Brass Rod From the Republic of Korea: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 67233-67235 [2023-21547]
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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
statistical reporting numbers are provided for
convenience and customs purposes, the
written description of the merchandise is
dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Injury Test
VI. Subsidies Valuation Information
VII. Diversification of India’s Economy
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023–21552 Filed 9–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Advisory Committee on Supply Chain
Competitiveness: Notice of Public
Meeting
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
This notice sets forth the
schedule and proposed topics of
discussion for the upcoming public
meeting of the Advisory Committee on
Supply Chain Competitiveness
(Committee).
DATES: The meeting will be held on
October 25, 2023, from 10 a.m. to 3:30
p.m., eastern standard time (EST).
ADDRESSES: The meeting will be held at
the U.S. Department of Commerce, 1401
Constitution Avenue NW, Research
Library (Room 1894), Washington, DC
20230. The meeting will also be held via
Zoom.
FOR FURTHER INFORMATION CONTACT:
Richard Boll, Designated Federal
Officer, Office of Supply Chain,
Professional & Business Services,
International Trade Administration at
Email: richard.boll@trade.gov, phone
571–331–0098.
SUPPLEMENTARY INFORMATION:
Background: The Committee was
established under the discretionary
authority of the Secretary of Commerce
and in accordance with the Federal
Advisory Committee Act (5 U.S.C. app.).
It provides advice to the Secretary of
Commerce on the necessary elements of
a comprehensive policy approach to
supply chain competitiveness and on
regulatory policies and programs and
investment priorities that affect the
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SUMMARY:
VerDate Sep<11>2014
21:46 Sep 28, 2023
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competitiveness of U.S. supply chains.
For more information about the
Committee visit: https://www.trade.gov/
acscc.
Matters To Be Considered: Committee
members are expected to continue
discussing the major competitivenessrelated topics raised at the previous
Committee meetings, including supply
chain resilience and congestion; trade
and competitiveness; freight movement
and policy; trade innovation; regulatory
issues; finance and infrastructure; and
workforce development. The
Committee’s subcommittees will report
on the status of their work regarding
these topics. The agenda may change to
accommodate other Committee
business. The Office of Supply Chain,
Professional, and Business Services will
post the final detailed agenda on its
website, https://www.trade.gov/acscc.
The video with closed captioning of the
meeting will also be posted on the
Committee website.
The meeting is open to the public and
press on a first-come, first-served basis.
Space is limited. Please contact Richard
Boll, Designated Federal Officer, at
richard.boll@trade.gov, for participation
information.
Dated: September 25, 2023.
Heather Sykes,
Director, Office of Supply Chain, Professional,
and Business Services.
[FR Doc. 2023–21411 Filed 9–28–23; 8:45 am]
BILLING CODE 3510–DR–P
67233
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1398 or (202) 482–2316,
respectively.
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
(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 Investigation
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–917]
Brass Rod From the Republic of
Korea: 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 the Republic of Korea (Korea). 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: Toni
Page or Lingjun Wang, AD/CVD
Operations, Office OVII, Enforcement
AGENCY:
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Sfmt 4703
The product covered by this
investigation is brass rod from Korea.
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
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
the Republic of Korea,’’ 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.
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67234
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
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 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
Furthermore, pursuant to section 776(a)
of the Act, Commerce has preliminarily
relied upon facts otherwise available, in
part, for Booyoung Industry (BYI) and
Daechang Co. Ltd (Daechang). For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
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 Korea
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
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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, ‘‘Petitioner’s Request for
Alignment of the Countervailing Duty
Investigations with the Concurrent Antidumping
Duty Investigations,’’ dated September 18, 2023.
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21:46 Sep 28, 2023
Jkt 259001
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
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
In this investigation, Commerce
preliminarily calculated a de minimis
rate for BYI. Therefore, the only rate that
is not zero, de minimis, or based
entirely on facts otherwise available is
the rate calculated for Daechang.
Consequently, the rate calculated for
Daechang is also assigned as the rate for
all other producers and exporters.
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 date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than seven days after
Preliminary Determination
the deadline date for case briefs.11 Note
that Commerce has temporarily
Commerce preliminarily determines
modified certain of its requirements for
that the following estimated
serving documents containing business
countervailable subsidy rates exist:
proprietary information, until further
Subsidy rate
notice.12 Pursuant to 19 CFR
Company
(percent ad
351.309(c)(2) and (d)(2), parties who
valorem)
submit case briefs or rebuttal briefs in
Booyoung Industry ................
0.43 (de this investigation are encouraged to
minimis). submit with each argument: (1) a
Daechang Co. Ltd.10 ............
2.57. statement of the issue; (2) a brief
All Others ..............................
2.57. summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
Suspension of Liquidation
interested parties who wish to request a
In accordance with sections
hearing, limited to issues raised in the
703(d)(1)(B) and (d)(2) of the Act,
case and rebuttal briefs, must submit a
Commerce will direct U.S. Customs and
written request to the Assistant
Border Protection (CBP) to suspend
Secretary for Enforcement and
liquidation of entries of subject
Compliance, U.S. Department of
merchandise as described in the scope
Commerce within 30 days after the date
of the investigation section entered, or
of publication of this notice. Requests
withdrawn from warehouse, for
should contain the party’s name,
consumption on or after the date of
address, and telephone number, the
publication of this notice in the Federal
number of participants, whether any
Register. Further, pursuant to 19 CFR
participant is a foreign national, and a
351.205(d), Commerce will instruct CBP
list of the issues to be discussed. If a
to require a cash deposit equal to the
request for a hearing is made, Commerce
rates indicated above. Because the
intends to hold the hearing at a time and
subsidy rate for BYI is de minimis,
date to be determined. Parties should
Commerce is directing CBP not to
confirm by telephone the date, time, and
suspend liquidation of entries of the
location of the hearing two days before
merchandise from this company.
the scheduled date.
Disclosure
U.S. International Trade Commission
Commerce intends to disclose its
Notification
calculations and analysis performed to
In accordance with section 703(f) of
interested parties in this preliminary
the Act, Commerce will notify the U.S.
determination within five days of its
International Trade Commission (ITC) of
public announcement, or if there is no
its determination. If the final
determination is affirmative, the ITC
10 As discussed in the Preliminary Decision
will make its final determination before
Memorandum, Commerce has found the following
companies to be cross-owned with Daechang Co.
the later of 120 days after the date of this
Ltd.: Essentech Co., Ltd.; Seowon Co., Ltd.; Taewoo
preliminary determination or 45 days
Co., Ltd.; IN Steel Industry Co., Ltd.; and Affiliate
A. Daechang requested business proprietary
treatment for Affiliate A. Commerce is continuing
to evaluate the request for proprietary treatment and
intends to make a determination regarding the
public disclosure of this entity’s name before the
final determination.
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Frm 00010
Fmt 4703
Sfmt 4703
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
12 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\29SEN1.SGM
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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
after the final determination whether
imports of brass rod from Korea 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.
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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
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21:46 Sep 28, 2023
Jkt 259001
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 Information
VII. Benchmark and Discount Rates
VIII. Diversification of Korea’s Economy
IX. Use of Facts Otherwise Available
X. Analysis of Programs
XI. Recommendation
[FR Doc. 2023–21547 Filed 9–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–836]
Certain Cut-To-Length Carbon-Quality
Steel Plate Products From the
Republic of Korea: Final Results of
Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 30, 2023, the U.S.
Department of Commerce (Commerce)
published the notice of initiation and
preliminary results of a changed
circumstances review (CCR) of the
antidumping duty (AD) order on certain
cut-to-length carbon-quality steel plate
products (CTL plate) from the Republic
of Korea (Korea). For these final results,
Commerce continues to find that the
post-corporate reorganization Dongkuk
Steel Mill Co., Ltd. (Dongkuk Steel) is
the successor-in-interest to the prereorganization Dongkuk Steel.
Furthermore, Dongkuk Steel is entitled
to the former Dongkuk Steel’s AD cash
deposit rates with respect to entries of
subject merchandise in each of the
above-referenced proceeding.
DATES: Applicable September 29, 2023.
FOR FURTHER INFORMATION CONTACT:
Christopher Williams, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5166.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 30, 2023, Commerce
published the Initiation and Preliminary
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Sfmt 4703
67235
Results,1 finding that the post-corporate
reorganization Dongkuk Steel is the
successor-in-interest to the prereorganization and identically named
Dongkuk Steel, and should be assigned
the same AD cash deposit rate assigned
to the former Dongkuk Steel in each of
the above-referenced proceeding.2 In the
Initiation and Preliminary Results, we
provided all interested parties with an
opportunity to comment and request a
public hearing regarding our
preliminary finding.3 Dongkuk Steel
submitted comments agreeing with our
preliminary findings in full, and we
received no other comments from
interested parties.4 Additionally, we
received no requests for a public hearing
from interested parties.
Scope of the Order 5
The merchandise covered by the order
is CTL plate from Korea. For a complete
description of the scope of the order, see
the Initiation and Preliminary Results
PDM.6
Final Results of the Changed
Circumstances Review
For the reasons stated in the Initiation
and Preliminary Results, and because
we received no comments from
interested parties to the contrary,
Commerce continues to find that new
Dongkuk Steel is the successor-ininterest to former Dongkuk Steel and is
entitled to the same AD cash deposit
rate as former Dongkuk Steel with
respect to entries of subject merchandise
in the above-noted proceeding. As there
are no changes from the Initiation and
Preliminary Results, there is no decision
memorandum accompanying this notice
and the determination in the Initiation
and Preliminary Results is hereby
adopted as the final results of this CCR.
As a result of this determination and
consistent with established practice, we
find that Dongkuk Steel should receive
the AD cash deposit rate previously
1 See Certain Cut-to-Length Carbon-Quality Steel
Plate Products from the Republic of Korea: Notice
of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review,
88 FR 59869 (August 30, 2023) (Initiation and
Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Initiation and Preliminary Results, 88 FR at
59870.
3 Id., 88 FR at 59869.
4 See Dongkuk Steel’s Letter, ‘‘Case Brief,’’ dated
September 13, 2023.
5 See Notice of Amendment of Final
Determinations of Sales at Less Than Fair Value
and Antidumping Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate Products from
France, India, Indonesia, Italy, Japan and the
Republic of Korea, 65 FR 6585, 6586 (February 10,
2000).
6 See Initiation and Preliminary Results and
accompanying PDM.
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Agencies
[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67233-67235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21547]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-917]
Brass Rod From the Republic of Korea: 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 the Republic of Korea
(Korea). 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: Toni Page or Lingjun Wang, AD/CVD
Operations, Office OVII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1398 or (202)
482-2316, respectively.
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 (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.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination of the Countervailing Duty Investigation
of Brass Rod from the Republic of Korea,'' 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 Korea.
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
[[Page 67234]]
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.
\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
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\ Furthermore, pursuant to section 776(a) of the Act,
Commerce has preliminarily relied upon facts otherwise available, in
part, for Booyoung Industry (BYI) and Daechang Co. Ltd (Daechang). For
a full description of the methodology underlying the preliminary
determination, see the Preliminary 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.
---------------------------------------------------------------------------
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
Korea 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, ``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 those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
In this investigation, Commerce preliminarily calculated a de
minimis rate for BYI. Therefore, the only rate that is not zero, de
minimis, or based entirely on facts otherwise available is the rate
calculated for Daechang. Consequently, the rate calculated for Daechang
is also assigned as the rate for all other producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Booyoung Industry....................................... 0.43 (de
minimis).
Daechang Co. Ltd.\10\................................... 2.57.
All Others.............................................. 2.57.
------------------------------------------------------------------------
Suspension of Liquidation
---------------------------------------------------------------------------
\10\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Daechang Co. Ltd.: Essentech Co., Ltd.; Seowon Co., Ltd.; Taewoo
Co., Ltd.; IN Steel Industry Co., Ltd.; and Affiliate A. Daechang
requested business proprietary treatment for Affiliate A. Commerce
is continuing to evaluate the request for proprietary treatment and
intends to make a determination regarding the public disclosure of
this entity's name before the final determination.
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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. Because the subsidy rate for BYI is de minimis,
Commerce is directing CBP not to suspend liquidation of entries of the
merchandise from this company.
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 date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than seven days after the deadline
date for case briefs.\11\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\12\ 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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\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\12\ 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 date of 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 make its final
determination before the later of 120 days after the date of this
preliminary determination or 45 days
[[Page 67235]]
after the final determination whether imports of brass rod from Korea
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 Information
VII. Benchmark and Discount Rates
VIII. Diversification of Korea's Economy
IX. Use of Facts Otherwise Available
X. Analysis of Programs
XI. Recommendation
[FR Doc. 2023-21547 Filed 9-28-23; 8:45 am]
BILLING CODE 3510-DS-P