Seamless Refined Copper Pipe and Tube From the Socialist Republic of Vietnam: Antidumping Duty Order

Citation86 FR 44691
Record Number2021-17375
Published date13 August 2021
SectionNotices
CourtInternational Trade Administration
Federal Register, Volume 86 Issue 154 (Friday, August 13, 2021)
[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
                [Notices]
                [Pages 44691-44693]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-17375]
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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: Antidumping Duty Order
                AGENCY: Enforcement and Compliance, International Trade Administration,
                Department of Commerce.
                SUMMARY: Based on the affirmative final determinations by the
                Department of Commerce (Commerce) and the U.S. International Trade
                Commission (ITC), Commerce is issuing an antidumping duty (AD) order on
                seamless refined copper pipe and tube (copper pipe and tube) from the
                Socialist Republic of Vietnam (Vietnam).
                DATES: Applicable August 13, 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
                 In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
                of 1930, as amended (the Act), on June 24, 2021, Commerce published its
                affirmative final determination of sales at less than fair value (LTFV)
                of copper pipe and tube from Vietnam.\1\ As part of this determination,
                Commerce made negative critical circumstances findings for the sole
                mandatory respondent, Hailiang (Vietnam) Copper Manufacturing Company
                (Hailiang Vietnam) and its affiliated trading company Hongkong Hailiang
                Metal Trading Limited (also known as Hong Kong Hailiang Metal Trading
                Limited) (Hongkong Hailiang) (collectively, Hailiang Vietnam/Hongkong
                Hailiang), the non-examined, separate rate companies, and the Vietnam-
                wide entity.\2\ On August 5, 2021, the ITC notified Commerce of its
                final affirmative determination that an industry in the United States
                is materially injured by reason of LTFV imports of copper pipe and tube
                from Vietnam, within the meaning of section 735(b)(1)(A)(i) of the
                Act.\3\
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                 \1\ See Seamless Refined Copper Pipe and Tube from the Socialist
                Republic of Vietnam: Final Affirmative Determination of Sales at
                Less Than Fair Value, and Final Negative Determination of Critical
                Circumstances, 86 FR 33228 (June 24, 2021) (Final Determination).
                 \2\ Id.
                 \3\ See ITC's Letter, ITC Notification, dated August 5, 2021
                (ITC Notification).
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                Scope of the Order
                 The products covered by this order are copper pipe and tube from
                Vietnam. For a complete description of the scope of the order, see the
                appendix to this notice.
                Order
                 In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act,
                the ITC notified Commerce of its final determination that an industry
                in the United States is materially injured by reason of imports of
                copper pipe and tube from Vietnam.\4\ Therefore, Commerce is issuing
                this order in accordance with section 735(c)(2) of the Act. Because
                Commerce has determined that sales of copper pipe and tube from Vietnam
                were made at LTFV, and the ITC determined that imports of copper pipe
                and tube from Vietnam are materially injuring a U.S. industry,
                unliquidated entries of such merchandise from Vietnam entered, or
                withdrawn from warehouse, for consumption are subject to the assessment
                of antidumping duties.
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                 \4\ Id.
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                [[Page 44692]]
                 In accordance with section 736(a)(1) of the Act, Commerce will
                direct U.S. Customs and Border Protection (CBP) to assess, upon further
                instruction by Commerce, antidumping duties equal to the amount by
                which the normal value of the merchandise exceeds the export price (or
                constructed export price) of the subject merchandise for all relevant
                entries of copper pipe and tube from Vietnam. Antidumping duties will
                be assessed on unliquidated entries of copper pipe and tube from
                Vietnam entered, or withdrawn from warehouse, for consumption on or
                after February 1, 2021, the date of publication of the Preliminary
                Determination,\5\ but antidumping duties will not be assessed on
                entries of subject merchandise occurring after the expiration of the
                provisional measures period and before publication in the Federal
                Register of the ITC's final injury determination, as further described
                below.
                ---------------------------------------------------------------------------
                 \5\ See 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, 86 FR 7698 (February 1, 2021) (Preliminary
                Determination).
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                Continuation of Suspension of Liquidation
                 In accordance with section 736 of the Act, Commerce will instruct
                CBP to continue to suspend liquidation on all relevant entries of
                copper pipe and tube from Vietnam entered, or withdrawn from warehouse,
                for consumption on or after the date of publication of the ITC's final
                affirmative injury determination in the Federal Register. These
                instructions suspending liquidation will remain in effect until further
                notice.
                 Pursuant to 735(c)(1)(B) of the Act and 19 CFR 351.210(d), Commerce
                will also instruct CBP to require cash deposits equal to the
                appropriate estimated weighted-average dumping margin indicated in the
                table below. Accordingly, effective on the date of publication of the
                ITC's final affirmative injury determination, CBP will require, at the
                same time as an importer of record would normally deposit estimated
                duties on the subject merchandise, a cash deposit for each entry of
                subject merchandise equal to the appropriate estimated weighted-average
                dumping margins listed below.\6\
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                 \6\ See section 736(a)(3) of the Act.
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                Estimated Weighted-Average Dumping Margins
                 The estimated weighted-average dumping margins are as follows:
                ------------------------------------------------------------------------
                 Estimated
                 weighted-
                 average
                 Exporter Producer dumping
                 margin
                 (percent)
                ------------------------------------------------------------------------
                Hailiang (Vietnam) Copper Hailiang (Vietnam) 8.35
                 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 8.35
                 (Vietnam) Company Limited (aka Industrial (Vietnam)
                 Jintian Copper Industrial Company Limited (aka
                 (Vietnam) Co., Ltd). Jintian Copper
                 Industrial (Vietnam)
                 Co., Ltd).
                Toan Phat Copper Tube Joint Toan Phat Copper Tube 8.35
                 Stock Company. Joint Stock Company.
                Vietnam-Wide Entity............ ....................... 8.35
                ------------------------------------------------------------------------
                Provisional Measures
                 Section 733(d) of the Act states that suspension of liquidation
                pursuant to an affirmative preliminary determination may not remain in
                effect for more than four months, except that Commerce may extend the
                four-month period to no more than six months at the request of
                exporters representing a significant proportion of exports of the
                subject merchandise. Commerce published its affirmative Preliminary
                Determination on February 1, 2021.\7\ On February 8, 2021, Commerce
                postponed the Final Determination and extended the provisional measures
                period from four months to six months.\8\ Commerce published the Final
                Determination in the Federal Register on June 24, 2021.\9\ The six-
                month period beginning on the date of publication of the LTFV
                Preliminary Determination ended on July 30, 2021.
                ---------------------------------------------------------------------------
                 \7\ See Preliminary Determination.
                 \8\ See Seamless Refined Copper Pipe and Tube from the Socialist
                Republic of Vietnam: Postponement of Final Determination in the
                Less-Than-Fair-Value Investigation, 86 FR 8588 (February 8, 2021).
                 \9\ See Final Determination.
                ---------------------------------------------------------------------------
                 Therefore, in accordance with section 733(d) of the Act, Commerce
                will instruct CBP to terminate the suspension of liquidation and to
                liquidate, without regard to antidumping duties, unliquidated entries
                of copper pipe and tube from Vietnam, entered, or withdrawn from
                warehouse, for consumption after July 30, 2021, the date on which the
                provisional measures expired, through the day preceding the date of
                publication of the ITC's final affirmative injury determination in the
                Federal Register. Suspension of liquidation and the collection of cash
                deposits will resume on the date of publication of the ITC's final
                determination in the Federal Register.
                Notification to Interested Parties
                 This notice constitutes the AD order with respect to copper pipe
                and tube from Vietnam pursuant to section 736(a) of the Act. Interested
                parties can find a list of AD orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
                 This order is published in accordance with section 736(a) of the
                Act and 19 CFR 351.211(b).
                 Dated: August 9, 2021.
                Christian Marsh,
                Acting Assistant Secretary for Enforcement and Compliance.
                Appendix
                Scope of the Order
                 The products covered by this order 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 order covers, but is not limited to, seamless
                refined copper pipe and tube produced or comparable to the American
                Society for Testing and Materials
                [[Page 44693]]
                (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 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 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 order 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 order 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 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 the order is dispositive.
                [FR Doc. 2021-17375 Filed 8-12-21; 8:45 am]
                BILLING CODE 3510-DS-P
                

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