Seamless Refined Copper Pipe and Tube From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2017-2018, 2708-2709 [2020-00647]

Download as PDF 2708 Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices Dated: January 9, 2020. 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. Preliminary Determination of No Shipments V. Verification VI. Discussion of the Methodology VII. Currency Conversion VIII. Recommendation [FR Doc. 2020–00639 Filed 1–15–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–964] Seamless Refined Copper Pipe and Tube From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2017– 2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that sales of seamless refined copper pipe and tube (copper pipe and tube) from the People’s Republic of China (China) were made at less than normal value during the period of review (POR), November 1, 2017 through October 31, 2018. We further find that each of the companies for which an administrative review was requested, and not withdrawn, failed to demonstrate eligibility for a separate rate; therefore, each is part of the Chinawide entity. DATES: Applicable January 16, 2020. FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5831. SUPPLEMENTARY INFORMATION: AGENCY: khammond on DSKJM1Z7X2PROD with NOTICES Background Commerce initiated this review on February 6, 2019.1 On September 18, 2019, Commerce published the Preliminary Results of this administrative review and invited 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 2159 (February 6, 2019) (Initiation Notice). VerDate Sep<11>2014 17:49 Jan 15, 2020 Jkt 250001 interested parties to comment on the Preliminary Results.2 These final results of administrative review cover two companies for which an administrative review was initiated and not rescinded.3 No party submitted case or rebuttal briefs. containing at least 97.5 percent by weight of copper, provided that the content by weight of any other element does not exceed the following limits: Scope of the Order 4 For the purpose of this order, the products covered are all seamless circular refined copper pipes and tubes, including redraw hollows, greater than or equal to six inches (152.4 mm) in length and measuring less than 12.130 inches (308.102 mm) (actual) in outside diameter (‘‘OD’’), regardless of wall thickness, bore (e.g., smooth, enhanced with inner grooves or ridges), manufacturing process (e.g., hot finished, cold-drawn, annealed), outer surface (e.g., plain or enhanced with grooves, ridges, fins, or gills), end finish (e.g., plain end, swaged end, flared end, expanded end, crimped end, threaded), coating (e.g., plastic, paint), insulation, attachments (e.g., plain, capped, plugged, with compression or other fitting), or physical configuration (e.g., straight, coiled, bent, wound on spools). The scope of this order covers, but is not limited to, seamless refined copper pipe and tube produced or comparable to the American Society for Testing and Materials (‘‘ASTM’’) ASTM–B42, ASTM–B68, ASTM–B75, ASTM–B88, ASTM–B88M, ASTM–B188, ASTM– B251, ASTM–B251M, ASTM–B280, ASTM–B302, ASTM–B306, ASTM–359, ASTM–B743, ASTM–B819, and ASTM– B903 specifications and meeting the physical parameters described therein. Also included within the scope of this order are all sets of covered products, including ‘‘line sets’’ of seamless refined copper tubes (with or without fittings or insulation) suitable for connecting an outdoor air conditioner or heat pump to an indoor evaporator unit. The phrase ‘‘all sets of covered products’’ denotes any combination of items put up for sale that is comprised of merchandise subject to the scope. ‘‘Refined copper’’ is defined as: (1) Metal containing at least 99.85 percent by weight of copper; or (2) metal Ag—Silver ....................... As—Arsenic .................... Cd—Cadmium ................ Cr—Chromium ................ Mg—Magnesium ............. Pb—Lead ........................ S—Sulfur ........................ Sn—Tin ........................... Te—Tellurium ................. Zn—Zinc ......................... Zr—Zirconium ................. Other elements (each) .... 2 See Seamless Refined Copper Pipe and Tube from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Review, in Part; 2017– 2018, 84 FR 49095 (September 18, 2019) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 3 See Preliminary Results, 84 FR at 49096–49097. 4 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 20, 2010) (Order). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Element Limiting content percent by weight 0.25 0.5 1.3 1.4 0.8 1.5 0.7 0.8 0.8 1.0 0.3 0.3 Excluded from the scope of this order are all seamless circular hollows of refined copper less than 12 inches in length whose OD (actual) exceeds its length. The products subject to this order are currently classifiable under subheadings 7411.10.1030 and 7411.10.1090 of the HTSUS. Products subject to this order may also enter under HTSUS subheadings 7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Analysis of Comments Received No interested party submitted comments on the Preliminary Results. Accordingly, Commerce did not modify its analysis from that presented in the Preliminary Results, and no decision memorandum accompanies this Federal Register notice.5 China-Wide Entity For the purposes of the final results of this administrative review, we continue to find that the Golden Dragon Entity 6 is part of the China-wide entity because: (1) It failed to respond to Commerce’s antidumping questionnaire after being selected as a mandatory respondent; and (2) we are unable to verify its separate rate status.7 We also continue to find that Sinochem Ningbo Import & Export Co., Ltd. is a part of the China-wide entity because it did not file a separate 5 For a detailed discussion of Commerce’s analysis, see Preliminary Results and accompanying Preliminary Decision Memorandum. 6 The Golden Dragon Entity is a collapsed entity that encompasses three of the companies initiated upon in the Initiation Notice, i.e., Golden Dragon Holding (Hong Kong) International Co., Ltd., Golden Dragon Precise Copper Tube Group, Inc., and Hong Kong GD Trading Co, Ltd. See Preliminary Results, 84 FR at 49095. 7 Id. E:\FR\FM\16JAN1.SGM 16JAN1 Federal Register / Vol. 85, No. 11 / Thursday, January 16, 2020 / Notices rate application or a separate rate certification within 30 calendar days of the publication of the Initiation Notice. Commerce’s policy regarding conditional review of the China-wide entity applies to this administrative review.8 Under this policy, the Chinawide entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the entity. Because no party requested, and Commerce did not self-initiate, a review of the China-wide entity in the instant review, the entity is not under review; therefore, the entity’s current rate, i.e., 60.85 percent,9 is not subject to change. Assessment Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, amended (the Act) and 19 CFR 351.212(b), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review in the Federal Register. Consistent with Commerce’s assessment practice in non-market economy cases, if Commerce determines that an exporter under review had no shipments of subject merchandise, any suspended entries that entered under the exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the China-wide rate.10 khammond on DSKJM1Z7X2PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed Chinese and non-Chinese exporters that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding in which the exporter was reviewed; (2) for all Chinese exporters of subject merchandise which have not 8 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, 65970 (November 4, 2013). 9 See Preliminary Results, 84 FR at 49096. 10 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). VerDate Sep<11>2014 17:49 Jan 15, 2020 Jkt 250001 been found to be entitled to a separate rate, the cash deposit rate will be that established for the China-wide entity, which is 60.85 percent; and (3) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter with the subject merchandise. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers Notification to Interested Parties Regarding Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing notice of these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: January 7, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–00647 Filed 1–15–20; 8:45 am] PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–601] Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Results of Antidumping Duty Administrative Review; and Amended Final Results of Antidumping Duty Administrative Review; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 18, 2019, the United States Court of International Trade (the Court) sustained the final results of redetermination pertaining to the antidumping duty (AD) administrative review of tapered roller bearings and parts thereof, finished and unfinished (TRBs), from the People’s Republic of China (China) covering the period of review (POR) from June 1, 2015 through May 31, 2016. The Department of Commerce (Commerce) is notifying the public that the final judgment in this case is not in harmony with the Final Results in the 2015–2016 administrative review of TRBs from China, and that Commerce is amending the Final Results with respect to the assignment of a separate rate to Zhejiang Zhaofeng Mechanical and Electronic Co., Ltd. (Zhaofeng). DATES: Applicable December 28, 2019. FOR FURTHER INFORMATION CONTACT: Andrew Medley or Alex Wood, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4987 or (202) 482–1959, respectively. SUPPLEMENTARY INFORMATION: AGENCY: This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties and/or countervailing duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. BILLING CODE 3510–DS–P 2709 Background On January 10, 2018, Commerce published the Final Results of the 2015– 2016 AD administrative review of TRBs from China, in which Commerce determined that Zhaofeng was not eligible for a separate rate because it had misrepresented its reported U.S. sales data.1 The Final Results were appealed to the Court by Zhaofeng, and on December 27, 2018, the Court held that 1 See Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, and Rescission of New Shipper Review; 2015–2016, 83 FR 1238 (January 10, 2018) (Final Results), and accompanying Issues and Decision Memorandum (IDM) at Comments 1 and 2. E:\FR\FM\16JAN1.SGM 16JAN1

Agencies

[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2708-2709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00647]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-964]


Seamless Refined Copper Pipe and Tube From the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review; 
2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) finds that sales of 
seamless refined copper pipe and tube (copper pipe and tube) from the 
People's Republic of China (China) were made at less than normal value 
during the period of review (POR), November 1, 2017 through October 31, 
2018. We further find that each of the companies for which an 
administrative review was requested, and not withdrawn, failed to 
demonstrate eligibility for a separate rate; therefore, each is part of 
the China-wide entity.

DATES: Applicable January 16, 2020.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-5831.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce initiated this review on February 6, 2019.\1\ On September 
18, 2019, Commerce published the Preliminary Results of this 
administrative review and invited interested parties to comment on the 
Preliminary Results.\2\ These final results of administrative review 
cover two companies for which an administrative review was initiated 
and not rescinded.\3\ No party submitted case or rebuttal briefs.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 2159 (February 6, 2019) (Initiation 
Notice).
    \2\ See Seamless Refined Copper Pipe and Tube from the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review and Rescission of Review, in Part; 2017-2018, 
84 FR 49095 (September 18, 2019) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \3\ See Preliminary Results, 84 FR at 49096-49097.
---------------------------------------------------------------------------

Scope of the Order 4
---------------------------------------------------------------------------

    \4\ 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 20, 2010) (Order).
---------------------------------------------------------------------------

    For the purpose of this order, the products covered are all 
seamless circular refined copper pipes and tubes, including redraw 
hollows, greater than or equal to six inches (152.4 mm) in length and 
measuring less than 12.130 inches (308.102 mm) (actual) in outside 
diameter (``OD''), regardless of wall thickness, bore (e.g., smooth, 
enhanced with inner grooves or ridges), manufacturing process (e.g., 
hot finished, cold-drawn, annealed), outer surface (e.g., plain or 
enhanced with grooves, ridges, fins, or gills), end finish (e.g., plain 
end, swaged end, flared end, expanded end, crimped end, threaded), 
coating (e.g., plastic, paint), insulation, attachments (e.g., plain, 
capped, plugged, with compression or other fitting), or physical 
configuration (e.g., straight, coiled, bent, wound on spools).
    The scope of this order covers, but is not limited to, seamless 
refined copper pipe and tube produced or comparable to the American 
Society for Testing and Materials (``ASTM'') ASTM-B42, ASTM-B68, ASTM-
B75, ASTM-B88, ASTM-B88M, ASTM-B188, ASTM-B251, ASTM-B251M, ASTM-B280, 
ASTM-B302, ASTM-B306, ASTM-359, ASTM-B743, ASTM-B819, and ASTM-B903 
specifications and meeting the physical parameters described therein. 
Also included within the scope of this order are all sets of covered 
products, including ``line sets'' of seamless refined copper tubes 
(with or without fittings or insulation) suitable for connecting an 
outdoor air conditioner or heat pump to an indoor evaporator unit. The 
phrase ``all sets of covered products'' denotes any combination of 
items put up for sale that is comprised of merchandise subject to the 
scope.
    ``Refined copper'' is defined as: (1) Metal containing at least 
99.85 percent by weight of copper; or (2) metal containing at least 
97.5 percent by weight of copper, provided that the content by weight 
of any other element does not exceed the following limits:

------------------------------------------------------------------------
                                                        Limiting content
                       Element                         percent by weight
------------------------------------------------------------------------
Ag--Silver...........................................               0.25
As--Arsenic..........................................                0.5
Cd--Cadmium..........................................                1.3
Cr--Chromium.........................................                1.4
Mg--Magnesium........................................                0.8
Pb--Lead.............................................                1.5
S--Sulfur............................................                0.7
Sn--Tin..............................................                0.8
Te--Tellurium........................................                0.8
Zn--Zinc.............................................                1.0
Zr--Zirconium........................................                0.3
Other elements (each)................................                0.3
------------------------------------------------------------------------

    Excluded from the scope of this order are all seamless circular 
hollows of refined copper less than 12 inches in length whose OD 
(actual) exceeds its length. The products subject to this order are 
currently classifiable under subheadings 7411.10.1030 and 7411.10.1090 
of the HTSUS. Products subject to this order may also enter under HTSUS 
subheadings 7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this order is 
dispositive.

Analysis of Comments Received

    No interested party submitted comments on the Preliminary Results. 
Accordingly, Commerce did not modify its analysis from that presented 
in the Preliminary Results, and no decision memorandum accompanies this 
Federal Register notice.\5\
---------------------------------------------------------------------------

    \5\ For a detailed discussion of Commerce's analysis, see 
Preliminary Results and accompanying Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

China-Wide Entity

    For the purposes of the final results of this administrative 
review, we continue to find that the Golden Dragon Entity \6\ is part 
of the China-wide entity because: (1) It failed to respond to 
Commerce's antidumping questionnaire after being selected as a 
mandatory respondent; and (2) we are unable to verify its separate rate 
status.\7\ We also continue to find that Sinochem Ningbo Import & 
Export Co., Ltd. is a part of the China-wide entity because it did not 
file a separate

[[Page 2709]]

rate application or a separate rate certification within 30 calendar 
days of the publication of the Initiation Notice.
---------------------------------------------------------------------------

    \6\ The Golden Dragon Entity is a collapsed entity that 
encompasses three of the companies initiated upon in the Initiation 
Notice, i.e., Golden Dragon Holding (Hong Kong) International Co., 
Ltd., Golden Dragon Precise Copper Tube Group, Inc., and Hong Kong 
GD Trading Co, Ltd. See Preliminary Results, 84 FR at 49095.
    \7\ Id.
---------------------------------------------------------------------------

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\8\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the entity. Because 
no party requested, and Commerce did not self-initiate, a review of the 
China-wide entity in the instant review, the entity is not under 
review; therefore, the entity's current rate, i.e., 60.85 percent,\9\ 
is not subject to change.
---------------------------------------------------------------------------

    \8\ 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, 65970 (November 4, 
2013).
    \9\ See Preliminary Results, 84 FR at 49096.
---------------------------------------------------------------------------

Assessment

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, amended 
(the Act) and 19 CFR 351.212(b), Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with the 
final results of this review. Commerce intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of review in the Federal Register. Consistent with Commerce's 
assessment practice in non-market economy cases, if Commerce determines 
that an exporter under review had no shipments of subject merchandise, 
any suspended entries that entered under the exporter's case number 
(i.e., at that exporter's rate) will be liquidated at the China-wide 
rate.\10\
---------------------------------------------------------------------------

    \10\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For previously 
investigated or reviewed Chinese and non-Chinese exporters that 
received a separate rate in a prior segment of this proceeding, the 
cash deposit rate will continue to be the exporter-specific rate 
published for the most recently completed segment of this proceeding in 
which the exporter was reviewed; (2) for all Chinese exporters of 
subject merchandise which have not been found to be entitled to a 
separate rate, the cash deposit rate will be that established for the 
China-wide entity, which is 60.85 percent; and (3) for all non-Chinese 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the Chinese 
exporter that supplied that non-Chinese exporter with the subject 
merchandise. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties and/or countervailing 
duties prior to liquidation of the relevant entries during this POR. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping duties and/or 
countervailing duties occurred and the subsequent assessment of doubled 
antidumping duties.

Notification to Interested Parties Regarding Administrative Protective 
Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing notice of these final results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: January 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-00647 Filed 1-15-20; 8:45 am]
 BILLING CODE 3510-DS-P
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