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]
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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).
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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 https://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 https://enforcement.
trade.gov/frn/. 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.
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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
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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’’).
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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
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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 https://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.
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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’’).
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Fmt 4703
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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
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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
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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 https://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
