Phosphor Copper From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2016-2018, 28009-28011 [2019-12727]
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Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices
Specifically included within the scope of
these reviews are seamless pipes and redraw
hollows, less than or equal to 4.5 inches
(114.3 mm) in outside diameter, regardless of
wall-thickness, manufacturing process (hot
finished or cold-drawn), end finish (plain
end, beveled end, upset end, threaded, or
threaded and coupled), or surface finish.
The merchandise under review is currently
classifiable under items: 7304.10.10.20,
7304.10.50.20, 7304.19.10.20, 7304.19.50.20,
7304.31.30.00, 7304.31.60.50, 7304.39.00.16,
7304.39.00.20, 7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.51.50.05, 7304.51.50.60,
7304.59.60.00, 7304.59.80.10, 7304.59.80.15,
7304.59.80.20, and 7304.59.80.25 of the
Harmonized Tariff Schedule of the United
States (HTSUS). Although the HTSUS
classification is provided for convenience
and customs purposes, the written
description of the merchandise under review
is dispositive.
Specifications, Characteristics, and Uses:
Seamless pressure pipes are intended for the
conveyance of water, steam, petrochemicals,
chemicals, oil products, natural gas and other
liquids and gasses in industrial piping
systems. They may carry these substances at
elevated pressures and temperatures and may
be subject to the application of external heat.
Seamless carbon steel pressure pipe meeting
the ASTM A–106 standard may be used in
temperatures of up to 1000 degrees
Fahrenheit, at various American Society of
Mechanical Engineers (‘‘ASME’’) code stress
levels. Alloy pipes made to ASTM A–335
standard must be used if temperatures and
stress levels exceed those allowed for ASTM
A–106. Seamless pressure pipes sold in the
United States are commonly produced to the
ASTM A–106 standard.
Seamless standard pipes are most
commonly produced to the ASTM A–53
specification and generally are not intended
for high temperature service. They are
intended for the low temperature and
pressure conveyance of water, steam, natural
gas, air and other liquids and gasses in
plumbing and heating systems, air
conditioning units, automatic sprinkler
systems, and other related uses. Standard
pipes (depending on type and code) may
carry liquids at elevated temperatures but
must not exceed relevant ASME code
requirements. If exceptionally low
temperature uses or conditions are
anticipated, standard pipe may be
manufactured to ASTM A–333 or ASTM A–
334 specifications.
Seamless line pipes are intended for the
conveyance of oil and natural gas or other
fluids in pipe lines. Seamless line pipes are
produced to the API 5L specification.
Seamless water well pipe (ASTM A–589)
and seamless galvanized pipe for fire
protection uses (ASTM A–795) are used for
the conveyance of water.
Seamless pipes are commonly produced
and certified to meet ASTM A–106, ASTM
A–53, API 5L–B, and API 5L–X42
specifications. To avoid maintaining separate
production runs and separate inventories,
manufacturers typically triple or quadruple
certify the pipes by meeting the metallurgical
requirements and performing the required
tests pursuant to the respective
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specifications. Since distributors sell the vast
majority of this product, they can thereby
maintain a single inventory to service all
customers.
The primary application of ASTM A–106
pressure pipes and triple or quadruple
certified pipes is in pressure piping systems
by refineries, petrochemical plants, and
chemical plants. Other applications are in
power generation plants (electrical-fossil fuel
or nuclear), and in some oil field uses (on
shore and off shore) such as for separator
lines, gathering lines and metering runs. A
minor application of this product is for use
as oil and gas distribution lines for
commercial applications. These applications
constitute the majority of the market for the
subject seamless pipes. However, ASTM A–
106 pipes may be used in some boiler
applications.
Redraw hollows are any unfinished pipe or
‘‘hollow profiles’’ of carbon or alloy steel
transformed by hot rolling or cold drawing/
hydrostatic testing or other methods to
enable the material to be sold under ASTM
A–53, ASTM A–106, ASTM A–333, ASTM
A–334, ASTM A–335, ASTM A–589, ASTM
A–795, and API 5L specifications.
The scope of these reviews includes all
seamless pipe meeting the physical
parameters described above and produced to
one of the specifications listed above,
regardless of application, and whether or not
also certified to a non-covered specification.
Standard, line, and pressure applications and
the above-listed specifications are defining
characteristics of the scope of these reviews.
Therefore, seamless pipes meeting the
physical description above, but not produced
to the ASTM A–53, ASTM A–106, ASTM A–
333, ASTM A–334, ASTM A–335, ASTM A–
589, ASTM A–795, and API 5L specifications
shall be covered if used in a standard, line,
or pressure application.
For example, there are certain other ASTM
specifications of pipe which, because of
overlapping characteristics, could potentially
be used in ASTM A–106 applications. These
specifications generally include ASTM A–
161, ASTM A–192, ASTM A–210, ASTM A–
252, ASTM A–501, ASTM A–523, ASTM A–
524, and ASTM A–618. When such pipes are
used in a standard, line, or pressure pipe
application, such products are covered by the
scope of these reviews.
Specifically excluded from the scope of
these reviews are boiler tubing and
mechanical tubing, if such products are not
produced to ASTM A–53, ASTM A–106,
ASTM A–333, ASTM A–334, ASTM A–335,
ASTM A–589, ASTM A–795, and API 5L
specifications and are not used in standard,
line, or pressure pipe applications. In
addition, finished and unfinished OCTG are
excluded from the scope of these reviews, if
covered by the scope of another antidumping
duty order from the same country. If not
covered by such an OCTG order, finished and
unfinished OCTG are included in this scope
when used in standard, line, or pressure
applications.
With regard to the excluded products listed
above, the Department will not instruct
Customs to require end-use certification until
such time as petitioner or other interested
parties provide to the Department a
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28009
reasonable basis to believe or suspect that the
products are being used in a covered
application. If such information is provided,
we will require end-use certification only for
the product(s) (or specification(s)) for which
evidence is provided that such products are
being used in covered applications as
described above. For example, if, based on
evidence provided by petitioner, the
Department finds a reasonable basis to
believe or suspect that seamless pipe
produced to the A–161 specification is being
used in a standard, line or pressure
application, we will require end-use
certifications for imports of that
specification. Normally we will require only
the importer of record to certify to the end
use of the imported merchandise. If it later
proves necessary for adequate
implementation, we may also require
producers who export such products to the
United States to provide such certification on
invoices accompanying shipments to the
United States.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, our written description of the
merchandise subject to this scope is
dispositive.
[FR Doc. 2019–12726 Filed 6–14–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–885]
Phosphor Copper From the Republic
of Korea: Preliminary Results of
Antidumping Duty Administrative
Review; 2016–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that
Bongsan Co., Ltd. (Bongsan), the sole
producer or exporter subject to this
administrative review, has not made
sales of subject merchandise at less than
normal value during the October 14,
2016, through March 31, 2018 period of
review (POR). We invite interested
parties to comment on these preliminary
results.
DATES: Applicable June 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Cindy Robinson, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3797.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce is conducting an
administrative review of the
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Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices
antidumping duty order on phosphor
copper from Korea.1
On December 11, 2018, we postponed
the preliminary results of review of
review by 120 days until June 10, 2019.2
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.3 If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day.
Accordingly, the revised deadline for
the preliminary results is now June 10,
2019.
Scope of the Order
The merchandise subject to the Order
is phosphor copper and is currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under subheading 7405.00.1000. While
the HTSUS number is provided for
convenience and customs purposes, the
written product description is
dispositive. A full description of the
scope of the Order is contained in the
Preliminary Decision Memorandum.4
khammond on DSKBBV9HB2PROD with NOTICES
Methodology
Commerce is conducting this review
in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Export price is calculated in accordance
with section 772 of the Act. Normal
value is calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying our preliminary results, see
the Preliminary Decision Memorandum.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an Appendix to this notice.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
1 See Phosphor Copper from the Republic of
Korea: Antidumping Duty Order, 82 FR 18893
(April 24, 2017) (Order).
2 See Memorandum, ‘‘Phosphor Copper from The
Republic of Korea: Extension of Time Limit for
Preliminary Results of Antidumping Duty
Administrative Review; 2016/2018,’’ dated
December 11, 2018.
3 See memorandum to the record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
4 See the ‘‘Decision Memorandum for the
Preliminary Results of Antidumping Duty
Administrative Review: Phosphor Copper from the
Republic of Korea; 2016–2018,’’ dated concurrently
and hereby adopted by this notice (Preliminary
Decision Memorandum).
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16:34 Jun 14, 2019
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Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and ACCESS
is available to all parties in the Central
Records Unit, Room B–8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine the following
weighted-average dumping margin for
Bongsan for the period October 14,
2016, through March 31, 2018.
Producer or exporter
Weightedaverage
dumping
margin
(percent)
Bongsan Co., Ltd ........................
0.00
Assessment Rate
Upon issuance of the final results of
this review, Commerce shall determine,
and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
this review. If the weighted-average
dumping margin for Bongsan is not zero
or de minimis (i.e., less than 0.5
percent), then we will calculate
importer-specific ad valorem
antidumping duty assessment rates
based on the ratio of the total amount of
dumping calculated for each importer’s
examined sales to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1).5 If the
weighted-average dumping margin for
Bongsan is zero or de minimis in the
final results, or an importer-specific
assessment rate is zero or de minimis in
the final results, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For entries of subject merchandise
during the POR produced by Bongsan
for which it did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction, consistent with the
Final Modification for Reviews.6
5 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
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 for
Reviews).
6 Id. at 8102.
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We intend to issue instructions to
CBP 15 days after publication of the
final results of this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of phosphor copper from
Korea entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of the final
results in the Federal Register, as
provided by section 751(a)(2)(C) of the
Act: (1) The cash deposit rate for
Bongsan Co., Ltd. will be equal to the
weighted-average dumping margin
established in the final results of this
administrative review; (2) for
merchandise exported by producers or
exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published in a
completed segment for the most recent
period or review; (3) if the exporter is
not a firm covered in this review or the
original investigation, but the producer
is, the cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 8.43 percent, the all-others rate
established in the investigation.7 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed in these preliminary results
to parties in this proceeding within five
days of the date of publication of this
notice.8
Pursuant to 19 CFR 351.309(c)(ii),
interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
five days after the date for filing case
briefs.9 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;
7 See Phosphor Copper from the Republic of
Korea: Final Affirmative Determination of Sales at
Less Than Fair Value and Negative Final
Determination of Critical Circumstances, 82 FR
12433 (March 3, 2017).
8 See 19 CFR 351.224(b).
9 See 19 CFR 351.309(d).
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Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Notices
and (3) a table of authorities.10 All briefs
must be filed electronically using
ACCESS. An electronically filed
document must be received successfully
in its entirety by the established
deadline.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, within 30 days after the
date of publication of this notice.
Requests should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. If a
request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
We intend to issue the final results of
this administrative review, including
the results of our analysis of each of the
issues raised in written briefs, not later
than 120 days after the date of
publication of this notice in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Notification to Importers
This notice 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
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
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: June 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
khammond on DSKBBV9HB2PROD with NOTICES
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
10 See 19 CFR 351.309(c)(2) and (d)(2); and 19
CFR 351.303 (for general filing requirements).
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16:34 Jun 14, 2019
Jkt 247001
A. Comparisons to Normal Value
B. Date of Sale
C. Product Comparisons
D. Export Price
E. Normal Value
F. Cost of Production Analysis
G. Calculation of Normal Value Based on
Comparison Market Prices
H. Currency Conversion
V. Recommendation
[FR Doc. 2019–12727 Filed 6–14–19; 8:45 am]
BILLING CODE 3510–DS–P
28011
parties submitted ministerial error
allegations or comments on Cooper’s
allegation.
Scope of the Order
The products covered by the order are
certain passenger vehicle and light truck
tires from the China. A full description
of the scope of the order is contained in
the Amended Final Decision
Memorandum.3
Ministerial Errors
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–017]
Countervailing Duty Order on Certain
Passenger Vehicle and Light Truck
Tires From the People’s Republic of
China: Amended Final Results of
Countervailing Duty Administrative
Review; 2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is amending the final
results of the countervailing duty
administrative review of certain
passenger vehicle and light truck tires
(passenger tires) from the People’s
Republic of China (China) to correct a
ministerial error. The period of review
(POR) is January 1, 2016 through
December 31, 2016.
DATES: Applicable June 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, 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) 482–4261.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In accordance with section 751(a)(1)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.221(b)(5), on
April 25, 2019, Commerce published its
final results of the countervailing duty
administrative review of passenger tires
from China.1 On May 6, 2019, Cooper
(Kunshan) Tire Co., Ltd. (Cooper)
submitted a request to correct a clerical
error in the Final Results.2 No other
1 See Countervailing Duty Order on Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China: Final Results of
Countervailing Duty Administrative Review; 2016,
84 FR 17382 (April 25, 2019) (Final Results).
2 See Cooper’s Letter, ‘‘Certain Passenger Vehicle
and Light Truck Tires from the People’s Republic
of China/Allegation of A Ministerial Error,’’ dated
May 6, 2019 (Cooper Ministerial Comments).
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Section 751(h) of the Act and 19 CFR
351.224(f) define a ‘‘ministerial error’’ 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. As discussed in the
Amended Final Decision Memorandum,
Commerce finds that the error alleged
by Cooper constitutes a ministerial error
within the meaning of 19 CFR
351.224(f).4 Specifically, Commerce
made an error in the calculation of the
benefit to Cooper from the provision of
synthetic rubber and butadiene for less
than adequate remuneration.
In accordance with section 751(h) of
the Act and 19 CFR 351.224(e), we are
amending the Final Results to correct
the ministerial error. Specifically, we
are amending the net subsidy rates for
Cooper and the non-selected companies
under review.5 The revised net subsidy
rates are provided below.
Amended Final Results
As a result of correcting the
ministerial error, we determine that the
countervailable subsidy rates for the
producers/exporters under review are as
follows:
Company
Cooper (Kunshan) Tire Co., Ltd.
(Cooper) ..................................
Qingdao Sentury Tire Co. Ltd.
(Sentury) .................................
Subsidy
rate
(percent)
15.47
15.75
3 See Memorandum ‘‘Administrative Review of
the Countervailing Duty Order on Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China: Decision Memorandum for
Amended Final Results,’’ dated concurrently and
herby adopted by this notice (Amended Final
Decision Memorandum) for a full description of the
scope of the order.
4 Id. at 5.
5 Id. at 5–6. Because we relied on Cooper’s and
Qingdao Sentury Tire Co. Ltd.’s subsidy rates to
calculate the rate for non-selected companies under
review, we are revising the rate for non-selected
companies under review in these amended final
results. See Final Results at Appendix II for a list
of the non-selected companies under review.
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]]>Agencies
[Federal Register Volume 84, Number 116 (Monday, June 17, 2019)]
[Notices]
[Pages 28009-28011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12727]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-885]
Phosphor Copper From the Republic of Korea: Preliminary Results
of Antidumping Duty Administrative Review; 2016-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
Bongsan Co., Ltd. (Bongsan), the sole producer or exporter subject to
this administrative review, has not made sales of subject merchandise
at less than normal value during the October 14, 2016, through March
31, 2018 period of review (POR). We invite interested parties to
comment on these preliminary results.
DATES: Applicable June 17, 2019.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3797.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the
[[Page 28010]]
antidumping duty order on phosphor copper from Korea.\1\
---------------------------------------------------------------------------
\1\ See Phosphor Copper from the Republic of Korea: Antidumping
Duty Order, 82 FR 18893 (April 24, 2017) (Order).
---------------------------------------------------------------------------
On December 11, 2018, we postponed the preliminary results of
review of review by 120 days until June 10, 2019.\2\
---------------------------------------------------------------------------
\2\ See Memorandum, ``Phosphor Copper from The Republic of
Korea: Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review; 2016/2018,'' dated December
11, 2018.
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\3\ If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. Accordingly,
the revised deadline for the preliminary results is now June 10, 2019.
---------------------------------------------------------------------------
\3\ See memorandum to the record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is phosphor copper and is
currently classified in the Harmonized Tariff Schedule of the United
States (HTSUS) under subheading 7405.00.1000. While the HTSUS number is
provided for convenience and customs purposes, the written product
description is dispositive. A full description of the scope of the
Order is contained in the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See the ``Decision Memorandum for the Preliminary Results of
Antidumping Duty Administrative Review: Phosphor Copper from the
Republic of Korea; 2016-2018,'' dated concurrently and hereby
adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section 751
of the Tariff Act of 1930, as amended (the Act). Export price is
calculated in accordance with section 772 of the Act. Normal value is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our preliminary results, see
the Preliminary Decision Memorandum. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as an Appendix 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 ACCESS is available to all parties in the Central Records Unit,
Room B-8024 of the main Department of Commerce building. In addition, a
complete version of the Preliminary Decision memorandum can be accessed
directly at https://enforcement.trade.gov/frn/.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following weighted-average dumping margin for Bongsan for the period
October 14, 2016, through March 31, 2018.
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Bongsan Co., Ltd........................................... 0.00
------------------------------------------------------------------------
Assessment Rate
Upon issuance of the final results of this review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this review.
If the weighted-average dumping margin for Bongsan is not zero or de
minimis (i.e., less than 0.5 percent), then we will calculate importer-
specific ad valorem antidumping duty assessment rates based on the
ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\5\ If the weighted-average
dumping margin for Bongsan is zero or de minimis in the final results,
or an importer-specific assessment rate is zero or de minimis in the
final results, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
---------------------------------------------------------------------------
\5\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in 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 for
Reviews).
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For entries of subject merchandise during the POR produced by
Bongsan for which it did not know that its merchandise was destined for
the United States, we will instruct CBP to liquidate unreviewed entries
at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction, consistent with the Final
Modification for Reviews.\6\
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\6\ Id. at 8102.
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We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of phosphor copper from Korea entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results in the Federal Register, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Bongsan Co.,
Ltd. will be equal to the weighted-average dumping margin established
in the final results of this administrative review; (2) for merchandise
exported by producers or exporters not covered in this administrative
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published in
a completed segment for the most recent period or review; (3) if the
exporter is not a firm covered in this review or the original
investigation, but the producer is, the cash deposit rate will be the
rate established for the most recently completed segment of this
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
8.43 percent, the all-others rate established in the investigation.\7\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\7\ See Phosphor Copper from the Republic of Korea: Final
Affirmative Determination of Sales at Less Than Fair Value and
Negative Final Determination of Critical Circumstances, 82 FR 12433
(March 3, 2017).
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Disclosure and Public Comment
We intend to disclose the calculations performed in these
preliminary results to parties in this proceeding within five days of
the date of publication of this notice.\8\
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\8\ See 19 CFR 351.224(b).
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Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the date for filing
case briefs.\9\ 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;
[[Page 28011]]
and (3) a table of authorities.\10\ All briefs must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by the established deadline.
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\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.309(c)(2) and (d)(2); and 19 CFR 351.303
(for general filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, within 30 days after the date of
publication of this notice. Requests should contain: (1) The party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues to be discussed. If a request for a hearing is
made, parties will be notified of the time and date for the hearing to
be held at the U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
We intend to issue the final results of this administrative review,
including the results of our analysis of each of the issues raised in
written briefs, not later than 120 days after the date of publication
of this notice in the Federal Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice 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 review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
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: June 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
A. Comparisons to Normal Value
B. Date of Sale
C. Product Comparisons
D. Export Price
E. Normal Value
F. Cost of Production Analysis
G. Calculation of Normal Value Based on Comparison Market Prices
H. Currency Conversion
V. Recommendation
[FR Doc. 2019-12727 Filed 6-14-19; 8:45 am]
BILLING CODE 3510-DS-P
