Brass Rod From Israel: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 86632-86635 [2023-27439]
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Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices
Exporter/producer
POSCO single entity 4.
others rate if there is no rate for the
intermediate company(ies) involved in
the transaction.6
Weightedaverage
dumping
margin
(percent)
0.00 (de minimis).
Disclosure
Commerce intends to disclose the
calculations for these final results of
review within five days of the date of
publication of this notice in the Federal
Register, in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.224(b).
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Assessment Rates
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries in accordance with
section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). Commerce intends to
issue assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Where the respondent’s weightedaverage dumping margin is either zero
or de minimis within the meaning of 19
CFR 351.106(c)(1), we will instruct CBP
to liquidate the appropriate entries
without regard to antidumping duties.5
Accordingly, because the final
weighted-average dumping margin for
POSCO in this review is zero percent,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties. Consistent with
Commerce’s clarification of its
assessment practice, for entries of
subject merchandise during the POR
produced by the POSCO single entity
for which it did not know the
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the all4 Commerce continues to find that POSCO,
POSCO International Corporation, POSCO MS, and
certain distributors and service centers (i.e.,
Taechang Steel Co., Ltd. and Winsteel Co., Ltd.) are
affiliated pursuant to section 771(33)(E) of the Act,
and further that these companies should be treated
as a single entity (collectively, the POSCO single
entity) pursuant to 19 CFR 351.401(f). See
Preliminary Results PDM at 1.
5 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102
(February 14, 2012).
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Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the POSCO single
entity will be equal to the weightedaverage dumping margin established in
the final results of this administrative
review (i.e., 0.00 percent); (2) for
merchandise exported by a company not
covered in this review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the producer or
exporter participated; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original less-thanfair-value (LTFV) investigation, but the
producer is, the cash deposit rate will be
the rate established for the most recently
completed segment of the proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers and exporters will continue
to be 7.10 percent ad valorem, the allothers rate established in the LTFV
investigation.7
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties and/or
countervailing duties prior to
liquidation of the relevant entries
during the POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
and/or countervailing duties occurred
and the subsequent assessment of
double antidumping duties, and/or an
increase in the amount of antidumping
duties by the amount of the
countervailing duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
6 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
7 See Order, 82 FR at 24098.
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protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. 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 the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: December 7, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. The POSCO Single Entity
V. Changes Since the Preliminary Results
VI. Discussion of the Issues
Comment 1: Whether Commerce
Erroneously Applied the General and
Administrative (G&A) and Financial
(INTEX) Expense Ratios for the Affiliated
Service Centers’ Resales
Comment 2: Whether Commerce
Incorrectly Omitted POSCO’s Sales to
Affiliated Customers Prior to Conducting
the Arm’s-Length Test
Comment 3: Correction of a Clerical Error
VII. Recommendation
[FR Doc. 2023–27438 Filed 12–13–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–508–814]
Brass Rod From Israel: 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 Israel is
being, or is 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
AGENCY:
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Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices
31, 2023. Interested parties are invited
to comment on this preliminary
determination.
DATES: Applicable December 14, 2023.
FOR FURTHER INFORMATION CONTACT:
Andrew Hart, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1058.
SUPPLEMENTARY INFORMATION:
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation is brass rod from Israel.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,5 in the
Initiation Notice Commerce set aside a
period of time for parties to raise issues
regarding product coverage (i.e., scope).6
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.7 As
discussed in the Preliminary Scope
Decision Memorandum, Commerce
preliminarily modified, in one respect,
the scope language as it appeared in the
Initiation Notice. See the revised scope
in Appendix I to this notice.
In the Preliminary Scope Decision
Memorandum, Commerce established
the deadline for parties to submit scope
case and rebuttal briefs.8 Commerce
intends to issue a final scope decision
with the final determination in the
concurrent countervailing duty (CVD)
investigation of brass rod from India,
currently due on December 11, 2023.
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
On November 24, 2023, Commerce
extended the deadline for issuing the
preliminary determination by 14 days
until December 7, 2023.3
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 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
Methodology
registered users at https://
access.trade.gov. In addition, a complete
Commerce is conducting this
version of the Preliminary Decision
investigation in accordance with section
Memorandum can be accessed directly
731 of the Act. Commerce calculated
Weighted-average
dumping margin
(percent)
Exporter/producer
Finkelstein Metals Ltd .............................................................
All Others ................................................................................
Suspension of Liquidation
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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
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).
3 See Memorandum, ‘‘Tolling of Deadlines,’’
dated November 24, 2023.
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86633
constructed export prices in accordance
with section 772(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 an individual estimated
weighted-average dumping margin for
Finkelstein Metals Ltd. (Finkelstein),
the only individually examined
exporter/producer. Because the only
individually calculated dumping margin
is not zero, de minimis, or based
entirely on facts otherwise available, the
estimated weighted-average dumping
margin calculated for Finkelstein is the
margin assigned to all other producers
and exporters, pursuant to section
735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Cash deposit rate (adjusted for subsidy offset(s)) (percent)
Not Applicable.
Not Applicable.
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
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Brass Rod from Israel’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice, 88 FR at 33576.
7 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).
8 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, infra.
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Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices
margin or the estimated all-others rate,
as follows: (1) the cash deposit rate for
the respondents listed above will be
equal to the company-specific estimated
weighted-average dumping margin
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 allothers estimated weighted-average
dumping margin.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion CVD
proceeding when CVD provisional
measures are in effect. Accordingly,
where Commerce preliminarily made an
affirmative determination for
countervailable export subsidies,
Commerce has offset the estimated
weighted-average dumping margin by
the appropriate CVD rate. Any such
adjusted cash deposit rate may be found
in the Preliminary Determination
section above. Should provisional
measures in the companion CVD
investigation expire prior to the
expiration of provisional measures in
this LTFV investigation, Commerce will
direct CBP to begin collecting estimated
antidumping duty cash deposits
unadjusted for countervailed export
subsidies at the time that the
provisional CVD measures expire. These
suspension of liquidation instructions
will remain in effect until further notice.
Disclosure
Commerce intends to disclose its
calculations and analysis performed in
connection with this preliminary
determination to interested parties
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).
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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
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17:39 Dec 13, 2023
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this investigation.9 A timeline for the
submission of case briefs and written
comments will be notified to interested
parties at a later date. 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.10 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.11
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.12 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.
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).13
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 the U.S.
9 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
351.303 (for general filing requirements).
10 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).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
13 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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Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, 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 no 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 exporters for postponement
of the final determination be
accompanied by a request for extension
of provisional measures from a fourmonth period to a period not more than
six months in duration.14
On October 6, 2023, pursuant to 19
CFR 351.210(e), Finkelstein requested
that Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.15 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 exporter
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.16 In addition, Commerce is
tolling all deadlines for this
investigation for a period of 90 days. 17
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
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
14 See
19 CFR 351.210(e)(2).
Finkelstein’s Letter, ‘‘Request for
Postponement of Final Determination and
Provisional Measures Period,’’ dated October 6,
2023.
16 See 19 CFR 351.210(e)(2).
17 See Memorandum, ‘‘Tolling of All Deadlines,’’
dated concurrently with this notice.
15 See
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Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices
purposes. The written description of the
scope of the investigation is dispositive.
preliminary determination or 45 days
after the final determination whether
these imports of brass rod from Israel
are materially injuring, or threaten
material injury to, the U.S. industry.
Appendix II
Notification to Interested Parties
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).
Dated: December 7, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
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Appendix I
[FR Doc. 2023–27439 Filed 12–13–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
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
VerDate Sep<11>2014
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
17:39 Dec 13, 2023
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International Trade Administration
Stanford University et al.; Notice of
Decision on Application for Duty-Free
Entry of Scientific Instruments
This is a decision pursuant to section
6(c) of the Educational, Scientific, and
Cultural Materials Importation Act of
1966 (Pub. L. 89–651, as amended by
Pub. L. 106–36; 80 Stat. 897; 15 CFR
part 301). On November 1, 2023, the
Department of Commerce published a
notice in the Federal Register
requesting public comment on whether
instruments of equivalent scientific
value, for the purposes for which the
instruments identified in the docket(s)
below are intended to be used, are being
manufactured in the United States. See
Application(s) for Duty-Free Entry of
Scientific Instruments, 88FR74977,
November 1, 2023. (Notice). We
received no public comments.
Docket Number: 23–014. Applicant:
Stanford University, Department of
Neurosurgery, Ivan Soltesz Laboratory,
1201 Welch Road, Stanford, CA 94305.
Instrument: 50 mW Fiber-coupled DPSS
473nm blue lasers (x5). Manufacturer:
Shanghai Laser & Optics Century Co.,
Ltd., China. Intended Use: The
instrument will be used to control the
activity of neuronal populations in the
brain of mice in order to study how
altering the activity of specific neurons
can lead to changes in mouse behavior
and/or the emergence of pathological
activity in the brain. Specifically, mice
will be genetically induced to express
particular optogenetic receptors in
neuronal populations in the brain.
These lasers will be used to deliver light
into the brain via implanted fiberoptic
cannula. The receptors, when activated
by light, cause an increase in the
activity of the neurons in which they are
expressed. Lasers will be controlled
through an external controller in order
to only turn on in response to specific
behaviors detected in the mouse. The
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86635
goal of these studies is to identify
specific populations of neurons
responsible for the emergence of various
behaviors and brain states. These
insights will enable the identification of
neuronal targets for future therapeutic
intervention to treat various
neurological disorders.
Docket Number: 23–015. Applicant:
University of Connecticut, 3107
Horsebarn Hill Road, Unit 4210, Storrs,
CT 06269. Instrument: Swim Tunnel
Respirometry Systems and Vertical
Resting Respirometry Systems.
Manufacturer: Loligo Systems,
Denmark. Intended Use: The instrument
Respirometry refers to the study of an
organism’s metabolic rates. For this
research, water bath respirometry
systems will be used to measure how
the metabolic rates of small-bodied fish
and bivalves (oysters, mussels, clams,
etc.) are influenced by the different
environmental conditions including
temperature change and the presence of
chemical stressors such as
contaminants. This scientific equipment
order involvestwo complete swim
tunnel respirometry systems (1500 mL
chamber size for small-bodied fish
species) and four vertical respirometry
chambers (bivalve species) which allow
for the measure of an organism’s
metabolic rate by measuring oxygen
consumption over time. This research
falls under the broader scientific area of
study known as organismal
bioenergetics. The order is broken down
into component parts (for example,
chambers, pumps, tubing, temperature
controls) which together comprise the
complete respirometry systems.
Dated: December 11, 2023.
Gregory W. Campbell,
Director, Subsidies and Economic Analysts,
Enforcement and Compliance.
[FR Doc. 2023–27482 Filed 12–13–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–423–812]
Certain Carbon and Alloy Steel Cut-toLength Plate From Belgium: Final
Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Industeel Belgium S.A. (Industeel) made
AGENCY:
E:\FR\FM\14DEN1.SGM
14DEN1
]]>Agencies
[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86632-86635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27439]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-508-814]
Brass Rod From Israel: 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 Israel is being, or is 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
[[Page 86633]]
31, 2023. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable December 14, 2023.
FOR FURTHER INFORMATION CONTACT: Andrew Hart, AD/CVD Operations, Office
II, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1058.
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\ On
November 24, 2023, Commerce extended the deadline for issuing the
preliminary determination by 14 days until December 7, 2023.\3\
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\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).
\3\ See Memorandum, ``Tolling of Deadlines,'' dated November 24,
2023.
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ 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.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Brass Rod
from Israel'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is brass rod from Israel.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\5\ in
the Initiation Notice Commerce set aside a period of time for parties
to raise issues regarding product coverage (i.e., scope).\6\ 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.\7\ As discussed in the Preliminary Scope Decision
Memorandum, Commerce preliminarily modified, in one respect, the scope
language as it appeared in the Initiation Notice. See the revised scope
in Appendix I to this notice.
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\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice, 88 FR at 33576.
\7\ 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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In the Preliminary Scope Decision Memorandum, Commerce established
the deadline for parties to submit scope case and rebuttal briefs.\8\
Commerce intends to issue a final scope decision with the final
determination in the concurrent countervailing duty (CVD) investigation
of brass rod from India, currently due on December 11, 2023.
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\8\ 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, infra.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce calculated constructed export prices
in accordance with section 772(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 an individual estimated
weighted-average dumping margin for Finkelstein Metals Ltd.
(Finkelstein), the only individually examined exporter/producer.
Because the only individually calculated dumping margin is not zero, de
minimis, or based entirely on facts otherwise available, the estimated
weighted-average dumping margin calculated for Finkelstein is the
margin assigned to all other producers and exporters, pursuant to
section 735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-average Cash deposit rate
Exporter/producer dumping margin (adjusted for subsidy
(percent) offset(s)) (percent)
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Finkelstein Metals Ltd....... 35.88 Not Applicable.
All Others................... 35.88 Not Applicable.
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Suspension of Liquidation
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
[[Page 86634]]
margin or the estimated all-others rate, as follows: (1) the cash
deposit rate for the respondents listed above will be equal to the
company-specific estimated weighted-average dumping margin 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.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
CVD proceeding when CVD provisional measures are in effect.
Accordingly, where Commerce preliminarily made an affirmative
determination for countervailable export subsidies, Commerce has offset
the estimated weighted-average dumping margin by the appropriate CVD
rate. Any such adjusted cash deposit rate may be found in the
Preliminary Determination section above. Should provisional measures in
the companion CVD investigation expire prior to the expiration of
provisional measures in this LTFV investigation, Commerce will direct
CBP to begin collecting estimated antidumping duty cash deposits
unadjusted for countervailed export subsidies at the time that the
provisional CVD measures expire. These suspension of liquidation
instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed in connection with this preliminary determination to
interested parties 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.\9\ A timeline for the
submission of case briefs and written comments will be notified to
interested parties at a later date. 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.\10\ 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.\11\
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\9\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\10\ 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).
\11\ See 19 CFR 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.\12\
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. 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).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ 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. 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 the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, 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 no 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 exporters 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.\14\
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\14\ See 19 CFR 351.210(e)(2).
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On October 6, 2023, pursuant to 19 CFR 351.210(e), Finkelstein
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\15\ 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 exporter 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.\16\ In addition,
Commerce is tolling all deadlines for this investigation for a period
of 90 days.\17\
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\15\ See Finkelstein's Letter, ``Request for Postponement of
Final Determination and Provisional Measures Period,'' dated October
6, 2023.
\16\ See 19 CFR 351.210(e)(2).
\17\ See Memorandum, ``Tolling of All Deadlines,'' dated
concurrently with this notice.
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. 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
[[Page 86635]]
preliminary determination or 45 days after the final determination
whether these imports of brass rod from Israel are materially injuring,
or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: December 7, 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 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. Period of Investigation
IV. Scope of the Investigation
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-27439 Filed 12-13-23; 8:45 am]
BILLING CODE 3510-DS-P
