Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices 71089 

9See Antidumping Proceeding: Calculation of the 

Weighted-Average Dumping Margin and 

Assessment Rate in Certain Antidumping Duty 

Proceedings; Final Modification, 77 FR 8103 

(February 14, 2012). 

10See Antidumping and Countervailing Duty 

Proceedings: Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003) (Assessment Policy Notice). 

11See Antidumping Duty Order; Welded Carbon 

Steel Standard Pipe and Tube Products From 

Turkey, 51 FR 17784, 17784 (May 15, 1986) (Order). 

12See Assessment Policy Notice for a full 

discussion of this clarification. 

13See Magnesium Metal, 75 FR at 26923; 

Assessment Policy Notice, 68 FR 23954; see also 

Order, 51 FR at 17784. 14See Order, 51 FR at 17784. 

liquidate its entries during the POR 

imported by the importer identified in 

its questionnaire responses without 

regard to antidumping duties because its 

weighted-average dumping margin in 

these final results is zero.9

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003.10 This clarification applies 

to entries of subject merchandise during 

the POR produced by companies 

included in these final results of review 

for which the reviewed companies did 

not know that the merchandise they 

sold to an intermediary (e.g., a reseller, 

trading company, or exporter) was 

destined for the United States. In such 

instances, we will instruct CBP to 

liquidate unreviewed entries at the allothers rate established in the less-thanfair-value (LTFV) investigation 11 if 

there is no rate for the intermediate 

company(ies) involved in the 

transaction.12

For the companies identified above as 

having had no shipments, because the 

Department has determined that each of 

these companies had no shipments 

during the POR for which they had 

knowledge, all entries entered under 

each of their cash deposit rates will be 

liquidated at the all-others rate 

established in the LTFV investigation.13

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective for all 

shipments of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of the final results of 

this administrative review, as provided 

by section 751(a)(2)(C) of the Act: (1) 

The cash deposit rates for Borusan and 

Toscelik will be equal to the weightedaverage dumping margins established in 

the final results of this review; (2) for 

previously reviewed or investigated 

companies not participating in this 

review, the cash deposit rate will 

continue to be the company-specific rate 

established from a completed segment 

of this proceeding for the most recent 

period; (3) if the exporter is not a firm 

covered in this review, a previous 

review, or the original LTFV 

investigation, but the manufacturer is, 

the cash deposit rate will be the rate 

established from a completed segment 

of this proceeding for the most recent 

period for the manufacturer of the 

merchandise; and (4) the cash deposit 

rate for all other manufacturers or 

exporters will continue to be 14.74 

percent, the all-others rate established 

in the LTFV investigation.14 These 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

Notification to Importers 

This notice also serves as a final 

reminder to importers of their 

responsibility under 19 CFR 351.402(f) 

to file a certificate regarding the 

reimbursement of antidumping duties 

prior to liquidation of the relevant 

entries during this review period. 

Failure to comply with this requirement 

could result in the Secretary’s 

presumption that reimbursement of 

antidumping duties occurred, and the 

subsequent assessment of double 

antidumping duties. 

Notifications to Interested Parties 

In accordance with 19 CFR 

351.305(a)(3), this notice serves as the 

only reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO. Timely written 

notification of return or destruction of 

APO materials, or conversion to judicial 

protective order, is hereby requested. 

Failure to comply with the regulations 

and the terms of an APO is a 

sanctionable violation. 

These final results of review and 

notice are published in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act. 

Dated: November 21, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix—List of Topics Discussed in 

the Issues and Decision Memorandum 

Summary 

Background 

Scope of the Order 

Discussion of the Issues 

Issue 1: Physical Characteristic for Grade 

Issue 2: Whether the Department Should 

Collapse ASTM A53 grade A and ASTM 

A53 grade B into a Single Grade Category 

Issue 3: Duty Drawback and Treatment of 

the Resource Utilization Support Fund 

Tax 

Issue 4: Duty Drawback and Yield Loss 

Factor 

Issue 5: Differential Pricing 

Issue 6: Withdrawal of the Regulatory 

Provisions Governing Targeted Dumping 

in Less-Than-Fair-Value Investigations 

Recommendation 

[FR Doc. 2014–28263 Filed 11–28–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–964] 

Seamless Refined Copper Pipe and 

Tube From the People’s Republic of 

China: Preliminary Results and Partial 

Rescission of Administrative Review; 

2012–2013 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In response to requests from 

interested parties, the Department of 

Commerce (the ‘‘Department’’) is 

conducting the third administrative 

review of the antidumping duty order 

on seamless refined copper pipe and 

tube from the People’s Republic of 

China (‘‘PRC’’), covering the period 

November 1, 2012 through October 31, 

2013. The Department preliminarily 

determines that, during the period of 

review, Golden Dragon Precise Copper 

Tube Group, Inc., Hong Kong GD 

Trading Co., Ltd., and Golden Dragon 

Holding (Hong Kong) International, Ltd. 

(collectively, ‘‘Golden Dragon’’), the 

respondent in this proceeding, has made 

sales of subject merchandise at less than 

normal value (‘‘NV’’). Interested parties 

are invited to comment on these 

preliminary results. 

DATES: Effective Date: December 1, 2014. 

FOR FURTHER INFORMATION CONTACT: 

James Martinelli, AD/CVD Operations, 

Office IV, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue NW., 

Washington, DC 20230; telephone: (202) 

482–2923. 

SUPPLEMENTARY INFORMATION: 

Scope of Order 

The merchandise subject to the order 

is seamless refined copper pipe and 

tube. The product is currently classified 

under Harmonized Tariff Schedule of 

the United States (‘‘HTSUS’’) item 

numbers 7411.10.1030 and 

7411.10.1090. Products subject to this 

order may also enter under HTSUS item 

numbers 7407.10.1500, 7419.99.5050, 

8415.90.8065, and 8415.90.8085. 

Although the HTSUS numbers are 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
71090 Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices 

1See Memorandum to Paul Piquado, Assistant 

Secretary for Enforcement and Compliance, from 

Christian Marsh, Deputy Assistant Secretary for 

Antidumping and Countervailing Duty Operations, 

regarding ‘‘Decision Memorandum for the 

Preliminary Results of the 2012–2013 

Administrative Review of the Antidumping Duty 

Order on Seamless Refined Copper Pipe and Tube 

from the People’s Republic of China’’ (November 

21, 2014) for a complete description of the scope 

of the order (‘‘Preliminary Decision 

Memorandum’’). 

2See Memorandum to Christian Marsh, Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations, through Abdelali 

Elouaradia, Office Director, Antidumping and 

Countervailing Duty Operations, Office 4, from 

Maisha Cryor, International Trade Compliance 

Analyst, Antidumping and Countervailing Duty 

Operations, Office 4, regarding ‘‘Seamless Refined 

Copper Pipe and Tube from the People’s Republic 

of China: Extension of Deadline for Preliminary 

Results of Antidumping Duty Administrative 

Review’’ (July 8, 2014). 

3See Seamless Refined Copper Pipe and Tube 

From Mexico and the People’s Republic of China: 

Final Determination of Sales at Less Than Fair 

Value, 75 FR 60725, 60729 (October 1, 2010) 

(‘‘LTFV Final Determination’’). 

4See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews and 

Request for Revocation in Part, 78 FR 79392 

(December 30, 2013) (‘‘Initiation Notice’’). The 11 

companies include: China Hailiang Metal Trading, 

Foshan Hua Hong Copper Tube Co., Ltd., Guilin 

Lijia Metals Co., Ltd., Hong Kong Hailiang Metal, 

Ningbo Jintian Copper Tube Co., Ltd., Shanghai 

Hailiang Metal Trading Limited, Sinochem Ningbo 

Ltd. & Sinochem Ningbo Import & Export Co., Ltd., 

Taicang City Jinxin Copper Tube Co., Ltd., Zhejiang 

Jihe Pipes Inc., and Zhejiang Naile Copper Co., Ltd. 

These companies are not included in the collapsed 

entity of Hong Kong Hailiang Metal Trading 

Limited, Zhejiang Hailiang Co., Ltd., and Shanghai 

Hailiang Copper Co., Ltd. 

5See, e.g., Narrow Woven Ribbons With Woven 

Selvedge From the People’s Republic of China: 

Preliminary Results and Partial Rescission of 

Antidumping Duty Administrative Review, 77 FR 

47363, 47365 (August 8, 2012), unchanged in 

Narrow Woven Ribbons With Woven Selvedge From 

the People’s Republic of China: Final Results of 

Antidumping Duty Administrative Review; 2010– 

2011, 78 FR 10130 (February 13, 2013). A change 

in practice with respect to the conditional review 

of the PRC-wide entity is not applicable to this 

administrative review. See Antidumping 

Proceedings: Announcement of Change in 

Department Practice for Respondent Selection in 

Antidumping Duty Proceedings and Conditional 

Review of the Nonmarket Economy Entity in NME 

Antidumping Duty Proceedings, 78 FR 65964, 

65969–70 (November 4, 2013) (apply the change in 

practice to reviews for which the notice of 

opportunity to request an administrative review is 

published on or after December 4, 2013). 

6See 19 CFR 351.309(c). 

7See 19 CFR 351.309(d). 

8See 19 CFR 351.310(c). 

9See 19 CFR 351.310(d). 

provided for convenience and customs 

purposes, the written description of the 

scope of this order remains dispositive.1

Extension of Deadlines for Preliminary 

Results 

On July 8, 2014 the Department 

extended the time period for issuing the 

preliminary results of this review by 120 

days, until December 1, 2014.2

Rescission of Administrative Review, in 

Part 

Pursuant to 19 CFR 351.213(d)(1), the 

Secretary will rescind an administrative 

review, in whole or in part, if a party 

who requested the review withdraws 

the request within 90 days of the date 

of publication of the notice of initiation 

of the requested review. The 

Department is rescinding this review 

with regard to Luvata Tube (Zhongshan) 

Ltd. & Luvata Alltop (Zhongshan) Ltd. 

(collectively, ‘‘Luvata’’), Shanghai 

Hailiang Copper Co., Ltd., and Zhejiang 

Hailiang Co., Ltd. as parties have timely 

withdrawn all review requests with 

respect to these companies. At the time 

of Initiation, Luvata, Shanghai Hailiang 

Copper Co., Ltd., and Zhejiang Hailiang 

Co., Ltd. had a separate rate from a prior 

completed segment of this proceeding.3

Because we are now rescinding this 

review for these companies, we will 

instruct CBP to liquidate their entries at 

the rates of the cash deposits of 

estimated antidumping duties required 

at the time of entry, or withdrawal from 

warehouse, for consumption, in 

accordance with 19 CFR 351.212(c)(2). 

Reviews were also requested for 11 

additional companies listed in the 

Initiation Notice, and those requests 

were also timely withdrawn.4 However, 

we are not rescinding the reviews for 

these 11 companies at this time because 

they do not have a separate rate and, 

therefore, each currently remains part of 

the PRC-wide entity. The PRC-wide 

entity is currently subject to this 

administrative review.5

Methodology 

The Department conducted this 

review in accordance with section 

751(a)(1)(A) of the Tariff Act of 1930, as 

amended (the ‘‘Act’’). Export prices and 

constructed export prices were 

calculated in accordance with section 

772 of the Act. Because the PRC is a 

nonmarket economy (‘‘NME’’) country 

within the meaning of section 771(18) of 

the Act, NV has been calculated in 

accordance with section 773(c) of the 

Act. 

For a full description of the 

methodology underlying our 

conclusions, see the Preliminary 

Decision Memorandum, which is hereby 

adopted by this notice. A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as an 

Appendix 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 http://access.trade.gov, and it is 

available to all parties in the Central 

Records Unit, room 7046 of the main 

Department of Commerce building. In 

addition, a complete version of the 

Preliminary Decision Memorandum can 

be accessed at http://

enforcement.trade.gov/frn/index.html. 

The signed Preliminary Decision 

Memorandum and the electronic 

versions of the Preliminary Decision 

Memorandum are identical in content. 

Preliminary Results of Review 

The Department preliminarily 

determines that the following weightedaverage dumping margins exist: 

Exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Golden Dragon Precise Copper 

Tube Group, Inc., Hong Kong 

GD Trading Co., Ltd., and 

Golden Dragon Holding 

(Hong Kong) International, 

Ltd. 7.17 

PRC-wide entity ........................ 60.85 

Disclosure and Public Comment 

The Department intends to disclose 

calculations performed for these 

preliminary results to the parties within 

five days of the date of publication of 

this notice in accordance with 19 CFR 

351.224(b). Interested parties may 

submit written comments no later than 

30 days after the date of publication of 

these preliminary results.6 Rebuttals to 

written comments may be filed no later 

than five days after the written 

comments are filed.7

Any interested party may request a 

hearing within 30 days of publication of 

this notice.8 Hearing requests should 

contain the following information: 

(1) The party’s name, address, and 

telephone number; (2) the number of 

participants; and (3) a list of the issues 

to be discussed. Oral presentations will 

be limited to issues raised in the briefs. 

If a request for a hearing is made, parties 

will be notified of the time and date for 

the hearing to be held at the U.S. 

Department of Commerce, 1401 

Constitution Avenue NW., Washington, 

DC 20230.9

All submissions by interested parties 

must be filed electronically via 

ACCESS. An electronically filed 

document must be received successfully 

in its entirety by the Department’s 

electronic records system, ACCESS, by 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices 71091 

10 In these preliminary results, the Department 

applied the assessment rate calculation method 

adopted in Antidumping Proceedings: Calculation 

of the Weighted-Average Dumping Margin and 

Assessment Rate in Certain Antidumping 

Proceedings: Final Modification, 77 FR 8101 

(February 14, 2012). 

11For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: 

Assessment of Antidumping Duties, 76 FR 65694 

(October 24, 2011). 

12See LTFV Final Determination, 75 FR at 60729. 

5 p.m. Eastern Time in order for it to 

have been submitted timely on that day. 

The Department intends to issue the 

final results of this administrative 

review, which will include the results of 

its analysis of issues raised in any 

written comments, within 120 days of 

publication of these preliminary results 

unless extended, pursuant to section 

751(a)(3)(A) of the Act. 

Assessment Rates 

Upon issuing the final results of the 

review, the Department shall determine, 

and U.S. Customs and Border Protection 

(‘‘CBP’’) shall assess, antidumping 

duties on all appropriate entries. The 

Department intends to issue assessment 

instructions to CBP 15 days after the 

date of publication of the final results of 

review. For any individually examined 

respondents whose weighted-average 

dumping margin is not zero or de 

minimis (i.e., less than 0.5 percent), the 

Department will calculate importerspecific ad valorem duty assessment 

rates based on the ratio of the total 

amount of dumping calculated for the 

importer’s examined sales to the total 

entered value of those same sales in 

accordance with 19 CFR 351.212(b)(1).10

For respondents not individually 

examined for this review, their ad 

valorem assessment rate will be equal to 

their weighted-average dumping margin 

established in the final results of review. 

The Department will instruct CBP to 

assess antidumping duties on all 

appropriate entries covered by this 

review when the importer-specific 

assessment rate calculated in the final 

results of this review is not zero or de 

minimis. Where either the respondent’s 

weighted-average dumping margin is 

zero or de minimis, or an importerspecific assessment rate is zero or de 

minimis, the Department will instruct 

CBP to liquidate the appropriate entries 

without regard to antidumping duties. 

The Department announced a 

refinement to its assessment practice in 

NME cases. Pursuant to this refinement 

in practice, for entries that were not 

reported in the U.S. sales databases 

submitted by companies individually 

examined during this review, the 

Department will instruct CBP to 

liquidate such entries at the PRC-wide 

rate. In addition, if the Department 

determines that an exporter under 

review had no shipments of the subject 

merchandise, any suspended entries 

that entered under that exporter’s case 

number (i.e., at that exporter’s rate) will 

be liquidated at the PRC-wide rate.11

The final results of this review shall 

be the basis for the assessment of 

antidumping duties on entries of 

merchandise covered by the final results 

of this review and for future deposits of 

estimated antidumping duties. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for shipments of 

the subject merchandise from the PRC 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date, as provided by section 

751(a)(2)(C) of the Act: (1) For the 

exporters listed above, the cash deposit 

rate will be equal to the weightedaverage dumping margin established in 

the final results of this review (except, 

if the rate is de minimis, then the cash 

deposit rate will be zero for that 

exporter); (2) for previously investigated 

or reviewed PRC and non-PRC exporters 

not listed above that have separate rates, 

the cash deposit rate will continue to be 

the exporter-specific rate published for 

the most recently completed segment of 

this proceeding; (3) for all PRC exporters 

of subject merchandise that have not 

been found to be entitled to a separate 

rate, the cash deposit rate will be 60.85 

percent, which is the rate for the PRCwide entity; 12 and (4) for all non-PRC 

exporters of subject merchandise which 

have not received their own rate, the 

cash deposit rate will be the rate 

applicable to the PRC exporter that 

supplied that non-PRC exporter. These 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

Notification to Importers 

This notice serves as a preliminary 

reminder to importers of their 

responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement could result in the CBP 

assessing double antidumping duties 

based on the Department’s presumption 

that antidumping duties were 

reimbursed. 

Notification to Interested Parties 

This administrative review and notice 

are in accordance with sections 

751(a)(1) and 777(i) of the Act and 19 

CFR 351.213. 

Dated: November 21, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

1. Summary 

2. Background 

3. Scope of the Order 

4. Discussion of the Methodology 

5. Partial Rescission of Administrative 

Review 

6. Non-Market Economy Country Status 

7. Separate Rates 

8. PRC-Wide Entity 

9. Surrogate Country 

10. Date of Sale 

11. Fair Value Comparisons 

12. Determination of Comparison Method 

13. Export Price 

14. Constructed Export Price 

15. Value Added Tax 

16. Normal Value 

17. Factor Valuations 

18. Currency Conversion 

19. Recommendation 

[FR Doc. 2014–28255 Filed 11–28–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Five-Year (‘‘Sunset’’) 

Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In accordance with section 

751(c) of the Tariff Act of 1930, as 

amended (‘‘the Act’’), the Department of 

Commerce (‘‘the Department’’) is 

automatically initiating the five-year 

review (‘‘Sunset Review’’) of the 

antidumping and countervailing duty 

(‘‘AD/CVD’’) orders listed below. The 

International Trade Commission (‘‘the 

Commission’’) is publishing 

concurrently with this notice its notice 

of Institution of Five-Year Review which 

covers the same orders. 

DATES: Effective Date: December 1, 2014. 

FOR FURTHER INFORMATION CONTACT: The 

Department official identified in the 

Initiation of Review section below at 

AD/CVD Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230. 

For information from the Commission 


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