82_FR_17255 82 FR 17188 - Seamless Refined Copper Pipe and Tube From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of the Antidumping Duty Administrative Review; 2012-2013

82 FR 17188 - Seamless Refined Copper Pipe and Tube From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results of the Antidumping Duty Administrative Review; 2012-2013

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 67 (April 10, 2017)

Page Range17188-17188
FR Document2017-07105

On March 22, 2017, the United States Court of International Trade (``CIT'') issued its final judgment in litigation pursuant to the third antidumping duty administrative review of seamless refined copper pipe and tube from the People's Republic of China, sustaining the final results of remand redetermination pursuant to court order by the Department of Commerce (``the Department''). The Department is notifying the public that the final judgment in this case is not in harmony with the Department's final results of the antidumping administrative review, and the Department is amending those final results with respect to the weighted-average dumping margin assigned to Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD Trading Co., Ltd., and Golden Dragon Holding (Hong Kong) International, Ltd. (collectively, ``Golden Dragon'').

Federal Register, Volume 82 Issue 67 (Monday, April 10, 2017) 
[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Notices]
[Page 17188]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07105]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-964]


Seamless Refined Copper Pipe and Tube From the People's Republic 
of China: Notice of Court Decision Not in Harmony With the Final 
Results of the Antidumping Duty Administrative Review; 2012-2013

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

SUMMARY: On March 22, 2017, the United States Court of International 
Trade (``CIT'') issued its final judgment in litigation pursuant to the 
third antidumping duty administrative review of seamless refined copper 
pipe and tube from the People's Republic of China, sustaining the final 
results of remand redetermination pursuant to court order by the 
Department of Commerce (``the Department''). The Department is 
notifying the public that the final judgment in this case is not in 
harmony with the Department's final results of the antidumping 
administrative review, and the Department is amending those final 
results with respect to the weighted-average dumping margin assigned to 
Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD Trading 
Co., Ltd., and Golden Dragon Holding (Hong Kong) International, Ltd. 
(collectively, ``Golden Dragon'').

DATES: Effective Date: April 3, 2017.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations, 
Office IV, Enforcement and Compliance--International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone (202) 482-2769.

SUPPLEMENTARY INFORMATION: 

Background

    On June 15, 2015, the Department published the Final Results.\1\ On 
June 24, 2015, Golden Dragon, the respondent in the underlying 
proceeding, timely filed a complaint with the CIT to challenge certain 
aspects of the Final Results. On July 21, 2016, the CIT remanded the 
Final Results to the Department to further explain or reconsider the 
application of the value-added tax (``VAT'') adjustment to the export 
price of Golden Dragon.\2\ On February 7, 2017, the Department issued 
its Remand Results, in which the Department determined that all of the 
copper cathode inputs used by Golden Dragon in the production of 
subject merchandise were VAT-exempt.\3\
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    \1\ See Seamless Refined Copper Pipe and Tube from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2012-2013, 80 FR 32087 (June 5, 2015) (``Final Results'').
    \2\ See Golden Dragon Precise Copper Tube Group, Inc., Hong Kong 
GD Trading Co., Ltd., Golden Dragon Holding (Hong Kong) 
International, Ltd., and GD Copper (U.S.A.) Inc., v. United States, 
Slip Op. 16-73, Court No. 15-00177 (CIT 2016) .
    \3\ See Final Results of Redetermination Pursuant to Court 
Order, Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD 
Trading Co., Ltd., Golden Dragon Holding (Hong Kong) International, 
Ltd., and GD Copper (U.S.A.) Inc., v. United States, Consol. Court 
No. 15-00177 (February 7, 2017) (``Remand Results'').
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    On March 22, 2017, the CIT sustained the Department's Remand 
Results, and entered final judgment.\4\
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    \4\ See Golden Dragon Precise Copper Tube Group, Inc., Hong Kong 
GD Trading Co., Ltd., Golden Dragon Holding (Hong Kong) 
International, Ltd., and GD Copper (U.S.A.) Inc., v. United States, 
Slip Op. 17-29, Court No. 15-00177 (CIT 2017) .
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Timken Notice

    In its decision in Timken Co. v. United States, 893 F.2d 337 (Fed. 
Cir. 1990) (``Timken''), as clarified by Diamond Sawblades Mfrs. 
Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond 
Sawblades''), the Court of Appeals for the Federal Circuit held that, 
pursuant to section 516A(e) of the Tariff Act of 1930, as amended 
(``the Act''), the Department must publish a notice of a court decision 
that is not ``in harmony'' with a Department determination, and must 
suspend liquidation of entries pending a ``conclusive'' court decision. 
The CIT's March 22, 2017, judgment sustaining the Department's Remand 
Results constitutes a final decision of that court that is not in 
harmony with the Department's Final Results. This notice is published 
in fulfillment of the publication requirements of Timken. Accordingly, 
the Department will continue the suspension of liquidation of the 
subject merchandise pending the expiration of the period of appeal, or 
if appealed, pending a final and conclusive court decision.

Amended Final Results

    Because there is now a final court decision, the Department is 
amending its Final Results with respect to Golden Dragon's weighted-
average dumping margin. The revised weighted-average dumping margin for 
Golden Dragon during the period November 1, 2012, through October 31, 
2013, is as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                              margin (%)
------------------------------------------------------------------------
Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD         6.09
 Trading Co., Ltd., and Golden Dragon Holding (Hong Kong)
 International, Ltd.........................................
------------------------------------------------------------------------

    In the event the CIT's ruling is not appealed or, if appealed, is 
upheld by a final and conclusive court decision, the Department will 
instruct the U.S. Customs and Border Protection to assess antidumping 
duties on unliquidated entries of subject merchandise based on the 
revised rate calculated by the Department in the Remand Results, and 
listed above.

Cash Deposit Requirements

    Because there have been subsequent administrative reviews for 
Golden Dragon, the cash deposit rate will remain the rate published in 
the 2013-2014 Final Results, which is 0.00 percent.\5\
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    \5\ See Seamless Refined Copper Pipe and Tube from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2013-2014, 81 FR 39893, 39894 (June 20, 2016).
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    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1) and 777(i)(1) of the Act.

    Dated: April 4, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-07105 Filed 4-7-17; 8:45 am]
 BILLING CODE 3510-DS-P

17188 Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Notices Sixth, this Order is effective 24, 2015, Golden Dragon, the Dragon’s weighted-average dumping immediately and shall remain in effect respondent in the underlying margin. The revised weighted-average until August 12, 2025. proceeding, timely filed a complaint dumping margin for Golden Dragon Issued: March 31, 2017. with the CIT to challenge certain aspects during the period November 1, 2012, Hillary Hess, of the Final Results. On July 21, 2016, through October 31, 2013, is as follows: the CIT remanded the Final Results to Acting Director, Office of Exporter Services. the Department to further explain or Weighted- [FR Doc. 2017–06813 Filed 4–7–17; 8:45 am] reconsider the application of the value- average Exporter dumping BILLING CODE P added tax (‘‘VAT’’) adjustment to the margin export price of Golden Dragon.2 On (%) February 7, 2017, the Department issued DEPARTMENT OF COMMERCE its Remand Results, in which the Golden Dragon Precise Copper Department determined that all of the Tube Group, Inc., Hong Kong International Trade Administration GD Trading Co., Ltd., and copper cathode inputs used by Golden [A–570–964] Dragon in the production of subject Golden Dragon Holding (Hong Kong) International, Ltd .......... 6.09 merchandise were VAT-exempt.3 Seamless Refined Copper Pipe and On March 22, 2017, the CIT sustained Tube From the People’s Republic of the Department’s Remand Results, and In the event the CIT’s ruling is not China: Notice of Court Decision Not in entered final judgment.4 appealed or, if appealed, is upheld by a Harmony With the Final Results of the final and conclusive court decision, the Antidumping Duty Administrative Timken Notice Department will instruct the U.S. Review; 2012–2013 In its decision in Timken Co. v. Customs and Border Protection to assess United States, 893 F.2d 337 (Fed. Cir. antidumping duties on unliquidated AGENCY: Enforcement and Compliance, 1990) (‘‘Timken’’), as clarified by entries of subject merchandise based on International Trade Administration, Diamond Sawblades Mfrs. Coalition v. the revised rate calculated by the Department of Commerce. United States, 626 F.3d 1374 (Fed. Cir. Department in the Remand Results, and SUMMARY: On March 22, 2017, the 2010) (‘‘Diamond Sawblades’’), the listed above. United States Court of International Court of Appeals for the Federal Circuit Trade (‘‘CIT’’) issued its final judgment Cash Deposit Requirements held that, pursuant to section 516A(e) of in litigation pursuant to the third the Tariff Act of 1930, as amended (‘‘the Because there have been subsequent antidumping duty administrative review Act’’), the Department must publish a administrative reviews for Golden of seamless refined copper pipe and notice of a court decision that is not ‘‘in Dragon, the cash deposit rate will tube from the People’s Republic of harmony’’ with a Department remain the rate published in the 2013– China, sustaining the final results of determination, and must suspend 2014 Final Results, which is 0.00 remand redetermination pursuant to liquidation of entries pending a percent.5 court order by the Department of ‘‘conclusive’’ court decision. The CIT’s This notice is issued and published in Commerce (‘‘the Department’’). The March 22, 2017, judgment sustaining accordance with sections 516A(e)(1), Department is notifying the public that the Department’s Remand Results 751(a)(1) and 777(i)(1) of the Act. the final judgment in this case is not in constitutes a final decision of that court Dated: April 4, 2017. harmony with the Department’s final that is not in harmony with the results of the antidumping Ronald K. Lorentzen, Department’s Final Results. This notice administrative review, and the is published in fulfillment of the Acting Assistant Secretary for Enforcement Department is amending those final and Compliance. publication requirements of Timken. results with respect to the weighted- Accordingly, the Department will [FR Doc. 2017–07105 Filed 4–7–17; 8:45 am] average dumping margin assigned to continue the suspension of liquidation BILLING CODE 3510–DS–P Golden Dragon Precise Copper Tube of the subject merchandise pending the Group, Inc., Hong Kong GD Trading Co., expiration of the period of appeal, or if Ltd., and Golden Dragon Holding (Hong appealed, pending a final and DEPARTMENT OF COMMERCE Kong) International, Ltd. (collectively, conclusive court decision. International Trade Administration ‘‘Golden Dragon’’). Amended Final Results DATES: Effective Date: April 3, 2017. Initiation of Antidumping and Because there is now a final court Countervailing Duty Administrative FOR FURTHER INFORMATION CONTACT: decision, the Department is amending Reviews Maisha Cryor, AD/CVD Operations, its Final Results with respect to Golden Office IV, Enforcement and Compliance—International Trade AGENCY: Enforcement and Compliance, 2 See Golden Dragon Precise Copper Tube Group, Administration, U.S. Department of International Trade Administration, Inc., Hong Kong GD Trading Co., Ltd., Golden Commerce, 1401 Constitution Avenue Dragon Holding (Hong Kong) International, Ltd., Department of Commerce. NW., Washington, DC 20230; telephone and GD Copper (U.S.A.) Inc., v. United States, Slip SUMMARY: The Department of Commerce Op. 16–73, Court No. 15–00177 (CIT 2016) . (‘‘the Department’’) has received (202) 482–2769. 3 See Final Results of Redetermination Pursuant SUPPLEMENTARY INFORMATION: to Court Order, Golden Dragon Precise Copper Tube requests to conduct administrative asabaliauskas on DSK3SPTVN1PROD with NOTICES Group, Inc., Hong Kong GD Trading Co., Ltd., reviews of various antidumping and Background Golden Dragon Holding (Hong Kong) International, countervailing duty orders and findings Ltd., and GD Copper (U.S.A.) Inc., v. United States, with February anniversary dates. In On June 15, 2015, the Department Consol. Court No. 15–00177 (February 7, 2017) published the Final Results.1 On June (‘‘Remand Results’’). accordance with the Department’s 4 See Golden Dragon Precise Copper Tube Group, 1 See Seamless Refined Copper Pipe and Tube Inc., Hong Kong GD Trading Co., Ltd., Golden 5 See Seamless Refined Copper Pipe and Tube from the People’s Republic of China: Final Results Dragon Holding (Hong Kong) International, Ltd., from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2012– and GD Copper (U.S.A.) Inc., v. United States, Slip of Antidumping Duty Administrative Review; 2013– 2013, 80 FR 32087 (June 5, 2015) (‘‘Final Results’’). Op. 17–29, Court No. 15–00177 (CIT 2017) . 2014, 81 FR 39893, 39894 (June 20, 2016). VerDate Sep<11>2014 20:02 Apr 07, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\10APN1.SGM 10APN1


Document Created: 2017-04-08 03:31:01
Document Modified: 2017-04-08 03:31:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective Date: April 3, 2017.
ContactMaisha Cryor, AD/CVD Operations, Office IV, Enforcement and Compliance--International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-2769.
FR Citation82 FR 17188 
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