82_FR_12474 82 FR 12433 - Phosphor Copper From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances

82 FR 12433 - Phosphor Copper From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 41 (March 3, 2017)

Page Range12433-12435
FR Document2017-04130

The Department of Commerce (the Department) 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). Bongsan Co., Ltd. (Bongsan) is the sole mandatory respondent in this investigation. The period of investigation (POI) is January 1, 2015, through December 31, 2015. The final estimated dumping margins of sales at LTFV are shown below in the ``Final Determination'' section of this notice.

Federal Register, Volume 82 Issue 41 (Friday, March 3, 2017)
[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Notices]
[Pages 12433-12435]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04130]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-885]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) 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). 
Bongsan Co., Ltd. (Bongsan) is the sole mandatory respondent in this 
investigation. The period of investigation (POI) is January 1, 2015, 
through December 31, 2015. The final estimated dumping margins of sales 
at LTFV are shown below in the ``Final Determination'' section of this 
notice.

DATES: Effective March 3, 2017.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Samuel Brummitt, AD/
CVD Operations, Office III, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-3797 or (202) 
482-7851, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On October 14, 2016, the Department published its preliminary 
affirmative determination of sales at LTFV in the investigation of 
phosphor copper from Korea.\1\ The following events occurred since the 
Preliminary Determination was issued.
---------------------------------------------------------------------------

    \1\ See 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 
(October 14, 2016) (Preliminary Determination).
---------------------------------------------------------------------------

    On October 27, 2016, we postponed the final determination to 
February 27, 2017.\2\ Between November 9, 2016, and November 18, 2016, 
the Department verified the sales and cost data reported by Bongsan, 
the sole mandatory respondent in this investigation. We issued our 
verification reports of Bongsan's sales and cost responses on December 
9, 2016, and December 19, 2016, respectively.\3\
---------------------------------------------------------------------------

    \2\ See Phosphor Copper from the Republic of Korea: Postponement 
of Final Determination of Sales at Less Than Fair Value, 81 FR 74763 
(October 27, 2016). Postponing the final determination to 135 days 
after the publication of the Preliminary Determination would place 
the deadline on Sunday, February 26, 2017. The Department's practice 
dictates that where a deadline falls on a weekend or federal 
holiday, the appropriate deadline is the next business day. See 
Notice of Clarification: Application of ``Next Business Day'' Rule 
for Administrative Determination Deadlines Pursuant to the Tariff 
Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
    \3\ See Memorandum to the File from Cindy Robinson, Samuel 
Brummitt, and Amanda Mallott, Analysts, ``Verification of the Sales 
Responses of Bongsan Co., Ltd.,'' dated December 8, 2016 (Sales 
Verification Report); see also Memorandum to the File from Gina K. 
Lee, Senior Accountant, ``Verification of the Cost Response of 
Bongsan in the Antidumping Duty Investigation of Phosphor Copper 
from the Republic of Korea,'' dated December 19, 2016 (Cost 
Verification Report).
---------------------------------------------------------------------------

    Metallurgical Products Company (Petitioner) submitted its case 
brief on December 28, 2016.\4\ Bongsan submitted its rebuttal brief on 
January 3, 2017.\5\ Petitioner requested that the Department conduct a 
hearing in this investigation, which the Department conducted on 
January 25, 2017.\6\
---------------------------------------------------------------------------

    \4\ See Petitioner's letter dated December 27, 2016.
    \5\ See Bongsan's letter dated January 3, 2017.
    \6\ See Petitioner's letter, ``Phosphor Copper from Korea: 
Request for Hearing,'' dated November 14, 2016; see also Hearing 
Transcript, filed on the record February 6, 2017.
---------------------------------------------------------------------------

    A full discussion of the issues raised by parties for this final 
determination may be found in the Issues and Decision Memorandum, which 
is hereby adopted by this notice.\7\
---------------------------------------------------------------------------

    \7\ See Memorandum from James Maeder, Senior Director, Office I, 
for Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Issues and Decision Memorandum for the Final 
Determination in the Antidumping Duty Investigation of Phosphor 
Copper from the Republic of Korea,'' dated concurrently with this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is phosphor copper from

[[Page 12434]]

Korea. For a complete description of the scope of this investigation, 
see Appendix I.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs in this 
investigation are addressed in the Issues and Decision Memorandum. A 
list of the issues raised is attached to this notice at Appendix II. 
The Issues and 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 
is available to all parties in the Central Records Unit, Room B-8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/index.html. The signed and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Final Negative Determination of Critical Circumstances

    On October 14, 2016, the Department found that critical 
circumstances do not exist for merchandise exported by Bongsan.\8\ 
Based on the final dumping margin for Bongsan and further analysis 
following the Preliminary Determination, we are not modifying our 
findings for the final determination. For a complete discussion of this 
issue, see the ``Final Negative Determination of Critical 
Circumstances'' section of the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \8\ See Preliminary Determination.
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), from November 9, 2016, to November 13, 2016, we conducted 
verification of the sales responses by Bongsan. From November 14, 2016, 
to November 18, 2016, we conducted verification of the cost responses 
by Bongsan. We issued our verification reports of Bongsan's sales and 
cost responses on December 9, 2016, and December 19, 2016, 
respectively.\9\ The Department used standard verification procedures, 
including an examination of relevant accounting and production records 
and original source documents provided by Bongsan.\10\
---------------------------------------------------------------------------

    \9\ See Sales Verification Report; see also Cost Verification 
Report.
    \10\ Id.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made the following changes to Bongsan's final margin 
calculation: (1) We recalculated the company's general and 
administrative expense (G&A) ratio; (2) we recalculated the company's 
interest expense (INTEX) ratio; (3) we corrected a customer code for a 
U.S. customer in the calculation of billing adjustments; (4) we removed 
the duty drawback adjustment from Bongsan's margin calculation; and (5) 
we recalculated indirect selling expense ratios for home market and 
U.S. market sales. As a result of these changes, the weighted-average 
dumping margin for Bongsan and all others has changed. For a discussion 
of these changes, see the Issues and Decision Memorandum.

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 or de 
minimis margins, and any margins determined entirely under section 776 
of the Act. 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 ``Final Determination'' section below.

Final Determination

    The Department determines that the final estimated weighted-average 
dumping margins are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Bongsan Co., Ltd............................................        8.43
All Others..................................................        8.43
------------------------------------------------------------------------

Disclosure

    We will disclose the calculations performed within five days of the 
public announcement of this final determination, in accordance with 19 
CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue the 
suspension of liquidation of all appropriate entries of phosphor copper 
from Korea, as described in Appendix I of this notice, which were 
entered, or withdrawn from warehouse, for consumption on or after 
October 14, 2016, the date of publication of the Preliminary 
Determination of this investigation in the Federal Register. Further, 
the Department will instruct CBP to require a cash deposit equal to the 
estimated amount by which the normal value exceeds the U.S. price as 
shown above.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of our final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports of phosphor 
copper from Korea no later than 45 days after our final determination. 
If the ITC determines that material injury or threat of material injury 
does not exist, the proceeding will be terminated and all securities 
posted will be refunded or canceled. If the ITC determines that such 
injury does exist, the Department will issue an antidumping duty order 
directing CBP to assess, upon further instruction by the Department, 
antidumping duties on appropriate imports of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
effective date of the suspension of liquidation.

Notification Regarding Administrative Protective Orders (APO)

    This notice serves as a reminder to the parties subject to APO of 
their responsibility concerning the disposition of proprietary 
information disclosed under APOs in accordance with 19 CFR 
351.305(a)(3). Timely notification of the return or destruction of APO 
materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of APOs 
is a sanctionable violation.
    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act.


[[Page 12435]]


    Dated: February 27, 2017.
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 
\11\ 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.
---------------------------------------------------------------------------

    \11\ 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination
V. Scope of the Investigation
VI. Final Negative Determination of Critical Circumstances
VII. List of Comments
VIII. Discussion of Comments
    1. Whether the Department Should Adjust Bongsan's General and 
Administrative Expense Ratio to Exclude Items Related to Prior 
Periods
    2. Whether the Department Should Recalculate Bongsan's Financial 
Expense Ratio to Account for Gains and Losses on Certain Derivative 
Transactions
    3. Date of Sale for Certain U.S. Customer
    4. Duty Drawback
    5. Ministerial Error Regarding U.S. Billing Adjustments
    6. Revision to Indirect Selling Expense Ratios
IX. Recommendation

[FR Doc. 2017-04130 Filed 3-2-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                  Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices                                                     12433

                                                  751(a)(2) of the Act: (1) The cash deposit                (2) Product Comparisons                             Korea.1 The following events occurred
                                                  rate for companies subject to this review                 (3) Date of Sale                                    since the Preliminary Determination
                                                  will be the rates established in the final                (4) Level of Trade/CEP Offset                       was issued.
                                                  results of the review; (2) for                            (5) Arm’s Length                                       On October 27, 2016, we postponed
                                                                                                            (6) Export Price and Constructed Export             the final determination to February 27,
                                                  merchandise exported by producers or                         Price
                                                  exporters not covered in this review but                  (7) Normal Value
                                                                                                                                                                2017.2 Between November 9, 2016, and
                                                  covered in a prior segment of the                         (a) Overrun Sales                                   November 18, 2016, the Department
                                                  proceeding, the cash deposit rate will                    (b) Selection of Comparison Market                  verified the sales and cost data reported
                                                  continue to be the company-specific rate                  (c) Affiliated Parties                              by Bongsan, the sole mandatory
                                                  published for the most recent period; (3)                 (d) Affiliated Party Transactions and               respondent in this investigation. We
                                                  if the exporter is not a firm covered in                     Arm’s-Length Test                                issued our verification reports of
                                                  this review, a prior review, or the                       (e) Cost of Production                              Bongsan’s sales and cost responses on
                                                  original investigation but the producer                   (f) Calculation of Normal Value Based on            December 9, 2016, and December 19,
                                                                                                               Comparison Market Prices                         2016, respectively.3
                                                  is, the cash deposit rate will be the rate              VII. Currency Conversion
                                                  established for the most recent period                                                                           Metallurgical Products Company
                                                                                                          VIII. Recommendation
                                                  for the producer of the merchandise; (4)                                                                      (Petitioner) submitted its case brief on
                                                                                                          [FR Doc. 2017–04128 Filed 3–2–17; 8:45 am]            December 28, 2016.4 Bongsan submitted
                                                  the cash deposit rate for all other
                                                  producers or exporters will continue to                 BILLING CODE 3510–DS–P                                its rebuttal brief on January 3, 2017.5
                                                  be 0.98 percent,8 the all-others rate                                                                         Petitioner requested that the Department
                                                  established in the less-than-fair-value                                                                       conduct a hearing in this investigation,
                                                                                                          DEPARTMENT OF COMMERCE                                which the Department conducted on
                                                  investigation, adjusted for the export-
                                                  subsidy rate in the companion                                                                                 January 25, 2017.6
                                                                                                          International Trade Administration                       A full discussion of the issues raised
                                                  countervailing duty investigation.
                                                     These cash deposit requirements,                                                                           by parties for this final determination
                                                  when imposed, shall remain in effect
                                                                                                          [A–580–885]                                           may be found in the Issues and Decision
                                                                                                                                                                Memorandum, which is hereby adopted
                                                  until further notice.                                   Phosphor Copper From the Republic                     by this notice.7
                                                  Notification to Importers                               of Korea: Final Affirmative
                                                                                                          Determination of Sales at Less Than                   Scope of the Investigation
                                                    This notice serves as a preliminary                   Fair Value and Negative Final                           The product covered by this
                                                  reminder to importers of their                          Determination of Critical                             investigation is phosphor copper from
                                                  responsibility under 19 CFR                             Circumstances
                                                  351.402(f)(2) to file a certificate                                                                              1 See Phosphor Copper from the Republic of
                                                  regarding the reimbursement of                          AGENCY:  Enforcement and Compliance,                  Korea: Affirmative Preliminary Determination of
                                                  antidumping duties prior to liquidation                 International Trade Administration,                   Sales at Less Than Fair Value, Negative Preliminary
                                                  of the relevant entries during this POR.                                                                      Determination of Critical Circumstances, 81 FR
                                                                                                          Department of Commerce.                               71049 (October 14, 2016) (Preliminary
                                                  Failure to comply with this requirement                                                                       Determination).
                                                  could result in the Department’s                        SUMMARY:   The Department of Commerce                    2 See Phosphor Copper from the Republic of

                                                  presumption that reimbursement of                       (the Department) determines that                      Korea: Postponement of Final Determination of
                                                  antidumping duties occurred and the                     phosphor copper from the Republic of                  Sales at Less Than Fair Value, 81 FR 74763
                                                  subsequent assessment of double                         Korea (Korea) is being, or is likely to be,           (October 27, 2016). Postponing the final
                                                                                                          sold in the United States at less than fair           determination to 135 days after the publication of
                                                  antidumping duties.                                                                                           the Preliminary Determination would place the
                                                    The Department is issuing and                         value (LTFV). Bongsan Co., Ltd.                       deadline on Sunday, February 26, 2017. The
                                                  publishing these results in accordance                  (Bongsan) is the sole mandatory                       Department’s practice dictates that where a
                                                                                                          respondent in this investigation. The                 deadline falls on a weekend or federal holiday, the
                                                  with sections 751(a)(1) and 777(i) of the                                                                     appropriate deadline is the next business day. See
                                                  Act and 19 CFR 351.221(b)(4).                           period of investigation (POI) is January              Notice of Clarification: Application of ‘‘Next
                                                                                                          1, 2015, through December 31, 2015.                   Business Day’’ Rule for Administrative
                                                    Dated: February 27, 2017.                             The final estimated dumping margins of                Determination Deadlines Pursuant to the Tariff Act
                                                  Ronald K. Lorentzen,                                    sales at LTFV are shown below in the                  of 1930, As Amended, 70 FR 24533 (May 10, 2005).
                                                                                                                                                                   3 See Memorandum to the File from Cindy
                                                  Acting Assistant Secretary for Enforcement              ‘‘Final Determination’’ section of this               Robinson, Samuel Brummitt, and Amanda Mallott,
                                                  and Compliance.                                         notice.                                               Analysts, ‘‘Verification of the Sales Responses of
                                                                                                                                                                Bongsan Co., Ltd.,’’ dated December 8, 2016 (Sales
                                                  Appendix—List of Topics Discussed in                    DATES:   Effective March 3, 2017.                     Verification Report); see also Memorandum to the
                                                  the Preliminary Decision Memorandum                                                                           File from Gina K. Lee, Senior Accountant,
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      ‘‘Verification of the Cost Response of Bongsan in
                                                  I. Summary                                              Cindy Robinson or Samuel Brummitt,                    the Antidumping Duty Investigation of Phosphor
                                                  II. Background                                          AD/CVD Operations, Office III,                        Copper from the Republic of Korea,’’ dated
                                                  III. Scope of the Order                                                                                       December 19, 2016 (Cost Verification Report).
                                                  IV. Preliminary Determination of No
                                                                                                          Enforcement and Compliance,                              4 See Petitioner’s letter dated December 27, 2016.

                                                        Reviewable Entries                                International Trade Administration,                      5 See Bongsan’s letter dated January 3, 2017.

                                                  V. Rates for Respondents Not Selected for               U.S. Department of Commerce, 1401                        6 See Petitioner’s letter, ‘‘Phosphor Copper from

                                                        Individual Examination                            Constitution Avenue NW., Washington,                  Korea: Request for Hearing,’’ dated November 14,
                                                  VI. Discussion of the Methodology                       DC 20230; telephone: (202) 482–3797 or                2016; see also Hearing Transcript, filed on the
                                                     (1) Comparisons to Normal Value                      (202) 482–7851, respectively.                         record February 6, 2017.
                                                                                                                                                                   7 See Memorandum from James Maeder, Senior
mstockstill on DSK3G9T082PROD with NOTICES




                                                     A. Determination of Comparison Method
                                                     B. Results of the Differential Pricing               SUPPLEMENTARY INFORMATION:                            Director, Office I, for Antidumping and
                                                                                                                                                                Countervailing Duty Operations, to Ronald K.
                                                        Analysis                                          Background                                            Lorentzen, Acting Assistant Secretary for
                                                                                                                                                                Enforcement and Compliance, ‘‘Issues and Decision
                                                    8 See, e.g., Certain Cut-to-Length Carbon-Quality       On October 14, 2016, the Department                 Memorandum for the Final Determination in the
                                                  Steel Plate Products from the Republic of Korea:        published its preliminary affirmative                 Antidumping Duty Investigation of Phosphor
                                                  Final Results of Antidumping Duty Administrative                                                              Copper from the Republic of Korea,’’ dated
                                                  Review and New Shipper Review; 2014–2015, 81 FR
                                                                                                          determination of sales at LTFV in the                 concurrently with this notice (Issues and Decision
                                                  62712, 62714 (September 12, 2016).                      investigation of phosphor copper from                 Memorandum).



                                             VerDate Sep<11>2014   16:42 Mar 02, 2017   Jkt 241001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\03MRN1.SGM   03MRN1


                                                  12434                             Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices

                                                  Korea. For a complete description of the                 Changes Since the Preliminary                         U.S. Customs and Border Protection
                                                  scope of this investigation, see                         Determination                                         (CBP) to continue the suspension of
                                                  Appendix I.                                                 Based on our analysis of the                       liquidation of all appropriate entries of
                                                                                                           comments received and our findings at                 phosphor copper from Korea, as
                                                  Analysis of Comments Received
                                                                                                           verification, we made the following                   described in Appendix I of this notice,
                                                     All issues raised in the case and                     changes to Bongsan’s final margin                     which were entered, or withdrawn from
                                                  rebuttal briefs in this investigation are                calculation: (1) We recalculated the                  warehouse, for consumption on or after
                                                  addressed in the Issues and Decision                     company’s general and administrative                  October 14, 2016, the date of
                                                  Memorandum. A list of the issues raised                  expense (G&A) ratio; (2) we recalculated              publication of the Preliminary
                                                  is attached to this notice at Appendix II.               the company’s interest expense (INTEX)                Determination of this investigation in
                                                  The Issues and Decision Memorandum                       ratio; (3) we corrected a customer code               the Federal Register. Further, the
                                                  is a public document and is on file                      for a U.S. customer in the calculation of             Department will instruct CBP to require
                                                  electronically via Enforcement and                       billing adjustments; (4) we removed the               a cash deposit equal to the estimated
                                                  Compliance’s Antidumping and                             duty drawback adjustment from                         amount by which the normal value
                                                  Countervailing Duty Centralized                          Bongsan’s margin calculation; and (5)                 exceeds the U.S. price as shown above.
                                                  Electronic Service System (ACCESS).                      we recalculated indirect selling expense
                                                  ACCESS is available to registered users                  ratios for home market and U.S. market                International Trade Commission
                                                  at https://access.trade.gov and is                       sales. As a result of these changes, the              Notification
                                                  available to all parties in the Central                  weighted-average dumping margin for
                                                                                                                                                                    In accordance with section 735(d) of
                                                  Records Unit, Room B–8024 of the main                    Bongsan and all others has changed. For
                                                                                                           a discussion of these changes, see the                the Act, we will notify the International
                                                  Department of Commerce building. In                                                                            Trade Commission (ITC) of our final
                                                  addition, a complete version of the                      Issues and Decision Memorandum.
                                                                                                                                                                 affirmative determination of sales at
                                                  Issues and Decision Memorandum can                       All Others Rate                                       LTFV. Because the final determination
                                                  be accessed directly at http://
                                                                                                             Section 735(c)(5)(A) of the Act                     in this proceeding is affirmative, in
                                                  enforcement.trade.gov/frn/index.html.
                                                  The signed and electronic versions of                    provides that the estimated ‘‘all others’’            accordance with section 735(b)(2) of the
                                                  the Issues and Decision Memorandum                       rate shall be an amount equal to the                  Act, the ITC will make its final
                                                  are identical in content.                                weighted average of the estimated                     determination as to whether the
                                                                                                           weighted-average dumping margins                      domestic industry in the United States
                                                  Final Negative Determination of                          established for exporters and producers               is materially injured, or threatened with
                                                  Critical Circumstances                                   individually investigated, excluding any              material injury, by reason of imports of
                                                                                                           zero or de minimis margins, and any                   phosphor copper from Korea no later
                                                     On October 14, 2016, the Department                   margins determined entirely under                     than 45 days after our final
                                                  found that critical circumstances do not                 section 776 of the Act. Bongsan is the                determination. If the ITC determines
                                                  exist for merchandise exported by                        only respondent for which the
                                                  Bongsan.8 Based on the final dumping                                                                           that material injury or threat of material
                                                                                                           Department has calculated a company-                  injury does not exist, the proceeding
                                                  margin for Bongsan and further analysis                  specific rate. Therefore, for purposes of
                                                  following the Preliminary                                                                                      will be terminated and all securities
                                                                                                           determining the ‘‘all others’’ rate and               posted will be refunded or canceled. If
                                                  Determination, we are not modifying                      pursuant to section 735(c)(5)(A) of the
                                                  our findings for the final determination.                                                                      the ITC determines that such injury
                                                                                                           Act, we are using the dumping margin
                                                  For a complete discussion of this issue,                                                                       does exist, the Department will issue an
                                                                                                           calculated for Bongsan, as referenced in
                                                  see the ‘‘Final Negative Determination                                                                         antidumping duty order directing CBP
                                                                                                           the ‘‘Final Determination’’ section
                                                  of Critical Circumstances’’ section of the               below.                                                to assess, upon further instruction by
                                                  Issues and Decision Memorandum.                                                                                the Department, antidumping duties on
                                                                                                           Final Determination                                   appropriate imports of the subject
                                                  Verification                                                                                                   merchandise entered, or withdrawn
                                                                                                              The Department determines that the
                                                     As provided in section 782(i) of the                  final estimated weighted-average                      from warehouse, for consumption on or
                                                  Tariff Act of 1930, as amended (the Act),                dumping margins are as follows:                       after the effective date of the suspension
                                                  from November 9, 2016, to November                                                                             of liquidation.
                                                  13, 2016, we conducted verification of                                                            Weighted-
                                                                                                                                                     average     Notification Regarding Administrative
                                                  the sales responses by Bongsan. From                              Exporter/producer               dumping      Protective Orders (APO)
                                                  November 14, 2016, to November 18,                                                                  margin
                                                  2016, we conducted verification of the                                                            (percent)      This notice serves as a reminder to the
                                                  cost responses by Bongsan. We issued                                                                          parties subject to APO of their
                                                                                                           Bongsan Co., Ltd ........................       8.43
                                                  our verification reports of Bongsan’s                                                                         responsibility concerning the
                                                                                                           All Others .................................... 8.43
                                                  sales and cost responses on December 9,                                                                       disposition of proprietary information
                                                  2016, and December 19, 2016,                                                                                  disclosed under APOs in accordance
                                                                                                           Disclosure
                                                  respectively.9 The Department used                                                                            with 19 CFR 351.305(a)(3). Timely
                                                  standard verification procedures,                           We will disclose the calculations                 notification of the return or destruction
                                                  including an examination of relevant                     performed within five days of the public of APO materials, or conversion to
                                                                                                           announcement of this final
mstockstill on DSK3G9T082PROD with NOTICES




                                                  accounting and production records and                                                                         judicial protective order, is hereby
                                                  original source documents provided by                    determination, in accordance with 19                 requested. Failure to comply with the
                                                  Bongsan.10                                               CFR 351.224(b).                                      regulations and the terms of APOs is a
                                                                                                           Continuation of Suspension of                        sanctionable violation.
                                                    8 See  Preliminary Determination.                      Liquidation                                             This determination and this notice are
                                                    9 See  Sales Verification Report; see also Cost
                                                  Verification Report.                                        In accordance with section                        issued and published pursuant to
                                                    10 Id.                                                 735(c)(1)(B) of the Act, we will instruct            sections 735(d) and 777(i)(1) of the Act.


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                                                                                  Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices                                                     12435

                                                    Dated: February 27, 2017.                             DEPARTMENT OF COMMERCE                                Scope of the Order
                                                  Ronald K. Lorentzen,                                                                                            The product covered by the order is
                                                  Acting Assistant Secretary for Enforcement              International Trade Administration                    certain polyester staple fiber. The
                                                  and Compliance.                                                                                               product is currently classified under the
                                                                                                          [A–570–905]                                           Harmonized Tariff Schedule of the
                                                  Appendix I
                                                                                                                                                                United States (HTSUS) numbers
                                                  Scope of the Investigation                              Certain Polyester Staple Fiber From                   5503.20.0045 and 5503.20.0065.
                                                                                                          the People’s Republic of China:                       Although the HTSUS numbers are
                                                     The merchandise covered by this                      Preliminary Results and Partial
                                                  investigation is master alloys 11 of copper                                                                   provided for convenience and customs
                                                                                                          Rescission of the Antidumping Duty                    purposes, the written description of the
                                                  containing between five percent and 17
                                                                                                          Administrative Review; 2015–2016                      scope of the order remains dispositive.3
                                                  percent phosphorus by nominal weight,
                                                  regardless of form (including but not limited           AGENCY:  Enforcement and Compliance,                  Partial Rescission of Administrative
                                                  to shot, pellet, waffle, ingot, or nugget), and         International Trade Administration,                   Review
                                                  regardless of size or weight. Subject                   Department of Commerce.
                                                  merchandise consists predominantly of                                                                           Pursuant to 19 CFR 351.213(d)(1), the
                                                  copper (by weight), and may contain other               SUMMARY:   The Department of Commerce                 Department will rescind an
                                                  elements, including but not limited to iron             (the Department) preliminary                          administrative review, in whole or in
                                                  (Fe), lead (Pb), or tin (Sn), in small amounts          determines that the sole remaining                    part, if the party or parties that
                                                  (up to one percent by nominal weight).                  mandatory respondent under review                     requested a review withdraws the
                                                  Phosphor copper is frequently produced to               does not qualify for a separate rate and              request within 90 days of the
                                                  JIS H2501 and ASTM B–644, Alloy 3A                      is, therefore, considered a part of the               publication date of the notice of
                                                  standards or higher; however, merchandise               People’s Republic of China (PRC)-Wide                 initiation of the requested review. As
                                                  covered by this investigation includes all              Entity for its exports of subject                     noted above, Petitioner withdrew its
                                                  phosphor copper, regardless of whether the              merchandise exported to the United                    request for an administrative review of
                                                  merchandise meets, fails to meet, or exceeds            States during the period of review                    Cixi Sansheng within 90 days of the
                                                  these standards.                                        (POR), June 1, 2015, through May 31,                  publication date of the notice of
                                                     Merchandise covered by this investigation            2016. If these preliminary results are                initiation. No other parties requested an
                                                  is currently classified in the Harmonized               adopted in the final results, the                     administrative review of the order.
                                                  Tariff Schedule of the United States (HTSUS)            Department will instruct U.S. Customs                 Therefore, in accordance with 19 CFR
                                                  under subheading 7405.00.1000. This HTSUS               and Border Protection (CBP) to assess                 351.213(d)(1), the Department is
                                                  subheading is provided for convenience and              antidumping duties on all appropriate                 rescinding this review of the AD order
                                                  customs purposes; the written description of            entries of subject merchandise during                 on PSF from the PRC with respect to
                                                  the scope of this investigation is dispositive.         the POR. Interested parties are invited to            Cixi Sansheng.
                                                                                                          comment on these preliminary results.                 Methodology
                                                  Appendix II
                                                                                                          DATES:   Effective March 3, 2017.                        The Department is conducting this
                                                  List of Topics Discussed in the Issues and                                                                    review in accordance with sections
                                                  Decision Memorandum                                     FOR FURTHER INFORMATION CONTACT:   Julia
                                                                                                          Hancock or Courtney Canales, AD/CVD                   751(a)(1)(B) and 751(a)(2)(A) of the
                                                  I. Summary                                              Operations, Office V, Enforcement and                 Tariff Act of 1930, as amended (the Act).
                                                  II. Background                                                                                                In making our findings, because
                                                                                                          Compliance, International Trade
                                                  III. Period of Investigation                                                                                  Hangzhou Huachuang did not respond
                                                                                                          Administration, U.S. Department of
                                                  IV. Postponement of Final Determination                                                                       to our AD questionnaire and is not
                                                                                                          Commerce, 1401 Constitution Avenue
                                                  V. Scope of the Investigation                                                                                 receiving a separate rate, we are
                                                                                                          NW., Washington, DC 20230; telephone:
                                                  VI. Final Negative Determination of Critical                                                                  preliminarily treating Hangzhou
                                                                                                          (202) 482–1394 or (202) 482–4997,
                                                        Circumstances                                                                                           Huachuang as part of the PRC-wide
                                                                                                          respectively.
                                                  VII. List of Comments                                                                                         entity. For a full description of the
                                                  VIII. Discussion of Comments                            SUPPLEMENTARY INFORMATION:                            methodology underlying our
                                                     1. Whether the Department Should Adjust                                                                    preliminary conclusions, see the
                                                        Bongsan’s General and Administrative              Background                                            Preliminary Decision Memorandum.
                                                        Expense Ratio to Exclude Items Related              On August 11, 2016, the Department                     For a complete description of the
                                                        to Prior Periods                                  published in the Federal Register the                 events that followed the initiation of
                                                     2. Whether the Department Should                     notice of initiation of an administrative             this investigation, see the Preliminary
                                                        Recalculate Bongsan’s Financial Expense           review of the antidumping duty (AD)                   Decision Memorandum. A list of topics
                                                        Ratio to Account for Gains and Losses on          order on certain polyester staple fiber               included in the Preliminary Decision
                                                        Certain Derivative Transactions                   (PSF) from the PRC for the period of                  Memorandum is included as Appendix
                                                     3. Date of Sale for Certain U.S. Customer
                                                                                                          review June 1, 2015, through May 31,                  I to this notice.
                                                     4. Duty Drawback                                                                                              The Preliminary Decision
                                                                                                          2016.1 On September 20, 2016, DAK
                                                     5. Ministerial Error Regarding U.S. Billing                                                                Memorandum is a public document and
                                                                                                          Americas, LLC (Petitioner) withdrew its
                                                        Adjustments                                                                                             is on file electronically via Enforcement
                                                                                                          request for an administrative review of
                                                     6. Revision to Indirect Selling Expense
                                                                                                          Cixi Sansheng.2 The other mandatory
                                                        Ratios                                                                                                    3 For a full description of the scope of the Order,
                                                                                                          respondent, Hangzhou Huachuang, did                   see Memorandum from Gary Taverman, Associate
mstockstill on DSK3G9T082PROD with NOTICES




                                                  IX. Recommendation
                                                                                                          not respond to the Department’s AD                    Deputy Assistant Secretary, AD/CVD Operations, to
                                                  [FR Doc. 2017–04130 Filed 3–2–17; 8:45 am]              questionnaire.                                        Ronald K. Lorentzen, Acting Assistant Secretary for
                                                  BILLING CODE 3510–DS–P                                                                                        Enforcement and Compliance, entitled, ‘‘Certain
                                                                                                                                                                Polyester Staple Fiber from the People’s Republic
                                                                                                            1 See Initiation of Antidumping and
                                                                                                                                                                of China: Decision Memorandum for the
                                                                                                          Countervailing Duty Administrative Reviews, 81 FR     Preliminary Results of the 2015–2016 Antidumping
                                                    11 A ‘‘master alloy’’ is a base metal, such as        53121 (August 11, 2016) (Initiation Notice).          Duty Administrative Review,’’ (Preliminary
                                                  copper, to which a relatively high percentage of one      2 See Petitioner’s September 20, 2016,              Decision Memorandum) dated concurrently with,
                                                  or two other elements is added.                         submission.                                           and hereby adopted by, this notice.



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Document Created: 2018-02-01 14:46:10
Document Modified: 2018-02-01 14:46:10
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 March 3, 2017.
ContactCindy Robinson or Samuel Brummitt, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3797 or (202) 482-7851, respectively.
FR Citation82 FR 12433 

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