82 FR 37058 - Seamless Refined Copper Pipe and Tube From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 151 (August 8, 2017)

The Department of Commerce (the Department) preliminarily determines that the five remaining companies under review do not qualify for a separate rate and are, therefore, considered a part of the People's Republic of China (PRC)-Wide Entity for their exports of subject merchandise exported to the United States during the period of review (POR), November 1, 2015, through October 31, 2016. If these preliminary results are adopted in the final results, the Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results.

[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Notices]
[Pages 37058-37060]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16690]


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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: Preliminary Results and Partial Rescission of the Antidumping 
Duty Administrative Review; 2015-2016

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that the five remaining companies under review do not 
qualify for a separate rate and are, therefore, considered a part of 
the People's Republic of China (PRC)-Wide Entity for their exports of 
subject merchandise exported to the United States during the period of 
review (POR), November 1, 2015, through October 31, 2016. If these 
preliminary results are adopted in the final results, the Department 
will instruct U.S. Customs and Border Protection (CBP) to assess 
antidumping duties on all appropriate entries of subject merchandise 
during the POR. Interested parties are invited to comment on these 
preliminary results.


DATES: Applicable August 8, 2017.

FOR FURTHER INFORMATION CONTACT: Julia Hancock or Courtney Canales, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-1394 or (202) 
482-4997, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On January 13, 2017, the Department published in the Federal 
Register the notice of initiation of an administrative review of the 
antidumping duty (AD) order on seamless refined copper pipe and tube 
(copper pipe) from the PRC for the period of review November 1, 2015, 
through October 31, 2016.\1\ On January 18, 2017, Hong Kong Hailiang 
Metal Trading Limited (Hong Kong Hailiang), Shanghai Hailiang Copper 
Co., Ltd. (Shanghai Hailiang), and Zhejiang Hailiang Co., Ltd. 
(Zhejiang Hailiang) (collectively, Hailiang) notified the Department 
that the spelling of each company's name in the Initiation Notice was 
incorrect.\2\ Accordingly, on February 13, 2017, the Department 
published in the Federal Register a revision of the notice of 
initiation of the 6th administrative review of the AD order due to a 
spelling error in certain companies' names.3 4 On February 
24, 2017, Hailiang submitted a letter indicating it would not 
participate in the review.\5\ On March 14, 2017, the petitioners \6\ 
timely withdrew their request for review with respect to 11 
companies,\7\ but did not withdraw their request for review for the 
following five companies: China Hailiang Metal Trading (China 
Hailiang), Shanghai Hailiang Metal Trading Limited (Shanghai Hailiang 
Trading), Hong Kong Hailiang, Shanghai Hailiang, and Zhejiang 
Hailiang.\8\ Accordingly, these five companies remain under review.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 4297 (January 13, 2017) (Initiation 
Notice).
    \2\ See Letter from Hailiang, ``Correct Name of Hailiang: 
Administrative Review of the Antidumping Order on Seamless Refined 
Copper Pipe and Tube from the People's Republic of China,'' dated 
January 18, 2017 (Hailiang's Correct Name Submission).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Reviews, 82 FR 10457 (February 13, 2017) (Revised Initiation 
Notice).
    \4\ In the Revised Initiation Notice, the Department initiated 
on Hong Kong Hailiang Metal as the correct name identified in 
Hailiang's Correct Name Submission. However, in reviewing Hailiang's 
Correct Name Submission, the Department found that Hong Kong 
Hailiang Metal Trading Limited (Hong Kong Hailiang) was identified 
as the correct spelling for Hong Kong Hailiang. See Hailiang's 
Correct Name Submission at 1.
    \5\ See Letter from Hailiang, ``Hailiang Notice of Non-
Participation in Review: Administrative Review of the Antidumping 
Duty Order on Seamless Refined Copper Pipe and Tube from the 
People's Republic of China,'' dated February 24, 2017 (Hailiang 
Notice of Non-Participation Submission).
    \6\ The petitioners are the Ad Hoc Coalition for Domestically 
Produced Seamless Refined Copper Pipe and Tube; and its individual 
members, Cerro Flow Products, LLC; Wieland Copper Products, LLC; 
Mueller Copper Tube Products, Inc.; and Mueller Copper Tube Company, 
Inc. (the petitioners).
    \7\ These 11 companies are: Foshan Hua Hong Copper Tube Co., 
Ltd.; Golden Dragon Precise Copper Tube Group, Inc; Golden Dragon 
Holding (Hong Kong) International Co., Ltd.; Guilin Lijia Metals 
Co., Ltd.; Hong Kong GD Trading Co., Ltd.; Ningbo Jintian Copper 
Tube Co., Ltd.; Sinochem Ningbo Ltd.; Sinochem Ningbo Import & 
Export Co., Ltd.; Taicang City Jinxin Copper Tube Co., Ltd.; 
Zhejiang Jiahe Pipes Inc.; and Zhejiang Naile Copper Co., Ltd.
    \8\ See Letter from the petitioners, ``Seamless Refined Copper 
Pipe and Tube from China: Partial Withdrawal of Request for 
Administrative Review,'' dated March 14, 2017.
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Scope of the Order

    The merchandise subject to the order is seamless refined copper 
pipe and tube. The product is currently classified under Harmonized 
Tariff Schedule of the United States (HTSUS) item numbers 7411.10.1030 
and 7411.10.1090. Products subject to this order may also enter under 
HTSUS item numbers 7407.10.1500, 7419.99.5050, 8415.90.8065, and 
8415.90.8085. Although the HTSUS numbers are provided for convenience 
and customs purposes, the written description of the scope of this 
order remains dispositive.\9\
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    \9\ For a full description of the scope of the Order, see 
Memorandum from Gary Taverman, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Seamless Refined Copper Pipe and Tube from the 
People's Republic of China: Decision Memorandum for the Preliminary 
Results of the 2015-2016 Antidumping Duty Administrative Review,'' 
dated concurrently with, and hereby adopted by, this Federal 
Register notice (Preliminary Decision Memorandum).
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Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if the party or parties 
that requested a review withdraws the request within 90 days of the 
publication date of the notice of initiation of the requested review. 
As noted above, the petitioners withdrew their request for an 
administrative review with respect to 11 companies within 90 days of 
the publication date of the notice of initiation. No other parties 
requested an administrative review of the order with respect to these 
11 companies. Therefore, in accordance with 19 CFR 351.213(d)(1), the 
Department is rescinding this review of the AD order on copper pipe 
from the PRC with respect to these companies.

Methodology

    The Department is conducting this review in accordance with 
sections 751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act). For a full description of the methodology underlying 
our preliminary conclusions, see the

[[Page 37059]]

Preliminary Decision Memorandum. A list of topics included in the 
Preliminary Decision Memorandum is included as the Appendix to this 
notice.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov, 
and to all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the five companies 
under review, China Hailiang, Hong Kong Hailiang, Shanghai Hailiang, 
and Zhejiang Hailiang, failed to demonstrate eligibility for a separate 
rate. In making our findings, two of the five companies, China Hailiang 
and Shanghai Hailiang Trading, did not submit no shipment letters or 
separate rate applications/certifications by the specified deadlines, 
and, as noted above, Hong Kong Hailiang, Shanghai Hailiang, and 
Zhejiang Hailiang, notified the Department that they would not be 
participating in this review and also did not submit no shipment 
letters or separate rate applications/certifications by the specified 
deadlines.\10\ Accordingly, these five companies did not demonstrate 
that they are each entitled to a separate rate. Thus, we consider all 
five companies to be part of the PRC-Wide Entity.\11\ The rate 
previously established for the PRC-wide entity is 60.82 percent.\12\
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    \11\ See Preliminary Decision Memorandum, at 4-5. Pursuant to 
the Department's change in practice, the Department no longer 
considers the NME entity as an exporter conditionally subject to 
administrative reviews. See Antidumping Proceedings: Announcement of 
Change in Department Practice for Respondent Selection in 
Antidumping Duty Proceedings and Conditional Review of the Nonmarket 
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 
65970 (November 4, 2013). Under this practice, the NME entity will 
not be under review unless a party specifically requests, or the 
Department self-initiates, a review of the entity. Because no party 
requested a review of the entity, the entity is not under review and 
the entity's rate is not subject to change.
    \12\ The rate for the PRC-Wide Entity was first assigned in the 
original investigation, see Seamless Refined Copper Pipe and Tube 
from the People's Republic of China: Final Determination of Sales at 
Less Than Fair Value, 75 FR 60725 (October 1, 2010). This rate has 
been used in each subsequent administrative review in which there 
was a party being considered as part of the PRC-Wide Entity.
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Disclosure

    Normally, the Department discloses to interested parties the 
calculations performed in connection with the preliminary results 
within five days of its public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b). However, because the 
Department preliminarily determined that the five remaining companies 
under review are part of the PRC-wide entity, there are no calculations 
to disclose.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 50 
days after the date of publication of these preliminary results, unless 
the Secretary alters the time limit.\13\ Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than five days 
after the deadline date for case briefs.\14\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in this investigation are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
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    \13\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general 
filing requirements).
    \14\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\15\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review.
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    \15\ See 19 CFR 351.212(b)(1).
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    For any individually examined respondent whose weighted average 
dumping margin is above de minimis (i.e., 0.50 percent) in the final 
results of this review, the Department will calculate importer-specific 
assessment rates on the basis of the ratio of the total amount of 
dumping calculated for the importer's examined sales to the total 
entered value of sales, in accordance with 19 CFR 351.212(b)(1). Where 
an importer- (or customer-) specific ad valorem rate is greater than de 
minimis, the Department will instruct CBP to collect the appropriate 
duties at the time of liquidation.\16\ Where either a respondent's 
weighted average dumping margin is zero or de minimis, or an importer- 
(or customer-) specific ad valorem is zero or de minimis, the 
Department will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\17\
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    \16\ See 19 CFR 351.212(b)(1).
    \17\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For the companies listed above 
that have a separate rate, the cash deposit rate will be that 
established in the final results of this review (except, if the rate is 
zero or de minimis, then zero cash deposit will be required); (2) for 
previously investigated or reviewed PRC and non-PRC exporters not 
listed above that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (3) for all PRC exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be that for the PRC-wide entity; and (4) for 
all non-PRC exporters of subject merchandise which have not received 
their own rate, the cash deposit rate will

[[Page 37060]]

be the rate applicable to the PRC exporter that supplied that non-PRC 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

     Dated: August 2, 2017.
Carole Showers,
Executive Director, Office of Policy performing the duties of Deputy 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
    A. Partial Rescission
    B. NME Country Status
    C. Separate Rates
V. Recommendation

[FR Doc. 2017-16690 Filed 8-7-17; 8:45 am]
 BILLING CODE 3510-DS-P