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]

Download as PDF 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 13OCN1 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 http://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: http:// enforcement.trade.gov/frn/index.html. 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 13OCN1 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 http://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 http:// enforcement.trade.gov/frn/index.html. 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 Frm 00038 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 13OCN1

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]


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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.
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    \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.

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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\
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    \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).
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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.
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    \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.
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    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 http://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: http://enforcement.trade.gov/frn/index.html.

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