[Federal Register Volume 80, Number 65 (Monday, April 6, 2015)]
[Notices]
[Pages 18357-18359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07844]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-602]
Brass Sheet and Strip From Germany: Preliminary Results of
Antidumping Duty Administrative Review and Preliminary Determination of
No Shipments; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from Petitioners,\1\ the Department
of Commerce (the Department) is conducting an administrative review of
the antidumping duty order on brass sheet and strip from Germany. The
period of review (POR) is March 1, 2013, through February 28, 2014.\2\
The review covers ten producers or exporters of subject merchandise.\3\
We preliminarily find that three of the producers or exporters for
which the Department initiated a review, Schwermetall, ThyssenKrupp,
and Wieland, had no shipments during the POR. Further, we preliminarily
find that subject merchandise has been sold at less than normal value
by seven of the companies subject to this review.
[[Page 18358]]
Interested parties are invited to comment on these preliminary
results.\4\
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\1\ The Petitioners are GBC Metals, LLC of Global Brass and
Copper, Inc., dba Olin Brass, Heyco Metals, Inc., Aurubis Buffalo,
Inc. PMX Industries, Inc. and Revere Copper Products, Inc.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 79 FR
24398 (April 30, 2014) (Initiation).
\3\ The ten producers or exporters include: Aurubis Stolberg
GmbH & Co. KG, Carl Schreiber GmbH, KME Germany AG & Co. KG,
Messingwerk Plettenberg Herfeld GmbH & Co. KG (Messingwerk), MKM
Mansfelder Kupfer & Messing GmbH, Schlenk Metallfolien GmbH & Co.
KG, Schwermetall Halbzeugwerk GmbH & Co. KG (Schwermetall),
Sundwiger Messingwerke GmbH & Co. KG, ThyssenKrupp VDM GmbH
(ThyssenKrupp), and Wieland-Werke AG (Wieland).
\4\ The seven companies include Aurubis Stolberg GmbH & Co. KG,
Carl Schreiber GmbH, KME Germany AG & Co. KG, Messingwerk, MKM
Mansfelder Kupfer & Messing GmbH, Schlenk Metallfolien GmbH & Co.
KG, and Sundwiger Messingwerke GmbH & Co. KG.
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DATES: Effective April 6, 2015.
FOR FURTHER INFORMATION CONTACT: George McMahon, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1167.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the antidumping duty order is brass
sheet and strip, other than leaded brass and tin brass sheet and strip,
from Germany, which is currently classified under subheading
7409.21.00.50, 7409.21.00.75, 7409.21.00.90, 7409.29.00.50,
7409.29.00.75, and 7409.29.00.90 of the Harmonized Tariff Schedule of
the United States (HTSUS). Although the HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
merchandise subject to the order is dispositive.\5\
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\5\ For a full description of the scope of the order, see the
``Decision Memorandum for Preliminary Results of the Antidumping
Duty Administrative Review: Brass Sheet and Strip from Germany;
2013-2014'' from Gary Taverman, Associate Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance (Preliminary
Decision Memorandum), dated concurrently with this notice
(Preliminary Decision Memorandum).
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Methodology
In accordance with sections 776(a) and (b) of the Tariff Act of
1930, as amended (the Act), we relied on facts available with an
adverse inference with respect to Messingwerk, the sole company
selected for individual examination in this review. Thus, we
preliminarily assign a rate of 55.60 percent as the dumping margin for
Messingwerk. In making these findings, we relied on facts available
because Messingwerk failed to respond to the Department's antidumping
duty questionnaire, and thus withheld requested information, failed to
provide requested information by the established deadlines, and
significantly impeded this proceeding. See sections 776(a)(1) and
(2)(A)-(C) of the Act. Furthermore, because we preliminarily determine
that Messingwerk failed to cooperate by not acting to the best of its
ability to comply with the Department's requests for information, we
drew an adverse inference in selecting from among the facts otherwise
available. See section 776(b) of the Act.
Additionally, as indicated in the ``Preliminary Results of Review''
section below, we preliminarily determine that a margin of 22.61
percent applies to the six firms not selected for individual review. We
preliminarily determined to base the dumping margin for the six
companies not selected for individual examination in this review on an
average of the range of certain dumping margins contained in the
underlying Petition.\6\ For further information, see the Preliminary
Decision Memorandum at ``Rate for Non-Examined Companies.''
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\6\ See Brass Sheet and Strip From The Federal Republic of
Germany; Initiation of Antidumping Duty Investigation, 51 FR 11774
(April 7, 1986).
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For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of topics
included in the Preliminary Decision Memorandum is included in the
Appendix attached to this notice.
The Preliminary 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).\7\
ACCESS is available to registered users at http://access.trade.gov and
to all parties in the Central Records Unit, room 7046 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
Internet at: http://enforcement.trade.gov/frn/index.html. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an Appendix to this notice.
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\7\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (IA ACCESS) to AD and CVD Centralized
Electronic Service System (ACCESS). The Web site location was
changed from http://iaaccess.trade.gov to http://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
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Preliminary Determination of No Shipments
Based on our analysis of U.S. Customs and Border Protection (CBP)
information and information provided by Schwermetall, ThyssenKrupp, and
Wieland, we preliminarily determine that Schwermetall, ThyssenKrupp,
and Wieland had no shipments of the subject merchandise, and,
therefore, no reviewable transactions, during the POR. For a full
discussion of this determination, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
As a result of our review, we preliminarily determine that the
following dumping margins on brass sheet and strip from Germany exist
for the period March 1, 2013, through February 28, 2014 at the
following rates:
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Margin
Producer and/or exporter (percent)
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Aurubis Stolberg GmbH & Co. KG............................... 22.61
Carl Schreiber GmbH.......................................... 22.61
KME Germany AG & Co. KG...................................... 22.61
Messingwerk Plettenberg Herfeld GmbH & Co. KG................ 55.60
MKM Mansfelder Kupfer & Messing GmbH......................... 22.61
Schlenk Metallfolien GmbH & Co. KG........................... 22.61
Sundwiger Messingwerke GmbH & Co. KG......................... 22.61
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Disclosure and Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs not later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\8\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\9\ Interested parties who wish to comment on the
preliminary results must file briefs electronically using ACCESS.\10\
An electronically-filed document must be received successfully in its
entirety in ACCESS, by 5 p.m. Eastern Time (ET) on the date the
document is due.
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\8\ See 19 CFR 351.309(d).
\9\ See 19 CFR 351.303 (for general filing requirements).
\10\ Id.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS. An electronically filed
document must be received successfully in its entirety in ACCESS by 5
p.m. ET within 30 days after the date of publication of this notice.
Requests should contain: (1) The party's name, address and telephone
number; (2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case briefs.
[[Page 18359]]
The Department intends to issue the final results of this
administrative review, including the results of its analysis of the
issues raised in any written briefs, not later than 120 days after the
date of publication of this notice, pursuant to section 751(a)(3)(A) of
the Act.
Assessment Rates
Upon issuance of the final results, the Department shall determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review. If the preliminary results are unchanged for
the final results we will instruct CBP to apply an ad valorem
assessment rate of 55.60 percent to all entries of subject merchandise
during the POR which were produced and/or exported by Messingwerk, and
an ad valorem assessment rate of 22.61 percent to all entries of
subject merchandise during the POR which were produced and/or exported
by the six aforementioned companies which were not selected for
individual examination.
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of brass sheet and strip from Germany entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2) of the Act: (1) The cash
deposit rates for the reviewed companies will be the rates established
in the final results of this review; (2) for merchandise exported by
manufacturers or exporters not covered in this review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently completed
segment of this proceeding; (3) if the exporter is not a firm covered
in this review, a prior review, or the less-than-fair-value
investigation but the manufacturer is, the cash deposit rate will be
the rate established for the most recently completed segment of this
proceeding for the manufacturer of the merchandise; (4) if neither the
exporter nor the manufacturer has its own rate, the cash deposit rate
will be 7.30 percent.\11\ These deposit requirements, when imposed,
shall remain in effect until further notice.
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\11\ See Preliminary Decision Memorandum for additional details.
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Notifications to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
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 to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: March 31, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
A. Summary
B. Background
C. Scope of the Order
D. Discussion of the Methodology
1. Selection of Respondent
2. No Shipment Preliminary Determination
3. Use of Facts Otherwise Available
a. Use of Facts Available
b. Application of Facts Available With an Adverse Inference
c. Selection and Corroboration of Information Used as Facts
Available
4. Rate for Companies Not Selected for Individual Examination
E. Recommendation
[FR Doc. 2015-07844 Filed 4-3-15; 8:45 am]
BILLING CODE 3510-DS-P