Seamless Refined Copper Pipe and Tube from the People's Republic of China and Mexico: Continuation of Antidumping Duty Orders, 93664-93665 [2016-30653]
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Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices
specifically related to the delivery of
services, which is consistent with
federal accounting standards.
Conclusion
Based on the information provided
above, the US&FCS believes its
proposed fees are consistent with both
the mission of US&FCS to promote
‘‘exports of goods and services from the
United States, particularly by small
businesses and medium-sized
businesses,’’ and the objective of OMB
Circular A–25 to ‘‘promote efficient
allocation of the nation’s resources by
establishing charges for special benefits
provided to the recipient that are at least
as great as the cost to the U.S.
Government of providing the special
benefits.’’
Frank Spector,
Senior Advisor, Office of Trade Promotion
Programs.
[FR Doc. 2016–30423 Filed 12–20–16; 8:45 am]
BILLING CODE 3510–FP–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: Continuation of
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (the ‘‘Department’’) and the
International Trade Commission (the
‘‘ITC’’) that revocation of the
antidumping duty (‘‘AD’’) 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 a
continuation or recurrence of dumping
and material injury to an industry in the
United States, the Department is
publishing this notice of continuation of
the AD orders.
DATES: Effective December 21, 2016.
FOR FURTHER INFORMATION CONTACT:
Robert Galantucci, 202–482–2923, AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY:
Background
On November 22, 2010, the
Department published the AD orders on
VerDate Sep<11>2014
18:38 Dec 20, 2016
Jkt 241001
copper pipe and tube from the PRC and
Mexico.1 On October 1, 2015, the
Department initiated 2 and the ITC
instituted 3 five-year (sunset) reviews of
the Orders, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
‘‘Act’’). As a result of its reviews, the
Department determined that revocation
of the Orders would likely lead to
continuation or recurrence of dumping.4
The Department, therefore, notified the
ITC of the magnitude of the dumping
margins likely to prevail should the
Orders be revoked.5 On December 8,
2016, the ITC published its
determination that revocation of the
Orders would likely lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time, pursuant to section 751(c) of the
Act.6
Scope of the Orders
For the purpose of the Orders, the
products covered are all seamless
circular refined copper pipes and tubes,
including redraw hollows, greater than
or equal to six inches (152.4 mm) in
length and measuring less than 12.130
inches (308.102 mm) (actual) in outside
diameter (‘‘OD’’), regardless of wall
thickness, bore (e.g., smooth, enhanced
with inner grooves or ridges),
manufacturing process (e.g., hot
finished, cold-drawn, annealed), outer
surface (e.g., plain or enhanced with
grooves, ridges, fins, or gills), end finish
(e.g., plain end, swaged end, flared end,
expanded end, crimped end, threaded),
coating (e.g., plastic, paint), insulation,
attachments (e.g., plain, capped,
plugged, with compression or other
fitting), or physical configuration (e.g.,
straight, coiled, bent, wound on spools).
The scope of the Orders covers, but is
not limited to, seamless refined copper
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 Initiation of Five-Year (‘‘Sunset’’) Review, 80
FR 59133 (October 1, 2015).
3 See Seamless Refined Copper Pipe and Tube
from China and Mexico; Institution of Five-Year
Reviews, 80 FR 59186 (October 1, 2015).
4 See 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, 81 FR 4252 (January 26,
2016) and accompanying Preliminary Decision
Memorandum; Seamless Refined Copper Pipe and
Tube from the People’s Republic of China and
Mexico: Final Results of the Full Sunset Reviews of
the Antidumping Duty Orders, 81 FR 38134 (June
13, 2016).
5 Id.
6 See Seamless Refined Copper Pipe and Tube
From China and Mexico; Determination, 81 FR
88704 (December 8, 2016).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
pipe and tube produced or comparable
to the American Society for Testing and
Materials (‘‘ASTM’’) ASTM–B42,
ASTM–B68, ASTM–B75, ASTM–B88,
ASTM–B88M, ASTM–B188, ASTM–
B251, ASTM–B251M, ASTM–B280,
ASTM–B302, ASTM–B306, ASTM–359,
ASTM–B743, ASTM–B819, and ASTM–
B903 specifications and meeting the
physical parameters described therein.
Also included within the scope of the
Orders are all sets of covered products,
including ‘‘line sets’’ of seamless refined
copper tubes (with or without fittings or
insulation) suitable for connecting an
outdoor air conditioner or heat pump to
an indoor evaporator unit. The phrase
‘‘all sets of covered products’’ denotes
any combination of items put up for sale
that is comprised of merchandise
subject to the scope.
‘‘Refined copper’’ is defined as: (1)
Metal containing at least 99.85 percent
by weight of copper; or (2) metal
containing at least 97.5 percent by
weight of copper, provided that the
content by weight of any other element
does not exceed the following limits:
Element
Ag—Silver .............................
As—Arsenic ..........................
Cd—Cadmium ......................
Cr—Chromium ......................
Mg—Magnesium ...................
Pb—Lead ..............................
S—Sulfur ..............................
Sn—Tin .................................
Te—Tellurium .......................
Zn—Zinc ...............................
Zr—Zirconium .......................
Other elements (each) ..........
Limiting
Content
Percent by
Weight
0.25
0.5
1.3
1.4
0.8
1.5
0.7
0.8
0.8
1.0
0.3
0.3
Excluded from the scope of the Orders
are all seamless circular hollows of
refined copper less than 12 inches in
length whose OD (actual) exceeds its
length. 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.
Continuation of the Orders
As a result of the determinations by
the Department and the ITC that
revocation of the Orders would likely
lead to continuation or recurrence of
E:\FR\FM\21DEN1.SGM
21DEN1
Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices
dumping and material injury to an
industry in the United States, pursuant
to section 751(d)(2) of the Act and 19
CFR 351.218(a), the Department hereby
orders the continuation of the AD orders
on copper pipe and tube from the PRC
and Mexico. United States Customs and
Border Protection will continue to
collect AD cash deposits at the rates in
effect at the time of entry for all imports
of subject merchandise.
The effective date of the continuation
of the Orders will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act, the
Department intends to initiate the next
five-year reviews of the Orders not later
than 30 days prior to the fifth
anniversary of the effective date of
continuation.
These five-year sunset reviews and
this notice are in accordance with
section 751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: December 14, 2016.
Paul Piquado,
Assistant Secretary, for Enforcement and
Compliance.
[FR Doc. 2016–30653 Filed 12–20–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–898]
Chlorinated Isocyanurates From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
the Final Results and Amended Final
Results of the Antidumping Duty
Administrative Review; 2010–2011
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 23, 2016, the
United States Court of International
Trade (the Court) sustained the final
second remand redetermination
pertaining to the administrative review
of the antidumping duty order on
Chlorinated Isocyanurates from the
People’s Republic of China (PRC) for the
period of review of June 1, 2010,
through May 31, 2011.1 Consistent with
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY:
1 See Clearon Corp., and Occidental Chemical
Corp., et al. v. United States, Consol. Ct. No. 13–
00073, Slip Op. 16–110 (CIT 2016); see also
Memorandum, ‘‘Antidumping Duty Administrative
Review of Chlorinated Isocyanurates from the
People’s Republic of China: Final Results of Second
Redetermination Pursuant to Remand,’’ March 22,
2016 (Final Second Redetermination), and available
here: https://enforcement.trade.gov/remands/15–
91.pdf.
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18:38 Dec 20, 2016
Jkt 241001
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 of
Commerce (the Department) is notifying
the public that the final judgment in this
case is not in harmony with the 2010–
2011 AR Final Results,2 and that the
Department is amending the 2010–2011
AR Final Results with respect to the
weighted-average dumping margin
assigned to both Juangcheng Kangtai
Chemical Co. Ltd. (Kangtai), and Hebei
Jiheng Chemical Co., Ltd. (Jiheng).
DATES: Effective December 3, 2016.
FOR FURTHER INFORMATION CONTACT:
Emily Halle, AD/CVD Operations, Office
VII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone (202) 482–0176.
SUPPLEMENTARY INFORMATION:
Background
On January 22, 2013, the Department
published the 2010–2011 AR Final
Results. On July 24, 2014, the Court
remanded the 2010–2011 AR Final
Results to the Department regarding our
primary surrogate country selection as
follows: (1) Provide a reasonable
explanation why the range of the GNIs
listed on the Surrogate Country
Memorandum qualify the countries as
proximate and ‘‘economically
comparable’’ to the PRC, including a
discussion of why the Department
believes India’s GNI does not, if that
continues to be our determination,
qualify it as an economically
comparable country, and (2) place the
data on the record that the Department
relied upon to make our determination.
The Court also accepted the
Department’s request for a voluntary
remand of the final results with the
following instructions to: (1) Reconsider
whether the ILO wage rate used to value
the labor FOP includes labor,
retirement, and employee benefit
expenses, and whether these expenses
are double counted if the Department
does not adjust the financial ratio to
correctly reflect overlapping expenses in
the financial statements; (2) explain the
Department’s change in methodology for
calculating intra-company
transportation costs by collecting
2 See Chlorinated Isocyanurates From the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2010–
2011, 78 FR 4386 (January 22, 2013) (2010–2011 AR
Final Results).
PO 00000
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Fmt 4703
Sfmt 4703
93665
additional information if necessary and
to provide parties an opportunity to
comment on any new additional
information; and (3) explain our change
in the calculation of our by-product
methodology and to request additional
information if necessary, and to provide
parties an opportunity to comment on
any new additional information.3
Upon consideration of the First
Remand Results,4 on August 20, 2015,
the Court remanded the 2010–2011 AR
Final Results and First Remand Results
to the Department as follows: (1) To
either remove the labor items identified
among the selling, general and
administrative (SG&A) expenses of the
financial statements from MVC or
explain why adhering to the
Department’s Labor Methodology policy
is inappropriate in this instance; (2) to
either supply valid reasons to support
changing the byproduct methodology in
this proceeding which amounts to a
‘‘sufficient, reasoned analysis,’’
supported by substantial evidence, or to
revert to the ‘‘former’’ methodology,
with any appropriate modification (e.g.,
capping) to avoid illogical conclusions
that do not match the real world
experience of the respondents; (3) to
value urea using Philippine domestic
pricing data or explain why GTA import
data is superior to the domestic pricing
data on the record; and (4) to select the
best SVs for hydrogen and chlorine that
reflect a full consideration of the
interested parties’ comments and how
these inputs were valued in prior
administrative reviews.5 On November
23, 2016, the Court sustained the
Department’s Final Second
Redetermination, and entered final
judgment.6
Timken Notice
In its decision in Timken, as clarified
by Diamond Sawblades, the CAFC held
that, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (the Act),
the Department must publish a notice of
a court decision that is not ‘‘in
harmony’’ with a Department
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The
3 See Clearon Corp., and Occidental Chemical
Corp., et. al. v. United States, Slip Op. 14–88,
Consolidated Court No. 13–00073 (CIT 2014) (First
Redetermination).
4 See Clearon Corp., and Occidental Chemical
Corp., et. al. v. United States, Final Results of
Redetermination Pursuant to Remand, December
11, 2014 (First Remand Results).
5 See Clearon Corp., and Occidental Chemical
Corp., et. al. v. United States, Slip Op. 15–91,
Consolidated Court No. 13–00073 (CIT 2015).
6 See Clearon Corp., and Occidental Chemical
Corp., et. al. v. United States, Slip Op. 16–110,
Consolidated Court No. 13–00073 (CIT 2016).
E:\FR\FM\21DEN1.SGM
21DEN1
]]>Agencies
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Notices]
[Pages 93664-93665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30653]
-----------------------------------------------------------------------
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: Continuation of Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (the ``Department'') and the International Trade Commission
(the ``ITC'') that revocation of the antidumping duty (``AD'') 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 a continuation or recurrence of dumping and material injury to
an industry in the United States, the Department is publishing this
notice of continuation of the AD orders.
DATES: Effective December 21, 2016.
FOR FURTHER INFORMATION CONTACT: Robert Galantucci, 202-482-2923, AD/
CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On November 22, 2010, the Department published the AD orders on
copper pipe and tube from the PRC and Mexico.\1\ On October 1, 2015,
the Department initiated \2\ and the ITC instituted \3\ five-year
(sunset) reviews of the Orders, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the ``Act''). As a result of its
reviews, the Department determined that revocation of the Orders would
likely lead to continuation or recurrence of dumping.\4\ The
Department, therefore, notified the ITC of the magnitude of the dumping
margins likely to prevail should the Orders be revoked.\5\ On December
8, 2016, the ITC published its determination that revocation of the
Orders would likely lead to continuation or recurrence of material
injury to an industry in the United States within a reasonably
foreseeable time, pursuant to section 751(c) of the Act.\6\
---------------------------------------------------------------------------
\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 Initiation of Five-Year (``Sunset'') Review, 80 FR 59133
(October 1, 2015).
\3\ See Seamless Refined Copper Pipe and Tube from China and
Mexico; Institution of Five-Year Reviews, 80 FR 59186 (October 1,
2015).
\4\ See 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, 81 FR 4252 (January 26,
2016) and accompanying Preliminary Decision Memorandum; Seamless
Refined Copper Pipe and Tube from the People's Republic of China and
Mexico: Final Results of the Full Sunset Reviews of the Antidumping
Duty Orders, 81 FR 38134 (June 13, 2016).
\5\ Id.
\6\ See Seamless Refined Copper Pipe and Tube From China and
Mexico; Determination, 81 FR 88704 (December 8, 2016).
---------------------------------------------------------------------------
Scope of the Orders
For the purpose of the Orders, the products covered are all
seamless circular refined copper pipes and tubes, including redraw
hollows, greater than or equal to six inches (152.4 mm) in length and
measuring less than 12.130 inches (308.102 mm) (actual) in outside
diameter (``OD''), regardless of wall thickness, bore (e.g., smooth,
enhanced with inner grooves or ridges), manufacturing process (e.g.,
hot finished, cold-drawn, annealed), outer surface (e.g., plain or
enhanced with grooves, ridges, fins, or gills), end finish (e.g., plain
end, swaged end, flared end, expanded end, crimped end, threaded),
coating (e.g., plastic, paint), insulation, attachments (e.g., plain,
capped, plugged, with compression or other fitting), or physical
configuration (e.g., straight, coiled, bent, wound on spools).
The scope of the Orders covers, but is not limited to, seamless
refined copper pipe and tube produced or comparable to the American
Society for Testing and Materials (``ASTM'') ASTM-B42, ASTM-B68, ASTM-
B75, ASTM-B88, ASTM-B88M, ASTM-B188, ASTM-B251, ASTM-B251M, ASTM-B280,
ASTM-B302, ASTM-B306, ASTM-359, ASTM-B743, ASTM-B819, and ASTM-B903
specifications and meeting the physical parameters described therein.
Also included within the scope of the Orders are all sets of covered
products, including ``line sets'' of seamless refined copper tubes
(with or without fittings or insulation) suitable for connecting an
outdoor air conditioner or heat pump to an indoor evaporator unit. The
phrase ``all sets of covered products'' denotes any combination of
items put up for sale that is comprised of merchandise subject to the
scope.
``Refined copper'' is defined as: (1) Metal containing at least
99.85 percent by weight of copper; or (2) metal containing at least
97.5 percent by weight of copper, provided that the content by weight
of any other element does not exceed the following limits:
------------------------------------------------------------------------
Limiting
Content
Element Percent by
Weight
------------------------------------------------------------------------
Ag--Silver.............................................. 0.25
As--Arsenic............................................. 0.5
Cd--Cadmium............................................. 1.3
Cr--Chromium............................................ 1.4
Mg--Magnesium........................................... 0.8
Pb--Lead................................................ 1.5
S--Sulfur............................................... 0.7
Sn--Tin................................................. 0.8
Te--Tellurium........................................... 0.8
Zn--Zinc................................................ 1.0
Zr--Zirconium........................................... 0.3
Other elements (each)................................... 0.3
------------------------------------------------------------------------
Excluded from the scope of the Orders are all seamless circular
hollows of refined copper less than 12 inches in length whose OD
(actual) exceeds its length. 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.
Continuation of the Orders
As a result of the determinations by the Department and the ITC
that revocation of the Orders would likely lead to continuation or
recurrence of
[[Page 93665]]
dumping and material injury to an industry in the United States,
pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), the
Department hereby orders the continuation of the AD orders on copper
pipe and tube from the PRC and Mexico. United States Customs and Border
Protection will continue to collect AD cash deposits at the rates in
effect at the time of entry for all imports of subject merchandise.
The effective date of the continuation of the Orders will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act, the Department
intends to initiate the next five-year reviews of the Orders not later
than 30 days prior to the fifth anniversary of the effective date of
continuation.
These five-year sunset reviews and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: December 14, 2016.
Paul Piquado,
Assistant Secretary, for Enforcement and Compliance.
[FR Doc. 2016-30653 Filed 12-20-16; 8:45 am]
BILLING CODE 3510-DS-P
