Notice2022-04491
Seamless Refined Copper Pipe and Tube From the People's Republic of China and Mexico: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders
Primary source
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Published
March 3, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of these expedited sunset reviews, the Department of Commerce (Commerce) finds 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 at the levels indicated in the "Final Results of Sunset Review" section of this notice.
Full Text
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<title>Federal Register, Volume 87 Issue 42 (Thursday, March 3, 2022)</title>
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[Federal Register Volume 87, Number 42 (Thursday, March 3, 2022)]
[Notices]
[Pages 12079-12080]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04491]
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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: Final Results of the Expedited Sunset Reviews of
the Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited sunset reviews, the Department
of Commerce (Commerce) finds 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 at the levels indicated in the ``Final Results
of Sunset Review'' section of this notice.
DATES: Applicable March 3, 2022.
FOR FURTHER INFORMATION CONTACT: Paola Aleman Ordaz, 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.
SUPPLEMENTARY INFORMATION:
Background
On November 1, 2021, Commerce published the notice of initiation of
the sunset reviews of the AD Orders \1\ pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the Act).\2\ In accordance with 19
CFR 351.218(d)(1)(i) and (ii), Commerce received notices of intent to
participate in these sunset reviews from American Copper Tube Coalition
(ACTC) and its constituent members \3\ (collectively, the domestic
interested party), within 15 days after the date of publication of the
Initiation Notice.\4\ The domestic interested party claimed interested
party status under section 771(9)(C) of the Act.
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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 71070 (November 22, 2010) (collectively, AD Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 60201
(November 1, 2021) (Initiation Notice).
\3\ The members of the American Copper Tube Coalition are
Mueller Copper Tube Products, Inc., Mueller Copper Tube West Co.,
Mueller Copper Tube Company, Inc., Howell Metal Company, and
Linesets, Inc., (collectively, Mueller Group) and Cerro Flow
Products, LLC (Cerro).
\4\ See Domestic Interested Party's Letter, ``Five-Year (Sunset)
Review of Antidumping Duty Order on Seamless Refined Copper Pipe and
Tube from China: Notice of Intent to Participate,'' dated November
15, 2021; see also Domestic Interested Party's Letter, ``Five-Year
(Sunset) Review of Antidumping Duty Order on Seamless Refined Copper
Pipe and Tube from Mexico: Notice of Intent to Participate,'' dated
November 15, 2021.
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Commerce received adequate substantive responses to the Initiation
Notice from the domestic interested party within the 30-day period
specified in 19 CFR 351.218(d)(3)(i).\5\ Commerce received no
substantive responses from any respondent interested parties. On
December 20, 2021, Commerce notified the U.S. International Trade
Commission that Commerce did not receive an adequate substantive
response from respondent interested parties.\6\ In accordance with
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
Commerce conducted expedited, i.e., 120-day, sunset reviews of the AD
Orders.
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\5\ See Domestic Interested Party's Letter, ``Seamless Refined
Copper Pipe and Tube from China--Substantive Response,'' dated
December 1, 2021; see also Domestic Interested Party's Letter,
``Seamless Refined Copper Pipe and Tube from Mexico: Substantive
Response,'' dated December 1, 2021.
\6\ See Commerce's Letter, ``Sunset Reviews Initiated on
November 1, 2021,'' dated December 20, 2021.
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Scope of the AD Orders
The products subject to the AD Orders are all seamless refined
copper pipes and tubes, and are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) under subheadings:
7411.10.1030 and 7411.10.1090. Products subject to the order may also
enter under HTSUS subheadings 7407.10.1500, 7419.80.5050, 7419.99.5050,
8415.90.8065, and 8415.90.8085. The HTSUS numbers are provided for
convenience and customs purposes. A full description of the scope of
the AD Orders is contained in the Issues and Decision Memorandum.\7\
The written description is dispositive.
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Expedited Sunset Reviews of the Antidumping Duty Orders on Seamless
Refined Copper Pipe and Tube from the People's Republic of China and
Mexico,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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[[Page 12080]]
Analysis of Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum, including the likelihood of continuation or
recurrence of dumping in the event of revocation of the AD Orders and
the magnitude of dumping margins likely to prevail if the AD Orders
were revoked. A list of topics discussed in the Issues and Decision
Memorandum is included as an appendix to this notice. Parties can find
a complete discussion of all issues raised in this review and the
corresponding recommendations in the Issues and Decision Memorandum,
which 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be found at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Results of Sunset Review
Pursuant to sections 751(c) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the AD Orders would be likely to
lead to continuation or recurrence of dumping and the magnitude of the
margins of dumping likely to prevail would be weighted-average margins
up to the following percentages:
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Weighted-
average
Country margin
(percent)
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China....................................................... 60.85
Mexico...................................................... 27.16
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Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a). Timely written notification
of the destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation which is subject to
sanction.
Notification to Interested Parties
Commerce is issuing and publishing these final results and notice
in accordance with sections 751(c), and 777(i)(1) of the Act and 19 CFR
351.221(c)(5)(ii).
Dated: February 24, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
VII. Final Results of Expedited Sunset Reviews
VIII. Recommendation
[FR Doc. 2022-04491 Filed 3-2-22; 8:45 am]
BILLING CODE 3510-DS-P
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