Brass Rod From India: Final Affirmative Countervailing Duty Determination, 87407-87408 [2023-27698]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Notices]
[Pages 87407-87408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27698]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-916]


Brass Rod From India: Final Affirmative Countervailing Duty 
Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) 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.

DATES: Applicable December 18, 2023.

FOR FURTHER INFORMATION CONTACT: Dusten Hom, 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.

SUPPLEMENTARY INFORMATION:

Background

    On September 29, 2023, Commerce published the Preliminary 
Determination in the Federal Register.\1\ For a complete description of 
the events that followed the Preliminary Determination, see the Issues 
and Decision Memorandum.\2\ 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 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \1\ See Brass Rod from India: Preliminary Affirmative 
Countervailing Duty Determination, 88 FR 67240 (September 29, 2023) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination of the Countervailing Duty 
Investigation of Brass Rod from India,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
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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

    During the course of this investigation, Commerce received scope 
comments from interested parties. Commerce issued a Preliminary Scope 
Memorandum to address these comments and set aside a period of time for 
parties to address scope issues in scope-specific case and rebuttal 
briefs.\3\ We did not receive timely comments from any interested 
parties on the Preliminary Scope Memorandum. Thus, we did not make any 
changes to the scope of the investigation from the scope published in 
the Preliminary Determination, as noted in Appendix I.
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    \3\ See Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated September 25, 2023 (Preliminary Scope Memorandum).
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Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issue raised in 
the case and rebuttal briefs by parties are discussed in the Issues and 
Decision Memorandum. For a list of the topics discussed, and the issue 
raised by parties to which we responded in the Issues and Decision 
Memorandum, see Appendix II.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Tariff Act of 1930, as amended (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.\4\ For a full description of the 
methodology underlying our final determination, see the Issues and 
Decision Memorandum
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    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; see also section 771(5)(E) of the Act 
regarding benefit; and section 771(5A) of the Act regarding 
specificity.
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Changes Since the Preliminary Determination

    Based on our review and analysis of the information received during 
verification and comments received from parties, for this final 
determination, we made certain changes to the countervailable subsidy 
rate calculations for Rajhans Metals Private Limited (RMPL) and for all 
other producers/exporters. For a discussion of these changes, see the 
Issues and Decision Memorandum.

All-Others Rate

    Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will 
determine an all-others rate equal to the weighted average 
countervailable subsidy rates established for those exporters and/or 
producers individually investigated, excluding any zero and de minimis 
countervailable subsidy rates and any rates based entirely under 
section 776 of the Act.
    Commerce calculated an individual estimated countervailable subsidy 
rate for 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.

Final Determination

    Commerce determines that the following estimated countervailable 
subsidy rates exist for the period of April 1, 2022, through March 31, 
2023:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Rajhans Metals Private Limited \5\......................            2.24
All Others..............................................            2.24
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[[Page 87408]]

Continuation of Suspension of Liquidation
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    \5\ As discussed in the Preliminary Determination PDM, Commerce 
found the following company to be cross-owned with 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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    As a result of our Preliminary Determination, and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. 
Customs and Border Protection (CBP) to collect cash deposits and 
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 September 29, 2023, the date of 
publication of the Preliminary Determination in the Federal Register. 
The suspension of liquidation ordered in the Preliminary Determination 
will remain in effect until further notice.
    Additionally, pursuant to section 705(c)(1)(B)(ii) of the Act and 
19 CFR 351.210(d), where appropriate, Commerce will instruct CBP to 
require a cash deposit equal to the estimated individual 
countervailable subsidy rate or the estimated all-others rate, as 
indicated in the chart above, effective on the date of publication of 
this final determination.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a countervailing duty 
order and require a cash deposit of estimated countervailing duties for 
such entries of subject merchandise in the amounts indicated above, in 
accordance with section 706(a) of the Act. If the ITC determines that 
material injury, or threat of material injury, does not exist, this 
proceeding will be terminated, and all estimated duties deposited or 
securities posted as a result of the suspension of liquidation will be 
refunded or canceled.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this final 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).

ITC Notification

    In accordance with section 705(d) of the Act, Commerce will notify 
the ITC of its final affirmative determination that countervailable 
subsidies are being provided to producers and exporters of brass rod 
from India. As Commerce's final determination is affirmative, in 
accordance with section 705(b) of the Act, the ITC will determine, 
within 45 days, whether the domestic industry in the United States is 
materially injured, or threatened with material injury, by reason of 
imports of brass rod from India. In addition, we are making available 
to the ITC all non-privileged and non-proprietary information related 
to this investigation. We will allow the ITC access to all privileged 
and business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Administrative Protective Order

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to the APO of their responsibility concerning the destruction 
of proprietary information disclosed under APO, in accordance with 19 
CFR 351.305(a)(3). Timely written notification of the return/
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

    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act and 19 CFR 351.210(c).

    Dated: December 11, 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation Information
V. Analysis of Programs
VI. Discussion of the Issue
    Comment: Whether Commerce Correctly Calculated Advance 
Authorization Program Benefits
VII. Recommendation

[FR Doc. 2023-27698 Filed 12-15-23; 8:45 am]
BILLING CODE 3510-DS-P