Final Results of Expedited Sunset Review: Brass Sheet and Strip from Brazil, 67139-67140 [E5-6129]

Download as PDF Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Notices de jure and de facto absence of government control over the company’s export activities. Accordingly, we will issue questionnaires to Xuzhou Jinjiang and Xiping Opeck, including a separate rates section. The reviews will proceed if the responses provide sufficient indication that Xuzhou Jinjiang and Xiping Opeck are not subject to either de jure or de facto government control with respect to their exports of freshwater crawfish tail meat. However, if the exporter does not demonstrate the company’s eligibility for a separate rate, then the company will be deemed not separate from the PRC–wide entity, which exported during the POI. An exporter unable to demonstrate the company’s eligibility for a separate rate would hence not meet the requirements of CFR 351.214(b)(2)(i) and its new shipper review will be rescinded. See, Notice of Preliminary Results of Antidumping Duty New Shipper Review and Rescission of New Shipper Reviews: Freshwater Crawfish Tail Meat from the People’s Republic of China, 69 FR 53669 (September 2, 2004) and Brake Rotors From the People’s Republic of China: Rescission of Second New Shipper Review and Final Results and Partial Rescission of First Antidumping Duty Administrative Review, 64 FR 61581 (November 12, 1999). In accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e), we will instruct CBP to allow, at the option of the importer, the posting, until the completion of the review, of a single entry bond or security in lieu of a cash deposit for certain entries of the merchandise exported by either Xuzhou Jinjiang or Xiping Opeck. We will apply the bonding option under 19 CFR 351.107(b)(1)(i) only to entries from these two exporters for which they are also the producers. Interested parties that need access to proprietary information in these new shipper reviews should submit applications for disclosure under administrative protective orders in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.214(d). Dated: October 31, 2005. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E5–6128 Filed 11–3–05; 8:45 am] BILLING CODE 3510–DS–S VerDate Aug<31>2005 22:35 Nov 03, 2005 Jkt 208001 DEPARTMENT OF COMMERCE International Trade Administration (C–351–604) Final Results of Expedited Sunset Review: Brass Sheet and Strip from Brazil 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 countervailing duty order (‘‘CVD’’) on brass sheet and strip from Brazil pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of the domestic interested parties and inadequate response from respondent interested parties (in this case, no response), the Department determined to conduct an expedited sunset review of this CVD order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of this sunset review, the Department finds that revocation of the CVD order would be likely to lead to continuation or recurrence of a countervailable subsidy at the level indicated in the ‘‘Final Results of Review’’ section of this notice. AGENCY: EFFECTIVE DATE: November 4, 2005. FOR FURTHER INFORMATION CONTACT: Tipten Troidl or David Goldberger, AD/ CVD Enforcement, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1767 or (202) 482– 4136, respectively. SUPPLEMENTARY INFORMATION: Background On April 1, 2005, the Department initiated a sunset review of the CVD order on brass sheet and strip from Brazil pursuant to section 751(c) of the Act. See Notice of Initiation of Five-year (‘‘Sunset’’) Reviews, 70 FR 16800 (April 1, 2005). The Department received a notice of intent to participate from the following domestic interested parties: Heyco Metals, Inc. (‘‘Heyco’’); Olin Corporation–Brass Group (‘‘Olin’’); Outokumpu American Brass (‘‘Outokumpu’’); PMX Industries, Inc. (‘‘PMX’’); Revere Copper Products, Inc. (‘‘Revere’’); Scott Brass (‘‘Scott’’); the International Association of Machinists and Aerospace Workers; the United Auto Workers (Local 2367 and Local PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 67139 1024); and the United Steelworkers of America (AFL/CIO–CLC) (hereinafter, collectively ‘‘domestic interested parties’’), within the deadline specified in 19 CFR 351.218(d)(1)(i). The domestic interested parties claimed interested party status under sections 771(9)(C) and (D) of the Act, as domestic brass mills, rerollers, and unions engaged in the production of brass sheet and strip in the United States. The Department received a complete substantive response collectively from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). However, the Department did not receive a substantive response from any government or respondent interested party to this proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited review of this CVD order. Scope of the Order The merchandise subject to this CVD order is coiled, wound–on-reels (traverse wound), and cut–to-length brass sheet and strip (not leaded or tinned) from Brazil. The subject merchandise has, regardless of width, a solid rectangular cross section over 0.0006 inches (0.15 millimeters) through 0.1888 inches (4.8 millimeters) in finished thickness or gauge. The chemical composition of the covered products is defined in the Copper Development 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 C.D.A. or U.N.S. series. The merchandise is currently classified under Harmonized Tariff Schedule (‘‘HTS’’) item numbers 7409.21.00 and 7409.29.00. The HTS item numbers are provided for convenience and customs purposes. The written description remains dispositive. Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum (‘‘Decision Memorandum’’) from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, dated October 28, 2005, which is hereby adopted by this notice. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendation in this public memorandum which is on file in the Central Records Unit room B– 099 of the main Commerce building. In addition, a complete version of the E:\FR\FM\04NON1.SGM 04NON1 67140 Federal Register / Vol. 70, No. 213 / Friday, November 4, 2005 / Notices Decision Memorandum can be accessed directly on the Web at https:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memorandum are identical in content. Final Results of Review The Department determines that revocation of the CVD order would be likely to lead to continuation or recurrence of a countervailable subsidy. However, as a result of termination of all known countervailable programs, the Department is unable to determine the net countervailable subsidy likely to prevail. Notification Regarding Administrative Protective Order This notice serves as the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing the results and notice are in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: October 28, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–6129 Filed 11–3–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (C–122–815) Final Results of Expedited Sunset Reviews of the Countervailing Duty Orders: Pure Magnesium and Alloy Magnesium from Canada Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 1, 2005, the Department of Commerce (‘‘the Department’’) initiated sunset reviews of the countervailing duty (‘‘CVD’’) orders on pure magnesium and alloy magnesium from Canada pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five-year (‘‘Sunset’’) Reviews, 70 FR 38101 (July 1, 2005). On the basis of a notice of intent to participate and an adequate substantive response filed on AGENCY: VerDate Aug<31>2005 22:35 Nov 03, 2005 Jkt 208001 behalf of the domestic interested party and an inadequate response from respondent interested parties, the Department determined to conduct expedited sunset reviews of these CVD orders pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C). As a result of these sunset reviews, the Department finds that revocation of the CVD orders would likely lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the ‘‘Final Results of Reviews’’ section of this notice. EFFECTIVE DATE: November 4, 2005. FOR FURTHER INFORMATION CONTACT: Andrew McAllister or Devta Ohri, AD/ CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, D.C. 20230; telephone: (202) 482–1174 or (202) 482– 3853, respectively. SUPPLEMENTARY INFORMATION: Background On July 1, 2005, the Department initiated sunset reviews of the CVD orders on pure magnesium and alloy magnesium from Canada pursuant to section 751(c) of the Act. See Initiation of Five-year (‘‘Sunset’’) Reviews, 70 FR 38101 (July 1, 2005). The Department received a notice of intent to participate from the domestic industry (US Magnesium LLC) and the Government of Quebec (‘‘GOQ’’), within the deadline specified in 19 CFR 351.218(d)(1)(i). US Magnesium LLC (‘‘US Magnesium’’) claimed interested party status under section 771(9)(C) of the Act, while the GOQ claimed interested party status under section 771(9)(B) of the Act. The Department received complete substantive responses from US Magnesium and the GOQ on August 1, 2005, within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). On August 5, 2005, the Department extended the due date for parties to submit rebuttal comments to August 12, 2005. On August 12, 2005, US Magnesium and the GOQ filed rebuttal comments. On August 22, 2005, the Department, in its adequacy determination, stated that because a government response alone is not sufficient for full sunset reviews in which the orders are not1 done on an aggregate basis, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), we are conducting expedited reviews of these CVD orders. See Memorandum from 1 The August 22, 2005, memo inadvertently omitted the word ‘‘not’’ which has been added to the phrase in this document. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Susan Kuhbach to Barbara E. Tillman: Adequacy Determination: 2nd Sunset Review of the Countervailing Duty Orders on Pure Magnesium and Alloy Magnesium from Canada, dated August 22, 2005, which is on file in the Central Records Unit, Room B–099 of the main Department building. Scope of the Orders The products covered by these orders are shipments of pure and alloy magnesium from Canada. Pure magnesium contains at least 99.8 percent magnesium by weight and is sold in various slab and ingot forms and sizes. Magnesium alloys contain less than 99.8 percent magnesium by weight with magnesium being the largest metallic element in the alloy by weight, and are sold in various ingot and billet forms and sizes. The pure and alloy magnesium subject to the orders is currently classifiable under items 8104.11.0000 and 8104.19.0000, respectively, of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and customs purposes, the written descriptions of the merchandise subject to the orders are dispositive. Secondary and granular magnesium are not included in the scope of these orders. Our reasons for excluding granular magnesium are summarized in Preliminary Determination of Sales at Less Than Fair Value: Pure and Alloy Magnesium From Canada, 57 FR 6094 (February 20, 1992). Analysis of Comments Received All issues raised in these reviews are addressed in the Issues and Decision Memorandum (‘‘Decision Memorandum’’) from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, dated October 31, 2005, which is hereby adopted by this notice. Parties can find a complete discussion of all issues raised in these reviews and the corresponding recommendation in this public memorandum which is on file in the Central Records Unit room B– 099 of the main Department building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at https:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memorandum are identical in content. Final Results of Reviews We determine that revocation of the countervailing duty orders would be likely to lead to continuation or recurrence of a countervailable subsidy. E:\FR\FM\04NON1.SGM 04NON1

Agencies

[Federal Register Volume 70, Number 213 (Friday, November 4, 2005)]
[Notices]
[Pages 67139-67140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6129]


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DEPARTMENT OF COMMERCE

International Trade Administration

(C-351-604)


Final Results of Expedited Sunset Review: Brass Sheet and Strip 
from Brazil

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 countervailing duty 
order (``CVD'') on brass sheet and strip from Brazil pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``the Act''). On 
the basis of a notice of intent to participate and an adequate 
substantive response filed on behalf of the domestic interested parties 
and inadequate response from respondent interested parties (in this 
case, no response), the Department determined to conduct an expedited 
sunset review of this CVD order pursuant to section 751(c)(3)(B) of the 
Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of this sunset review, 
the Department finds that revocation of the CVD order would be likely 
to lead to continuation or recurrence of a countervailable subsidy at 
the level indicated in the ``Final Results of Review'' section of this 
notice.

EFFECTIVE DATE: November 4, 2005.

FOR FURTHER INFORMATION CONTACT: Tipten Troidl or David Goldberger, AD/
CVD Enforcement, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-1767 or (202) 
482-4136, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2005, the Department initiated a sunset review of the 
CVD order on brass sheet and strip from Brazil pursuant to section 
751(c) of the Act. See Notice of Initiation of Five-year (``Sunset'') 
Reviews, 70 FR 16800 (April 1, 2005). The Department received a notice 
of intent to participate from the following domestic interested 
parties: Heyco Metals, Inc. (``Heyco''); Olin Corporation-Brass Group 
(``Olin''); Outokumpu American Brass (``Outokumpu''); PMX Industries, 
Inc. (``PMX''); Revere Copper Products, Inc. (``Revere''); Scott Brass 
(``Scott''); the International Association of Machinists and Aerospace 
Workers; the United Auto Workers (Local 2367 and Local 1024); and the 
United Steelworkers of America (AFL/CIO-CLC) (hereinafter, collectively 
``domestic interested parties''), within the deadline specified in 19 
CFR 351.218(d)(1)(i). The domestic interested parties claimed 
interested party status under sections 771(9)(C) and (D) of the Act, as 
domestic brass mills, rerollers, and unions engaged in the production 
of brass sheet and strip in the United States.
    The Department received a complete substantive response 
collectively from the domestic interested parties within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i). However, the Department 
did not receive a substantive response from any government or 
respondent interested party to this proceeding. As a result, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
the Department conducted an expedited review of this CVD order.

Scope of the Order

    The merchandise subject to this CVD order is coiled, wound-on-reels 
(traverse wound), and cut-to-length brass sheet and strip (not leaded 
or tinned) from Brazil. The subject merchandise has, regardless of 
width, a solid rectangular cross section over 0.0006 inches (0.15 
millimeters) through 0.1888 inches (4.8 millimeters) in finished 
thickness or gauge. The chemical composition of the covered products is 
defined in the Copper Development 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 C.D.A. or U.N.S. series. The merchandise is currently 
classified under Harmonized Tariff Schedule (``HTS'') item numbers 
7409.21.00 and 7409.29.00. The HTS item numbers are provided for 
convenience and customs purposes. The written description remains 
dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to Joseph A. 
Spetrini, Acting Assistant Secretary for Import Administration, dated 
October 28, 2005, which is hereby adopted by this notice. Parties can 
find a complete discussion of all issues raised in this review and the 
corresponding recommendation in this public memorandum which is on file 
in the Central Records Unit room B-099 of the main Commerce building. 
In addition, a complete version of the

[[Page 67140]]

Decision Memorandum can be accessed directly on the Web at https://
ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Final Results of Review

    The Department determines that revocation of the CVD order would be 
likely to lead to continuation or recurrence of a countervailable 
subsidy. However, as a result of termination of all known 
countervailable programs, the Department is unable to determine the net 
countervailable subsidy likely to prevail.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing the results and notice are in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: October 28, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-6129 Filed 11-3-05; 8:45 am]
BILLING CODE 3510-DS-S