Seamless Refined Copper Pipe and Tube From the People's Republic of China and Mexico: Preliminary Results of the Sunset Reviews of the Antidumping Duty Orders, 4252-4253 [2016-01498]
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Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Notices
FOR FURTHER INFORMATION CONTACT:
Blaine Wiltse, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6345.
SUPPLEMENTARY INFORMATION: On
January 12, 2016, the Department of
Commerce (the Department) published
in the Federal Register the final results
of the 2013–2014 administrative review
of the antidumping duty order on
tapered roller bearings and parts thereof,
finished and unfinished, from the
People’s Republic of China.1 The period
of review is June 1, 2013, through May
31, 2014. In the Final Results, the
Department incorrectly assigned a
weighted-average dumping margin of
0.91 percent to the company
‘‘Changshan Peer Bearing Co., Ltd./
Shanghai General Bearing Co., Ltd.’’ 2
However, the weighted-average
dumping margin should have been
assigned, instead, to Changshan Peer
Bearing Co., Ltd. alone.3 As a result, we
now correct the final results of the
2013–2014 administrative review as
noted above.
This correction to the final results of
administrative review is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Tariff Act
of 1930, as amended.
Dated: January 19, 2016.
Paul Piquado,
Assistant Secretary, for Enforcement and
Compliance.
[FR Doc. 2016–01499 Filed 1–25–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–964; A–201–838]
Seamless Refined Copper Pipe and
Tube From the People’s Republic of
China and Mexico: Preliminary Results
of the Sunset Reviews of the
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) preliminarily finds
that revocation of the antidumping duty
orders on seamless refined copper pipe
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
1 See Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, from the People’s
Republic of China: Final Results of the
Antidumping Duty Administrative Review; 2013–
2014, 81 FR 1396 (January 12, 2016) (Final Results).
2 Id., at 1397.
3 Id., at Comment 1 in the accompanying Issues
and Decision Memorandum.
VerDate Sep<11>2014
21:57 Jan 25, 2016
Jkt 238001
and tube (‘‘copper pipe and tube’’) from
the People’s Republic of China (‘‘PRC’’)
and Mexico would likely lead to
continuation or recurrence of dumping,
at the levels indicated in the
‘‘Preliminary Results of Sunset
Reviews’’ section of this notice.
DATES: Effective Date: January 26, 2016.
FOR FURTHER INFORMATION CONTACT:
Robert Galantucci, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–2923.
SUPPLEMENTARY INFORMATION:
Background
On November 22, 2010, the
Department published the antidumping
duty orders on copper pipe and tube
from the PRC and Mexico, as amended.1
On October 1, 2015, the Department
published the notice of initiation of the
sunset reviews of the Orders pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the ‘‘Act’’).2 The Ad Hoc
Coalition for Domestically Produced
Seamless Refined Copper Pipe and Tube
and its individual members, Cerro Flow
Products, LLC, Wieland Copper
Products, LLC, Howell Metal Company,
Mueller Copper Tube Products, Inc.,
and Mueller Copper Tube Company,
Inc. (collectively, ‘‘domestic interested
parties’’), submitted adequate and
timely notices of intent to participate in
these sunset reviews within the 15-day
deadline specified in 19 CFR
351.218(d)(1)(i). On November 2, 2015,
domestic interested parties and
respondent interested party Golden
Dragon 3 submitted adequate substantive
responses to the notice of initiation
within the 30-day deadline specified in
19 CFR 351.218(d)(3). As a result,
1 See Seamless Refined Copper Pipe and Tube
From Mexico and the People’s Republic of China:
Antidumping Duty Orders and Amended Final
Determination of Sales at Less Than Fair Value
From Mexico, 75 FR 71070 (November 22, 2010)
(‘‘Orders’’).
2 See Seamless Refined Copper Pipe and Tube
From China and Mexico; Institution of Five-Year
Reviews, 80 FR 59186 (October 1, 2015) (‘‘Initiation
FR Notice’’).
3 In case number A–570–964 (the PRC), the
substantive response was 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.), Inc. In
case number A–201–838 (Mexico), the substantive
response was filed on behalf of GD Affiliates S. de
R.L. de C.V., GD Copper S. de R.L. de C.V., 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.), Inc. The
Department refers to all of these companies
collectively as ‘‘Golden Dragon’’.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
pursuant to section 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(ii), the
Department is conducting full sunset
reviews of the Orders.
Scope of the Orders
For the purpose of these Orders, the
products covered are all seamless
circular refined copper pipes and tubes.
The products subject to the Orders are
currently classifiable under subheadings
7411.10.1030 and 7411.10.1090 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). Products
subject to the Orders may also enter
under HTSUS subheadings
7407.10.1500, 7419.99.5050,
8415.90.8065 and 8415.90.8085.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of the Orders is dispositive.
For a full description of the scope of
the Orders, see the ‘‘Preliminary
Decision Memorandum for the Full
Sunset Reviews of the Antidumping
Duty Orders on Seamless Refined
Copper Pipe and Tube from the People’s
Republic of China and Mexico,’’ dated
concurrently with this notice
(‘‘Preliminary Decision Memorandum’’).
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
at https://enforcement.trade.gov/frn/.
Both the signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Analysis of Comments Received
All issues raised in these sunset
reviews are addressed in the
Preliminary Decision Memorandum.
The issues discussed in the Preliminary
Decision Memorandum include the
likelihood of continuation or recurrence
of dumping and the magnitude of the
margins likely to prevail if the Orders
were to be revoked.
Preliminary Results of Sunset Reviews
Pursuant to section 752(c)(3) of the
Act, the Department determines that
revocation of the Orders would likely
lead to continuation or recurrence of
dumping at weighted-average dumping
margins up to 60.85 percent for the PRC
and up to 27.16 percent for Mexico.
We are issuing and publishing these
results and notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of
the Act and 19 CFR 351.218.
E:\FR\FM\26JAN1.SGM
26JAN1
Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Notices
Dated: January 19, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. History of the Orders
IV. Scope of the Orders
V. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margins Likely to
Prevail
VI. Preliminary Results of Sunset Reviews
VII. Recommendation
[FR Doc. 2016–01498 Filed 1–25–16; 8:45 am]
BILLING CODE 3510–DS–P
International Trade Administration
[A–570–601]
Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished,
From the People’s Republic of China:
Notice of Court Decision Not in
Harmony With Final Results of
Antidumping Duty Administrative
Review and Notice of Amended Final
Results of Antidumping Duty
Administrative Review; 2007–2008
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 21, 2015, the
United States Court of International
Trade (‘‘CIT’’ or ‘‘Court’’) issued its final
judgment 1 sustaining the Department of
Commerce’s (the ‘‘Department’’) final
results of redetermination 2 issued
pursuant to the CIT’s remand order in
Peer Bearing Company—Changshan v.
United States, 914 F. Supp. 2d 1343
(CIT 2013) (‘‘CPZ 07–08 II’’), with
respect to the Department’s final
results 3 of the 2007–2008
administrative review of the
antidumping duty order on certain
tapered roller bearings and parts thereof,
finished and unfinished (‘‘TRBs’’), from
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
1 See Peer Bearing Company (Changshan) v.
United States, Court No. 10–00013, Slip Op. 15–142
(CIT December 21, 2015) (‘‘CPZ 07–08 III’’), and
accompanying judgment order.
2 See Final Results of Redetermination Pursuant
to Court Remand, Peer Bearing Company—
Changshan. v. United States, Court No. 10–00013,
Slip Op. 13–72 (CIT 2013), dated April 30, 2014
(‘‘Second Remand Redetermination’’).
3 See Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, from the People’s
Republic of China: Final Results of the 2007–2008
Administrative Review of the Antidumping Duty
Order, 75 FR 844 (January 6, 2010) (‘‘Final Results’’)
and accompanying Issues and Decision
Memorandum (‘‘IDM’’).
21:57 Jan 25, 2016
Jkt 238001
Alex
Rosen, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–7814.
SUPPLEMENTARY INFORMATION: On
November 21, 2011, the CIT issued its
initial opinion on the underlying
proceeding and remanded the Final
Results, ordering that the Department:
(1) Redetermine the surrogate value
used to value bearing-quality steel bar
inputs; (2) redetermine the surrogate
value used to value bearing-quality steel
wire rod inputs; and (3) reconsider, and
modify as appropriate, its determination
of the country of origin of merchandise
finished and assembled into finished
TRBs by a CPZ affiliate in Thailand
from finished and unfinished TRB
component parts manufactured in the
PRC by CPZ.4 Specifically, with respect
to the latter issue of country of origin,
the Court held that the Department’s
findings that the ‘‘third-country
processor’s costs as compared to each
product’s COM {(Cost of Manufacture)}
are not significant,’’ is ‘‘not supported
by substantial evidence on the record,
which contains evidence that the
processing costs in Thailand accounted
for 42 percent of the total cost of
manufacturing.’’ 5 The Court held that
the Department ‘‘may not disregard
record evidence that detracts
significantly from, and appears to refute,
one of the findings on which the
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF COMMERCE
VerDate Sep<11>2014
the People’s Republic of China (‘‘PRC’’).
Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit (‘‘CAFC’’) in Timken Co.
v. United States, 893 F.2d 337 (Fed. Cir.
1990) (‘‘Timken’’), as clarified by
Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir.
2010) (‘‘Diamond Sawblades’’), the
Department is notifying the public that
the final judgment in this case is not in
harmony with the Department’s Final
Results and is amending the Final
Results with respect to the dumping
margin determined for the sole
mandatory respondent in the underlying
review, Peer Bearing Company—
Changshan (‘‘CPZ’’).
DATES: Effective Date: December 31,
2015.
4 See
Peer Bearing Company—Changshan v.
United States, 804 F. Supp. 2d 1337 (CIT 2011)
(‘‘CPZ 07–08 I’’). While the third county in which
the further processing took place was treated as
business proprietary information in the underlying
administrative review, along with the percentage
cost of manufacture (discussed below), CPZ made
this information public during the litigation.
5 See CPZ 07–08 I, 804 F. Supp. 2d at 1342.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
4253
Department relied.’’ 6 The Court
instructed the Department ‘‘to ensure
that its redetermination. . . is based on
findings supported by substantial
evidence on the record of this case.’’ 7
On April 10, 2012, pursuant to the
Court’s orders in CPZ 07–08 I, the
Department: (1) Reconsidered the Indian
data used to value bearing-quality steel
bar inputs in the Final Results and
instead valued CPZ’s steel bar inputs
using Thai import data, and (2) revised
the surrogate value used to value CPZ’s
steel wire rod inputs using data
corresponding to steel rod that is ‘‘of
circular cross-section.’’ 8 With respect to
the country of origin issue, the
Department reconsidered its
determination, applying its established
criteria for determining whether
merchandise is substantially
transformed in another country. The
Department expanded upon and further
supported the existing findings as to the
substantial transformation test
employed in the Final Results.9 The
Department reconsidered one finding
with respect to the significance of the
quantitative value added by Thai
processing (i.e., one of six aspects of the
underlying analysis in the First Remand
Redetermination), finding that this
prong of the analysis could support a
determination that the Thai processing
substantially transformed the
merchandise in question.10 However,
because further analysis of the
remaining substantial transformation
criteria continued to support the initial
finding from the Final Results, the
Department ultimately determined that
the totality of the circumstances
indicated that the processing that took
place in Thailand during the period of
review (‘‘POR’’) did not constitute
substantial transformation so as to
confer a new country of origin of the
merchandise in question for
antidumping purposes.11
On June 6, 2013, the CIT issued CPZ
07–08 II, in which it sustained the
Department’s redetermination of the
surrogate values for CPZ’s steel bar and
steel wire rod inputs,12 but again
remanded the Department’s country of
origin determination. Specifically, citing
6 Id.
7 Id.
8 See Final Results of Redetermination Pursuant
to Court Remand, Peer Bearing Company—
Changshan v. United States, Court No. 10–00013,
Slip Op. 11–143 (CIT 2011), dated April 10, 2012
(‘‘First Remand Redetermination’’), at 4–6 and 28.
9 See First Remand Redetermination, at 8–17.
10 Id.
11 Id.
12 See CPZ 07–08 II, 914 F. Supp. 2d at 1347.
E:\FR\FM\26JAN1.SGM
26JAN1
]]>Agencies
[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)]
[Notices]
[Pages 4252-4253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01498]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-964; A-201-838]
Seamless Refined Copper Pipe and Tube From the People's Republic
of China and Mexico: Preliminary Results of the Sunset Reviews of the
Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') preliminarily
finds that revocation of the antidumping duty orders on seamless
refined copper pipe and tube (``copper pipe and tube'') from the
People's Republic of China (``PRC'') and Mexico would likely lead to
continuation or recurrence of dumping, at the levels indicated in the
``Preliminary Results of Sunset Reviews'' section of this notice.
DATES: Effective Date: January 26, 2016.
FOR FURTHER INFORMATION CONTACT: Robert Galantucci, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2923.
SUPPLEMENTARY INFORMATION:
Background
On November 22, 2010, the Department published the antidumping duty
orders on copper pipe and tube from the PRC and Mexico, as amended.\1\
On October 1, 2015, the Department published the notice of initiation
of the sunset reviews of the Orders pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the ``Act'').\2\ The Ad Hoc Coalition
for Domestically Produced Seamless Refined Copper Pipe and Tube and its
individual members, Cerro Flow Products, LLC, Wieland Copper Products,
LLC, Howell Metal Company, Mueller Copper Tube Products, Inc., and
Mueller Copper Tube Company, Inc. (collectively, ``domestic interested
parties''), submitted adequate and timely notices of intent to
participate in these sunset reviews within the 15-day deadline
specified in 19 CFR 351.218(d)(1)(i). On November 2, 2015, domestic
interested parties and respondent interested party Golden Dragon \3\
submitted adequate substantive responses to the notice of initiation
within the 30-day deadline specified in 19 CFR 351.218(d)(3). As a
result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(ii), the Department is conducting full sunset reviews of the
Orders.
---------------------------------------------------------------------------
\1\ See Seamless Refined Copper Pipe and Tube From Mexico and
the People's Republic of China: Antidumping Duty Orders and Amended
Final Determination of Sales at Less Than Fair Value From Mexico, 75
FR 71070 (November 22, 2010) (``Orders'').
\2\ See Seamless Refined Copper Pipe and Tube From China and
Mexico; Institution of Five-Year Reviews, 80 FR 59186 (October 1,
2015) (``Initiation FR Notice'').
\3\ In case number A-570-964 (the PRC), the substantive response
was 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.), Inc. In case number A-201-838 (Mexico), the substantive
response was filed on behalf of GD Affiliates S. de R.L. de C.V., GD
Copper S. de R.L. de C.V., 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.), Inc. The Department refers to all of these companies
collectively as ``Golden Dragon''.
---------------------------------------------------------------------------
Scope of the Orders
For the purpose of these Orders, the products covered are all
seamless circular refined copper pipes and tubes. The products subject
to the Orders are currently classifiable under subheadings 7411.10.1030
and 7411.10.1090 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). Products subject to the Orders may also enter under HTSUS
subheadings 7407.10.1500, 7419.99.5050, 8415.90.8065 and 8415.90.8085.
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of the Orders is
dispositive.
For a full description of the scope of the Orders, see the
``Preliminary Decision Memorandum for the Full Sunset Reviews of the
Antidumping Duty Orders on Seamless Refined Copper Pipe and Tube from
the People's Republic of China and Mexico,'' dated concurrently with
this notice (``Preliminary Decision Memorandum''). The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed at
https://enforcement.trade.gov/frn/. Both the signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
Analysis of Comments Received
All issues raised in these sunset reviews are addressed in the
Preliminary Decision Memorandum. The issues discussed in the
Preliminary Decision Memorandum include the likelihood of continuation
or recurrence of dumping and the magnitude of the margins likely to
prevail if the Orders were to be revoked.
Preliminary Results of Sunset Reviews
Pursuant to section 752(c)(3) of the Act, the Department determines
that revocation of the Orders would likely lead to continuation or
recurrence of dumping at weighted-average dumping margins up to 60.85
percent for the PRC and up to 27.16 percent for Mexico.
We are issuing and publishing these results and notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and
19 CFR 351.218.
[[Page 4253]]
Dated: January 19, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. History of the Orders
IV. Scope of the Orders
V. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margins Likely to Prevail
VI. Preliminary Results of Sunset Reviews
VII. Recommendation
[FR Doc. 2016-01498 Filed 1-25-16; 8:45 am]
BILLING CODE 3510-DS-P
