[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Notices]
[Pages 42681-42682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18212]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-602]
Brass Sheet and Strip From Germany: Notice of Rescission of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: On April 27, 2011, the Department of Commerce (``the
Department'') published a notice of initiation of an administrative
review of the antidumping duty order on brass sheet and strip from
Germany. The review covers one producer/exporter of brass sheet and
strip from Germany, Wieland-Werke AG (``Wieland''). Based on a timely
withdrawal of the request for review from the petitioners \1\ we are
now rescinding this administrative review in full.
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\1\ GBC Metals, LLC, of Global Brass and Copper, Inc., doing
business as Olin Brass, Heyco Metals, Inc., Luvata Buffalo, Inc.,
PMX Industries, Inc., and Revere Copper Products, Inc.
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DATES: Effective Date: July 19, 2011.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or George McMahon, AD/
CVD Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5973 or (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2011, the Department published in the Federal Register
the notice of opportunity to request an administrative review of the
antidumping duty order on brass sheet and strip from Germany for the
period March 1, 2010, through February 28, 2011. See Antidumping or
Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity to Request Administrative Review, 76 FR 11197 (March 1,
2011). On March 31, 2011, the Department received a request from the
petitioners that the Department conduct an administrative review
covering brass sheet and strip from Germany. On April 27, 2011, the
Department published in the Federal Register the notice of initiation
of the 2010-2011 administrative review of brass sheet and strip from
Germany. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 76 FR 23545 (April 27, 2011). On May 9, 2011,
Wieland notified the Department that they had no exports, sales, or
entries of subject brass sheet and strip during the period of review
(``POR'').
On May 12, 2011, the Department queried U.S. Customs and Border
Protection (``CBP'') data for imports of brass sheet and strip under
Harmonized Tariff Schedule of the United States (``HTSUS'') headings
7409.21.00 and 7409.29.00 to corroborate Wieland's claim. In addition,
on May 20, 2011, the Department sent an inquiry to CBP requesting
notification as to whether they had information with respect to imports
of brass sheet and strip from Germany manufactured by Wieland during
the POR. Finally, on May 24, 2011, the Department requested CBP
assistance in obtaining copies of complete entry packages associated
with several shipments.
On June 21, 2011, the Department placed the requested entry
documents on the record. On June 28, 2011, Wieland submitted their
comments concerning the entry documents arguing that the documents
supported their claim that Wieland had no exports, sales, or entries
during the POR. On June 28, 2011, the petitioners submitted a letter
stating that they had no comments on the entry documents.
On July 1, 2011, the petitioners withdrew their request for an
administrative review.
Period of Review
The POR is March 1, 2010, through February 28, 2011.
Scope of the Order
The scope of this order covers shipments of brass sheet and strip,
other than leaded and tinned, from Germany. The chemical composition of
the covered products is currently defined in the Copper Development
Association (``C.D.A.'') 200 Series or the Unified Numbering System
(``U.N.S.'') C2000; this review does not cover products the chemical
compositions of which are defined by other C.D.A. or U.N.S. series. In
physical dimensions, the products covered by this review have a solid
rectangular cross section over 0.006 inches (0.15 millimeters) through
0.188 inches (4.8 millimeters) in finished thickness or gauge,
regardless of width. Coiled, wound-on-reels (traverse wound), and cut-
to-length products are included. The merchandise is currently
classified under HTSUS item numbers 7409.21.00 and 7409.29.00. Although
the HTSUS item numbers are provided for convenience and customs
purposes, the Department's written description of the scope of this
order remains dispositive.
Rescission of Antidumping Administrative Review
19 CFR 351.213(d)(1) of the Department's regulations provides that
the Department will rescind an administrative review if the party that
requested the review withdraws its request for review within 90 days of
the date of publication of the notice of initiation of the requested
review, or withdraws at a later date if the Department determines it is
reasonable to extend the time limit for withdrawing the request. The
petitioners withdrew their request for review within 90 days of April
27, 2011, the date of publication of notice of initiation of the
requested review. Therefore, we are rescinding this administrative
review.
Assessment Instructions
The Department will instruct CBP to assess antidumping duties on
all appropriate entries. For the company for which this review is
rescinded, antidumping duties shall be assessed at rates equal to the
cash deposit of estimated antidumping duties required at the time of
entry, or withdrawal from warehouse, for consumption, in accordance
with 19 CFR 351.212(c)(1)(i). The Department intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of this notice.
Notification to Importers
This notice serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
[[Page 42682]]
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 doubled antidumping duties.
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)(3). 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 sanctionable
violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended,
and 19 CFR 351.213(d)(4).
Dated: July 13, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-18212 Filed 7-18-11; 8:45 am]
BILLING CODE 3510-DS-P