82 FR 55091 - Seamless Refined Copper Pipe and Tube From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 222 (November 20, 2017)
International Trade Administration
Federal Register Volume 82, Issue 222 (November 20, 2017)
| Page Range | 55091-55093 | |
| FR Document | 2017-25085 |
[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)] [Notices] [Pages 55091-55093] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25085] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-964] Seamless Refined Copper Pipe and Tube From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. [[Page 55092]] SUMMARY: On August 8, 2017, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on seamless refined copper pipe and tube from the People's Republic of China (PRC) for the period of review (POR), November 1, 2015, through October 31, 2016. For the final results of this review, the Department continues to determine that the five remaining companies under review failed to establish their eligibility for a separate rate for the POR, and thus, are part of the PRC-wide entity. The final dumping margin of sales at the PRC-Wide Entity rate is listed below in the ``Final Results'' section of this notice. DATES: Applicable November 20, 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 August 8, 2017, the Department published the Preliminary Results of the antidumping duty order on seamless refined copper pipe and tube from the PRC.\1\ We invited parties to submit comments on the Preliminary Results, but we received no comments. The Department conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). --------------------------------------------------------------------------- \1\ See 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, 82 FR 37058 (August 8, 2017) and accompanying Preliminary Decision Memorandum (Preliminary Decision Memorandum) (collectively, Preliminary Results). --------------------------------------------------------------------------- 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.\2\ --------------------------------------------------------------------------- \2\ For a full description of the scope of the Order, see Preliminary Decision Memorandum at 3-4. --------------------------------------------------------------------------- Analysis of Comments Received As noted above, we received no comments on the Preliminary Results. Changes Since the Preliminary Results As no parties submitted comments on the Preliminary Results, the Department has not modified its analysis from that presented in the Preliminary Results, and no decision memorandum accompanies this Federal Register notice. Further, the Department has made no adjustments to the determination that China Hailiang Metal Trading (China Hailiang), Shanghai Hailiang Metal Trading Limited (Shanghai Hailiang Trading), Hong Kong Hailiang, Shanghai Hailiang, and Zhejiang Hailiang did not demonstrate that they are entitled to a separate rate. Accordingly, we continue to determine it appropriate to consider all five companies to be part of the PRC-Wide entity.\3\ The rate previously established for the PRC-wide entity is 60.85 percent.\4\ --------------------------------------------------------------------------- \3\ See Preliminary Decision Memorandum, at 4-5. Pursuant to the Department's change in practice, the Department no longer considers the non-market economy (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. \4\ The rate for the PRC-Wide Entity was first assigned in the less than fair value investigation of seamless refined copper pipe and tube from the PRC, 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, 60729 (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. --------------------------------------------------------------------------- Final Results The final weighted-average dumping margin is as follows: ------------------------------------------------------------------------ Weighted- Exporter/producer average dumping margin (%) ------------------------------------------------------------------------ PRC-Wide Entity \5\.................................... 60.85 ------------------------------------------------------------------------ Assessment Rates We have not calculated any assessment (or cash deposit) rates in this administrative review, because the five companies under review are a part of the PRC-wide entity. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this administrative review. --------------------------------------------------------------------------- \5\ The PRC-wide entity includes China Hailiang, Shanghai Hailiang Trading, Hong Kong Hailiang, Shanghai Hailiang, and Zhejiang Hailiang. --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) 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; (2) 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 rate (i.e., 60.85 percent); and (3) for all non-PRC exporters of subject merchandise that have not received their own rate, the cash deposit rate will 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. Disclosure Normally, the Department discloses to interested parties the calculations performed in connection with the final 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 determined that China Hailiang, Shanghai Hailiang Trading, Hong Kong Hailiang, Shanghai Hailiang, and Zhejiang Hailiang are part of the PRC- wide entity, and have been assigned the PRC-wide rate, there are no calculations to disclose. Notification to Importers This notice also serves as a final 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 this review period. 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. [[Page 55093]] Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written 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 an APO is a violation subject to sanction. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and 351.221(b)(5). Dated: November 13, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties for the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-25085 Filed 11-17-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Notices 55091
decision of the Court that is not in DEPARTMENT OF COMMERCE state the reasons for the request. The
harmony with the Department’s Final Department will grant the request unless
Determination. This notice is published International Trade Administration it finds compelling reasons to deny the
in fulfillment of the publication [A–580–895, A–583–861] request. See 19 CFR 351.205(e).
requirement of Timken. On November 7, 2017, the petitioner
Low Melt Polyester Staple Fiber From submitted a timely request that the
Amended Final Results Department postpone the preliminary
the Republic of Korea and Taiwan:
Because there is now a final court Postponement of Preliminary determinations in these LTFV
decision, the Department amends the Determinations in the Less-Than-Fair- investigations.3 The petitioner stated
Final Determination with respect to the Value Investigations that it requests postponement because
margin assigned to PT and for all other the Department is still gathering data
producers and exporters.10 AGENCY: Enforcement and Compliance, and questionnaire responses, and
International Trade Administration, additional time is necessary for the
Weighted- Department of Commerce. Department and interested parties to
average DATES: Effective November 20, 2017. review and analyze all questionnaire
Producer/exporter 11 dumping responses, as well as for interested
margin FOR FURTHER INFORMATION CONTACT:
(%) Alice Maldonado at (202) 482–4682 parties to comment on these responses.4
For the reasons stated above and
(Republic of Korea (Korea)) or Rebecca
Producer: Pro-Team Coil Nail because there are no compelling reasons
M. Janz at (202) 482–4682 (Taiwan),
Enterprise, Inc ......................... 2.16 AD/CVD Operations, Enforcement and to deny the request, the Department, in
Exporter: Pro-Team Coil Nail En- accordance with section 733(c)(1)(A) of
terprise, Inc. or PT Enterprise
Compliance, International Trade
the Act, is postponing the deadline for
Inc.12 ....................................... .................. Administration, U.S. Department of the preliminary determinations by 50
All-Others .................................... 2.16 Commerce, 14th Street and Constitution days (i.e., 190 days after the date on
Avenue NW., Washington, DC 20230.
which these investigations were
Cash Deposit Requirements SUPPLEMENTARY INFORMATION: initiated). As a result, the Department
Since the Final Determination, the Background will issue its preliminary
Department has not established a new determinations no later than January 23,
On July 17, 2017, the Department of 2018. In accordance with section
cash deposit rate for PT or all other Commerce (the Department) initiated
producers and exporters. As a result, in 735(a)(1) of the Act and 19 CFR
less-than-fair-value (LTFV) 351.210(b)(1), the deadline for the final
accordance with section 735(c)(1)(B) of investigations of imports of low melt
the Act, the Department will instruct determinations of these investigations
polyester staple fiber (low melt PSF) will continue to be 75 days after the
U.S. Customs and Border Protection to from Korea and Taiwan.1 Currently, the
collect cash deposits at the rates for date of the preliminary determinations,
preliminary determinations are due no unless postponed at a later date.
entries of subject merchandise in later than December 4, 2017.
accordance with the rates for exporters This notice is issued and published
and producers listed above in this Postponement of Preliminary pursuant to section 733(c)(2) of the Act
notice, effective October 14, 2017. Determinations and 19 CFR 351.205(f)(1).
Section 733(b)(1)(A) of the Tariff Act Dated: November 14, 2017.
Notification to Interested Parties
of 1930, as amended (the Act), requires Gary Taverman,
This notice is issued and published in the Department to issue the preliminary Deputy Assistant Secretary for Antidumping
accordance with sections 516(A)(e), determination in an LTFV investigation and Countervailing Duty Operations,
735(c)(1)(B), and 777(i)(1) of the Act. within 140 days after the date on which performing the non-exclusive functions and
duties of the Assistant Secretary for
Dated: November 13, 2017. the Department initiated the
Enforcement and Compliance.
Gary Taverman, investigation. However, section
[FR Doc. 2017–25084 Filed 11–17–17; 8:45 am]
Deputy Assistant Secretary for Antidumping 733(c)(1) of the Act permits the
BILLING CODE 3510–DS–P
and Countervailing Duty Operations, Department to postpone the preliminary
performing the non-exclusive functions and determination until no later than 190
duties of the Assistant Secretary for days after the date on which the
Enforcement and Compliance.
DEPARTMENT OF COMMERCE
Department initiated the investigation
[FR Doc. 2017–25086 Filed 11–17–17; 8:45 am] if: (A) the petitioner 2 makes a timely International Trade Administration
BILLING CODE 3510–DS–P request for a postponement; or (B) the
Department concludes that the parties [A–570–964]
10 See Final Determination, 80 FR at 28961; see concerned are cooperating, that the
Seamless Refined Copper Pipe and
also Remand Results at 23–24. Note that entries of investigation is extraordinarily
merchandise produced by Ko Nails, Inc. and
Tube From the People’s Republic of
complicated, and that additional time is
exported by Quick Advance Inc. are excluded from China: Final Results of Antidumping
necessary to make a preliminary
the order. See Order at 39997. Duty Administrative Review; 2015–
11 In the Final Determination and the Order, the determination. Under 19 CFR
2016
Department only listed PT Enterprise Inc., an 351.205(e), the petitioner must submit a
exporter, and did not include its affiliated producer, request for postponement 25 days or AGENCY: Enforcement and Compliance,
Pro-Team Coil Nail Enterprise, Inc., in the chart more before the scheduled date of the International Trade Administration,
nshattuck on DSK9F9SC42PROD with NOTICES
reflecting final weighted-average dumping margins.
For clarity and for purposes of issuing our cash preliminary determination and must Department of Commerce.
deposit instructions to CBP, we now include
reference to Pro-Team Coil Nail Enterprise, Inc. in 1 See Low Melt Polyester Staple Fiber from the 3 See the Petitioner’s Letter re: Low Melt Polyester
this amended final determination. Republic of Korea and Taiwan: Initiation of Less- Staple Fiber from the Republic of Korea and
12 We incorrectly referred to PT Enterprise Inc. as Than-Fair-Value Investigations, 82 FR 34277 (July Taiwan—Petitioners’ Request to Postpone the
PT Enterprises in the Final Determination and the 24, 2017). Antidumping Duty Preliminary Determinations,
Order. See Final Determination, at 28961; see also 2 The petitioner is Nan Ya Plastics Corporation, dated November 7, 2017.
Order, at 39996. America. 4 Id.
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Administrative Protective Order FOR FURTHER INFORMATION CONTACT: Yieh Hsing made no shipments during
This notice also serves as a reminder Scott Hoefke, AD/CVD Operations, the POR. Accordingly, consistent with
to parties subject to administrative Office VI, Enforcement and Compliance, the Department’s practice, we intend to
protective order (APO) of their International Trade Administration, instruct U.S. Customs and Border
responsibility concerning the return or U.S. Department of Commerce, 1401 Protection (CBP) to liquidate any
destruction of proprietary information Constitution Avenue NW., Washington, existing entries of merchandise
disclosed under the APO in accordance DC 20230; telephone: (202) 482–4947. produced by Yieh Hsing, but exported
with 19 CFR 351.305(a)(3), which SUPPLEMENTARY INFORMATION: by other parties without their own rate,
continues to govern business at the all-others rate.6
Background
proprietary information in this segment Analysis of the Comments Received
On May 18, 2017, the Department
of the proceeding. Timely written All issues raised in the case and
published the Preliminary Results of
notification of the return or destruction rebuttal briefs submitted in this review
this review in the Federal Register.1 We
of APO materials or conversion to are addressed in the Issues and Decision
invited parties to comment on the
judicial protective order is hereby Memorandum, which is hereby adopted
Preliminary Results. On June 19, 2017,
requested. Failure to comply with the by this notice. A list of the issues raised
we received a case brief from Wheatland
regulations and the terms of an APO is is attached as an appendix to this
Tube Group (the petitioner).2 On June
a violation subject to sanction. notice. The Issues and Decision
26, 2017, we received a rebuttal brief
Notification to Interested Parties from Shin Yang.3 The Department Memorandum is a public document and
conducted this review in accordance is on file electronically via Enforcement
We are issuing and publishing these
with section 751(a)(2) of the Tariff Act and Compliance’s Antidumping and
results in accordance with sections Countervailing Duty Centralized
751(a)(1) and 777(i)(1) of the Act and 19 of 1930, as amended (the Act).
Electronic Service System (ACCESS).
CFR 351.213(h) and 351.221(b)(5). Scope of the Order ACCESS is available to registered users
Dated: November 13, 2017. The merchandise subject to the order at http://access.trade.gov and it is
Gary Taverman, is certain circular welded carbon steel available to all parties in the Central
Deputy Assistant Secretary for Antidumping pipes and tubes from Taiwan. The Records Unit, Room B8024 of the main
and Countervailing Duty Operations, product is currently classified under the Department of Commerce building. In
performing the non-exclusive functions and Harmonized Tariff Schedule of the addition, a complete version of the
duties for the Assistant Secretary for United States (HTSUS) item numbers Issues and Decision Memorandum can
Enforcement and Compliance. 7306.30.5025, 7306.30.5032, be accessed directly at http://
[FR Doc. 2017–25085 Filed 11–17–17; 8:45 am] 7306.30.5040, and 7306.30.5055. enforcement.trade.gov/frn/index.html.
BILLING CODE 3510–DS–P Although the HTSUS numbers are The signed Issues and Decision
provided for convenience and customs Memorandum and the electronic
purposes, the written product versions of the Issues and Decision
DEPARTMENT OF COMMERCE description remains dispositive.4 Memorandum are identical in content.
International Trade Administration Final Determination of No Shipments Changes Since the Preliminary Results
[A–583–008] In the Preliminary Results, the Based on our analysis of the
Department preliminarily determined comments received, we made a change
Certain Circular Welded Carbon Steel that Yieh Hsing had no shipments to the Preliminary Results. For Shin
Pipes and Tubes From Taiwan: Final during the period of review (POR).5 Yang, we adjusted the home market
Results of Antidumping Duty Following publication of the calculation program to correct an error
Administrative Review and Final Preliminary Results, we received no related to surrogate production costs.
Determination of No Shipments; 2015– comments from interested parties For a full discussion of all comments
2016 regarding Yieh Hsing. As a result, and received, see Issues and Decision
because the record contains no evidence Memorandum.
AGENCY: Enforcement and Compliance,
to the contrary, we continue to find that Final Results of the Review
International Trade Administration,
Department of Commerce. 1 See Certain Circular Welded Carbon Steel Pipes As a result of this review, we
SUMMARY: On May 18, 2017, the and Tubes from Taiwan: Preliminary Results of determine that the following weighted-
Department of Commerce (the Antidumping Duty Administrative Review and average dumping margin exists:
Department) published the preliminary Preliminary Determination of No Shipments; 2015–
2016, 82 FR 22805 (May 18, 2017) (Preliminary Dumping
results of the administrative review of Results), and accompanying Memorandum, Producer/exporter margin
the antidumping duty order on certain ‘‘Decision Memorandum for Preliminary Results of (percent)
circular welded carbon steel pipes and Antidumping Duty Administrative Review: Certain
tubes from Taiwan. The period of Circular Welded Carbon Steel Pipes and Tubes from
Shin Yang Steel Co., Ltd ............ 1.78
Taiwan; 2015–2016,’’ dated May 10, 2017
review (POR) is May 1, 2015 through (Preliminary Decision Memorandum).
April 30, 2016. This review covers Shin 2 See Petitioner’s June 19, 2017, Case Brief Disclosure
Yang Steel Co., Ltd. (Shin Yang) and (Petitioner Case Brief).
We intend to disclose the calculations
Yieh Hsing Enterprise Co., Ltd. (Yieh 3 See Shin Yang’s June 27, 2017, Rebuttal Brief
(Shin Yang Rebuttal). performed for these final results of
Hsing). Based on our analysis of the
nshattuck on DSK9F9SC42PROD with NOTICES
4 A full written description of the scope of the review within five days of the date of
comments received, we have made order is contained in Memorandum, ‘‘Certain
certain changes in the margin Circular Welded Carbon Steel Pipes and Tubes from 6 See, e.g., Magnesium Metal from the Russian
calculations. The final weighted-average Taiwan; 2015–2016,’’ (Issues and Decision Federation: Preliminary Results of Antidumping
dumping margins for the reviewed firms Memorandum), dated concurrently with this notice Duty Administrative Review, 75 FR 26922, 26923
and incorporated herein by reference. (May 13, 2010), unchanged in Magnesium Metal
are listed below in the section entitled, 5 See Preliminary Results, 82 FR at 22806, and from the Russian Federation: Final Results of
‘‘Final Results of the Review.’’ accompanying Preliminary Decision Memorandum, Antidumping Duty Administrative Review, 75 FR
DATES: Applicable November 20, 2017. at 2–3. 56989 (September 17, 2010).
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Document Created: 2018-10-25 10:42:41
Document Modified: 2018-10-25 10:42:41
| 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 | Applicable November 20, 2017. | |
| 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. | |
| FR Citation | 82 FR 55091 |
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