Brass Rod From Israel: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 67236-67238 [2023-21546]
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67236
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
assigned to former Dongkuk Steel.
Consequently, Commerce will instruct
U.S. Customs and Border Protection to
suspend liquidation of all shipments of
subject merchandise produced and/or
exported by Dongkuk Steel and entered,
or withdrawn from warehouse, for
consumption on or after the publication
date of this notice in the Federal
Register at the AD cash deposit rate in
effect for former Dongkuk Steel. This
cash deposit requirement shall remain
in effect until further notice.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing this determination and
publishing these final results and notice
in accordance with sections 751(b)(1)
and 777(i)(1) and (2) of the Tariff Act of
1930, as amended, and 19 CFR 351.216
and 351.221(c)(3).
Dated: September 22, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Applicable September 29, 2023.
FOR FURTHER INFORMATION CONTACT:
Zachary Shaykin, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482- 2638.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). On May 24, 2023, Commerce
published in the Federal Register the
notice of initiation of this investigation.1
On June 30, 2023, Commerce postponed
the preliminary determination of this
investigation until September 25, 2023.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCEESS). ACCESS is available to
registered users at https://
accesss.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Investigation
[FR Doc. 2023–21377 Filed 9–28–23; 8:45 am]
DEPARTMENT OF COMMERCE
The product covered by this
investigation is brass rod from Israel.
For a complete description of the scope
of this investigation, see Appendix I.
International Trade Administration
Scope Comments
BILLING CODE 3510–DS–P
[C–508–815]
Brass Rod From Israel: Preliminary
Affirmative Countervailing Duty
Determination, and Alignment of Final
Determination With Final Antidumping
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of brass rod
from Israel. The period of investigation
is January 1, 2022, through December
31, 2022. Interested parties are invited
to comment on this preliminary
determination.
AGENCY:
lotter on DSK11XQN23PROD with NOTICES1
DATES:
VerDate Sep<11>2014
21:46 Sep 28, 2023
Jkt 259001
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 We received
comments from several interested
1 See Brass Rod from India, Israel, and the
Republic of Korea: Initiation of Countervailing Duty
Investigations, 88 FR 33566 (May 24, 2023)
(Initiation Notice).
2 See Brass Rod from India, Israel, and the
Republic of Korea: Postponement of Preliminary
Determinations in the Countervailing Duty
Investigations, 88 FR 42300 (June 30, 2023).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination of the
Countervailing Duty Investigation of Brass Rod from
Israel,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 87 FR at 3971.
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Fmt 4703
Sfmt 4703
parties concerning the scope of the
antidumping duty (AD) and
countervailing duty (CVD)
investigations as it appeared in the
Initiation Notice.6 For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.7
Commerce is preliminarily modifying
the scope language as it appeared in the
Initiation Notice, see Appendix I.
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found to be countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.8
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final CVD determination in this
investigation with the final
determination in the companion AD
investigation of brass rod from Israel
based on a request made by the
American Brass Rod Fair Trade
Coalition and its members, Mueller
Brass Co. and Wieland Chase LLC
(collectively, the petitioners).9
Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
February 7, 2024, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
6 Id.
7 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated concurrently with this notice
(Preliminary Scope Decision Memorandum).
8 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
9 See Petitioners’ Letter, ‘‘Brass Rod from Israel
and Republic of Korea: Petitioner’s Request for
Alignment of the Countervailing Duty
Investigations with the Concurrent Antidumping
Duty Investigations,’’ dated September 18, 2023.
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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
this investigation. Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than seven
days after the deadline for case briefs.10
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.11 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation 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.
Pursuant to 19 CFR 351.310(c),
Preliminary Determination
interested parties who wish to request a
Commerce preliminarily determines
hearing, limited to issues raised in the
that the following estimated
case and rebuttal briefs, must submit a
countervailable subsidy rates exist:
written request to the Assistant
Secretary for Enforcement and
Subsidy rate
Compliance, U.S. Department of
Company
(percent ad
Commerce within 30 days after the
valorem)
publication of this notice. Requests
Finkelstein Metals Ltd ...........
5.26 should contain the party’s name,
All Others ..............................
5.26 address, and telephone number, the
number of participants, whether any
Suspension of Liquidation
participant is a foreign national, and a
list of the issues to be discussed. If a
In accordance with sections
703(d)(1)(B) and (d)(2) of the Act,
request for a hearing is made, Commerce
Commerce will direct U.S. Customs and intends to hold the hearing at a time and
Border Protection (CBP) to suspend
date to be determined. Parties should
liquidation of entries of subject
confirm by telephone the date, time, and
merchandise as described in the scope
location of the hearing two days before
of the investigation section entered, or
the scheduled date.
withdrawn from warehouse, for
U.S. International Trade Commission
consumption on or after the date of
publication of this notice in the Federal Notification
Register. Further, pursuant to 19 CFR
In accordance with section 703(f) of
351.205(d), Commerce will instruct CBP
the Act, Commerce will notify the U.S.
to require a cash deposit equal to the
International Trade Commission (ITC) of
rates indicated above.
its determination. If the final
Disclosure
determination is affirmative, the ITC
will determine before the later of 120
Commerce intends to disclose its
days after the date of this preliminary
calculations and analysis performed to
determination or 45 days after the final
interested parties in this preliminary
determination whether imports of brass
determination within five days of its
public announcement, or if there is no
rod from Israel are materially injuring,
public announcement, within five days
or threaten material injury to, the U.S.
of the date of this notice in accordance
industry.
with 19 CFR 351.224(b).
Notification to Interested Parties
Verification
This determination is issued and
As provided in section 782(i)(1) of the
published pursuant to sections 703(f)
Act, Commerce intends to verify the
and 777(i) of the Act and 19 CFR
information relied upon in making its
351.205(c).
final determination.
Dated: September 25, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Public Comment
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Subsidies Valuation
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
Commerce calculated an individual
estimated countervailable subsidy rate
for Finkelstein Metals Ltd. (Finkelstein),
the only individually examined
exporter/producer in this investigation.
Because the only individually
calculated rate is not zero, de minimis,
or based entirely on facts otherwise
available, the estimated weightedaverage rate calculated for Finkelstein is
the rate assigned to all other producers
and exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
lotter on DSK11XQN23PROD with NOTICES1
67237
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the deadline for the last
verification questionnaire response in
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21:46 Sep 28, 2023
Jkt 259001
10 See 19 CFR 351.309; see also 19 CFR 35.303
(for general filing requirements).
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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Appendix I
Scope of the Investigation
The products covered by this investigation
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 this investigation
has an actual cross-section or outside
diameter greater than 0.25 inches but less
than or equal to 12 inches. Brass rod crosssections may be round, hexagonal, square, or
octagonal shapes as well as special profiles
(e.g., angles, shapes), including hollow
profiles.
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 this investigation
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 this
investigation 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 this
investigation 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 investigation is dispositive.
Appendix II
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67238
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
VII. Benchmarks and Discount Rates
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023–21546 Filed 9–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–863]
Forged Steel Fittings From Taiwan:
Preliminary Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that sales of forged steel
fittings from Taiwan were not sold in
the United States at less than normal
value (NV) during the period of review
(POR), September 1, 2021, through
August 31, 2022. Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable September 29, 2023.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure, 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) 482–5973.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
lotter on DSK11XQN23PROD with NOTICES1
On September 24, 2018, Commerce
published the antidumping duty order
on forged steel fittings from Taiwan.1
On November 3, 2022, in accordance
with 19 CFR 351.221(c)(1)(i), Commerce
published the initiation of an
administrative review of the Order.2
This review covers one exporter of the
subject merchandise, Both-Well Steel
Fittings Co., Ltd (Bothwell). On April
11, 2023, Commerce extended the
deadline for the preliminary results of
this review to September 29, 2023, in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act).3
For a detailed description of the
events that followed the initiation of
1 See Forged Steel Fittings from Taiwan:
Antidumping Duty Order, 83 FR 48280 (September
24, 2018) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
66275 (November 3, 2022).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated April 11, 2023.
VerDate Sep<11>2014
21:46 Sep 28, 2023
Jkt 259001
this review, see the Preliminary
Decision Memorandum.4 A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The products covered by the scope of
this Order are carbon and alloy forged
steel fittings, whether unfinished
(commonly known as blanks or rough
forgings) or finished. Such fittings are
made in a variety of shapes including,
but not limited to, elbows, tees, crosses,
laterals, couplings, reducers, caps,
plugs, bushings, unions, and outlets.
Forged steel fittings are covered
regardless of end finish, whether
threaded, socket-weld or other end
connections. The subject merchandise is
currently classifiable under subheadings
7307.99.1000, 7307.99.3000,
7307.99.5045, and 7307.99.5060 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
is dispositive. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Export price is calculated in
accordance with section 772 of the Act.
NV is calculated in accordance with
section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
As a result of this review, we
preliminarily determine that the
following weighted-average dumping
margin exists for Bothwell for the period
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Forged Steel Fittings from
Taiwan; 2021–2022,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
PO 00000
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Sfmt 4703
September 1, 2021, through August 31,
2022:
Exporter or producer
Both-Well Steel Fittings Co., Ltd .......
Weightedaverage
dumping
margin
(percent)
0.00
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Interested parties may submit case
briefs no later than 30 days after the
date of publication of this notice.5
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than seven days after the date for filing
case briefs.6 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), 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.
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, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Hearing
requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; (3)
whether any participant is a foreign
national; and (4) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case and rebuttal briefs. If a
request for a hearing is made, Commerce
intends to hold the hearing at a date and
time to be determined.7 Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
All submissions should be filed using
ACCESS and must be served on
interested parties.8 An electronically
filed document must be received
successfully in its entirety by ACCESS
by 5 p.m. eastern standard tme by the
due date specified above.9 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
5 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d).
7 See 19 CFR 351.310(d).
8 See 19 CFR 351.303.
9 See 19 CFR 351.310(c).
6 See
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]]>Agencies
[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67236-67238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21546]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-508-815]
Brass Rod From Israel: Preliminary Affirmative Countervailing
Duty Determination, and Alignment of Final Determination With Final
Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of brass rod from Israel. The period of
investigation is January 1, 2022, through December 31, 2022. Interested
parties are invited to comment on this preliminary determination.
DATES: Applicable September 29, 2023.
FOR FURTHER INFORMATION CONTACT: Zachary Shaykin, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482- 2638.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). On May 24,
2023, Commerce published in the Federal Register the notice of
initiation of this investigation.\1\ On June 30, 2023, Commerce
postponed the preliminary determination of this investigation until
September 25, 2023.\2\
---------------------------------------------------------------------------
\1\ See Brass Rod from India, Israel, and the Republic of Korea:
Initiation of Countervailing Duty Investigations, 88 FR 33566 (May
24, 2023) (Initiation Notice).
\2\ See Brass Rod from India, Israel, and the Republic of Korea:
Postponement of Preliminary Determinations in the Countervailing
Duty Investigations, 88 FR 42300 (June 30, 2023).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCEESS). ACCESS is available to
registered users at https://accesss.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination of the Countervailing Duty Investigation
of Brass Rod from Israel,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is brass rod from Israel.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ We received
comments from several interested parties concerning the scope of the
antidumping duty (AD) and countervailing duty (CVD) investigations as
it appeared in the Initiation Notice.\6\ For a summary of the product
coverage comments and rebuttal responses submitted to the record for
this preliminary determination, and accompanying discussion and
analysis of all comments timely received, see the Preliminary Scope
Decision Memorandum.\7\ Commerce is preliminarily modifying the scope
language as it appeared in the Initiation Notice, see Appendix I.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 87 FR at 3971.
\6\ Id.
\7\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated concurrently with this notice (Preliminary Scope Decision
Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\8\
---------------------------------------------------------------------------
\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final CVD determination in this investigation with the
final determination in the companion AD investigation of brass rod from
Israel based on a request made by the American Brass Rod Fair Trade
Coalition and its members, Mueller Brass Co. and Wieland Chase LLC
(collectively, the petitioners).\9\ Consequently, the final CVD
determination will be issued on the same date as the final AD
determination, which is currently scheduled to be issued no later than
February 7, 2024, unless postponed.
---------------------------------------------------------------------------
\9\ See Petitioners' Letter, ``Brass Rod from Israel and
Republic of Korea: Petitioner's Request for Alignment of the
Countervailing Duty Investigations with the Concurrent Antidumping
Duty Investigations,'' dated September 18, 2023.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for
[[Page 67237]]
those companies individually examined, excluding any zero and de
minimis rates and any rates based entirely under section 776 of the
Act.
Commerce calculated an individual estimated countervailable subsidy
rate for Finkelstein Metals Ltd. (Finkelstein), the only individually
examined exporter/producer in this investigation. Because the only
individually calculated rate is not zero, de minimis, or based entirely
on facts otherwise available, the estimated weighted-average rate
calculated for Finkelstein is the rate assigned to all other producers
and exporters, pursuant to section 705(c)(5)(A)(i) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Finkelstein Metals Ltd.................................. 5.26
All Others.............................................. 5.26
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with sections 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the deadline for the last verification questionnaire
response in this investigation. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than seven days after
the deadline for case briefs.\10\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\11\ Pursuant to
19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this investigation 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.
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\10\ See 19 CFR 351.309; see also 19 CFR 35.303 (for general
filing requirements).
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the publication of this notice. Requests should contain the
party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
U.S. International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its determination. If
the final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 45 days after the final determination whether imports of brass rod
from Israel are materially injuring, or threaten material injury to,
the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: September 25, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation 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 this investigation 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, square, or octagonal shapes as well as special profiles
(e.g., angles, shapes), including hollow profiles.
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 this investigation 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 this investigation 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 this investigation 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
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Subsidies Valuation
[[Page 67238]]
VII. Benchmarks and Discount Rates
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023-21546 Filed 9-28-23; 8:45 am]
BILLING CODE 3510-DS-P
