Brass Rod From Brazil, India, Israel, Mexico, the Republic of Korea, and South Africa: Initiation of Less-Than-Fair-Value Investigations, 33575-33580 [2023-11002]
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Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Notices
Dated: May 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this
investigation is certain seamed (welded or
brazed), non-refillable steel cylinders
meeting the requirements of, or produced to
meet the requirements of, U.S. Department of
Transportation specification 39,
TransportCanada specification 39M, or
United Nations pressure receptacle standard
ISO 11118 and otherwise meeting the
description provided below (non-refillable
steel cylinders). The subject non-refillable
steel cylinders are portable and range from
100-cubic inch (1.6 liter) water capacity to
1,526-cubic inch (25 liter) water capacity.
Subject non-refillable steel cylinders may be
imported with or without a valve and/or
pressure release device and are unfilled at
the time of importation. Non-refillable steel
cylinders filled with pressurized air
otherwise meeting the physical description
above are covered by this investigation.
Specifically excluded are seamless nonrefillable steel cylinders.
The merchandise subject to this
investigation is properly classified under
statistical reporting numbers 7311.00.0060
and 7311.00.0090 of the Harmonized Tariff
Schedule of the United States (HTSUS). The
merchandise may also enter under HTSUS
statistical reporting numbers 7310.29.0030
and 7310.29.0065. Although the HTSUS
statistical reporting numbers are provided for
convenience and customs purposes, the
written description of the merchandise is
dispositive.
[FR Doc. 2023–11003 Filed 5–23–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–859, A–533–915, A–508–814, A–201–
858, A–580–916, A–791–828]
Brass Rod From Brazil, India, Israel,
Mexico, the Republic of Korea, and
South Africa: Initiation of Less-ThanFair-Value Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable May 17, 2023.
FOR FURTHER INFORMATION CONTACT:
Claudia Cott (Brazil), Christopher
Williams (India), Andrew Hart (Israel),
Frank Schmitt (Mexico), Krisha Hill or
Drew Jackson (the Republic of Korea
(Korea)), and Dmitry Vladimirov (South
Africa), AD/CVD Operations, Offices I,
II, IV, and VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
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AGENCY:
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NW, Washington, DC 20230; telephone:
(202) 482–4270, (202) 482–5166, (202)
482–1058, (202) 482–4880, (202) 482–
4307 or (202) 482–4406, and (202) 482–
0665, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On April 27, 2023, the U.S.
Department of Commerce (Commerce)
received antidumping duty (AD)
petitions concerning imports of brass
rod from Brazil, India, Israel, Mexico,
Korea, and South Africa, filed in proper
form on behalf of the American Brass
Rod Fair Trade Coalition and its
constituent members, Mueller Brass Co.
and Wieland Chase LLC, U.S.,
producers of brass rod (collectively, the
petitioners).1 These AD petitions were
accompanied by countervailing duty
(CVD) petitions concerning imports of
brass rod from India, Israel, and Korea.2
In May 2023, Commerce requested
supplemental information pertaining to
certain aspects of the Petitions.3
1 See Petitioners’ Letter, ‘‘Brass Rod from Brazil,
India, Israel, Mexico, South Africa, and South
Korea: Antidumping and Countervailing Duty
Petitions,’’ dated April 27, 2023 (Petitions).
2 Id.
3 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping Duties on Imports of
Brass Rod from Brazil, India, Israel, Mexico, the
Republic of Korea, and South Africa and
Countervailing Duties on Imports from India, Israel,
and the Republic of Korea: Supplemental
Questions,’’ dated May 2, 2023 (General Issues
Supplemental Questionnaire); ‘‘Petitions for the
Imposition of Antidumping Duties on Imports of
Brass Rod from Brazil, India, Israel, the Republic of
Korea, Mexico, and South Africa and
Countervailing Duties on Imports from India, Israel,
and the Republic of Korea: Supplemental
Questions,’’ dated May 10, 2023 (Second General
Issues Supplemental Questionnaire); ‘‘Petition for
the Imposition of Antidumping Duties on Imports
of Brass Rod from Brazil: Supplemental Questions,’’
dated May 2, 2023; ‘‘Petition for the Imposition of
Antidumping Duties on Imports of Brass Rod from
Brazil: 2nd Supplemental Questions,’’ dated May 9,
2023; ‘‘Petition for the Imposition of Antidumping
Duties on Imports of Brass Rod from the Republic
of Korea: Supplemental Questions,’’ dated May 2,
2023; ‘‘Petition for the Imposition of Antidumping
Duties on Imports of Brass Rod from the Republic
of Korea: Supplemental Questions,’’ dated May 9,
2023; ‘‘Petition for the Imposition of Antidumping
Duties on Imports of Brass Rod from the Republic
of Korea: Supplemental Questions,’’ dated May 12,
2023; ‘‘Petition for the Imposition of Antidumping
Duties on Imports of Brass Rod from the Republic
of Korea: Supplemental Questions,’’ dated May 15,
2023; ‘‘Petition for the Imposition of Antidumping
Duties on Imports of Brass Rod from South Africa:
Supplemental Questions,’’ dated May 2, 2023;
‘‘Petition for the Imposition of Antidumping Duties
on Imports of Brass Rod from South Africa: Second
Set of Supplemental Questions,’’ dated May 9,
2023; ‘‘Petition for the Imposition of Antidumping
Duties on Imports of Brass Rod from South Africa:
Third Set of Supplemental Questions,’’ dated May
15, 2023; ‘‘Petition for the Imposition of
Antidumping Duties on Imports of Brass Rod from
India: Supplemental Questions,’’ dated May 2,
2023; ‘‘Petition for the Imposition of Antidumping
Duties on Imports of Brass Rod from India:
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Additionally, in May 2023, the
petitioners filed timely responses to
these requests for additional
information.4
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that imports
of brass rod from Brazil, India, Israel,
Mexico, Korea, and South Africa are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV) within the meaning of section
731 of the Act, and that imports of such
products are materially injuring, or
threatening material injury to, the brass
rod industry in the United States.
Consistent with section 732(b)(1) of the
Act, the Petitions are accompanied by
information reasonably available to the
petitioners supporting their allegations.
Commerce finds that the petitioners
filed the Petitions on behalf of the
domestic industry, because the
petitioners are interested parties, as
defined in sections 771(9)(C) and (F) of
the Act.5 Commerce also finds that the
petitioners demonstrated sufficient
industry support for the initiation of the
requested AD investigations.6
Periods of Investigation
Because the Petitions were filed on
April 27, 2023, pursuant to 19 CFR
351.204(b)(1), the periods of
investigation (POI) for the Brazil, India,
Supplemental Questions,’’ dated May 9, 2023;
‘‘Petition for the Imposition of Antidumping Duties
on Imports of Brass Rod from India: Third Set of
Supplemental Questions,’’ dated May 15, 2023;
Petition for the Imposition of Antidumping Duties
on Imports of Brass Rod from Israel: Supplemental
Questions,’’ dated May 2, 2023; ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Brass Rod from Israel: Second Supplemental
Questionnaire,’’ dated May 9, 2023; ‘‘Petition for
the Imposition of Antidumping Duties on Imports
of Brass Rod from Mexico: Supplemental
Questions,’’ dated May 2, 2023; ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Brass Rod from Mexico: Second Set of
Supplemental Questions,’’ dated May 9, 2023; and
‘‘Petition for the Imposition of Antidumping Duties
on Imports of Brass Rod from Mexico: Third Set of
Supplemental Questions,’’ dated May 15, 2023.
4 See Petitioners’ Letters, ‘‘Brass Rod from Brazil,
India, Israel, Mexico, South Africa, and South
Korea: Amendment of Petitions and Response to
Commerce’s Supplemental Questions,’’ dated May
8, 2023 (General Issues Supplement), at Volumes I
and II; ‘‘Brass Rod from Brazil, India, Israel, Mexico,
South Africa, and South Korea: Second Amendment
of Petitions and Response to Commerce’s
Supplemental Questions’’ dated May 11, 2023
(Scope Supplement), at Volumes I and II; ‘‘Brass
Rod from Brazil, India, Israel, Mexico, South Africa,
and South Korea: Third Amendment of Petitions
and Response to Commerce’s Supplemental
Questions,’’ dated May 15, 2023; and ‘‘Brass Rod
from Brazil, India, Israel, Mexico, South Africa, and
South Korea: Fourth Amendment of Petitions and
Response to Commerce’s Supplemental Questions,’’
dated May 16, 2023.
5 See Petitions at Volume I (pages 3–4).
6 See the section on ‘‘Industry Support for the
Petitions,’’ infra.
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Israel, Mexico, Korea, and South Africa
AD investigations are April 1, 2022,
through March 31, 2023.
Scope of the Investigations
The products covered by these
investigations are brass rod from Brazil,
India, Israel, Mexico, Korea, and South
Africa. For a full description of the
scope of these investigations, see the
appendix to this notice.
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Comments on the Scope of the
Investigations
On May 2 and 10, 2023, Commerce
requested further information and
clarification from the petitioners
regarding the proposed scope to ensure
that the scope language in the Petitions
is an accurate reflection of the products
for which the domestic industry is
seeking relief.7 On May 8 and 11, 2023,
the petitioners revised the scope.8 The
description of the merchandise covered
by these investigations, as described in
the appendix to this notice, reflects
these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period of time for interested
parties to raise issues regarding product
coverage (i.e., scope).9 Commerce will
consider all comments received from
interested parties and, if necessary, will
consult with interested parties prior to
the issuance of the preliminary
determinations. If scope comments
include factual information,10 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on June 6, 2023,
which is 20 calendar days from the
signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on June 16, 2023, which
is 10 calendar days from the initial
comment deadline.
Commerce requests that any factual
information that parties consider
relevant to the scope of the
investigations be submitted during that
period. However, if a party subsequently
finds that additional factual information
pertaining to the scope of the
investigations may be relevant, the party
may contact Commerce and request
7 See General Issues Supplemental Questionnaire
at 3–4; see also Second General Issues
Supplemental Questionnaire at 3.
8 See General Issues Supplement; see also Scope
Supplement.
9 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
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permission to submit the additional
information. All such submissions must
be filed simultaneously on the records
of the concurrent AD and CVD
investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.11 An
electronically-filed document must be
received successfully in its entirety by
the time and date it is due.12
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of brass rod to be reported in response
to Commerce’s AD questionnaires. This
information will be used to identify the
key physical characteristics of the
subject merchandise in order to report
the relevant costs of production (COP)
accurately, as well as to develop
appropriate product comparison criteria
where appropriate.
Subsequent to the publication of this
notice, Commerce intends to release a
proposed list of physical characteristics
and product-comparison criteria, and
interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) general
product characteristics; and (2) product
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
brass rod, it may be that only a select
few product characteristics take into
account commercially meaningful
physical characteristics. In addition,
interested parties may comment on the
order in which the physical
11 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
12 See 19 CFR 351.303(b)(1).
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characteristics should be used in
matching products. Generally,
Commerce attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on June 6, 2023,
which is 20 calendar days from the
signature date of this notice. Any
rebuttal comments must be filed by 5:00
p.m. ET on June 16, 2023, which is ten
calendar days from the initial comment
deadline. All comments and
submissions to Commerce must be filed
electronically using ACCESS, as
explained above, on the record of each
of the AD investigations.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The U.S. International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
Commerce and the ITC must apply the
same statutory definition regarding the
domestic like product,13 they do so for
13 See
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different purposes and pursuant to a
separate and distinct authority. In
addition, Commerce’s determination is
subject to limitations of time and
information. Although this may result in
different definitions of the like product,
such differences do not render the
decision of either agency contrary to
law.14
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigations.15 Based on our analysis
of the information submitted on the
record, we have determined that brass
rod, as defined in the scope, constitutes
a single domestic like product, and we
have analyzed industry support in terms
of that domestic like product.16
In determining whether the
petitioners have standing under section
732(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of the Investigations,’’ in the
appendix to this notice. To establish
industry support, the petitioners
provided their own production of brass
rod in 2022 and compared this to the
total 2022 production of brass rod by the
U.S. industry.17 We relied on data
provided by the petitioners for purposes
of measuring industry support.18
14 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
15 See Petitions at Volume I (pages 19–20); see
also General Issues Supplement at 5–7.
16 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see AD Investigation
Initiation Checklists, ‘‘Brass Rod from Brazil, India,
Israel, the Republic of Korea, Mexico, and South
Africa,’’ dated concurrently with this notice
(Country-Specific AD Initiation Checklists), at
Attachment II (Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions
Covering Brass Rod from Brazil, India, Israel, the
Republic of Korea, Mexico, and South Africa).
17 See Petitions at Volume I (pages 4–5 and
Exhibit GEN–1); see also General Issues
Supplement at 5 and Exhibit SUPP1–GEN–3.
18 See Petitions at Volume I (pages 3–5 and
Exhibit GEN–1); see also General Issues
Supplement at 5 and Exhibit SUPP1–GEN–3. For
further discussion, see Country-Specific AD
Initiation Checklists at Attachment II.
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Our review of the data provided in the
Petitions, the General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioners have established
industry support for the Petitions.19
First, the Petitions established support
from domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).20 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.21 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act,
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.22 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(b)(1)
of the Act.23
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioners allege that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.24
The petitioners contend that the
industry’s injured condition is
illustrated by the significant volume of
subject imports; reduced market share;
underselling and price depression and/
or suppression; lost sales and revenues;
adverse impact on the domestic
industry’s operations, financial
performance, production, commercial
19 Id.
20 See Country-Specific AD Initiation Checklists
at Attachment II; see also section 732(c)(4)(D) of the
Act.
21 See Country-Specific AD Initiation Checklists
at Attachment II.
22 Id.
23 Id.
24 See Petitions at Volume I (pages 21–22 and
Exhibit GEN–5); see also General Issues
Supplement at 7 and Exhibit SUPP1–GEN–4.
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shipments, capacity utilization, and
employment variables; and adverse
impact on the domestic industry’s
financial performance.25 We assessed
the allegations and supporting evidence
regarding material injury, threat of
material injury, causation, as well as
negligibility, and we have determined
that these allegations are properly
supported by adequate evidence and
meet the statutory requirements for
initiation.26 In accordance with section
771(7)(G)(ii)(IV) of the Act, which states
that the ITC cannot cumulate imports
‘‘from any country that is party to an
agreement with the United States
establishing a free trade area, which
entered into force and effect before
January 1, 1987, unless the {ITC}
determines that a domestic industry is
materially injured or threatened with
material injury by reason of imports
from that country,’’ we considered the
petitioners’ allegation of injury with
respect to Israel, a party to an agreement
with the United States establishing a
free trade area in place and effect before
January 1, 1987, independently of the
allegations for Brazil, India, Korea,
Mexico, and South Africa and found
that the information provided satisfies
the requirements for initiation.27
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
AD investigations of imports of brass
rod from Brazil, India, Israel, Mexico,
Korea, and South Africa. The sources of
data for the deductions and adjustments
relating to U.S. price and normal value
(NV) are discussed in greater detail in
the Country-Specific AD Initiation
Checklists.
U.S. Price
For Israel, the petitioners based export
price (EP) on pricing information
obtained through market research for
brass rod sold in Israel and offered for
sale in the United States. The
25 See Petitions at Volume I (pages 1–2, 21–41,
and Exhibits GEN–5 through GEN–25); see also
General Issues Supplement at 7–8 and Exhibits
SUPP1–GEN–4 and SUPP1–GEN–5.
26 See Country-Specific AD Initiation Checklists
at Attachment III (Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Brass Rod from Brazil, India, Israel, the
Republic of Korea, Mexico, and South Africa).
27 See Country-Specific AD Initiation Checklists
at Attachment III; see also section 771(7)(G)(ii)(IV)
of the Act; and Statement of Administrative Action
Accompanying the Uruguay Round Agreements
Act, H.R. Doc. 103–216, Vol. 1 (1994), at 850
(‘‘Imports from Israel may not be cumulated with
imports from other countries unless the {ITC} first
determines that the domestic industry is materially
injured by reason of such imports from Israel.’’).
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petitioners made certain adjustments to
U.S. price to calculate a net ex-factory
U.S. price, where appropriate.28
For Brazil, India, and Korea, the
petitioners based EP on transactionspecific average unit values (AUV) (i.e.,
month- and port-specific AUVs) derived
from official import data and tied to
ship manifest data. For these countries,
the petitioners did not make any
adjustments to U.S. price to calculate a
net ex-factory U.S. price.29
For Mexico and South Africa, the
petitioners based EP on the AUVs
derived from official import data for
imports of brass rod from Mexico/South
Africa into the United States during the
POI. The petitioners did not make any
adjustments to U.S. price to calculate a
net ex-factory U.S. price.30
Normal Value 31
For Brazil, Israel, and Mexico, the
petitioners based NV on home market
prices obtained through market research
for brass rod produced in and sold, or
offered for sale, in each country during
the applicable time period.32 Further,
for Mexico, the petitioners made certain
adjustments to home market price to
calculate a net ex-factory home market
price, where appropriate.33
For India, Korea, and South Africa,
the petitioners stated they were unable
to obtain home market or third country
pricing information for brass rod to use
as a basis for NV.34 Therefore, for India,
Korea, and South Africa, the petitioners
calculated NV based on constructed
value (CV).35 For further discussion of
CV, see the section ‘‘Normal Value
Based on Constructed Value,’’ below.
Normal Value Based on Constructed
Value
As noted above, for India, Korea, and
South Africa, the petitioners were
unable to obtain home market or third
country pricing information for brass
rod to use as the basis for NV.
Accordingly, the petitioners based NV
on CV. Pursuant to section 773(e) of the
Act, the petitioners calculated CV as the
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28 See
Israel AD Initiation Checklist.
29 See Brazil, India, Mexico, and Korea CountrySpecific AD Initiation Checklists.
30 See Mexico and South Africa Country-Specific
AD Initiation Checklists.
31 In accordance with section 773(b)(2) of the Act,
for these investigations, Commerce will request
information necessary to calculate the constructed
value and COP to determine whether there are
reasonable grounds to believe or suspect that sales
of the foreign like product have been made at prices
that represent less than the COP of the product.
32 See Country-Specific AD Initiation Checklists.
33 See Petitions at Volume II (pages 6–7 and
Exhibit AD–5).
34 See Country-Specific AD Initiation Checklists.
35 Id.
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sum of the cost of manufacturing,
selling, general, and administrative
(SG&A) expenses, financial expenses,
and profit.36
In calculating the cost of
manufacturing, the petitioners relied on
the production experience and input
consumption rates of a U.S. producer of
brass rod, valued using publiclyavailable information applicable to each
respective country.37 In calculating
SG&A expenses, financial expenses, and
profit ratios (where applicable), the
petitioners relied on the calendar year
2022 financial statements of a producer
of identical merchandise domiciled in
each respective subject country or a
third country, where appropriate.38
Fair Value Comparisons
Based on the data provided by the
petitioners, there is reason to believe
that imports of brass rod from Brazil,
India, Israel, Mexico, Korea, and South
Africa, are being, or are likely to be, sold
in the United States at LTFV. Based on
comparisons of EP to NV in accordance
with sections 772 and 773 of the Act,
the estimated dumping margins for
brass rod for each of the countries
covered by this initiation are as follows:
(1) Brazil—77.14 percent; (2) India—
16.52 percent; (3) Israel—40.12 percent;
(4) Mexico—29.43 percent; (5) Korea—
20.82; and (6) South Africa—20.99
percent.39
Initiation of LTFV Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating AD investigations to
determine whether imports of brass rod
from Brazil, India, Israel, Mexico, Korea,
and South Africa are being, or are likely
to be, sold in the United States at LTFV.
In accordance with section 733(b)(1)(A)
of the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determinations no later
than 140 days after the date of these
initiations.
Respondent Selection
In the Petitions, the petitioners
identified one company each in Brazil,
India, Israel, and South Africa as
producers/exporters of brass rod, and
two companies each in Mexico and
Korea, as producers/exporters of brass
rod.40 Following standard practice in
36 Id.
37 Id.
38 Id.
39 See Country-Specific AD Initiation Checklists
for details of the calculations.
40 See Petitions at Volume I (pages 12–14 and
Exhibit GEN–3).
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AD investigations involving market
economy countries, in the event
Commerce determines that the number
of exporters or producers is large such
that Commerce cannot individually
examine each company based on its
resources, where appropriate,
Commerce intends to select mandatory
respondents in these cases based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports under the
appropriate Harmonized Tariff Schedule
of the United States subheadings listed
in the ‘‘Scope of the Investigations,’’ in
the appendix.
On May 16, 2023, Commerce released
CBP data on imports of brass rod from
Brazil, India, Israel, Mexico, Korea, and
South Africa under administrative
protective order (APO) to all parties
with access to information protected by
APO and indicated that interested
parties wishing to comment on CBP data
and/or respondent selection must do so
within three business days of the
publication date of the notice of
initiation of these investigations.41
Comments must be filed electronically
using ACCESS. An electronically-filed
document must be received successfully
in its entirety via ACCESS by 5:00 p.m.
ET on the specified deadline. Commerce
will not accept rebuttal comments
regarding the CBP data or respondent
selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://access.trade.gov/Resources/
Administrative_Protective_Order.aspx.
Distribution of Copies of the Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petitions have been provided to
the governments of Brazil, India, Israel,
Mexico, Korea, and South Africa via
ACCESS. To the extent practicable, we
will attempt to provide a copy of the
41 See Memoranda, ‘‘Antidumping Duty Petition
on Imports of Brass Rod from Brazil: Release of U.S.
Customs and Border Protection Data,’’ dated May
16, 2023; ‘‘Antidumping Duty Petition on Imports
of Brass Rod from India: Release of U.S. Customs
and Border Protection Data,’’ dated May 16, 2023;
‘‘Antidumping Duty Petition on Imports of Brass
Rod from Israel: Release of U.S. Customs and
Border Protection Data,’’ dated May 16, 2023;
‘‘Antidumping Duty Petition on Imports of Brass
Rod from Mexico: Release of U.S. Customs and
Border Protection Data,’’ dated May 16, 2023;
‘‘Antidumping Duty Petition on Imports of Brass
Rod from the Republic of Korea: Release of U.S.
Customs and Border Protection Data,’’ dated May
16, 2023; and ‘‘Antidumping Duty Petition on
Imports of Brass Rod from South Africa: Release of
U.S. Customs and Border Protection Data,’’ dated
May 16, 2023.
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public version of the AD Petitions to
each exporter named in the Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its
initiation, as required by section 732(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
is a reasonable indication that imports
of brass rod from Brazil, India, Israel,
Mexico, Korea, and/or South Africa, are
materially injuring, or threatening
material injury to, a U.S. industry.42 A
negative ITC determination for any
country will result in the investigation
being terminated with respect to that
country.43 Otherwise, these AD
investigations will proceed according to
statutory and regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 44 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.45 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in these
investigations.
ddrumheller on DSK120RN23PROD with NOTICES1
Particular Market Situation Allegation
Section 773(e) of the Act addresses
the concept of particular market
situation (PMS) for purposes of CV,
stating that ‘‘if a particular market
42 See
section 733(a) of the Act.
43 Id.
44 See
45 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
VerDate Sep<11>2014
18:38 May 23, 2023
Jkt 259001
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor
19 CFR 351.301(c)(2)(v), sets a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
respondent’s initial response to section
D of Commerce’s AD questionnaire.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, Commerce may elect to
specify a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, Commerce will inform
parties in a letter or memorandum of the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. An extension
request must be made in a separate,
standalone submission; under limited
circumstances, Commerce will grant
untimely filed requests for the extension
of time limits, where we determine,
based on 19 CFR 351.302, that
extraordinary circumstances exist.
Parties should review Commerce’s
regulations concerning the extension of
time limits and the Time Limits Final
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Frm 00019
Fmt 4703
Sfmt 4703
33579
Rule prior to submitting factual
information in these investigations.46
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.47
Parties must use the certification
formats provided in 19 CFR
351.303(g).48 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in these
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letter of appearance). Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.49
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: May 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Investigations
The products covered by these
investigations are brass rod and bar (brass
rod), which is defined as leaded, low-lead,
and no-lead solid brass made from alloys
such as, but not limited to the following
alloys classified under the Unified
Numbering System (UNS) as C27450,
C27451, C27460, C34500, C35000, C35300,
C35330, C36000, C36300, C37000, C37700,
C48500, C67300, C67600, and C69300, and
their international equivalents.
The brass rod subject to these
investigations has an actual cross-section or
outside diameter greater than 0.25 inches but
less than or equal to 12 inches. Brass rod
cross-sections may be round, hexagonal,
46 See 19 CFR 351.302; see also, e.g., Extension
of Time Limits; Final Rule, 78 FR 57790 (September
20, 2013) (Time Limits Final Rule), available at
https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm.
47 See section 782(b) of the Act.
48 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
49 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
E:\FR\FM\24MYN1.SGM
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Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Notices
square, or octagonal shapes as well as special
profiles (e.g., angles, shapes).
Standard leaded brass rod covered by the
scope contains, by weight, 57.0–65.0 percent
copper; 0.5–3.0 percent lead; no more than
1.3 percent iron; and at least 15 percent zinc.
No-lead or low-lead brass rod covered by the
scope contains by weight 59.0–76.0 percent
copper; 0–1.5 percent lead; no more than
0.35 percent iron; and at least 15 percent
zinc. Brass rod may also include other
chemical elements (e.g., nickel, phosphorous,
silicon, tin, etc.).
Brass rod may be in straight lengths or
coils. Brass rod covered by these
investigations may be finished or unfinished,
and may or may not be heated, extruded,
pickled, or cold-drawn. Brass rod may be
produced in accordance with ASTM B16,
ASTM B124, ASTM B981, ASTM B371,
ASTM B453, ASTM B21, ASTM B138, and
ASTM B927, but such conformity to an
ASTM standard is not required for the
merchandise to be included within the scope.
Excluded from the scope of these
investigations is brass ingot, which is a
casting of unwrought metal unsuitable for
conversion into brass rod without remelting,
that contains, by weight, at least 57.0 percent
copper and 15.0 percent zinc.
The merchandise covered by these
investigations is currently classifiable under
subheadings 7407.21.9000, 7407.21.7000,
and 7407.21.1500 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Products subject to the scope may also enter
under HTSUS subheadings 7403.21.0000,
7407.21.3000, and 7407.21.5000. The HTSUS
subheadings and UNS alloy designations are
provided for convenience and customs
purposes. The written description of the
scope of the investigations is dispositive.
International Trade Administration
received a countervailing duty (CVD)
petition concerning imports of certain
non-refillable steel cylinders (cylinders)
from India filed in proper form on
behalf of Worthington Industries (the
petitioner), a U.S. producer of
cylinders.1 The CVD petition was
accompanied by an antidumping duty
(AD) petition concerning imports of
cylinders from India.2
On May 1 and 2, 2023, Commerce
requested supplemental information
pertaining to certain aspects of the
Petition.3 On May 5 and 8, 2023, the
petitioner filed timely responses to
these requests for additional
information.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Government of India (GOI) is providing
countervailable subsidies, within the
meaning of sections 701 and 771(5) of
the Act, to producers of cylinders in
India, and that such imports are
materially injuring, or threatening
material injury to, the domestic industry
producing cylinders in the United
States. Consistent with section 702(b)(1)
of the Act and 19 CFR 351.202(b), for
those alleged programs on which we are
initiating a CVD investigation, the
Petition is supported by information
reasonably available to the petitioner.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry because the
petitioner is an interested party as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support with respect to the initiation of
the requested CVD investigation.5
[C–533–913]
Period of Investigation
[FR Doc. 2023–11002 Filed 5–23–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Certain Non-Refillable Steel Cylinders
From India: Initiation of Countervailing
Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable May 17, 2023.
FOR FURTHER INFORMATION CONTACT:
Shane Subler or Zachariah Hall, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6241
and (202) 482–6261, respectively.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
The Petition
On April 27, 2023, the U.S.
Department of Commerce (Commerce)
VerDate Sep<11>2014
18:38 May 23, 2023
Jkt 259001
Because the Petition was filed on
April 27, 2023, the period of
1 See Petitioner’s Letter, ‘‘Certain Non-Refillable
Cylinders from India—Petition for the Imposition of
Antidumping and Countervailing Duties,’’ dated
April 27, 2023 (Petition).
2 Id.
3 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Non-Refillable Steel
Cylinders from India: Supplemental Questions,’’
dated May 1, 2023; and ‘‘Petition for the Imposition
of Countervailing Duties on Imports of Certain NonRefillable Steel Cylinders from India: Supplemental
Questions,’’ dated May 2, 2023.
4 See Petitioner’s Letters, ‘‘Certain Non-Refillable
Steel Cylinders from India—Petitioner’s
Amendment to Volume I Relating to General and
Injury Information,’’ dated May 3, 2023 (General
Issues Supplement); and ‘‘Certain Non-Refillable
Steel Cylinders from India—Petitioner’s
Amendment to Volume III Relating to
Countervailing Duties,’’ dated May 8, 2023.
5 See ‘‘Determination of Industry Support for the
Petition’’ section, infra.
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Frm 00020
Fmt 4703
Sfmt 4703
investigation (POI) is January 1, 2022,
through December 31, 2022.6
Scope of the Investigation
The products covered by the
investigation are cylinders from India.
For a full description of the scope of this
investigation, see the appendix to this
notice.
Comments on the Scope of the
Investigation
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).7 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information, all such
factual information should be limited to
public information.8 To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on June 6, 2023,
which is 20 calendar days from the
signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on June 16, 2023, which
is 10 calendar days from the initial
comment deadline.
Commerce requests that any factual
information that the parties consider
relevant to the scope of the investigation
be submitted during this time period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
also be filed simultaneously on the
record of the concurrent AD and CVD
investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.9 An
6 See
19 CFR 351.204(b)(2).
Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
8 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
9 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014), for details
of Commerce’s electronic filing requirements,
7 See
E:\FR\FM\24MYN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Notices]
[Pages 33575-33580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11002]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-859, A-533-915, A-508-814, A-201-858, A-580-916, A-791-828]
Brass Rod From Brazil, India, Israel, Mexico, the Republic of
Korea, and South Africa: Initiation of Less-Than-Fair-Value
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 17, 2023.
FOR FURTHER INFORMATION CONTACT: Claudia Cott (Brazil), Christopher
Williams (India), Andrew Hart (Israel), Frank Schmitt (Mexico), Krisha
Hill or Drew Jackson (the Republic of Korea (Korea)), and Dmitry
Vladimirov (South Africa), AD/CVD Operations, Offices I, II, IV, and
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-4270, (202) 482-5166, (202) 482-1058,
(202) 482-4880, (202) 482-4307 or (202) 482-4406, and (202) 482-0665,
respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On April 27, 2023, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of brass
rod from Brazil, India, Israel, Mexico, Korea, and South Africa, filed
in proper form on behalf of the American Brass Rod Fair Trade Coalition
and its constituent members, Mueller Brass Co. and Wieland Chase LLC,
U.S., producers of brass rod (collectively, the petitioners).\1\ These
AD petitions were accompanied by countervailing duty (CVD) petitions
concerning imports of brass rod from India, Israel, and Korea.\2\
---------------------------------------------------------------------------
\1\ See Petitioners' Letter, ``Brass Rod from Brazil, India,
Israel, Mexico, South Africa, and South Korea: Antidumping and
Countervailing Duty Petitions,'' dated April 27, 2023 (Petitions).
\2\ Id.
---------------------------------------------------------------------------
In May 2023, Commerce requested supplemental information pertaining
to certain aspects of the Petitions.\3\ Additionally, in May 2023, the
petitioners filed timely responses to these requests for additional
information.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping Duties on Imports of Brass Rod from Brazil, India,
Israel, Mexico, the Republic of Korea, and South Africa and
Countervailing Duties on Imports from India, Israel, and the
Republic of Korea: Supplemental Questions,'' dated May 2, 2023
(General Issues Supplemental Questionnaire); ``Petitions for the
Imposition of Antidumping Duties on Imports of Brass Rod from
Brazil, India, Israel, the Republic of Korea, Mexico, and South
Africa and Countervailing Duties on Imports from India, Israel, and
the Republic of Korea: Supplemental Questions,'' dated May 10, 2023
(Second General Issues Supplemental Questionnaire); ``Petition for
the Imposition of Antidumping Duties on Imports of Brass Rod from
Brazil: Supplemental Questions,'' dated May 2, 2023; ``Petition for
the Imposition of Antidumping Duties on Imports of Brass Rod from
Brazil: 2nd Supplemental Questions,'' dated May 9, 2023; ``Petition
for the Imposition of Antidumping Duties on Imports of Brass Rod
from the Republic of Korea: Supplemental Questions,'' dated May 2,
2023; ``Petition for the Imposition of Antidumping Duties on Imports
of Brass Rod from the Republic of Korea: Supplemental Questions,''
dated May 9, 2023; ``Petition for the Imposition of Antidumping
Duties on Imports of Brass Rod from the Republic of Korea:
Supplemental Questions,'' dated May 12, 2023; ``Petition for the
Imposition of Antidumping Duties on Imports of Brass Rod from the
Republic of Korea: Supplemental Questions,'' dated May 15, 2023;
``Petition for the Imposition of Antidumping Duties on Imports of
Brass Rod from South Africa: Supplemental Questions,'' dated May 2,
2023; ``Petition for the Imposition of Antidumping Duties on Imports
of Brass Rod from South Africa: Second Set of Supplemental
Questions,'' dated May 9, 2023; ``Petition for the Imposition of
Antidumping Duties on Imports of Brass Rod from South Africa: Third
Set of Supplemental Questions,'' dated May 15, 2023; ``Petition for
the Imposition of Antidumping Duties on Imports of Brass Rod from
India: Supplemental Questions,'' dated May 2, 2023; ``Petition for
the Imposition of Antidumping Duties on Imports of Brass Rod from
India: Supplemental Questions,'' dated May 9, 2023; ``Petition for
the Imposition of Antidumping Duties on Imports of Brass Rod from
India: Third Set of Supplemental Questions,'' dated May 15, 2023;
Petition for the Imposition of Antidumping Duties on Imports of
Brass Rod from Israel: Supplemental Questions,'' dated May 2, 2023;
``Petition for the Imposition of Antidumping Duties on Imports of
Brass Rod from Israel: Second Supplemental Questionnaire,'' dated
May 9, 2023; ``Petition for the Imposition of Antidumping Duties on
Imports of Brass Rod from Mexico: Supplemental Questions,'' dated
May 2, 2023; ``Petition for the Imposition of Antidumping Duties on
Imports of Brass Rod from Mexico: Second Set of Supplemental
Questions,'' dated May 9, 2023; and ``Petition for the Imposition of
Antidumping Duties on Imports of Brass Rod from Mexico: Third Set of
Supplemental Questions,'' dated May 15, 2023.
\4\ See Petitioners' Letters, ``Brass Rod from Brazil, India,
Israel, Mexico, South Africa, and South Korea: Amendment of
Petitions and Response to Commerce's Supplemental Questions,'' dated
May 8, 2023 (General Issues Supplement), at Volumes I and II;
``Brass Rod from Brazil, India, Israel, Mexico, South Africa, and
South Korea: Second Amendment of Petitions and Response to
Commerce's Supplemental Questions'' dated May 11, 2023 (Scope
Supplement), at Volumes I and II; ``Brass Rod from Brazil, India,
Israel, Mexico, South Africa, and South Korea: Third Amendment of
Petitions and Response to Commerce's Supplemental Questions,'' dated
May 15, 2023; and ``Brass Rod from Brazil, India, Israel, Mexico,
South Africa, and South Korea: Fourth Amendment of Petitions and
Response to Commerce's Supplemental Questions,'' dated May 16, 2023.
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of brass rod
from Brazil, India, Israel, Mexico, Korea, and South Africa are being,
or are likely to be, sold in the United States at less than fair value
(LTFV) within the meaning of section 731 of the Act, and that imports
of such products are materially injuring, or threatening material
injury to, the brass rod industry in the United States. Consistent with
section 732(b)(1) of the Act, the Petitions are accompanied by
information reasonably available to the petitioners supporting their
allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are interested
parties, as defined in sections 771(9)(C) and (F) of the Act.\5\
Commerce also finds that the petitioners demonstrated sufficient
industry support for the initiation of the requested AD
investigations.\6\
---------------------------------------------------------------------------
\5\ See Petitions at Volume I (pages 3-4).
\6\ See the section on ``Industry Support for the Petitions,''
infra.
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on April 27, 2023, pursuant to 19
CFR 351.204(b)(1), the periods of investigation (POI) for the Brazil,
India,
[[Page 33576]]
Israel, Mexico, Korea, and South Africa AD investigations are April 1,
2022, through March 31, 2023.
Scope of the Investigations
The products covered by these investigations are brass rod from
Brazil, India, Israel, Mexico, Korea, and South Africa. For a full
description of the scope of these investigations, see the appendix to
this notice.
Comments on the Scope of the Investigations
On May 2 and 10, 2023, Commerce requested further information and
clarification from the petitioners regarding the proposed scope to
ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\7\ On May 8 and 11, 2023, the petitioners revised the scope.\8\
The description of the merchandise covered by these investigations, as
described in the appendix to this notice, reflects these
clarifications.
---------------------------------------------------------------------------
\7\ See General Issues Supplemental Questionnaire at 3-4; see
also Second General Issues Supplemental Questionnaire at 3.
\8\ See General Issues Supplement; see also Scope Supplement.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period of time for interested parties to raise issues
regarding product coverage (i.e., scope).\9\ Commerce will consider all
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information,\10\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that all interested parties submit such comments by
5:00 p.m. Eastern Time (ET) on June 6, 2023, which is 20 calendar days
from the signature date of this notice. Any rebuttal comments, which
may include factual information, must be filed by 5:00 p.m. ET on June
16, 2023, which is 10 calendar days from the initial comment deadline.
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\9\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All such
submissions must be filed simultaneously on the records of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\11\ An electronically-filed document must be received
successfully in its entirety by the time and date it is due.\12\
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\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
\12\ See 19 CFR 351.303(b)(1).
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of brass rod to be reported
in response to Commerce's AD questionnaires. This information will be
used to identify the key physical characteristics of the subject
merchandise in order to report the relevant costs of production (COP)
accurately, as well as to develop appropriate product comparison
criteria where appropriate.
Subsequent to the publication of this notice, Commerce intends to
release a proposed list of physical characteristics and product-
comparison criteria, and interested parties may provide any information
or comments that they feel are relevant to the development of an
accurate list of physical characteristics. Specifically, they may
provide comments as to which characteristics are appropriate to use as:
(1) general product characteristics; and (2) product comparison
criteria. We note that it is not always appropriate to use all product
characteristics as product comparison criteria. We base product
comparison criteria on meaningful commercial differences among
products. In other words, although there may be some physical product
characteristics utilized by manufacturers to describe brass rod, it may
be that only a select few product characteristics take into account
commercially meaningful physical characteristics. In addition,
interested parties may comment on the order in which the physical
characteristics should be used in matching products. Generally,
Commerce attempts to list the most important physical characteristics
first and the least important characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on June 6, 2023,
which is 20 calendar days from the signature date of this notice. Any
rebuttal comments must be filed by 5:00 p.m. ET on June 16, 2023, which
is ten calendar days from the initial comment deadline. All comments
and submissions to Commerce must be filed electronically using ACCESS,
as explained above, on the record of each of the AD investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\13\ they do so for
[[Page 33577]]
different purposes and pursuant to a separate and distinct authority.
In addition, Commerce's determination is subject to limitations of time
and information. Although this may result in different definitions of
the like product, such differences do not render the decision of either
agency contrary to law.\14\
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\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\15\ Based on our analysis of the information
submitted on the record, we have determined that brass rod, as defined
in the scope, constitutes a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\16\
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\15\ See Petitions at Volume I (pages 19-20); see also General
Issues Supplement at 5-7.
\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see AD Investigation Initiation Checklists, ``Brass Rod from Brazil,
India, Israel, the Republic of Korea, Mexico, and South Africa,''
dated concurrently with this notice (Country-Specific AD Initiation
Checklists), at Attachment II (Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Brass Rod
from Brazil, India, Israel, the Republic of Korea, Mexico, and South
Africa).
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In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
their own production of brass rod in 2022 and compared this to the
total 2022 production of brass rod by the U.S. industry.\17\ We relied
on data provided by the petitioners for purposes of measuring industry
support.\18\
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\17\ See Petitions at Volume I (pages 4-5 and Exhibit GEN-1);
see also General Issues Supplement at 5 and Exhibit SUPP1-GEN-3.
\18\ See Petitions at Volume I (pages 3-5 and Exhibit GEN-1);
see also General Issues Supplement at 5 and Exhibit SUPP1-GEN-3. For
further discussion, see Country-Specific AD Initiation Checklists at
Attachment II.
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Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioners have established industry support for
the Petitions.\19\ First, the Petitions established support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product and, as such,
Commerce is not required to take further action in order to evaluate
industry support (e.g., polling).\20\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petitions account for at least 25 percent of
the total production of the domestic like product.\21\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 732(c)(4)(A)(ii) of the Act, because the
domestic producers (or workers) who support the Petitions account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petitions.\22\ Accordingly, Commerce determines that
the Petitions were filed on behalf of the domestic industry within the
meaning of section 732(b)(1) of the Act.\23\
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\19\ Id.
\20\ See Country-Specific AD Initiation Checklists at Attachment
II; see also section 732(c)(4)(D) of the Act.
\21\ See Country-Specific AD Initiation Checklists at Attachment
II.
\22\ Id.
\23\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\24\
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\24\ See Petitions at Volume I (pages 21-22 and Exhibit GEN-5);
see also General Issues Supplement at 7 and Exhibit SUPP1-GEN-4.
---------------------------------------------------------------------------
The petitioners contend that the industry's injured condition is
illustrated by the significant volume of subject imports; reduced
market share; underselling and price depression and/or suppression;
lost sales and revenues; adverse impact on the domestic industry's
operations, financial performance, production, commercial shipments,
capacity utilization, and employment variables; and adverse impact on
the domestic industry's financial performance.\25\ We assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, causation, as well as negligibility, and we have
determined that these allegations are properly supported by adequate
evidence and meet the statutory requirements for initiation.\26\ In
accordance with section 771(7)(G)(ii)(IV) of the Act, which states that
the ITC cannot cumulate imports ``from any country that is party to an
agreement with the United States establishing a free trade area, which
entered into force and effect before January 1, 1987, unless the
{ITC{time} determines that a domestic industry is materially injured
or threatened with material injury by reason of imports from that
country,'' we considered the petitioners' allegation of injury with
respect to Israel, a party to an agreement with the United States
establishing a free trade area in place and effect before January 1,
1987, independently of the allegations for Brazil, India, Korea,
Mexico, and South Africa and found that the information provided
satisfies the requirements for initiation.\27\
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\25\ See Petitions at Volume I (pages 1-2, 21-41, and Exhibits
GEN-5 through GEN-25); see also General Issues Supplement at 7-8 and
Exhibits SUPP1-GEN-4 and SUPP1-GEN-5.
\26\ See Country-Specific AD Initiation Checklists at Attachment
III (Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Brass Rod from Brazil, India, Israel, the Republic of
Korea, Mexico, and South Africa).
\27\ See Country-Specific AD Initiation Checklists at Attachment
III; see also section 771(7)(G)(ii)(IV) of the Act; and Statement of
Administrative Action Accompanying the Uruguay Round Agreements Act,
H.R. Doc. 103-216, Vol. 1 (1994), at 850 (``Imports from Israel may
not be cumulated with imports from other countries unless the
{ITC{time} first determines that the domestic industry is
materially injured by reason of such imports from Israel.'').
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate AD investigations of
imports of brass rod from Brazil, India, Israel, Mexico, Korea, and
South Africa. The sources of data for the deductions and adjustments
relating to U.S. price and normal value (NV) are discussed in greater
detail in the Country-Specific AD Initiation Checklists.
U.S. Price
For Israel, the petitioners based export price (EP) on pricing
information obtained through market research for brass rod sold in
Israel and offered for sale in the United States. The
[[Page 33578]]
petitioners made certain adjustments to U.S. price to calculate a net
ex-factory U.S. price, where appropriate.\28\
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\28\ See Israel AD Initiation Checklist.
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For Brazil, India, and Korea, the petitioners based EP on
transaction-specific average unit values (AUV) (i.e., month- and port-
specific AUVs) derived from official import data and tied to ship
manifest data. For these countries, the petitioners did not make any
adjustments to U.S. price to calculate a net ex-factory U.S. price.\29\
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\29\ See Brazil, India, Mexico, and Korea Country-Specific AD
Initiation Checklists.
---------------------------------------------------------------------------
For Mexico and South Africa, the petitioners based EP on the AUVs
derived from official import data for imports of brass rod from Mexico/
South Africa into the United States during the POI. The petitioners did
not make any adjustments to U.S. price to calculate a net ex-factory
U.S. price.\30\
---------------------------------------------------------------------------
\30\ See Mexico and South Africa Country-Specific AD Initiation
Checklists.
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Normal Value 31
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\31\ In accordance with section 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the constructed value and COP to determine whether there
are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
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For Brazil, Israel, and Mexico, the petitioners based NV on home
market prices obtained through market research for brass rod produced
in and sold, or offered for sale, in each country during the applicable
time period.\32\ Further, for Mexico, the petitioners made certain
adjustments to home market price to calculate a net ex-factory home
market price, where appropriate.\33\
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\32\ See Country-Specific AD Initiation Checklists.
\33\ See Petitions at Volume II (pages 6-7 and Exhibit AD-5).
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For India, Korea, and South Africa, the petitioners stated they
were unable to obtain home market or third country pricing information
for brass rod to use as a basis for NV.\34\ Therefore, for India,
Korea, and South Africa, the petitioners calculated NV based on
constructed value (CV).\35\ For further discussion of CV, see the
section ``Normal Value Based on Constructed Value,'' below.
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\34\ See Country-Specific AD Initiation Checklists.
\35\ Id.
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Normal Value Based on Constructed Value
As noted above, for India, Korea, and South Africa, the petitioners
were unable to obtain home market or third country pricing information
for brass rod to use as the basis for NV. Accordingly, the petitioners
based NV on CV. Pursuant to section 773(e) of the Act, the petitioners
calculated CV as the sum of the cost of manufacturing, selling,
general, and administrative (SG&A) expenses, financial expenses, and
profit.\36\
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\36\ Id.
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In calculating the cost of manufacturing, the petitioners relied on
the production experience and input consumption rates of a U.S.
producer of brass rod, valued using publicly-available information
applicable to each respective country.\37\ In calculating SG&A
expenses, financial expenses, and profit ratios (where applicable), the
petitioners relied on the calendar year 2022 financial statements of a
producer of identical merchandise domiciled in each respective subject
country or a third country, where appropriate.\38\
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\37\ Id.
\38\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of brass rod from Brazil, India, Israel, Mexico,
Korea, and South Africa, are being, or are likely to be, sold in the
United States at LTFV. Based on comparisons of EP to NV in accordance
with sections 772 and 773 of the Act, the estimated dumping margins for
brass rod for each of the countries covered by this initiation are as
follows: (1) Brazil--77.14 percent; (2) India--16.52 percent; (3)
Israel--40.12 percent; (4) Mexico--29.43 percent; (5) Korea--20.82; and
(6) South Africa--20.99 percent.\39\
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\39\ See Country-Specific AD Initiation Checklists for details
of the calculations.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of brass rod from Brazil, India, Israel, Mexico, Korea,
and South Africa are being, or are likely to be, sold in the United
States at LTFV. In accordance with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of these
initiations.
Respondent Selection
In the Petitions, the petitioners identified one company each in
Brazil, India, Israel, and South Africa as producers/exporters of brass
rod, and two companies each in Mexico and Korea, as producers/exporters
of brass rod.\40\ Following standard practice in AD investigations
involving market economy countries, in the event Commerce determines
that the number of exporters or producers is large such that Commerce
cannot individually examine each company based on its resources, where
appropriate, Commerce intends to select mandatory respondents in these
cases based on U.S. Customs and Border Protection (CBP) data for U.S.
imports under the appropriate Harmonized Tariff Schedule of the United
States subheadings listed in the ``Scope of the Investigations,'' in
the appendix.
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\40\ See Petitions at Volume I (pages 12-14 and Exhibit GEN-3).
---------------------------------------------------------------------------
On May 16, 2023, Commerce released CBP data on imports of brass rod
from Brazil, India, Israel, Mexico, Korea, and South Africa under
administrative protective order (APO) to all parties with access to
information protected by APO and indicated that interested parties
wishing to comment on CBP data and/or respondent selection must do so
within three business days of the publication date of the notice of
initiation of these investigations.\41\ Comments must be filed
electronically using ACCESS. An electronically-filed document must be
received successfully in its entirety via ACCESS by 5:00 p.m. ET on the
specified deadline. Commerce will not accept rebuttal comments
regarding the CBP data or respondent selection.
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\41\ See Memoranda, ``Antidumping Duty Petition on Imports of
Brass Rod from Brazil: Release of U.S. Customs and Border Protection
Data,'' dated May 16, 2023; ``Antidumping Duty Petition on Imports
of Brass Rod from India: Release of U.S. Customs and Border
Protection Data,'' dated May 16, 2023; ``Antidumping Duty Petition
on Imports of Brass Rod from Israel: Release of U.S. Customs and
Border Protection Data,'' dated May 16, 2023; ``Antidumping Duty
Petition on Imports of Brass Rod from Mexico: Release of U.S.
Customs and Border Protection Data,'' dated May 16, 2023;
``Antidumping Duty Petition on Imports of Brass Rod from the
Republic of Korea: Release of U.S. Customs and Border Protection
Data,'' dated May 16, 2023; and ``Antidumping Duty Petition on
Imports of Brass Rod from South Africa: Release of U.S. Customs and
Border Protection Data,'' dated May 16, 2023.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://access.trade.gov/Resources/Administrative_Protective_Order.aspx.
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of Brazil, India, Israel, Mexico, Korea,
and South Africa via ACCESS. To the extent practicable, we will attempt
to provide a copy of the
[[Page 33579]]
public version of the AD Petitions to each exporter named in the
Petitions, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of brass rod from Brazil, India, Israel,
Mexico, Korea, and/or South Africa, are materially injuring, or
threatening material injury to, a U.S. industry.\42\ A negative ITC
determination for any country will result in the investigation being
terminated with respect to that country.\43\ Otherwise, these AD
investigations will proceed according to statutory and regulatory time
limits.
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\42\ See section 733(a) of the Act.
\43\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \44\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\45\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
---------------------------------------------------------------------------
\44\ See 19 CFR 351.301(b).
\45\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of PMS allegations and supporting
factual information. However, in order to administer section 773(e) of
the Act, Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
response to section D of Commerce's AD questionnaire.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, standalone submission; under limited circumstances,
Commerce will grant untimely filed requests for the extension of time
limits, where we determine, based on 19 CFR 351.302, that extraordinary
circumstances exist. Parties should review Commerce's regulations
concerning the extension of time limits and the Time Limits Final Rule
prior to submitting factual information in these investigations.\46\
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\46\ See 19 CFR 351.302; see also, e.g., Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits
Final Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\47\
Parties must use the certification formats provided in 19 CFR
351.303(g).\48\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\47\ See section 782(b) of the Act.
\48\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\49\
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\49\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: May 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The products covered by these investigations are brass rod and
bar (brass rod), which is defined as leaded, low-lead, and no-lead
solid brass made from alloys such as, but not limited to the
following alloys classified under the Unified Numbering System (UNS)
as C27450, C27451, C27460, C34500, C35000, C35300, C35330, C36000,
C36300, C37000, C37700, C48500, C67300, C67600, and C69300, and
their international equivalents.
The brass rod subject to these investigations has an actual
cross-section or outside diameter greater than 0.25 inches but less
than or equal to 12 inches. Brass rod cross-sections may be round,
hexagonal,
[[Page 33580]]
square, or octagonal shapes as well as special profiles (e.g.,
angles, shapes).
Standard leaded brass rod covered by the scope contains, by
weight, 57.0-65.0 percent copper; 0.5-3.0 percent lead; no more than
1.3 percent iron; and at least 15 percent zinc. No-lead or low-lead
brass rod covered by the scope contains by weight 59.0-76.0 percent
copper; 0-1.5 percent lead; no more than 0.35 percent iron; and at
least 15 percent zinc. Brass rod may also include other chemical
elements (e.g., nickel, phosphorous, silicon, tin, etc.).
Brass rod may be in straight lengths or coils. Brass rod covered
by these investigations may be finished or unfinished, and may or
may not be heated, extruded, pickled, or cold-drawn. Brass rod may
be produced in accordance with ASTM B16, ASTM B124, ASTM B981, ASTM
B371, ASTM B453, ASTM B21, ASTM B138, and ASTM B927, but such
conformity to an ASTM standard is not required for the merchandise
to be included within the scope.
Excluded from the scope of these investigations is brass ingot,
which is a casting of unwrought metal unsuitable for conversion into
brass rod without remelting, that contains, by weight, at least 57.0
percent copper and 15.0 percent zinc.
The merchandise covered by these investigations is currently
classifiable under subheadings 7407.21.9000, 7407.21.7000, and
7407.21.1500 of the Harmonized Tariff Schedule of the United States
(HTSUS). Products subject to the scope may also enter under HTSUS
subheadings 7403.21.0000, 7407.21.3000, and 7407.21.5000. The HTSUS
subheadings and UNS alloy designations are provided for convenience
and customs purposes. The written description of the scope of the
investigations is dispositive.
[FR Doc. 2023-11002 Filed 5-23-23; 8:45 am]
BILLING CODE 3510-DS-P
