81_FR_4268 81 FR 4252 - Seamless Refined Copper Pipe and Tube From the People's Republic of China and Mexico: Preliminary Results of the Sunset Reviews of the Antidumping Duty Orders

81 FR 4252 - Seamless Refined Copper Pipe and Tube From the People's Republic of China and Mexico: Preliminary Results of the Sunset Reviews of the Antidumping Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 16 (January 26, 2016)

Page Range4252-4253
FR Document2016-01498

The Department of Commerce (``the Department'') preliminarily finds that revocation of the antidumping duty orders on seamless refined copper pipe and tube (``copper pipe and tube'') from the People's Republic of China (``PRC'') and Mexico would likely lead to continuation or recurrence of dumping, at the levels indicated in the ``Preliminary Results of Sunset Reviews'' section of this notice.

Federal Register, Volume 81 Issue 16 (Tuesday, January 26, 2016) 
[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)]
[Notices]
[Pages 4252-4253]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01498]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-964; A-201-838]


Seamless Refined Copper Pipe and Tube From the People's Republic 
of China and Mexico: Preliminary Results of the Sunset Reviews of the 
Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') preliminarily 
finds that revocation of the antidumping duty orders on seamless 
refined copper pipe and tube (``copper pipe and tube'') from the 
People's Republic of China (``PRC'') and Mexico would likely lead to 
continuation or recurrence of dumping, at the levels indicated in the 
``Preliminary Results of Sunset Reviews'' section of this notice.

DATES: Effective Date: January 26, 2016.

FOR FURTHER INFORMATION CONTACT: Robert Galantucci, 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.

SUPPLEMENTARY INFORMATION:

Background

    On November 22, 2010, the Department published the antidumping duty 
orders on copper pipe and tube from the PRC and Mexico, as amended.\1\ 
On October 1, 2015, the Department published the notice of initiation 
of the sunset reviews of the Orders pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the ``Act'').\2\ The Ad Hoc Coalition 
for Domestically Produced Seamless Refined Copper Pipe and Tube and its 
individual members, Cerro Flow Products, LLC, Wieland Copper Products, 
LLC, Howell Metal Company, Mueller Copper Tube Products, Inc., and 
Mueller Copper Tube Company, Inc. (collectively, ``domestic interested 
parties''), submitted adequate and timely notices of intent to 
participate in these sunset reviews within the 15-day deadline 
specified in 19 CFR 351.218(d)(1)(i). On November 2, 2015, domestic 
interested parties and respondent interested party Golden Dragon \3\ 
submitted adequate substantive responses to the notice of initiation 
within the 30-day deadline specified in 19 CFR 351.218(d)(3). As a 
result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(ii), the Department is conducting full sunset reviews of the 
Orders.
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    \1\ See Seamless Refined Copper Pipe and Tube From Mexico and 
the People's Republic of China: Antidumping Duty Orders and Amended 
Final Determination of Sales at Less Than Fair Value From Mexico, 75 
FR 71070 (November 22, 2010) (``Orders'').
    \2\ See Seamless Refined Copper Pipe and Tube From China and 
Mexico; Institution of Five-Year Reviews, 80 FR 59186 (October 1, 
2015) (``Initiation FR Notice'').
    \3\ In case number A-570-964 (the PRC), the substantive response 
was filed on behalf of Golden Dragon Precise Copper Tube Group, 
Inc., Hong Kong GD Trading Co., Ltd., GD Copper Cooperatief UA, 
Golden Dragon Holding (Hong Kong) International, Ltd. and GD Copper 
(U.S.A.), Inc. In case number A-201-838 (Mexico), the substantive 
response was filed on behalf of GD Affiliates S. de R.L. de C.V., GD 
Copper S. de R.L. de C.V., Golden Dragon Precise Copper Tube Group, 
Inc., Hong Kong GD Trading Co., Ltd., GD Copper Cooperatief UA, 
Golden Dragon Holding (Hong Kong) International, Ltd. and GD Copper 
(U.S.A.), Inc. The Department refers to all of these companies 
collectively as ``Golden Dragon''.
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Scope of the Orders

    For the purpose of these Orders, the products covered are all 
seamless circular refined copper pipes and tubes. The products subject 
to the Orders 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 Orders 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 Orders is 
dispositive.
    For a full description of the scope of the Orders, see the 
``Preliminary Decision Memorandum for the Full Sunset Reviews of the 
Antidumping Duty Orders on Seamless Refined Copper Pipe and Tube from 
the People's Republic of China and Mexico,'' dated concurrently with 
this notice (``Preliminary Decision Memorandum''). 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 http://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed at 
http://enforcement.trade.gov/frn/. Both the signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.

Analysis of Comments Received

    All issues raised in these sunset reviews are addressed in the 
Preliminary Decision Memorandum. The issues discussed in the 
Preliminary Decision Memorandum include the likelihood of continuation 
or recurrence of dumping and the magnitude of the margins likely to 
prevail if the Orders were to be revoked.

Preliminary Results of Sunset Reviews

    Pursuant to section 752(c)(3) of the Act, the Department determines 
that revocation of the Orders would likely lead to continuation or 
recurrence of dumping at weighted-average dumping margins up to 60.85 
percent for the PRC and up to 27.16 percent for Mexico.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CFR 351.218.


[[Page 4253]]


    Dated: January 19, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. History of the Orders
IV. Scope of the Orders
V. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins Likely to Prevail
VI. Preliminary Results of Sunset Reviews
VII. Recommendation

[FR Doc. 2016-01498 Filed 1-25-16; 8:45 am]
BILLING CODE 3510-DS-P

4252 Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Notices FOR FURTHER INFORMATION CONTACT: and tube (‘‘copper pipe and tube’’) from pursuant to section 751(c)(3)(B) of the Blaine Wiltse, Enforcement and the People’s Republic of China (‘‘PRC’’) Act and 19 CFR 351.218(e)(ii), the Compliance, International Trade and Mexico would likely lead to Department is conducting full sunset Administration, U.S. Department of continuation or recurrence of dumping, reviews of the Orders. Commerce, 14th Street and Constitution at the levels indicated in the Scope of the Orders Avenue NW., Washington, DC 20230; ‘‘Preliminary Results of Sunset telephone: (202) 482–6345. Reviews’’ section of this notice. For the purpose of these Orders, the SUPPLEMENTARY INFORMATION: On DATES: Effective Date: January 26, 2016. products covered are all seamless January 12, 2016, the Department of FOR FURTHER INFORMATION CONTACT: circular refined copper pipes and tubes. Commerce (the Department) published Robert Galantucci, AD/CVD Operations, The products subject to the Orders are in the Federal Register the final results Office IV, Enforcement and Compliance, currently classifiable under subheadings of the 2013–2014 administrative review International Trade Administration, 7411.10.1030 and 7411.10.1090 of the of the antidumping duty order on U.S. Department of Commerce, 14th Harmonized Tariff Schedule of the tapered roller bearings and parts thereof, Street and Constitution Avenue NW., United States (‘‘HTSUS’’). Products finished and unfinished, from the Washington, DC 20230; telephone: (202) subject to the Orders may also enter People’s Republic of China.1 The period 482–2923. under HTSUS subheadings of review is June 1, 2013, through May 7407.10.1500, 7419.99.5050, SUPPLEMENTARY INFORMATION: 31, 2014. In the Final Results, the 8415.90.8065 and 8415.90.8085. Department incorrectly assigned a Background Although the HTSUS subheadings are weighted-average dumping margin of On November 22, 2010, the provided for convenience and customs 0.91 percent to the company Department published the antidumping purposes, the written description of the ‘‘Changshan Peer Bearing Co., Ltd./ duty orders on copper pipe and tube scope of the Orders is dispositive. Shanghai General Bearing Co., Ltd.’’ 2 from the PRC and Mexico, as amended.1 For a full description of the scope of However, the weighted-average On October 1, 2015, the Department the Orders, see the ‘‘Preliminary dumping margin should have been published the notice of initiation of the Decision Memorandum for the Full assigned, instead, to Changshan Peer sunset reviews of the Orders pursuant to Sunset Reviews of the Antidumping Bearing Co., Ltd. alone.3 As a result, we section 751(c) of the Tariff Act of 1930, Duty Orders on Seamless Refined now correct the final results of the as amended (the ‘‘Act’’).2 The Ad Hoc Copper Pipe and Tube from the People’s 2013–2014 administrative review as Coalition for Domestically Produced Republic of China and Mexico,’’ dated noted above. Seamless Refined Copper Pipe and Tube concurrently with this notice This correction to the final results of and its individual members, Cerro Flow (‘‘Preliminary Decision Memorandum’’). administrative review is issued and Products, LLC, Wieland Copper The Preliminary Decision Memorandum published in accordance with sections Products, LLC, Howell Metal Company, is a public document and is on file 751(a)(1) and 777(i)(1) of the Tariff Act Mueller Copper Tube Products, Inc., electronically via Enforcement and of 1930, as amended. and Mueller Copper Tube Company, Compliance’s Antidumping and Dated: January 19, 2016. Inc. (collectively, ‘‘domestic interested Countervailing Duty Centralized Paul Piquado, parties’’), submitted adequate and Electronic Service System (ACCESS). timely notices of intent to participate in ACCESS is available to registered users Assistant Secretary, for Enforcement and Compliance. these sunset reviews within the 15-day at http://access.trade.gov. In addition, a deadline specified in 19 CFR complete version of the Preliminary [FR Doc. 2016–01499 Filed 1–25–16; 8:45 am] 351.218(d)(1)(i). On November 2, 2015, Decision Memorandum can be accessed BILLING CODE 3510–DS–P domestic interested parties and at http://enforcement.trade.gov/frn/. respondent interested party Golden Both the signed and electronic versions DEPARTMENT OF COMMERCE Dragon 3 submitted adequate substantive of the Preliminary Decision responses to the notice of initiation Memorandum are identical in content. International Trade Administration within the 30-day deadline specified in Analysis of Comments Received [A–570–964; A–201–838] 19 CFR 351.218(d)(3). As a result, All issues raised in these sunset 1 See Seamless Refined Copper Pipe and Tube reviews are addressed in the Seamless Refined Copper Pipe and Preliminary Decision Memorandum. From Mexico and the People’s Republic of China: Tube From the People’s Republic of Antidumping Duty Orders and Amended Final The issues discussed in the Preliminary China and Mexico: Preliminary Results Determination of Sales at Less Than Fair Value Decision Memorandum include the of the Sunset Reviews of the From Mexico, 75 FR 71070 (November 22, 2010) (‘‘Orders’’). likelihood of continuation or recurrence Antidumping Duty Orders 2 See Seamless Refined Copper Pipe and Tube of dumping and the magnitude of the AGENCY: Enforcement and Compliance, From China and Mexico; Institution of Five-Year margins likely to prevail if the Orders International Trade Administration, Reviews, 80 FR 59186 (October 1, 2015) (‘‘Initiation were to be revoked. FR Notice’’). Department of Commerce. 3 In case number A–570–964 (the PRC), the Preliminary Results of Sunset Reviews SUMMARY: The Department of Commerce substantive response was filed on behalf of Golden (‘‘the Department’’) preliminarily finds Dragon Precise Copper Tube Group, Inc., Hong Pursuant to section 752(c)(3) of the that revocation of the antidumping duty Kong GD Trading Co., Ltd., GD Copper Cooperatief Act, the Department determines that orders on seamless refined copper pipe UA, Golden Dragon Holding (Hong Kong) revocation of the Orders would likely International, Ltd. and GD Copper (U.S.A.), Inc. In mstockstill on DSK4VPTVN1PROD with NOTICES lead to continuation or recurrence of case number A–201–838 (Mexico), the substantive 1 See Tapered Roller Bearings and Parts Thereof, response was filed on behalf of GD Affiliates S. de dumping at weighted-average dumping Finished and Unfinished, from the People’s R.L. de C.V., GD Copper S. de R.L. de C.V., Golden margins up to 60.85 percent for the PRC Republic of China: Final Results of the Dragon Precise Copper Tube Group, Inc., Hong and up to 27.16 percent for Mexico. Antidumping Duty Administrative Review; 2013– Kong GD Trading Co., Ltd., GD Copper Cooperatief 2014, 81 FR 1396 (January 12, 2016) (Final Results). We are issuing and publishing these UA, Golden Dragon Holding (Hong Kong) 2 Id., at 1397. International, Ltd. and GD Copper (U.S.A.), Inc. The results and notice in accordance with 3 Id., at Comment 1 in the accompanying Issues Department refers to all of these companies sections 751(c), 752(c), and 777(i)(1) of and Decision Memorandum. collectively as ‘‘Golden Dragon’’. the Act and 19 CFR 351.218. VerDate Sep<11>2014 21:57 Jan 25, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\26JAN1.SGM 26JAN1

Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Notices 4253 Dated: January 19, 2016. the People’s Republic of China (‘‘PRC’’). Department relied.’’ 6 The Court Paul Piquado, Consistent with the decision of the instructed the Department ‘‘to ensure Assistant Secretary for Enforcement and United States Court of Appeals for the that its redetermination. . . is based on Compliance. Federal Circuit (‘‘CAFC’’) in Timken Co. findings supported by substantial Appendix—List of Topics Discussed in v. United States, 893 F.2d 337 (Fed. Cir. evidence on the record of this case.’’ 7 the Issues and Decision Memorandum 1990) (‘‘Timken’’), as clarified by On April 10, 2012, pursuant to the Diamond Sawblades Mfrs. Coalition v. Court’s orders in CPZ 07–08 I, the I. Summary United States, 626 F.3d 1374 (Fed. Cir. II. Background Department: (1) Reconsidered the Indian 2010) (‘‘Diamond Sawblades’’), the III. History of the Orders data used to value bearing-quality steel Department is notifying the public that IV. Scope of the Orders bar inputs in the Final Results and V. Discussion of the Issues the final judgment in this case is not in instead valued CPZ’s steel bar inputs 1. Likelihood of Continuation or harmony with the Department’s Final using Thai import data, and (2) revised Recurrence of Dumping Results and is amending the Final the surrogate value used to value CPZ’s 2. Magnitude of the Margins Likely to Results with respect to the dumping Prevail margin determined for the sole steel wire rod inputs using data VI. Preliminary Results of Sunset Reviews mandatory respondent in the underlying corresponding to steel rod that is ‘‘of VII. Recommendation review, Peer Bearing Company— circular cross-section.’’ 8 With respect to [FR Doc. 2016–01498 Filed 1–25–16; 8:45 am] Changshan (‘‘CPZ’’). the country of origin issue, the BILLING CODE 3510–DS–P Department reconsidered its DATES: Effective Date: December 31, determination, applying its established 2015. criteria for determining whether DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Alex merchandise is substantially Rosen, Office III, Enforcement and transformed in another country. The International Trade Administration Compliance, International Trade Department expanded upon and further [A–570–601] Administration, U.S. Department of supported the existing findings as to the Commerce, 14th Street and Constitution substantial transformation test Tapered Roller Bearings and Parts Avenue NW., Washington, DC 20230; employed in the Final Results.9 The Thereof, Finished and Unfinished, telephone: (202) 482–7814. Department reconsidered one finding From the People’s Republic of China: SUPPLEMENTARY INFORMATION: On with respect to the significance of the Notice of Court Decision Not in November 21, 2011, the CIT issued its quantitative value added by Thai Harmony With Final Results of initial opinion on the underlying processing (i.e., one of six aspects of the Antidumping Duty Administrative proceeding and remanded the Final underlying analysis in the First Remand Review and Notice of Amended Final Results, ordering that the Department: Redetermination), finding that this Results of Antidumping Duty (1) Redetermine the surrogate value prong of the analysis could support a Administrative Review; 2007–2008 used to value bearing-quality steel bar determination that the Thai processing AGENCY: Enforcement and Compliance, inputs; (2) redetermine the surrogate substantially transformed the International Trade Administration, value used to value bearing-quality steel merchandise in question.10 However, Department of Commerce. wire rod inputs; and (3) reconsider, and because further analysis of the SUMMARY: On December 21, 2015, the modify as appropriate, its determination remaining substantial transformation United States Court of International of the country of origin of merchandise criteria continued to support the initial Trade (‘‘CIT’’ or ‘‘Court’’) issued its final finished and assembled into finished finding from the Final Results, the judgment 1 sustaining the Department of TRBs by a CPZ affiliate in Thailand Department ultimately determined that Commerce’s (the ‘‘Department’’) final from finished and unfinished TRB the totality of the circumstances results of redetermination 2 issued component parts manufactured in the indicated that the processing that took pursuant to the CIT’s remand order in PRC by CPZ.4 Specifically, with respect place in Thailand during the period of Peer Bearing Company—Changshan v. to the latter issue of country of origin, review (‘‘POR’’) did not constitute United States, 914 F. Supp. 2d 1343 the Court held that the Department’s substantial transformation so as to (CIT 2013) (‘‘CPZ 07–08 II’’), with findings that the ‘‘third-country confer a new country of origin of the respect to the Department’s final processor’s costs as compared to each merchandise in question for results 3 of the 2007–2008 product’s COM {(Cost of Manufacture)} antidumping purposes.11 administrative review of the are not significant,’’ is ‘‘not supported by substantial evidence on the record, On June 6, 2013, the CIT issued CPZ antidumping duty order on certain 07–08 II, in which it sustained the tapered roller bearings and parts thereof, which contains evidence that the processing costs in Thailand accounted Department’s redetermination of the finished and unfinished (‘‘TRBs’’), from surrogate values for CPZ’s steel bar and for 42 percent of the total cost of 1 See Peer Bearing Company (Changshan) v. manufacturing.’’ 5 The Court held that steel wire rod inputs,12 but again United States, Court No. 10–00013, Slip Op. 15–142 the Department ‘‘may not disregard remanded the Department’s country of (CIT December 21, 2015) (‘‘CPZ 07–08 III’’), and record evidence that detracts origin determination. Specifically, citing accompanying judgment order. 2 See Final Results of Redetermination Pursuant significantly from, and appears to refute, 6 Id. to Court Remand, Peer Bearing Company— one of the findings on which the 7 Id. Changshan. v. United States, Court No. 10–00013, mstockstill on DSK4VPTVN1PROD with NOTICES 8 See Final Results of Redetermination Pursuant Slip Op. 13–72 (CIT 2013), dated April 30, 2014 4 See Peer Bearing Company—Changshan v. (‘‘Second Remand Redetermination’’). United States, 804 F. Supp. 2d 1337 (CIT 2011) to Court Remand, Peer Bearing Company— 3 See Tapered Roller Bearings and Parts Thereof, (‘‘CPZ 07–08 I’’). While the third county in which Changshan v. United States, Court No. 10–00013, the further processing took place was treated as Slip Op. 11–143 (CIT 2011), dated April 10, 2012 Finished and Unfinished, from the People’s business proprietary information in the underlying (‘‘First Remand Redetermination’’), at 4–6 and 28. Republic of China: Final Results of the 2007–2008 9 See First Remand Redetermination, at 8–17. Administrative Review of the Antidumping Duty administrative review, along with the percentage 10 Id. Order, 75 FR 844 (January 6, 2010) (‘‘Final Results’’) cost of manufacture (discussed below), CPZ made and accompanying Issues and Decision this information public during the litigation. 11 Id. Memorandum (‘‘IDM’’). 5 See CPZ 07–08 I, 804 F. Supp. 2d at 1342. 12 See CPZ 07–08 II, 914 F. Supp. 2d at 1347. VerDate Sep<11>2014 21:57 Jan 25, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\26JAN1.SGM 26JAN1


Document Created: 2018-02-02 12:38:07
Document Modified: 2018-02-02 12:38:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective Date: January 26, 2016.
ContactRobert Galantucci, 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 Citation81 FR 4252 
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