80 FR 32087 - Seamless Refined Copper Pipe and Tube From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 108 (June 5, 2015)
International Trade Administration
Federal Register Volume 80, Issue 108 (June 5, 2015)
| Page Range | 32087-32089 | |
| FR Document | 2015-13809 |
[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)] [Notices] [Pages 32087-32089] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13809] ----------------------------------------------------------------------- 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; 2012-2013 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 1, 2014, the Department of Commerce (``the Department'') published its Preliminary Results of the 2012-2013 administrative review of the antidumping duty order on seamless refined copper pipe and tube (``copper pipe'') from the People's Republic of China (``PRC'').\1\ The period of review (``POR'') is November 1, 2012 through October 31, 2013. We invited parties to comment on our Preliminary Results. Based on our analysis of the comments received, we made certain changes to our margin calculations for the mandatory respondent Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD Trading Co., Ltd., and Golden Dragon Holding (Hong Kong) International, Ltd. (collectively, ``Golden Dragon''). The final weighted-average dumping margins for this review are listed in the ``Final Results'' section below. --------------------------------------------------------------------------- \1\ See Seamless Refined Copper Pipe and Tube From the People's Republic of China: Preliminary Results and Partial Rescission of Administrative Review; 2011-2012, 79 FR 71089 (December 1, 2014) (``Preliminary Results''). --------------------------------------------------------------------------- DATES: Effective date: June 5, 2015. FOR FURTHER INFORMATION CONTACT: James Martinelli, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 2923. Background On December 1, 2014, the Department published its Preliminary Results. On January 7, 2015, and January 12, 2015, Cerro Flow Products, LLC, Wieland Copper Products, LLC, Mueller Copper Tube Products Inc., and Mueller Copper Tube Company, Inc. (collectively, ``Petitioners''), and Golden Dragon submitted case briefs and rebuttal briefs, respectively.\2\ On February 11, 2015, the Department held a public hearing on the final results of this proceeding in the Herbert Clark Hoover Building.\3\ On March 25, 2015, the Department extended the time period for issuing the final results of this review by 30 days, until April 30, 2015.\4\ On April 28, 2015, the Department extended the time period for issuing the final results of this review by an additional 30 days, until May 30, 2015.\5\ --------------------------------------------------------------------------- \2\ See Letter from Petitioners, ``Seamless Refined Copper Pipe and Tube from the People's Republic of China: Petitioners' Case Brief,'' (January 7, 2015); see also Letter from Golden Dragon, ``Case Brief; Seamless Refined Copper Pipe and Tube from China,'' (January 7, 2015); see also Letter from Petitioners, ``Seamless Refined Copper Pipe and Tube from the People's Republic of China: Petitioners' Rebuttal Brief,'' (January 12, 2015); see also Letter from Golden Dragon, ``Rebuttal Brief; Seamless Refined Copper Pipe and Tube from China,'' (January 12, 2015). \3\ See Enforcement and Compliance Public Hearing in the Matter of: Seamless Refined Copper Pipe and Tube Third Administrative Review, Before: Abdelali Elouaradia, Director, Office IV, Antidumping and Countervailing Duty Operations, (February 11, 2015). \4\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, through Howard Smith, Acting Office Director, Antidumping and Countervailing Duty Operations, Office IV, from James Martinelli, International Trade Compliance Analyst, Antidumping and Countervailing Duty Operations, Office IV ``Seamless Refined Copper Pipe and Tube from the People's Republic of China: Extension of Deadline for Final Results of Antidumping Duty Administrative Review'' (March 25, 2015). \5\ See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, through Howard Smith, Acting Office Director, Antidumping and Countervailing Duty Operations, Office IV, from James Martinelli, International Trade Compliance Analyst, Antidumping and Countervailing Duty Operations, Office IV ``Seamless Refined Copper Pipe and Tube from the People's Republic of China: Extension of Deadline for Final Results of Antidumping Duty Administrative Review'' (April 28, 2015). Because May 30, 2015 is a non-business day, the deadline is the next business day, June 1, 2015. --------------------------------------------------------------------------- Scope of the Order The merchandise subject to the order is seamless refined copper pipe and tube. The product is currently classified under Harmonized Tariff Schedule of the United States (``HTSUS'') item numbers 7411.10.1030 and 7411.10.1090. Products subject to this order may also enter under HTSUS item numbers 7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085. Although the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope of this order remains dispositive.\6\ --------------------------------------------------------------------------- \6\ For a complete description of the scope of this order, see Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, regarding ``Decision Memorandum for the Final Results of the 2012-2013 Administrative Review of the Antidumping Duty Order on Seamless Refined Copper Pipe and Tube from the People's Republic of China'' (``Decision Memorandum'') dated concurrently with, and hereby adopted by, this notice. --------------------------------------------------------------------------- Withdrawals of Administrative Review Requests In the Preliminary Results, the Department rescinded this administrative review with regard to Luvata Tube (Zhongshan) Ltd. & Luvata Alltop (Zhongshan) Ltd. (collectively, ``Luvata''), Shanghai Hailiang Copper Co., Ltd., and Zhejiang Hailiang Co., Ltd., as parties timely withdrew all review requests with respect to these companies, which all had a separate rate from a prior completed segment of this proceeding.\7\ --------------------------------------------------------------------------- \7\ See Preliminary Results at 71090. --------------------------------------------------------------------------- Reviews were also requested for 11 additional companies listed in the Initiation Notice, and those requests were also timely withdrawn.\8\ However, for the final results, we are not rescinding the reviews for these 11 companies because they did not have a separate rate at the time of initiation of this review, and, therefore, each company will remain part of the PRC-wide entity. The PRC-wide entity is [[Page 32088]] currently subject to this administrative review.\9\ --------------------------------------------------------------------------- \8\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 78 FR 79392 (December 30, 2013) (``Initiation Notice''). The 11 companies include: China Hailiang Metal Trading, Foshan Hua Hong Copper Tube Co., Ltd., Guilin Lijia Metals Co., Ltd., Hong Kong Hailiang Metal, Ningbo Jintian Copper Tube Co., Ltd., Shanghai Hailiang Metal Trading Limited, Sinochem Ningbo Ltd. & Sinochem Ningbo Import & Export Co., Ltd., Taicang City Jinxin Copper Tube Co., Ltd., Zhejiang Jiahe Pipes Inc., and Zhejiang Naile Copper Co., Ltd. These companies are not included in the collapsed entity of Hong Kong Hailiang Metal Trading Limited, Zhejiang Hailiang Co., Ltd., and Shanghai Hailiang Copper Co., Ltd. \9\ See, e.g., Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review, 77 FR 47363, 47365 (August 8, 2012), unchanged in Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2010-2011, 78 FR 10130 (February 13, 2013). A change in practice with respect to the conditional review of the PRC-wide entity is not applicable to this administrative review. 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 65964, 65969-70 (November 4, 2013) (apply the change in practice to reviews for which the notice of opportunity to request an administrative review is published on or after December 4, 2013). --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs filed by parties in this review are addressed in the Decision Memorandum. A list of the issues that parties raised and to which we responded in the Decision Memorandum follows as an appendix to this notice. The 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 http://access.trade.gov, and is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed paper copy and electronic version of the Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we made revisions to the margin calculations for Golden Dragon.\10\ We made the following changes to the margin calculation for Golden Dragon. --------------------------------------------------------------------------- \10\ See Decision Memorandum. ---------------------------------------------------------------------------We included Golden Dragon's recycled copper, which is reintroduced into the production process, in the calculation of the copper consumption rate. We also gave Golden Dragon a by-product offset for the reintroduced copper.\11\ --------------------------------------------------------------------------- \11\ Id. at Comments 3 and 4. --------------------------------------------------------------------------- We revised the calculation for the truck freight calculation using factual information available on the record.\12\ --------------------------------------------------------------------------- \12\ Id. at Comment 6. --------------------------------------------------------------------------- We removed import data from outside of the POR that was inadvertently included.\13\ --------------------------------------------------------------------------- \13\ Id. at Comment 7. --------------------------------------------------------------------------- Final Results We determine that the following weighted-average dumping margins exist for the POR: ------------------------------------------------------------------------ Weighted- average Exporter dumping margin (percent) ------------------------------------------------------------------------ Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD 10.50 Trading Co., Ltd., and Golden Dragon Holding (Hong Kong) International, Ltd......................................... PRC-Wide Entity \14\........................................ 60.85 ------------------------------------------------------------------------ Assessment Rates \\Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.212(b), the Department will determine, and U.S. Customs and Border Protection (``CBP'') shall assess, antidumping duties on all appropriate entries covered by this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. --------------------------------------------------------------------------- \14\ The PRC-Wide Entity includes, inter alia, Shanghai Hailiang Metal Trading Limited, Hong Kong Hailiang Metal, China Hailiang Metal Trading, Foshan Hua Hong Copper Tube Co., Ltd., Guilin Lijia Metals Co., Ltd., Sinochem Ningbo Import & Export Co., Ltd., Sinochem Ningbo Ltd., Taicang City Jinxin Copper Tube Co., Ltd., Ningbo Jintian Copper Tube Co., Ltd., Zhejiang Jiahe Pipes Inc., and Zhejiang Naile Copper Co., Ltd. --------------------------------------------------------------------------- For Golden Dragon, the Department calculated importer-specific assessment rates based on the ratio of the total amount of dumping calculated for the importer's examined sales and the total entered value of those sales. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer- specific assessment rate is not zero or de minimis (i.e., less than 0.5 percent). Where an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For the PRC-wide entity, the Department will instruct CBP to liquidate all appropriate entries as an assessment rate for antidumping duties equal to the weighted-average dumping margin listed above in the Final Results section. The Department announced a refinement to its assessment practice in non-market economy (``NME'') cases. Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the rate for the NME-wide entity. In addition, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the rate for the NME-wide entity.\15\ --------------------------------------------------------------------------- \15\ For a full discussion of this practice, 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 shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For the exporters identified above, the cash deposit rate will be equal to their weighted-average dumping margin in these final results of review; (2) for previously investigated or reviewed PRC and non-PRC exporters that received a separate rate in a previously completed segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled a separate rate, the cash deposit rate will be that for the PRC-wide entity (i.e., 60.85 percent); and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Disclosure We intend to disclose the calculations performed regarding these final results within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could [[Page 32089]] result in the Department's presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of doubled antidumping duties. Notifications to All Parties This notice also serves as a reminder to 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. We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: May 29, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix--Issues and Decision Memorandum Summary Background Scope of the Order List of Abbreviations and Acronyms Discussion of the Issues Comment 1: Whether the Department Properly Adjusted for VAT Comment 2: Whether the Department Properly Applied Its Differential Pricing Analysis Comment 3: Whether Golden Dragon Accurately Reported Its Copper Consumption Rate Comment 4: Whether Golden Dragon Is Entitled to a By-Product Offset Comment 5: Whether the Department Accurately Calculated Credit Expenses Comment 6: Whether the Department Accurately Calculated the Truck Surrogate Value Comment 7: Whether the Department Accurately Calculated the Solvents Surrogate Value Recommendation [FR Doc. 2015-13809 Filed 6-4-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices 32087
List of Topics Discussed in the Preliminary FOR FURTHER INFORMATION CONTACT: Scope of the Order
Decision Memorandum James Martinelli, AD/CVD Operations,
Summary Office IV, Enforcement and Compliance, The merchandise subject to the order
Background International Trade Administration, is seamless refined copper pipe and
Scope of the Order U.S. Department of Commerce, 14th tube. The product is currently classified
Discussion of the Methodology Street and Constitution Avenue NW., under Harmonized Tariff Schedule of
Comparisons to Normal Value the United States (‘‘HTSUS’’) item
A. Determination of Comparison Method
Washington, DC 20230; telephone: (202)
482–2923. numbers 7411.10.1030 and
B. Results of the Differential Pricing
Analysis 7411.10.1090. Products subject to this
Background order may also enter under HTSUS item
Product Comparisons
Date of Sale On December 1, 2014, the Department numbers 7407.10.1500, 7419.99.5050,
Constructed Export Price published its Preliminary Results. On 8415.90.8065, and 8415.90.8085.
Normal Value Although the HTSUS numbers are
A. Home Market Viability and Comparison
January 7, 2015, and January 12, 2015,
Cerro Flow Products, LLC, Wieland provided for convenience and customs
Market
B. Level of Trade Copper Products, LLC, Mueller Copper purposes, the written description of the
C. Calculation of Normal Value Based on Tube Products Inc., and Mueller Copper scope of this order remains dispositive.6
Comparison Market Prices Tube Company, Inc. (collectively, Withdrawals of Administrative Review
D. Calculation of Normal Value Based on ‘‘Petitioners’’), and Golden Dragon
Constructed Value Requests
submitted case briefs and rebuttal briefs,
Currency Conversion respectively.2 On February 11, 2015, the In the Preliminary Results, the
Recommendation Department held a public hearing on the Department rescinded this
[FR Doc. 2015–13811 Filed 6–4–15; 8:45 am] final results of this proceeding in the administrative review with regard to
BILLING CODE 3510–DS–P Herbert Clark Hoover Building.3 On Luvata Tube (Zhongshan) Ltd. & Luvata
March 25, 2015, the Department Alltop (Zhongshan) Ltd. (collectively,
extended the time period for issuing the ‘‘Luvata’’), Shanghai Hailiang Copper
DEPARTMENT OF COMMERCE final results of this review by 30 days, Co., Ltd., and Zhejiang Hailiang Co.,
until April 30, 2015.4 On April 28, 2015, Ltd., as parties timely withdrew all
International Trade Administration
the Department extended the time review requests with respect to these
[A–570–964] period for issuing the final results of companies, which all had a separate rate
this review by an additional 30 days, from a prior completed segment of this
Seamless Refined Copper Pipe and until May 30, 2015.5
Tube From the People’s Republic of proceeding.7
China: Final Results of Antidumping 2 See Letter from Petitioners, ‘‘Seamless Refined Reviews were also requested for 11
Duty Administrative Review; 2012– Copper Pipe and Tube from the People’s Republic additional companies listed in the
2013 of China: Petitioners’ Case Brief,’’ (January 7, 2015); Initiation Notice, and those requests
see also Letter from Golden Dragon, ‘‘Case Brief;
AGENCY: Enforcement and Compliance, Seamless Refined Copper Pipe and Tube from
were also timely withdrawn.8 However,
International Trade Administration, China,’’ (January 7, 2015); see also Letter from for the final results, we are not
Department of Commerce. Petitioners, ‘‘Seamless Refined Copper Pipe and rescinding the reviews for these 11
Tube from the People’s Republic of China: companies because they did not have a
SUMMARY: On December 1, 2014, the Petitioners’ Rebuttal Brief,’’ (January 12, 2015); see
also Letter from Golden Dragon, ‘‘Rebuttal Brief; separate rate at the time of initiation of
Department of Commerce (‘‘the
Seamless Refined Copper Pipe and Tube from this review, and, therefore, each
Department’’) published its Preliminary China,’’ (January 12, 2015).
Results of the 2012–2013 administrative company will remain part of the PRC-
3 See Enforcement and Compliance Public
review of the antidumping duty order wide entity. The PRC-wide entity is
Hearing in the Matter of: Seamless Refined Copper
on seamless refined copper pipe and Pipe and Tube Third Administrative Review,
tube (‘‘copper pipe’’) from the People’s Before: Abdelali Elouaradia, Director, Office IV, 6 For a complete description of the scope of this
Antidumping and Countervailing Duty Operations, order, see Memorandum to Paul Piquado, Assistant
Republic of China (‘‘PRC’’).1 The period (February 11, 2015). Secretary for Enforcement and Compliance, from
of review (‘‘POR’’) is November 1, 2012 4 See Memorandum to Christian Marsh, Deputy Christian Marsh, Deputy Assistant Secretary for
through October 31, 2013. We invited Assistant Secretary for Antidumping and Antidumping and Countervailing Duty Operations,
parties to comment on our Preliminary Countervailing Duty Operations, through Howard regarding ‘‘Decision Memorandum for the Final
Smith, Acting Office Director, Antidumping and Results of the 2012–2013 Administrative Review of
Results. Based on our analysis of the Countervailing Duty Operations, Office IV, from the Antidumping Duty Order on Seamless Refined
comments received, we made certain James Martinelli, International Trade Compliance Copper Pipe and Tube from the People’s Republic
changes to our margin calculations for Analyst, Antidumping and Countervailing Duty of China’’ (‘‘Decision Memorandum’’) dated
the mandatory respondent Golden Operations, Office IV ‘‘Seamless Refined Copper concurrently with, and hereby adopted by, this
Pipe and Tube from the People’s Republic of China: notice.
Dragon Precise Copper Tube Group, Extension of Deadline for Final Results of 7 See Preliminary Results at 71090.
Inc., Hong Kong GD Trading Co., Ltd., Antidumping Duty Administrative Review’’ (March 8 See Initiation of Antidumping and
and Golden Dragon Holding (Hong 25, 2015). Countervailing Duty Administrative Reviews and
Kong) International, Ltd. (collectively, 5 See Memorandum to Christian Marsh, Deputy Request for Revocation in Part, 78 FR 79392
‘‘Golden Dragon’’). The final weighted- Assistant Secretary for Antidumping and (December 30, 2013) (‘‘Initiation Notice’’). The 11
Countervailing Duty Operations, through Howard companies include: China Hailiang Metal Trading,
average dumping margins for this
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Smith, Acting Office Director, Antidumping and Foshan Hua Hong Copper Tube Co., Ltd., Guilin
review are listed in the ‘‘Final Results’’ Countervailing Duty Operations, Office IV, from Lijia Metals Co., Ltd., Hong Kong Hailiang Metal,
section below. James Martinelli, International Trade Compliance Ningbo Jintian Copper Tube Co., Ltd., Shanghai
Analyst, Antidumping and Countervailing Duty Hailiang Metal Trading Limited, Sinochem Ningbo
DATES: Effective date: June 5, 2015. Operations, Office IV ‘‘Seamless Refined Copper Ltd. & Sinochem Ningbo Import & Export Co., Ltd.,
Pipe and Tube from the People’s Republic of China: Taicang City Jinxin Copper Tube Co., Ltd., Zhejiang
1 See Seamless Refined Copper Pipe and Tube Extension of Deadline for Final Results of Jiahe Pipes Inc., and Zhejiang Naile Copper Co.,
From the People’s Republic of China: Preliminary Antidumping Duty Administrative Review’’ (April Ltd. These companies are not included in the
Results and Partial Rescission of Administrative 28, 2015). Because May 30, 2015 is a non-business collapsed entity of Hong Kong Hailiang Metal
Review; 2011–2012, 79 FR 71089 (December 1, day, the deadline is the next business day, June 1, Trading Limited, Zhejiang Hailiang Co., Ltd., and
2014) (‘‘Preliminary Results’’). 2015. Shanghai Hailiang Copper Co., Ltd.
VerDate Sep<11>2014 18:31 Jun 04, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1](https://thefederalregister.org/doc/80_FR_32195/page/1.svg)
![Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices 32089
result in the Department’s presumption DEPARTMENT OF COMMERCE Enforcement and Compliance,
that reimbursement of antidumping International Trade Administration,
duties has occurred and the subsequent International Trade Administration U.S. Department of Commerce, 14th
assessment of doubled antidumping [A–570–832] Street and Constitution Avenue NW.,
duties. Washington, DC 20230; telephone: (202)
Pure Magnesium From the People’s 482–6231.
Notifications to All Parties Republic of China: Notice of Court SUPPLEMENTARY INFORMATION:
This notice also serves as a reminder Decision Not in Harmony With Final
Background
to parties subject to Administrative Results of Antidumping Duty
Administrative Review and Notice of On December 9, 2011, the Department
Protective Order (‘‘APO’’) of their issued the Final Results.6 US
Amended Final Results of the 2009–
responsibility concerning the return or Magnesium LLC (‘‘USM’’) challenged
2010 Antidumping Duty Administrative
destruction of proprietary information Review certain aspects of the Department’s
disclosed under APO in accordance Final Results. On January 22, 2013, the
with 19 CFR 351.305, which continues AGENCY: Enforcement and Compliance, Court remanded the Final Results to the
to govern business proprietary International Trade Administration, Department: (1) To consider whether
information in this segment of the Department of Commerce. previously rejected factual information
proceeding. Timely written notification SUMMARY: On May 21, 2015, the United contained prima facie evidence of fraud
of the return or destruction of APO States Court of International Trade by TMI in accordance with the factors
materials, or conversion to judicial (‘‘CIT’’ or ‘‘Court’’) sustained the Final outlined in Home Products,7 and (2) to
protective order, is hereby requested. Remand Results 1 issued by the explain its rationale for selecting
Failure to comply with the regulations Department of Commerce Infobanc data based on substantial
and terms of an APO is a violation (‘‘Department’’) concerning the 2009– evidence on the record or, alternatively,
2010 administrative review of the to select a new surrogate value for truck
which is subject to sanction.
antidumping duty order on pure freight.8 Additionally, the Department
We are issuing and publishing this magnesium from the People’s Republic requested a voluntary remand to
administrative review and notice in of China.2 In the Final Remand Results, reconsider: (1) The selection of
accordance with sections 751(a)(1) and the Department changed the data source Hindalco Industries Limited’s
777(i) of the Act. for inland freight and selected different (‘‘Hindalco’’) financial statements for
Dated: May 29, 2015. financial statements for the calculation calculating surrogate financial ratios,
of the surrogate financial ratios, while it and (2) USM’s claim that the
Paul Piquado,
continued to find that the untimely and Department made errors when
Assistant Secretary for Enforcement and thus previously rejected factual calculating the surrogate value for
Compliance. information was irrelevant and showed labor.9
Appendix—Issues and Decision no ‘‘fraud’’ on the part of the In accordance with TMI I, the
Memorandum respondent, Tianjin Magnesium Department opened the administrative
International Co., Ltd. (‘‘TMI’’). record to accept the previously rejected
Summary Consistent with the decision of the factual information and concluded that
Background United States Court of Appeals for the this factual information did not
Scope of the Order Federal Circuit (‘‘CAFC’’) in Timken,3 as demonstrate prima facie evidence of
List of Abbreviations and Acronyms clarified by Diamond Sawblades,4 the fraud by TMI.10 The Department also
Discussion of the Issues Department is notifying the public that determined that the Infobanc data did
Comment 1: Whether the Department the final judgment in this case is not in not constitute the best information
Properly Adjusted for VAT harmony with the Department’s final available to value truck freight and,
Comment 2: Whether the Department results of the administrative review of instead, selected World Bank data for
Properly Applied Its Differential Pricing the antidumping duty order on pure the Final Remand Results.11
Analysis magnesium from the People’s Republic
Comment 3: Whether Golden Dragon
Additionally, the Department selected
of China covering the period of review Madras Aluminum Company’s financial
Accurately Reported Its Copper (‘‘POR’’) from May 1, 2009, through
Consumption Rate statements to value the surrogate
April 30, 2010.5 financial ratios. Lastly, the Department
Comment 4: Whether Golden Dragon Is DATES: Effective Date: May 31, 2015
Entitled to a By-Product Offset corrected errors in its calculation of the
FOR FURTHER INFORMATION CONTACT: Eve labor rate.12 On May 21, 2015, the Court
Comment 5: Whether the Department
Wang, AD/CVD Operations Office III, entered judgement sustaining the Final
Accurately Calculated Credit Expenses
Comment 6: Whether the Department Remand Results entirely.
1 See Final Results of Redetermination Pursuant
Accurately Calculated the Truck to Court Remand, Court Order No. 12–00006, Slip Timken Notice
Surrogate Value Op. 13–9 (CIT 2013), dated January 22, 2013 (‘‘Final
Comment 7: Whether the Department Remand Results’’). In Timken, 893 F.2d at 341, as
Accurately Calculated the Solvents 2 See US Magnesium LLC v. United States, Court clarified by Diamond Sawblades, the
Surrogate Value
Order No. 12–00006, Slip Op. 15–47 (CIT May 21, CAFC held that, pursuant to section
2015) (‘‘TMI II’’).
Recommendation 3 See Timken Co. v. United States, 893 F.2d 337
asabaliauskas on DSK5VPTVN1PROD with NOTICES
6 See Final Results.
[FR Doc. 2015–13809 Filed 6–4–15; 8:45 am] (Fed. Cir. 1990) (‘‘Timken’’). 7 See
4 See Diamond Sawblades Mfrs. Coalition v.
Home Prods. Int’l v. United States, 633 F.3d
BILLING CODE 3510–DS–P 1369 (Fed. Cir. 2011) (‘‘Home Products’’).
United States, 626 F.3d 1374 (Fed. Cir. 2010) 8 See US Magnesium LLC v. United States, Court
(‘‘Diamond Sawblades’’).
5 See Pure Magnesium from the People’s Republic
Order No. 12–00006, Slip Op. 13–9 (CIT January 22,
2013) (‘‘TMI I’’).
of China: Final Results of the 2009–2010 9 Id.
Antidumping Duty Administrative Review of the
10 See Final Remand Results.
Antidumping Duty Order, 76 FR 76945 (December
11 Id.
9, 2011) and accompanying Issues and Decision
Memorandum (‘‘Final Results’’). 12 Id.
VerDate Sep<11>2014 18:31 Jun 04, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1](https://thefederalregister.org/doc/80_FR_32195/page/3.svg)
Document Created: 2015-12-15 15:20:50
Document Modified: 2015-12-15 15:20:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | James Martinelli, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 2923. | |
| FR Citation | 80 FR 32087 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR