Notice2023-22150
Brass Rod From Brazil, India, Israel, Mexico, South Africa, and South Korea; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
Primary source
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Published
October 5, 2023
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-686-688 and 731-TA-1612-1617 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of brass rod from Brazil, India, Israel, Mexico, South Africa, and South Korea, provided for in subheadings 7407.21.15, 7407.21.30, 7407.21.70, and 7407.21.90 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce ("Commerce") to be subsidized by the governments of India, Israel, and South Korea. The determinations with respect to imports of brass rod alleged to be sold at less-than-fair- value are pending.
Full Text
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<title>Federal Register, Volume 88 Issue 192 (Thursday, October 5, 2023)</title>
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[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69229-69230]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22150]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-686-688 and 731-TA-1612-1617 (Final)]
Brass Rod From Brazil, India, Israel, Mexico, South Africa, and
South Korea; Scheduling of the Final Phase of Countervailing Duty and
Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-686-688 and 731-TA-1612-1617 (Final) pursuant to the Tariff Act
of 1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of brass rod from Brazil, India, Israel,
Mexico, South Africa, and South Korea, provided for in subheadings
7407.21.15, 7407.21.30, 7407.21.70, and 7407.21.90 of the Harmonized
Tariff Schedule of the United States, preliminarily determined by the
Department of Commerce (``Commerce'') to be subsidized by the
governments of India, Israel, and South Korea. The determinations with
respect to imports of brass rod alleged to be sold at less-than-fair-
value are pending.
DATES: September 29, 2023.
FOR FURTHER INFORMATION CONTACT: Julie Duffy ((202) 708-2579), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``The products covered by these
investigations are brass rod and bar (brass rod), which is defined as
leaded, low-lead, and no-lead solid brass made from alloys such as, but
not limited to the following alloys classified under the Unified
Numbering System (UNS) as C27450, C27451, C27460, C34500, C35000,
C35300, C35330, C36000, C36300, C37000, C37700, C48500, C67300, C67600,
and C69300, and their international equivalents.
The brass rod subject to these investigations has an actual cross-
section or outside diameter greater than 0.25 inches but less than or
equal to 12 inches. Brass rod cross-sections may be round, hexagonal,
square, or octagonal shapes as well as special profiles (e.g., angles,
shapes), including hollow profiles.
Standard leaded brass rod covered by the scope contains, by weight,
57.0-65.0 percent copper; 0.5-3.0 percent lead; no more than 1.3
percent iron; and at least 15 percent zinc. No-lead or low-lead brass
rod covered by the scope contains by weight 59.0-76.0 percent copper;
0-1.5 percent lead; no more than 0.35 percent iron; and at least 15
percent zinc. Brass rod may also include other chemical elements (e.g.,
nickel, phosphorous, silicon, tin, etc.).
Brass rod may be in straight lengths or coils. Brass rod covered by
these investigations may be finished or unfinished, and may or may not
be heated, extruded, pickled, or cold-drawn. Brass rod may be produced
in accordance with ASTM B16, ASTM B124, ASTM B981, ASTM B371, ASTM
B453, ASTM B21, ASTM B138, and ASTM B927, but such conformity to an
ASTM standard is not required for the merchandise to be included within
the scope.
Excluded from the scope of these investigations is brass ingot,
which is a casting of unwrought metal unsuitable for conversion into
brass rod without remelting, that contains, by weight, at least 57.0
percent copper and 15.0 percent zinc.
The merchandise covered by these investigations is currently
classifiable under subheadings 7407.21.9000, 7407.21.7000, and
7407.21.1500 of the Harmonized Tariff Schedule of the United States
(HTSUS). Products subject to the scope may also enter under HTSUS
subheadings 7403.21.0000, 7407.21.3000, and 7407.21.5000. The HTSUS
subheadings and UNS alloy designations are provided for convenience and
customs purposes. The written description of the scope of the
investigations is dispositive.''
Background.--The final phase of these investigations is being
scheduled pursuant to section 731(b) of the Tariff Act of 1930 (19
U.S.C. 1673d(b)), as a result of affirmative preliminary determinations
by Commerce that certain benefits which constitute subsidies within the
meaning of Sec. 703 of the Act (19 U.S.C. 1671b) are being provided to
manufacturers, producers, or exporters in India, Israel, and South
Korea of brass rod. Commerce's preliminary determinations with respect
to imports of brass rod from Brazil, India, Israel, Mexico, South
Africa, and South Korea that are alleged to be sold in the United
States at less than fair value are pending.
[[Page 69230]]
The investigations were requested in petitions filed on April 27,
2023, by the American Brass Rod Fair Trade Coalition, Washington,
District of Columbia; Mueller Brass Co., Port Huron, Michigan; and
Wieland Chase LLC, Montpelier, Ohio.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on November
29, 2023, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Tuesday,
December 12, 2023. Requests to appear at the hearing should be filed in
writing with the Secretary to the Commission on or before Thursday,
December 7, 2023. Any requests to appear as a witness via
videoconference must be included with your request to appear. Requests
to appear via videoconference must include a statement explaining why
the witness cannot appear in person; the Chairman, or other person
designated to conduct the investigation, may in their discretion for
good cause shown, grant such a request. Requests to appear as remote
witness due to illness or a positive COVID-19 test result may be
submitted by 3pm the business day prior to the hearing. Further
information about participation in the hearing will be posted on the
Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on Monday,
December 11, 2023. Parties shall file and serve written testimony and
presentation slides in connection with their presentation at the
hearing by no later than 4:00 p.m. on Monday, December 11, 2023 (one
business day prior to hearing). Oral testimony and written materials to
be submitted at the public hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties
must submit any request to present a portion of their hearing testimony
in camera no later than 7 business days prior to the date of the
hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is December 6, 2023. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of Sec.
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is December 19, 2023. In addition, any person who has not
entered an appearance as a party to the investigations may submit a
written statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before December 19, 2023. On January 3, 2024, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before January 5, 2024, but such
final comments must not contain new factual information and must
otherwise comply with Sec. 207.30 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on Filing Procedures,
available on the Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the
Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: September 29, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-22150 Filed 10-4-23; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on October 5, 2023.
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