Brass Sheet and Strip From France: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 75055-75056 [2015-30500]

Download as PDF Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–427–602] Brass Sheet and Strip From France: Preliminary Results of Antidumping Duty Administrative Review; 2014– 2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on brass sheet and strip from France,1 pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act). This review covers two companies, Griset SA (Griset) and KME France SAS (KME France). The period of review (POR) is March 1, 2014, through February 28, 2015. We preliminarily find that subject merchandise has been sold at less than normal value by both Griset and KME France. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: December 1, 2015. FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6312 or (202) 482– 0649, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Scope of the Order The product covered by the orders is brass sheet and strip, other than leaded and tinned brass sheet and strip, from France. The merchandise is currently classified under Harmonized Tariff Schedule of the United States (HTSUS) item numbers 7409.21.00 and 7409.29.00. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.2 The written description is dispositive. Methodology Because both Griset and KME France failed to respond to the Department’s tkelley on DSK3SPTVN1PROD with NOTICES 1 See Antidumping Duty Order; Brass Sheet and Strip From France, 52 FR 6995 (March 6, 1987) (the Order). 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 ‘‘Decision Memorandum for Preliminary Results of the 2014–2015 Antidumping Duty Administrative Review: Brass Sheet and Strip from France’’ (Preliminary Decision Memorandum), dated concurrently with this notice. VerDate Sep<11>2014 23:35 Nov 30, 2015 Jkt 238001 questionnaire, we preliminarily determined to rely on facts available with an adverse inference with respect to Griset and KME France, in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. Thus, we preliminarily assigned a rate of 42.24 percent as the weighted-average dumping margin for both Griset and KME France.3 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is made available to the public 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 Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/ index.html. A list of topics included in the Preliminary Decision Memorandum is included in Appendix I attached to this notice. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review As a result of this review, we preliminarily determine that the following weighted-average dumping margins on brass sheet and strip from France exist for the period March 1, 2014, through February 28, 2015, at the following rates: Estimated weightedaverage dumping margin (Percent) Producer or exporter Griset SA .......................... KME France SAS ............. 42.24 42.24 Disclosure and Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs 3 Because this was an AFA rate derived from the petition in the investigation, the rate was not subject to the Department’s so-called ‘‘zeroing’’ methodology. See Brass Sheet and Strip From France, Italy, and Japan: Final Results of the Expedited Third Sunset Reviews of the Antidumping Duty Orders, 76 FR 39849 (July 7, 2011) and accompanying Issues and Decision memorandum at 1–3 (‘‘History of the Orders’’ section); see also the Order; see also Brass Sheet and Strip from France: Final Determination of Sales at Less than Fair Value, 52 FR 812 (January 9, 1987). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 75055 not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.4 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.5 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days after the date of publication of this notice.6 Requests should contain: (1) The party’s name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. When submitting a document to the Department via the Department’s electronic records system, ACCESS, the document must be received successfully in its entirety by 5 p.m. Eastern Time on the date on which it is due. The Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless extended, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon completion of the administrative review, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. For the final results, if we continue to rely on adverse facts available to establish the weighted-average dumping margins for Griset and KME France, we will instruct U.S. Customs and Border Protection (CBP) to apply an ad valorem assessment rate of 42.24 percent to all entries of subject merchandise during the POR which were produced and/or exported by Griset or KME France. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.7 This clarification will apply to entries of subject merchandise during the POR produced by the respondent for which it did not know its 4 See 19 CFR 351.309(d). 19 CFR 351.303 (for general filing requirements). 6 See 19 CFR 351.310(c). 7 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 5 See E:\FR\FM\01DEN1.SGM 01DEN1 75056 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate un-reviewed entries at the all-others rate if there is no rate for the intermediate company involved in the transaction.8 We intend to issue liquidation instructions to CBP 15 days after publication of the final results of review. Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of brass sheet and strip from France entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for Griset and KME France will be equal to the weighted-average dumping margin established in the final results of this administrative review except if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for merchandise exported by manufacturers or exporters not covered in this 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 in which the manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fairvalue investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of the proceeding for the manufacturer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 42.24 percent ad valorem, the all-others rate established in the less-than-fair-value investigation.9 These cash deposit requirements, when imposed, shall remain in effect until further notice. tkelley on DSK3SPTVN1PROD with NOTICES Notifications to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties 8 Id. 9 See the Order at 52 FR 6996. VerDate Sep<11>2014 23:35 Nov 30, 2015 Jkt 238001 occurred and the subsequent assessment of doubled antidumping duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: November 17, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum A. Summary B. Background C. Scope of the Order D. Discussion of the Methodology 1. Application of Facts Available and Use of Adverse Inference a. Use of Facts Available b. Application of Facts Available With an Adverse Inference c. Selection and Corroboration of Information Used as Facts Available E. Recommendation [FR Doc. 2015–30500 Filed 11–30–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–876, A–489–822] Welded Line Pipe From the Republic of Korea and the Republic of Turkey: Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (the ITC), the Department is issuing antidumping duty orders on welded line pipe from the Republic of Korea (Korea) and the Republic of Turkey (Turkey). DATES: Effective Date: December 1, 2015. FOR FURTHER INFORMATION CONTACT: Ross Belliveau (Korea) or David Crespo (Turkey), AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4952 and (202) 482–3693, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on October 13, 2015, the Department published its affirmative PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 final determinations in the less-thanfair-value (LTFV) investigations of welded line pipe from Korea and Turkey.1 Pursuant to section 735(e) of the Act and 19 CFR 351.224(f), the Department published its amended final determination in the LTFV investigation of welded line pipe from Korea on November 10, 2015.2 On November 20, 2015, the ITC notified the Department of its affirmative determinations that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of welded line pipe from Korea and Turkey.3 Scope of the Orders The merchandise covered by these orders is circular welded carbon and alloy steel (other than stainless steel) pipe of a kind used for oil or gas pipelines (welded line pipe), not more than 24 inches in nominal outside diameter, regardless of wall thickness, length, surface finish, end finish, or stenciling. Welded line pipe is normally produced to the American Petroleum Institute (API) specification 5L, but can be produced to comparable foreign specifications, to proprietary grades, or can be non-graded material. All pipe meeting the physical description set forth above, including multiplestenciled pipe with an API or comparable foreign specification line pipe stencil is covered by the scope of these orders. The welded line pipe that is subject to these orders is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 7305.11.1030, 7305.11.5000, 7305.12.1030, 7305.12.5000, 7305.19.1030, 7305.19.5000, 7306.19.1010, 7306.19.1050, 7306.19.5110, and 7306.19.5150. The subject merchandise may also enter in HTSUS 7305.11.1060 and 7305.12.1060. While the HTSUS subheadings are provided for 1 See Welded Line Pipe From the Republic of Turkey: Final Determination of Sales at Less Than Fair Value, 80 FR 61362 (October 13, 2015) (Turkey Final Determination), and Welded Line Pipe From the Republic of Korea: Final Determination of Sales at Less Than Fair Value, 80 FR 61366 (October 13, 2015). 2 See Welded Line Pipe From the Republic of Korea: Amended Final Determination of Sales at Less Than Fair Value, 80 FR 69637 (November 10, 2015). 3 See Letter to Christian Marsh, Deputy Assistant Secretary of Commerce for Enforcement and Compliance, from Meredith Broadbent, Chairman of the U.S. International Trade Commission, regarding certain welded line pipe from Korea and Turkey (November 20, 2015). See also Certain Welded Line Pipe from Korea and Turkey, USITC Investigation Nos. 701–TA–525 and 731–TA–1260–1261 (Final), USITC Publication 4580 (November 2015). E:\FR\FM\01DEN1.SGM 01DEN1

Agencies

[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Notices]
[Pages 75055-75056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30500]



[[Page 75055]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-602]


Brass Sheet and Strip From France: Preliminary Results of 
Antidumping Duty Administrative Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on brass sheet and 
strip from France,\1\ pursuant to section 751(a)(1) of the Tariff Act 
of 1930, as amended (the Act). This review covers two companies, Griset 
SA (Griset) and KME France SAS (KME France). The period of review (POR) 
is March 1, 2014, through February 28, 2015. We preliminarily find that 
subject merchandise has been sold at less than normal value by both 
Griset and KME France. Interested parties are invited to comment on 
these preliminary results.
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order; Brass Sheet and Strip From 
France, 52 FR 6995 (March 6, 1987) (the Order).

---------------------------------------------------------------------------
DATES: Effective Date: December 1, 2015.

FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6312 or (202) 482-0649, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The product covered by the orders is brass sheet and strip, other 
than leaded and tinned brass sheet and strip, from France. The 
merchandise is currently classified under Harmonized Tariff Schedule of 
the United States (HTSUS) item numbers 7409.21.00 and 7409.29.00.
    A full description of the scope of the order is contained in the 
Preliminary Decision Memorandum.\2\ The written description is 
dispositive.
---------------------------------------------------------------------------

    \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 ``Decision Memorandum for Preliminary Results of the 2014-
2015 Antidumping Duty Administrative Review: Brass Sheet and Strip 
from France'' (Preliminary Decision Memorandum), dated concurrently 
with this notice.
---------------------------------------------------------------------------

Methodology

    Because both Griset and KME France failed to respond to the 
Department's questionnaire, we preliminarily determined to rely on 
facts available with an adverse inference with respect to Griset and 
KME France, in accordance with sections 776(a) and (b) of the Act and 
19 CFR 351.308. Thus, we preliminarily assigned a rate of 42.24 percent 
as the weighted-average dumping margin for both Griset and KME 
France.\3\ For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is made available to the 
public 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 Preliminary Decision Memorandum can be accessed directly on the 
Internet at http://enforcement.trade.gov/frn/index.html. A list of 
topics included in the Preliminary Decision Memorandum is included in 
Appendix I attached to this notice. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \3\ Because this was an AFA rate derived from the petition in 
the investigation, the rate was not subject to the Department's so-
called ``zeroing'' methodology. See Brass Sheet and Strip From 
France, Italy, and Japan: Final Results of the Expedited Third 
Sunset Reviews of the Antidumping Duty Orders, 76 FR 39849 (July 7, 
2011) and accompanying Issues and Decision memorandum at 1-3 
(``History of the Orders'' section); see also the Order; see also 
Brass Sheet and Strip from France: Final Determination of Sales at 
Less than Fair Value, 52 FR 812 (January 9, 1987).
---------------------------------------------------------------------------

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margins on brass sheet and strip 
from France exist for the period March 1, 2014, through February 28, 
2015, at the following rates:

------------------------------------------------------------------------
                                                            Estimated
                                                            weighted-
                 Producer or exporter                   average  dumping
                                                             margin
                                                            (Percent)
------------------------------------------------------------------------
Griset SA.............................................             42.24
KME France SAS........................................             42.24
------------------------------------------------------------------------

Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\4\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\5\ Pursuant to 19 CFR 351.310(c), interested parties who 
wish to request a hearing must submit a written request to the 
Assistant Secretary for Enforcement and Compliance within 30 days after 
the date of publication of this notice.\6\ Requests should contain: (1) 
The party's name, address and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.309(d).
    \5\ See 19 CFR 351.303 (for general filing requirements).
    \6\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    When submitting a document to the Department via the Department's 
electronic records system, ACCESS, the document must be received 
successfully in its entirety by 5 p.m. Eastern Time on the date on 
which it is due.
    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of the 
issues raised in any written briefs, not later than 120 days after the 
date of publication of this notice, unless extended, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this review. 
For the final results, if we continue to rely on adverse facts 
available to establish the weighted-average dumping margins for Griset 
and KME France, we will instruct U.S. Customs and Border Protection 
(CBP) to apply an ad valorem assessment rate of 42.24 percent to all 
entries of subject merchandise during the POR which were produced and/
or exported by Griset or KME France.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\7\ This clarification will apply to entries of subject 
merchandise during the POR produced by the respondent for which it did 
not know its

[[Page 75056]]

merchandise was destined for the United States. In such instances, we 
will instruct CBP to liquidate un-reviewed entries at the all-others 
rate if there is no rate for the intermediate company involved in the 
transaction.\8\
---------------------------------------------------------------------------

    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \8\ Id.
---------------------------------------------------------------------------

    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of brass sheet and strip from France entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication as provided by section 751(a)(2) of the Act: (1) The cash 
deposit rate for Griset and KME France will be equal to the weighted-
average dumping margin established in the final results of this 
administrative review except if the rate is de minimis within the 
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate 
will be zero; (2) for merchandise exported by manufacturers or 
exporters not covered in this 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 in which the manufacturer or exporter participated; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the original less-than-fair-value investigation but the manufacturer 
is, the cash deposit rate will be the rate established for the most 
recently completed segment of the proceeding for the manufacturer of 
the merchandise; (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 42.24 percent ad valorem, the all-
others rate established in the less-than-fair-value investigation.\9\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
---------------------------------------------------------------------------

    \9\ See the Order at 52 FR 6996.
---------------------------------------------------------------------------

Notifications to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 17, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

A. Summary
B. Background
C. Scope of the Order
D. Discussion of the Methodology
    1. Application of Facts Available and Use of Adverse Inference
    a. Use of Facts Available
    b. Application of Facts Available With an Adverse Inference
    c. Selection and Corroboration of Information Used as Facts 
Available
E. Recommendation

[FR Doc. 2015-30500 Filed 11-30-15; 8:45 am]
BILLING CODE 3510-DS-P