Brass Rod From the Republic of Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83915-83917 [2023-26415]
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Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices
Notification to Interested Parties
Appendix II
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Application of Facts Available and Use of
Adverse Inference
VI. Affiliation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
Dated: November 24, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
lotter on DSK11XQN23PROD with NOTICES1
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.
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[FR Doc. 2023–26416 Filed 11–30–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–916]
Brass Rod From the Republic of
Korea: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that brass rod from the
Republic of Korea (Korea) is being, or
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation (POI) is April 1, 2022,
through March 31, 2023. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable December 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill or Drew Jackson, 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) 482–4037 or (202) 482–4406,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on May 24, 2023.1 On September 8,
2023, Commerce postponed the
1 See Brass Rod from Brazil, India, Israel, Mexico,
the Republic of Korea, and South Africa: Initiation
of Less-Than-Fair-Value Investigations, 88 FR
33575 (May 24, 2023) (Initiation Notice).
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83915
preliminary determination of this
investigation until November 24, 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
included 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 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 in the
Initiation Notice Commerce set aside a
period of time for parties to raise issues
regarding product coverage (i.e., scope).5
Certain interested parties commented on
the scope of the investigation as it
appeared in the Initiation Notice. For a
summary of the product coverage
comments and rebuttal responses
submitted to the record for this
investigation and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6 As
discussed in the Preliminary Scope
Decision Memorandum, Commerce
preliminarily modified, in one respect,
the scope language that appeared in the
2 See Brass Rod from Brazil, India, Israel, Mexico,
the Republic of Korea, and South Africa:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 88 FR 62054
(September 8, 2023).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination of Sales
at Less Than Fair Value in the 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, 88 FR at 33576.
6 See Memorandum, ‘‘Less-Than-Fair-Value
Investigations of Brass Rod from Brazil, India,
Israel, Mexico, the Republic of Korea, and South
Africa and Countervailing Duty Investigations of
Brass Rod from India, Israel, and the Republic of
Korea: Preliminary Scope Decision Memorandum,’’
dated September 25, 2023 (Preliminary Scope
Decision Memorandum).
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83916
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices
Initiation Notice. The scope in
Appendix I reflects the modification.
In the Preliminary Scope Decision
Memorandum, Commerce established
the deadline for parties to submit scope
case and rebuttal briefs.7 Commerce
intends to issue a final scope decision
along with the final determination in
the concurrent countervailing duty
investigation of brass rod from India,
currently due on December 11, 2023.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce calculated
export prices and constructed export
prices in accordance with section 772(a)
and (b) of the Act. Normal value is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and
735(c)(5)(A) of the Act provide that in
the preliminary determination
Commerce shall determine an estimated
all-others rate for all exporters and
producers not individually examined.
This rate shall be an amount equal to
the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
calculated estimated weighted-average
dumping margins that are above de
minimis for the mandatory respondents,
Booyoung Industry and Daechang Co.,
Ltd. (Daechang). Commerce calculated
the all-others rate by weight-averaging
the estimated weighted-average
dumping margins that it calculated for
the individually examined respondents.
Commerce weight-averaged these
dumping margins using the publicly
ranged total quantities of each
respondent’s sales of subject
merchandise to the United States during
the POI.8
Preliminary Determination
lotter on DSK11XQN23PROD with NOTICES1
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
7 Case briefs, other written comments, and
rebuttal briefs submitted by parties in response to
this preliminary LTFV determination should not
include scope-related issues. See Preliminary Scope
Decision Memorandum and ‘‘Public Comment’’
section of this notice.
8 With two respondents under examination,
Commerce normally calculates (A) a weighted-
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Exporter/producer
Weightedaverage
dumping
margin
(percent)
Cash
deposit
rate
(adjusted
for
subsidy
offset(s)
(percent)
the subject merchandise; and (3) the
cash deposit rate for all other producers
and exporters will be equal to the allothers estimated weighted-average
dumping margin.
Disclosure
Commerce intends to disclose its
Booyoung Industry
10.52
10.52 calculations and analysis performed to
Daechang Co.,
interested parties in this preliminary
Ltd./Seowon Co.
determination within five days of any
9
Ltd./Affiliate A ..
9.01
8.85
All Others ..............
9.36
9.20 public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
Suspension of Liquidation
in the Federal Register, in accordance
In accordance with section 733(d)(2)
with 19 CFR 351.224(b).
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to Verification
suspend liquidation of entries of subject
As provided in section 782(i)(1) of the
merchandise, as described in Appendix Act, Commerce intends to verify the
I, entered, or withdrawn from
information relied upon in making its
warehouse, for consumption on or after
final determination.
the date of publication of this notice in
Public Comment
the Federal Register.
Case briefs or other written comments
Further, pursuant to section
on non-scope issues may be submitted
733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to the Assistant Secretary for
Enforcement and Compliance no later
to require a cash deposit equal to the
than seven days after the date on which
estimated weighted-average dumping
the last verification report is issued in
margin or the estimated all-others rate,
this investigation.10 Rebuttal briefs,
as follows: (1) the cash deposit rates for
limited to issues raised in the case
the respondents listed above will be
equal to the company-specific estimated briefs, may be filed not later than five
days after the date for filing case
weighted-average dumping margins
briefs.11 Interested parties who submit
determined in this preliminary
case briefs or rebuttal briefs in this
determination; (2) if the exporter is not
proceeding must submit: (1) a table of
a respondent identified above, but the
contents listing each issue; and (2) a
producer is, then the cash deposit rate
table of authorities.12
will be equal to the company-specific
As provided under 19 CFR
estimated weighted-average dumping
351.309(c)(2) and (d)(2), in prior
margin established for that producer of
proceedings we have encouraged
interested parties to provide an
average of the estimated weighted-average dumping
margins calculated for the examined respondents;
executive summary of their brief that
(B) a simple average of the estimated weightedshould be limited to five pages total,
average dumping margins calculated for the
including footnotes. In this
examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins investigation, we instead request that
calculated for the examined respondents using each interested parties provide at the
company’s publicly ranged U.S. sale quantities for
beginning of their briefs a public,
the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate executive summary for each issue raised
closer to (A) as the most appropriate rate for all
in their briefs.13 Further, we request that
other producers and exporters. See Ball Bearings
interested parties limit their executive
and Parts Thereof from France, Germany, Italy,
summary of each issue to no more than
Japan, and the United Kingdom: Final Results of
450 words, not including citations. We
Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
intend to use the executive summaries
Revocation of an Order in Part, 75 FR 53661, 53663
as the basis of the comment summaries
(September 1, 2010), and accompanying Issues and
included in the issues and decision
Decision Memorandum at Comment 1; see also
Memorandum, ‘‘All-Others Rate Calculation,’’ dated memorandum that will accompany the
concurrently with this notice.
final determination in this investigation.
9 Commerce preliminarily determines that
Daechang Co., Ltd., Seowon Co. Ltd., and Affiliate
A are a single entity. For further discussion, see
Preliminary Decision Memorandum; see also
Memorandum, ‘‘Preliminary Affiliation and
Collapsing Analysis Memorandum Daechang Co.,
Ltd., Seowon Co. Ltd., and Affiliate A,’’ dated
concurrently with this notice. 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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10 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
351.303 (for general filing requirements).
11 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023).
12 See 19 351.309(c)(2) and (d)(2).
13 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
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Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices
We request that interested parties
include footnotes for relevant citations
in the executive summary of each issue.
Note that Commerce has amended
certain of its requirements pertaining to
the service of documents in 19 CFR
351.303(f).14
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 in the
Federal Register. 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.
lotter on DSK11XQN23PROD with NOTICES1
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination in the
Federal Register if, in the event of an
affirmative preliminary determination, a
request for such postponement is made
by exporters who account for a
significant proportion of exports of the
subject merchandise, or in the event of
a negative preliminary determination, a
request for such postponement is made
by the petitioner. Section 351.210(e)(2)
of Commerce’s regulations requires that
a request by an exporter for
postponement of the final determination
be accompanied by a request for
extension of provisional measures from
a four-month period to a period not
more than six months in duration.15
On November 8 and 14, 2023,
pursuant to 19 CFR 351.210(e),
Booyoung Industry and Daechang,
respectively, requested that Commerce
postpone the final determination and
that provisional measures be extended
to a period not to exceed six months.16
In accordance with section 735(a)(2)(A)
14 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
15 See 19 CFR 351.210(e)(2).
16 See Booyoung Industry’s Letter, ‘‘Request for
Extension of Final Determination,’’ dated November
8, 2023; see also Daechang’s Letter, ‘‘Request to
Extend the Deadline for the Final Determination,’’
dated November 14, 2023.
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18:47 Nov 30, 2023
Jkt 262001
of the Act and 19 CFR 351.210(b)(2)(ii),
because: (1) the preliminary
determination is affirmative; (2) the
requesting exporters accounts for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination in the Federal Register.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary 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
these imports of brass rod from Korea
are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
This preliminary determination is
issued and published in accordance
with sections 733(f) and 777(i)(1) of the
Act, and 19 CFR 351.205(c).
Dated: November 24, 2023.
Abdelali Elouaradia,
Deputy 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 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
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Sfmt 4703
83917
chemical elements (e.g., nickel, phosphorous,
silicon, tin, etc.).
Brass rod may be in straight lengths or
coils. Brass rod covered by these
investigations may be finished or unfinished,
and may or may not be heated, extruded,
pickled, or cold-drawn. Brass rod may be
produced in accordance with ASTM B16,
ASTM B124, ASTM B981, ASTM B371,
ASTM B453, ASTM B21, ASTM B138, and
ASTM B927, but such conformity to an
ASTM standard is not required for the
merchandise to be included within the scope.
Excluded from the scope of 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 investigations is dispositive.
Appendix II
List of Sections in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Affiliation/Single Entity
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Adjustments to Cash Deposit Rates for
Export Subsidies in Companion
Countervailing Duty Investigation
IX. Recommendation
[FR Doc. 2023–26415 Filed 11–30–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity to Request
Administrative Review and Join
Annual Inquiry Service List
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–4735.
E:\FR\FM\01DEN1.SGM
01DEN1
]]>Agencies
[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 83915-83917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26415]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-916]
Brass Rod From the Republic of Korea: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that brass rod from the Republic of Korea (Korea) is being,
or likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is April 1, 2022, through
March 31, 2023. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable December 1, 2023.
FOR FURTHER INFORMATION CONTACT: Krisha Hill or Drew Jackson, 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) 482-4037 or (202) 482-4406,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on May 24,
2023.\1\ On September 8, 2023, Commerce postponed the preliminary
determination of this investigation until November 24, 2023.\2\
---------------------------------------------------------------------------
\1\ See Brass Rod from Brazil, India, Israel, Mexico, the
Republic of Korea, and South Africa: Initiation of Less-Than-Fair-
Value Investigations, 88 FR 33575 (May 24, 2023) (Initiation
Notice).
\2\ See Brass Rod from Brazil, India, Israel, Mexico, the
Republic of Korea, and South Africa: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 88 FR
62054 (September 8, 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 included 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 Sales at Less Than Fair Value in the
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\ in
the Initiation Notice Commerce set aside a period of time for parties
to raise issues regarding product coverage (i.e., scope).\5\ Certain
interested parties commented on the scope of the investigation as it
appeared in the Initiation Notice. For a summary of the product
coverage comments and rebuttal responses submitted to the record for
this investigation and accompanying discussion and analysis of all
comments timely received, see the Preliminary Scope Decision
Memorandum.\6\ As discussed in the Preliminary Scope Decision
Memorandum, Commerce preliminarily modified, in one respect, the scope
language that appeared in the
[[Page 83916]]
Initiation Notice. The scope in Appendix I reflects the modification.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 88 FR at 33576.
\6\ See Memorandum, ``Less-Than-Fair-Value Investigations of
Brass Rod from Brazil, India, Israel, Mexico, the Republic of Korea,
and South Africa and Countervailing Duty Investigations of Brass Rod
from India, Israel, and the Republic of Korea: Preliminary Scope
Decision Memorandum,'' dated September 25, 2023 (Preliminary Scope
Decision Memorandum).
---------------------------------------------------------------------------
In the Preliminary Scope Decision Memorandum, Commerce established
the deadline for parties to submit scope case and rebuttal briefs.\7\
Commerce intends to issue a final scope decision along with the final
determination in the concurrent countervailing duty investigation of
brass rod from India, currently due on December 11, 2023.
---------------------------------------------------------------------------
\7\ Case briefs, other written comments, and rebuttal briefs
submitted by parties in response to this preliminary LTFV
determination should not include scope-related issues. See
Preliminary Scope Decision Memorandum and ``Public Comment'' section
of this notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce calculated export prices and
constructed export prices in accordance with section 772(a) and (b) of
the Act. Normal value is calculated in accordance with section 773 of
the Act. For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that
in the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce calculated estimated weighted-
average dumping margins that are above de minimis for the mandatory
respondents, Booyoung Industry and Daechang Co., Ltd. (Daechang).
Commerce calculated the all-others rate by weight-averaging the
estimated weighted-average dumping margins that it calculated for the
individually examined respondents. Commerce weight-averaged these
dumping margins using the publicly ranged total quantities of each
respondent's sales of subject merchandise to the United States during
the POI.\8\
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\8\ With two respondents under examination, Commerce normally
calculates (A) a weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly ranged U.S. sale
quantities for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closer to (A) as
the most appropriate rate for all other producers and exporters. See
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan,
and the United Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment 1; see also Memorandum, ``All-Others Rate Calculation,''
dated concurrently with this notice.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Cash
deposit
Weighted- rate
average (adjusted
Exporter/producer dumping for
margin subsidy
(percent) offset(s)
(percent)
------------------------------------------------------------------------
Booyoung Industry............................... 10.52 10.52
Daechang Co., Ltd./Seowon Co. Ltd./Affiliate A 9.01 8.85
\9\............................................
All Others...................................... 9.36 9.20
------------------------------------------------------------------------
Suspension of Liquidation
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\9\ Commerce preliminarily determines that Daechang Co., Ltd.,
Seowon Co. Ltd., and Affiliate A are a single entity. For further
discussion, see Preliminary Decision Memorandum; see also
Memorandum, ``Preliminary Affiliation and Collapsing Analysis
Memorandum Daechang Co., Ltd., Seowon Co. Ltd., and Affiliate A,''
dated concurrently with this notice. 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 section 733(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 Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit equal
to the estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) the cash deposit rates for the respondents
listed above will be equal to the company-specific estimated weighted-
average dumping margins determined in this preliminary determination;
(2) if the exporter is not a respondent identified above, but the
producer is, then the cash deposit rate will be equal to the company-
specific estimated weighted-average dumping margin established for that
producer of the subject merchandise; and (3) the cash deposit rate for
all other producers and exporters will be equal to the all-others
estimated weighted-average dumping margin.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register, 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 on non-scope issues 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.\10\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\11\ Interested parties who
submit case briefs or rebuttal briefs in this proceeding must submit:
(1) a table of contents listing each issue; and (2) a table of
authorities.\12\
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\10\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\11\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
\12\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\13\
Further, we request that interested parties limit their executive
summary of each issue to no more than 450 words, not including
citations. We intend to use the executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this investigation.
[[Page 83917]]
We request that interested parties include footnotes for relevant
citations in the executive summary of each issue. Note that Commerce
has amended certain of its requirements pertaining to the service of
documents in 19 CFR 351.303(f).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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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 in the Federal Register.
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.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination in the Federal Register
if, in the event of an affirmative preliminary determination, a request
for such postponement is made by exporters who account for a
significant proportion of exports of the subject merchandise, or in the
event of a negative preliminary determination, a request for such
postponement is made by the petitioner. Section 351.210(e)(2) of
Commerce's regulations requires that a request by an exporter for
postponement of the final determination be accompanied by a request for
extension of provisional measures from a four-month period to a period
not more than six months in duration.\15\
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\15\ See 19 CFR 351.210(e)(2).
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On November 8 and 14, 2023, pursuant to 19 CFR 351.210(e), Booyoung
Industry and Daechang, respectively, requested that Commerce postpone
the final determination and that provisional measures be extended to a
period not to exceed six months.\16\ In accordance with section
735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the
preliminary determination is affirmative; (2) the requesting exporters
accounts for a significant proportion of exports of the subject
merchandise; and (3) no compelling reasons for denial exist, Commerce
is postponing the final determination and extending the provisional
measures from a four-month period to a period not greater than six
months. Accordingly, Commerce will make its final determination no
later than 135 days after the date of publication of this preliminary
determination in the Federal Register.
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\16\ See Booyoung Industry's Letter, ``Request for Extension of
Final Determination,'' dated November 8, 2023; see also Daechang's
Letter, ``Request to Extend the Deadline for the Final
Determination,'' dated November 14, 2023.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
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 these imports of brass rod from Korea are materially injuring,
or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This preliminary determination is issued and published in
accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR
351.205(c).
Dated: November 24, 2023.
Abdelali Elouaradia,
Deputy 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 these investigations may be finished or unfinished, and may or
may not be heated, extruded, pickled, or cold-drawn. Brass rod may
be produced in accordance with ASTM B16, ASTM B124, ASTM B981, ASTM
B371, ASTM B453, ASTM B21, ASTM B138, and ASTM B927, but such
conformity to an ASTM standard is not required for the merchandise
to be included within the scope.
Excluded from the scope of 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
investigations is dispositive.
Appendix II
List of Sections in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Affiliation/Single Entity
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Adjustments to Cash Deposit Rates for Export Subsidies in
Companion Countervailing Duty Investigation
IX. Recommendation
[FR Doc. 2023-26415 Filed 11-30-23; 8:45 am]
BILLING CODE 3510-DS-P
