Brass Sheet and Strip From France, Italy, and Japan: Final Results of the Expedited Third Sunset Reviews of the Antidumping Duty Orders, 39849-39850 [2011-17064]

Download as PDF Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices We are issuing and publishing the results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: June 29, 2011. Paul Piquado, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–17072 Filed 7–6–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–427–602; A–475–601; A–588–704] Brass Sheet and Strip From France, Italy, and Japan: Final Results of the Expedited Third Sunset Reviews of the Antidumping Duty Orders Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: July 7, 2011. SUMMARY: On March 1, 2011, the Department of Commerce (‘‘Department’’) published in the Federal Register the notice of initiation of the third Sunset review of the antidumping duty orders on brass sheet and strip from France, Italy, and Japan, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). The Department has conducted expedited Sunset reviews of these orders pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of the Sunset reviews, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping at the margins identified in the ‘‘Final Results of Review’’ section of this notice. FOR FURTHER INFORMATION CONTACT: Mahnaz Khan or Yasmin Nair, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482–0914 and (202) 482–3813, respectively. SUPPLEMENTARY INFORMATION: sroberts on DSK5SPTVN1PROD with NOTICES AGENCY: Background The antidumping duty orders on brass sheet and strip from France and Italy were published in the Federal Register on March 6, 1987. See Antidumping Duty Order: Brass Sheet and Strip From France, 52 FR 6995 (March 6, 1987); Antidumping Duty Order: Brass Sheet and Strip From Italy, 52 FR 6997 (March 6, 1987), amended at Amendment to VerDate Mar<15>2010 16:26 Jul 06, 2011 Jkt 223001 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). On August 12, 1988, the Department issued an antidumping duty order on imports of brass sheet and strip from Japan. See Antidumping Duty Order of Sales at Less Than Fair Value; Brass Sheet and Strip From Japan, 53 FR 30454 (August 12, 1988). On March 1, 2011, the Department initiated the third Sunset reviews of these orders, pursuant to section 751(c) of the Act. See Initiation of Five-Year (‘‘Sunset’’) Review, 76 FR 11202 (March 1, 2011). The Department received a notice of intent to participate from domestic interested parties GBC Metals, LLC of Global Brass and Copper, Inc., doing business as Olin Brass; Heyco Metals, Inc.; Luvata North America, Inc. (previously Outokumpu American Brass); PMX Industries, Inc.; Revere Copper Products, Inc.; International Association of Machinists and Aerospace Workers; United Auto Workers (Local 2367 and Local 1024); and United Steelworkers AFL–CIO CLC (collectively, ‘‘Petitioners’’), within the deadline specified in 19 CFR 351.218(d)(1)(i). Petitioners claimed interested party status under section 771(9)(C) of the Act as a manufacturer, producer, or wholesaler in the United States of a domestic like product, or under 771(9)(D) of the Act as a certified union or recognized union or group of workers representative of an industry engaged in the manufacture, production, or wholesale in the United States of a domestic like product. On March 31, 2011, the Department received a substantive response from Petitioners. In addition to meeting the other requirements of 19 CFR 351.218(d)(3), Petitioners provided information on the volume and value of exports of brass sheet and strip from France, Italy, and Japan. On May 5, 2011, the Department received Petitioners’ comments regarding the adequacy of responses and the appropriateness of an expedited review. The Department received no responses from respondent interested parties to these proceedings. 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 expedited (120day) Sunset reviews of the antidumping duty orders on brass sheet and strip from France, Italy, and Japan. 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 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 39849 France, 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. Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum (‘‘Decision Memorandum’’) from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Acting Deputy Assistant Secretary for Import Administration, dated June 29, 2011, which is hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the orders were revoked. Parties can find a complete discussion of all issues raised in these reviews and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit in room 7046 of the main Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Internet 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 Pursuant to sections 752(c)(1) and (3) of the Act, we determine that revocation of the antidumping duty orders on brass sheet and strip from France, Italy and Japan would be likely to lead to continuation or recurrence of dumping at the following weighted-average percentage margins: E:\FR\FM\07JYN1.SGM 07JYN1 39850 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices Manufacturers/producers/exporters Margin (percent) France: Trefimetaux S.A ..................... All Others ............................... Italy: LMI–La Metalli Industriale, S.p.A .................................. All Others ............................... Japan: Nippon Mining Co., Ltd ......... Sambo Copper Alloy Co., Ltd Mitsubishi Shindoh Co., Ltd .. Kobe Steel, Ltd ...................... All Others ............................... 42.24 42.24 5.44 5.44 57.98 13.30 57.98 57.98 45.72 This notice also 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 the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing the final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: June 29, 2011. Paul Piquado, Acting Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–17064 Filed 7–6–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–838] Seamless Refined Copper Pipe and Tube From Mexico: Notice of Initiation of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has received a request for a new shipper review of the antidumping duty order on seamless refined copper pipe and tube (copper pipe and tube) from Mexico. See Seamless Refined Copper Pipe and Tube From Mexico and the People’s Republic of China: Antidumping Duty Orders and Amended Final Determination of Sales at Less Than Fair Value From Mexico, 75 FR 71070 (November 22, 2010) (Order). In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as sroberts on DSK5SPTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 16:26 Jul 06, 2011 Jkt 223001 amended (the Act), and 19 CFR 351.214(d), the Department is initiating an antidumping duty new shipper review of GD Affiliates S.de R.L. de C.V. (GD). The period of review (POR) of this new shipper review is November 22, 2010, through April 30, 2011. DATES: Effective Date: July 7, 2011. FOR FURTHER INFORMATION CONTACT: Dennis McClure or Christopher Hargett, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482–5973 or (202) 482– 4161, respectively. SUPPLEMENTARY INFORMATION: Background On November 22, 2010, the Department published the antidumping duty order on copper pipe and tube from Mexico. See Order. Thus, the order on copper pipe and tube from Mexico has a May semi-annual anniversary month. On May 31, 2011, the Department received a request for a new shipper review from GD in accordance with 19 CFR 351.214(c). In its request for a review, GD identified itself as a producer and exporter of the subject merchandise. For the purpose of initiating this new shipper review, the Department determines that GD’s submission was timely filed. Pursuant to the requirements set forth in section 751(a)(2)(B)(i) of the Act and 19 CFR 351.214(b)(2), GD certified that (1) it did not export subject merchandise to the United States during the period of investigation (POI) (see section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i)); and (2) since the initiation of the investigation, it has never been affiliated with any company that exported subject merchandise to the United States during the POI, including those companies not individually examined during the investigation (see section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A)). Additionally, in accordance with 19 CFR 351.214(b)(2)(iv), GD submitted documentation establishing the following: (1) The date on which it first shipped subject merchandise to the United States; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated purchaser for exportation to the United States. GD also stated it had shipments to the United States during the period subsequent to its first shipment. Initiation of Review Frm 00040 Fmt 4703 Dated: June 28, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–17063 Filed 7–6–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration The Manufacturing Council: Meeting International Trade Administration, U.S. Department of Commerce. AGENCY: Based on information on the record and in accordance with section PO 00000 751(a)(2)(B) of the Act, and 19 CFR 351.214(d), we find that the request submitted by GD meets the statutory and regulatory requirements for initiation of a new shipper review. See Memorandum to the File, through Melissa Skinner, Office Director, Office 3, AD/CVD Operations, from Christopher Hargett, Case Analyst, Office 3, AD/CVD Operations, regarding ‘‘Initiation of AD New Shipper Review: Seamless Refined Copper Pipe and Tube from Mexico (A–201–838),’’ dated June 28, 2011. Accordingly, we are initiating a new shipper review of the antidumping duty order on copper pipe and tube from Mexico exported by GD, for the period November 22, 2010, through April 30, 2011. We intend to issue the preliminary results of this review no later than 180 days after the date on which this review is initiated, and the final results within 90 days after the date on which we issue the preliminary results. See section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(h)(i). We will instruct U.S. Customs and Border Protection (CBP) to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for certain entries of the subject merchandise exported by GD in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because GD certified that it exports the subject merchandise, the sale of which forms the basis for its new shipper review request, we will instruct CBP to permit the use of a bond only for entries of subject merchandise which GD exported. Interested parties may submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and this notice are issued and published in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Sfmt 4703 E:\FR\FM\07JYN1.SGM 07JYN1

Agencies

[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Pages 39849-39850]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17064]



-----------------------------------------------------------------------



DEPARTMENT OF COMMERCE



International Trade Administration



[A-427-602; A-475-601; A-588-704]




Brass Sheet and Strip From France, Italy, and Japan: Final 

Results of the Expedited Third Sunset Reviews of the Antidumping Duty 

Orders



AGENCY: Import Administration, International Trade Administration, 

Department of Commerce.



DATES: Effective Date: July 7, 2011.

SUMMARY: On March 1, 2011, the Department of Commerce (``Department'') 

published in the Federal Register the notice of initiation of the third 

Sunset review of the antidumping duty orders on brass sheet and strip 

from France, Italy, and Japan, pursuant to section 751(c) of the Tariff 

Act of 1930, as amended (``the Act''). The Department has conducted 

expedited Sunset reviews of these orders pursuant to section 

751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result 

of the Sunset reviews, the Department finds that revocation of the 

antidumping duty orders would be likely to lead to continuation or 

recurrence of dumping at the margins identified in the ``Final Results 

of Review'' section of this notice.



FOR FURTHER INFORMATION CONTACT: Mahnaz Khan or Yasmin Nair, AD/CVD 

Operations, Office 1, Import Administration, International Trade 

Administration, U.S. Department of Commerce, 14th Street and 

Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-

0914 and (202) 482-3813, respectively.



SUPPLEMENTARY INFORMATION:



Background



    The antidumping duty orders on brass sheet and strip from France 

and Italy were published in the Federal Register on March 6, 1987. See 

Antidumping Duty Order: Brass Sheet and Strip From France, 52 FR 6995 

(March 6, 1987); Antidumping Duty Order: Brass Sheet and Strip From 

Italy, 52 FR 6997 (March 6, 1987), amended at 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). On August 12, 

1988, the Department issued an antidumping duty order on imports of 

brass sheet and strip from Japan. See Antidumping Duty Order of Sales 

at Less Than Fair Value; Brass Sheet and Strip From Japan, 53 FR 30454 

(August 12, 1988).

    On March 1, 2011, the Department initiated the third Sunset reviews 

of these orders, pursuant to section 751(c) of the Act. See Initiation 

of Five-Year (``Sunset'') Review, 76 FR 11202 (March 1, 2011). The 

Department received a notice of intent to participate from domestic 

interested parties GBC Metals, LLC of Global Brass and Copper, Inc., 

doing business as Olin Brass; Heyco Metals, Inc.; Luvata North America, 

Inc. (previously Outokumpu American Brass); PMX Industries, Inc.; 

Revere Copper Products, Inc.; International Association of Machinists 

and Aerospace Workers; United Auto Workers (Local 2367 and Local 1024); 

and United Steelworkers AFL-CIO CLC (collectively, ``Petitioners''), 

within the deadline specified in 19 CFR 351.218(d)(1)(i). Petitioners 

claimed interested party status under section 771(9)(C) of the Act as a 

manufacturer, producer, or wholesaler in the United States of a 

domestic like product, or under 771(9)(D) of the Act as a certified 

union or recognized union or group of workers representative of an 

industry engaged in the manufacture, production, or wholesale in the 

United States of a domestic like product.

    On March 31, 2011, the Department received a substantive response 

from Petitioners. In addition to meeting the other requirements of 19 

CFR 351.218(d)(3), Petitioners provided information on the volume and 

value of exports of brass sheet and strip from France, Italy, and 

Japan. On May 5, 2011, the Department received Petitioners' comments 

regarding the adequacy of responses and the appropriateness of an 

expedited review. The Department received no responses from respondent 

interested parties to these proceedings. 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 expedited (120-day) Sunset reviews of the 

antidumping duty orders on brass sheet and strip from France, Italy, 

and Japan.



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, 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.



Analysis of Comments Received



    All issues raised in this review are addressed in the Issues and 

Decision Memorandum (``Decision Memorandum'') from Christian Marsh, 

Deputy Assistant Secretary for Antidumping and Countervailing Duty 

Operations, to Paul Piquado, Acting Deputy Assistant Secretary for 

Import Administration, dated June 29, 2011, which is hereby adopted by 

this notice. The issues discussed in the Decision Memorandum include 

the likelihood of continuation or recurrence of dumping and the 

magnitude of the margins likely to prevail if the orders were revoked. 

Parties can find a complete discussion of all issues raised in these 

reviews and the corresponding recommendations in this public 

memorandum, which is on file in the Central Records Unit in room 7046 

of the main Commerce building.

    In addition, a complete version of the Decision Memorandum can be 

accessed directly on the Internet 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



    Pursuant to sections 752(c)(1) and (3) of the Act, we determine 

that revocation of the antidumping duty orders on brass sheet and strip 

from France, Italy and Japan would be likely to lead to continuation or 

recurrence of dumping at the following weighted-average percentage 

margins:



[[Page 39850]]







------------------------------------------------------------------------

                                                                 Margin

              Manufacturers/producers/exporters                (percent)

------------------------------------------------------------------------

France:

    Trefimetaux S.A..........................................      42.24

    All Others...............................................      42.24

Italy:

    LMI-La Metalli Industriale, S.p.A........................       5.44

    All Others...............................................       5.44

Japan:

    Nippon Mining Co., Ltd...................................      57.98

    Sambo Copper Alloy Co., Ltd..............................      13.30

    Mitsubishi Shindoh Co., Ltd..............................      57.98

    Kobe Steel, Ltd..........................................      57.98

    All Others...............................................      45.72

------------------------------------------------------------------------



    This notice also 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 the return or destruction of APO materials or 

conversion to judicial protective orders is hereby requested. Failure 

to comply with the regulations and terms of an APO is a violation which 

is subject to sanction.

    We are issuing and publishing the final results and notice in 

accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.



    Dated: June 29, 2011.

Paul Piquado,

Acting Deputy Assistant Secretary for Import Administration.

[FR Doc. 2011-17064 Filed 7-6-11; 8:45 am]

BILLING CODE 3510-DS-P

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