81_FR_71248 81 FR 71049 - Phosphor Copper From the Republic of Korea: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Negative Preliminary Determination of Critical Circumstances

81 FR 71049 - Phosphor Copper From the Republic of Korea: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Negative Preliminary Determination of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 199 (October 14, 2016)

Page Range71049-71051
FR Document2016-24818

The Department of Commerce (the Department) preliminarily determines that phosphor copper from the Republic of Korea (Korea) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The Department also preliminarily determines that critical circumstances do not exist with regard to imports of phosphor copper from Korea. The period of investigation (POI) is January 1, 2015, through December 31, 2015. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 81 Issue 199 (Friday, October 14, 2016)
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71049-71051]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24818]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-885]


Phosphor Copper From the Republic of Korea: Affirmative 
Preliminary Determination of Sales at Less Than Fair Value, Negative 
Preliminary Determination of Critical Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that phosphor copper from the Republic of Korea (Korea) is 
being, or is likely to be, sold in the United States at less than fair 
value (LTFV). The Department also preliminarily determines that 
critical circumstances do not exist with regard to imports of phosphor 
copper from Korea. The period of investigation (POI) is January 1, 
2015, through December 31, 2015. Interested parties are invited to 
comment on this preliminary determination.

DATES: Effective October 14, 2016.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3797.

SUPPLEMENTARY INFORMATION: 

Background

    In response to petitions filed on March 9, 2016,\1\ the Department 
published the notice of initiation of this LTFV investigation 
concerning imports of phosphor cooper from Korea on April 5, 2016.\2\ 
On July 27, 2016, the Department received timely allegations, pursuant 
to sections 703(e)(l) and 733(e)(l) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.206, that critical circumstances 
exist with respect to imports of phosphor copper from Korea.\3\ For a 
complete description of the events that followed the initiation of this 
investigation, see the memorandum that is dated concurrently with this 
determination and hereby adopted by this notice.\4\ A list of topics 
included in the Preliminary Decision Memorandum is included as Appendix 
II to this notice. The Preliminary Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be found at 
http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See the Petition for the Imposition of Antidumping Duties on 
Imports of Phosphor Copper from the Republic of Korea, dated March 
9, 2016 (the Petition).
    \2\ See Phosphor Copper from the Republic of Korea: Initiation 
of Less-Than-Fair-Value Investigation, 81 FR 19552 (April 5, 2016) 
(Initiation Notice).
    \3\ See Petitioner's letter ``Phosphor Copper from the Republic 
of Korea: Petitioner's Critical Circumstances Allegation,'' 
(Critical Circumstances Allegation) dated July 27, 2016.
    \4\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for the Preliminary Determination 
in the Antidumping Duty Investigation of Phosphor Copper from the 
Republic of Korea'' (Preliminary Decision Memorandum), dated 
concurrently with this notice.
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is phosphor copper from 
Korea. For a full description of the scope of this investigation, see 
the ``Scope of the Investigation,'' in Appendix I.

Scope Comments

    In accordance with the preamble to the Department's regulations,\5\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\6\ No interested party 
submitted comments on the scope of this investigation.
---------------------------------------------------------------------------

    \5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
    \6\ See Initiation Notice, 81 FR at 19553.
---------------------------------------------------------------------------

Postponement of Deadline for Preliminary Determination

    On August 5, 2016, the Department published the notice of 
postponement for the preliminary determination in this investigation in 
accordance with section 733(c)(1)(B) of the Act and 19 CFR 
351.205(f)(1).\7\ As a result of the 50-day postponement, the revised 
deadline for the preliminary determination of this investigation is 
October 5, 2016.\8\
---------------------------------------------------------------------------

    \7\ See Phosphor Copper from the Republic of Korea: Postponement 
of Preliminary Determination of Antidumping Duty Investigation, 81 
FR 51858 (August 5, 2016).
    \8\ Id.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. Export prices have been calculated in 
accordance with section 772 of the Act. Normal value (NV) is calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying our preliminary conclusions, see the 
Preliminary Decision Memorandum.

Preliminary Negative Determination of Critical Circumstances

    On July 27, 2016, Metallurgical Products Company (Petitioner) filed 
a timely critical circumstance allegation pursuant to section 733(e) of 
the Act and 19 CFR 351.206(c)(l), alleging that critical circumstances 
exist with respect to imports of phosphor copper from Korea.\9\ In 
accordance with 19 CFR 351.206(c)(2)(i), when a critical circumstances 
allegation is submitted more than 20 days before the scheduled date of 
the preliminary determination, the Department must issue a preliminary 
finding whether there is a reasonable basis to believe or suspect that 
critical circumstances exist no later than the date of the preliminary 
determination. Section 733(e)(1) of the Act provides that the 
Department will preliminarily determine that critical circumstances 
exist in a LTFV investigation if there is a reasonable basis to believe 
or suspect that: (A) There is a history of dumping and material injury 
by reason of dumped imports in the United States or elsewhere of the 
subject merchandise, or the person by whom, or for whose account, the 
merchandise was imported knew or should have known that the exporter 
was selling the subject merchandise at less than its fair value and 
that there was likely to be material injury by reason of such sales; 
and (B) there have been massive imports of the subject merchandise over 
a relatively short period. We have conducted an analysis of critical 
circumstances in accordance with section 733(e) of the Act and 19 CFR 
351.206, and preliminarily determine that critical circumstances do not 
exist with regard

[[Page 71050]]

to imports of phosphor copper from Korea. For a full description of 
this issue, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \9\ See Petitioner's letter ``Phosphor Copper from the Republic 
of Korea: Petitioner's Critical Circumstances Allegation,'' dated 
July 27, 2016.
---------------------------------------------------------------------------

All-Others Rate

    Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act, 
the Department calculated an estimated all-others rate. Section 
735(c)(5)(A) of the Act provides that the estimated all-others rate 
shall be an amount equal to the weighted average of the estimated 
weighted-average dumping margins established for exporters and 
producers individually investigated, excluding any zero and de minimis 
margins, and any margins determined entirely under section 776 of the 
Act.
    Bongsan Co., Ltd. (Bongsan) is the only respondent for which the 
Department has calculated a company-specific rate. Therefore, for 
purposes of determining the ``all others'' rate and pursuant to section 
735(c)(5)(A) of the Act, we are using the dumping margin calculated for 
Bongsan, as referenced in the ``Preliminary Determination'' section 
below.

Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                        Weighted-average
               Producer and/or exporter                  dumping margin
                                                           (percent)
------------------------------------------------------------------------
Bongsan Co., Ltd.....................................               3.79
All-Others...........................................               3.79
------------------------------------------------------------------------

Suspension of Liquidation

    Because the Department has made an affirmative preliminary 
determination of sales at less than fair value, in accordance with 
section 733(d)(2) of the Act, we are directing U.S. Customs and Border 
Protection (CBP) to suspend liquidation of all entries of phosphor 
copper from Korea, as described in the ``Scope of the Investigation'' 
section, entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of this notice in the Federal Register.
    Pursuant to section 733 (d)(1)(B) of the Act and 19 CFR 351.205(d), 
the Department will instruct CBP to require a cash deposit equal to the 
weighted-average amount by which the NV exceeds U.S. price as indicated 
in the chart above. The suspension of liquidation instructions and cash 
deposit requirements will remain in effect until further notice.

Disclosure and Public Comment

    We will disclose the calculations performed to interested parties 
in this proceeding within five days after public announcement of the 
preliminary determination in accordance with 19 CFR 351.224(b).
    Interested parties are invited to comment on this preliminary 
determination. Case briefs or other written comments may be submitted 
to the Assistant Secretary for Enforcement and Compliance no later than 
seven days after the date on which the final verification report is 
issued in this investigation, and rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than five days after 
the deadline date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish 
to request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce. 
Requests should contain the party's name, address, and telephone 
number, the number of participants, and a list of the issues to be 
discussed. If a request for a hearing is made, the Department intends 
to hold the hearing at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309.
---------------------------------------------------------------------------

    All documents must be filed electronically using ACCESS. An 
electronically-filed request must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the 
date of publication of this notice.\11\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Act, we intend to verify 
information relied upon in making our final determination.

International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we are notifying the 
ITC of our affirmative preliminary determination of sales at LTFV. If 
our final determination is affirmative, the ITC will determine before 
the later of 120 days after the date of this preliminary determination 
or 45 days after our final determination whether these imports are 
materially injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

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

     Dated: October 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is master alloys 
\12\ of copper containing between five percent and 17 percent 
phosphorus by nominal weight, regardless of form (including but not 
limited to shot, pellet, waffle, ingot, or nugget), and regardless 
of size or weight. Subject merchandise consists predominantly of 
copper (by weight), and may contain other elements, including but 
not limited to iron (Fe), lead (Pb), or tin (Sn), in small amounts 
(up to one percent by nominal weight). Phosphor copper is frequently 
produced to JIS H2501 and ASTM B-644, Alloy 3A standards or higher; 
however, merchandise covered by this investigation includes all 
phosphor copper, regardless of whether the merchandise meets, fails 
to meet, or exceeds these standards.
---------------------------------------------------------------------------

    \12\ A ``master alloy'' is a base metal, such as copper, to 
which a relatively high percentage of one or two other elements is 
added.
---------------------------------------------------------------------------

    Merchandise covered by this investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under subheading 7405.00.1000. This HTSUS subheading is 
provided for convenience and customs purposes; the written 
description of the scope of this investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum:

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Respondent Selection
VII. Preliminary Determination of Critical Circumstances
VIII. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
IX. Date of Sale
X. Product Comparisons
XI. Export Price and Constructed Export Price
XII. Normal Value
    A. Comparison Market Viability
    B. Level of Trade
    C. Cost of Production

[[Page 71051]]

    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    D. Calculation of NV Based on Comparison Market Prices
XIII. Currency Conversion
XIV. Verification
XV. Conclusion
[FR Doc. 2016-24818 Filed 10-13-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                             Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices                                                 71049

                                                 Dated: October 11, 2016.                              respect to imports of phosphor copper                 CFR 351.205(f)(1).7 As a result of the 50-
                                               Li Zhou,                                                from Korea.3 For a complete description               day postponement, the revised deadline
                                               Executive Secretary, United States Investment           of the events that followed the initiation            for the preliminary determination of this
                                               Advisory Council.                                       of this investigation, see the                        investigation is October 5, 2016.8
                                               [FR Doc. 2016–24903 Filed 10–13–16; 8:45 am]            memorandum that is dated concurrently
                                                                                                                                                             Methodology
                                               BILLING CODE 3510–DR–P                                  with this determination and hereby
                                                                                                       adopted by this notice.4 A list of topics               The Department is conducting this
                                                                                                       included in the Preliminary Decision                  investigation in accordance with section
                                               DEPARTMENT OF COMMERCE                                  Memorandum is included as Appendix                    731 of the Act. Export prices have been
                                                                                                       II to this notice. The Preliminary                    calculated in accordance with section
                                               International Trade Administration                      Decision Memorandum is a public                       772 of the Act. Normal value (NV) is
                                               [A–580–885]                                             document and is on file electronically                calculated in accordance with section
                                                                                                       via Enforcement and Compliance’s                      773 of the Act. For a full description of
                                               Phosphor Copper From the Republic                       Antidumping and Countervailing Duty                   the methodology underlying our
                                               of Korea: Affirmative Preliminary                       Centralized Electronic Service System                 preliminary conclusions, see the
                                               Determination of Sales at Less Than                     (ACCESS). ACCESS is available to                      Preliminary Decision Memorandum.
                                               Fair Value, Negative Preliminary                        registered users at https://                          Preliminary Negative Determination of
                                               Determination of Critical                               access.trade.gov, and to all parties in the           Critical Circumstances
                                               Circumstances                                           Central Records Unit, room B8024 of the
                                                                                                                                                               On July 27, 2016, Metallurgical
                                               AGENCY:   Enforcement and Compliance,                   main Department of Commerce
                                                                                                                                                             Products Company (Petitioner) filed a
                                               International Trade Administration,                     building. In addition, a complete
                                                                                                                                                             timely critical circumstance allegation
                                               Department of Commerce.                                 version of the Preliminary Decision
                                                                                                                                                             pursuant to section 733(e) of the Act
                                               SUMMARY: The Department of Commerce                     Memorandum can be found at http://
                                                                                                                                                             and 19 CFR 351.206(c)(l), alleging that
                                               (the Department) preliminarily                          enforcement.trade.gov/frn/. The signed
                                                                                                                                                             critical circumstances exist with respect
                                               determines that phosphor copper from                    Preliminary Decision Memorandum and
                                                                                                                                                             to imports of phosphor copper from
                                               the Republic of Korea (Korea) is being,                 the electronic version of the Preliminary
                                                                                                                                                             Korea.9 In accordance with 19 CFR
                                               or is likely to be, sold in the United                  Decision Memorandum are identical in
                                                                                                                                                             351.206(c)(2)(i), when a critical
                                               States at less than fair value (LTFV). The              content.
                                                                                                                                                             circumstances allegation is submitted
                                               Department also preliminarily                           Scope of the Investigation                            more than 20 days before the scheduled
                                               determines that critical circumstances                                                                        date of the preliminary determination,
                                               do not exist with regard to imports of                     The product covered by this
                                                                                                                                                             the Department must issue a
                                               phosphor copper from Korea. The                         investigation is phosphor copper from
                                                                                                                                                             preliminary finding whether there is a
                                               period of investigation (POI) is January                Korea. For a full description of the
                                                                                                                                                             reasonable basis to believe or suspect
                                               1, 2015, through December 31, 2015.                     scope of this investigation, see the
                                                                                                                                                             that critical circumstances exist no later
                                               Interested parties are invited to                       ‘‘Scope of the Investigation,’’ in
                                                                                                                                                             than the date of the preliminary
                                               comment on this preliminary                             Appendix I.
                                                                                                                                                             determination. Section 733(e)(1) of the
                                               determination.                                          Scope Comments                                        Act provides that the Department will
                                               DATES: Effective October 14, 2016.                                                                            preliminarily determine that critical
                                                                                                         In accordance with the preamble to
                                               FOR FURTHER INFORMATION CONTACT:                                                                              circumstances exist in a LTFV
                                                                                                       the Department’s regulations,5 the
                                               Cindy Robinson AD/CVD Operations,                                                                             investigation if there is a reasonable
                                                                                                       Initiation Notice set aside a period of               basis to believe or suspect that: (A)
                                               Office III, Enforcement and Compliance,                 time for parties to raise issues regarding
                                               International Trade Administration,                                                                           There is a history of dumping and
                                                                                                       product coverage (i.e., scope).6 No                   material injury by reason of dumped
                                               U.S. Department of Commerce, 14th                       interested party submitted comments on
                                               Street and Constitution Avenue NW.,                                                                           imports in the United States or
                                                                                                       the scope of this investigation.                      elsewhere of the subject merchandise, or
                                               Washington, DC 20230; telephone: (202)
                                               482–3797.                                               Postponement of Deadline for                          the person by whom, or for whose
                                               SUPPLEMENTARY INFORMATION:                              Preliminary Determination                             account, the merchandise was imported
                                                                                                                                                             knew or should have known that the
                                               Background                                                On August 5, 2016, the Department                   exporter was selling the subject
                                                                                                       published the notice of postponement                  merchandise at less than its fair value
                                                  In response to petitions filed on
                                                                                                       for the preliminary determination in                  and that there was likely to be material
                                               March 9, 2016,1 the Department
                                                                                                       this investigation in accordance with                 injury by reason of such sales; and (B)
                                               published the notice of initiation of this              section 733(c)(1)(B) of the Act and 19
                                               LTFV investigation concerning imports                                                                         there have been massive imports of the
                                               of phosphor cooper from Korea on April                                                                        subject merchandise over a relatively
                                                                                                         3 See Petitioner’s letter ‘‘Phosphor Copper from
                                               5, 2016.2 On July 27, 2016, the                         the Republic of Korea: Petitioner’s Critical
                                                                                                                                                             short period. We have conducted an
                                               Department received timely allegations,                 Circumstances Allegation,’’ (Critical Circumstances   analysis of critical circumstances in
                                               pursuant to sections 703(e)(l) and                      Allegation) dated July 27, 2016.                      accordance with section 733(e) of the
                                               733(e)(l) of the Tariff Act of 1930, as                   4 See Memorandum from Christian Marsh, Deputy
                                                                                                                                                             Act and 19 CFR 351.206, and
                                                                                                       Assistant Secretary for Antidumping and               preliminarily determine that critical
                                               amended (the Act), and 19 CFR 351.206,                  Countervailing Duty Operations, to Ronald K.
                                               that critical circumstances exist with                  Lorentzen, Acting Assistant Secretary for             circumstances do not exist with regard
rmajette on DSK2TPTVN1PROD with NOTICES




                                                                                                       Enforcement and Compliance, ‘‘Decision
                                                  1 See the Petition for the Imposition of             Memorandum for the Preliminary Determination in         7 See Phosphor Copper from the Republic of

                                               Antidumping Duties on Imports of Phosphor               the Antidumping Duty Investigation of Phosphor        Korea: Postponement of Preliminary Determination
                                               Copper from the Republic of Korea, dated March 9,       Copper from the Republic of Korea’’ (Preliminary      of Antidumping Duty Investigation, 81 FR 51858
                                               2016 (the Petition).                                    Decision Memorandum), dated concurrently with         (August 5, 2016).
                                                  2 See Phosphor Copper from the Republic of           this notice.                                            8 Id.
                                                                                                         5 See Antidumping Duties; Countervailing Duties,
                                               Korea: Initiation of Less-Than-Fair-Value                                                                       9 See Petitioner’s letter ‘‘Phosphor Copper from

                                               Investigation, 81 FR 19552 (April 5, 2016)              62 FR 27296, 27323 (May 19, 1997).                    the Republic of Korea: Petitioner’s Critical
                                               (Initiation Notice).                                      6 See Initiation Notice, 81 FR at 19553.            Circumstances Allegation,’’ dated July 27, 2016.



                                          VerDate Sep<11>2014   14:29 Oct 13, 2016   Jkt 241001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\14OCN1.SGM   14OCN1


                                               71050                         Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices

                                               to imports of phosphor copper from                     Disclosure and Public Comment                          of this preliminary determination or 45
                                               Korea. For a full description of this                     We will disclose the calculations                   days after our final determination
                                               issue, see the Preliminary Decision                    performed to interested parties in this                whether these imports are materially
                                               Memorandum.                                            proceeding within five days after public               injuring, or threaten material injury to,
                                                                                                      announcement of the preliminary                        the U.S. industry.
                                               All-Others Rate
                                                                                                      determination in accordance with 19                    Notification to Interested Parties
                                                  Consistent with sections                            CFR 351.224(b).
                                                                                                         Interested parties are invited to                     This determination is issued and
                                               733(d)(1)(A)(ii) and 735(c)(5) of the Act,                                                                    published in accordance with sections
                                               the Department calculated an estimated comment on this preliminary                                            733(f) and 777(i)(1) of the Act and 19
                                               all-others rate. Section 735(c)(5)(A) of               determination. Case briefs or other
                                                                                                      written comments may be submitted to                   CFR 351.205(c).
                                               the Act provides that the estimated all-
                                               others rate shall be an amount equal to                the Assistant Secretary for Enforcement                  Dated: October 5, 2016.
                                               the weighted average of the estimated                  and Compliance no later than seven                     Ronald K. Lorentzen,
                                               weighted-average dumping margins                       days after the date on which the final                 Acting Assistant Secretary for Enforcement
                                               established for exporters and producers                verification report is issued in this                  and Compliance.
                                               individually investigated, excluding any investigation, and rebuttal briefs,                                  Appendix I
                                                                                                      limited to issues raised in case briefs,
                                               zero and de minimis margins, and any
                                                                                                      may be submitted no later than five days               Scope of the Investigation
                                               margins determined entirely under
                                                                                                      after the deadline date for case briefs.10                The merchandise covered by this
                                               section 776 of the Act.
                                                                                                      Pursuant to 19 CFR 351.309(c)(2) and                   investigation is master alloys 12 of copper
                                                  Bongsan Co., Ltd. (Bongsan) is the                  (d)(2), parties who submit case briefs or              containing between five percent and 17
                                               only respondent for which the                          rebuttal briefs in this proceeding are                 percent phosphorus by nominal weight,
                                               Department has calculated a company-                   encouraged to submit with each                         regardless of form (including but not limited
                                               specific rate. Therefore, for purposes of              argument: (1) A statement of the issue;                to shot, pellet, waffle, ingot, or nugget), and
                                                                                                                                                             regardless of size or weight. Subject
                                               determining the ‘‘all others’’ rate and                (2) a brief summary of the argument;
                                                                                                                                                             merchandise consists predominantly of
                                               pursuant to section 735(c)(5)(A) of the                and (3) a table of authorities. Pursuant               copper (by weight), and may contain other
                                               Act, we are using the dumping margin                   to 19 CFR 351.310(c), interested parties               elements, including but not limited to iron
                                               calculated for Bongsan, as referenced in who wish to request a hearing must                                   (Fe), lead (Pb), or tin (Sn), in small amounts
                                               the ‘‘Preliminary Determination’’                      submit a written request to the Assistant              (up to one percent by nominal weight).
                                               section below.                                         Secretary for Enforcement and                          Phosphor copper is frequently produced to
                                                                                                      Compliance, U.S. Department of                         JIS H2501 and ASTM B–644, Alloy 3A
                                               Preliminary Determination                              Commerce. Requests should contain the                  standards or higher; however, merchandise
                                                                                                      party’s name, address, and telephone                   covered by this investigation includes all
                                                  The Department preliminarily                                                                               phosphor copper, regardless of whether the
                                                                                                      number, the number of participants, and
                                               determines that the following weighted-                                                                       merchandise meets, fails to meet, or exceeds
                                                                                                      a list of the issues to be discussed. If a
                                               average dumping margins exist:                                                                                these standards.
                                                                                                      request for a hearing is made, the                        Merchandise covered by this investigation
                                                                                                      Department intends to hold the hearing                 is currently classified in the Harmonized
                                                                                   Weighted-average
                                                Producer and/or exporter            dumping margin    at the U.S. Department of Commerce,                    Tariff Schedule of the United States (HTSUS)
                                                                                       (percent)      14th Street and Constitution Avenue                    under subheading 7405.00.1000. This HTSUS
                                                                                                      NW., Washington, DC 20230, at a time                   subheading is provided for convenience and
                                               Bongsan Co., Ltd. ...........                     3.79 and date to be determined. Parties                     customs purposes; the written description of
                                               All-Others ........................               3.79 should confirm by telephone the date,                  the scope of this investigation is dispositive.
                                                                                                      time, and location of the hearing two                  Appendix II
                                               Suspension of Liquidation                              days before the scheduled date.
                                                                                                         All documents must be filed                         List of Topics Discussed in the Preliminary
                                                  Because the Department has made an                  electronically using ACCESS. An                        Decision Memorandum:
                                               affirmative preliminary determination of electronically-filed request must be                                 I. Summary
                                               sales at less than fair value, in                      received successfully in its entirety by               II. Background
                                               accordance with section 733(d)(2) of the ACCESS by 5:00 p.m. Eastern Time,                                    III. Period of Investigation
                                               Act, we are directing U.S. Customs and                 within 30 days after the date of                       IV. Scope of the Investigation
                                                                                                                                                             V. Scope Comments
                                               Border Protection (CBP) to suspend                     publication of this notice.11                          VI. Respondent Selection
                                               liquidation of all entries of phosphor                                                                        VII. Preliminary Determination of Critical
                                                                                                      Verification
                                               copper from Korea, as described in the                                                                              Circumstances
                                               ‘‘Scope of the Investigation’’ section,                   As provided in section 782(i) of the                VIII. Discussion of the Methodology
                                               entered, or withdrawn from warehouse, Act, we intend to verify information                                       A. Determination of the Comparison
                                               for consumption on or after the date of                relied upon in making our final                              Method
                                               publication of this notice in the Federal determination.                                                         B. Results of the Differential Pricing
                                               Register.                                                                                                           Analysis
                                                                                                      International Trade Commission (ITC)                   IX. Date of Sale
                                                  Pursuant to section 733 (d)(1)(B) of                Notification                                           X. Product Comparisons
                                               the Act and 19 CFR 351.205(d), the                        In accordance with section 733(f) of                XI. Export Price and Constructed Export
                                               Department will instruct CBP to require the Act, we are notifying the ITC of our                                    Price
rmajette on DSK2TPTVN1PROD with NOTICES




                                               a cash deposit equal to the weighted-                  affirmative preliminary determination of               XII. Normal Value
                                               average amount by which the NV                                                                                   A. Comparison Market Viability
                                                                                                      sales at LTFV. If our final determination                 B. Level of Trade
                                               exceeds U.S. price as indicated in the                 is affirmative, the ITC will determine                    C. Cost of Production
                                               chart above. The suspension of                         before the later of 120 days after the date
                                               liquidation instructions and cash                                                                               12 A ‘‘master alloy’’ is a base metal, such as
                                               deposit requirements will remain in                      10 See 19 CFR 351.309.
                                                                                                                                                             copper, to which a relatively high percentage of one
                                               effect until further notice.                             11 See 19 CFR 351.310(c).                            or two other elements is added.



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                                                                             Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices                                                   71051

                                                 1. Calculation of COP                                 Period of Investigation                                more than 25 percent of the estimated
                                                 2. Test of Comparison Market Sales Prices                                                                    weighted-average dumping margin.
                                                 3. Results of the COP Test                              The period of investigation is July 1,
                                                                                                                                                                Because PCT is the only mandatory
                                                 D. Calculation of NV Based on Comparison              2015, through December 31, 2015.
                                                    Market Prices
                                                                                                                                                              respondent eligible for a separate rate,
                                               XIII. Currency Conversion                               Scope of the Investigation                             PCT is the only respondent for which
                                               XIV. Verification                                                                                              we individually calculated an estimated
                                                                                                          The products covered by this                        weighted-average dumping margin. For
                                               XV. Conclusion
                                               [FR Doc. 2016–24818 Filed 10–13–16; 8:45 am]
                                                                                                       investigation are truck and bus tires. For             this reason, we assigned PCT’s
                                                                                                       a full description of the scope of this                calculated rate to all non-examined
                                               BILLING CODE 3510–DS–P
                                                                                                       investigation, see the ‘‘Scope of the                  separate rate respondents. With this
                                                                                                       Investigation’’ in the Appendix of this                amended preliminary determination,
                                               DEPARTMENT OF COMMERCE                                  notice.                                                the estimated weighted-average
                                                                                                       Analysis of Significant Ministerial                    dumping margin for each non-examined
                                               International Trade Administration                      Error Allegation                                       separate rate respondent is also
                                               [A–570–040]                                                                                                    amended to 30.36 percent.
                                                                                                          The Department will analyze any                       In the Preliminary Determination,
                                               Truck and Bus Tires From the People’s                   comments received and, if appropriate,                 because the rate individually calculated
                                               Republic of China: Amended                              correct any significant ministerial error              for PCT was lower than the highest
                                               Preliminary Affirmative Determination                   by amending the preliminary                            dumping margin alleged in the petition,
                                               of Sales at Less Than Fair Value                        determination according to 19 CFR                      we used the highest petition rate of
                                                                                                       351.224(e). A ministerial error is                     22.57 percent as the adverse facts
                                               AGENCY:  Enforcement and Compliance,                    defined as ‘‘an error in addition,
                                               International Trade Administration,                                                                            available (AFA) applied to the PRC-
                                                                                                       subtraction, or other arithmetic                       wide entity. Because PCT’s amended
                                               Department of Commerce.                                 function, clerical error resulting from                preliminary estimated weighted-average
                                               SUMMARY: On September 6, 2016, the                      inaccurate copying, duplication, or the                dumping margin is now higher than the
                                               Department of Commerce (the                             like, and any other similar type of                    highest dumping margin alleged in the
                                               Department) published the preliminary                   unintentional error which the Secretary                petition, the AFA rate applied to the
                                               determination of sales at less than fair                considers ministerial.’’ 3 A significant               PRC-wide entity will also be 30.36
                                               value (LTFV) in the LTFV investigation                  ministerial error is defined as a                      percent.6 Because we are relying on
                                               of truck and bus tires from the People’s                ministerial error, the correction of                   information obtained in the course of
                                               Republic of China (the PRC). We are                     which, singly or in combination with                   this investigation on which to base this
                                               amending our preliminary                                other errors, would result in: (1) A                   rate, not on secondary information, it is
                                               determination to correct two ministerial                change of at least five absolute                       not necessary to corroborate this
                                               errors which are significant in                         percentage points in, but not less than                calculated rate as AFA.7
                                               combination.                                            25 percent of, the weighted-average
                                               DATES: Effective October 14, 2016.                      dumping margin calculated in the                       Amended Cash Deposits and
                                                                                                       original (erroneous) preliminary                       Suspension of Liquidation
                                               FOR FURTHER INFORMATION CONTACT:
                                               Yang Jin Chun or Andre Gziryan, AD/                     determination; or (2) a difference                        The collection of cash deposits and
                                               CVD Operations Office I, Enforcement                    between a weighted-average dumping                     suspension of liquidation will be
                                               and Compliance, International Trade                     margin of zero or de minimis and a                     revised accordingly, in accordance with
                                               Administration, U.S. Department of                      weighted-average dumping margin of                     section 733(d) and (f) of the Act and 19
                                               Commerce, 1401 Constitution Avenue                      greater than de minimis or vice versa.4                CFR 351.224. The amended cash deposit
                                               NW., Washington, DC 20230; telephone:                      Pursuant to 19 CFR 351.224(e) and                   rate will be 29.95 percent after the
                                               (202) 482–5760 and (202) 482–2201,                      (g)(1), the Department is amending the                 deduction of the export subsidy rate of
                                               respectively.                                           Preliminary Determination to reflect the               0.41 percent from 30.36 percent.8
                                                                                                       correction of two ministerial errors it                Because it is an increase from the
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       made in the calculation of the estimated               Preliminary Determination, the
                                               Background                                              weighted-average dumping margin for                    amended cash deposit rate will be
                                                  On September 6, 2016, the                            PCT, a mandatory respondent.5 The                      effective on the date of publication of
                                               Department published the preliminary                    combination of these two errors                        this notice in the Federal Register.
                                               determination that truck and bus tires                  constitutes a significant ministerial error
                                                                                                       within the meaning of 19 CFR                           Amended Preliminary Determination
                                               from the PRC are being sold in the
                                               United States at LTFV, as provided in                   351.224(g) because PCT’s margin                          The Department preliminarily
                                               section 733 of the Tariff Act of 1930, as               increased from 20.87 percent to 30.36                  determines that the following estimated
                                               amended (the Act).1 On September 6,                     percent as a result of correcting these
                                               2016, the Department received timely                    two ministerial errors, exceeding the                     6 See Preliminary Determination and


                                               filed allegations of ministerial errors in              significant threshold with a change of at              accompanying Preliminary Decision Memorandum
                                                                                                       least five absolute percentage points and              at 20 (‘‘In an investigation, the Department’s
                                               the Preliminary Determination.2                                                                                practice with respect to the assignment of an AFA
                                                                                                                                                              rate is to select the higher of (1) the highest
                                                 1 See Truck and Bus Tires From the People’s           Allied Industrial and Service Workers International    dumping margin alleged in the petition or (2) the
                                               Republic of China: Preliminary Affirmative              Union, AFL–CIO, CLC.                                   highest calculated dumping margin of any
rmajette on DSK2TPTVN1PROD with NOTICES




                                                                                                         3 See section 735(e) of the Act.                     respondent in the investigation.’’) (citation
                                               Determinations of Sales at Less Than Fair Value
                                               and Critical Circumstances, and Postponement of           4 See 19 CFR 351.224(g).                             omitted).
                                               Final Determination, 81 FR 61186 (September 6,            5 See Memorandum from Senior Director James             7 See 1,1,1,2-Tetrafluroethane From the People’s

                                               2016) (Preliminary Determination).                      Maeder to Deputy Assistant Secretary Christian         Republic of China: Final Determination of Sales at
                                                 2 See the ministerial error allegations from the      Marsh entitled, ‘‘Less-Than-Fair-Value Investigation   Less Than Fair Value, 79 FR 62597 (October 20,
                                               petitioner and Prinx Chengshan (Shandong) Tire          of Truck and Bus Tires from the People’s Republic      2014), and accompanying Issues and Decision
                                               Co., Ltd. (PCT) dated September 6, 2016. The            of China: Allegations of Ministerial Errors in the     Memorandum at 3. See also section 776(c) of the
                                               petitioner in this investigation is United Steel,       Preliminary Determination,’’ dated concurrently        Act and 19 CFR 351.308(c) and (d).
                                               Paper and Forestry, Rubber, Manufacturing, Energy,      with and hereby adopted by this notice.                   8 See Preliminary Determination, 81 FR at 61191.




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Document Created: 2016-10-14 00:00:26
Document Modified: 2016-10-14 00:00:26
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 October 14, 2016.
ContactCindy Robinson AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3797.
FR Citation81 FR 71049 

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