Notice2022-28475
Brass Sheet and Strip From France, Germany, Italy, and Japan: Final Results of the Expedited Fifth Sunset Review of the Antidumping Duty Orders
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 3, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of these expedited sunset reviews, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) orders on brass sheet and strip from France, Germany, Italy and Japan would be likely to lead to continuation or recurrence of dumping at the levels indicated in the "Final Results of Reviews" section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 1 (Tuesday, January 3, 2023)</title>
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[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Notices]
[Pages 56-58]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28475]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-602, A-428-602, A-475-601, A-588-704]
Brass Sheet and Strip From France, Germany, Italy, and Japan:
Final Results of the Expedited Fifth Sunset Review of the Antidumping
Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited sunset reviews, the U.S.
Department of Commerce (Commerce) finds that revocation of the
antidumping duty (AD) orders on brass sheet and strip from France,
Germany, Italy and Japan would be likely to lead to continuation or
recurrence of dumping at the levels indicated in the ``Final Results of
Reviews'' section of this notice.
DATES: Applicable January 3, 2023.
FOR FURTHER INFORMATION CONTACT: Whitley Herndon, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202)-482-6274.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 2022, Commerce published the notice of initiation
of the fifth sunset review of the AD orders on brass sheet and strip
from France,
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Germany, Italy, and Japan \1\ pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).\2\
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\1\ See Antidumping Order: Brass Sheet and Strip from France, 52
FR 6995 (March 6, 1987); Final Determination of Sales at Less Than
Fair Value and Amendment to Antidumping Duty Order: Brass Sheet and
Strip from the Federal Republic of Germany, 52 FR 35750 (September
23, 1987), amended in Final Determination of Sales at Less Than Fair
Value and Amendment to Antidumping Duty Order: Brass Sheet and Strip
from the Federal Republic of Germany, 52 FR 35750 (September 23,
1987); Antidumping Duty Order: Brass Sheet and Strip from Italy, 52
FR 6997 (March 6, 1987), amended in Amendment to Final Determination
of Sales of Less Than Fair Value and Amendment of Antidumping Duty
Order in Accordance with Decision Upon Remand: Brass Sheet and Strip
from Italy, 56 FR 23272 (May 21, 1991) (Italy Amended Order); and
Antidumping Duty Order of Sales at Less than Fair Value: Brass Sheet
and Strip from Japan, 53 FR 30454 (August 12, 1988) (collectively,
Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 53727
(September 1, 2022) (Notice of Initiation).
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On September 16, 2022, Aurubis Buffalo, Inc., Heyco Metals, Inc.,
PMX Industries Inc., and Wieland Holdings Inc. (collectively, the
domestic interested parties) notified Commerce of their intent to
participate within the 15-day period specified in 19 CFR
351.218(d)(1)(i).\3\ The domestic interested parties claimed interested
party status under section 771(9)(C) of the Act as producers of
domestic like product in the United States.
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\3\ See Domestic Interested Parties' Letters, ``Five-Year
(``Sunset'') Review of Antidumping Duty Order on Brass Sheet and
Strip from France--Notice of Intent to Participate,'' dated
September 16, 2022; ``Five-Year (``Sunset'') Review of Antidumping
Duty Order on Brass Sheet and Strip from France--Amendment to Notice
of Intent to Participate,'' dated September 29, 2022; ``Five-Year
(``Sunset'') Review of Antidumping Duty Order on Brass Sheet and
Strip from Germany--Notice of Intent to Participate,'' dated
September 16, 2022; ``Five-Year (``Sunset'') Review of Antidumping
Duty Order on Brass Sheet and Strip from Germany--Amendment to
Notice of Intent to Participate,'' dated September 29, 2022; ``Five-
Year (``Sunset'') Review of Antidumping Duty Order on Brass Sheet
and Strip From Italy--Notice of Intent to Participate,'' dated
September 16, 2022; ``Five-Year (``Sunset'') Review of Antidumping
Duty Order on Brass Sheet and Strip from Italy--Amendment to Notice
of Intent to Participate,'' dated September 29, 2022; ``Five-Year
(``Sunset'') Review of Antidumping Duty Order on Brass Sheet and
Strip from Japan--Notice of Intent to Participate,'' dated September
16, 2022; and ``Five-Year (``Sunset'') Review of Antidumping Duty
Order on Brass Sheet and Strip from Japan--Amendment to Notice of
Intent to Participate,'' dated September 29, 2022.
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On October 3, 2022, Commerce received complete substantive
responses to the Notice of Initiation with respect to the Orders from
the domestic interested parties within the 30-day period specified in
19 CFR 351.218(d)(3)(i).\4\ Commerce did not receive a substantive
response from any other interested parties with respect to the Orders
covered by these sunset reviews. On October 25, 2022, Commerce notified
the U.S. International Trade Commission that it did not receive an
adequate substantive response from respondent interested parties in any
of these sunset reviews.\5\ As a result, pursuant to section
751(c)(3)(8) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce
conducted expedited (120-day) sunset reviews of the Orders.
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\4\ See Domestic Interested Parties' Letters, ``Fifth Sunset
Review of the Antidumping Duty Order on Brass Sheet and Strip from
France: Substantive Response to Notice of Initiation,'' dated
October 3, 2022; ``Fifth Sunset Review of the Antidumping Duty Order
on Brass Sheet and Strip from Germany: Substantive Response to
Notice of Initiation,'' dated October 3, 2022; ``Fifth Sunset Review
of the Antidumping Duty Order on Brass Sheet and Strip from Italy:
Substantive Response to Notice of Initiation,'' dated October 3,
2022; and ``Fifth Sunset Review of the Antidumping Duty Order on
Brass Sheet and Strip Shrimp from Japan: Substantive Response to
Notice of Initiation,'' dated October 3, 2022.
\5\ See Commerce's Letter, ``Sunset Reviews Initiated on
September 1, 2022,'' dated October 25, 2022.
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Scope of the Orders
The scope of the Orders is brass sheet and strip from France,
Germany, Italy, and Japan. For a complete description of the scope of
the Orders, see Appendix II to this notice.
Analysis of Comments Received
A complete discussion of all issues raised in these sunset reviews
is provided in the accompanying Issues and Decision Memorandum.\6\ A
list of the issues discussed in the Issues and Decision Memorandum is
attached at Appendix I 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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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited Fifth Sunset Reviews of the
Antidumping Duty Orders on Brass Sheet and Strip from France,
Germany, Italy, and Japan,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Orders would likely lead to
a continuation or recurrence of dumping and that the magnitude of the
dumping margins likely to prevail would be weighted-average margins up
to 42.24 percent for France, up to 55.60 percent for Germany, up to
22.00 percent for Italy, and up to 57.98 percent for Japan.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305. Timely 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.
Notification to Interested Parties
We are issuing and publishing the results in accordance with
sections 751(c), 752(c), and 771(i)(1) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2).
Dated: December 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. History of the Orders
IV. Legal Framework
V. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margins of Dumping Likely to Prevail
VI. Final Results of Sunset Reviews
VII. Recommendation
Appendix II
Scope of the Orders
The product covered by the Orders is brass sheet and strip,
other than leaded and tinned brass sheet and strip, from France,
Germany, Italy, and Japan. The chemical composition of the covered
product is currently defined in the Copper Development Association
(``C.D.A.'') 200 Series or the Unified Numbering System (``U.N.S.'')
C2000.
The Orders do not cover products the chemical compositions of
which are defined by other C.D.A. or U.N.S. series. In physical
dimensions, the product covered by the Orders has 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 Harmonized Tariff
Schedule of the United States (``HTSUS'') item numbers 7409.21.00
and 7409.29.00.
Although the HTSUS item numbers are provided for convenience and
customs
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purposes, the written description of the scope of the Orders remains
dispositive.
[FR Doc. 2022-28475 Filed 12-30-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 3, 2023.
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