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]
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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).
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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 https://
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.
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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.
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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.
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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
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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.
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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:
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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.
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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.
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]]>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
https://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic version of the Preliminary Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\6\ See Initiation Notice, 81 FR at 19553.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\9\ See Petitioner's letter ``Phosphor Copper from the Republic
of Korea: Petitioner's Critical Circumstances Allegation,'' dated
July 27, 2016.
---------------------------------------------------------------------------
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.
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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
