[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.
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    \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.
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    \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.
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    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