[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)
------------------------------------------------------------------------
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