[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Notices]
[Pages 7698-7700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02082]
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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: Preliminary Affirmative Determination of Sales at Less Than
Fair Value and Preliminary Negative Determination of Critical
Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that imports of seamless refined copper pipe and tube (copper pipe and
tube) from the Socialist Republic of Vietnam (Vietnam) are being, or
are likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is October 1, 2019, through
March 31, 2020. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable February 1, 2021.
FOR FURTHER INFORMATION CONTACT: Ariela Garvett, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3609.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this LTFV investigation on August
4, 2020.\1\ On November 18, 2020, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
January 26, 2021.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix II 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. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
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\1\ See Seamless Refined Copper Pipe and Tube from the Socialist
Republic of Vietnam: Initiation of Less-Than-Fair-Value
Investigation, 85 FR 47181 (August 4, 2020) (Initiation Notice).
\2\ See Seamless Refined Copper Pipe and Tube from the Socialist
Republic of Vietnam: Postponement of Preliminary Determination in
the Less-Than-Fair-Value Investigation, 85 FR 73459 (November 18,
2020).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Seamless
Refined Copper Pipe and Tube from the Socialist Republic of
Vietnam,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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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 Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Commerce received
no comments from interested parties regarding the scope of this
investigation. Accordingly, Commerce has not modified the scope
language as it appeared in the Initiation Notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance
[[Page 7699]]
with section 772(a) of the Act. Because Vietnam is a non-market economy
within the meaning of section 771(18) of the Act, Commerce has
calculated normal value (NV) in accordance with section 773(c) of the
Act. For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
Preliminary Negative Determination of Critical Circumstances
In accordance with sections 733(e)(1)(A)(i) and (ii) of the Act,
and 19 CFR 351.206, Commerce preliminary finds that critical
circumstances do not exist for Hailiang (Vietnam) Copper Manufacturing
Company Limited/Hongkong Hailiang Metal Trading Limited, for the non-
individually investigated companies qualifying for a separate rate, and
for the Vietnam-wide entity. For a full description of the methodology
and results of Commerce's critical circumstances analysis, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,\6\ Commerce explained that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation.\7\
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\6\ See Initiation Notice.
\7\ See Policy Bulletin No. 05.1, ``Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigations
involving Non-Market Economy Countries,'' (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the POI:
------------------------------------------------------------------------
Estimated
weighted-
Producer Exporter average
dumping margin
(percent)
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Hailiang (Vietnam) Copper Hailiang (Vietnam) 8.05
Manufacturing Company Limited/ Copper Manufacturing
Hongkong Hailiang Metal Company Limited/
Trading Limited (aka Hong Kong Hongkong Hailiang
Hailiang Metal Trading Metal Trading Limited
Limited). (aka Hong Kong
Hailiang Metal Trading
Limited).
Jintian Copper Industrial Jintian Copper 8.05
(Vietnam) Company Limited. Industrial (Vietnam)
(aka Jintian Copper Industrial Company Limited. (aka
(Vietnam) Co., Ltd). Jintian Copper
Industrial (Vietnam)
Co., Ltd).
Toan Phat Copper Tube Joint Toan Phat Copper Tube 8.05
Stock Company. Joint Stock Company.
------------------------------------------------------------------------
Vietnam-wide Entity 8.05
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register, as discussed below.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the weighted average amount by which NV exceeds U.S. price, as
indicated in the table above as follows: (1) For the producer/exporter
combinations listed in the table above, the cash deposit rate is equal
to the estimated weighted-average dumping margin listed for that
combination in the table; (2) for all combinations of Vietnam
producers/exporters of the merchandise under consideration that have
not established eligibility for their own separate rate, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin established for the Vietnam-wide entity; and (3) for all third-
country exporters of merchandise under consideration not listed in the
table above, the cash deposit rate is the cash deposit rate applicable
to the Vietnam producer/exporter combination (or the Vietnam-wide
entity) that supplied that third-country exporter. These suspension of
liquidation instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any 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).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Normally, Commerce verifies information using standard procedures,
including an on-site examination of original accounting, financial, and
sales documentation. However, due to current travel restrictions in
response to the global COVID-19 pandemic, Commerce is unable to conduct
on-site verification in this investigation. Accordingly, we intend to
verify the information relied upon in making the final determination
through alternative means in lieu of an on-site verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. A timeline for the
submission of case briefs and written comments on non-scope issues will
be announced at a later date. Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later than seven days after the
deadline for case briefs.\8\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\9\ 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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\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020); and 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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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a
[[Page 7700]]
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, Commerce intends
to hold the hearing at a time and date to be determined. Parties should
confirm by telephone the date and time of the hearing two days before
the scheduled date of the hearing.
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports materially injure, or threaten material injury
to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: January 26, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Negative Preliminary Determination of Critical Circumstances
VI. Affiliation and Single Entity Treatment
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021-02082 Filed 1-29-21; 8:45 am]
BILLING CODE 3510-DS-P