9) Xinxiang Longxiang Precise Copper Tube Co., Ltd.; (10) Coaxian Ailun Metal Processing Co., Ltd.; and (11) Chonqing Longyu Precise Copper Tube Co., Ltd. (the ‘‘GD Single Entity’’) See section entitled, ‘‘Preliminary Affiliation and Single Entity Determination,’’ below. 2 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, regarding ‘‘Decision Memorandum for the Preliminary Results of the 2013–2014 Administrative Review of the Antidumping Duty Order on Seamless Refined Copper Pipe and Tube from the People’s Republic of China,’’ dated November 30, 2015, for a complete description of the scope of the order (‘‘Preliminary Decision Memorandum’’). 3 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, regarding ‘‘Seamless Refined Copper Pipe and Tube from the People’s Republic of China: Extension of Deadline VerDate Sep<11>2014 18:36 Dec 04, 2015 Jkt 238001 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 initiated this review on December 23, 2014.4 On March 23, 2015, interested parties timely withdrew all review requests for the following companies: (1) Shanghai Hailiang Copper Co., Ltd.; (2) Zhejiang Hailiang Co., Ltd.; (3) China Hailiang Metal Trading; (4) Foshan Hua Hong Copper Tube Co., Ltd.; (5) Guilin Lijia Metals Co., Ltd.; (6) Hong Kong Hailiang Metal; (7) Ningbo Jintian Copper Tube Co., Ltd.; (8) Shanghai Hailiang Metal Trading Limited; (9) Sinochem Ningbo Ltd.; (10) Sinochem Ningbo Import & Export Co., Ltd.; (11) Taicang City Jinxin Copper Tube Co., Ltd.; (12) Zhejiang Jiahe Pipes Inc.; and (13) Zhejiang Naile Copper Co., Ltd. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review with respect to these 13 companies. The Golden Dragon Group Companies 5 did not withdraw their request for administrative review; therefore we are not rescinding the review of the GD Single Entity. Preliminary Affiliation and Single Entity Determination Based on record evidence, the Department preliminarily finds that the following companies are affiliated pursuant to section 771(33)(F) of the Tariff Act of 1930, as amended (‘‘the Act’’): (1) Golden Dragon Precise Copper Tube Group, Inc.; (2) Golden Dragon Holding (Hong Kong) International, Ltd.; (3) Hong Kong GD Trading Co., Ltd.; (4) Shanghai Longyang Precise Copper Compound Copper Tube Co., Ltd.; (5) Jiangsu Canghuan Copper Industry Co., Ltd.; (6) Guangdong Longfeng Precise Copper Tube Co., Ltd.; (7) Wuxi Jinlong Chuancun Precise Copper Tube Co., Ltd.; (8) Longkou Longpeng Precise Copper Tube Co., Ltd.; (9) Xinxiang Longxiang Precise Copper Tube Co., Ltd.; (10) Coaxian Ailun Metal for Preliminary Results of Antidumping Duty Administrative Review’’ (July 15, 2015). 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 76956 (December 23, 2014). 5 Respondent’s submissions in this administrative review are filed on behalf of Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD, Trading Co., Ltd., GD Copper Cooperatief UA, Golden Dragon Holding (Hong Kong) International, Ltd., and GD Copper (U.S.A.) (‘‘Golden Dragon Group Companies’’). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 75969 Processing Co., Ltd.; and (11) Chonqing Longyu Precise Copper Tube Co., Ltd. In addition, based on the information presented in this review, we preliminarily find that these companies should be treated as a single entity for the purposes of this review pursuant to 19 CFR 351.401(f). For additional information, see the Preliminary Decision Memorandum.6 Verification As provided in section 782(i) of the Act, the Department verified constructed export price (‘‘CEP’’) sales information provided by the Golden Dragon Group Companies. The Department conducted the verification using standard verification procedures including the examination of relevant sales and financial records and the selection and review of original documentation containing relevant information. Further, after the issuance of these preliminary results of review, the Department will verify the remaining sales and production information submitted by the Golden Dragon Group Companies, in the PRC. The verification reports will be 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 is available to all parties in the Department’s Central Records Unit, located in room B8024 of the main Department of Commerce building. Methodology The Department conducted this review in accordance with section 751(a)(1)(B) of the Act. The Department calculated export prices and constructed export prices in accordance with section 772 of the Act. Because the PRC is an non-market economy country, within the meaning of section 771(18) of the Act, the Department calculated normal value in accordance with section 773(c) of the Act. 6 See also Memorandum to Abdelali Elouaradia, Director, Office IV, AD/CVD Operations, through Robert Bolling, Program Manager, AD/CVD Operations Office IV, regarding ‘‘Affiliation and Single Entity Status of Golden Dragon Precise Copper Tube Group, Inc.; Golden Dragon Holding (Hong Kong) International Co., Ltd.; Hong Kong GD Trading Co., Ltd.; Shanghai Longyang Precise Copper Compound Copper Tube Co., Ltd.; Jiangsu Canghuan Copper Industry Co., Ltd.; Guangdong Longfeng Precise Copper Tube Co., Ltd.; Wuxi Jinlong Chuancun Precise Copper Tube Co., Ltd.; Longkou Longpeng Precise Copper Tube Co., Ltd.; Xinxiang Longxiang Precise Copper Tube Co., Ltd.; Coaxian Ailun Metal Processing Co., Ltd.; and Chonqing Longyu Precise Copper Tube Co., Ltd.,’’ dated concurrently with this memorandum, for a full discussion of the proprietary details of the Department’s single-entity analysis. E:\FR\FM\07DEN1.SGM 07DEN1 75970 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices For a full description of the methodology underlying the preliminary results of this review, see the Preliminary Decision Memorandum, which is hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is made available to the public via ACCESS. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade. gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review The Department preliminarily determines that the following weightedaverage dumping margin exists for the POR: Weighted-average dumping margin (percent) Exporter mstockstill on DSK4VPTVN1PROD with NOTICES Golden Dragon Precise Copper Tube Group, Inc./Golden Dragon Holding (Hong Kong) International Co., Ltd./Hong Kong GD Trading Co., Ltd./Shanghai Longyang Precise Copper Compound Copper Tube Co., Ltd./Jiangsu Canghuan Copper Industry Co., Ltd./Guangdong Longfeng Precise Copper Tube Co., Ltd./Wuxi Jinlong Chuancun Precise Copper Tube Co., Ltd./Longkou Longpeng Precise Copper Tube Co., Ltd./Xinxiang Longxiang Precise Copper Tube Co., Ltd./Coaxian Ailun Metal Processing Co., Ltd./Chonqing Longyu Precise Copper Tube Co., Ltd. ......................................................................... Disclosure and Public Comment The Department intends to disclose to parties the calculations performed for these preliminary results of review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs no later than seven days after the date on which the final verification report is issued in this proceeding.7 Rebuttal briefs may be filed no later than five days after case briefs are due and may respond only to arguments raised in the case briefs.8 A table of contents, list of authorities used, and an executive summary of issues should accompany any briefs submitted to the Department. The summary should be limited to five pages total, including footnotes. Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice.9 Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. Oral argument presentations will be limited to issues raised in the briefs. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a date and time to be determined.10 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. All submissions, with limited exceptions, must be filed electronically using ACCESS.11 An electronically filed 7 See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general filing requirements). 8 See 19 CFR 351.309(d). 9 See 19 CFR 351.310(c). 10 See 19 CFR 351.310(d). 11 See generally 19 CFR 351.303. VerDate Sep<11>2014 18:36 Dec 04, 2015 Jkt 238001 document must be received successfully in its entirety by the Department’s electronic records system, ACCESS, by 5 p.m. Eastern Time (‘‘ET’’) on the due date. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 18022 and stamped with the date and time of receipt by 5 p.m. ET on the due date.12 Unless otherwise extended, 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 briefs, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results of this review, the Department will determine, and Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries covered by this review.13 The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. In the event that the weighted-average dumping margin calculated for the GD Single Entity (the only individually examined respondent in this segment of the proceeding) in the final results of review is above de minimis (i.e., greater than or equal to 0.5 percent), the Department intends to calculate importer- (or customer)specific assessment rates, in accordance with 19 CFR 351.212(b)(1).14 Where the 12 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). 13 See 19 CFR 351.212(b)(1). 14 See Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) (‘‘Final Modification’’). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 5.89 respondent reported reliable entered values, the Department intends to calculate importer- (or customer)specific ad valorem rates by aggregating the dumping margins calculated for all U.S. sales to the importer- (or customer) and dividing this amount by the total entered value of the sales to the importer- (or customer).15 Where the Department calculates an importer- (or customer)-specific weighted-average dumping margin by dividing the total amount of dumping for reviewed sales to the importer- (or customer) by the total sales quantity associated with those transactions, the Department will direct CBP to assess importer- (or customer)-specific assessment rates based on the resulting per-unit rates.16 Where an importer- (or customer)specific ad valorem or per-unit rate is greater than de minimis, the Department will instruct CBP to collect the appropriate duties at the time of liquidation. Where either the respondent’s weighted average dumping margin is zero or de minimis, or an importer (or customer-) specific ad valorem or per-unit rate is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.17 On October 24, 2011, the Department announced a refinement to its assessment practice in NME antidumping duty cases.18 Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales database submitted by an exporter individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. Additionally, pursuant 15 See 19 CFR 351.212(b)(1). 16 Id. 17 See Final Modification at 8103. Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full discussion of this practice. 18 See E:\FR\FM\07DEN1.SGM 07DEN1 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices to this refinement, 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 will be liquidated at the PRCwide rate. In accordance with section 751(a)(2)(C) of the Act, 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 duties, where applicable. mstockstill on DSK4VPTVN1PROD with NOTICES Cash Deposit Requirements The Department will instruct CBP to require a cash deposit equal to the weighted-average amount by which the normal value exceeds U.S. price. 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 of this notice, 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 which 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 that 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 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 POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the VerDate Sep<11>2014 18:36 Dec 04, 2015 Jkt 238001 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. Dated: November 30, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Partial Rescission of Administrative Review V. Discussion of the Methodology A. Non-Market Economy Country Status B. Separate Rate C. Surrogate Country D. Date of Sale E. Fair Value Comparisons F. Determination of Comparison Method G. Export Price H. Constructed Export Price I. Normal Value J. Factor Valuations K. Currency Conversion VI. Recommendation [FR Doc. 2015–30792 Filed 12–4–15; 8:45 am] 75971 Background On September 21, 2010, the Department published the CVD Order on MCBs from the PRC.1 On August 3, 2015, the Department published a notice of initiation of the first sunset review of the CVD Order on MCBs from the PRC pursuant to section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).2 On August 18, 2015, the Magnesia Carbon Bricks Fair Trade Committee (the Committee) filed a notice of intent to participate in the review.3 The Committee claimed interested party status pursuant to section 771(9)(C) of the Act. The Department received an adequate substantive response from the domestic industry within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department did not receive a response from the Government of the PRC (GOC) or any respondent interested party to the proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(l)(ii)(B)(2) and (C)(2), the Department conducted an expedited review of this CVD Order on MCBs. Scope of the Order BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–955] Certain Magnesia Carbon Bricks From the People’s Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) finds that revocation of the countervailing duty (CVD) order on certain magnesia carbon bricks (MCBs) from the People’s Republic of China (PRC) would be likely to lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Effective Date: December 7, 2015. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, Office VII, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–5255. SUPPLEMENTARY INFORMATION: AGENCY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 The merchandise subject to this CVD Order includes certain chemicallybonded (resin or pitch), magnesia carbon bricks. Certain magnesia carbon bricks that are the subject of this order are currently classifiable under subheadings 6902.10.1000, 6902.10.5000, 6815.91.0000, 6815.99.2000 and 6815.99.4000 of the Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. The Issues and Decision Memorandum, which is hereby adopted by this notice, provides a full description of the scope of the order.4 1 See Certain Magnesia Carbon Bricks from the People’s Republic of China: Countervailing Duty Order, 75 FR 57442 (September 21, 2010) (CVD Order). 2 See Initiation of Five-Year ‘‘Sunset’’ Reviews, 80 FR 45945 (August 3, 2015). 3 See Letter to the Department, ‘‘First Five-Year (‘‘Sunset’’) Review of Countervailing Duty Order on Magnesia Carbon Bricks From The People’s Republic of China: Domestic Industry’s Notice of Intent to Participate In Sunset Review,’’ (August 18, 2015). The Committee is an ad hoc association of three U.S. producers of MCBs: Resco Products, Inc., Magnesita Refractories Company, and Harbison Walker International, Inc. 4 See Department Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Countervailing Duty Order on Certain Magnesia Carbon Bricks from the People’s Republic of China,’’ dated concurrently with this notice. E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 75968-75971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30792]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-964]


Seamless Refined Copper Pipe and Tube From the People's Republic 
of China: Preliminary Results and Partial Rescission of Administrative 
Review; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the ``Department'') is conducting 
the fourth 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, 2013, through October 
31, 2014. The Department preliminarily determines that, during the 
period of review (``POR''), respondent Golden Dragon Precise Copper 
Tube Group, Inc., Hong Kong GD Trading Co., Ltd., and Golden Dragon 
Holding (Hong Kong) International, Ltd. and eight affiliated producers 
that comprise the GD Single

[[Page 75969]]

Entity \1\ have made sales of subject merchandise at less than normal 
value. Interested parties are invited to comment on these preliminary 
results.
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    \1\ The GD Single Entity includes the following companies: (1) 
Golden Dragon Precise Copper Tube Group, Inc.; (2) Golden Dragon 
Holding (Hong Kong) International, Ltd.; (3) Hong Kong GD Trading 
Co., Ltd.; (4) Shanghai Longyang Precise Copper Compound Copper Tube 
Co., Ltd.; (5) Jiangsu Canghuan Copper Industry Co., Ltd.; (6) 
Guangdong Longfeng Precise Copper Tube Co., Ltd.; (7) Wuxi Jinlong 
Chuancun Precise Copper Tube Co., Ltd.; (8) Longkou Longpeng Precise 
Copper Tube Co., Ltd.; (9) Xinxiang Longxiang Precise Copper Tube 
Co., Ltd.; (10) Coaxian Ailun Metal Processing Co., Ltd.; and (11) 
Chonqing Longyu Precise Copper Tube Co., Ltd. (the ``GD Single 
Entity'') See section entitled, ``Preliminary Affiliation and Single 
Entity Determination,'' below.

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DATES: Effective Date: December 7, 2015.

FOR FURTHER INFORMATION CONTACT: Drew Jackson, AD/CVD Operations, 
Office IV, Enforcement & Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: 482-4406.

SUPPLEMENTARY INFORMATION:

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.\2\
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    \2\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Gary Taverman, Associate Deputy Assistant Secretary for Antidumping 
and Countervailing Duty Operations, regarding ``Decision Memorandum 
for the Preliminary Results of the 2013-2014 Administrative Review 
of the Antidumping Duty Order on Seamless Refined Copper Pipe and 
Tube from the People's Republic of China,'' dated November 30, 2015, 
for a complete description of the scope of the order (``Preliminary 
Decision Memorandum'').
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Extension of Deadlines for Preliminary Results

    On July 15, 2015, the Department extended the time period for 
issuing the preliminary results of this review until November 30, 
2015.\3\
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    \3\ 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, 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 15, 2015).
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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 initiated this review on December 23, 2014.\4\ On March 23, 
2015, interested parties timely withdrew all review requests for the 
following companies: (1) Shanghai Hailiang Copper Co., Ltd.; (2) 
Zhejiang Hailiang Co., Ltd.; (3) China Hailiang Metal Trading; (4) 
Foshan Hua Hong Copper Tube Co., Ltd.; (5) Guilin Lijia Metals Co., 
Ltd.; (6) Hong Kong Hailiang Metal; (7) Ningbo Jintian Copper Tube Co., 
Ltd.; (8) Shanghai Hailiang Metal Trading Limited; (9) Sinochem Ningbo 
Ltd.; (10) Sinochem Ningbo Import & Export Co., Ltd.; (11) Taicang City 
Jinxin Copper Tube Co., Ltd.; (12) Zhejiang Jiahe Pipes Inc.; and (13) 
Zhejiang Naile Copper Co., Ltd. Therefore, in accordance with 19 CFR 
351.213(d)(1), we are rescinding this review with respect to these 13 
companies. The Golden Dragon Group Companies \5\ did not withdraw their 
request for administrative review; therefore we are not rescinding the 
review of the GD Single Entity.
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    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 79 FR 76956 (December 23, 2014).
    \5\ Respondent's submissions in this administrative review are 
filed on behalf of Golden Dragon Precise Copper Tube Group, Inc., 
Hong Kong GD, Trading Co., Ltd., GD Copper Cooperatief UA, Golden 
Dragon Holding (Hong Kong) International, Ltd., and GD Copper 
(U.S.A.) (``Golden Dragon Group Companies'').
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Preliminary Affiliation and Single Entity Determination

    Based on record evidence, the Department preliminarily finds that 
the following companies are affiliated pursuant to section 771(33)(F) 
of the Tariff Act of 1930, as amended (``the Act''): (1) Golden Dragon 
Precise Copper Tube Group, Inc.; (2) Golden Dragon Holding (Hong Kong) 
International, Ltd.; (3) Hong Kong GD Trading Co., Ltd.; (4) Shanghai 
Longyang Precise Copper Compound Copper Tube Co., Ltd.; (5) Jiangsu 
Canghuan Copper Industry Co., Ltd.; (6) Guangdong Longfeng Precise 
Copper Tube Co., Ltd.; (7) Wuxi Jinlong Chuancun Precise Copper Tube 
Co., Ltd.; (8) Longkou Longpeng Precise Copper Tube Co., Ltd.; (9) 
Xinxiang Longxiang Precise Copper Tube Co., Ltd.; (10) Coaxian Ailun 
Metal Processing Co., Ltd.; and (11) Chonqing Longyu Precise Copper 
Tube Co., Ltd.
    In addition, based on the information presented in this review, we 
preliminarily find that these companies should be treated as a single 
entity for the purposes of this review pursuant to 19 CFR 351.401(f). 
For additional information, see the Preliminary Decision Memorandum.\6\
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    \6\ See also Memorandum to Abdelali Elouaradia, Director, Office 
IV, AD/CVD Operations, through Robert Bolling, Program Manager, AD/
CVD Operations Office IV, regarding ``Affiliation and Single Entity 
Status of Golden Dragon Precise Copper Tube Group, Inc.; Golden 
Dragon Holding (Hong Kong) International Co., Ltd.; Hong Kong GD 
Trading Co., Ltd.; Shanghai Longyang Precise Copper Compound Copper 
Tube Co., Ltd.; Jiangsu Canghuan Copper Industry Co., Ltd.; 
Guangdong Longfeng Precise Copper Tube Co., Ltd.; Wuxi Jinlong 
Chuancun Precise Copper Tube Co., Ltd.; Longkou Longpeng Precise 
Copper Tube Co., Ltd.; Xinxiang Longxiang Precise Copper Tube Co., 
Ltd.; Coaxian Ailun Metal Processing Co., Ltd.; and Chonqing Longyu 
Precise Copper Tube Co., Ltd.,'' dated concurrently with this 
memorandum, for a full discussion of the proprietary details of the 
Department's single-entity analysis.
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Verification

    As provided in section 782(i) of the Act, the Department verified 
constructed export price (``CEP'') sales information provided by the 
Golden Dragon Group Companies. The Department conducted the 
verification using standard verification procedures including the 
examination of relevant sales and financial records and the selection 
and review of original documentation containing relevant information. 
Further, after the issuance of these preliminary results of review, the 
Department will verify the remaining sales and production information 
submitted by the Golden Dragon Group Companies, in the PRC.
    The verification reports will be 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 is available to 
all parties in the Department's Central Records Unit, located in room 
B8024 of the main Department of Commerce building.

Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Act. The Department calculated export prices and 
constructed export prices in accordance with section 772 of the Act. 
Because the PRC is an non-market economy country, within the meaning of 
section 771(18) of the Act, the Department calculated normal value in 
accordance with section 773(c) of the Act.

[[Page 75970]]

    For a full description of the methodology underlying the 
preliminary results of this review, see the Preliminary Decision 
Memorandum, which is hereby adopted by this notice. The Preliminary 
Decision Memorandum is a public document and is made available to the 
public via ACCESS. In addition, a complete version of the Preliminary 
Decision Memorandum can be found at http://enforcement.trade.gov/frn/. 
The signed and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margin exists for the POR:

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Golden Dragon Precise Copper Tube Group, Inc./Golden                5.89
 Dragon Holding (Hong Kong) International Co., Ltd./
 Hong Kong GD Trading Co., Ltd./Shanghai Longyang
 Precise Copper Compound Copper Tube Co., Ltd./
 Jiangsu Canghuan Copper Industry Co., Ltd./Guangdong
 Longfeng Precise Copper Tube Co., Ltd./Wuxi Jinlong
 Chuancun Precise Copper Tube Co., Ltd./Longkou
 Longpeng Precise Copper Tube Co., Ltd./Xinxiang
 Longxiang Precise Copper Tube Co., Ltd./Coaxian
 Ailun Metal Processing Co., Ltd./Chonqing Longyu
 Precise Copper Tube Co., Ltd........................
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose to parties the calculations 
performed for these preliminary results of review within five days of 
the date of publication of this notice in accordance with 19 CFR 
351.224(b). Interested parties may submit case briefs no later than 
seven days after the date on which the final verification report is 
issued in this proceeding.\7\ Rebuttal briefs may be filed no later 
than five days after case briefs are due and may respond only to 
arguments raised in the case briefs.\8\ A table of contents, list of 
authorities used, and an executive summary of issues should accompany 
any briefs submitted to the Department. The summary should be limited 
to five pages total, including footnotes.
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    \7\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general 
filing requirements).
    \8\ See 19 CFR 351.309(d).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice.\9\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. Oral argument presentations will be 
limited to issues raised in the briefs. If a request for a hearing is 
made, the Department intends to hold the hearing at the U.S. Department 
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a date and time to be determined.\10\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
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    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\11\ An electronically filed document must 
be received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (``ET'') on the due 
date. Documents excepted from the electronic submission requirements 
must be filed manually (i.e., in paper form) with the APO/Dockets Unit 
in Room 18022 and stamped with the date and time of receipt by 5 p.m. 
ET on the due date.\12\
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    \11\ See generally 19 CFR 351.303.
    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    Unless otherwise extended, 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 briefs, within 120 days 
of publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of this review, the Department 
will determine, and Customs and Border Protection (``CBP'') shall 
assess, antidumping duties on all appropriate entries covered by this 
review.\13\ The Department intends to issue assessment instructions to 
CBP 15 days after the publication date of the final results of this 
review. In the event that the weighted-average dumping margin 
calculated for the GD Single Entity (the only individually examined 
respondent in this segment of the proceeding) in the final results of 
review is above de minimis (i.e., greater than or equal to 0.5 
percent), the Department intends to calculate importer- (or customer)-
specific assessment rates, in accordance with 19 CFR 351.212(b)(1).\14\ 
Where the respondent reported reliable entered values, the Department 
intends to calculate importer- (or customer)-specific ad valorem rates 
by aggregating the dumping margins calculated for all U.S. sales to the 
importer- (or customer) and dividing this amount by the total entered 
value of the sales to the importer- (or customer).\15\ Where the 
Department calculates an importer- (or customer)-specific weighted-
average dumping margin by dividing the total amount of dumping for 
reviewed sales to the importer- (or customer) by the total sales 
quantity associated with those transactions, the Department will direct 
CBP to assess importer- (or customer)-specific assessment rates based 
on the resulting per-unit rates.\16\ Where an importer- (or customer)- 
specific ad valorem or per-unit rate is greater than de minimis, the 
Department will instruct CBP to collect the appropriate duties at the 
time of liquidation. Where either the respondent's weighted average 
dumping margin is zero or de minimis, or an importer (or customer-) 
specific ad valorem or per-unit rate is zero or de minimis, the 
Department will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\17\
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    \13\ See 19 CFR 351.212(b)(1).
    \14\ See Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) 
(``Final Modification'').
    \15\ See 19 CFR 351.212(b)(1).
    \16\ Id.
    \17\ See Final Modification at 8103.
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    On October 24, 2011, the Department announced a refinement to its 
assessment practice in NME antidumping duty cases.\18\ Pursuant to this 
refinement in practice, for entries that were not reported in the U.S. 
sales database submitted by an exporter individually examined during 
this review, the Department will instruct CBP to liquidate such entries 
at the PRC-wide rate. Additionally, pursuant

[[Page 75971]]

to this refinement, 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 will be 
liquidated at the PRC-wide rate.
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    \18\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
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    In accordance with section 751(a)(2)(C) of the Act, 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 duties, 
where applicable.

Cash Deposit Requirements

    The Department will instruct CBP to require a cash deposit equal to 
the weighted-average amount by which the normal value exceeds U.S. 
price. 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 of 
this notice, 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 which 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 that 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

    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 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.
    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.

    Dated: November 30, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of the Methodology
    A. Non-Market Economy Country Status
    B. Separate Rate
    C. Surrogate Country
    D. Date of Sale
    E. Fair Value Comparisons
    F. Determination of Comparison Method
    G. Export Price
    H. Constructed Export Price
    I. Normal Value
    J. Factor Valuations
    K. Currency Conversion
VI. Recommendation

[FR Doc. 2015-30792 Filed 12-4-15; 8:45 am]
 BILLING CODE 3510-DS-P