[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Notices]
[Pages 31209-31210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11003]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-964, A-201-838]


Seamless Refined Copper Pipe and Tube From the People's Republic 
of China and Mexico: Continuation of Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) orders on seamless refined 
copper pipe and tube from the People's Republic of China (China) and 
Mexico would likely lead to continuation or recurrence of dumping and 
material injury to an industry in the United States, Commerce is 
publishing this notice of continuation of the orders.

DATES: Applicable May 23, 2022.

FOR FURTHER INFORMATION CONTACT: Paola Aleman Ordaz or Thomas Martin, 
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) 482-4031 or (202) 
482-3936, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 22, 2010, Commerce published in the Federal Register 
the AD orders on seamless refined copper pipe and tube from China and 
Mexico.\1\ On November 1, 2021, Commerce published the notice of 
initiation of the sunset reviews of the Orders, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act).\2\ Commerce 
conducted expedited sunset reviews of the Orders, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result 
of its reviews, Commerce determined, pursuant to sections 751(c)(1) and 
752(c) of the Act, that revocation of the Orders would likely lead to 
continuation or recurrence of dumping.\3\ Commerce, therefore, notified 
the ITC of the magnitude of the dumping margins likely to prevail 
should the Orders be revoked.\4\ On May 17, 2022, the ITC published its 
determination, pursuant to section 751(c) of the Act, that revocation 
of the Orders would likely lead to continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time.\5\
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    \1\ See Seamless Refined Copper Pipe and Tube from Mexico and 
the People's Republic of China: Antidumping Duty Orders and Amended 
Final Determination of Sales at Less Than Fair Value from Mexico, 75 
FR 71010 (November 22, 2010) (collectively, Orders).
    \2\ See Initiation of Five-Year (Sunset) Review, 86 FR 60201 
(November 1, 2021).
    \3\ See Seamless Refined Copper Pipe and Tube from the People's 
Republic of China and Mexico: Final Results of the Expediated Sunset 
Reviews of the Antidumping Duty Orders, 87 FR 12079 (March 3, 2022).
    \4\ Id.
    \5\ See Seamless Refined Copper Pipe and Tube from China and 
Mexico, 87 FR 29877 (May 17, 2022).
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Scope of the Orders

    The merchandise covered by the scope of the Orders are all seamless 
refined copper pipes and tubes, including redraw hollows, greater than 
or equal to 6 inches (152.4 millimeters (mm)) in length and measuring 
less than 12.130 inches (308.12 mm) (actual) in 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 the Orders covers, but it 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 the Orders are all sets of covered 
products, including ``line sets'' of seamless refined copper tubes 
(with or without fitting 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 weight of copper; or (2) metal containing at least 
97.5 percent by weight of copper, provided that the content by 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 the Orders are all seamless circular 
hollows of refined copper less than 12 inches in length whose OD 
(actual) exceeds its length. The products subject to the Orders 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 Orders may also enter under HTSUS subheadings 
7407.10.1500, 7419.80.5050, 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 Orders is dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the Orders. U.S. Customs and 
Border Protection will continue to collect AD cash deposits at the 
rates in effect at the time of entry for all imports of subject 
merchandise. The

[[Page 31210]]

effective date of the continuation of the orders will be the date of 
publication in the Federal Register of this notice of continuation. 
Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), 
Commerce intends to initiate the next sunset review of the Orders not 
later than 30 days prior to the fifth anniversary of the effective date 
of continuation.

Notification to Interested Parties

    This five-year sunset review and this notice are in accordance with 
sections 751(c) and 751(d)(2) of the Act and this notice is published 
pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: May 17, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-11003 Filed 5-20-22; 8:45 am]
BILLING CODE 3510-DS-P