[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Notices]
[Pages 47181-47185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17067]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-831]
Seamless Refined Copper Pipe and Tube From the Socialist Republic
of Vietnam: Initiation of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable July 20, 2020.
FOR FURTHER INFORMATION CONTACT: Ariela Garvett or Maisha Cryor; AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3609 or (202) 482-5831,
respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On June 30, 2020, the Department of Commerce (Commerce) received an
antidumping duty (AD) petition concerning imports of seamless refined
copper pipe and tube (copper pipe and tube) from the Socialist Republic
of Vietnam (Vietnam) filed in proper form on behalf of the
petitioners,\1\ domestic producers of copper pipe and tube.\2\
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\1\ The petitioners are the American Copper Tube Coalition and
its constituent members (collectively, the petitioners). The members
of the American Copper Tube Coalition are: Mueller Copper Tube
Products, Inc., Mueller Copper Tube West Co., Mueller Copper Tube
Company, Inc., Howell Metal Company, and Linesets, Inc.
(collectively, Mueller Group), and Cerro Flow Products, LLC.
\2\ See Petitioners' Letter, ``Seamless Refined Copper Pipe and
Tube from Vietnam: Antidumping Duty Petition,'' dated June 30, 2020
(the Petition).
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On July 6, 2020, Commerce requested supplemental information
pertaining to certain aspects of the Petition in a supplemental
questionnaire.\3\ On July 9, 2020, the petitioners filed a response to
the supplemental questionnaire.\4\
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\3\ See Commerce's Letter, ``Petition for the Imposition of
Antidumping Duties on Imports of Seamless Refined Copper Pipe and
Tube from the Socialist Republic of Vietnam: Supplemental
Questions,'' dated July 6, 2020 (Petition Supplemental).
\4\ See Petitioners' Letter, ``Seamless Refined Copper Pipe and
Tube from Vietnam: Amendment of Petition and Response to Commerce's
Supplemental Questions,'' dated July 9, 2020 (Petition Supplement).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of copper pipe
and tube from Vietnam are being, or are likely to be, sold in the
United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the domestic
copper pipe and tube industry in the United States. Consistent with
section 732(b)(1) of the Act, the Petition is accompanied by
information reasonably available to the petitioners supporting the
allegation.
Commerce finds that the petitioners filed the Petition on behalf of
the domestic industry, because the petitioners are interested parties,
as defined in sections 771(9)(C) and (E) of the Act. Commerce also
finds that the petitioners demonstrated sufficient industry support for
the initiation of the requested investigation.\5\
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\5\ See infra, section on ``Determination of Industry Support
for the Petition''.
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Period of Investigation
Because Vietnam is a non-market economy (NME) country, pursuant to
19 CFR 351.204(b)(1), the period of investigation for the investigation
is October 1, 2019 through March 31, 2020.
Scope of the Investigation
The products covered by this investigation are copper pipe and tube
from Vietnam. For a full description of the scope of this
investigation, see the appendix to this notice.
Comments on the Scope of the Investigation
On July 6, 2020, Commerce requested further information from the
petitioners regarding the proposed scope to ensure that the scope
language in the Petition is an accurate reflection of the products for
which the domestic industry is seeking relief.\6\ On July 9, 2020, the
petitioners revised the scope.\7\ The description of the merchandise
covered by this investigation, as described in the appendix to this
notice, reflects these clarifications.
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\6\ See Petition Supplemental at 3.
\7\ See Petition Supplement at Exhibit SUP-3.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\8\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determination. If scope comments include factual information, all such
factual information should be limited to public information.\9\ To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on August 10, 2020, which is the next business day after 20
calendar days from the signature date of this notice.\10\ Any rebuttal
comments, which may include factual information, must be filed by 5:00
p.m. ET on August 20, 2020, which is ten calendar days from the initial
comment deadline.\11\
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\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ Commerce's practice dictates that where a deadline falls on
a weekend or Federal holiday, the appropriate deadline is the next
business day (in this instance, August 10, 2020). See Notice of
Clarification: Application of ``Next Business Day'' Rule for
Administrative Determination Deadlines Pursuant to the Tariff Act of
1930, As Amended, 70 FR 24533 (May 10, 2005) (Next Business Day
Rule).
\11\ See 19 CFR 351.303(b).
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Commerce requests that any factual information parties consider
relevant to the scope of the investigation be submitted during this
period. However, if a party subsequently finds that
[[Page 47182]]
additional factual information pertaining to the scope of the
investigation may be relevant, the party may contact Commerce and
request permission to submit the additional information. All such
submissions must be filed on the record of the investigation.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's (E&C's) Antidumping Duty and
Countervailing Duty Centralized Electronic Service System (ACCESS),
unless an exception applies.\12\ An electronically filed document must
be received successfully in its entirety by the time and date it is
due.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook%20on%20 Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of copper pipe and tube to
be reported in response to Commerce's AD questionnaire. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant costs of
production accurately, as well as to develop appropriate product-
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaires, all
product characteristics comments must be filed by 5:00 p.m. ET on
August 10, 2020, which is the next business day after 20 calendar days
from the signature date of this notice.\13\ Any rebuttal comments must
be filed by 5:00 p.m. ET on August 20, 2020. All comments and
submissions to Commerce must be filed electronically using ACCESS, as
explained above, on the record of the investigation.
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\13\ See 19 CFR 351.303(b). Commerce practice dictates that
where a deadline falls on a weekend or Federal holiday (in this
instance, August 9, 2020), the appropriate deadline is the next
business day. See Next Business Day Rule, 70 FR at 24533.
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Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\14\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\15\
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\14\ See section 771(10) of the Act.
\15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigation.\16\ Based on our analysis of the information
submitted on the record, we have determined that copper pipe and tube,
as defined in the scope, constitutes a single domestic like product,
and we have analyzed industry support in terms of that domestic like
product.\17\
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\16\ See Petition at 21-24; see also Petition Supplement at 1
and Exhibits SUP-1 and SUP-2.
\17\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
the Initiation Checklist at Attachment II, Analysis of Industry
Support for the Antidumping Duty Petition Covering Seamless Refined
Copper Pipe and Tube from the Socialist Republic of Vietnam
(Attachment II). This checklist is dated concurrently with, and
hereby adopted by, this notice and on file electronically via
ACCESS.
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In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the Appendix to
this notice. To establish industry support, the petitioners provided
the 2019 production of the producers who support the Petition and
compared this to the estimated production of the entire U.S. copper
pipe and tube industry.\18\ We relied on data provided by the
petitioners for purposes of measuring industry support.\19\
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\18\ See Petition at 3-4 and Exhibits 2-4; see also Petition
Supplement at 2-3 and Exhibit SUP-4.
\19\ See Petition at 3-4 and Exhibits 2-4; see also Petition
Supplement at 2-3 and Exhibit SUP-4. For further discussion, see
Attachment II of the Initiation Checklist.
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Our review of the data provided in the Petition, the Petition
Supplement, and other information readily available to Commerce
indicates that the petitioners have established industry support for
the Petition.\20\ First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\21\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the
[[Page 47183]]
total production of the domestic like product.\22\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 732(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petition account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petition.\23\ Accordingly, Commerce determines that
the Petition was filed on behalf of the domestic industry within the
meaning of section 732(b)(1) of the Act.\24\
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\20\ See Attachment II of the Initiation Checklist.
\21\ Id.; see also section 732(c)(4)(D) of the Act.
\22\ See Attachment II of the Initiation Checklist.
\23\ Id.
\24\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\25\
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\25\ See the Petition at 24-25 and Exhibit 36.
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The petitioners contend that the industry's injured condition is
illustrated by a significant and increasing volume and market share of
subject imports; underselling and price depression or suppression; lost
sales and revenue; declining employment levels; and declining financial
performance.\26\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, causation, as
well as negligibility, and we have determined that these allegations
are properly supported by adequate evidence, and meet the statutory
requirements for initiation.\27\
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\26\ See the Petition at 1-2, 19-20, 24-46 and Exhibits 36-43.
\27\ See Initiation Checklist at Attachment III, Analysis of
Allegations and Evidence of Material Injury and Causation for the
Antidumping Duty Petition Covering Seamless Refined Copper Pipe and
Tube from the Socialist Republic of Vietnam.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate an AD investigation
of imports of copper pipe and tube from Vietnam. The sources of data
for the deductions and adjustments relating to U.S. price and normal
value (NV) are discussed in greater detail in the Initiation Checklist.
U.S. Price
The petitioners based export price (EP) on pricing information for
a sales offer for copper pipe and tube produced in and exported from
Vietnam. The petitioners made certain adjustments to U.S. price to
calculate a net ex-factory U.S. price.\28\
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\28\ See Initiation Checklist at 6.
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Normal Value
Commerce considers Vietnam to be an NME country.\29\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat Vietnam as an NME country for
purposes of the initiation of this investigation. Accordingly, NV in
Vietnam is appropriately based on factors of production (FOPs) valued
in a surrogate market economy country, in accordance with section
773(c) of the Act.
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\29\ See, e.g., Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Final Results, and Final Results of No
Shipments of the Antidumping Duty Administrative Review; 2016-2017,
84 FR 18007 (April 29, 2019).
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The petitioners claim that India is an appropriate surrogate
country because India is a market economy country that is at a level of
economic development comparable to that of Vietnam and is a significant
producer of comparable merchandise.\30\ The petitioners provided
publicly available information from India to value all FOPs.\31\ Based
on the information provided by the petitioners, we determine that it is
appropriate to use India as a surrogate country for Vietnam for
initiation purposes.
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\30\ See Petition at 16-17 and Exhibits 24-25.
\31\ See Petition at 18-19 and Exhibits 29-35; see also Petition
Supplement at 6-8 and Exhibits SUP-10, SUP-11, SUP-13, SUP-14, SUP-
15, and SUP-16.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
The petitioners used their own product-specific consumption rates
as a surrogate to value Vietnamese manufacturers' FOPs.\32\
Additionally, the petitioners calculated factory overhead; selling,
general and administrative expenses; and profit based on the experience
of an Indian producer of comparable merchandise (e.g., seamless
extruded copper and copper base alloy tubes, rods, sections).\33\
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\32\ See Petition at 17 and Exhibit 26; see also Petition
Supplement at 6.
\33\ See Petition at 19 and Exhibits 34 and 35; see also
Petition Supplement at 8 and Exhibit SUP-16.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of copper pipe and tube from Vietnam are being, or
are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margin for copper pipe and tube from Vietnam
is 111.82 percent.\34\
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\34\ See Petition Supplement at Exhibit SUP-17.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
response, we find that it meets the requirements of section 732 of the
Act. Therefore, we are initiating an AD investigation to determine
whether imports of copper pipe and tube from Vietnam are being, or are
likely to be, sold in the United States at LTFV. In accordance with
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determination no later than 140
days after the date of this initiation.
Respondent Selection
In the Petition, the petitioners named five companies in Vietnam as
producers/exporters of copper pipe and tube.\35\
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\35\ See the Petition at 15 and Exhibit 20; see also Petition
Supplement at 4 and Exhibit SUP-7.
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In accordance with our standard practice for respondent selection
in AD investigations involving NME countries, Commerce selects
respondents based on quantity and value (Q&V) questionnaires in cases
where it has determined that the number of companies is large and it
cannot individually examine each company based upon its resources.
Therefore, considering the number of producers and exporters identified
in the Petition, Commerce will solicit Q&V information that can serve
as a basis for selecting exporters for individual examination in the
event that Commerce decides to limit the number of respondents
individually examined pursuant to section 777A(c)(2) of the Act.
Because there are five producers and exporters identified in the
Petition, Commerce has determined that it will issue Q&V questionnaires
to each potential respondent for which the petitioners have provided a
complete address.
[[Page 47184]]
In addition, Commerce will post the Q&V questionnaire along with
filing instructions on E&C's website at https://enforcement.trade.gov/questionnaires/questionnaires-ad.html. Producers/exporters of copper
pipe and tube from Vietnam that do not receive Q&V questionnaires may
still submit a response to the Q&V questionnaire and can obtain a copy
of the Q&V questionnaire from E&C's website. In accordance with the
standard practice for respondent selection in AD cases involving NME
countries, in the event Commerce decides to limit the number of
respondents individually investigated, Commerce intends to base
respondent selection on the responses to the Q&V questionnaire that it
receives.
Responses to the Q&V questionnaire must be submitted by the
relevant Vietnamese producers/exporters no later than 5:00 p.m. ET on
August 5, 2020. All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
Administrative Protective Order (APO) in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
E&C's website at http://enforcement.trade.gov/apo. Commerce intends to
finalize its decisions regarding respondent selection within 20 days of
publication of this notice.
Separate Rates
In order to obtain separate-rate status in an NME investigation,
exporters and producers must submit a separate-rate application.\36\
The specific requirements for submitting a separate-rate application in
a Vietnam investigation are outlined in detail in the application
itself, which is available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate
application will be due 30 days after publication of this initiation
notice.\37\ Exporters and producers who submit a separate-rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate-rate status only if they
respond to all parts of Commerce's AD questionnaire as mandatory
respondents. Commerce requires that companies from Vietnam submit a
response to both the Q&V questionnaire and the separate-rate
application by the respective deadlines in order to receive
consideration for separate-rate status. Companies not filing a timely
Q&V questionnaire response will not receive separate rate
consideration.
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\36\ See Policy Bulletin 05.1: ``Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving NME Countries,'' (April 5, 2005), available at http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1).
\37\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that the {Commerce{time} will
now assign in its NME Investigation will be specific to those
producers that supplied the exporter during the period of
investigation. Note, however, that one rate is calculated for the
exporter and all of the producers which supplied subject merchandise
to it during the period of investigation. This practice applies both
to mandatory respondents receiving an individually calculated
separate rate as well as the pool of non-investigated firms
receiving the weighted-average of the individually calculated rates.
This practice is referred to as the application of ``combination
rates'' because such rates apply to specific combinations of
exporters and one or more producers. The cash-deposit rate assigned
to an exporter will apply only to merchandise both exported by the
firm in question and produced by a firm that supplied the exporter
during the period of investigation.\38\
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\38\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the AD Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the AD Petition has been
provided to the government of Vietnam via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the AD Petition to each exporter named in the AD Petition, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petition were filed, whether there is a reasonable
indication that imports of copper pipe and tube from Vietnam are
materially injuring, or threatening material injury to, a U.S.
industry.\39\ A negative ITC determination will result in the
investigation being terminated.\40\ Otherwise, this AD investigation
will proceed according to statutory and regulatory time limits.
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\39\ See section 733(a) of the Act.
\40\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \41\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\42\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\41\ See 19 CFR 351.301(b).
\42\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be
[[Page 47185]]
considered timely. An extension request must be made in a separate,
stand-alone submission; under limited circumstances we will grant
untimely-filed requests for the extension of time limits. Parties
should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information
in this investigation.
Certification Requirements
Any party submitting factual information in an AD or countervailing
duty proceeding must certify to the accuracy and completeness of that
information.\43\ Parties must use the certification formats provided in
19 CFR 351.303(g).\44\ Commerce intends to reject factual submissions
if the submitting party does not comply with the applicable
certification requirements.
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\43\ See section 782(b) of the Act.
\44\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in this investigation should ensure that
they meet the requirements of these procedures (e.g., the filing of
letters of appearance as discussed at 19 CFR 351.103(d)). Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\45\
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\45\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: July 20, 2020
Jeffrey I. Kessler,
Assistant Secretaryfor Enforcement and Compliance.
Appendix--Scope of the Investigation
The products covered by this investigation are all seamless
circular refined copper pipes and tubes, including redraw hollows,
greater than or equal to 6 inches (152.4 mm) in actual length and
measuring less than 12.130 inches (308.102 mm) in actual 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 investigation 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-B359, ASTM-B743, ASTM-
B819, and ASTM-B903 specifications and meeting the physical
parameters described therein.
Also included within the scope of this investigation 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 actual weight of copper; or (2) metal containing at
least 97.5 percent by actual weight of copper, provided that the
content by actual weight of any other element does not exceed the
following limits:
------------------------------------------------------------------------
Limiting content
Element percent by weight
------------------------------------------------------------------------
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
------------------------------------------------------------------------
Excluded from the scope of this investigation are all seamless
circular hollows of refined copper less than 12 inches in actual
length whose actual OD exceeds its actual length.
The products subject to this investigation are currently
classifiable under subheadings 7411.10.1030 and 7411.10.1090 of the
Harmonized Tariff Schedule of the United States (HTSUS). Products
subject to the investigation 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 the investigation
is dispositive.
[FR Doc. 2020-17067 Filed 8-3-20; 8:45 am]
BILLING CODE 3510-DS-P