Notice2024-03073
Brass Rod From India: Countervailing Duty Order
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
February 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing a countervailing duty order on brass rod from India.
Full Text
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<title>Federal Register, Volume 89 Issue 30 (Tuesday, February 13, 2024)</title>
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[Federal Register Volume 89, Number 30 (Tuesday, February 13, 2024)]
[Notices]
[Pages 10032-10034]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03073]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-916]
Brass Rod From India: Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing a countervailing duty order on
brass rod from India.
DATES: Applicable February 13, 2024.
FOR FURTHER INFORMATION CONTACT: Dusten Hom or Mary Kolberg, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5075 or (202) 482-1785,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on December 18, 2023, Commerce published in the
Federal Register its affirmative final determination in the
countervailing duty investigation of brass rod from India.\1\ On
February 1, 2024, the ITC notified Commerce of its final affirmative
determination that an industry in the United States is materially
injured by reason of subsidized imports of brass rod from India, within
the meaning of sections 705(b)(1)(A)(i) and 702(d) of the Act.\2\
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\1\ See Brass Rod from India: Final Affirmative Countervailing
Duty Determination, 88 FR 87407 (December 18, 2023).
\2\ See ITC's Letter, ``Notification of ITC Final
Determination,'' dated February 1, 2024 (ITC Notification).
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Scope of the Order
The product covered by this order is brass rod from India. For a
complete description of the scope of this order, see the appendix to
this notice.
Countervailing Duty Order
On February 1, 2024, in accordance with sections 705(b)(1)(A)(i)
and 705(d) of the Act, the ITC notified Commerce of its final
determination that an industry in the United States is materially
injured by reason of imports of brass rod from India.\3\ Therefore, in
accordance with 705(c)(2) and 706 of the Act, Commerce is issuing this
countervailing duty order. Because the ITC determined that imports of
brass rod from India are materially injuring a U.S. industry,
unliquidated entries of such merchandise from India entered, or
withdrawn from warehouse, for consumption are subject to the assessment
of countervailing duties.
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\3\ Id.
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Therefore, in accordance with section 706(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, countervailing duties on
all relevant entries of brass rod from India. Countervailing duties
will be assessed on unliquidated entries of brass rod from India which
are entered, or withdrawn from warehouse, for consumption on or after
September 29, 2023, the date of publication of the Preliminary
Determination,\4\ but will not be assessed on entries occurring after
the expiration of the provisional
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measures period and before publication of the ITC's final affirmative
injury determination, as further described in the ``Provisional
Measures'' section below.
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\4\ See Brass Rod from India: Preliminary Affirmative
Countervailing Duty Determination, 88 FR 67240 (September 29, 2023)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum.
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Suspension of Liquidation and Cash Deposits
In accordance with section 706 of the Act, Commerce will instruct
CBP to continue to suspend liquidation of all relevant entries of brass
rod from India, effective on the date of publication of the ITC's final
determination in the Federal Register. These instructions suspending
liquidation will remain in effect until further notice.
Commerce also intends, pursuant to section 706(a)(1) of the Act, to
instruct CBP to require cash deposits equal to the amounts as indicated
below. Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, CBP
will require, at the same time as importers would deposit estimated
normal customs duties on the subject merchandise, a cash deposit for
each entry of subject merchandise equal to the subsidy rates listed
below.\5\ The all-others rate applies to all producers or exporters not
specifically listed below, as appropriate.
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\5\ See section 706(a)(3) of the Act.
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Subsidy rate
Company (percent ad
valorem)
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Rajhans Metals Private Limited \6\........................ 2.24
All Others................................................ 2.24
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Provisional Measures
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\6\ As discussed in the Preliminary Decision Memorandum,
Commerce found the following company to the cross-owned with RMPL:
Rajhans Allowys Private Limited (RAPL). However, effective March 11,
2016, RAPL was amalgamated with RMPL, and since then, ceased to be a
separate entity.
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Section 703(d) of the Act states that suspension of liquidation
instructions issued pursuant to an affirmative preliminary
determination may not remain in effect for more than four months.
Commerce published its Preliminary Determination on September 29,
2023.\7\ Therefore, the provisional measures period, beginning on the
date of publication of the Preliminary Determination, ended on January
27, 2024. Pursuant to section 707(b) of the Act, the collection of cash
deposits at the rates listed above will begin on the date of
publication of the ITC's final affirmative injury determination.
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\7\ See Preliminary Determination.
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Therefore, in accordance with section 703(d) of the Act, we
instructed CBP to terminate the suspension of liquidation and to
liquidate without regard to countervailing duties, unliquidated entries
of brass rod from India entered, or withdrawn from warehouse, for
consumption on or after January 27, 2024, the date on which the
provisional measures expired, through the day preceding the date of
publication of the ITC's final injury determination in the Federal
Register. Suspension of liquidation will resume on the date of
publication of the ITC's final affirmative injury determination in the
Federal Register.
Establishment of the Annual Inquiry Service List
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\8\ On September 27, 2021, Commerce also published the
Procedural Guidance in the Federal Register.\9\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\10\
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\8\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\9\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\10\ Id.
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov/">https://access.trade.gov/</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \11\
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\11\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field, which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioners <SUP>12</SUP> and Foreign
Governments
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\12\ The petitioners are the American Brass Rod Fair Trade
Coalition and its members, Mueller Brass Co., and Wieland Chase LLC.
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In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \13\ Accordingly, as stated
above, the petitioner and the Government of India should submit its
initial entry of appearance after publication of this notice in order
to appear in the first annual inquiry service list for this order.
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Government of
India will not need to resubmit their entries of appearance each year
to continue to be included on the annual inquiry service list. However,
the petitioner and the Government of India are responsible for making
amendments to their entries of appearance during the annual update to
the annual inquiry service list in
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accordance with the procedures described above.
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\13\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the countervailing duty order with respect
to brass rod from India pursuant to section 706(a) of the Act.
Interested parties can find a list of duty orders currently in effect
at <a href="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>.
This CVD order is published in accordance with section 706(a) of
the Act and 19 CFR 351.211(b).
Dated: February 5, 2024.
Ryan Majerus
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order 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 this order 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 this order 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 this order 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 this order 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 order is
dispositive.
[FR Doc. 2024-03073 Filed 2-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 13, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.