Seamless Refined Copper Pipe and Tube From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 33228-33231 [2021-13204]
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Notices
expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rates for the reviewed
companies will be the rates 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 for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original LTFV
investigation, but the producer is, the
cash deposit rate will be the rate
established for the most recent segment
of this proceeding for the producer of
the subject merchandise; (4) the cash
deposit rate for all other producers or
exporters will continue to be 8.91
percent,17 the all-others rate established
in the LTFV investigation. 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.
khammond on DSKJM1Z7X2PROD with NOTICES
Administrative Protective Order (APO)
This notice also serves as a reminder
to parties subject to APO of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
17 In the Preliminary Results, Commerce
inadvertently listed as the all-others rate the
estimated weighted-average dumping margin from
the antidumping duty order on carbon steel flanges
from India. See Finished Carbon Steel Flanges from
India: Final Determination of Sales at Less Than
Fair Value, 82 FR 29483 (June 29, 2017); see also
Order, 82 FR at 40136. We have revised our
reference to the all-others rate to reflect the cash
deposit rate, adjusted for subsidy offsets, as stated
in the Order.
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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 this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213(h) and 351.221(b)(5).
Dated: June 17, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes from the Preliminary Results
V. Discussion of the Issues
Comment 1: Adjustments to Gupta’s Costs
Comment 2: Gupta’s Reported Freight
Revenues
Comment 3: Constructed Value Profit and
Selling Expense Rates for Norma Group
VI. Recommendation
[FR Doc. 2021–13409 Filed 6–23–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–831]
Seamless Refined Copper Pipe and
Tube From the Socialist Republic of
Vietnam: Final Affirmative
Determination of Sales at Less Than
Fair Value and Final 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. Further,
Commerce finds that critical
circumstances do not exist.
DATES: Applicable June 24, 2021.
FOR FURTHER INFORMATION CONTACT:
Ariela Garvett, AD/CVD Operations,
AGENCY:
PO 00000
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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
On February 1, 2021, Commerce
published the Preliminary
Determination in the LTFV investigation
of copper pipe and tube from Vietnam.1
On February 8, 2021, Commerce
postponed the final determination of
this investigation to June 16, 2021.2 The
petitioners in this investigation are the
American Copper Tube Coalition and its
individual constituent members
(collectively, the petitioners).3 The sole
mandatory respondent in this
investigation is Hailiang (Vietnam)
Copper Manufacturing Company
Limited (Hailiang Vietnam),4 and in the
Preliminary Determination, Commerce
determined that Hailiang Vietnam and
Hongkong Hailiang Metal Trading
Limited (also known as Hong Kong
Hailiang Metal Trading Limited)
(Hongkong Hailiang) should be treated
as a single entity, collectively, Hailiang
Vietnam/Hongkong Hailiang.5 We
invited interested parties to comment on
the Preliminary Determination.6 A
summary of the events that occurred
since Commerce published the
Preliminary Determination may be
found in the Issues and Decision
Memorandum.7
The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
1 See 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, 86 FR 7698 (February 1,
2021) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
2 See Seamless Refined Copper Pipe and Tube
from the Socialist Republic of Vietnam:
Postponement of Final Determination in the LessThan-Fair-Value Investigation, 86 FR 8588
(February 8, 2021).
3 The members of the American Copper Tube
Coalition are Mueller Copper Tube Products, Inc.;
Mueller Copper Tube West Co.; Mueller Copper
Tube Company, Inc.; Howell Metal Company; and
Linesets, Inc. and Cerro Flow Products, LLC.
4 See Memorandum, ‘‘Selection of Mandatory
Respondents for Individual Examination,’’ dated
September 8, 2020
5 See Memorandum, ‘‘Affiliation and Single
Entity Treatment Memorandum,’’ dated January 26,
2021.
6 See Preliminary Determination.
7 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
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 (Issues and Decision Memorandum).
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Notices
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 Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/.
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
Commerce received no comments
from interested parties regarding the
scope of this investigation. Accordingly,
Commerce has not modified the scope
language from the Preliminary
Determination.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of the issues
addressed in the Issues and Decision
Memorandum is attached to this notice
at Appendix II.
Verification
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Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of an on-site verification to verify
the information relied upon in making
this final determination, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act).8
Methodology
Commerce conducted this
investigation in accordance with section
731 of the Act. Export price was
calculated in accordance with section
772(a) of the Act. Constructed export
price was calculated in accordance with
section 772(b) of the Act. Because
Vietnam is a non-market economy
within the meaning of section 771(18) of
the Act, normal value was calculated in
accordance with section 773(c) of the
Act. For a full description of the
methodology underlying Commerce’s
determination, see the Preliminary
Decision Memorandum; see also the
Issues and Decision Memorandum.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, the information
received in lieu of on-site verification,
and our analysis of the ministerial error
allegations,9 we made certain changes to
the margin calculations for Hailiang
Vietnam/Hongkong Hailiang. For a
discussion of these changes, see the
Issues and Decision Memorandum and
the Final Analysis Memorandum.10 In
light of these changes to the margin
calculations and the resulting revised
estimated weighted-average dumping
margin for Hailiang Vietnam/Hongkong
Hailiang, we have also revised the rates
assigned to companies eligible for a
separate rate and to the Vietnam-wide
entity.11
Final Negative Determination of
Critical Circumstances
Commerce preliminarily determined
that critical circumstances did not exist
for Hailiang Vietnam/Hongkong
Hailiang, the non-individually
investigated companies qualifying for a
separate rate, and the Vietnam-wide
entity.12 No parties submitted
comments regarding our negative
preliminary critical circumstances
determination. For this final
determination, Commerce revised its
surge analysis to include all months for
which U.S. import data are available.
For the final determination, in
accordance with section 735(a)(3) of the
Act and 19 CFR 351.206, Commerce
continues to find that critical
circumstances do not exist for Hailiang
Vietnam/Hongkong Hailiang, the nonindividually investigated companies
qualifying for a separate rate, and the
Vietnam-wide entity. For a full
description of the methodology and
results of Commerce’s critical
circumstances analysis, see the Issues
and Decision Memorandum and the
Final Critical Circumstances Surge
Analysis Memorandum.13
Separate Rates
No party commented on our
preliminary separate rate
determinations with respect to the
mandatory respondent and the nonindividually examined companies.
Thus, there is no basis to reconsider the
Preliminary Determination with respect
to separate rate status for this final
determination.
Combination Rates
As explained in the Initiation Notice
and implemented in the Preliminary
Determination, we have continued to
calculate producer/exporter
combination rates for the respondents
that are eligible for a separate rate.14
Policy Bulletin 05.1 describes this
practice.15
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Estimated
weighted-average 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 ........................
8 See Commerce’s Letter, Remote Verification
Questionnaire, dated February 22, 2021.
9 See Memorandum, ‘‘Allegation of Ministerial
Errors in the Preliminary Determination,’’ dated
February 22, 2021.
10 See Memorandum, ‘‘Final Determination
Calculations for Hailiang Vietnam/Hongkong
Hailiang,’’ dated concurrently with this
memorandum (Final Analysis Memorandum).
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11 See Preliminary Determination Preliminary
Decision Memorandum at 28.
12 See Preliminary Determination.
13 See Memorandum, ‘‘Final Critical
Circumstances Surge Analysis,’’ dated concurrently
with this memorandum (Final Critical
Circumstances Surge Analysis Memorandum).
14 Id.; see also Seamless Refined Copper Pipe and
Tube from the Socialist Republic of Vietnam:
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33229
8.35
8.35
8.35
Initiation of Less-Than-Fair-Value Investigation, 85
FR 47181 (August 4, 2020) (Initiation Notice).
15 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘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
https://enforcement.trade.gov/policy/bull05-1.pdf.
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Notices
Producer
Estimated
weighted-average dumping
margin
(Percent)
Exporter
Vietnam-Wide Entity
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Disclosure
Commerce intends to disclose to
interested parties under Administrative
Protective Order (APO), the calculations
performed in connection with this final
determination within five days of its
public announcement or, if there is no
public announcement, within five days
of the date of publication of the notice
of final determination in the Federal
Register, in accordance with 19 CFR
351.224(b).
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
copper pipe and tube from Vietnam, as
described in Appendix I of this notice,
which are entered, or withdrawn from
warehouse, for consumption on or after
February 1, 2021, the date of publication
of the Preliminary Determination in the
Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), upon
publication of this notice, Commerce
will instruct CBP to require a cash
deposit for estimated antidumping
duties for such entries as follows: (1)
For the exporter/producer 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 Vietnamese
exporters/producers not listed in the
above table, the cash deposit rate is
equal to the estimated weighted-average
dumping margin listed in the table for
the Vietnam-wide entity; and (3) for all
third-country exporters, the cash
deposit rate is equal to the cash deposit
rate applicable to the Vietnamese
exporter/producer combination (or the
Vietnam-wide entity) that supplied that
third-country exporter.
These suspension of liquidation
instructions will remain in effect until
further notice.
International Trade Commission (ITC)
Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of the
final affirmative determination of sales
at LTFV. Because the final
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8.35
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of subject copper pipe and
tube, no later than 45 days after this
final determination. If the ITC
determines that such injury does not
exist, this proceeding will be
terminated, and all cash deposited for
antidumping duties will be refunded. If
the ITC determines that such injury
does exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Notification Regarding APO
This notice serves as a reminder to the
parties subject to APO of their
responsibility concerning the
disposition of propriety information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or,
alternatively, conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation that
is subject to sanction.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 735(d)
and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: June 16, 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
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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:
Element
Ag—Silver ...................................
As—Arsenic ................................
Cd—Cadmium ............................
Cr—Chromium ............................
Mg—Magnesium .........................
Pb—Lead ....................................
S—Sulfur ....................................
Sn—Tin .......................................
Te—Tellurium .............................
Zn—Zinc .....................................
Zr—Zirconium .............................
Other elements (each) ................
Limiting
content
percent
by weight
0.25
0.5
1.3
1.4
0.8
1.5
0.7
0.8
0.8
1.0
0.3
0.3
Excluded from the scope of 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
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Notices
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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Final Negative Determination of Critical
Circumstances
VI. Changes Since the Preliminary
Determination
VII. Discussion of the Issues
Comment 1: Hailiang America
Corporation’s (Hailiang America) Credit
and Rebate Expenses
Comment 2: General and Administrative
(GNA) Expenses and Financial (INTEX)
Expenses for Further Manufacturing
Costs
Comment 3: Whether To Continue To Use
Factors of Production (FOP) Database
‘‘Hailiangfop04a’’
Comment 4: Surrogate Value (SV) for
Nitrogen
Comment 5: SV for Electricity
Comment 6: SV for Insulation Material
Polyethylene (Insulation MPE)
Comment 7: Whether To Apply Partial
Adverse Facts Available (AFA) to Copper
and Electricity Usage Rates
Comment 8: Use of Sagardeep Alloys
Limited’s (Sagardeep) and Bhagyanagar
India Limited’s (Bhagyanagar) Financial
Statements To Calculate the Surrogate
Financial Ratios
VIII. Recommendation
[FR Doc. 2021–13204 Filed 6–23–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–820]
Prestressed Concrete Steel Wire
Strand From Thailand: Partial
Rescission of Antidumping Duty
Administrative Review; 2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review, in part, of the
antidumping duty order on prestressed
concrete steel wire strand (PC Strand)
from Thailand for the period of review
(POR) January 1, 2020, through
December 31, 2020.
DATES: Applicable June 24, 2021.
FOR FURTHER INFORMATION CONTACT:
Samantha Kinney or Brian Smith, AD/
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
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CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2285 or
(202) 482–1766, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 5, 2021, Commerce
published a notice of opportunity to
request an administrative review of the
antidumping duty order on PC strand
from Thailand.1 In response to this
request, Insteel Wire Products
Company, Sumiden Wire Products
Corporation, and Wire Mesh
Corporation, (the petitioners) filed a
timely request for review with respect to
Siam Industrial Wire Co., Ltd. (SIW).2
Thai Wire Products Public Company
Limited (TWP) timely requested an
administrative review of itself.3 Based
on these requests, in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act) and 19 CFR
351.213(b), Commerce initiated an
administrative review of the
antidumping duty order on PC strand
from Thailand covering the period
January 1, 2020, through December 31,
2020.4 TWP timely withdrew its request
for an administrative review on May 25,
2021.5
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the publication date of the
notice of initiation of the requested
review. As noted above, TWP withdrew
its request for an administrative review
of itself by the established deadline.6
Because TWP’s request for
administrative review was withdrawn
within 90 days of the date of publication
of the Initiation Notice, and no other
interested party requested a review of
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 86 FR 291
(January 5, 2021).
2 See Petitioners’ Letter, ‘‘Prestressed Concrete
Steel Wire Strand from Thailand—Petitioners’
Request for 2020 Administrative Review,’’ dated
January 28, 2021.
3 See TWP’s Letter, ‘‘Prestressed Concrete Steel
Wire Strand from Thailand,’’ dated February 4,
2021.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
12599 (March 4, 2021) (Initiation Notice).
5 See TWP’s Letter, ‘‘Administrative Review
Withdrawal,’’ dated March 25, 2021.
6 Id.
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33231
this company, Commerce is rescinding
its review with respect to TWP, in
accordance with 19 CFR 351.213(d)(1).
The administrative review remains
active with respect to SIW, the
remaining company for which a review
was initiated.
Assessment
Commerce intends to instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries of PC strand from
Thailand at a rate equal to the cash
deposit of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period January
1, 2020, through December 31, 2020, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue assessment instructions to CBP no
earlier than 35 days after publication of
this notice in the Federal Register.
Notification to Importers
This notice serves as a final reminder
to certain 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
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a final
reminder to certain parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305, 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 terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(l) of the Act, and 19 CFR
351.213(d)(4).
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]]>Agencies
[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33228-33231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13204]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-831]
Seamless Refined Copper Pipe and Tube From the Socialist Republic
of Vietnam: Final Affirmative Determination of Sales at Less Than Fair
Value and Final 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. Further, Commerce finds that critical circumstances do
not exist.
DATES: Applicable June 24, 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
On February 1, 2021, Commerce published the Preliminary
Determination in the LTFV investigation of copper pipe and tube from
Vietnam.\1\ On February 8, 2021, Commerce postponed the final
determination of this investigation to June 16, 2021.\2\ The
petitioners in this investigation are the American Copper Tube
Coalition and its individual constituent members (collectively, the
petitioners).\3\ The sole mandatory respondent in this investigation is
Hailiang (Vietnam) Copper Manufacturing Company Limited (Hailiang
Vietnam),\4\ and in the Preliminary Determination, Commerce determined
that Hailiang Vietnam and Hongkong Hailiang Metal Trading Limited (also
known as Hong Kong Hailiang Metal Trading Limited) (Hongkong Hailiang)
should be treated as a single entity, collectively, Hailiang Vietnam/
Hongkong Hailiang.\5\ We invited interested parties to comment on the
Preliminary Determination.\6\ A summary of the events that occurred
since Commerce published the Preliminary Determination may be found in
the Issues and Decision Memorandum.\7\
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\1\ See 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, 86 FR 7698 (February 1, 2021) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Seamless Refined Copper Pipe and Tube from the Socialist
Republic of Vietnam: Postponement of Final Determination in the
Less-Than-Fair-Value Investigation, 86 FR 8588 (February 8, 2021).
\3\ The members of the American Copper Tube Coalition are
Mueller Copper Tube Products, Inc.; Mueller Copper Tube West Co.;
Mueller Copper Tube Company, Inc.; Howell Metal Company; and
Linesets, Inc. and Cerro Flow Products, LLC.
\4\ See Memorandum, ``Selection of Mandatory Respondents for
Individual Examination,'' dated September 8, 2020
\5\ See Memorandum, ``Affiliation and Single Entity Treatment
Memorandum,'' dated January 26, 2021.
\6\ See Preliminary Determination.
\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative 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 (Issues and Decision Memorandum).
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The Issues and Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
[[Page 33229]]
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 Issues and Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/.
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
Commerce received no comments from interested parties regarding the
scope of this investigation. Accordingly, Commerce has not modified the
scope language from the Preliminary Determination.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice at Appendix II.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. However, we took additional steps in lieu of an on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Tariff Act of
1930, as amended (the Act).\8\
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\8\ See Commerce's Letter, Remote Verification Questionnaire,
dated February 22, 2021.
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Methodology
Commerce conducted this investigation in accordance with section
731 of the Act. Export price was calculated in accordance with section
772(a) of the Act. Constructed export price was calculated in
accordance with section 772(b) of the Act. Because Vietnam is a non-
market economy within the meaning of section 771(18) of the Act, normal
value was calculated in accordance with section 773(c) of the Act. For
a full description of the methodology underlying Commerce's
determination, see the Preliminary Decision Memorandum; see also the
Issues and Decision Memorandum.
Changes Since the Preliminary Determination
Based on our analysis of the comments received, the information
received in lieu of on-site verification, and our analysis of the
ministerial error allegations,\9\ we made certain changes to the margin
calculations for Hailiang Vietnam/Hongkong Hailiang. For a discussion
of these changes, see the Issues and Decision Memorandum and the Final
Analysis Memorandum.\10\ In light of these changes to the margin
calculations and the resulting revised estimated weighted-average
dumping margin for Hailiang Vietnam/Hongkong Hailiang, we have also
revised the rates assigned to companies eligible for a separate rate
and to the Vietnam-wide entity.\11\
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\9\ See Memorandum, ``Allegation of Ministerial Errors in the
Preliminary Determination,'' dated February 22, 2021.
\10\ See Memorandum, ``Final Determination Calculations for
Hailiang Vietnam/Hongkong Hailiang,'' dated concurrently with this
memorandum (Final Analysis Memorandum).
\11\ See Preliminary Determination Preliminary Decision
Memorandum at 28.
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Final Negative Determination of Critical Circumstances
Commerce preliminarily determined that critical circumstances did
not exist for Hailiang Vietnam/Hongkong Hailiang, the non-individually
investigated companies qualifying for a separate rate, and the Vietnam-
wide entity.\12\ No parties submitted comments regarding our negative
preliminary critical circumstances determination. For this final
determination, Commerce revised its surge analysis to include all
months for which U.S. import data are available. For the final
determination, in accordance with section 735(a)(3) of the Act and 19
CFR 351.206, Commerce continues to find that critical circumstances do
not exist for Hailiang Vietnam/Hongkong Hailiang, the non-individually
investigated companies qualifying for a separate rate, and the Vietnam-
wide entity. For a full description of the methodology and results of
Commerce's critical circumstances analysis, see the Issues and Decision
Memorandum and the Final Critical Circumstances Surge Analysis
Memorandum.\13\
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\12\ See Preliminary Determination.
\13\ See Memorandum, ``Final Critical Circumstances Surge
Analysis,'' dated concurrently with this memorandum (Final Critical
Circumstances Surge Analysis Memorandum).
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Separate Rates
No party commented on our preliminary separate rate determinations
with respect to the mandatory respondent and the non-individually
examined companies. Thus, there is no basis to reconsider the
Preliminary Determination with respect to separate rate status for this
final determination.
Combination Rates
As explained in the Initiation Notice and implemented in the
Preliminary Determination, we have continued to calculate producer/
exporter combination rates for the respondents that are eligible for a
separate rate.\14\ Policy Bulletin 05.1 describes this practice.\15\
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\14\ Id.; see also 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).
\15\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``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 https://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Estimated
weighted-
Producer Exporter average
dumping margin
(Percent)
------------------------------------------------------------------------
Hailiang (Vietnam) Copper Hailiang (Vietnam) 8.35
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 8.35
(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 8.35
Stock Company. Joint Stock Company.
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[[Page 33230]]
Vietnam-Wide Entity 8.35
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Disclosure
Commerce intends to disclose to interested parties under
Administrative Protective Order (APO), the calculations performed in
connection with this final determination within five days of its public
announcement or, if there is no public announcement, within five days
of the date of publication of the notice of final determination in the
Federal Register, in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of copper pipe and tube
from Vietnam, as described in Appendix I of this notice, which are
entered, or withdrawn from warehouse, for consumption on or after
February 1, 2021, the date of publication of the Preliminary
Determination in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon publication of this notice, Commerce will instruct CBP
to require a cash deposit for estimated antidumping duties for such
entries as follows: (1) For the exporter/producer 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 Vietnamese exporters/producers not
listed in the above table, the cash deposit rate is equal to the
estimated weighted-average dumping margin listed in the table for the
Vietnam-wide entity; and (3) for all third-country exporters, the cash
deposit rate is equal to the cash deposit rate applicable to the
Vietnamese exporter/producer combination (or the Vietnam-wide entity)
that supplied that third-country exporter.
These suspension of liquidation instructions will remain in effect
until further notice.
International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales at LTFV. Because
the final determination is affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make its final determination as to
whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports or
sales (or the likelihood of sales) for importation of subject copper
pipe and tube, no later than 45 days after this final determination. If
the ITC determines that such injury does not exist, this proceeding
will be terminated, and all cash deposited for antidumping duties will
be refunded. If the ITC determines that such injury does exist,
Commerce will issue an antidumping duty order directing CBP to assess,
upon further instruction by Commerce, antidumping duties on all imports
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Notification Regarding APO
This notice serves as a reminder to the parties subject to APO of
their responsibility concerning the disposition of propriety
information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return or destruction
of APO materials or, alternatively, conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation that is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: June 16, 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
[[Page 33231]]
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 Issues and Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Final Negative Determination of Critical Circumstances
VI. Changes Since the Preliminary Determination
VII. Discussion of the Issues
Comment 1: Hailiang America Corporation's (Hailiang America)
Credit and Rebate Expenses
Comment 2: General and Administrative (GNA) Expenses and
Financial (INTEX) Expenses for Further Manufacturing Costs
Comment 3: Whether To Continue To Use Factors of Production
(FOP) Database ``Hailiangfop04a''
Comment 4: Surrogate Value (SV) for Nitrogen
Comment 5: SV for Electricity
Comment 6: SV for Insulation Material Polyethylene (Insulation
MPE)
Comment 7: Whether To Apply Partial Adverse Facts Available
(AFA) to Copper and Electricity Usage Rates
Comment 8: Use of Sagardeep Alloys Limited's (Sagardeep) and
Bhagyanagar India Limited's (Bhagyanagar) Financial Statements To
Calculate the Surrogate Financial Ratios
VIII. Recommendation
[FR Doc. 2021-13204 Filed 6-23-21; 8:45 am]
BILLING CODE 3510-DS-P
