[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Notices]
[Pages 2708-2709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00647]
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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: Final Results of Antidumping Duty Administrative Review;
2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that sales of
seamless refined copper pipe and tube (copper pipe and tube) from the
People's Republic of China (China) were made at less than normal value
during the period of review (POR), November 1, 2017 through October 31,
2018. We further find that each of the companies for which an
administrative review was requested, and not withdrawn, failed to
demonstrate eligibility for a separate rate; therefore, each is part of
the China-wide entity.
DATES: Applicable January 16, 2020.
FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-5831.
SUPPLEMENTARY INFORMATION:
Background
Commerce initiated this review on February 6, 2019.\1\ On September
18, 2019, Commerce published the Preliminary Results of this
administrative review and invited interested parties to comment on the
Preliminary Results.\2\ These final results of administrative review
cover two companies for which an administrative review was initiated
and not rescinded.\3\ No party submitted case or rebuttal briefs.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 2159 (February 6, 2019) (Initiation
Notice).
\2\ See Seamless Refined Copper Pipe and Tube from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review and Rescission of Review, in Part; 2017-2018,
84 FR 49095 (September 18, 2019) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\3\ See Preliminary Results, 84 FR at 49096-49097.
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Scope of the Order 4
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\4\ See Seamless Refined Copper Pipe and Tube from Mexico and
the People's Republic of China: Antidumping Duty Orders and Amended
Final Determination of Sales at Less Than Fair Value from Mexico, 75
FR 71070 (November 20, 2010) (Order).
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For the purpose of this order, the products covered are all
seamless circular refined copper pipes and tubes, including redraw
hollows, greater than or equal to six inches (152.4 mm) in length and
measuring less than 12.130 inches (308.102 mm) (actual) in outside
diameter (``OD''), regardless of wall thickness, bore (e.g., smooth,
enhanced with inner grooves or ridges), manufacturing process (e.g.,
hot finished, cold-drawn, annealed), outer surface (e.g., plain or
enhanced with grooves, ridges, fins, or gills), end finish (e.g., plain
end, swaged end, flared end, expanded end, crimped end, threaded),
coating (e.g., plastic, paint), insulation, attachments (e.g., plain,
capped, plugged, with compression or other fitting), or physical
configuration (e.g., straight, coiled, bent, wound on spools).
The scope of this order covers, but is not limited to, seamless
refined copper pipe and tube produced or comparable to the American
Society for Testing and Materials (``ASTM'') ASTM-B42, ASTM-B68, ASTM-
B75, ASTM-B88, ASTM-B88M, ASTM-B188, ASTM-B251, ASTM-B251M, ASTM-B280,
ASTM-B302, ASTM-B306, ASTM-359, ASTM-B743, ASTM-B819, and ASTM-B903
specifications and meeting the physical parameters described therein.
Also included within the scope of this order are all sets of covered
products, including ``line sets'' of seamless refined copper tubes
(with or without fittings or insulation) suitable for connecting an
outdoor air conditioner or heat pump to an indoor evaporator unit. The
phrase ``all sets of covered products'' denotes any combination of
items put up for sale that is comprised of merchandise subject to the
scope.
``Refined copper'' is defined as: (1) Metal containing at least
99.85 percent by weight of copper; or (2) metal containing at least
97.5 percent by weight of copper, provided that the content by weight
of any other element does not exceed the following limits:
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Limiting content
Element percent by weight
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Ag--Silver........................................... 0.25
As--Arsenic.......................................... 0.5
Cd--Cadmium.......................................... 1.3
Cr--Chromium......................................... 1.4
Mg--Magnesium........................................ 0.8
Pb--Lead............................................. 1.5
S--Sulfur............................................ 0.7
Sn--Tin.............................................. 0.8
Te--Tellurium........................................ 0.8
Zn--Zinc............................................. 1.0
Zr--Zirconium........................................ 0.3
Other elements (each)................................ 0.3
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Excluded from the scope of this order are all seamless circular
hollows of refined copper less than 12 inches in length whose OD
(actual) exceeds its length. The products subject to this order are
currently classifiable under subheadings 7411.10.1030 and 7411.10.1090
of the HTSUS. Products subject to this order may also enter under HTSUS
subheadings 7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085.
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of this order is
dispositive.
Analysis of Comments Received
No interested party submitted comments on the Preliminary Results.
Accordingly, Commerce did not modify its analysis from that presented
in the Preliminary Results, and no decision memorandum accompanies this
Federal Register notice.\5\
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\5\ For a detailed discussion of Commerce's analysis, see
Preliminary Results and accompanying Preliminary Decision
Memorandum.
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China-Wide Entity
For the purposes of the final results of this administrative
review, we continue to find that the Golden Dragon Entity \6\ is part
of the China-wide entity because: (1) It failed to respond to
Commerce's antidumping questionnaire after being selected as a
mandatory respondent; and (2) we are unable to verify its separate rate
status.\7\ We also continue to find that Sinochem Ningbo Import &
Export Co., Ltd. is a part of the China-wide entity because it did not
file a separate
[[Page 2709]]
rate application or a separate rate certification within 30 calendar
days of the publication of the Initiation Notice.
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\6\ The Golden Dragon Entity is a collapsed entity that
encompasses three of the companies initiated upon in the Initiation
Notice, i.e., Golden Dragon Holding (Hong Kong) International Co.,
Ltd., Golden Dragon Precise Copper Tube Group, Inc., and Hong Kong
GD Trading Co, Ltd. See Preliminary Results, 84 FR at 49095.
\7\ Id.
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Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\8\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested, and Commerce did not self-initiate, a review of the
China-wide entity in the instant review, the entity is not under
review; therefore, the entity's current rate, i.e., 60.85 percent,\9\
is not subject to change.
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\8\ 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).
\9\ See Preliminary Results, 84 FR at 49096.
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Assessment
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, amended
(the Act) and 19 CFR 351.212(b), Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. Commerce intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of review in the Federal Register. Consistent with Commerce's
assessment practice in non-market economy cases, if Commerce determines
that an exporter under review had no shipments of subject merchandise,
any suspended entries that entered under the exporter's case number
(i.e., at that exporter's rate) will be liquidated at the China-wide
rate.\10\
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\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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 China 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 Chinese and non-Chinese exporters that
received a separate rate in a prior segment of this proceeding, the
cash deposit rate will continue to be the exporter-specific rate
published for the most recently completed segment of this proceeding in
which the exporter was reviewed; (2) for all Chinese exporters of
subject merchandise which have not been found to be entitled to a
separate rate, the cash deposit rate will be that established for the
China-wide entity, which is 60.85 percent; and (3) for all non-Chinese
exporters of subject merchandise which have not received their own
rate, the cash deposit rate will be the rate applicable to the Chinese
exporter that supplied that non-Chinese exporter with the subject
merchandise. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice 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 and/or countervailing
duties prior to liquidation of the relevant entries during this POR.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping duties and/or
countervailing duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties Regarding Administrative Protective
Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing notice of these final results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: January 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-00647 Filed 1-15-20; 8:45 am]
BILLING CODE 3510-DS-P