Notice2023-06922
Brass Sheet and Strip From France, Germany, Italy, and Japan: Continuation of 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
April 4, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders on brass sheet and strip from France, Germany, Italy, and Japan would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD orders.
Full Text
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<title>Federal Register, Volume 88 Issue 64 (Tuesday, April 4, 2023)</title>
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[Federal Register Volume 88, Number 64 (Tuesday, April 4, 2023)]
[Notices]
[Pages 19924-19925]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06922]
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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:
Continuation of Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) orders on brass sheet and
strip from France, Germany, Italy, and Japan would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, Commerce is publishing a notice of
continuation of the AD orders.
DATES: Applicable April 4, 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 January 9, 1987, Commerce published the AD orders on brass sheet
and strip from France, Germany, Italy, and Japan.\1\ On September 1,
2022, the ITC instituted,\2\ and Commerce initiated,\3\ the fifth
sunset review of the Orders, pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act). As a result of its review, Commerce
determined that a revocation of the Orders would likely lead to
continuation or recurrence of dumping and, therefore, notified the ITC
of the magnitude of the margins of dumping likely to prevail should the
Orders be revoked.\4\
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\1\ See Antidumping Duty Order; Brass Sheet and Strip from
France, 52 FR 6995 (March 6, 1987); Antidumping Duty Order; Brass
Sheet and Strip from the Federal Republic of Germany, 52 FR 6997
(March 6, 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 at 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); 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 Brass Sheet and Strip from France, Germany, Italy, and
Japan; Institution of Five-Year Reviews, 87 FR 53785 (September 1,
2022).
\3\ See Initiation of Five-Year (Sunset) Review, 87 FR 53727
(September 1, 2022).
\4\ See Brass Sheet and Strip from France, Germany, Italy, and
Japan: Final Results of the Expedited Fifth Sunset Review of the
Antidumping Duty Orders, 88 FR 56 (January 3, 2023).
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On March 29, 2023, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Brass Sheet and Strip from France, Germany, Italy, and
Japan, 88 FR 18586 (March 29, 2023).
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[[Page 19925]]
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 purposes, the written description of the scope of the Orders
remains dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or a
recurrence of dumping, as well as material injury to an industry in the
United States, pursuant to section 751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the continuation of the Orders. U.S.
Customs and Border Protection will continue to collect AD cash deposits
at the rates in effect at the time of entry for all imports of subject
merchandise.
The effective date of the continuation of the Orders will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year review
of the Orders not later than 30 days prior to the fifth anniversary of
the effective date of continuation.
Administrative Protective Order
This notice also 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(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 is a violation
of the APO which may be subject to sanctions.
Notification to Interested Parties
This five-year sunset review and this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act and published in accordance
with section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: March 29, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-06922 Filed 4-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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