81_FR_93909 81 FR 93664 - Seamless Refined Copper Pipe and Tube from the People's Republic of China and Mexico: Continuation of Antidumping Duty Orders

81 FR 93664 - Seamless Refined Copper Pipe and Tube from the People's Republic of China and Mexico: Continuation of Antidumping Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 245 (December 21, 2016)

Page Range93664-93665
FR Document2016-30653

As a result of the determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (the ``ITC'') that revocation of the antidumping duty (``AD'') 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 a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing this notice of continuation of the AD orders.

Federal Register, Volume 81 Issue 245 (Wednesday, December 21, 2016) 
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Notices]
[Pages 93664-93665]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30653]


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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: Continuation of Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(the ``ITC'') that revocation of the antidumping duty (``AD'') 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 a continuation or recurrence of dumping and material injury to 
an industry in the United States, the Department is publishing this 
notice of continuation of the AD orders.

DATES: Effective December 21, 2016.

FOR FURTHER INFORMATION CONTACT: Robert Galantucci, 202-482-2923, AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    On November 22, 2010, the Department published the AD orders on 
copper pipe and tube from the PRC and Mexico.\1\ On October 1, 2015, 
the Department initiated \2\ and the ITC instituted \3\ five-year 
(sunset) reviews of the Orders, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the ``Act''). As a result of its 
reviews, the Department determined that revocation of the Orders would 
likely lead to continuation or recurrence of dumping.\4\ The 
Department, therefore, notified the ITC of the magnitude of the dumping 
margins likely to prevail should the Orders be revoked.\5\ On December 
8, 2016, the ITC published its determination that revocation of the 
Orders would likely lead to continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time, pursuant to section 751(c) of the Act.\6\
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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 Initiation of Five-Year (``Sunset'') Review, 80 FR 59133 
(October 1, 2015).
    \3\ See Seamless Refined Copper Pipe and Tube from China and 
Mexico; Institution of Five-Year Reviews, 80 FR 59186 (October 1, 
2015).
    \4\ See 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 (January 26, 
2016) and accompanying Preliminary Decision Memorandum; Seamless 
Refined Copper Pipe and Tube from the People's Republic of China and 
Mexico: Final Results of the Full Sunset Reviews of the Antidumping 
Duty Orders, 81 FR 38134 (June 13, 2016).
    \5\ Id.
    \6\ See Seamless Refined Copper Pipe and Tube From China and 
Mexico; Determination, 81 FR 88704 (December 8, 2016).
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Scope of the Orders

    For the purpose of the Orders, the products covered are all 
seamless circular refined copper pipes and tubes, including redraw 
hollows, greater than or equal to six inches (152.4 mm) in length and 
measuring less than 12.130 inches (308.102 mm) (actual) in outside 
diameter (``OD''), regardless of wall thickness, bore (e.g., smooth, 
enhanced with inner grooves or ridges), manufacturing process (e.g., 
hot finished, cold-drawn, annealed), outer surface (e.g., plain or 
enhanced with grooves, ridges, fins, or gills), end finish (e.g., plain 
end, swaged end, flared end, expanded end, crimped end, threaded), 
coating (e.g., plastic, paint), insulation, attachments (e.g., plain, 
capped, plugged, with compression or other fitting), or physical 
configuration (e.g., straight, coiled, bent, wound on spools).
    The scope of the Orders covers, but is not limited to, seamless 
refined copper pipe and tube produced or comparable to the American 
Society for Testing and Materials (``ASTM'') ASTM-B42, ASTM-B68, ASTM-
B75, ASTM-B88, ASTM-B88M, ASTM-B188, ASTM-B251, ASTM-B251M, ASTM-B280, 
ASTM-B302, ASTM-B306, ASTM-359, ASTM-B743, ASTM-B819, and ASTM-B903 
specifications and meeting the physical parameters described therein. 
Also included within the scope of the Orders are all sets of covered 
products, including ``line sets'' of seamless refined copper tubes 
(with or without fittings or insulation) suitable for connecting an 
outdoor air conditioner or heat pump to an indoor evaporator unit. The 
phrase ``all sets of covered products'' denotes any combination of 
items put up for sale that is comprised of merchandise subject to the 
scope.
    ``Refined copper'' is defined as: (1) Metal containing at least 
99.85 percent by weight of copper; or (2) metal containing at least 
97.5 percent by weight of copper, provided that the content by weight 
of any other element does not exceed the following limits:

------------------------------------------------------------------------
                                                             Limiting
                                                              Content
                         Element                            Percent by
                                                              Weight
------------------------------------------------------------------------
Ag--Silver..............................................            0.25
As--Arsenic.............................................             0.5
Cd--Cadmium.............................................             1.3
Cr--Chromium............................................             1.4
Mg--Magnesium...........................................             0.8
Pb--Lead................................................             1.5
S--Sulfur...............................................             0.7
Sn--Tin.................................................             0.8
Te--Tellurium...........................................             0.8
Zn--Zinc................................................             1.0
Zr--Zirconium...........................................             0.3
Other elements (each)...................................             0.3
------------------------------------------------------------------------

    Excluded from the scope of the Orders are all seamless circular 
hollows of refined copper less than 12 inches in length whose OD 
(actual) exceeds its length. 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.

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of the Orders would likely lead to continuation or 
recurrence of

[[Page 93665]]

dumping and material injury to an industry in the United States, 
pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), the 
Department hereby orders the continuation of the AD orders on copper 
pipe and tube from the PRC and Mexico. United States Customs and Border 
Protection will continue to collect AD cash deposits at the rates in 
effect at the time of entry for all imports of subject merchandise.
    The effective date of the continuation of the Orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next five-year reviews of the Orders not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.
    These five-year sunset reviews and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: December 14, 2016.
Paul Piquado,
Assistant Secretary, for Enforcement and Compliance.
[FR Doc. 2016-30653 Filed 12-20-16; 8:45 am]
 BILLING CODE 3510-DS-P

93664 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices specifically related to the delivery of copper pipe and tube from the PRC and pipe and tube produced or comparable services, which is consistent with Mexico.1 On October 1, 2015, the to the American Society for Testing and federal accounting standards. Department initiated 2 and the ITC Materials (‘‘ASTM’’) ASTM–B42, instituted 3 five-year (sunset) reviews of ASTM–B68, ASTM–B75, ASTM–B88, Conclusion the Orders, pursuant to section 751(c) of ASTM–B88M, ASTM–B188, ASTM– Based on the information provided the Tariff Act of 1930, as amended (the B251, ASTM–B251M, ASTM–B280, above, the US&FCS believes its ‘‘Act’’). As a result of its reviews, the ASTM–B302, ASTM–B306, ASTM–359, proposed fees are consistent with both Department determined that revocation ASTM–B743, ASTM–B819, and ASTM– the mission of US&FCS to promote of the Orders would likely lead to B903 specifications and meeting the ‘‘exports of goods and services from the continuation or recurrence of dumping.4 physical parameters described therein. United States, particularly by small The Department, therefore, notified the Also included within the scope of the businesses and medium-sized ITC of the magnitude of the dumping Orders are all sets of covered products, businesses,’’ and the objective of OMB margins likely to prevail should the including ‘‘line sets’’ of seamless refined Circular A–25 to ‘‘promote efficient Orders be revoked.5 On December 8, copper tubes (with or without fittings or allocation of the nation’s resources by 2016, the ITC published its insulation) suitable for connecting an establishing charges for special benefits determination that revocation of the outdoor air conditioner or heat pump to provided to the recipient that are at least Orders would likely lead to an indoor evaporator unit. The phrase as great as the cost to the U.S. continuation or recurrence of material ‘‘all sets of covered products’’ denotes Government of providing the special injury to an industry in the United any combination of items put up for sale benefits.’’ States within a reasonably foreseeable that is comprised of merchandise time, pursuant to section 751(c) of the subject to the scope. Frank Spector, Act.6 ‘‘Refined copper’’ is defined as: (1) Senior Advisor, Office of Trade Promotion Metal containing at least 99.85 percent Programs. Scope of the Orders by weight of copper; or (2) metal [FR Doc. 2016–30423 Filed 12–20–16; 8:45 am] For the purpose of the Orders, the containing at least 97.5 percent by BILLING CODE 3510–FP–P products covered are all seamless weight of copper, provided that the circular refined copper pipes and tubes, content by weight of any other element including redraw hollows, greater than does not exceed the following limits: DEPARTMENT OF COMMERCE or equal to six inches (152.4 mm) in length and measuring less than 12.130 Limiting International Trade Administration Content inches (308.102 mm) (actual) in outside Element [A–570–964; A–201–838] diameter (‘‘OD’’), regardless of wall Percent by Weight thickness, bore (e.g., smooth, enhanced Seamless Refined Copper Pipe and with inner grooves or ridges), Ag—Silver ............................. 0.25 Tube from the People’s Republic of manufacturing process (e.g., hot As—Arsenic .......................... 0.5 China and Mexico: Continuation of finished, cold-drawn, annealed), outer Cd—Cadmium ...................... 1.3 Antidumping Duty Orders surface (e.g., plain or enhanced with Cr—Chromium ...................... 1.4 grooves, ridges, fins, or gills), end finish Mg—Magnesium ................... 0.8 AGENCY: Enforcement and Compliance, Pb—Lead .............................. 1.5 International Trade Administration, (e.g., plain end, swaged end, flared end, S—Sulfur .............................. 0.7 Department of Commerce. expanded end, crimped end, threaded), Sn—Tin ................................. 0.8 SUMMARY: As a result of the coating (e.g., plastic, paint), insulation, Te—Tellurium ....................... 0.8 determinations by the Department of attachments (e.g., plain, capped, Zn—Zinc ............................... 1.0 Commerce (the ‘‘Department’’) and the plugged, with compression or other Zr—Zirconium ....................... 0.3 fitting), or physical configuration (e.g., Other elements (each) .......... 0.3 International Trade Commission (the ‘‘ITC’’) that revocation of the straight, coiled, bent, wound on spools). The scope of the Orders covers, but is Excluded from the scope of the Orders antidumping duty (‘‘AD’’) orders on not limited to, seamless refined copper are all seamless circular hollows of seamless refined copper pipe and tube refined copper less than 12 inches in (‘‘copper pipe and tube’’) from the 1 See Seamless Refined Copper Pipe and Tube length whose OD (actual) exceeds its People’s Republic of China (‘‘PRC’’) and from Mexico and the People’s Republic of China: length. The products subject to the Mexico would likely lead to a Antidumping Duty Orders and Amended Final Orders are currently classifiable under continuation or recurrence of dumping Determination of Sales at Less Than Fair Value from Mexico, 75 FR 71070 (November 22, 2010) subheadings 7411.10.1030 and and material injury to an industry in the (‘‘Orders’’). 7411.10.1090 of the Harmonized Tariff United States, the Department is 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 Schedule of the United States publishing this notice of continuation of FR 59133 (October 1, 2015). (‘‘HTSUS’’). Products subject to the the AD orders. 3 See Seamless Refined Copper Pipe and Tube Orders may also enter under HTSUS DATES: Effective December 21, 2016. from China and Mexico; Institution of Five-Year Reviews, 80 FR 59186 (October 1, 2015). subheadings 7407.10.1500, FOR FURTHER INFORMATION CONTACT: 4 See Seamless Refined Copper Pipe and Tube 7419.99.5050, 8415.90.8065, and Robert Galantucci, 202–482–2923, AD/ from the People’s Republic of China and Mexico: 8415.90.8085. Although the HTSUS CVD Operations, Enforcement and Preliminary Results of the Sunset Reviews of the subheadings are provided for Compliance, International Trade Antidumping Duty Orders, 81 FR 4252 (January 26, asabaliauskas on DSK3SPTVN1PROD with NOTICES 2016) and accompanying Preliminary Decision convenience and customs purposes, the Administration, U.S. Department of Memorandum; Seamless Refined Copper Pipe and written description of the scope of the Commerce, 14th Street and Constitution Tube from the People’s Republic of China and Orders is dispositive. Avenue NW., Washington, DC 20230. Mexico: Final Results of the Full Sunset Reviews of the Antidumping Duty Orders, 81 FR 38134 (June Continuation of the Orders SUPPLEMENTARY INFORMATION: 13, 2016). 5 Id. As a result of the determinations by Background the Department and the ITC that 6 See Seamless Refined Copper Pipe and Tube On November 22, 2010, the From China and Mexico; Determination, 81 FR revocation of the Orders would likely Department published the AD orders on 88704 (December 8, 2016). lead to continuation or recurrence of VerDate Sep<11>2014 18:38 Dec 20, 2016 Jkt 241001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\21DEN1.SGM 21DEN1

Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices 93665 dumping and material injury to an the decision of the United States Court additional information if necessary and industry in the United States, pursuant of Appeals for the Federal Circuit to provide parties an opportunity to to section 751(d)(2) of the Act and 19 (CAFC) in Timken Co., v United States, comment on any new additional CFR 351.218(a), the Department hereby 893 F.2d 337 (Fed. Cir. 1990) (Timken), information; and (3) explain our change orders the continuation of the AD orders as clarified by Diamond Sawblades in the calculation of our by-product on copper pipe and tube from the PRC Mfrs. Coalition v. United States, 626 methodology and to request additional and Mexico. United States Customs and F.3d 1374 (Fed. Cir. 2010) (Diamond information if necessary, and to provide Border Protection will continue to Sawblades), the Department of parties an opportunity to comment on collect AD cash deposits at the rates in Commerce (the Department) is notifying any new additional information.3 effect at the time of entry for all imports the public that the final judgment in this Upon consideration of the First of subject merchandise. case is not in harmony with the 2010– Remand Results,4 on August 20, 2015, The effective date of the continuation 2011 AR Final Results,2 and that the the Court remanded the 2010–2011 AR of the Orders will be the date of Department is amending the 2010–2011 Final Results and First Remand Results publication in the Federal Register of AR Final Results with respect to the to the Department as follows: (1) To this notice of continuation. Pursuant to weighted-average dumping margin either remove the labor items identified section 751(c)(2) of the Act, the assigned to both Juangcheng Kangtai among the selling, general and Department intends to initiate the next Chemical Co. Ltd. (Kangtai), and Hebei administrative (SG&A) expenses of the five-year reviews of the Orders not later Jiheng Chemical Co., Ltd. (Jiheng). financial statements from MVC or than 30 days prior to the fifth DATES: Effective December 3, 2016. explain why adhering to the anniversary of the effective date of FOR FURTHER INFORMATION CONTACT: Department’s Labor Methodology policy continuation. Emily Halle, AD/CVD Operations, Office is inappropriate in this instance; (2) to These five-year sunset reviews and VII, Enforcement and Compliance, either supply valid reasons to support this notice are in accordance with International Trade Administration, changing the byproduct methodology in section 751(c) of the Act and published U.S. Department of Commerce, 1401 this proceeding which amounts to a pursuant to section 777(i)(1) of the Act Constitution Avenue NW., Washington, ‘‘sufficient, reasoned analysis,’’ and 19 CFR 351.218(f)(4). DC 20230; telephone (202) 482–0176. supported by substantial evidence, or to Dated: December 14, 2016. revert to the ‘‘former’’ methodology, SUPPLEMENTARY INFORMATION: with any appropriate modification (e.g., Paul Piquado, Background capping) to avoid illogical conclusions Assistant Secretary, for Enforcement and that do not match the real world Compliance. On January 22, 2013, the Department published the 2010–2011 AR Final experience of the respondents; (3) to [FR Doc. 2016–30653 Filed 12–20–16; 8:45 am] Results. On July 24, 2014, the Court value urea using Philippine domestic BILLING CODE 3510–DS–P pricing data or explain why GTA import remanded the 2010–2011 AR Final Results to the Department regarding our data is superior to the domestic pricing primary surrogate country selection as data on the record; and (4) to select the DEPARTMENT OF COMMERCE best SVs for hydrogen and chlorine that follows: (1) Provide a reasonable International Trade Administration explanation why the range of the GNIs reflect a full consideration of the listed on the Surrogate Country interested parties’ comments and how [A–570–898] these inputs were valued in prior Memorandum qualify the countries as proximate and ‘‘economically administrative reviews.5 On November Chlorinated Isocyanurates From the 23, 2016, the Court sustained the People’s Republic of China: Notice of comparable’’ to the PRC, including a discussion of why the Department Department’s Final Second Court Decision Not in Harmony With Redetermination, and entered final the Final Results and Amended Final believes India’s GNI does not, if that continues to be our determination, judgment.6 Results of the Antidumping Duty Administrative Review; 2010–2011 qualify it as an economically Timken Notice comparable country, and (2) place the AGENCY: Enforcement and Compliance, In its decision in Timken, as clarified data on the record that the Department International Trade Administration, by Diamond Sawblades, the CAFC held relied upon to make our determination. Department of Commerce. that, pursuant to section 516A(e) of the The Court also accepted the Tariff Act of 1930, as amended (the Act), SUMMARY: On November 23, 2016, the Department’s request for a voluntary the Department must publish a notice of United States Court of International remand of the final results with the a court decision that is not ‘‘in Trade (the Court) sustained the final following instructions to: (1) Reconsider harmony’’ with a Department second remand redetermination whether the ILO wage rate used to value determination and must suspend pertaining to the administrative review the labor FOP includes labor, liquidation of entries pending a of the antidumping duty order on retirement, and employee benefit ‘‘conclusive’’ court decision. The Chlorinated Isocyanurates from the expenses, and whether these expenses People’s Republic of China (PRC) for the are double counted if the Department 3 See Clearon Corp., and Occidental Chemical period of review of June 1, 2010, does not adjust the financial ratio to Corp., et. al. v. United States, Slip Op. 14–88, through May 31, 2011.1 Consistent with correctly reflect overlapping expenses in Consolidated Court No. 13–00073 (CIT 2014) (First the financial statements; (2) explain the Redetermination). asabaliauskas on DSK3SPTVN1PROD with NOTICES 4 See Clearon Corp., and Occidental Chemical 1 See Clearon Corp., and Occidental Chemical Department’s change in methodology for Corp., et al. v. United States, Consol. Ct. No. 13– Corp., et. al. v. United States, Final Results of calculating intra-company Redetermination Pursuant to Remand, December 00073, Slip Op. 16–110 (CIT 2016); see also Memorandum, ‘‘Antidumping Duty Administrative transportation costs by collecting 11, 2014 (First Remand Results). 5 See Clearon Corp., and Occidental Chemical Review of Chlorinated Isocyanurates from the People’s Republic of China: Final Results of Second 2 See Chlorinated Isocyanurates From the Corp., et. al. v. United States, Slip Op. 15–91, Redetermination Pursuant to Remand,’’ March 22, People’s Republic of China: Final Results of Consolidated Court No. 13–00073 (CIT 2015). 2016 (Final Second Redetermination), and available Antidumping Duty Administrative Review; 2010– 6 See Clearon Corp., and Occidental Chemical here: http://enforcement.trade.gov/remands/15– 2011, 78 FR 4386 (January 22, 2013) (2010–2011 AR Corp., et. al. v. United States, Slip Op. 16–110, 91.pdf. Final Results). Consolidated Court No. 13–00073 (CIT 2016). VerDate Sep<11>2014 18:38 Dec 20, 2016 Jkt 241001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\21DEN1.SGM 21DEN1


Document Created: 2018-02-14 09:12:05
Document Modified: 2018-02-14 09:12:05
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 December 21, 2016.
ContactRobert Galantucci, 202-482-2923, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.
FR Citation81 FR 93664 
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