Seamless Refined Copper Pipe and Tube From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Negative Determination of Critical Circumstances, 7698-7700 [2021-02082]

Download as PDF 7698 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices of Initiation of Five-Year Sunset Reviews (Sunset Review). Department contact Antidumping Duty Proceedings Pressure Sensitive Plastic Tape from Italy A–475–059 (5th Review) ......................................................... Countervailing Duty Proceedings No Sunset Review of countervailing duty orders is scheduled for initiation in March 2021. Suspended Investigations No Sunset Review of suspended investigations is scheduled for initiation in March 2021. Commerce’s procedures for the conduct of Sunset Review are set forth in 19 CFR 351.218. The Notice of Initiation of Five-Year (Sunset) Review provides further information regarding what is required of all parties to participate in Sunset Review. Pursuant to 19 CFR 351.103(c), Commerce will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact Commerce in writing within 10 days of the publication of the Notice of Initiation. Please note that if Commerce receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. Note that Commerce has modified certain of its requirements for serving documents containing business proprietary information, until further notice.1 This notice is not required by statute but is published as a service to the international trading community. Dated: January 14, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–02077 Filed 1–29–21; 8:45 am] BILLING CODE 3510–DS–P 1 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 DEPARTMENT OF COMMERCE International Trade Administration [A–552–831] Seamless Refined Copper Pipe and Tube From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Negative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that imports of seamless refined copper pipe and tube (copper pipe and tube) from the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2019, through March 31, 2020. Interested parties are invited to comment on this preliminary determination. DATES: Applicable February 1, 2021. FOR FURTHER INFORMATION CONTACT: Ariela Garvett, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3609. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this LTFV investigation on August 4, 2020.1 On November 18, 2020, Commerce postponed the preliminary determination of this investigation and the revised deadline is now January 26, 2021.2 For a complete description of the 1 See Seamless Refined Copper Pipe and Tube from the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigation, 85 FR 47181 (August 4, 2020) (Initiation Notice). 2 See Seamless Refined Copper Pipe and Tube from the Socialist Republic of Vietnam: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Mary Kolberg, (202) 482–1785. events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The products covered by this investigation are copper pipe and tube from Vietnam. For a full description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 Commerce received no comments from interested parties regarding the scope of this investigation. Accordingly, Commerce has not modified the scope language as it appeared in the Initiation Notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation, 85 FR 73459 (November 18, 2020). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Seamless Refined Copper Pipe and Tube from the Socialist Republic of Vietnam,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices with section 772(a) of the Act. Because Vietnam is a non-market economy within the meaning of section 771(18) of the Act, Commerce has calculated normal value (NV) in accordance with section 773(c) of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Preliminary Negative Determination of Critical Circumstances In accordance with sections 733(e)(1)(A)(i) and (ii) of the Act, and 19 CFR 351.206, Commerce preliminary finds that critical circumstances do not exist for Hailiang (Vietnam) Copper Manufacturing Company Limited/ Hongkong Hailiang Metal Trading Limited, for the non-individually investigated companies qualifying for a separate rate, and for the Vietnam-wide entity. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice,6 Commerce explained that it would calculate producer/exporter combination rates for the respondents that are eligible for a separate rate in this investigation.7 Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist for the POI: Estimated weightedaverage dumping margin (percent) Producer Exporter Hailiang (Vietnam) Copper Manufacturing Company Limited/ Hongkong Hailiang Metal Trading Limited (aka Hong Kong Hailiang Metal Trading Limited). Jintian Copper Industrial (Vietnam) Company Limited. (aka Jintian Copper Industrial (Vietnam) Co., Ltd). Toan Phat Copper Tube Joint Stock Company ......................... Hailiang (Vietnam) Copper Manufacturing Company Limited/ Hongkong Hailiang Metal Trading Limited (aka Hong Kong Hailiang Metal Trading Limited). Jintian Copper Industrial (Vietnam) Company Limited. (aka Jintian Copper Industrial (Vietnam) Co., Ltd). Toan Phat Copper Tube Joint Stock Company ........................ Vietnam-wide Entity Suspension of Liquidation In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the weighted average amount by which NV exceeds U.S. price, as indicated in the table above as follows: (1) For the producer/exporter combinations listed in the table above, the cash deposit rate is equal to the estimated weightedaverage dumping margin listed for that combination in the table; (2) for all combinations of Vietnam producers/ exporters of the merchandise under consideration that have not established eligibility for their own separate rate, the cash deposit rate will be equal to the estimated weighted-average dumping margin established for the Vietnamwide entity; and (3) for all third-country exporters of merchandise under 6 See Initiation Notice. Policy Bulletin No. 05.1, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy 7 See VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Normally, Commerce verifies information using standard procedures, including an onsite examination of original accounting, financial, and sales documentation. However, due to current travel restrictions in response to the global COVID–19 pandemic, Commerce is unable to conduct on-site verification in Bulletin 05.1), available on Commerce’s website at http://enforcement.trade.gov/policy/bull05-1.pdf. 8 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). Frm 00012 Fmt 4703 8.05 8.05 8.05 8.05 consideration not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Vietnam producer/exporter combination (or the Vietnam-wide entity) that supplied that third-country exporter. These suspension of liquidation instructions will remain in effect until further notice. PO 00000 7699 Sfmt 4703 this investigation. Accordingly, we intend to verify the information relied upon in making the final determination through alternative means in lieu of an on-site verification. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. A timeline for the submission of case briefs and written comments on non-scope issues will be announced at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline for case briefs.8 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.9 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a 9 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). E:\FR\FM\01FEN1.SGM 01FEN1 7700 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices hearing, limited to issues raised in the case and rebuttal briefs, 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. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date and time of the hearing two days before the scheduled date of the hearing. International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports materially injure, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c). Dated: January 26, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The products covered by this investigation are all seamless circular refined copper pipes and tubes, including redraw hollows, greater than or equal to 6 inches (152.4 mm) in actual length and measuring less than 12.130 inches (308.102 mm) in actual 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 investigation 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– VerDate Sep<11>2014 16:57 Jan 29, 2021 Jkt 253001 B280, ASTM–B302, ASTM–B306, ASTM– B359, ASTM–B743, ASTM–B819, and ASTM–B903 specifications and meeting the physical parameters described therein. Also included within the scope of this investigation 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 actual weight of copper; or (2) metal containing at least 97.5 percent by actual weight of copper, provided that the content by actual weight of any other element does not exceed the following limits: Limiting content percent by weight Element Ag—Silver ............................. As—Arsenic .......................... Cd—Cadmium ...................... Cr—Chromium ...................... Mg—Magnesium ................... Pb—Lead .............................. S—Sulfur .............................. Sn—Tin ................................. Te—Tellurium ....................... Zn—Zinc ............................... Zr—Zirconium ....................... Other elements (each) .......... 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 investigation are all seamless circular hollows of refined copper less than 12 inches in actual length whose actual OD exceeds its actual length. The products subject to this investigation are currently classifiable under subheadings 7411.10.1030 and 7411.10.1090 of the Harmonized Tariff Schedule of the United States (HTSUS). Products subject to the investigation may also enter under HTSUS subheadings 7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Negative Preliminary Determination of Critical Circumstances VI. Affiliation and Single Entity Treatment VII. Discussion of the Methodology VIII. Currency Conversion IX. Recommendation [FR Doc. 2021–02082 Filed 1–29–21; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–475–818] Certain Pasta From Italy: Notice of Partial Rescission of Antidumping Duty Administrative Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding, in part, the antidumping duty administrative review of the antidumping duty order on certain pasta from Italy for the period July 1, 2019, through June 30, 2020. DATES: Applicable February 1, 2021. FOR FURTHER INFORMATION CONTACT: Jonathan Hall-Eastman or John Hoffner, 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) 482–1468 or (202) 482–3315, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 1, 2020, Commerce published a notice of opportunity to request an administrative review of the antidumping duty order on certain pasta from Italy.1 Pursuant to requests from interested parties, and in accordance with section 751(a) of the Tariff Act of 1930, amended (the Act), Commerce published in the Federal Register the notice of initiation of an antidumping duty administrative review with respect to the following companies covering the period July 1, 2019, through June 30, 2020: Agritalia S.r.l. (Agritalia); Armonie D’Italia srl (Armonie D’Italia); F. Divella S.p.A. (F. Divella); La Molisana S.p.A. (La Molisana); Liguori Pastificio dal 1820 S.p.A. (Pasta Liguori); Pasta Castiglioni; Pasta Zara S.p.A. (Pasta Zara); Pastificio C.A.M.S. Srl (Pastificio C.A.M.S.); Pastificio Della Forma S.r.l (Pastificio Della Forma); Pastificio Fratelli De Luca S.r.l. (Fratelli De Luca); and Rummo S.p.A. (Rummo).2 On December 2, 2020, Rummo timely withdrew its request to review Rummo and its subsidiary Pasta Castiglioni.3 No 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 85 FR 39531 (July 1, 2020). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 54983 (September 3, 2020) (Initiation Notice). 3 See Rummo’s Letter, ‘‘Antidumping Duty Review of Certain Pasta from Italy: The Rummo Group Withdrawal of Request for Review,’’ dated December 2, 2020. E:\FR\FM\01FEN1.SGM 01FEN1

Agencies

[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Notices]
[Pages 7698-7700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02082]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-831]


Seamless Refined Copper Pipe and Tube From the Socialist Republic 
of Vietnam: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value and Preliminary Negative Determination of Critical 
Circumstances

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that imports of seamless refined copper pipe and tube (copper pipe and 
tube) from the Socialist Republic of Vietnam (Vietnam) are being, or 
are likely to be, sold in the United States at less than fair value 
(LTFV). The period of investigation (POI) is October 1, 2019, through 
March 31, 2020. Interested parties are invited to comment on this 
preliminary determination.

DATES: Applicable February 1, 2021.

FOR FURTHER INFORMATION CONTACT: Ariela Garvett, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3609.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this LTFV investigation on August 
4, 2020.\1\ On November 18, 2020, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
January 26, 2021.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn/. The signed 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Seamless Refined Copper Pipe and Tube from the Socialist 
Republic of Vietnam: Initiation of Less-Than-Fair-Value 
Investigation, 85 FR 47181 (August 4, 2020) (Initiation Notice).
    \2\ See Seamless Refined Copper Pipe and Tube from the Socialist 
Republic of Vietnam: Postponement of Preliminary Determination in 
the Less-Than-Fair-Value Investigation, 85 FR 73459 (November 18, 
2020).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Seamless 
Refined Copper Pipe and Tube from the Socialist Republic of 
Vietnam,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are copper pipe and tube 
from Vietnam. For a full description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Commerce received 
no comments from interested parties regarding the scope of this 
investigation. Accordingly, Commerce has not modified the scope 
language as it appeared in the Initiation Notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance

[[Page 7699]]

with section 772(a) of the Act. Because Vietnam is a non-market economy 
within the meaning of section 771(18) of the Act, Commerce has 
calculated normal value (NV) in accordance with section 773(c) of the 
Act. For a full description of the methodology underlying the 
preliminary determination, see the Preliminary Decision Memorandum.

Preliminary Negative Determination of Critical Circumstances

    In accordance with sections 733(e)(1)(A)(i) and (ii) of the Act, 
and 19 CFR 351.206, Commerce preliminary finds that critical 
circumstances do not exist for Hailiang (Vietnam) Copper Manufacturing 
Company Limited/Hongkong Hailiang Metal Trading Limited, for the non-
individually investigated companies qualifying for a separate rate, and 
for the Vietnam-wide entity. For a full description of the methodology 
and results of Commerce's critical circumstances analysis, see the 
Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice,\6\ Commerce explained that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation.\7\
---------------------------------------------------------------------------

    \6\ See Initiation Notice.
    \7\ See Policy Bulletin No. 05.1, ``Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigations 
involving Non-Market Economy Countries,'' (April 5, 2005) (Policy 
Bulletin 05.1), available on Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist for the POI:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
            Producer                     Exporter             average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Hailiang (Vietnam) Copper        Hailiang (Vietnam)                 8.05
 Manufacturing Company Limited/   Copper Manufacturing
 Hongkong Hailiang Metal          Company Limited/
 Trading Limited (aka Hong Kong   Hongkong Hailiang
 Hailiang Metal Trading           Metal Trading Limited
 Limited).                        (aka Hong Kong
                                  Hailiang Metal Trading
                                  Limited).
Jintian Copper Industrial        Jintian Copper                     8.05
 (Vietnam) Company Limited.       Industrial (Vietnam)
 (aka Jintian Copper Industrial   Company Limited. (aka
 (Vietnam) Co., Ltd).             Jintian Copper
                                  Industrial (Vietnam)
                                  Co., Ltd).
Toan Phat Copper Tube Joint      Toan Phat Copper Tube              8.05
 Stock Company.                   Joint Stock Company.
------------------------------------------------------------------------
                   Vietnam-wide Entity                              8.05
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register, as discussed below. 
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit equal 
to the weighted average amount by which NV exceeds U.S. price, as 
indicated in the table above as follows: (1) For the producer/exporter 
combinations listed in the table above, the cash deposit rate is equal 
to the estimated weighted-average dumping margin listed for that 
combination in the table; (2) for all combinations of Vietnam 
producers/exporters of the merchandise under consideration that have 
not established eligibility for their own separate rate, the cash 
deposit rate will be equal to the estimated weighted-average dumping 
margin established for the Vietnam-wide entity; and (3) for all third-
country exporters of merchandise under consideration not listed in the 
table above, the cash deposit rate is the cash deposit rate applicable 
to the Vietnam producer/exporter combination (or the Vietnam-wide 
entity) that supplied that third-country exporter. These suspension of 
liquidation instructions will remain in effect until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination. 
Normally, Commerce verifies information using standard procedures, 
including an on-site examination of original accounting, financial, and 
sales documentation. However, due to current travel restrictions in 
response to the global COVID-19 pandemic, Commerce is unable to conduct 
on-site verification in this investigation. Accordingly, we intend to 
verify the information relied upon in making the final determination 
through alternative means in lieu of an on-site verification.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. A timeline for the 
submission of case briefs and written comments on non-scope issues will 
be announced at a later date. Rebuttal briefs, limited to issues raised 
in case briefs, may be submitted no later than seven days after the 
deadline for case briefs.\8\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\9\ Pursuant to 
19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this investigation are encouraged to submit with 
each argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \9\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a

[[Page 7700]]

hearing, limited to issues raised in the case and rebuttal briefs, 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. Requests should contain the party's 
name, address, and telephone number, the number of participants, 
whether any participant is a foreign national, and a list of the issues 
to be discussed. If a request for a hearing is made, Commerce intends 
to hold the hearing at a time and date to be determined. Parties should 
confirm by telephone the date and time of the hearing two days before 
the scheduled date of the hearing.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports materially injure, or threaten material injury 
to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: January 26, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products covered by this investigation are all seamless 
circular refined copper pipes and tubes, including redraw hollows, 
greater than or equal to 6 inches (152.4 mm) in actual length and 
measuring less than 12.130 inches (308.102 mm) in actual 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 investigation 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-B359, ASTM-B743, ASTM-
B819, and ASTM-B903 specifications and meeting the physical 
parameters described therein.
    Also included within the scope of this investigation 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 actual weight of copper; or (2) metal containing at 
least 97.5 percent by actual weight of copper, provided that the 
content by actual 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 investigation are all seamless 
circular hollows of refined copper less than 12 inches in actual 
length whose actual OD exceeds its actual length.
    The products subject to this investigation are currently 
classifiable under subheadings 7411.10.1030 and 7411.10.1090 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Products 
subject to the investigation may also enter under HTSUS subheadings 
7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085. Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of the investigation 
is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Negative Preliminary Determination of Critical Circumstances
VI. Affiliation and Single Entity Treatment
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2021-02082 Filed 1-29-21; 8:45 am]
BILLING CODE 3510-DS-P