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###### International Trade Commission

          - [Investigation No. 731-TA-1528 (Final)]

# AGENCY:

United States International Trade Commission.

# ACTION:

Notice.

# SUMMARY:

The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1528 (Final) pursuant to the Tariff Act of 1930 (“the Act”) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of seamless refined copper pipe and tube from Vietnam, provided for in subheading 7411.10.10 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce (“Commerce”) to be sold at less-than-fair-value.

# DATES:

February 1, 2021.

# FOR FURTHER INFORMATION CONTACT:

                        Jordan Harriman ((202) 205-2610), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (                        *https://www.usitc.gov*). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at                         *https://edis.usitc.gov.*

# SUPPLEMENTARY INFORMATION:

*Scope.*                    —For purposes of this investigation, Commerce has defined the subject merchandise as all seamless circular refined copper pipes and tubes, including redraw hollows, greater than                           ( print page 10995)                        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.[1] 

*Background.*                    —The final phase of this investigation is being scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)), as a result of an affirmative preliminary determination by Commerce that imports of seamless refined copper pipe and tube from Vietnam are being sold in the United States at less than fair value within the meaning of § 733 of the Act (19 U.S.C. 1673b). The investigation was requested in a petition filed on June 30, 2020, by the American Copper Tube Coalition, consisting of the Mueller Group, Collierville, Tennessee, and Cerro Flow Products, LLC, Sauget, Illinois.                

For further information concerning the conduct of this phase of the investigation, hearing procedures, and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207).

*Participation in the investigation and public service list.*                    —Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of this investigation as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11 of the Commission's rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigation need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigation.                

                    Please note the Secretary's Office will accept only electronic filings during this time. Filings must be made through the Commission's Electronic Document Information System (EDIS,                     *https://edis.usitc.gov*). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice.                

*Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.*                    —Pursuant to § 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in the final phase of this investigation available to authorized applicants under the APO issued in the investigation, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigation. A party granted access to BPI in the preliminary phase of the investigation need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO.                

*Staff report.*                    —The prehearing staff report in the final phase of this investigation will be placed in the nonpublic record on May 27, 2021, and a public version will be issued thereafter, pursuant to § 207.22 of the Commission's rules.                

*Hearing.*                    —The Commission will hold a hearing in connection with the final phase of this investigation beginning at 9:30 a.m. on June 15, 2021. Information about the place and form of the hearing, including about how to participate in and/or view the hearing, will be posted on the Commission's website at                     *https://www.usitc.gov/​calendarpad/​calendar.html.*                     Interested parties should check the Commission's website periodically for updates. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before June 8, 2021. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should participate in a prehearing conference to be held at 9:30 a.m. on June 14, 2021. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties must submit any request to present a portion of their hearing testimony                     *in camera*                     no later than 7 business days prior to the date of the hearing.                

*Written submissions.*                    —Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of § 207.23 of the Commission's rules; the deadline for filing is June 7, 2021. Parties may also file written testimony in connection with their presentation at the hearing, as provided in § 207.24 of the Commission's rules, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission's rules. The deadline for filing posthearing briefs is June 22, 2021. In addition, any person who has not entered an appearance as a party to the investigation may submit a written statement of information pertinent to the subject of the investigation, including statements of support or opposition to the petition, on or before June 22, 2021. On July 13, 2021, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before July 15, 2021, but such final comments must not contain new factual information and must otherwise comply with § 207.30 of the Commission's rules. All written submissions must conform with the provisions of § 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's                     *Handbook on Filing Procedures,*                     available on the Commission's website at                     *https://www.usitc.gov/​documents/​handbook_​on_​filing_​procedures.pdf,*                     elaborates upon the Commission's procedures with respect to filings.                

                    Additional written submissions to the Commission, including requests pursuant to § 201.12 of the Commission's rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff.                          ( print page 10996)    

In accordance with §§ 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the investigation must be served on all other parties to the investigation (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.

*Authority:*                     This investigation is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.21 of the Commission's rules.                

By order of the Commission.

Issued: February 18, 2021.

Lisa Barton,

Secretary to the Commission.

# Footnotes

1.                             For Commerce's complete scope, 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.                    
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[FR Doc. 2021-03678 Filed 2-22-21; 8:45 am]

BILLING CODE 7020-02-P