82 FR 18893 - Phosphor Copper From the Republic of Korea: Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 77 (April 24, 2017)
International Trade Administration
Federal Register Volume 82, Issue 77 (April 24, 2017)
| Page Range | 18893-18894 | |
| FR Document | 2017-08358 |
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)] [Notices] [Pages 18893-18894] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08358] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-885] Phosphor Copper From the Republic of Korea: Antidumping Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on an affirmative final determination by the Department of Commerce (``Department'') and the International Trade Commission (``ITC''), the Department is issuing the antidumping duty order on phosphor copper from the Republic of Korea (``Korea''). DATES: Effective April 24, 2017. FOR FURTHER INFORMATION CONTACT: Cindy Robinson, 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. SUPPLEMENTARY INFORMATION: In accordance with section 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the ``Act''), and 19 CFR 351.210(c), on March 3, 2017, the Department published its affirmative final determination in the less than fair value (``LTFV'') investigation of phosphor copper from Korea.\1\ On April 17, 2017, the ITC notified the Department of its final determination pursuant to section 735(d) of the Act, that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of LTFV imports of phosphor copper from Korea.\2\ --------------------------------------------------------------------------- \1\ See 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 (March 3, 2017) (``Final Determination''). \2\ See Letter to Ronald Lorentzen, Acting Assistant Secretary of Commerce for Enforcement and Compliance, from Rhonda K Schmidtlein, Chairman of the U.S. International Trade Commission, regarding phosphor copper from the Republic of Korea (April 17, 2017) (``ITC Letter''). --------------------------------------------------------------------------- Scope of the Order The merchandise covered by the order is master alloys \3\ 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 the order includes all phosphor copper, regardless of whether the merchandise meets, fails to meet, or exceeds these standards. --------------------------------------------------------------------------- \3\ 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 the order is currently classified in the Harmonized [[Page 18894]] 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 the order is dispositive. Antidumping Duty Order On April 17, 2017, in accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, the ITC notified the Department of its final determination in this investigation, in which it found that imports of phosphor copper from Korea are materially injuring a U.S. industry.\4\ Therefore, in accordance with section 735(c)(2) of the Act, we are publishing this antidumping duty order. --------------------------------------------------------------------------- \4\ See ITC Letter. --------------------------------------------------------------------------- Because the ITC determined that imports of phosphor copper from Korea are materially injuring a U.S. industry, unliquidated entries of such merchandise from Korea, entered or withdrawn for consumption, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (``CBP'') to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of phosphor copper from Korea. Antidumping duties will be assessed on unliquidated entries of phosphor copper entered, or withdrawn from warehouse, for consumption on or after October 14, 2016, the date on which the Department published the Preliminary Determination,\5\ but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC's final injury determination, as further described below. --------------------------------------------------------------------------- \5\ 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''). --------------------------------------------------------------------------- Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend liquidation on entries of subject merchandise from Korea. These instructions suspending liquidation will remain in effect until further notice. We will also instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins indicated in the chart below. Accordingly, effective on the date of publication of the ITC's final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit at the rates listed below.\6\ The ``all others'' rate applies to all producers or exporters not specifically listed. --------------------------------------------------------------------------- \6\ See section 736(a)(3) of the Act. --------------------------------------------------------------------------- Provisional Measures Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. At the request of Bongsan Co., Ltd., the sole mandatory respondent in this investigation, the Department extended the four- month period to six months.\7\ In the underlying investigation, the Department published the Preliminary Determination on October 14, 2016.\8\ Therefore, the six-month period beginning on the date of the publication of the Preliminary Determination ended on April 11, 2017. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC's final injury determination. --------------------------------------------------------------------------- \7\ 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) (``Postponement of Final Determination''). \8\ See Preliminary Determination. --------------------------------------------------------------------------- Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of phosphor copper entered, or withdrawn from warehouse, for consumption after April 11, 2017, the date the provisional measures expired, and through the day preceding the date of publication of the ITC's final injury determination in the Federal Register. Estimated Weighted-Average Dumping Margins The Department determines that the estimated final weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted- Average Exporter/producer dumping margin (percent) ------------------------------------------------------------------------ Bongsan Co., Ltd........................................ 8.43 All Others.............................................. 8.43 ------------------------------------------------------------------------ Notification to Interested Parties This notice constitutes the antidumping duty order with respect to phosphor copper from Korea, pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http://www.trade.gov/enforcement/. This order is issued and published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). Dated: April 20, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-08358 Filed 4-21-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices 18893
SW., Washington, DC. Normal reading The purpose of this notice is to solicit Commerce (‘‘Department’’) and the
room hours are 8 a.m. to 4:30 p.m., comments from the public (as well as International Trade Commission
Monday through Friday, except affected agencies) concerning our (‘‘ITC’’), the Department is issuing the
holidays. To be sure someone is there to information collection. These comments antidumping duty order on phosphor
help you, please call (202) 799–7039 will help us: copper from the Republic of Korea
before coming. (1) Evaluate whether the collection of (‘‘Korea’’).
FOR FURTHER INFORMATION CONTACT: For information is necessary for the proper
DATES: Effective April 24, 2017.
information on the regulations for the performance of the functions of the
Agency, including whether the FOR FURTHER INFORMATION CONTACT:
interstate movement of regulated
articles to prevent the spread of information will have practical utility; Cindy Robinson, AD/CVD Operations,
Phytophthora ramorum, contact Dr. (2) Evaluate the accuracy of our Office III, Enforcement and Compliance,
Robert Baca, Assistant Director, estimate of the burden of the collection International Trade Administration,
Permitting and Compliance of information, including the validity of U.S. Department of Commerce, 1401
Coordination, Compliance and the methodology and assumptions used; Constitution Avenue NW., Washington,
Environmental Coordination Branch, (3) Enhance the quality, utility, and DC 20230; telephone: (202) 482–3797.
PPQ, APHIS, 4700 River Road Unit 150, clarity of the information to be SUPPLEMENTARY INFORMATION: In
Riverdale, MD 20737; (301) 851–2292. collected; and accordance with section 735(d) and
For copies of more detailed information (4) Minimize the burden of the 777(i)(1) of the Tariff Act of 1930, as
on the information collection, contact collection of information on those who amended (the ‘‘Act’’), and 19 CFR
Ms. Kimberly Hardy, APHIS’ are to respond, through use, as 351.210(c), on March 3, 2017, the
Information Collection Coordinator, at appropriate, of automated, electronic, Department published its affirmative
(301) 851–2483. mechanical, and other collection final determination in the less than fair
SUPPLEMENTARY INFORMATION:
technologies; e.g., permitting electronic value (‘‘LTFV’’) investigation of
Title: Phytophthora Ramorum; submission of responses. phosphor copper from Korea.1 On April
Quarantine and Regulations. Estimate of burden: The public 17, 2017, the ITC notified the
OMB Control Number: 0579–0310. reporting burden for this collection of Department of its final determination
Type of Request: Revision to and information is estimated to average 0.29 pursuant to section 735(d) of the Act,
extension of approval of an information hours per response. that an industry in the United States is
collection. Respondents: Nurseries, private materially injured within the meaning
Abstract: The Plant Protection Act (7 industry, and State plant regulatory of section 735(b)(1)(A)(i) of the Act by
U.S.C. 7701 et seq.) authorizes the officials. reason of LTFV imports of phosphor
Secretary of Agriculture to restrict the Estimated annual number of copper from Korea.2
importation, entry, or interstate respondents: 29.
movement of plants, plant products, and Estimated annual number of Scope of the Order
other articles to prevent the responses per respondent: 23. The merchandise covered by the order
introduction of plant pests into the Estimated annual number of
is master alloys 3 of copper containing
United States or their dissemination responses: 678.
between five percent and 17 percent
within the United States. Estimated total annual burden on
phosphorus by nominal weight,
In accordance with the regulations in respondents: 199 hours. (Due to
regardless of form (including but not
‘‘Subpart–Phytophthora Ramorum’’ averaging, the total annual burden hours
limited to shot, pellet, waffle, ingot, or
(§§ 301.92 through 301.92–12), the may not equal the product of the annual
nugget), and regardless of size or weight.
Animal and Plant Health Inspection number of responses multiplied by the
Subject merchandise consists
Service of the U.S. Department of reporting burden per response.)
All responses to this notice will be predominantly of copper (by weight),
Agriculture restricts the interstate and may contain other elements,
movement of certain articles to prevent summarized and included in the request
for OMB approval. All comments will including but not limited to iron (Fe),
the spread of Phytophthora ramorum, lead (Pb), or tin (Sn), in small amounts
the plant pathogen that causes the also become a matter of public record.
(up to one percent by nominal weight).
disease commonly known as sudden Done in Washington, DC, this 19th day of Phosphor copper is frequently produced
oak death. The regulations contain April 2017.
to JIS H2501 and ASTM B–644, Alloy
requirements for the interstate Michael C. Gregoire, 3A standards or higher; however,
movement of regulated articles, such as Acting Administrator, Animal and Plant merchandise covered by the order
nursery stock and certain trees, from Health Inspection Service. includes all phosphor copper, regardless
both quarantined and nonquarantined [FR Doc. 2017–08206 Filed 4–21–17; 8:45 am] of whether the merchandise meets, fails
areas and involve information collection BILLING CODE 3410–34–P to meet, or exceeds these standards.
activities, including compliance Merchandise covered by the order is
agreements, annual inspections of currently classified in the Harmonized
nurseries and certification of nurseries, DEPARTMENT OF COMMERCE
issuance and cancellation of certificates, 1 See Phosphor Copper from the Republic of
sampling labels for testing, records of International Trade Administration Korea: Final Affirmative Determination of Sales at
fungicide applications, recordkeeping of Less Than Fair Value and Negative Final
[A–580–885] Determination of Critical Circumstances, 82 FR
incoming and outgoing shipments of
12433 (March 3, 2017) (‘‘Final Determination’’).
jstallworth on DSK7TPTVN1PROD with NOTICES
plants, notification of high risk P. Phosphor Copper From the Republic 2 See Letter to Ronald Lorentzen, Acting Assistant
ramorum genera, and emergency action of Korea: Antidumping Duty Order Secretary of Commerce for Enforcement and
notifications. Compliance, from Rhonda K Schmidtlein,
We are asking the Office of AGENCY: Enforcement and Compliance, Chairman of the U.S. International Trade
Management and Budget (OMB) to International Trade Administration, Commission, regarding phosphor copper from the
Republic of Korea (April 17, 2017) (‘‘ITC Letter’’).
approve our use of these information Department of Commerce. 3 A ‘‘master alloy’’ is a base metal, such as copper,
collection activities, as described, for an SUMMARY: Based on an affirmative final to which a relatively high percentage of one or two
additional 3 years. determination by the Department of other elements is added.
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![18894 Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices
Tariff Schedule of the United States weighted-average dumping margins Weighted-
(‘‘HTSUS’’) under subheading indicated in the chart below. Average
7405.00.1000. This HTSUS subheading Accordingly, effective on the date of Exporter/producer dumping
margin
is provided for convenience and publication of the ITC’s final affirmative (percent)
customs purposes; the written injury determination, CBP will require,
description of the scope of the order is at the same time as importers would Bongsan Co., Ltd. ................. 8.43
dispositive. normally deposit estimated duties on All Others .............................. 8.43
Antidumping Duty Order this subject merchandise, a cash deposit
at the rates listed below.6 The ‘‘all Notification to Interested Parties
On April 17, 2017, in accordance with
sections 735(b)(1)(A)(i) and 735(d) of the others’’ rate applies to all producers or This notice constitutes the
Act, the ITC notified the Department of exporters not specifically listed. antidumping duty order with respect to
its final determination in this phosphor copper from Korea, pursuant
Provisional Measures
investigation, in which it found that to section 736(a) of the Act. Interested
imports of phosphor copper from Korea Section 733(d) of the Act states that parties can find a list of antidumping
are materially injuring a U.S. industry.4 instructions issued pursuant to an duty orders currently in effect at http://
Therefore, in accordance with section affirmative preliminary determination www.trade.gov/enforcement/.
735(c)(2) of the Act, we are publishing may not remain in effect for more than This order is issued and published in
this antidumping duty order. four months, except where exporters accordance with section 736(a) of the
Because the ITC determined that representing a significant proportion of Act and 19 CFR 351.211(b).
imports of phosphor copper from Korea exports of the subject merchandise Dated: April 20, 2017.
are materially injuring a U.S. industry, request the Department to extend that Ronald K. Lorentzen,
unliquidated entries of such four-month period to no more than six Acting Assistant Secretary for Enforcement
merchandise from Korea, entered or months. At the request of Bongsan Co., and Compliance.
withdrawn for consumption, are subject Ltd., the sole mandatory respondent in [FR Doc. 2017–08358 Filed 4–21–17; 8:45 am]
to the assessment of antidumping this investigation, the Department BILLING CODE 3510–DS–P
duties.
Therefore, in accordance with section extended the four-month period to six
736(a)(1) of the Act, the Department will months.7 In the underlying
investigation, the Department published DEPARTMENT OF COMMERCE
direct U.S. Customs and Border
Protection (‘‘CBP’’) to assess, upon the Preliminary Determination on
International Trade Administration
further instruction by the Department, October 14, 2016.8 Therefore, the six-
antidumping duties equal to the amount month period beginning on the date of
the publication of the Preliminary [A–570–900]
by which the normal value of the
merchandise exceeds the export price Determination ended on April 11, 2017. Diamond Sawblades and Parts Thereof
(or constructed export price) of the Furthermore, section 737(b) of the Act From the People’s Republic of China:
merchandise, for all relevant entries of states that definitive duties are to begin Rescission of Antidumping Duty
phosphor copper from Korea. on the date of publication of the ITC’s Administrative Review in Part; 2015–
Antidumping duties will be assessed on final injury determination. 2016
unliquidated entries of phosphor copper Therefore, in accordance with section
entered, or withdrawn from warehouse, AGENCY: Enforcement and Compliance,
733(d) of the Act and our practice, we
for consumption on or after October 14, International Trade Administration,
will instruct CBP to terminate the Department of Commerce.
2016, the date on which the Department suspension of liquidation and to
published the Preliminary SUMMARY: The Department of Commerce
liquidate, without regard to (the Department) is rescinding its
Determination,5 but will not include
antidumping duties, unliquidated administrative review in part on
entries occurring after the expiration of
the provisional measures period and entries of phosphor copper entered, or diamond sawblades and parts thereof
before publication of the ITC’s final withdrawn from warehouse, for (diamond sawblades) from the People’s
injury determination, as further consumption after April 11, 2017, the Republic of China (the PRC) for the
described below. date the provisional measures expired, period of review (POR) November 1,
and through the day preceding the date 2015, through October 31, 2016.
Continuation of Suspension of of publication of the ITC’s final injury
Liquidation DATES: Effective April 24, 2017.
determination in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
In accordance with section
735(c)(1)(B) of the Act, we will instruct Estimated Weighted-Average Dumping Yang Jin Chun AD/CVD Operations,
CBP to continue to suspend liquidation Margins Office I, Enforcement and Compliance,
on entries of subject merchandise from International Trade Administration,
The Department determines that the U.S. Department of Commerce, 1401
Korea. These instructions suspending estimated final weighted-average
liquidation will remain in effect until Constitution Avenue NW., Washington,
dumping margins are as follows: DC 20230; telephone: (202) 482–5760.
further notice.
We will also instruct CBP to require SUPPLEMENTARY INFORMATION:
jstallworth on DSK7TPTVN1PROD with NOTICES
cash deposits equal to the estimated Background
6 See section 736(a)(3) of the Act.
4 See ITC Letter. 7 See Phosphor Copper from the Republic of
On November 4, 2016, we published
5 See Phosphor Copper from the Republic of
Korea: Postponement of Final Determination of
a notice of opportunity to request an
Korea: Affirmative Preliminary Determination of administrative review of the
Sales at Less-Than-Fair Value, Negative Preliminary Sales at Less-Than-Fair Value, 81 FR 74763
Determination of Critical Circumstances, 81 FR (October 27, 2016) (‘‘Postponement of Final antidumping duty order on diamond
71049 (October 14, 2016) (‘‘Preliminary Determination’’). sawblades from the PRC for the POR
Determination’’). 8 See Preliminary Determination. November 1, 2015, through October 31,
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Document Created: 2017-04-22 00:11:10
Document Modified: 2017-04-22 00:11:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective April 24, 2017. | |
| Contact | Cindy Robinson, 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. | |
| FR Citation | 82 FR 18893 |
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