Notice2022-14417
Phosphor Copper From the Republic of Korea: Final Results of the First Expedited Sunset Review of the Antidumping Duty Order
Primary source
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Published
July 7, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on phosphor copper from the Republic of Korea (Korea) would be likely to lead to continuation or recurrence of dumping at levels identified in the "Final Results of Sunset Review" section of this notice.
Full Text
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<title>Federal Register, Volume 87 Issue 129 (Thursday, July 7, 2022)</title>
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[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Notices]
[Pages 40502-40503]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14417]
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DEPARTMENT OF COMMERCE
Internatonal Trade Administration
[A-580-885]
Phosphor Copper From the Republic of Korea: Final Results of the
First Expedited Sunset Review of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited sunset review, the U.S.
Department of Commerce (Commerce) finds that revocation of the
antidumping duty (AD) order on phosphor copper from the Republic of
Korea (Korea) would be likely to lead to continuation or recurrence of
dumping at levels identified in the ``Final Results of Sunset Review''
section of this notice.
DATES: Applicable July 7, 2022.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations,
[[Page 40503]]
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482- 8362.
SUPPLEMENTARY INFORMATION:
Background
On April 24, 2017, Commerce published the AD order on phosphor
copper from Korea.\1\ On March 1, 2022, Commerce published the
Initiation Notice of the first sunset review of the Order, pursuant to
section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).\2\
On March 8, 2022, Commerce received a notice of intent to participate
in the sunset review from Metallurgical Products Company (the domestic
interested party), filed in proper form, within the deadline specified
in 19 CFR 351.218(d)(1)(i).\3\ The domestic interested party claimed
interested party status pursuant to section 771(9)(C) of the Act as a
manufacturer in the United States of the domestic like product.\4\
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\1\ See Phosphor Copper From the Republic of Korea: Antidumping
Duty Order, 82 FR 18893 (April 24, 2017) (Order).
\2\ See Initiation of Five-Year (Sunset) Review, 87 FR 11416
(March 1, 2022) (Initiation Notice).
\3\ See Domestic Interested Party's Letter, ``Phosphorous Copper
from Korea: Notice of Intent to Participate in Sunset Review,''
dated March 8, 2022.
\4\ Id. at 2.
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On March 24, 2022, the domestic interested party filed a complete
substantive response within the deadline specified in 19 CFR
351.218(d)(3)(i).\5\ Commerce did not receive a substantive response
from any respondent interested party with respect to this proceeding.
Further, no hearing was requested. On April 20, 2022, Commerce notified
the U.S. International Trade Commission of the lack of a substantive
response.\6\ As a result, pursuant to section 751(c)(3)(B) of the Act
and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited
(120-day) sunset review of the Order.
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\5\ See Domestic Interested Party's Letter, ``Phosphorous Copper
from Korea: Substantive Response to the Notice of Initiation of
Sunset Review,'' March 24, 2022.
\6\ See Commerce's Letter, ``Sunset Reviews Initiated on March
1, 2022,'' dated April 20, 2022.
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Scope of the Order
The merchandise covered by the Order is master alloys \7\ of copper
containing between five percent and 17 percent phosphorus by nominal
weight, regardless of form (including but not limited to shot, pellet,
waffle, ingot, or nugget), and regardless of size or weight. Subject
merchandise consists predominantly of copper (by weight), and may
contain other elements, including but not limited to iron (Fe), lead
(Pb), or tin (Sn), in small amounts (up to one percent by nominal
weight). Phosphor copper is frequently produced to JIS H2501 and ASTM
B-644, Alloy 3A standards or higher; however, merchandise covered by
the order includes all phosphor copper, regardless of whether the
merchandise meets, fails to meet, or exceeds these standards.
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\7\ A ``master alloy'' is a base metal, such as copper, to which
a relatively high percentage of one or two other elements is added.
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Merchandise covered by the Order is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheading 7405.00.1000. This HTSUS subheading is provided for
convenience and customs purposes; the written description of the scope
of the Order is dispositive.
Analysis of Comments Received
All issues raised in this sunset review are addressed in the
accompanying Issues and Decision Memorandum.\8\ A list of the topics
discussed in the Issues and Decision Memorandum is attached as the
appendix to this notice. The Issues and 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\8\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the First Expedited Sunset Review of the
Antidumping Duty Order on Phosphor Copper from Korea,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Order would be likely to
lead to continuation or recurrence of dumping, and that the magnitude
of the weighted-average dumping margin likely to prevail is up to 8.43
percent.
Administrative Protective Order
This notice also 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 in accordance with 19 CFR 351.305(a). Timely written notification
of the return or 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
We are issuing and publishing these final results and notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and
19 CFR 351.221(c)(5)(ii).
Dated: June 29, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margin of Dumping Likely to Prevail
VII. Final Results of Expedited Sunset Review
VIII. Recommendation
[FR Doc. 2022-14417 Filed 7-6-22; 8:45 am]
BILLING CODE 3510-DS-P
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