Brass Sheet and Strip From Germany: Preliminary Results of the Third Five-Year (“Sunset”) Review of the Antidumping Duty Order, 59386-59387 [2011-24664]

Download as PDF 59386 Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Notices of the postmark date, in order to be considered for funds available in that Federal fiscal quarter. Unless withdrawn by the applicant, completed applications that receive a score of at least 70 (the minimum required to be considered for funding), but have not yet been funded, will be retained by the Agency for consideration in subsequent reviews through a total of four consecutive quarterly reviews. Applications that remain unfunded after four quarterly reviews, including the initial quarter in which the application was competed, will not be considered further for an award. USDA’s TARGET Center at (202) 720– 2600 (voice and TDD). To file a complaint of discrimination write to USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW., Washington, DC 20250– 9410 or call (866) 632–9992 (toll free), (202) 260–1026, or (202) 401–0216 (TDD). 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Applicants must comply with all applicable statutes and regulations before the award will be approved. Unsuccessful applications will receive notification by mail. jlentini on DSK4TPTVN1PROD with NOTICES VII. Agency Contacts For general questions about this Notice, please contact your USDA Rural Development State Office as provided in the Addresses section of this Notice. Nondiscrimination Statement: The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and, where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact VerDate Mar<15>2010 19:07 Sep 23, 2011 Jkt 223001 DEPARTMENT OF COMMERCE International Trade Administration [A–428–602] Brass Sheet and Strip From Germany: Preliminary Results of the Third FiveYear (‘‘Sunset’’) Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: September 26, 2011. SUMMARY: On March 1, 2011, the Department of Commerce (‘‘the Department’’) initiated its third sunset review of the antidumping duty order on brass sheet and strip from Germany, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). The Department is conducting a full sunset review of the order pursuant to 751(c) of the Act and 19 CFR 351.218(e)(2)(i). As a result of this sunset review, the Department preliminarily finds that revocation of the antidumping duty order on brass sheet and strip from Germany would likely lead to continuation or recurrence of dumping. FOR FURTHER INFORMATION CONTACT: Joseph Shuler 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) 482–1293 and (202) 482–3813, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 1, 2011, the Department initiated the third sunset review of the antidumping duty order on brass sheet and strip from Germany, pursuant to section 751(c) of the Act. See Initiation of Five-Year (‘‘Sunset’’) Review, 76 FR PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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.; PMX Industries, Inc.; Revere Copper Products, Inc.; and 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, and under section 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 substantive responses from Petitioners. In addition to meeting the requirements specified in 19 CFR 351.218(d)(3)(i), Petitioners provided information on the volume and value of exports of brass sheet and strip from Germany. On March 31, 2011, the Department also received a substantive response from respondent interested parties in Germany, Wieland-Werke AG, Schwermetall Halbzeugwerk GmbH & Co., KG, and Messingwerk Plettenberg Herfeld & Co., KG (collectively, ‘‘Respondents’’). Pursuant to 19 CFR 351.302(b), Petitioners and Respondents were granted an extension until April 12, 2011, to file rebuttal comments to the substantive responses. These comments were submitted on April 12, 2011. On April 14, 2011, the Department released U.S. Customs and Border Protection (‘‘CBP’’) data on U.S. imports of brass sheet and strip from Germany to interested parties under the terms of the administrative protective order. On April 25, 2011, Petitioners and Respondents submitted comments on the CBP import data. On May 2, 2011, Petitioners submitted rebuttal comments, and on May 6, 2011, Respondents submitted rebuttal comments. On May 9, 2011, Petitioners submitted surrebuttal comments. Section 351.218(e)(1)(ii)(A) of the Department’s regulations provides that the Secretary normally will conclude that respondent interested parties have adequately responded to a notice of initiation where the Department receives complete substantive responses from respondent interested parties accounting on average for more than 50 E:\FR\FM\26SEN1.SGM 26SEN1 Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Notices 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 June 7, 2011, the Department determined that Petitioners’ and Respondents’ responses constituted adequate responses to the notice of initiation. See Memorandum from Susan H. Kuhbach, Director, AD/CVD Operations, Office 1, to Edward C. Yang, Acting Deputy Assistant Secretary for AD/CVD Operations entitled ‘‘Adequacy Determination: Third Five-Year (‘‘Sunset’’) Review of the Antidumping Duty Order on Brass Sheet and Strip from Germany,’’ dated June 7, 2011. In accordance with 19 CFR 351.218(e)(2)(i), the Department determined to conduct a full sunset review of this antidumping duty order and notified the International Trade Commission. See Letter from James Maeder, Director, Office 2, AD/CVD Operations to Ms. Catherine DeFilippo, Director, Office of Investigations, U.S. International Trade Commission, dated June 10, 2011. jlentini on DSK4TPTVN1PROD with NOTICES Scope of the Order The product covered by the order is brass sheet and strip, other than leaded and tinned brass sheet and strip. 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 order does 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 order 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 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 VerDate Mar<15>2010 17:37 Sep 23, 2011 Jkt 223001 Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration (‘‘Decision Memorandum’’’), which is hereby adopted by, and issued concurrently with, this notice. The issues discussed in the Decision Memorandum are the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the order is revoked. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit, room 7046 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. 59387 Dated: September 19, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–24664 Filed 9–23–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XA723 Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: The South Atlantic Fishery Management Council (Council) will Preliminary Results of Review hold a meeting of its Habitat and Environmental Protection Advisory We preliminarily determine that Panel (AP) in Charleston, SC. revocation of the antidumping duty DATES: The meeting will take place order on brass sheet and strip from November 15–16, 2011. See Germany would be likely to lead to SUPPLEMENTARY INFORMATION for specific continuation or recurrence of dumping dates and times. at the following weighted-average percentage margins: ADDRESSES: The meeting will be held at the Charleston Marriott Hotel, 170 Manufacturers/producers/ Margin Lockwood Blvd., Charleston, SC 29403; exporters (percent) telephone: (800) 968–3569; fax: (843) 723–0276. Wieland-Werke AG ........... 3.81 All Others .......................... 7.30 FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information Officer, South Atlantic Fishery Management Any interested party may request a Council, 4055 Faber Place Drive, Suite hearing within 30 days of publication of 201, N. Charleston, SC 29405; this notice in accordance with 19 CFR telephone: (843) 571–4366 or toll free 351.310(c). Consistent with 19 CFR (866) SAFMC–10; fax: (843) 769–4520; 351.310(d)(1), any hearing, if requested, e-mail: kim.iverson@safmc.net. will generally be held two days after the SUPPLEMENTARY INFORMATION: Members scheduled date for submission of of the Habitat and Environmental rebuttal briefs, in accordance with 19 Protection AP will meet from 9 a.m. CFR 351.309(d). Interested parties may until 5 p.m. on November 15, 2011 and submit case briefs no later than 50 days from 8:30 a.m. until 5 p.m. on after the date of publication of these November 16, 2011. preliminary results of review, in The meeting will focus on further accordance with 19 CFR facilitating the Council’s habitat 351.309(c)(1)(i). Rebuttal briefs, which conservation efforts, the move to must be limited to issues raised in the ecosystem-based management strategies, case briefs, may be filed not later than and the regional applications of marine five days after the time limit for filing and spatial planning and management. the case brief, unless the Secretary alters Topics to be addressed at the meeting this time limit. See 19 CFR 351.309(d). include: a regional mapping strategy The Department will issue a notice of based on managed species and habitat final results of this sunset review, which needs; an overview of fisheries’ will include the results of its analysis of oceanography needs; and an issues raised in any such briefs, no later identification of priority fish, fish than January 25, 2012. habitat and fishery research needs This five-year (‘‘Sunset’’) review and required for a proposed alternative notice are in accordance with sections energy facility in the South Atlantic. 751(c), 752, and 777(i)(1) of the Act. The AP will initiate the development of PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 SUMMARY: E:\FR\FM\26SEN1.SGM 26SEN1

Agencies

[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Notices]
[Pages 59386-59387]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24664]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-602]


Brass Sheet and Strip From Germany: Preliminary Results of the 
Third Five-Year (``Sunset'') Review of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: September 26, 2011.
SUMMARY: On March 1, 2011, the Department of Commerce (``the 
Department'') initiated its third sunset review of the antidumping duty 
order on brass sheet and strip from Germany, pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (``the Act''). The Department is 
conducting a full sunset review of the order pursuant to 751(c) of the 
Act and 19 CFR 351.218(e)(2)(i). As a result of this sunset review, the 
Department preliminarily finds that revocation of the antidumping duty 
order on brass sheet and strip from Germany would likely lead to 
continuation or recurrence of dumping.

FOR FURTHER INFORMATION CONTACT: Joseph Shuler 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-
1293 and (202) 482-3813, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 1, 2011, the Department initiated the third sunset review 
of the antidumping duty order on brass sheet and strip from Germany, 
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.; 
PMX Industries, Inc.; Revere Copper Products, Inc.; and 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, and under section 
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 substantive responses 
from Petitioners. In addition to meeting the requirements specified in 
19 CFR 351.218(d)(3)(i), Petitioners provided information on the volume 
and value of exports of brass sheet and strip from Germany. On March 
31, 2011, the Department also received a substantive response from 
respondent interested parties in Germany, Wieland-Werke AG, 
Schwermetall Halbzeugwerk GmbH & Co., KG, and Messingwerk Plettenberg 
Herfeld & Co., KG (collectively, ``Respondents''). Pursuant to 19 CFR 
351.302(b), Petitioners and Respondents were granted an extension until 
April 12, 2011, to file rebuttal comments to the substantive responses. 
These comments were submitted on April 12, 2011.
    On April 14, 2011, the Department released U.S. Customs and Border 
Protection (``CBP'') data on U.S. imports of brass sheet and strip from 
Germany to interested parties under the terms of the administrative 
protective order. On April 25, 2011, Petitioners and Respondents 
submitted comments on the CBP import data. On May 2, 2011, Petitioners 
submitted rebuttal comments, and on May 6, 2011, Respondents submitted 
rebuttal comments. On May 9, 2011, Petitioners submitted surrebuttal 
comments.
    Section 351.218(e)(1)(ii)(A) of the Department's regulations 
provides that the Secretary normally will conclude that respondent 
interested parties have adequately responded to a notice of initiation 
where the Department receives complete substantive responses from 
respondent interested parties accounting on average for more than 50

[[Page 59387]]

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 June 7, 2011, the Department determined that 
Petitioners' and Respondents' responses constituted adequate responses 
to the notice of initiation. See Memorandum from Susan H. Kuhbach, 
Director, AD/CVD Operations, Office 1, to Edward C. Yang, Acting Deputy 
Assistant Secretary for AD/CVD Operations entitled ``Adequacy 
Determination: Third Five-Year (``Sunset'') Review of the Antidumping 
Duty Order on Brass Sheet and Strip from Germany,'' dated June 7, 2011. 
In accordance with 19 CFR 351.218(e)(2)(i), the Department determined 
to conduct a full sunset review of this antidumping duty order and 
notified the International Trade Commission. See Letter from James 
Maeder, Director, Office 2, AD/CVD Operations to Ms. Catherine 
DeFilippo, Director, Office of Investigations, U.S. International Trade 
Commission, dated June 10, 2011.

Scope of the Order

    The product covered by the order is brass sheet and strip, other 
than leaded and tinned brass sheet and strip. 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 order does 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 order 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 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 Antidumping and Countervailing Duty Operations, to Ronald 
K. Lorentzen, Deputy Assistant Secretary for Import Administration 
(``Decision Memorandum'''), which is hereby adopted by, and issued 
concurrently with, this notice. The issues discussed in the Decision 
Memorandum are the likelihood of continuation or recurrence of dumping 
and the magnitude of the margins likely to prevail if the order is 
revoked. Parties can find a complete discussion of all issues raised in 
this review and the corresponding recommendations in this public 
memorandum which is on file in the Central Records Unit, room 7046 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.

Preliminary Results of Review

    We preliminarily determine that revocation of the antidumping duty 
order on brass sheet and strip from Germany would be likely to lead to 
continuation or recurrence of dumping at the following weighted-average 
percentage margins:

------------------------------------------------------------------------
                                                             Margin
           Manufacturers/producers/exporters                (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). 
Consistent with 19 CFR 351.310(d)(1), any hearing, if requested, will 
generally be held two days after the scheduled date for submission of 
rebuttal briefs, in accordance with 19 CFR 351.309(d). Interested 
parties may submit case briefs no later than 50 days after the date of 
publication of these preliminary results of review, 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 not later than five days 
after the time limit for filing the case brief, unless the Secretary 
alters this time limit. See 19 CFR 351.309(d). 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 January 25, 2012.
    This five-year (``Sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: September 19, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-24664 Filed 9-23-11; 8:45 am]
BILLING CODE 3510-DS-P
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