Vietnam Copper Pipe and Tube: New AD Duty Investigation Deadlines & Scope

The Commerce Department will publish a notice in the Aug. 4 Federal Register on its recently initiated antidumping duty investigation on seamless refined copper pipe and tube from Vietnam (A-552-831). The agency will determine whether imports of merchandise subject to this investigation are being sold in the U.S. at less than fair value. The period of investigation is Oct. 1, 2019, through March 31, 2020.

The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped seamless copper pipe and tube are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due Aug. 14, the investigation will immediately end. Conversely, if Commerce finds dumping in the preliminary determination of this investigation, currently due in December, it will set AD duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD duty order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD duties on importers and potentially change AD duty cash deposit rates.

If duties are imposed, Vietnamese producers and exporters who do not demonstrate independence from government control and request eligibility for a “separate rate” will be assigned the “Vietnam-wide rate,” which can reach over 200 percent for some products. Separate rate applications from Vietnamese producers and exporters are due on or about March 25.

Respondent Selection

Commerce will send quantity and value questionnaires to each potential respondent, and will base respondent selection on the responses it receives. Vietnamese exporters that don't get a quantity and value questionnaire can still submit one using the form available on the Commerce website. Responses are due Aug. 5.

Scope of the AD/CVD Investigations

The products covered by this investigation are all seamless circular refined copper pipes and tubes, including redraw hollows, greater than or equal to 6 inches (152.4 mm) in actual length and measuring less than 12.130 inches (308.102 mm) in actual 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 this investigation covers, but 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, ASTMB819, and ASTM-B903 specifications and meeting the physical parameters described therein.

Also included within the scope of this investigation are all sets of covered products, including “line sets” of seamless refined copper tubes (with or without fittings 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 actual weight of copper; or (2) metal containing at least 97.5 percent by actual weight of copper, provided that the content by actual weight of any other element does not exceed the following limits:

Excluded from the scope of this investigation are all seamless circular hollows of refined copper less than 12 inches in actual length whose actual OD exceeds its actual length.

The products subject to this investigation 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 investigation may also enter under HTSUS subheadings 7407.10.1500, 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 investigation is dispositive.

Comments on the scope of the investigation are due by Aug. 10.

Investigations Timetable

These deadlines may, and usually are, extended. The Commerce Department fact sheet on the initiation of these investigations is (here). See 2007010031 for summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.