Seamless Refined Copper Pipe and Tube From the People's Republic of China and Mexico: Continuation of Antidumping Duty Orders
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Issuing agencies
Abstract
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.
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<title>Federal Register, Volume 87 Issue 99 (Monday, May 23, 2022)</title>
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[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Notices]
[Pages 31209-31210]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
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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
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