Brass Rod From India: Preliminary Affirmative Countervailing Duty Determination, 67240-67242 [2023-21553]
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67240
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
Background
On June 1, 2023, Commerce published
the Initiation Notice of the sunset
reviews of the AD orders on citric acid
from Thailand and Colombia 1 in the
Federal Register pursuant to section
751(c) of the Tariff Act of 1930, as
amended (the Act).2 In accordance with
19 CFR 351.218(d)(1)(i) and (ii),
Commerce received notices of intent to
participate in these sunset reviews from
Archer Daniels Midland Company,
Cargill, Incorporated, and Primary
Products Ingredients Americas LLC
(collectively, the domestic interested
parties) within 15 days after the date of
publication of the Initiation Notice.3
The domestic interested parties claimed
interested party status under section
771(9)(C) of the Act as producers of a
domestic like product in the United
States.4 Commerce timely-received an
adequate substantive response to the
Initiation Notice from the domestic
interested parties within the 30-day
period specified in 19 CFR
351.218(d)(3)(i).5 We did not receive
substantive responses from any other
interested parties. On July 25, 2023,
Commerce notified the U.S.
International Trade Commission (ITC)
that it did not receive an adequate
substantive response from other
interested parties.6 As a result, in
accordance with section 751(c)(3)(B) of
the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted expedited, i.e., 120-day
sunset reviews of the Orders.
solution, and regardless of packaging
type. For a full description of the scope
of the Orders, see the Issues and
Decision Memorandum.7
Dated: September 22, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Analysis of Comments Received
Appendix
All issues raised in these sunset
reviews are addressed in the Issues and
Decision Memorandum, including the
likelihood of continuation or recurrence
of dumping and the magnitude of the
margins of dumping likely to prevail if
the Orders were revoked. A list of topics
discussed in the Issues and Decision
Memorandum is included as the
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of Margin of Dumping Likely
to Prevail
VII. Final Results of Expedited Sunset
Reviews
VIII. Recommendation
Scope of the Orders
The merchandise covered by the
Orders includes all grades and
granulation sizes of citric acid, sodium
citrate, and potassium citrate in their
unblended forms, whether dry or in
Administrative Protective Order
lotter on DSK11XQN23PROD with NOTICES1
1 See
Citric Acid and Certain Citrate Salts from
Belgium, Colombia and Thailand: Antidumping
Duty Orders, 83 FR 35214 (July 25, 2018) (Orders).
2 See Initiation of Five-Year (Sunset) Reviews, 88
FR 35832 (June 1, 2023) (Initiation Notice).
3 See Domestic Interested Parties Letters, ‘‘Five
Year (‘‘Sunset’’) Review of the Antidumping Duty
Order on Citric Acid and Certain Citrate Salts from
Colombia—Domestic Industry’s Notice of Intent to
Participate,’’ dated June 15, 2023; and ‘‘Five Year
(‘‘Sunset’’) Review of the Antidumping Duty Order
on Citric Acid and Certain Citrate Salts from
Thailand—Domestic Industry’s Notice of Intent to
Participate,’’ dated June 15, 2023.
4 Id.
5 See Domestic Interested Party’s Letters, ‘‘Five
Year (‘‘Sunset’’) Review of the Antidumping Duty
Order on Citric Acid and Certain Citrate Salts from
Colombia—Domestic Interested Party’s Substantive
Response,’’ dated June 30, 2023; and ‘‘Five Year
(‘‘Sunset’’) Review of the Antidumping Duty Order
on Citric Acid and Certain Citrate Salts from
Thailand—Domestic Interested Party’s Substantive
Response,’’ dated June 30, 2023.
6 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on June 1, 2023,’’ dated July 25, 2023.
VerDate Sep<11>2014
21:46 Sep 28, 2023
Jkt 259001
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Orders
would be likely to lead to continuation
or recurrence of dumping and that the
magnitude of the margins of dumping
likely to prevail would be at rates up to
28.48 percent for Colombia and 15.71
percent for Thailand.
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). Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing
these final results and notice in
accordance with sections 751(c), 752(c),
and 777(i)(1) of the Act, and 19 CFR
351.221(c)(5)(ii).
7 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
First Sunset Reviews of the Antidumping Duty
Orders on Citric Acid and Certain Citrate Salts from
Thailand and Colombia,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
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[FR Doc. 2023–21383 Filed 9–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–916]
Brass Rod From India: Preliminary
Affirmative Countervailing 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 India. The period of investigation
is April 1, 2022, through March 31,
2023. Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable September 29, 2023.
FOR FURTHER INFORMATION CONTACT:
Dusten Hom or Mary Kolberg, 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) 482–5075 or (202) 482–1785,
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
1 See Brass Rod from India, Israel, and the
Republic of Korea: Initiation of Countervailing Duty
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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
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
The product covered by this
investigation is brass rod from India. For
a complete description of the scope of
this investigation, see Appendix I.
Scope Comments
lotter on DSK11XQN23PROD with NOTICES1
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.
Investigations, 88 FR 33566 (May 24, 2023)
(Initiation Notice).
2 See Brass Rod from India, Israel, and the
Republic of Korea: Postponement of Preliminary
Determinationss of 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
India,’’ 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.
6 Id.
7 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated concurrently with this notice
(Preliminary Scope Decision Memorandum).
VerDate Sep<11>2014
21:46 Sep 28, 2023
Jkt 259001
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
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.
Commerce calculated an individual
estimated countervailable subsidy rate
for Rajhans Metals Pvt Ltd. (RMPL), the
only individually examined exporter/
producer in this investigation. Because
the only individually calculated rate is
not zero, de minimis, or based entirely
under section 776 of the Act, the
estimated weighted-average rate
calculated for RMPL is the rate assigned
to all other producers and exporters,
pursuant to section 705(c)(5)(A)(i) of the
Act.
67241
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 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.10 Note
that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
Preliminary Determination
notice.11 Pursuant to 19 CFR
Commerce preliminarily determines
351.309(c)(2) and (d)(2), parties who
that the following estimated
submit case briefs or rebuttal briefs in
countervailable subsidy rates exist:
this investigation are encouraged to
submit with each argument: (1) a
Subsidy rate
statement of the issue; (2) a brief
Company
(percent ad
summary of the argument; and (3) a
valorem)
table of authorities.
Pursuant to 19 CFR 351.310(c),
Rajhans Metals Private Limited (RMPL) 9 .....................
3.03 interested parties who wish to request a
All Others ..............................
3.03 hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
Suspension of Liquidation
written request to the Assistant
Secretary for Enforcement and
In accordance with section
Compliance, U.S. Department of
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Commerce within 30 days after the date
of publication of this notice. Requests
Border Protection (CBP) to suspend
should contain the party’s name,
liquidation of entries of subject
address, and telephone number, the
merchandise as described in the scope
number of participants, whether any
of the investigation section entered, or
participant is a foreign national, and a
8 See sections 771(5)(B) and (D) of the Act
list of the issues to be discussed. If a
regarding financial contribution; section 771(5)(E)
request for a hearing is made, Commerce
of the Act regarding benefit; and section 771(5A) of
intends to hold a hearing at a time and
the Act regarding specificity.
date to be determined. Parties should
9 As discussed in the Preliminary Decision
Memorandum, Commerce found the following
company to be cross-owned with Rajhans Metals
Private Limited (RMPL): Rajhans Alloys Private
Limited (RAPL). However, effective March 11, 2016,
RAPL was amalgamated with RMPL, and since
then, ceased to be a separate entity.
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10 See 19 CFR 351.309; see also 19 CFR 351.303
(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).
E:\FR\FM\29SEN1.SGM
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67242
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
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 India 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.
lotter on DSK11XQN23PROD with NOTICES1
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. Benchmarks and Discount Rates
VIII. Diversification of India’s Economy
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023–21553 Filed 9–28–23; 8:45 am]
Appendix I
BILLING CODE 3510–DS–P
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
VerDate Sep<11>2014
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.
21:46 Sep 28, 2023
Jkt 259001
DEPARTMENT OF COMMERCE
International Trade Administration
[C–552–829]
Passenger Vehicle and Light Truck
Tires From the Socialist Republic of
Vietnam: Final Results of
Countervailing Duty Administrative
Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) determines that
the company subject to this
countervailing duty administrative
review of passenger vehicle and light
truck tires (PVLT tires) from the
Socialist Republic of Vietnam (Vietnam)
received countervailable subsidies
during the period of review (POR),
November 10, 2020, through December
31, 2021.
SUMMARY:
DATES:
Applicable September 29, 2023.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, 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) 482–0410.
SUPPLEMENTARY INFORMATION:
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Background
On July 21, 2023, Commerce
published the preliminary results of this
administrative review in the Federal
Register.1 This review covers one
respondent, Bridgestone Tire
Manufacturing Vietnam, LLC
(Bridgestone).
We invited interested parties to
comment on the Preliminary Results.2
On August 21, 2023, we received a
timely case brief from the United Steel,
Paper and Forestry, Rubber,
Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO, CLC (the
petitioner).3 No party submitted a
rebuttal brief or requested a hearing. For
a complete description of the events that
occurred since the Preliminary Results,
see the Issues and Decision
Memorandum.4
Scope of the Order 5
The products covered by the Order
are PVLT tires from Vietnam. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised by interested parties
in briefs are addressed in the Issues and
Decision Memorandum accompanying
this notice. A list of the issues
addressed in the Issues and Decision
Memorandum is provided in the
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
1 See Passenger Vehicle and Light Truck Tires
from the Socialist Republic of Vietnam: Preliminary
Results of Countervailing Duty Administrative
Review and Partial Rescission of Administrative
Review; 2020–2021, 88 FR 47107 (July 21, 2023)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Preliminary Results, 88 FR at 41708.
3 See Petitioner’s Letter, ‘‘Letter in Lieu of a Case
Brief,’’ dated August 21, 2023.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Countervailing Duty Administrative Review of
Passenger Vehicle and Light Truck Tires from the
Socialist Republic of Vietnam; 2020–2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
5 See Passenger Vehicle and Light Truck Tires
from the Socialist Republic of Vietnam:
Countervailing Duty Order, 86 FR 38013 (July 19,
2021) (Order).
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]]>Agencies
[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67240-67242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21553]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-916]
Brass Rod From India: Preliminary Affirmative Countervailing 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 India. The period of
investigation is April 1, 2022, through March 31, 2023. Interested
parties are invited to comment on this preliminary determination.
DATES: Applicable September 29, 2023.
FOR FURTHER INFORMATION CONTACT: Dusten Hom or Mary Kolberg, 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) 482-5075 or (202) 482-1785,
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\
[[Page 67241]]
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 Determinationss of 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 India,'' 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 India.
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.
---------------------------------------------------------------------------
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.
Commerce calculated an individual estimated countervailable subsidy
rate for Rajhans Metals Pvt Ltd. (RMPL), the only individually examined
exporter/producer in this investigation. Because the only individually
calculated rate is not zero, de minimis, or based entirely under
section 776 of the Act, the estimated weighted-average rate calculated
for RMPL 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)
------------------------------------------------------------------------
Rajhans Metals Private Limited (RMPL) \9\............... 3.03
All Others.............................................. 3.03
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 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.
---------------------------------------------------------------------------
\9\ As discussed in the Preliminary Decision Memorandum,
Commerce found the following company to be cross-owned with Rajhans
Metals Private Limited (RMPL): Rajhans Alloys Private Limited
(RAPL). However, effective March 11, 2016, RAPL was amalgamated with
RMPL, and since then, ceased to be a separate entity.
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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.\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 351.303 (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 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 a hearing at a time and date to be determined.
Parties should
[[Page 67242]]
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 India 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. Benchmarks and Discount Rates
VIII. Diversification of India's Economy
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2023-21553 Filed 9-28-23; 8:45 am]
BILLING CODE 3510-DS-P
