Brass Sheet and Strip from Germany; Preliminary Results of the Sunset Review of Antidumping Duty Order, 62093-62094 [E5-5987]

Download as PDF Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Notices Contracting Activity: Directorate of Contracting, West Point, New York. Sheryl D. Kennerly, Director, Information Management. [FR Doc. E5–5977 Filed 10–27–05; 8:45 am] BILLING CODE 6353–01–P DEPARTMENT OF COMMERCE International Trade Administration [A–428–602] Brass Sheet and Strip from Germany; Preliminary Results of the Sunset Review of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 1, 2005, the Department of Commerce (‘‘the Department’’) initiated a sunset review of the antidumping duty order on brass sheet and strip from Germany. On the basis of the notice of intent to participate, adequate substantive responses and rebuttal comments filed on behalf of the domestic and respondent interested parties, the Department is conducting a full sunset review of the antidumping duty order pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’) and section 351.218(e)(2)(i) of the Department’s regulations. As a result of this sunset review, the Department preliminarily finds that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping at the levels listed below in the section entitled ‘‘Preliminary Results of Review.’’ EFFECTIVE DATE: October 28, 2005. FOR FURTHER INFORMATION CONTACT: Audrey R. Twyman, Brandon Farlander, or David Goldberger, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC, 20230; telephone: 202–482–3534, 202–482– 0182, and 202–482–4136, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 1, 2005, the Department published its notice of initiation of the second sunset review of the antidumping duty order on brass sheet and strip from Germany, in accordance with section 751(c) of the Act. See Initiation of Five-year (‘‘Sunset’’) Reviews, 70 FR 16800 (April 1, 2005) (‘‘Notice of Initiation’’). The Department received Notices of Intent to Participate on behalf of Heyco VerDate Aug<31>2005 18:15 Oct 27, 2005 Jkt 208001 Metals, Inc., Olin Corporation - Brass Group, Outokumpu American Brass, PMX Industries, Inc., Revere Copper Products, Inc., Scott Brass, International Association of Machinist and Aerospace Workers, United Auto Workers (Local 2367 and Local 1024), and United Steelworkers of America AFL–CIO/CLC (collectively ‘‘the domestic interested parties’’), within the deadline specified in section 351.218(d)(1)(i) of the Department’s regulations (‘‘Sunset Regulations’’). The domestic interested parties claimed interested party status under sections 771(9)(C) and (D) of the Act, as manufacturers of a domestic–like product in the United States, and unions whose workers are engaged in the production of a domestic–like product in the United States. The Department received a complete substantive response to the notice of initiation from the domestic interested parties within the 30-day deadline specified in the Department’s regulations under section 351.218(d)(3)(i). The Department received a complete substantive response from respondent interested parties, Wieland–Werke AG (‘‘Wieland’’), Prymetall Gmbh & Co. KG (‘‘Prymetall’’), and Schwermetall Halbzeugwerk GmbH & Co. KG (‘‘Schwermetall’’) (collectively ‘‘the respondent interested parties’’), within the deadline specified in section 351.218(d)(3)(i) of the Department’s regulations. On May 4, 2005, the Department received a request from domestic interested parties for an extension of the deadline for filing rebuttal comments to the substantive response of the respondent interested parties. Pursuant to section 351.302(b) of the Department’s regulations, domestic and respondent parties were granted an extension to file rebuttal comments to the substantive responses until May 13, 2005. On May 17, 2005, the Department received an objection to domestic interested parties’ rebuttal comments. On May 24, 2005, the Department initially determined that respondent interested parties did not account for more than 50 percent of exports by volume of the subject merchandise and, therefore, did not submit an adequate substantive response to the Department’s Notice of Initiation. See Memorandum to Ronald Lorentzen, Acting Director, Office of Policy, from Kelly Parkhill entitled, ‘‘Adequacy Determination: Sunset Review of the Antidumping Duty Order on Brass Sheet and Strip from Germany,’’ (May 24, 2005). On June 13, 2005, the Department extended the deadline for comments and rebuttals on its adequacy PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 62093 determination to June 20 and June 27 respectively. On June 10 and 20, 2005, the Department received comments from domestic interested parties concerning the Department’s adequacy determination. On June 20, 2005, the Department received comments from respondent interested parties concerning the Department’s adequacy determination. On June 27, 2005, the Department received rebuttal comments from domestic interested parties concerning the Department’s adequacy determination. On July 27, 2005, the Department published a notice of extension of time limits for its final results of expedited review until on or about October 18, 2005. See Brass Sheet and Strip from Germany, Brazil, and France: Extension of Final Results of Expedited Sunset Reviews of the Antidumping and Countervailing Duty Orders, 70 FR 43395 (July 27, 2005). Section 351.218(e)(1)(ii)(A) of the Department’s regulations provides that the Secretary normally will conclude that respondent interested parties have provided adequate response to a notice of initiation where the Department receives complete substantive responses from respondent interested parties accounting on average for more than 50 percent, by volume, or value basis, if appropriate, of the total exports of the subject merchandise to the United States over the five calendar years preceding the year of publication of the notice of initiation. On August 12, 2005, the Department reversed its initial adequacy determination and found that the respondent interested parties accounted for more than 50 percent of exports by volume of the subject merchandise from Germany to the United States. See Memorandum to Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration, from Susan H. Kuhbach entitled, ‘‘Adequacy Determination in Antidumping Duty Sunset Review of Brass Sheet and Strip from Germany,’’ (August 12, 2005). In accordance with section 351.218(e)(2)(i) of the Department’s regulations, the Department determined to conduct a full sunset review of this antidumping duty order. The final results in the full sunset review of this antidumping duty order are scheduled on or before February 27, 2006. Scope of the Order The product covered by this order is brass sheet and strip, other than leaded and tinned. The chemical composition of the covered product is currently defined in the Copper Development E:\FR\FM\28OCN1.SGM 28OCN1 62094 Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Notices Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of All Others ...................... 7.30 Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; Any interested party may request a telephone: (202) 482–2924 and (202) hearing within 30 days of publication of 482–0649, respectively. this notice in accordance with 19 CFR SUPPLEMENTARY INFORMATION: 351.310(c). Interested parties may Background submit case briefs no later than 30 days after the date of publication of this On August 3, 2005, the Department notice, in accordance with 19 CFR published its preliminary results of new 351.309(c)(1)(i). Rebuttal briefs, which shipper review of certain forged must be limited to issues raised in the stainless steel flanges from India. See case briefs, may be filed no later than 5 Certain Forged Stainless Steel Flanges days after the case briefs, in accordance from India; Preliminary Results of New with 19 CFR 351.309(d)(1). Any hearing, Shipper Review, 70 FR 44560 (August 3, if requested, will be held two days after 2005). No party submitted comments on rebuttal briefs are due, in accordance the preliminary results. with 19 CFR 351.310(d)(1). The Period of Review Department will issue a notice of final results of this sunset review, which will The period of review (POR) is include the results of its analysis of February 1, 2004, through July 31, 2004. issues raised in any such briefs, no later Scope of the Review Analysis of Comments Received than February 27, 2006. The products covered by this order This five-year (‘‘sunset’’) review and All issues raised in this sunset review are certain forged stainless steel flanges, notice are in accordance with sections are addressed in the ‘‘Issues and both finished and not finished, 751(c), 752,and 777(i)(1) of the Act. Decision Memorandum for the Sunset generally manufactured to specification Review of the Antidumping Duty Order Dated: October 17, 2005. ASTM A–182, and made in alloys such on Brass Sheet and Strip from Germany; Joseph A. Spetrini, as 304, 304L, 316, and 316L. The scope Preliminary Results,’’ from Gary Acting Assistant Secretaryfor Import includes five general types of flanges. Taverman, Acting Deputy Assistant Administration. They are weld–neck, used for butt–weld Secretary for Import Administration, to [FR Doc. E5–5987 Filed 10–27–05; 8:45 am] line connection; threaded, used for Joseph A. Spetrini, Acting Assistant BILLING CODE 3510–DS–S threaded line connections; slip–on and Secretary for Import Administration, lap joint, used with stub–ends/butt– dated October 18, 2005 (‘‘Decision weld line connections; socket weld, Memo’’), which is hereby adopted by DEPARTMENT OF COMMERCE used to fit pipe into a machined this notice. The issues discussed in the recession; and blind, used to seal off a Decision Memo include the likelihood International Trade Administration line. The sizes of the flanges within the of continuation or recurrence of A–533–809 scope range generally from one to six dumping and the magnitude of the inches; however, all sizes of the above– margin likely to prevail if the Certain Forged Stainless Steel Flanges described merchandise are included in antidumping duty order were revoked. from India; Final Results of New the scope. Specifically excluded from Parties can find a complete discussion Shipper Review the scope of this order are cast stainless of all issues raised in this sunset review steel flanges. Cast stainless steel flanges AGENCY: Import Administration, and the corresponding generally are manufactured to International Trade Administration, recommendations in this public memo, specification ASTM A–351. The flanges Department of Commerce. which is on file in room B–099 of the subject to this order are currently main Department Building. In addition, SUMMARY: On August 3, 2005, the classifiable under subheadings Department of Commerce (the a complete version of the Decision 7307.21.1000 and 7307.21.5000 of the Department) published the preliminary Memo can be accessed directly on the results of new shipper review of certain Harmonized Tariff Schedule (HTS). Web at https://ia.ita.doc.gov/frn, under forged stainless steel flanges from India. Although the HTS subheading is the heading ‘‘October 2005.’’ The paper provided for convenience and customs The review covers one manufacturer/ copy and electronic version of the purposes, the written description of the Decision Memo are identical in content. exporter, Hilton Forge (Hilton). merchandise under review is dispositive Although interested parties had an Preliminary Results of Review of whether or not the merchandise is opportunity to comment on our covered by the scope of the order. The Department preliminarily preliminary results, we received no determines that revocation of the comments. The Department has not Final Results of Review antidumping duty order on brass sheet made any changes in its analysis We determine that a margin of 0.89 and strip from Germany is likely to lead following publication of the preliminary percent exists for Hilton for the period to continuation or recurrence of results. Therefore, the final results of February 1, 2004, through July 31, dumping at the following weighted– review are unchanged from those 2004. average margins: presented in the preliminary results of review. Assessment Manufacturers/ProWeighted–Average EFFECTIVE DATE: October 28, 2005. The Department will determine, and ducers/Exporters Margin (Percent) FOR FURTHER INFORMATION CONTACT: Fred the U.S. Customs and Border Protection Wieland–Werke AG ...... 3.81 Baker or Robert James, AD/CVD (CBP) shall assess, antidumping duties Association (‘‘C.D.A.’’) 200 Series or the Unified Numbering System (‘‘U.N.S.’’) C2000. This order does not cover products with chemical compositions that are defined by anything other than either the C.D.A. or U.N.S. series. In physical dimensions, the product covered by this order has a solid rectangular cross section over 0.0006 inches (0.15 millimeters) through 0.1888 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. The HTSUS numbers are provided for convenience and customs purposes. The written description of the scope of this order remains dispositive. VerDate Aug<31>2005 18:15 Oct 27, 2005 Jkt 208001 PO 00000 Manufacturers/Producers/Exporters Frm 00005 Fmt 4703 Weighted–Average Margin (Percent) Sfmt 4703 E:\FR\FM\28OCN1.SGM 28OCN1

Agencies

[Federal Register Volume 70, Number 208 (Friday, October 28, 2005)]
[Notices]
[Pages 62093-62094]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5987]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-602]


Brass Sheet and Strip from Germany; Preliminary Results of the 
Sunset Review of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 1, 2005, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on brass sheet and strip from Germany. On the basis of the notice of 
intent to participate, adequate substantive responses and rebuttal 
comments filed on behalf of the domestic and respondent interested 
parties, the Department is conducting a full sunset review of the 
antidumping duty order pursuant to section 751(c) of the Tariff Act of 
1930, as amended (``the Act'') and section 351.218(e)(2)(i) of the 
Department's regulations. As a result of this sunset review, the 
Department preliminarily finds that revocation of the antidumping duty 
order would likely lead to continuation or recurrence of dumping at the 
levels listed below in the section entitled ``Preliminary Results of 
Review.''

EFFECTIVE DATE: October 28, 2005.

FOR FURTHER INFORMATION CONTACT: Audrey R. Twyman, Brandon Farlander, 
or David Goldberger, AD/CVD Operations, Office 1, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14\th\ Street & Constitution Avenue, NW., Washington, DC, 
20230; telephone: 202-482-3534, 202-482-0182, and 202-482-4136, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2005, the Department published its notice of initiation 
of the second sunset review of the antidumping duty order on brass 
sheet and strip from Germany, in accordance with section 751(c) of the 
Act. See Initiation of Five-year (``Sunset'') Reviews, 70 FR 16800 
(April 1, 2005) (``Notice of Initiation'').
    The Department received Notices of Intent to Participate on behalf 
of Heyco Metals, Inc., Olin Corporation - Brass Group, Outokumpu 
American Brass, PMX Industries, Inc., Revere Copper Products, Inc., 
Scott Brass, International Association of Machinist and Aerospace 
Workers, United Auto Workers (Local 2367 and Local 1024), and United 
Steelworkers of America AFL-CIO/CLC (collectively ``the domestic 
interested parties''), within the deadline specified in section 
351.218(d)(1)(i) of the Department's regulations (``Sunset 
Regulations''). The domestic interested parties claimed interested 
party status under sections 771(9)(C) and (D) of the Act, as 
manufacturers of a domestic-like product in the United States, and 
unions whose workers are engaged in the production of a domestic-like 
product in the United States.
    The Department received a complete substantive response to the 
notice of initiation from the domestic interested parties within the 
30-day deadline specified in the Department's regulations under section 
351.218(d)(3)(i). The Department received a complete substantive 
response from respondent interested parties, Wieland-Werke AG 
(``Wieland''), Prymetall Gmbh & Co. KG (``Prymetall''), and 
Schwermetall Halbzeugwerk GmbH & Co. KG (``Schwermetall'') 
(collectively ``the respondent interested parties''), within the 
deadline specified in section 351.218(d)(3)(i) of the Department's 
regulations.
    On May 4, 2005, the Department received a request from domestic 
interested parties for an extension of the deadline for filing rebuttal 
comments to the substantive response of the respondent interested 
parties. Pursuant to section 351.302(b) of the Department's 
regulations, domestic and respondent parties were granted an extension 
to file rebuttal comments to the substantive responses until May 13, 
2005. On May 17, 2005, the Department received an objection to domestic 
interested parties' rebuttal comments.
    On May 24, 2005, the Department initially determined that 
respondent interested parties did not account for more than 50 percent 
of exports by volume of the subject merchandise and, therefore, did not 
submit an adequate substantive response to the Department's Notice of 
Initiation. See Memorandum to Ronald Lorentzen, Acting Director, Office 
of Policy, from Kelly Parkhill entitled, ``Adequacy Determination: 
Sunset Review of the Antidumping Duty Order on Brass Sheet and Strip 
from Germany,'' (May 24, 2005). On June 13, 2005, the Department 
extended the deadline for comments and rebuttals on its adequacy 
determination to June 20 and June 27 respectively. On June 10 and 20, 
2005, the Department received comments from domestic interested parties 
concerning the Department's adequacy determination. On June 20, 2005, 
the Department received comments from respondent interested parties 
concerning the Department's adequacy determination. On June 27, 2005, 
the Department received rebuttal comments from domestic interested 
parties concerning the Department's adequacy determination.
    On July 27, 2005, the Department published a notice of extension of 
time limits for its final results of expedited review until on or about 
October 18, 2005. See Brass Sheet and Strip from Germany, Brazil, and 
France: Extension of Final Results of Expedited Sunset Reviews of the 
Antidumping and Countervailing Duty Orders, 70 FR 43395 (July 27, 
2005).
    Section 351.218(e)(1)(ii)(A) of the Department's regulations 
provides that the Secretary normally will conclude that respondent 
interested parties have provided adequate response to a notice of 
initiation where the Department receives complete substantive responses 
from respondent interested parties accounting on average for more than 
50 percent, by volume, or value basis, if appropriate, of the total 
exports of the subject merchandise to the United States over the five 
calendar years preceding the year of publication of the notice of 
initiation. On August 12, 2005, the Department reversed its initial 
adequacy determination and found that the respondent interested parties 
accounted for more than 50 percent of exports by volume of the subject 
merchandise from Germany to the United States. See Memorandum to 
Barbara E. Tillman, Acting Deputy Assistant Secretary for Import 
Administration, from Susan H. Kuhbach entitled, ``Adequacy 
Determination in Antidumping Duty Sunset Review of Brass Sheet and 
Strip from Germany,'' (August 12, 2005). In accordance with section 
351.218(e)(2)(i) of the Department's regulations, the Department 
determined to conduct a full sunset review of this antidumping duty 
order.
    The final results in the full sunset review of this antidumping 
duty order are scheduled on or before February 27, 2006.

Scope of the Order

    The product covered by this order is brass sheet and strip, other 
than leaded and tinned. The chemical composition of the covered product 
is currently defined in the Copper Development

[[Page 62094]]

Association (``C.D.A.'') 200 Series or the Unified Numbering System 
(``U.N.S.'') C2000. This order does not cover products with chemical 
compositions that are defined by anything other than either the C.D.A. 
or U.N.S. series. In physical dimensions, the product covered by this 
order has a solid rectangular cross section over 0.0006 inches (0.15 
millimeters) through 0.1888 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. 
The HTSUS numbers are provided for convenience and customs purposes. 
The written description of the scope of this order remains dispositive.

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the 
``Issues and Decision Memorandum for the Sunset Review of the 
Antidumping Duty Order on Brass Sheet and Strip from Germany; 
Preliminary Results,'' from Gary Taverman, Acting Deputy Assistant 
Secretary for Import Administration, to Joseph A. Spetrini, Acting 
Assistant Secretary for Import Administration, dated October 18, 2005 
(``Decision Memo''), which is hereby adopted by this notice. The issues 
discussed in the Decision Memo include the likelihood of continuation 
or recurrence of dumping and the magnitude of the margin likely to 
prevail if the antidumping duty order were revoked. Parties can find a 
complete discussion of all issues raised in this sunset review and the 
corresponding recommendations in this public memo, which is on file in 
room B-099 of the main Department Building. In addition, a complete 
version of the Decision Memo can be accessed directly on the Web at 
https://ia.ita.doc.gov/frn, under the heading ``October 2005.'' The 
paper copy and electronic version of the Decision Memo are identical in 
content.

Preliminary Results of Review

    The Department preliminarily determines that revocation of the 
antidumping duty order on brass sheet and strip from Germany is likely 
to lead to continuation or recurrence of dumping at the following 
weighted-average margins:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Producers/Exporters            Margin (Percent)
------------------------------------------------------------------------
Wieland-Werke AG....................................                3.81
All Others..........................................                7.30
------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310(c). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of this notice, in accordance with 19 CFR 
351.309(c)(1)(i). Rebuttal briefs, which must be limited to issues 
raised in the case briefs, may be filed no later than 5 days after the 
case briefs, in accordance with 19 CFR 351.309(d)(1). Any hearing, if 
requested, will be held two days after rebuttal briefs are due, in 
accordance with 19 CFR 351.310(d)(1). The Department will issue a 
notice of final results of this sunset review, which will include the 
results of its analysis of issues raised in any such briefs, no later 
than February 27, 2006.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752,and 777(i)(1) of the Act.

    Dated: October 17, 2005.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-5987 Filed 10-27-05; 8:45 am]
BILLING CODE 3510-DS-S

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