Phosphor Copper From the Republic of Korea: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Negative Preliminary Determination of Critical Circumstances, 71049-71051 [2016-24818]

Download as PDF Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices Dated: October 11, 2016. Li Zhou, Executive Secretary, United States Investment Advisory Council. [FR Doc. 2016–24903 Filed 10–13–16; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–885] Phosphor Copper From the Republic of Korea: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Negative Preliminary Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that phosphor copper from the Republic of Korea (Korea) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The Department also preliminarily determines that critical circumstances do not exist with regard to imports of phosphor copper from Korea. The period of investigation (POI) is January 1, 2015, through December 31, 2015. Interested parties are invited to comment on this preliminary determination. DATES: Effective October 14, 2016. FOR FURTHER INFORMATION CONTACT: Cindy Robinson AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3797. SUPPLEMENTARY INFORMATION: AGENCY: rmajette on DSK2TPTVN1PROD with NOTICES Background In response to petitions filed on March 9, 2016,1 the Department published the notice of initiation of this LTFV investigation concerning imports of phosphor cooper from Korea on April 5, 2016.2 On July 27, 2016, the Department received timely allegations, pursuant to sections 703(e)(l) and 733(e)(l) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.206, that critical circumstances exist with 1 See the Petition for the Imposition of Antidumping Duties on Imports of Phosphor Copper from the Republic of Korea, dated March 9, 2016 (the Petition). 2 See Phosphor Copper from the Republic of Korea: Initiation of Less-Than-Fair-Value Investigation, 81 FR 19552 (April 5, 2016) (Initiation Notice). VerDate Sep<11>2014 14:29 Oct 13, 2016 Jkt 241001 respect to imports of phosphor copper from Korea.3 For a complete description of the events that followed the initiation of this investigation, see the memorandum that is dated concurrently with this determination and hereby adopted by this notice.4 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http:// enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is phosphor copper from Korea. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in Appendix I. Scope Comments In accordance with the preamble to the Department’s regulations,5 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).6 No interested party submitted comments on the scope of this investigation. Postponement of Deadline for Preliminary Determination On August 5, 2016, the Department published the notice of postponement for the preliminary determination in this investigation in accordance with section 733(c)(1)(B) of the Act and 19 3 See Petitioner’s letter ‘‘Phosphor Copper from the Republic of Korea: Petitioner’s Critical Circumstances Allegation,’’ (Critical Circumstances Allegation) dated July 27, 2016. 4 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ‘‘Decision Memorandum for the Preliminary Determination in the Antidumping Duty Investigation of Phosphor Copper from the Republic of Korea’’ (Preliminary Decision Memorandum), dated concurrently with this notice. 5 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). 6 See Initiation Notice, 81 FR at 19553. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 71049 CFR 351.205(f)(1).7 As a result of the 50day postponement, the revised deadline for the preliminary determination of this investigation is October 5, 2016.8 Methodology The Department is conducting this investigation in accordance with section 731 of the Act. Export prices have been calculated in accordance with section 772 of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. Preliminary Negative Determination of Critical Circumstances On July 27, 2016, Metallurgical Products Company (Petitioner) filed a timely critical circumstance allegation pursuant to section 733(e) of the Act and 19 CFR 351.206(c)(l), alleging that critical circumstances exist with respect to imports of phosphor copper from Korea.9 In accordance with 19 CFR 351.206(c)(2)(i), when a critical circumstances allegation is submitted more than 20 days before the scheduled date of the preliminary determination, the Department must issue a preliminary finding whether there is a reasonable basis to believe or suspect that critical circumstances exist no later than the date of the preliminary determination. Section 733(e)(1) of the Act provides that the Department will preliminarily determine that critical circumstances exist in a LTFV investigation if there is a reasonable basis to believe or suspect that: (A) There is a history of dumping and material injury by reason of dumped imports in the United States or elsewhere of the subject merchandise, or the person by whom, or for whose account, the merchandise was imported knew or should have known that the exporter was selling the subject merchandise at less than its fair value and that there was likely to be material injury by reason of such sales; and (B) there have been massive imports of the subject merchandise over a relatively short period. We have conducted an analysis of critical circumstances in accordance with section 733(e) of the Act and 19 CFR 351.206, and preliminarily determine that critical circumstances do not exist with regard 7 See Phosphor Copper from the Republic of Korea: Postponement of Preliminary Determination of Antidumping Duty Investigation, 81 FR 51858 (August 5, 2016). 8 Id. 9 See Petitioner’s letter ‘‘Phosphor Copper from the Republic of Korea: Petitioner’s Critical Circumstances Allegation,’’ dated July 27, 2016. E:\FR\FM\14OCN1.SGM 14OCN1 71050 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices Disclosure and Public Comment We will disclose the calculations performed to interested parties in this proceeding within five days after public announcement of the preliminary All-Others Rate determination in accordance with 19 CFR 351.224(b). Consistent with sections Interested parties are invited to 733(d)(1)(A)(ii) and 735(c)(5) of the Act, the Department calculated an estimated comment on this preliminary determination. Case briefs or other all-others rate. Section 735(c)(5)(A) of written comments may be submitted to the Act provides that the estimated allthe Assistant Secretary for Enforcement others rate shall be an amount equal to and Compliance no later than seven the weighted average of the estimated days after the date on which the final weighted-average dumping margins verification report is issued in this established for exporters and producers individually investigated, excluding any investigation, and rebuttal briefs, limited to issues raised in case briefs, zero and de minimis margins, and any may be submitted no later than five days margins determined entirely under after the deadline date for case briefs.10 section 776 of the Act. Pursuant to 19 CFR 351.309(c)(2) and Bongsan Co., Ltd. (Bongsan) is the (d)(2), parties who submit case briefs or only respondent for which the rebuttal briefs in this proceeding are Department has calculated a companyencouraged to submit with each specific rate. Therefore, for purposes of argument: (1) A statement of the issue; determining the ‘‘all others’’ rate and (2) a brief summary of the argument; and (3) a table of authorities. Pursuant pursuant to section 735(c)(5)(A) of the to 19 CFR 351.310(c), interested parties Act, we are using the dumping margin calculated for Bongsan, as referenced in who wish to request a hearing must submit a written request to the Assistant the ‘‘Preliminary Determination’’ Secretary for Enforcement and section below. Compliance, U.S. Department of Preliminary Determination Commerce. Requests should contain the party’s name, address, and telephone The Department preliminarily number, the number of participants, and determines that the following weighteda list of the issues to be discussed. If a average dumping margins exist: request for a hearing is made, the Department intends to hold the hearing Weighted-average at the U.S. Department of Commerce, Producer and/or exporter dumping margin 14th Street and Constitution Avenue (percent) NW., Washington, DC 20230, at a time Bongsan Co., Ltd. ........... 3.79 and date to be determined. Parties All-Others ........................ 3.79 should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Suspension of Liquidation All documents must be filed Because the Department has made an electronically using ACCESS. An affirmative preliminary determination of electronically-filed request must be sales at less than fair value, in received successfully in its entirety by accordance with section 733(d)(2) of the ACCESS by 5:00 p.m. Eastern Time, Act, we are directing U.S. Customs and within 30 days after the date of Border Protection (CBP) to suspend publication of this notice.11 liquidation of all entries of phosphor Verification copper from Korea, as described in the As provided in section 782(i) of the ‘‘Scope of the Investigation’’ section, entered, or withdrawn from warehouse, Act, we intend to verify information relied upon in making our final for consumption on or after the date of publication of this notice in the Federal determination. Register. International Trade Commission (ITC) Notification Pursuant to section 733 (d)(1)(B) of the Act and 19 CFR 351.205(d), the In accordance with section 733(f) of Department will instruct CBP to require the Act, we are notifying the ITC of our a cash deposit equal to the weightedaffirmative preliminary determination of average amount by which the NV sales at LTFV. If our final determination exceeds U.S. price as indicated in the is affirmative, the ITC will determine chart above. The suspension of before the later of 120 days after the date liquidation instructions and cash 10 See 19 CFR 351.309. deposit requirements will remain in 11 See 19 CFR 351.310(c). effect until further notice. rmajette on DSK2TPTVN1PROD with NOTICES to imports of phosphor copper from Korea. For a full description of this issue, see the Preliminary Decision Memorandum. VerDate Sep<11>2014 14:29 Oct 13, 2016 Jkt 241001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 of this preliminary determination or 45 days after our final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: October 5, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is master alloys 12 of copper containing between five percent and 17 percent phosphorus by nominal weight, regardless of form (including but not limited to shot, pellet, waffle, ingot, or nugget), and regardless of size or weight. Subject merchandise consists predominantly of copper (by weight), and may contain other elements, including but not limited to iron (Fe), lead (Pb), or tin (Sn), in small amounts (up to one percent by nominal weight). Phosphor copper is frequently produced to JIS H2501 and ASTM B–644, Alloy 3A standards or higher; however, merchandise covered by this investigation includes all phosphor copper, regardless of whether the merchandise meets, fails to meet, or exceeds these standards. Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 7405.00.1000. This HTSUS subheading is provided for convenience and customs purposes; the written description of the scope of this investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum: I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Scope Comments VI. Respondent Selection VII. Preliminary Determination of Critical Circumstances VIII. Discussion of the Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis IX. Date of Sale X. Product Comparisons XI. Export Price and Constructed Export Price XII. Normal Value A. Comparison Market Viability B. Level of Trade C. Cost of Production 12 A ‘‘master alloy’’ is a base metal, such as copper, to which a relatively high percentage of one or two other elements is added. E:\FR\FM\14OCN1.SGM 14OCN1 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test D. Calculation of NV Based on Comparison Market Prices XIII. Currency Conversion XIV. Verification XV. Conclusion Period of Investigation The period of investigation is July 1, 2015, through December 31, 2015. Scope of the Investigation DEPARTMENT OF COMMERCE The products covered by this investigation are truck and bus tires. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation’’ in the Appendix of this notice. International Trade Administration Analysis of Significant Ministerial Error Allegation [FR Doc. 2016–24818 Filed 10–13–16; 8:45 am] BILLING CODE 3510–DS–P [A–570–040] Truck and Bus Tires From the People’s Republic of China: Amended Preliminary Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 6, 2016, the Department of Commerce (the Department) published the preliminary determination of sales at less than fair value (LTFV) in the LTFV investigation of truck and bus tires from the People’s Republic of China (the PRC). We are amending our preliminary determination to correct two ministerial errors which are significant in combination. DATES: Effective October 14, 2016. FOR FURTHER INFORMATION CONTACT: Yang Jin Chun or Andre Gziryan, AD/ CVD Operations Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5760 and (202) 482–2201, respectively. SUPPLEMENTARY INFORMATION: AGENCY: rmajette on DSK2TPTVN1PROD with NOTICES Background On September 6, 2016, the Department published the preliminary determination that truck and bus tires from the PRC are being sold in the United States at LTFV, as provided in section 733 of the Tariff Act of 1930, as amended (the Act).1 On September 6, 2016, the Department received timely filed allegations of ministerial errors in the Preliminary Determination.2 1 See Truck and Bus Tires From the People’s Republic of China: Preliminary Affirmative Determinations of Sales at Less Than Fair Value and Critical Circumstances, and Postponement of Final Determination, 81 FR 61186 (September 6, 2016) (Preliminary Determination). 2 See the ministerial error allegations from the petitioner and Prinx Chengshan (Shandong) Tire Co., Ltd. (PCT) dated September 6, 2016. The petitioner in this investigation is United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, VerDate Sep<11>2014 14:29 Oct 13, 2016 Jkt 241001 The Department will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination according to 19 CFR 351.224(e). A ministerial error is defined as ‘‘an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.’’ 3 A significant ministerial error is defined as a ministerial error, the correction of which, singly or in combination with other errors, would result in: (1) A change of at least five absolute percentage points in, but not less than 25 percent of, the weighted-average dumping margin calculated in the original (erroneous) preliminary determination; or (2) a difference between a weighted-average dumping margin of zero or de minimis and a weighted-average dumping margin of greater than de minimis or vice versa.4 Pursuant to 19 CFR 351.224(e) and (g)(1), the Department is amending the Preliminary Determination to reflect the correction of two ministerial errors it made in the calculation of the estimated weighted-average dumping margin for PCT, a mandatory respondent.5 The combination of these two errors constitutes a significant ministerial error within the meaning of 19 CFR 351.224(g) because PCT’s margin increased from 20.87 percent to 30.36 percent as a result of correcting these two ministerial errors, exceeding the significant threshold with a change of at least five absolute percentage points and Allied Industrial and Service Workers International Union, AFL–CIO, CLC. 3 See section 735(e) of the Act. 4 See 19 CFR 351.224(g). 5 See Memorandum from Senior Director James Maeder to Deputy Assistant Secretary Christian Marsh entitled, ‘‘Less-Than-Fair-Value Investigation of Truck and Bus Tires from the People’s Republic of China: Allegations of Ministerial Errors in the Preliminary Determination,’’ dated concurrently with and hereby adopted by this notice. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 71051 more than 25 percent of the estimated weighted-average dumping margin. Because PCT is the only mandatory respondent eligible for a separate rate, PCT is the only respondent for which we individually calculated an estimated weighted-average dumping margin. For this reason, we assigned PCT’s calculated rate to all non-examined separate rate respondents. With this amended preliminary determination, the estimated weighted-average dumping margin for each non-examined separate rate respondent is also amended to 30.36 percent. In the Preliminary Determination, because the rate individually calculated for PCT was lower than the highest dumping margin alleged in the petition, we used the highest petition rate of 22.57 percent as the adverse facts available (AFA) applied to the PRCwide entity. Because PCT’s amended preliminary estimated weighted-average dumping margin is now higher than the highest dumping margin alleged in the petition, the AFA rate applied to the PRC-wide entity will also be 30.36 percent.6 Because we are relying on information obtained in the course of this investigation on which to base this rate, not on secondary information, it is not necessary to corroborate this calculated rate as AFA.7 Amended Cash Deposits and Suspension of Liquidation The collection of cash deposits and suspension of liquidation will be revised accordingly, in accordance with section 733(d) and (f) of the Act and 19 CFR 351.224. The amended cash deposit rate will be 29.95 percent after the deduction of the export subsidy rate of 0.41 percent from 30.36 percent.8 Because it is an increase from the Preliminary Determination, the amended cash deposit rate will be effective on the date of publication of this notice in the Federal Register. Amended Preliminary Determination The Department preliminarily determines that the following estimated 6 See Preliminary Determination and accompanying Preliminary Decision Memorandum at 20 (‘‘In an investigation, the Department’s practice with respect to the assignment of an AFA rate is to select the higher of (1) the highest dumping margin alleged in the petition or (2) the highest calculated dumping margin of any respondent in the investigation.’’) (citation omitted). 7 See 1,1,1,2-Tetrafluroethane From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 79 FR 62597 (October 20, 2014), and accompanying Issues and Decision Memorandum at 3. See also section 776(c) of the Act and 19 CFR 351.308(c) and (d). 8 See Preliminary Determination, 81 FR at 61191. E:\FR\FM\14OCN1.SGM 14OCN1

Agencies

[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71049-71051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24818]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-885]


Phosphor Copper From the Republic of Korea: Affirmative 
Preliminary Determination of Sales at Less Than Fair Value, Negative 
Preliminary Determination of Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that phosphor copper from the Republic of Korea (Korea) is 
being, or is likely to be, sold in the United States at less than fair 
value (LTFV). The Department also preliminarily determines that 
critical circumstances do not exist with regard to imports of phosphor 
copper from Korea. The period of investigation (POI) is January 1, 
2015, through December 31, 2015. Interested parties are invited to 
comment on this preliminary determination.

DATES: Effective October 14, 2016.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson AD/CVD Operations, 
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-
3797.

SUPPLEMENTARY INFORMATION: 

Background

    In response to petitions filed on March 9, 2016,\1\ the Department 
published the notice of initiation of this LTFV investigation 
concerning imports of phosphor cooper from Korea on April 5, 2016.\2\ 
On July 27, 2016, the Department received timely allegations, pursuant 
to sections 703(e)(l) and 733(e)(l) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.206, that critical circumstances 
exist with respect to imports of phosphor copper from Korea.\3\ For a 
complete description of the events that followed the initiation of this 
investigation, see the memorandum that is dated concurrently with this 
determination and hereby adopted by this notice.\4\ A list of topics 
included in the Preliminary Decision Memorandum is included as Appendix 
II to this notice. The Preliminary Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be found at 
http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.
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    \1\ See the Petition for the Imposition of Antidumping Duties on 
Imports of Phosphor Copper from the Republic of Korea, dated March 
9, 2016 (the Petition).
    \2\ See Phosphor Copper from the Republic of Korea: Initiation 
of Less-Than-Fair-Value Investigation, 81 FR 19552 (April 5, 2016) 
(Initiation Notice).
    \3\ See Petitioner's letter ``Phosphor Copper from the Republic 
of Korea: Petitioner's Critical Circumstances Allegation,'' 
(Critical Circumstances Allegation) dated July 27, 2016.
    \4\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for the Preliminary Determination 
in the Antidumping Duty Investigation of Phosphor Copper from the 
Republic of Korea'' (Preliminary Decision Memorandum), dated 
concurrently with this notice.
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Scope of the Investigation

    The product covered by this investigation is phosphor copper from 
Korea. For a full description of the scope of this investigation, see 
the ``Scope of the Investigation,'' in Appendix I.

Scope Comments

    In accordance with the preamble to the Department's regulations,\5\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\6\ No interested party 
submitted comments on the scope of this investigation.
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    \5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
    \6\ See Initiation Notice, 81 FR at 19553.
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Postponement of Deadline for Preliminary Determination

    On August 5, 2016, the Department published the notice of 
postponement for the preliminary determination in this investigation in 
accordance with section 733(c)(1)(B) of the Act and 19 CFR 
351.205(f)(1).\7\ As a result of the 50-day postponement, the revised 
deadline for the preliminary determination of this investigation is 
October 5, 2016.\8\
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    \7\ See Phosphor Copper from the Republic of Korea: Postponement 
of Preliminary Determination of Antidumping Duty Investigation, 81 
FR 51858 (August 5, 2016).
    \8\ Id.
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Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. Export prices have been calculated in 
accordance with section 772 of the Act. Normal value (NV) is calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying our preliminary conclusions, see the 
Preliminary Decision Memorandum.

Preliminary Negative Determination of Critical Circumstances

    On July 27, 2016, Metallurgical Products Company (Petitioner) filed 
a timely critical circumstance allegation pursuant to section 733(e) of 
the Act and 19 CFR 351.206(c)(l), alleging that critical circumstances 
exist with respect to imports of phosphor copper from Korea.\9\ In 
accordance with 19 CFR 351.206(c)(2)(i), when a critical circumstances 
allegation is submitted more than 20 days before the scheduled date of 
the preliminary determination, the Department must issue a preliminary 
finding whether there is a reasonable basis to believe or suspect that 
critical circumstances exist no later than the date of the preliminary 
determination. Section 733(e)(1) of the Act provides that the 
Department will preliminarily determine that critical circumstances 
exist in a LTFV investigation if there is a reasonable basis to believe 
or suspect that: (A) There is a history of dumping and material injury 
by reason of dumped imports in the United States or elsewhere of the 
subject merchandise, or the person by whom, or for whose account, the 
merchandise was imported knew or should have known that the exporter 
was selling the subject merchandise at less than its fair value and 
that there was likely to be material injury by reason of such sales; 
and (B) there have been massive imports of the subject merchandise over 
a relatively short period. We have conducted an analysis of critical 
circumstances in accordance with section 733(e) of the Act and 19 CFR 
351.206, and preliminarily determine that critical circumstances do not 
exist with regard

[[Page 71050]]

to imports of phosphor copper from Korea. For a full description of 
this issue, see the Preliminary Decision Memorandum.
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    \9\ See Petitioner's letter ``Phosphor Copper from the Republic 
of Korea: Petitioner's Critical Circumstances Allegation,'' dated 
July 27, 2016.
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All-Others Rate

    Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act, 
the Department calculated an estimated all-others rate. Section 
735(c)(5)(A) of the Act provides that the estimated all-others rate 
shall be an amount equal to the weighted average of the estimated 
weighted-average dumping margins established for exporters and 
producers individually investigated, excluding any zero and de minimis 
margins, and any margins determined entirely under section 776 of the 
Act.
    Bongsan Co., Ltd. (Bongsan) is the only respondent for which the 
Department has calculated a company-specific rate. Therefore, for 
purposes of determining the ``all others'' rate and pursuant to section 
735(c)(5)(A) of the Act, we are using the dumping margin calculated for 
Bongsan, as referenced in the ``Preliminary Determination'' section 
below.

Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                        Weighted-average
               Producer and/or exporter                  dumping margin
                                                           (percent)
------------------------------------------------------------------------
Bongsan Co., Ltd.....................................               3.79
All-Others...........................................               3.79
------------------------------------------------------------------------

Suspension of Liquidation

    Because the Department has made an affirmative preliminary 
determination of sales at less than fair value, in accordance with 
section 733(d)(2) of the Act, we are directing U.S. Customs and Border 
Protection (CBP) to suspend liquidation of all entries of phosphor 
copper from Korea, as described in the ``Scope of the Investigation'' 
section, entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of this notice in the Federal Register.
    Pursuant to section 733 (d)(1)(B) of the Act and 19 CFR 351.205(d), 
the Department will instruct CBP to require a cash deposit equal to the 
weighted-average amount by which the NV exceeds U.S. price as indicated 
in the chart above. The suspension of liquidation instructions and cash 
deposit requirements will remain in effect until further notice.

Disclosure and Public Comment

    We will disclose the calculations performed to interested parties 
in this proceeding within five days after public announcement of the 
preliminary determination in accordance with 19 CFR 351.224(b).
    Interested parties are invited to comment on this preliminary 
determination. Case briefs or other written comments may be submitted 
to the Assistant Secretary for Enforcement and Compliance no later than 
seven days after the date on which the final verification report is 
issued in this investigation, and rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than five days after 
the deadline date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities. Pursuant to 19 CFR 351.310(c), 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. 
Requests should contain the party's name, address, and telephone 
number, the number of participants, and a list of the issues to be 
discussed. 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 time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \10\ See 19 CFR 351.309.
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    All documents must be filed electronically using ACCESS. An 
electronically-filed request must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the 
date of publication of this notice.\11\
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    \11\ See 19 CFR 351.310(c).
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Verification

    As provided in section 782(i) of the Act, we intend to verify 
information relied upon in making our final determination.

International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we are notifying the 
ITC of our affirmative preliminary determination of sales at LTFV. If 
our final determination is affirmative, the ITC will determine before 
the later of 120 days after the date of this preliminary determination 
or 45 days after our final determination whether these imports are 
materially injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

     Dated: October 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is master alloys 
\12\ of copper containing between five percent and 17 percent 
phosphorus by nominal weight, regardless of form (including but not 
limited to shot, pellet, waffle, ingot, or nugget), and regardless 
of size or weight. Subject merchandise consists predominantly of 
copper (by weight), and may contain other elements, including but 
not limited to iron (Fe), lead (Pb), or tin (Sn), in small amounts 
(up to one percent by nominal weight). Phosphor copper is frequently 
produced to JIS H2501 and ASTM B-644, Alloy 3A standards or higher; 
however, merchandise covered by this investigation includes all 
phosphor copper, regardless of whether the merchandise meets, fails 
to meet, or exceeds these standards.
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    \12\ A ``master alloy'' is a base metal, such as copper, to 
which a relatively high percentage of one or two other elements is 
added.
---------------------------------------------------------------------------

    Merchandise covered by this investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheading 7405.00.1000. This HTSUS subheading is 
provided for convenience and customs purposes; the written 
description of the scope of this investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum:

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Respondent Selection
VII. Preliminary Determination of Critical Circumstances
VIII. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
IX. Date of Sale
X. Product Comparisons
XI. Export Price and Constructed Export Price
XII. Normal Value
    A. Comparison Market Viability
    B. Level of Trade
    C. Cost of Production

[[Page 71051]]

    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    D. Calculation of NV Based on Comparison Market Prices
XIII. Currency Conversion
XIV. Verification
XV. Conclusion
[FR Doc. 2016-24818 Filed 10-13-16; 8:45 am]
 BILLING CODE 3510-DS-P