Brass Sheet and Strip From Germany: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2013-2014, 61369-61371 [2015-25988]
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Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: CEP Offset
Comment 2: Cost Assigned to Merchandise
Sold but Not Produced During the POR
Recommendation
[FR Doc. 2015–25966 Filed 10–9–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–602]
Brass Sheet and Strip From Germany:
Final Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2013–
2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
Petitioners,1 the Department of
Commerce (the Department) is
conducting an administrative review of
the antidumping duty order on brass
sheet and strip from Germany. The
period of review (POR) is March 1,
2013, through February 28, 2014.2 The
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
1 The Petitioners are GBC Metals, LLC of Global
Brass and Copper, Inc., dba Olin Brass, Heyco
Metals, Inc., Aurubis Buffalo, Inc. PMX Industries,
Inc. and Revere Copper Products, Inc.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
VerDate Sep<11>2014
21:23 Oct 09, 2015
Jkt 238001
review covers ten producers or
exporters of subject merchandise.3 We
find that three of the producers or
exporters for which the Department
initiated a review, Schwermetall,
ThyssenKrupp, and Wieland, had no
shipments during the POR. Further, we
find that subject merchandise has been
sold at less than normal value by seven
of the companies subject to this review.4
Based on our analysis of the comments
and information received, these final
results remain unchanged from the
Preliminary Results.5 For the final
weighted-average dumping margin, see
the ‘‘Final Results of Review’’ section
below.
DATES: Effective Date: October 13, 2015.
FOR FURTHER INFORMATION CONTACT:
George McMahon or Eric Greynolds,
AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–1167 or (202) 482–6071,
respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the
antidumping duty order is brass sheet
and strip, other than leaded brass and
tin brass sheet and strip, from Germany,
which is currently classified under
subheading 7409.21.00.50,
7409.21.00.75, 7409.21.00.90,
7409.29.00.50, 7409.29.00.75, and
Request for Revocation in Part, 79 FR 24398 (April
30, 2014) (Initiation).
3 The ten producers or exporters include: Aurubis
Stolberg GmbH & Co. KG, Carl Schreiber GmbH,
KME Germany AG & Co. KG, Messingwerk
Plettenberg Herfeld GmbH & Co. KG (Messingwerk),
MKM Mansfelder Kupfer & Messing GmbH, Schlenk
Metallfolien GmbH & Co. KG, Schwermetall
Halbzeugwerk GmbH & Co. KG (Schwermetall),
Sundwiger Messingwerke GmbH & Co. KG,
ThyssenKrupp VDM GmbH (ThyssenKrupp), and
Wieland-Werke AG (Wieland).
4 The seven companies include Aurubis Stolberg
GmbH & Co. KG, Carl Schreiber GmbH, KME
Germany AG & Co. KG, Messingwerk, MKM
Mansfelder Kupfer & Messing GmbH, Schlenk
Metallfolien GmbH & Co. KG, and Sundwiger
Messingwerke GmbH & Co. KG.
5 See Brass Sheet and Strip from Germany:
Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2013–2014, 80 FR
18357 (April 6, 2015) (Preliminary Results), and
accompanying ‘‘Preliminary Decision Memorandum
for the Final Results of the Antidumping Duty
Administrative Review: Brass Sheet and Strip from
Germany; 2013–2014’’ from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, dated March 31,
2015 (Preliminary Decision Memorandum). The
three producers or exporters which we determine
had no shipments are Schwermetall,
ThyssenKrupp, and Wieland.
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
61369
7409.29.00.90 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise subject to the order is
dispositive.6
Methodology
In accordance with sections 776(a)
and (b) of the Tariff Act of 1930, as
amended (the Act), we relied on facts
available with an adverse inference with
respect to Messingwerk, the sole
company selected for individual
examination in this review. Thus, we
are assigning a rate of 55.60 percent as
the dumping margin for Messingwerk.7
In making these findings, we relied on
facts available because Messingwerk
failed to respond to the Department’s
antidumping duty questionnaire, and
thus withheld requested information,
failed to provide requested information
by the established deadlines, and
significantly impeded this proceeding.
See sections 776(a)(1) and (2)(A)–(C) of
the Act. Furthermore, because we
determine that Messingwerk failed to
cooperate by not acting to the best of its
ability to comply with the Department’s
requests for information, we drew an
adverse inference in selecting from
among the facts otherwise available. See
section 776(b) of the Act.
Additionally, as indicated in the
‘‘Final Results of Review’’ section
below, we determine that a margin of
22.61 percent applies to the six firms
not selected for individual review. We
have determined to base the dumping
margin for the six companies not
selected for individual examination in
this review on an average of the range
of certain dumping margins contained
in the underlying Petition.8 For further
information, see the Preliminary
Decision Memorandum 9 at the section
titled, ‘‘Rate for Non-Examined
Companies.’’
For a full description of the
methodology underlying our
6 For a full description of the scope of the order,
see the ‘‘Issues and Decision Memorandum for the
Final Results of the Antidumping Duty
Administrative Review: Brass Sheet and Strip from
Germany; 2013–2014’’ from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, dated concurrently
with this notice (Issues and Decision
Memorandum).
7 For a full description of the Department’s
selection of the 55.60 percent adverse facts
available dumping margin, see Issues and Decision
Memorandum.
8 See Brass Sheet and Strip From The Federal
Republic of Germany; Initiation of Antidumping
Duty Investigation, 51 FR 11774 (April 7, 1986).
9 See the Preliminary Decision Memorandum.
E:\FR\FM\13OCN1.SGM
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61370
Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices
conclusions, see the Issues and Decision
Memorandum. A list of topics included
in the Issues and Decision
Memorandum is included in the
Appendix attached to this notice.
The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the Internet at: https://
enforcement.trade.gov/frn/.
Final Determination of No Shipments
Based on our analysis of U.S. Customs
and Border Protection (CBP)
information and information provided
by Schwermetall, ThyssenKrupp, and
Wieland, we determine that
Schwermetall, ThyssenKrupp, and
Wieland had no shipments of the
subject merchandise, and, therefore, no
reviewable transactions, during the
POR. For a full discussion of this
determination, see the Issues and
Decision Memorandum.
Final Results of Review
As a result of this review, the
Department determines that the
following dumping margins on brass
sheet and strip from Germany exist for
the period March 1, 2013, through
February 28, 2014:
Margin
(percent)
Producer and/or exporter
Aurubis Stolberg GmbH & Co.
KG ...........................................
Carl Schreiber GmbH .................
KME Germany AG & Co. KG .....
Messingwerk Plettenberg Herfeld
GmbH & Co. KG .....................
MKM Mansfelder Kupfer &
Messing GmbH .......................
Schlenk Metallfolien GmbH &
Co. KG ....................................
Sundwiger Messingwerke GmbH
& Co. KG .................................
22.61
22.61
22.61
55.60
22.61
22.61
mstockstill on DSK4VPTVN1PROD with NOTICES
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1), the
Department determined, and CBP shall
assess, antidumping duties on all
appropriate entries of subject
merchandise, in accordance with the
final results of this review. The
Department intends to issue assessment
instructions to CBP 15 days after the
21:23 Oct 09, 2015
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication of the final results of this
administrative review, as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rate for respondents noted above
22.61
Assessment Rates
VerDate Sep<11>2014
date of publication of these final results
of review.
We will instruct CBP to apply an ad
valorem assessment rate of 55.60
percent to all entries of subject
merchandise during the POR which
were produced and/or exported by
Messingwerk, and an ad valorem
assessment rate of 22.61 percent to all
entries of subject merchandise during
the POR which were produced and/or
exported by the six aforementioned
companies which were not selected for
individual examination.
Consistent with the Department’s
‘‘automatic assessment’’ regulation,10
for entries of subject merchandise
during the POR produced by the abovereferenced companies, for which the
company did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate these entries at the all-others
rate established in the less-than fairvalue (LTFV) investigation, 7.30
percent,11 if there is no rate for the
intermediary involved in the
transaction. See Assessment Policy
Notice for a full discussion of this
clarification. Further, because ‘‘as
entered’’ liquidation instructions do not
alleviate the concerns which the
Assessment Policy Notice was intended
to address, we find it appropriate in this
case to instruct CBP to liquidate any
existing entries of merchandise
produced by Schwermetall,
ThyssenKrupp, or Wieland and
exported by other parties at the all
others rate base on our determination
that Schwermetall, ThyssenKrupp, and
Wieland had no shipments of subject
merchandise from Germany.12
Jkt 238001
10 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
11 See Antidumping Duty Order: Brass Sheet and
Strip From the Federal Republic of Germany, 52 FR
6997 (March 6, 1987), as amended, Final
Determination of Sales at Less Than Fair Value and
Amendment to Antidumping Duty Order: Brass
Sheet and Strip From Germany, 52 FR 35750 (April
8, 1987) (Order).
12 See, e.g., Certain Frozen Warmwater Shrimp
from India: Partial Rescission of Antidumping Duty
Administrative Review, 73 FR 77610, 77612
(December 19, 2008).
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
will be the rate established in the final
results of this administrative review; (2)
for merchandise exported by
manufacturers or exporters not covered
in this administrative review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company specific rate
published for the most recently
completed segment of this proceeding;
(3) if the exporter is not a firm covered
in this review, a prior review, or the
original investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the manufacturer of the
subject merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 7.30
percent, the all-others rate determined
in the less than fair value investigation.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during the POR. Failure
to comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
and/or countervailing duties occurred
and the subsequent assessment of
doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the 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 these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
E:\FR\FM\13OCN1.SGM
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Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices
Dated: October 5, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Background
Appendix
List of Topics Discussed in the Final Issues
and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. No Shipment Determination
V. List of Comments
Comment 1: Whether the Adverse Facts
Available (AFA) Rate Is Probative for the
POR
Comment 2: Whether the AFA Rate Is
Aberrant
Comment 3: Whether the AFA Rate Is
Incorrect Based on Verification in the
Investigation
Comment 4: Whether the AFA Rate Is
Supported by the Department’s Rationale
Comment 5: Whether the Department
Provided Documentation to KL USA To
Support the AFA Rate
VI. Analysis of Comments
VII. Recommendation
[FR Doc. 2015–25988 Filed 10–9–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–823]
Welded Line Pipe From the Republic of
Turkey: Final Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
countervailable subsidies are being
provided to producers and exporters of
welded line pipe from the Republic of
Turkey (Turkey) as provided in section
705 of the Tariff Act of 1930, as
amended (the Act). The period of
investigation (POI) is January 1, 2013,
through December 31, 2013. For
information on the estimated subsidy
rates, see the ‘‘Suspension of
Liquidation’’ section of this notice.
DATES: Effective Date: October 13, 2015.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood or Dennis McClure,
Office II, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–3874 and (202) 482–5973,
respectively.
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
21:23 Oct 09, 2015
Jkt 238001
The petitioners in this investigation
are American Cast Iron Pipe Company,
Energex (a division of JMC Steel Group),
Maverick Tube Corporation, Northwest
Pipe Company, Stupp Corporation (a
division of Stupp Bros., Inc.), Tex-Tube
Company, TMK IPSCO, and Welspun
Tubular LLC USA. In addition to the
Government of Turkey, the mandatory
respondents in this investigation are
Borusan Istikbal Ticaret, Borusan
Mannesmann Boru Sanayi ve Ticaret
A.S., Borusan Mannesmann Boru
Yatirim Holding A.S., and Borusan
Holding A.S. (collectively, Borusan) and
Toscelik Profil ve Sac Endustrisi A.S.,
Tosyali Demir Celik Sanayi A.S.,
Tosyali Dis Ticaret A.S., Tosyali
Elektrik Enerjisi Toptan Satis Ith. Ihr.
A.S., and Tosyali Holding A.S.
(collectively, Toscelik).
The events that have occurred since
the Department published the
Preliminary Determination 1 on March
20, 2015, are discussed in the Issues and
Decision Memorandum, which is hereby
incorporated in this notice.2 This
memorandum also details the changes
we made since the Preliminary
Determination to the subsidy rates
calculated for the mandatory
respondents and all other producers/
exporters. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
1 See Welded Line Pipe From the Republic of
Turkey: Preliminary Affirmative Countervailing
Duty Determination and Alignment of Final
Determination With Final Antidumping
Determination, 80 FR 14943 (March 20, 2015)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, entitled, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Welded Line
Pipe from the Republic of Turkey,’’ dated
concurrently with this notice (Issues and Decision
Memorandum).
PO 00000
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Fmt 4703
Sfmt 4703
61371
Scope of the Investigation
The scope of the investigation covers
welded line pipe, which is carbon and
alloy steel pipe of a kind used for oil or
gas pipelines, not more than 24 inches
in nominal outside diameter. For a
complete description of the scope of the
investigation, see Appendix I.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum,
dated concurrently with this notice. A
list of the issues that parties have raised,
and to which we responded in the
Issues and Decision Memorandum, is
attached to this notice as Appendix II.
Use of Facts Otherwise Available,
Including Adverse Inferences
On April 14, 2015, Borusan notified
the Department that it would not
participate in the statutorily mandated
verification in this investigation. By
refusing to participate in verification,
Borusan significantly impeded this
proceeding and provided information
that cannot be verified as provided by
section 782(i) of the Act. Thus, for the
final determination, we are basing the
countervailing duty (CVD) rate for
Borusan on facts otherwise available,
pursuant to sections 776(a)(2)(C) and (D)
of the Act. Further, because Borusan did
not cooperate to the best of its ability in
this investigation, we also determine
that an adverse inference is warranted,
pursuant to section 776(b) of the Act. As
adverse facts available (AFA), we have
assigned Borusan a rate of 152.20
percent. For a full discussion of this
issue, see the Issues and Decision
Memorandum.
Suspension of Liquidation
In accordance with section
705(c)(1)(B)(i) of the Act, we calculated
a rate for Toscelik. Section
705(c)(5)(A)(i) of the Act states that, for
companies not individually
investigated, we will determine an ‘‘all
others’’ rate equal to the weightedaverage countervailable subsidy rates
established for exporters and producers
individually investigated, excluding any
zero and de minimis countervailable
subsidy rates, and any rates determined
entirely under section 776 of the Act.
Where the rates for investigated
companies are zero or de minimis, or
based entirely on facts otherwise
available, section 705(c)(5)(A)(ii) of the
Act instructs the Department to
establish an ‘‘all others’’ rate using ‘‘any
reasonable method.’’ As discussed
E:\FR\FM\13OCN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Notices]
[Pages 61369-61371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25988]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-602]
Brass Sheet and Strip From Germany: Final Results of Antidumping
Duty Administrative Review and Final Determination of No Shipments;
2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from Petitioners,\1\ the Department
of Commerce (the Department) is conducting an administrative review of
the antidumping duty order on brass sheet and strip from Germany. The
period of review (POR) is March 1, 2013, through February 28, 2014.\2\
The review covers ten producers or exporters of subject merchandise.\3\
We find that three of the producers or exporters for which the
Department initiated a review, Schwermetall, ThyssenKrupp, and Wieland,
had no shipments during the POR. Further, we find that subject
merchandise has been sold at less than normal value by seven of the
companies subject to this review.\4\ Based on our analysis of the
comments and information received, these final results remain unchanged
from the Preliminary Results.\5\ For the final weighted-average dumping
margin, see the ``Final Results of Review'' section below.
---------------------------------------------------------------------------
\1\ The Petitioners are GBC Metals, LLC of Global Brass and
Copper, Inc., dba Olin Brass, Heyco Metals, Inc., Aurubis Buffalo,
Inc. PMX Industries, Inc. and Revere Copper Products, Inc.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 79 FR
24398 (April 30, 2014) (Initiation).
\3\ The ten producers or exporters include: Aurubis Stolberg
GmbH & Co. KG, Carl Schreiber GmbH, KME Germany AG & Co. KG,
Messingwerk Plettenberg Herfeld GmbH & Co. KG (Messingwerk), MKM
Mansfelder Kupfer & Messing GmbH, Schlenk Metallfolien GmbH & Co.
KG, Schwermetall Halbzeugwerk GmbH & Co. KG (Schwermetall),
Sundwiger Messingwerke GmbH & Co. KG, ThyssenKrupp VDM GmbH
(ThyssenKrupp), and Wieland-Werke AG (Wieland).
\4\ The seven companies include Aurubis Stolberg GmbH & Co. KG,
Carl Schreiber GmbH, KME Germany AG & Co. KG, Messingwerk, MKM
Mansfelder Kupfer & Messing GmbH, Schlenk Metallfolien GmbH & Co.
KG, and Sundwiger Messingwerke GmbH & Co. KG.
\5\ See Brass Sheet and Strip from Germany: Preliminary Results
of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2013-2014, 80 FR 18357 (April 6,
2015) (Preliminary Results), and accompanying ``Preliminary Decision
Memorandum for the Final Results of the Antidumping Duty
Administrative Review: Brass Sheet and Strip from Germany; 2013-
2014'' from Gary Taverman, Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, dated March 31,
2015 (Preliminary Decision Memorandum). The three producers or
exporters which we determine had no shipments are Schwermetall,
ThyssenKrupp, and Wieland.
---------------------------------------------------------------------------
DATES: Effective Date: October 13, 2015.
FOR FURTHER INFORMATION CONTACT: George McMahon or Eric Greynolds, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1167 or (202) 482-6071, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the antidumping duty order is brass
sheet and strip, other than leaded brass and tin brass sheet and strip,
from Germany, which is currently classified under subheading
7409.21.00.50, 7409.21.00.75, 7409.21.00.90, 7409.29.00.50,
7409.29.00.75, and 7409.29.00.90 of the Harmonized Tariff Schedule of
the United States (HTSUS). Although the HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
merchandise subject to the order is dispositive.\6\
---------------------------------------------------------------------------
\6\ For a full description of the scope of the order, see the
``Issues and Decision Memorandum for the Final Results of the
Antidumping Duty Administrative Review: Brass Sheet and Strip from
Germany; 2013-2014'' from Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
dated concurrently with this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Methodology
In accordance with sections 776(a) and (b) of the Tariff Act of
1930, as amended (the Act), we relied on facts available with an
adverse inference with respect to Messingwerk, the sole company
selected for individual examination in this review. Thus, we are
assigning a rate of 55.60 percent as the dumping margin for
Messingwerk.\7\ In making these findings, we relied on facts available
because Messingwerk failed to respond to the Department's antidumping
duty questionnaire, and thus withheld requested information, failed to
provide requested information by the established deadlines, and
significantly impeded this proceeding. See sections 776(a)(1) and
(2)(A)-(C) of the Act. Furthermore, because we determine that
Messingwerk failed to cooperate by not acting to the best of its
ability to comply with the Department's requests for information, we
drew an adverse inference in selecting from among the facts otherwise
available. See section 776(b) of the Act.
---------------------------------------------------------------------------
\7\ For a full description of the Department's selection of the
55.60 percent adverse facts available dumping margin, see Issues and
Decision Memorandum.
---------------------------------------------------------------------------
Additionally, as indicated in the ``Final Results of Review''
section below, we determine that a margin of 22.61 percent applies to
the six firms not selected for individual review. We have determined to
base the dumping margin for the six companies not selected for
individual examination in this review on an average of the range of
certain dumping margins contained in the underlying Petition.\8\ For
further information, see the Preliminary Decision Memorandum \9\ at the
section titled, ``Rate for Non-Examined Companies.''
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\8\ See Brass Sheet and Strip From The Federal Republic of
Germany; Initiation of Antidumping Duty Investigation, 51 FR 11774
(April 7, 1986).
\9\ See the Preliminary Decision Memorandum.
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For a full description of the methodology underlying our
[[Page 61370]]
conclusions, see the Issues and Decision Memorandum. A list of topics
included in the Issues and Decision Memorandum is included in the
Appendix attached to this notice.
The Issues and Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
to all parties in the Central Records Unit, Room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the Internet
at: https://enforcement.trade.gov/frn/.
Final Determination of No Shipments
Based on our analysis of U.S. Customs and Border Protection (CBP)
information and information provided by Schwermetall, ThyssenKrupp, and
Wieland, we determine that Schwermetall, ThyssenKrupp, and Wieland had
no shipments of the subject merchandise, and, therefore, no reviewable
transactions, during the POR. For a full discussion of this
determination, see the Issues and Decision Memorandum.
Final Results of Review
As a result of this review, the Department determines that the
following dumping margins on brass sheet and strip from Germany exist
for the period March 1, 2013, through February 28, 2014:
------------------------------------------------------------------------
Margin
Producer and/or exporter (percent)
------------------------------------------------------------------------
Aurubis Stolberg GmbH & Co. KG.............................. 22.61
Carl Schreiber GmbH......................................... 22.61
KME Germany AG & Co. KG..................................... 22.61
Messingwerk Plettenberg Herfeld GmbH & Co. KG............... 55.60
MKM Mansfelder Kupfer & Messing GmbH........................ 22.61
Schlenk Metallfolien GmbH & Co. KG.......................... 22.61
Sundwiger Messingwerke GmbH & Co. KG........................ 22.61
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), the Department determined, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise,
in accordance with the final results of this review. The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of these final results of review.
We will instruct CBP to apply an ad valorem assessment rate of
55.60 percent to all entries of subject merchandise during the POR
which were produced and/or exported by Messingwerk, and an ad valorem
assessment rate of 22.61 percent to all entries of subject merchandise
during the POR which were produced and/or exported by the six
aforementioned companies which were not selected for individual
examination.
Consistent with the Department's ``automatic assessment''
regulation,\10\ for entries of subject merchandise during the POR
produced by the above-referenced companies, for which the company did
not know that its merchandise was destined for the United States, we
will instruct CBP to liquidate these entries at the all-others rate
established in the less-than fair-value (LTFV) investigation, 7.30
percent,\11\ if there is no rate for the intermediary involved in the
transaction. See Assessment Policy Notice for a full discussion of this
clarification. Further, because ``as entered'' liquidation instructions
do not alleviate the concerns which the Assessment Policy Notice was
intended to address, we find it appropriate in this case to instruct
CBP to liquidate any existing entries of merchandise produced by
Schwermetall, ThyssenKrupp, or Wieland and exported by other parties at
the all others rate base on our determination that Schwermetall,
ThyssenKrupp, and Wieland had no shipments of subject merchandise from
Germany.\12\
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\10\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
\11\ See Antidumping Duty Order: Brass Sheet and Strip From the
Federal Republic of Germany, 52 FR 6997 (March 6, 1987), as amended,
Final Determination of Sales at Less Than Fair Value and Amendment
to Antidumping Duty Order: Brass Sheet and Strip From Germany, 52 FR
35750 (April 8, 1987) (Order).
\12\ See, e.g., Certain Frozen Warmwater Shrimp from India:
Partial Rescission of Antidumping Duty Administrative Review, 73 FR
77610, 77612 (December 19, 2008).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication of the final
results of this administrative review, as provided by section 751(a)(2)
of the Act: (1) The cash deposit rate for respondents noted above will
be the rate established in the final results of this administrative
review; (2) for merchandise exported by manufacturers or exporters not
covered in this administrative review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company
specific rate published for the most recently completed segment of this
proceeding; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the manufacturer is,
the cash deposit rate will be the rate established for the most
recently completed segment of this proceeding for the manufacturer of
the subject merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 7.30 percent, the all-
others rate determined in the less than fair value investigation. These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during the POR. Failure to
comply with this requirement could result in the Department's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of doubled antidumping
duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the 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 these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
[[Page 61371]]
Dated: October 5, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Final Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. No Shipment Determination
V. List of Comments
Comment 1: Whether the Adverse Facts Available (AFA) Rate Is
Probative for the POR
Comment 2: Whether the AFA Rate Is Aberrant
Comment 3: Whether the AFA Rate Is Incorrect Based on
Verification in the Investigation
Comment 4: Whether the AFA Rate Is Supported by the Department's
Rationale
Comment 5: Whether the Department Provided Documentation to KL
USA To Support the AFA Rate
VI. Analysis of Comments
VII. Recommendation
[FR Doc. 2015-25988 Filed 10-9-15; 8:45 am]
BILLING CODE 3510-DS-P
