Seamless Refined Copper Pipe and Tube From the People's Republic of China: Preliminary Results of Administrative Review; 2014-2015, 95110-95114 [2016-31156]
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Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices
they also will become a matter of public
record.
Sheleen Dumas,
PRA Departmental Lead, Office of the Chief
Information Officer.
[FR Doc. 2016–31161 Filed 12–23–16; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
Meeting of the Civil Nuclear Trade
Advisory Committee
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of Federal Advisory
Committee Meeting.
AGENCY:
This notice sets forth the
schedule and proposed agenda for a
meeting of the Civil Nuclear Trade
Advisory Committee (CINTAC).
DATES: The meeting is scheduled for
Thursday, January 26, 2017, from 9:00
a.m. to 4:30 p.m. Eastern Standard Time
(EST). The deadline for members of the
public to register, including requests to
make comments during the meeting and
for auxiliary aids, or to submit written
comments for dissemination prior to the
meeting, is 5:00 p.m. EST on Friday
January 20, 2017.
ADDRESSES: The meeting will be held in
Room 1412, U.S. Department of
Commerce, Herbert Clark Hoover
Building, 1401 Constitution Ave. NW.,
Washington, DC 20230. Requests to
register (including to speak or for
auxiliary aids) and any written
comments should be submitted to: Mr.
Jonathan Chesebro, Office of Energy &
Environmental Industries, International
Trade Administration, Room 20010,
1401 Constitution Ave. NW.,
Washington, DC 20230. (Fax: 202–482–
5665; email: jonathan.chesebro@
trade.gov). Members of the public are
encouraged to submit registration
requests and written comments via
email to ensure timely receipt.
FOR FURTHER INFORMATION CONTACT: Mr.
Jonathan Chesebro, Office of Energy &
Environmental Industries, International
Trade Administration, Room 20010,
1401 Constitution Ave. NW.,
Washington, DC 20230. (Phone: 202–
482–1297; Fax: 202–482–5665; email:
jonathan.chesebro@trade.gov).
SUPPLEMENTARY INFORMATION:
Background: The CINTAC was
established under the discretionary
authority of the Secretary of Commerce
and in accordance with the Federal
Advisory Committee Act (5 U.S.C.
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SUMMARY:
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App.), in response to an identified need
for consensus advice from U.S. industry
to the U.S. Government regarding the
development and administration of
programs to expand United States
exports of civil nuclear goods and
services in accordance with applicable
U.S. laws and regulations, including
advice on how U.S. civil nuclear goods
and services export policies, programs,
and activities will affect the U.S. civil
nuclear industry’s competitiveness and
ability to participate in the international
market.
Topics to be considered: The agenda
for the Thursday, January 26, 2017
CINTAC meeting will be as follows:
9:00 a.m.–4:00 p.m.
1. International Trade Administration’s
Civil Nuclear Trade Initiative
Update
2. Election of CINTAC Leadership
3. Civil Nuclear Trade Promotion
Activities Discussion
4. Public comment period
The meeting will be open to the
public and will be accessible to people
with disabilities. All guests are required
to register in advance by the deadline
identified under the DATES caption.
Requests for auxiliary aids must be
submitted by the registration deadline.
Last minute requests will be accepted,
but may be impossible to fill. Members
of the public wishing to attend the
meeting must notify Mr. Jonathan
Chesebro at the contact information
above by 5:00 p.m. EST on Friday,
January 20, 2017 in order to pre-register.
Please specify any requests for
reasonable accommodation at least five
business days in advance of the
meeting.
Oral Comments: A limited amount of
time will be available for pertinent, brief
oral comments from members of the
public attending the meeting. To
accommodate as many speakers as
possible, the time for public comments
will be limited to two (2) minutes per
person, with a total public comment
period of 30 minutes. Individuals
wishing to reserve speaking time during
the meeting must contact Mr. Chesebro
and submit a brief statement of the
general nature of the comments and the
name and address of the proposed
participant by 5:00 p.m. EST on Friday,
January 20, 2017. If the number of
registrants requesting to make
statements is greater than can be
reasonably accommodated during the
meeting, ITA may conduct a lottery to
determine the speakers.
Written Comments: Any member of
the public may submit pertinent written
comments concerning the CINTAC’s
affairs at any time before and after the
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meeting. Comments may be submitted
to the Civil Nuclear Trade Advisory
Committee, Office of Energy &
Environmental Industries, Room 20010,
1401 Constitution Ave. NW.,
Washington, DC 20230. For
consideration during the meeting, and
to ensure transmission to the Committee
prior to the meeting, comments must be
received no later than 5:00 p.m. EST on
Friday, January 20, 2017. Comments
received after that date will be
distributed to the members but may not
be considered at the meeting.
Copies of CINTAC meeting minutes
will be available within 90 days of the
meeting.
Man Cho,
Deputy Director, Office of Energy and
Environmental Industries.
[FR Doc. 2016–31190 Filed 12–23–16; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–964]
Seamless Refined Copper Pipe and
Tube From the People’s Republic of
China: Preliminary Results of
Administrative Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) is conducting the
fifth administrative review of the
antidumping duty order on seamless
refined copper pipe and tube from the
People’s Republic of China (‘‘PRC’’),
covering the period November 1, 2014
through October 31, 2015. The
Department preliminarily finds that,
during the period of review (‘‘POR’’),
the Hailiang Single Entity sold subject
merchandise in the United States at less
than normal value. Additionally, the
Department preliminarily finds that the
GD Single Entity did not sell subject
merchandise in the United States at less
than normal value. Interested parties are
invited to comment on these
preliminary results.
DATES: Effective December 27, 2016.
FOR FURTHER INFORMATION CONTACT:
Drew Jackson or Stephen Bailey, AD/
CVD Operations, Office IV, Enforcement
& Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
482–4406, and 482–0193, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices
Background
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On November 22, 2010, the
Department published in the Federal
Register an antidumping duty order on
copper pipe and tube from the PRC.1 On
November 3, 2015, the Department
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order on copper pipe
and tube from the PRC for the period
November 1, 2014 through October 31,
2015.2 On November 30, 2015, the
Department received a request from
Cerro Flow Products, LLC, Wieland
Copper Products, LLC, Mueller Copper
Tube Products Inc., and Mueller Copper
Tube Company, Inc. (collectively,
‘‘Petitioners’’) to conduct administrative
reviews of the following companies: (1)
GD Group; (2) GD Holding; (3) GD
Trading; (4) Zhejiang Hailiang Co., Ltd.;
(5) Shanghai Hailiang Copper Co., Ltd.;
(6) Zhejiang Jiahe Pipes Inc.; (7)
Sinochem Ningbo Ltd.; (8) Sinochem
Ningbo Import & Export Co., Ltd.; (9)
Ningbo Jintian Copper Tube Co., Ltd.;
(10) Zhejiang Naile Copper Co., Ltd.;
(11) Guilin Lijia Metals Co., Ltd.; (12)
Foshan Hua Hong Copper Tube Co.,
Ltd.; (13) Taicang City Jinxin Copper
Tube Co., Ltd.; (14) Hong Kong Hailiang
Metal; (15) Hong Kong Hailiang Metal
Trading Limited; (16) China Hailiang
Metal Trading; and (17) Shanghai
Hailiang Metal Trading Limited.3 Also,
on November 30, 2015, the Department
received a request from the Hailiang
Group Companies 4 to conduct an
administrative review of its sales for the
POR.5 On January 7, 2016, the
Department published in the Federal
Register a notice initiating an
antidumping duty administrative review
of copper pipe and tube from the PRC
for the period November 1, 2014,
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).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 80 FR 67706
(November 3, 2015).
3 See Letter to the Department from Petitioners,
‘‘Seamless Refined Copper Pipe and Tube from
China: Request for Administrative Review,’’ dated
November 30, 2015.
4 Submissions in this proceeding were filed on
behalf of Hong Kong Hailiang Metal Trading
Limited, Zhejiang Hailiang Co., Ltd. and Shanghai
Hailiang Copper Co., Ltd. (collectively, the
‘‘Hailiang Group Companies’’).
5 See Letter to the Department from the Hailiang
Group Companies, ‘‘Request for Administrative
Review of the Antidumping Duty Order on
Seamless Refined Copper Pipe and Tube from the
People’s Republic of China,’’ dated November 30,
2015.
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through October 31, 2015, with respect
to these 16 companies.6
Scope of the Order
The merchandise subject to the order
is seamless refined copper pipe and
tube. The product is currently classified
under Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’) item
numbers 7411.10.1030 and
7411.10.1090. Products subject to this
order may also enter under HTSUS item
numbers 7407.10.1500, 7419.99.5050,
8415.90.8065, and 8415.90.8085.
Although the HTSUS numbers are
provided for convenience and customs
purposes, the written description of the
scope of this order remains dispositive.7
Extension of Deadlines for Preliminary
Results
On July 12, 2016, the Department
extended the time period for issuing the
preliminary results of this review until
December 5, 2016.8
Preliminary Affiliation and Single
Entity Determination
Based on record evidence in this
review, as well as the Department’s
affiliation determination in the 2013–
2014 administrative review,9 the
6 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
736 (January 7, 2016) (‘‘Initiation Notice’’).
7 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, from Gary
Taverman, Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
regarding, ‘‘Decision Memorandum for the
Preliminary Results of the 2014–2015
Administrative Review of the Antidumping Duty
Order on Seamless Refined Copper Pipe and Tube
from the People’s Republic of China,’’ dated
concurrently with and hereby adopted by this
notice (‘‘Preliminary Decision Memorandum’’), for
a complete description of the scope of the order.
8 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, through Abdelali
Elouaradia, Office Director, Antidumping and
Countervailing Duty Operations, Office 4, regarding,
‘‘Seamless Refined Copper Pipe and Tube from the
People’s Republic of China: Extension of Deadline
for Preliminary Results of Antidumping Duty
Administrative Review,’’ dated July 12, 2016.
9 See GD Group et al.’s July 15, 2016,
Supplemental questionnaire response
(‘‘supplemental response’’) at 28–29. In the
supplemental questionnaire response at 28–29 the
Golden Dragon Group Companies confirm that all
material facts from the 2013–2014 administrative
review and the current 2014–2015 administrative
review did not change with regard to the following:
(1) Affiliation; (2) production facilities for similar
or identical products; (3) level of common
ownership; (4) cross-managers or board members
between affiliates, including the roll of Mr. Changjie
Li as Chairman of Golden Dragon Precise Copper
Tube, Inc. and his duties and responsibilities as
legal representative of the affiliates listed above
(excluding Jiangsu Canghuan Copper Industry Co.,
Ltd.); (5) sharing of sales information; (6)
production or pricing decisions; (7) intercompany
employee transfers during the current POR and
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Department preliminarily finds that the
following companies are affiliated
pursuant to section 771(33)(F) of the
Tariff Act of 1930, as amended (‘‘the
Act’’): (1) Golden Dragon Precise Copper
Tube Group, Inc.; (2) Golden Dragon
Holding (Hong Kong) International, Ltd.;
(3) Hong Kong GD Trading Co., Ltd.; (4)
Shanghai Longyang Precise Copper
Compound Copper Tube Co., Ltd.; (5)
Jiangsu Canghuan Copper Industry Co.,
Ltd.; (6) Guangdong Longfeng Precise
Copper Tube Co., Ltd.; (7) Wuxi Jinlong
Chuancun Precise Copper Tube Co.,
Ltd.; (8) Longkou Longpeng Precise
Copper Tube Co., Ltd.; (9) Xinxiang
Longxiang Precise Copper Tube Co.,
Ltd.; (10) Coaxian Ailun Metal
Processing Co., Ltd.; and (11) Chonqing
Longyu Precise Copper Tube Co., Ltd.10
Additionally, based on record evidence,
the Department preliminarily finds that
the following companies are affiliated
pursuant to section 771(33)(F) of the
Act: Hong Kong Hailiang Metal Trading
Limited, Zhejiang Hailiang Co., Ltd.,
Shanghai Hailiang Copper Co., Ltd., and
Anhui Hailiang.11
three years prior; (8) sharing of facilities during the
current POR and three years prior; (9) transactions
or sales; (10) sharing of accounting information; and
(11) sales or purchase of material inputs through
Golden Dragon Holding (Hong Kong) International
Co., Ltd. or Hong Kong GD Trading Co., Ltd. during
the POR. Because the information with regard to the
above facts remain unchanged in this 2014–2015
administrative review, we continue to find it
appropriate to treat the Golden Dragon Group
Companies as a single entity for Department
purposes. See also the Department’s Memorandum
For Abdelali Elouaradia, Director, AC/CVD
Operation, Office 4, from Drew Jackson,
International Trade Analyst, AD/CVD Operations,
Office 4, regarding ‘‘Affiliation and Single Entity
Status of Golden Dragon Precise Copper Tube
Group, Inc.; Golden Dragon Holding (Hong Kong)
International Co., Ltd.; Hong Kong GD Trading Co.,
Ltd.; Shanghai Longyang Precise Copper Compound
Copper Tube Co., Ltd.; Jiangsu Canghuan Copper
Industry Co., Ltd.; Guangdong Longfeng Precise
Copper Tube Co., Ltd.; Wuxi Jinlong Chuancun
Precise Copper Tube Co., Ltd.; Longkou Longpeng
Precise Copper Tube Co., Ltd.; Xinxiang Longxiang
Precise Copper Tube Co., Ltd.; Coaxian Ailun Metal
Processing Co., Ltd.; and Chonqing Longyu Precise
Copper Tube Co., Ltd.,’’ dated November 30, 2015.
10 See Memorandum to Abdelali Elouaradia,
Director, Office IV, AD/CVD Operations, through
Robert Bolling, Program Manager, AD/CVD
Operations Office IV, regarding ‘‘Affiliation and
Single Entity Status of Golden Dragon Precise
Copper Tube Group, Inc.; Golden Dragon Holding
(Hong Kong) International Co., Ltd.; Hong Kong GD
Trading Co., Ltd.; Shanghai Longyang Precise
Copper Compound Copper Tube Co., Ltd.; Jiangsu
Canghuan Copper Industry Co., Ltd.; Guangdong
Longfeng Precise Copper Tube Co., Ltd.; Wuxi
Jinlong Chuancun Precise Copper Tube Co., Ltd.;
Longkou Longpeng Precise Copper Tube Co., Ltd.;
Xinxiang Longxiang Precise Copper Tube Co., Ltd.;
Coaxian Ailun Metal Processing Co., Ltd.; and
Chonqing Longyu Precise Copper Tube Co., Ltd.,’’
dated November 30, 2015.
11 See Memorandum to Abdelali Elouaradia,
Director, Office IV, AD/CVD Operations, through
Robert Bolling, Program Manager, AD/CVD
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Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices
Moreover, based on the information
presented in this review, we
preliminarily find that Golden Dragon
and its group of affiliated companies
should be treated as a single entity and
Hailiang and its group of affiliated
companies should be treated as a single
entity for purposes of this review
pursuant to 19 CFR 351.401(f).
Specifically, pursuant to 19 CFR
351.401(f)(1), the Department
preliminarily found that the Golden
Dragon companies are affiliated, have
production facilities for producing
similar or identical products that would
not require substantial retooling of their
respective facilities in order to
restructure manufacturing priorities,
and there is a significant potential for
manipulation of price or production.
The Department reached a similar
preliminarily decision with respect to
Hailiang and its affiliated companies.
Additionally, the Department
preliminarily finds that among the
Golden Dragon companies and among
the Hailiang companies, a significant
potential for manipulation exists
pursuant to 19 CFR 351.401(f)(2). For
additional information, see Preliminary
Decision Memorandum and Hailiang
Single Entity Memorandum.
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Separate Rates
In the Initiation Notice, we informed
parties of the opportunity to request a
separate rate.12 In proceedings involving
non-market economy (‘‘NME’’)
countries, the Department begins with a
rebuttable presumption that all
companies within the NME country are
subject to government control and, thus,
should be assigned a single weightedaverage dumping margin. It is the
Department’s policy to assign all
exporters of merchandise subject to an
administrative review involving an
NME country this single rate unless an
exporter can demonstrate that it is
sufficiently independent so as to be
entitled to a separate rate. Companies
that wanted to be considered for a
separate rate in this review were
required to timely file a separate-rate
Operations Office IV, regarding ‘‘Affiliation and
Single Entity Status of (1) Hong Kong Hailiang
Metal Trading Limited, (2) Zhejiang Hailiang Co.,
Ltd., (3) Shanghai Hailiang Copper Co., Ltd., and (4)
Hailiang (Anhui) Copper Co., Ltd.,’’ (‘‘Hailiang
Single Entity Memorandum’’) dated concurrently
with this notice, for a full discussion of the
proprietary details of the Department’s single-entity
analysis.
12 See Initiation Notice.
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application or a separate-rate
certification to demonstrate their
eligibility for a separate rate. Separaterate applications and separate-rate
certifications were due to the
Department within 30 calendar days of
the publication of the Initiation Notice.
In this review, nine companies for
which a review was requested and
which remain under review did not
submit separate-rate information to
rebut the presumption that they are
subject to government control. These
companies are: Zhejiang Jiahe Pipes
Inc., Sinochem Ningbo Ltd., Sinochem
Ningbo Import & Export Co., Ltd.,
Ningbo Jintian Copper Tube Co., Ltd.,
Zhejiang Naile Copper Co., Ltd., Guilin
Lijia Metals Co., Ltd., Foshan Hua Hong
Copper Tube Co., Ltd., Hong Kong
Hailiang Metal, and Taicang City Jinxin
Copper Tube Co., Ltd. As further
discussed in the Preliminary Decision
Memorandum,13 we preliminarily find
that these entities have not
demonstrated that they operate free
from government control and thus are
not eligible for a separate rate.
The Department preliminarily finds
that information placed on the record by
the GD Single Entity 14 and the Hailiang
Single Entity 15 demonstrates that these
companies are entitled to separate rate
status.
PRC-Wide Entity
The Department’s change in policy
regarding conditional review of the
PRC-wide entity applies to this
administrative review.16 Under this
13 See
Preliminary Determination Memorandum.
GD Single Entity includes the following
companies: (1) Golden Dragon Precise Copper Tube
Group, Inc.; (2) Golden Dragon Holding (Hong
Kong) International, Ltd.; (3) Hong Kong GD
Trading Co., Ltd.; (4) Shanghai Longyang Precise
Copper Compound Copper Tube Co., Ltd.; (5)
Jiangsu Canghuan Copper Industry Co., Ltd.; (6)
Guangdong Longfeng Precise Copper Tube Co., Ltd.;
(7) Wuxi Jinlong Chuancun Precise Copper Tube
Co., Ltd.; (8) Longkou Longpeng Precise Copper
Tube Co., Ltd.; (9) Xinxiang Longxiang Precise
Copper Tube Co., Ltd.; (10) Coaxian Ailun Metal
Processing Co., Ltd.; and (11) Chonqing Longyu
Precise Copper Tube Co., Ltd. (the ‘‘GD Single
Entity’’). See section entitled, ‘‘Preliminary
Affiliation and Single Entity Determination,’’
below.
15 The Hailiang Single Entity includes the
following companies: (1) Hong Kong Hailiang Metal
Trading Limited; (2) Zhejiang Hailiang Co. Ltd.; (3)
Shanghai Hailiang Copper Co., Ltd.; and (4) Anhui
Hailiang (the ‘‘Hailiang Single Entity’’). See section
entitled, ‘‘Preliminary Affiliation and Single Entity
Determination,’’ below.
16 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
14 The
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policy, the PRC-wide entity will not be
under review unless a party specifically
requests, or the Department selfinitiates, a review of the entity. Because
no party requested a review of the PRCwide entity in this review, the entity is
not under review and the entity’s rate
(i.e., 60.85 percent) is not subject to
change.17 Apart from the GD Single
Entity and Hailiang Single Entity
companies discussed above, the
Department considers all other
companies for which a review was
requested 18 to be part of the PRC-wide
entity. For additional information, see
the Preliminary Decision Memorandum.
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) of the Act. The Department
calculated export prices and constructed
export prices in accordance with section
772 of the Act. Because the PRC is a
non-market economy country, within
the meaning of section 771(18) of the
Act, the Department calculated normal
value in accordance with section 773(c)
of the Act. For a full description of the
methodology underlying the
preliminary results of this review, see
the Preliminary Decision Memorandum,
which is hereby adopted by this notice.
A list of the topics included in the
Preliminary Decision Memorandum is
included as an appendix to this notice.
The Preliminary Decision
Memorandum is a public document and
is made available to the public via
ACCESS. In addition, a complete
version of the Preliminary Decision
Memorandum can be found at https://
enforcement.trade.gov/frn/. The signed
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily finds
that the following weighted-average
dumping margins exist for the POR:
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
17 See Seamless Refined Copper Pipe and Tube
From the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 75
FR 60725 (October 1, 2010).
18 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
736 (January 7, 2016) (‘‘Initiation Notice’’).
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Weightedaverage
dumping
margin
(percent)
Exporter
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Golden Dragon Precise Copper Tube Group, Inc./Golden Dragon Holding (Hong Kong) International Co., Ltd./Hong Kong GD
Trading Co., Ltd./Shanghai Longyang Precise Copper Compound Copper Tube Co., Ltd./Jiangsu Canghuan Copper Industry
Co., Ltd./Guangdong Longfeng Precise Copper Tube Co., Ltd./Wuxi Jinlong Chuancun Precise Copper Tube Co., Ltd./
Longkou Longpeng Precise Copper Tube Co., Ltd./Xinxiang Longxiang Precise Copper Tube Co., Ltd./Coaxian Ailun Metal
Processing Co., Ltd./Chonqing Longyu Precise Copper Tube Co., Ltd ..........................................................................................
Hong Kong Hailiang Metal Trading Limited/Zhejiang Hailiang Co., Ltd./Shanghai Hailiang Copper Co., Ltd./Hailiang (Anhui) Copper Co., Ltd ......................................................................................................................................................................................
Disclosure and Public Comment
The Department intends to disclose to
parties the calculations performed for
these preliminary results of review
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b). Interested
parties may submit case briefs no later
than 30 days after the date of
publication of these preliminary results
of review.19 Rebuttal briefs may be filed
no later than five days after case briefs
are due and may respond only to
arguments raised in the case briefs.20 A
table of contents, list of authorities used,
and an executive summary of issues
should accompany any briefs submitted
to the Department. The summary should
be limited to five pages total, including
footnotes.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, within 30
days after the date of publication of this
notice.21 Requests should contain the
party’s name, address, and telephone
number, the number of participants, and
a list of the issues to be discussed. Oral
argument presentations will be limited
to issues raised in the briefs. If a request
for a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230, at a date and time to be
determined.22 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
All submissions, with limited
exceptions, must be filed electronically
using ACCESS.23 An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, ACCESS, by
5 p.m. Eastern Time (‘‘ET’’) on the due
date. Documents excepted from the
19 See
19 CFR 351.309(c)(ii).
19 CFR 351.309(d).
21 See 19 CFR 351.310(c).
22 See 19 CFR 351.310(d).
23 See generally 19 CFR 351.303.
20 See
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electronic submission requirements
must be filed manually (i.e., in paper
form) with the APO/Dockets Unit in
Room 18022 and stamped with the date
and time of receipt by 5 p.m. ET on the
due date.24
Unless otherwise extended, the
Department intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, the Department will
determine, and Customs and Border
Protection (‘‘CBP’’) shall assess,
antidumping duties on all appropriate
entries covered by this review.25 The
Department intends to issue assessment
instructions to CBP 15 days after the
publication date of the final results of
this review. For assessment purposes,
the Department applied the assessment
rate calculation method adopted in
Assessment Rate Modification.26 For
each individually examined respondent
in this review whose weighted-average
dumping margin in the final results of
review is not zero or de minimis (i.e.,
less than 0.5 percent), the Department
intends to calculate importer-specific
assessment rates, in accordance with 19
CFR 351.212(b)(1).27 Where the
respondent reported reliable entered
values, the Department intends to
calculate importer- (or customer)24 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
25 See 19 CFR 351.212(b)(1).
26 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (‘‘Assessment Rate
Modification’’) in the manner described in more
detail in the Preliminary Decision Memorandum.
27 See Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (‘‘Final Modification’’).
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Fmt 4703
95113
Sfmt 4703
0.00
8.53
specific ad valorem rates by aggregating
the dumping margins calculated for all
U.S. sales to the importer- (or customer)
and dividing this amount by the total
entered value of the sales to the
importer- (or customer).28 Where the
Department calculates an importer- (or
customer)-specific weighted-average
dumping margin by dividing the total
amount of dumping for reviewed sales
to the importer- (or customer) by the
total sales quantity associated with
those transactions, the Department will
direct CBP to assess importer- (or
customer)-specific assessment rates
based on the resulting per-unit rates.29
Where an importer- (or customer)specific ad valorem or per-unit rate is
greater than de minimis, the Department
will instruct CBP to collect the
appropriate duties at the time of
liquidation.30 Where either the
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer (or customer-) specific ad
valorem or per-unit rate is zero or de
minimis, the Department will instruct
CBP to liquidate appropriate entries
without regard to antidumping duties.31
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.
Cash Deposit Requirements
The Department will instruct CBP to
require a cash deposit equal to the
weighted-average amount by which the
normal value exceeds U.S. price. The
following cash deposit requirements
will be effective upon publication of the
final results of this administrative
review for shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
28 See
19 CFR 351.212(b)(1).
29 Id.
30 See
31 See
E:\FR\FM\27DEN1.SGM
19 CFR 351.212(b)(1).
Final Modification at 8103.
27DEN1
95114
Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Notices
date of this notice, as provided by
section 751(a)(2)(C) of the Act: (1) For
the exporters listed above, the cash
deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review (except, if the rate is zero or de
minimis, then the cash deposit rate will
be zero for that exporter); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recently completed segment of this
proceeding; (3) for all PRC exporters of
subject merchandise which have not
been found to be entitled to a separate
rate, the cash deposit rate will be the
rate for the PRC-wide entity; and (4) for
all non-PRC exporters of subject
merchandise that have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
exporter that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: December 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
Summary
Background
Scope of the Order
Affiliation and Single-Entity Treatment
Discussion of the Methodology
Non-Market Economy Country Status
Surrogate Country and Surrogate Value
Data
Separate Rates
Date of Sale
Comparisons to Normal Value
Determination of Comparison Method
Results of the Differential Pricing Analysis
U.S. Price
Export Price
Constructed Export Price
VerDate Sep<11>2014
20:45 Dec 23, 2016
Jkt 241001
Value-Added Tax
Normal Value
Factor Valuations
Currency Conversion
Recommendation
[FR Doc. 2016–31156 Filed 12–23–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970]
Multilayered Wood Flooring From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review,
Preliminary Determination of No
Shipments, and Preliminary Partial
Rescission of Antidumping Duty
Administrative Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting an
administrative review of the
antidumping duty order on multilayered
wood flooring (‘‘MLWF’’) from the
People’s Republic of China (‘‘PRC’’).
The period of review (‘‘POR’’) is
December 1, 2014, through November
30, 2015. The review covers two
mandatory respondents, Dalian
Penghong Floor Products Co., Ltd.
(‘‘Penghong’’) and Jiangsu Senmao
Bamboo and Wood Industry Co., Ltd.
(‘‘Senmao’’). We preliminarily find that
both respondents made sales of subject
merchandise at less than normal value
(‘‘NV’’).
DATES: Effective December 27, 2016.
FOR FURTHER INFORMATION CONTACT:
William Horn or Aleksandras Nakutis,
AD/CVD Operations, Office IV,
Enforcement & Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–2615,
and (202) 482–3147, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 8, 2011, the Department
published in the Federal Register an
antidumping duty order on wood
flooring from the PRC.1 On December 1,
2015, the Department published in the
1 See Multilayered Wood Flooring from the
People’s Republic of China: Notice of Amended
Final Affirmative Determination of Sales at Less
than Fair Value and Antidumping Duty Order, 76
FR 76690 (December 8, 2011), as amended
Multilayered Wood Flooring from the People’s
Republic of China, 77 FR 5484 (February 3, 2012)
(amended AD and CVD orders).
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
Federal Register a notice of opportunity
to request an administrative review of
the antidumping duty order on wood
flooring from the PRC.2 On December
30, 2015, and December 31, 2015, the
Department received requests from 74
foreign and domestic interested parties
for administrative reviews of wood
flooring from the PRC. Additionally, on
December 31, 2015, the Department
received a request from the Coalition for
American Hardwood Parity
(‘‘Petitioner’’), petitioner in the
underlying investigation, to conduct
administrative reviews of numerous
exporters/producers of wood flooring
from the PRC, many of which were
already the subject of review requests
filed by other parties. On February 9,
2016, the Department published in the
Federal Register a notice of initiation of
an administrative review of the wood
flooring order with respect to 111
companies for which a timely request
for an administrative review of the
applicable antidumping duty order was
submitted.3 On March 3, 2016, the
Department published in the Federal
Register a Second Initiation Notice to
correct an inadvertent misspelling of
one company’s name in the First
Initiation Notice.4 Requesting parties
have subsequently timely withdrawn all
review requests for one company for
which the Department initiated a
review, as discussed below.
Scope of the Order
The merchandise covered by the order
includes MLWF, subject to certain
exceptions.5 Imports of the subject
merchandise are provided for under the
following subheadings of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’): 4412.31.0520;
4412.31.0540; 4412.31.0560;
4412.31.2510; 4412.31.2520;
4412.31.3175; 4412.31.4040;
4412.31.4050; 4412.31.4060;
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 80 FR 75058
(December 1, 2015).
3 Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 81 FR 6832, 6835–37
(February 9, 2016) (‘‘First Initiation Notice’’).
4 Initiation of Antidumping and Countervailing
Duty Administrative Reviews, 81 FR 11179, 11182
(March 3, 2016) (‘‘Second Initiation Notice’’).
5 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, regarding ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review, Preliminary Determination
of No Shipments, and Preliminary Partial
Rescission of Antidumping Duty Administrative
Review; 2014–2016,’’ (‘‘Preliminary Decision
Memorandum’’), issued and dated concurrently
with this notice, for a complete description of the
Scope of the Order.
E:\FR\FM\27DEN1.SGM
27DEN1
]]>Agencies
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Pages 95110-95114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31156]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-964]
Seamless Refined Copper Pipe and Tube From the People's Republic
of China: Preliminary Results of Administrative Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') is conducting
the fifth administrative review of the antidumping duty order on
seamless refined copper pipe and tube from the People's Republic of
China (``PRC''), covering the period November 1, 2014 through October
31, 2015. The Department preliminarily finds that, during the period of
review (``POR''), the Hailiang Single Entity sold subject merchandise
in the United States at less than normal value. Additionally, the
Department preliminarily finds that the GD Single Entity did not sell
subject merchandise in the United States at less than normal value.
Interested parties are invited to comment on these preliminary results.
DATES: Effective December 27, 2016.
FOR FURTHER INFORMATION CONTACT: Drew Jackson or Stephen Bailey, AD/CVD
Operations, Office IV, Enforcement & Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230; telephone: 482-4406, and 482-0193, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 95111]]
Background
On November 22, 2010, the Department published in the Federal
Register an antidumping duty order on copper pipe and tube from the
PRC.\1\ On November 3, 2015, the Department published in the Federal
Register a notice of opportunity to request an administrative review of
the antidumping duty order on copper pipe and tube from the PRC for the
period November 1, 2014 through October 31, 2015.\2\ On November 30,
2015, the Department received a request from Cerro Flow Products, LLC,
Wieland Copper Products, LLC, Mueller Copper Tube Products Inc., and
Mueller Copper Tube Company, Inc. (collectively, ``Petitioners'') to
conduct administrative reviews of the following companies: (1) GD
Group; (2) GD Holding; (3) GD Trading; (4) Zhejiang Hailiang Co., Ltd.;
(5) Shanghai Hailiang Copper Co., Ltd.; (6) Zhejiang Jiahe Pipes Inc.;
(7) Sinochem Ningbo Ltd.; (8) Sinochem Ningbo Import & Export Co.,
Ltd.; (9) Ningbo Jintian Copper Tube Co., Ltd.; (10) Zhejiang Naile
Copper Co., Ltd.; (11) Guilin Lijia Metals Co., Ltd.; (12) Foshan Hua
Hong Copper Tube Co., Ltd.; (13) Taicang City Jinxin Copper Tube Co.,
Ltd.; (14) Hong Kong Hailiang Metal; (15) Hong Kong Hailiang Metal
Trading Limited; (16) China Hailiang Metal Trading; and (17) Shanghai
Hailiang Metal Trading Limited.\3\ Also, on November 30, 2015, the
Department received a request from the Hailiang Group Companies \4\ to
conduct an administrative review of its sales for the POR.\5\ On
January 7, 2016, the Department published in the Federal Register a
notice initiating an antidumping duty administrative review of copper
pipe and tube from the PRC for the period November 1, 2014, through
October 31, 2015, with respect to these 16 companies.\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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 80 FR 67706 (November 3, 2015).
\3\ See Letter to the Department from Petitioners, ``Seamless
Refined Copper Pipe and Tube from China: Request for Administrative
Review,'' dated November 30, 2015.
\4\ Submissions in this proceeding were filed on behalf of Hong
Kong Hailiang Metal Trading Limited, Zhejiang Hailiang Co., Ltd. and
Shanghai Hailiang Copper Co., Ltd. (collectively, the ``Hailiang
Group Companies'').
\5\ See Letter to the Department from the Hailiang Group
Companies, ``Request for Administrative Review of the Antidumping
Duty Order on Seamless Refined Copper Pipe and Tube from the
People's Republic of China,'' dated November 30, 2015.
\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 736 (January 7, 2016) (``Initiation
Notice'').
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is seamless refined copper
pipe and tube. The product is currently classified under Harmonized
Tariff Schedule of the United States (``HTSUS'') item numbers
7411.10.1030 and 7411.10.1090. Products subject to this order may also
enter under HTSUS item numbers 7407.10.1500, 7419.99.5050,
8415.90.8065, and 8415.90.8085. Although the HTSUS numbers are provided
for convenience and customs purposes, the written description of the
scope of this order remains dispositive.\7\
---------------------------------------------------------------------------
\7\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Gary Taverman, Associate Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, regarding, ``Decision Memorandum
for the Preliminary Results of the 2014-2015 Administrative Review
of the Antidumping Duty Order on Seamless Refined Copper Pipe and
Tube from the People's Republic of China,'' dated concurrently with
and hereby adopted by this notice (``Preliminary Decision
Memorandum''), for a complete description of the scope of the order.
---------------------------------------------------------------------------
Extension of Deadlines for Preliminary Results
On July 12, 2016, the Department extended the time period for
issuing the preliminary results of this review until December 5,
2016.\8\
---------------------------------------------------------------------------
\8\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
through Abdelali Elouaradia, Office Director, Antidumping and
Countervailing Duty Operations, Office 4, regarding, ``Seamless
Refined Copper Pipe and Tube from the People's Republic of China:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review,'' dated July 12, 2016.
---------------------------------------------------------------------------
Preliminary Affiliation and Single Entity Determination
Based on record evidence in this review, as well as the
Department's affiliation determination in the 2013-2014 administrative
review,\9\ the Department preliminarily finds that the following
companies are affiliated pursuant to section 771(33)(F) of the Tariff
Act of 1930, as amended (``the Act''): (1) Golden Dragon Precise Copper
Tube Group, Inc.; (2) Golden Dragon Holding (Hong Kong) International,
Ltd.; (3) Hong Kong GD Trading Co., Ltd.; (4) Shanghai Longyang Precise
Copper Compound Copper Tube Co., Ltd.; (5) Jiangsu Canghuan Copper
Industry Co., Ltd.; (6) Guangdong Longfeng Precise Copper Tube Co.,
Ltd.; (7) Wuxi Jinlong Chuancun Precise Copper Tube Co., Ltd.; (8)
Longkou Longpeng Precise Copper Tube Co., Ltd.; (9) Xinxiang Longxiang
Precise Copper Tube Co., Ltd.; (10) Coaxian Ailun Metal Processing Co.,
Ltd.; and (11) Chonqing Longyu Precise Copper Tube Co., Ltd.\10\
Additionally, based on record evidence, the Department preliminarily
finds that the following companies are affiliated pursuant to section
771(33)(F) of the Act: Hong Kong Hailiang Metal Trading Limited,
Zhejiang Hailiang Co., Ltd., Shanghai Hailiang Copper Co., Ltd., and
Anhui Hailiang.\11\
---------------------------------------------------------------------------
\9\ See GD Group et al.'s July 15, 2016, Supplemental
questionnaire response (``supplemental response'') at 28-29. In the
supplemental questionnaire response at 28-29 the Golden Dragon Group
Companies confirm that all material facts from the 2013-2014
administrative review and the current 2014-2015 administrative
review did not change with regard to the following: (1) Affiliation;
(2) production facilities for similar or identical products; (3)
level of common ownership; (4) cross-managers or board members
between affiliates, including the roll of Mr. Changjie Li as
Chairman of Golden Dragon Precise Copper Tube, Inc. and his duties
and responsibilities as legal representative of the affiliates
listed above (excluding Jiangsu Canghuan Copper Industry Co., Ltd.);
(5) sharing of sales information; (6) production or pricing
decisions; (7) intercompany employee transfers during the current
POR and three years prior; (8) sharing of facilities during the
current POR and three years prior; (9) transactions or sales; (10)
sharing of accounting information; and (11) sales or purchase of
material inputs through Golden Dragon Holding (Hong Kong)
International Co., Ltd. or Hong Kong GD Trading Co., Ltd. during the
POR. Because the information with regard to the above facts remain
unchanged in this 2014-2015 administrative review, we continue to
find it appropriate to treat the Golden Dragon Group Companies as a
single entity for Department purposes. See also the Department's
Memorandum For Abdelali Elouaradia, Director, AC/CVD Operation,
Office 4, from Drew Jackson, International Trade Analyst, AD/CVD
Operations, Office 4, regarding ``Affiliation and Single Entity
Status of Golden Dragon Precise Copper Tube Group, Inc.; Golden
Dragon Holding (Hong Kong) International Co., Ltd.; Hong Kong GD
Trading Co., Ltd.; Shanghai Longyang Precise Copper Compound Copper
Tube Co., Ltd.; Jiangsu Canghuan Copper Industry Co., Ltd.;
Guangdong Longfeng Precise Copper Tube Co., Ltd.; Wuxi Jinlong
Chuancun Precise Copper Tube Co., Ltd.; Longkou Longpeng Precise
Copper Tube Co., Ltd.; Xinxiang Longxiang Precise Copper Tube Co.,
Ltd.; Coaxian Ailun Metal Processing Co., Ltd.; and Chonqing Longyu
Precise Copper Tube Co., Ltd.,'' dated November 30, 2015.
\10\ See Memorandum to Abdelali Elouaradia, Director, Office IV,
AD/CVD Operations, through Robert Bolling, Program Manager, AD/CVD
Operations Office IV, regarding ``Affiliation and Single Entity
Status of Golden Dragon Precise Copper Tube Group, Inc.; Golden
Dragon Holding (Hong Kong) International Co., Ltd.; Hong Kong GD
Trading Co., Ltd.; Shanghai Longyang Precise Copper Compound Copper
Tube Co., Ltd.; Jiangsu Canghuan Copper Industry Co., Ltd.;
Guangdong Longfeng Precise Copper Tube Co., Ltd.; Wuxi Jinlong
Chuancun Precise Copper Tube Co., Ltd.; Longkou Longpeng Precise
Copper Tube Co., Ltd.; Xinxiang Longxiang Precise Copper Tube Co.,
Ltd.; Coaxian Ailun Metal Processing Co., Ltd.; and Chonqing Longyu
Precise Copper Tube Co., Ltd.,'' dated November 30, 2015.
\11\ See Memorandum to Abdelali Elouaradia, Director, Office IV,
AD/CVD Operations, through Robert Bolling, Program Manager, AD/CVD
Operations Office IV, regarding ``Affiliation and Single Entity
Status of (1) Hong Kong Hailiang Metal Trading Limited, (2) Zhejiang
Hailiang Co., Ltd., (3) Shanghai Hailiang Copper Co., Ltd., and (4)
Hailiang (Anhui) Copper Co., Ltd.,'' (``Hailiang Single Entity
Memorandum'') dated concurrently with this notice, for a full
discussion of the proprietary details of the Department's single-
entity analysis.
---------------------------------------------------------------------------
[[Page 95112]]
Moreover, based on the information presented in this review, we
preliminarily find that Golden Dragon and its group of affiliated
companies should be treated as a single entity and Hailiang and its
group of affiliated companies should be treated as a single entity for
purposes of this review pursuant to 19 CFR 351.401(f). Specifically,
pursuant to 19 CFR 351.401(f)(1), the Department preliminarily found
that the Golden Dragon companies are affiliated, have production
facilities for producing similar or identical products that would not
require substantial retooling of their respective facilities in order
to restructure manufacturing priorities, and there is a significant
potential for manipulation of price or production. The Department
reached a similar preliminarily decision with respect to Hailiang and
its affiliated companies. Additionally, the Department preliminarily
finds that among the Golden Dragon companies and among the Hailiang
companies, a significant potential for manipulation exists pursuant to
19 CFR 351.401(f)(2). For additional information, see Preliminary
Decision Memorandum and Hailiang Single Entity Memorandum.
Separate Rates
In the Initiation Notice, we informed parties of the opportunity to
request a separate rate.\12\ In proceedings involving non-market
economy (``NME'') countries, the Department begins with a rebuttable
presumption that all companies within the NME country are subject to
government control and, thus, should be assigned a single weighted-
average dumping margin. It is the Department's policy to assign all
exporters of merchandise subject to an administrative review involving
an NME country this single rate unless an exporter can demonstrate that
it is sufficiently independent so as to be entitled to a separate rate.
Companies that wanted to be considered for a separate rate in this
review were required to timely file a separate-rate application or a
separate-rate certification to demonstrate their eligibility for a
separate rate. Separate-rate applications and separate-rate
certifications were due to the Department within 30 calendar days of
the publication of the Initiation Notice.
---------------------------------------------------------------------------
\12\ See Initiation Notice.
---------------------------------------------------------------------------
In this review, nine companies for which a review was requested and
which remain under review did not submit separate-rate information to
rebut the presumption that they are subject to government control.
These companies are: Zhejiang Jiahe Pipes Inc., Sinochem Ningbo Ltd.,
Sinochem Ningbo Import & Export Co., Ltd., Ningbo Jintian Copper Tube
Co., Ltd., Zhejiang Naile Copper Co., Ltd., Guilin Lijia Metals Co.,
Ltd., Foshan Hua Hong Copper Tube Co., Ltd., Hong Kong Hailiang Metal,
and Taicang City Jinxin Copper Tube Co., Ltd. As further discussed in
the Preliminary Decision Memorandum,\13\ we preliminarily find that
these entities have not demonstrated that they operate free from
government control and thus are not eligible for a separate rate.
---------------------------------------------------------------------------
\13\ See Preliminary Determination Memorandum.
---------------------------------------------------------------------------
The Department preliminarily finds that information placed on the
record by the GD Single Entity \14\ and the Hailiang Single Entity \15\
demonstrates that these companies are entitled to separate rate status.
---------------------------------------------------------------------------
\14\ The GD Single Entity includes the following companies: (1)
Golden Dragon Precise Copper Tube Group, Inc.; (2) Golden Dragon
Holding (Hong Kong) International, Ltd.; (3) Hong Kong GD Trading
Co., Ltd.; (4) Shanghai Longyang Precise Copper Compound Copper Tube
Co., Ltd.; (5) Jiangsu Canghuan Copper Industry Co., Ltd.; (6)
Guangdong Longfeng Precise Copper Tube Co., Ltd.; (7) Wuxi Jinlong
Chuancun Precise Copper Tube Co., Ltd.; (8) Longkou Longpeng Precise
Copper Tube Co., Ltd.; (9) Xinxiang Longxiang Precise Copper Tube
Co., Ltd.; (10) Coaxian Ailun Metal Processing Co., Ltd.; and (11)
Chonqing Longyu Precise Copper Tube Co., Ltd. (the ``GD Single
Entity''). See section entitled, ``Preliminary Affiliation and
Single Entity Determination,'' below.
\15\ The Hailiang Single Entity includes the following
companies: (1) Hong Kong Hailiang Metal Trading Limited; (2)
Zhejiang Hailiang Co. Ltd.; (3) Shanghai Hailiang Copper Co., Ltd.;
and (4) Anhui Hailiang (the ``Hailiang Single Entity''). See section
entitled, ``Preliminary Affiliation and Single Entity
Determination,'' below.
---------------------------------------------------------------------------
PRC-Wide Entity
The Department's change in policy regarding conditional review of
the PRC-wide entity applies to this administrative review.\16\ Under
this policy, the PRC-wide entity will not be under review unless a
party specifically requests, or the Department self-initiates, a review
of the entity. Because no party requested a review of the PRC-wide
entity in this review, the entity is not under review and the entity's
rate (i.e., 60.85 percent) is not subject to change.\17\ Apart from the
GD Single Entity and Hailiang Single Entity companies discussed above,
the Department considers all other companies for which a review was
requested \18\ to be part of the PRC-wide entity. For additional
information, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\16\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\17\ See Seamless Refined Copper Pipe and Tube From the People's
Republic of China: Final Determination of Sales at Less Than Fair
Value, 75 FR 60725 (October 1, 2010).
\18\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 736 (January 7, 2016) (``Initiation
Notice'').
---------------------------------------------------------------------------
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Act. The Department calculated export prices and
constructed export prices in accordance with section 772 of the Act.
Because the PRC is a non-market economy country, within the meaning of
section 771(18) of the Act, the Department calculated normal value in
accordance with section 773(c) of the Act. For a full description of
the methodology underlying the preliminary results of this review, see
the Preliminary Decision Memorandum, which is hereby adopted by this
notice. A list of the topics included in the Preliminary Decision
Memorandum is included as an appendix to this notice.
The Preliminary Decision Memorandum is a public document and is
made available to the public via ACCESS. In addition, a complete
version of the Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily finds that the following weighted-
average dumping margins exist for the POR:
[[Page 95113]]
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Golden Dragon Precise Copper Tube Group, Inc./Golden 0.00
Dragon Holding (Hong Kong) International Co., Ltd./Hong
Kong GD Trading Co., Ltd./Shanghai Longyang Precise
Copper Compound Copper Tube Co., Ltd./Jiangsu Canghuan
Copper Industry Co., Ltd./Guangdong Longfeng Precise
Copper Tube Co., Ltd./Wuxi Jinlong Chuancun Precise
Copper Tube Co., Ltd./Longkou Longpeng Precise Copper
Tube Co., Ltd./Xinxiang Longxiang Precise Copper Tube
Co., Ltd./Coaxian Ailun Metal Processing Co., Ltd./
Chonqing Longyu Precise Copper Tube Co., Ltd...........
Hong Kong Hailiang Metal Trading Limited/Zhejiang 8.53
Hailiang Co., Ltd./Shanghai Hailiang Copper Co., Ltd./
Hailiang (Anhui) Copper Co., Ltd.......................
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose to parties the calculations
performed for these preliminary results of review within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs no later than 30
days after the date of publication of these preliminary results of
review.\19\ Rebuttal briefs may be filed no later than five days after
case briefs are due and may respond only to arguments raised in the
case briefs.\20\ A table of contents, list of authorities used, and an
executive summary of issues should accompany any briefs submitted to
the Department. The summary should be limited to five pages total,
including footnotes.
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\19\ See 19 CFR 351.309(c)(ii).
\20\ See 19 CFR 351.309(d).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice.\21\ Requests should contain the party's
name, address, and telephone number, the number of participants, and a
list of the issues to be discussed. Oral argument presentations will be
limited to issues raised in the briefs. If a request for a hearing is
made, the Department intends to hold the hearing at the U.S. Department
of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a
date and time to be determined.\22\ Parties should confirm by telephone
the date, time, and location of the hearing two days before the
scheduled date.
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\21\ See 19 CFR 351.310(c).
\22\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using ACCESS.\23\ An electronically filed document must
be received successfully in its entirety by the Department's electronic
records system, ACCESS, by 5 p.m. Eastern Time (``ET'') on the due
date. Documents excepted from the electronic submission requirements
must be filed manually (i.e., in paper form) with the APO/Dockets Unit
in Room 18022 and stamped with the date and time of receipt by 5 p.m.
ET on the due date.\24\
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\23\ See generally 19 CFR 351.303.
\24\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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Unless otherwise extended, the Department intends to issue the
final results of this administrative review, which will include the
results of its analysis of issues raised in any briefs, within 120 days
of publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of this review, the Department
will determine, and Customs and Border Protection (``CBP'') shall
assess, antidumping duties on all appropriate entries covered by this
review.\25\ The Department intends to issue assessment instructions to
CBP 15 days after the publication date of the final results of this
review. For assessment purposes, the Department applied the assessment
rate calculation method adopted in Assessment Rate Modification.\26\
For each individually examined respondent in this review whose
weighted-average dumping margin in the final results of review is not
zero or de minimis (i.e., less than 0.5 percent), the Department
intends to calculate importer-specific assessment rates, in accordance
with 19 CFR 351.212(b)(1).\27\ Where the respondent reported reliable
entered values, the Department intends to calculate importer- (or
customer)-specific ad valorem rates by aggregating the dumping margins
calculated for all U.S. sales to the importer- (or customer) and
dividing this amount by the total entered value of the sales to the
importer- (or customer).\28\ Where the Department calculates an
importer- (or customer)-specific weighted-average dumping margin by
dividing the total amount of dumping for reviewed sales to the
importer- (or customer) by the total sales quantity associated with
those transactions, the Department will direct CBP to assess importer-
(or customer)-specific assessment rates based on the resulting per-unit
rates.\29\ Where an importer- (or customer)- specific ad valorem or
per-unit rate is greater than de minimis, the Department will instruct
CBP to collect the appropriate duties at the time of liquidation.\30\
Where either the respondent's weighted average dumping margin is zero
or de minimis, or an importer (or customer-) specific ad valorem or
per-unit rate is zero or de minimis, the Department will instruct CBP
to liquidate appropriate entries without regard to antidumping
duties.\31\
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\25\ See 19 CFR 351.212(b)(1).
\26\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(``Assessment Rate Modification'') in the manner described in more
detail in the Preliminary Decision Memorandum.
\27\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(``Final Modification'').
\28\ See 19 CFR 351.212(b)(1).
\29\ Id.
\30\ See 19 CFR 351.212(b)(1).
\31\ See Final Modification at 8103.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.
Cash Deposit Requirements
The Department will instruct CBP to require a cash deposit equal to
the weighted-average amount by which the normal value exceeds U.S.
price. The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication
[[Page 95114]]
date of this notice, as provided by section 751(a)(2)(C) of the Act:
(1) For the exporters listed above, the cash deposit rate will be equal
to the weighted-average dumping margin established in the final results
of this review (except, if the rate is zero or de minimis, then the
cash deposit rate will be zero for that exporter); (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that have separate rates, the cash deposit rate will continue to be the
exporter-specific rate published for the most recently completed
segment of this proceeding; (3) for all PRC exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the rate for the PRC-wide entity;
and (4) for all non-PRC exporters of subject merchandise that have not
received their own rate, the cash deposit rate will be the rate
applicable to the PRC exporter that supplied that non-PRC exporter.
These deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: December 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
Summary
Background
Scope of the Order
Affiliation and Single-Entity Treatment
Discussion of the Methodology
Non-Market Economy Country Status
Surrogate Country and Surrogate Value Data
Separate Rates
Date of Sale
Comparisons to Normal Value
Determination of Comparison Method
Results of the Differential Pricing Analysis
U.S. Price
Export Price
Constructed Export Price
Value-Added Tax
Normal Value
Factor Valuations
Currency Conversion
Recommendation
[FR Doc. 2016-31156 Filed 12-23-16; 8:45 am]
BILLING CODE 3510-DS-P
