Brass Rod From India: Final Affirmative Determination of Sales at Less Than Fair Value, 29300-29302 [2024-08455]
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29300
Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Notices
lotter on DSK11XQN23PROD with NOTICES1
brass rod from Korea as described in the
appendix, entered, or withdrawn from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 rate for
the respondents listed in the table above
is the company-specific cash deposit
rate listed for the respondent in the
table; (2) if the exporter is not a
respondent identified in the table above,
but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage 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.
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
this final affirmative determination of
sales at LTFV. Because Commerce’s
final determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of brass rod no later than 45
days after this final determination. If the
ITC determines that such injury does
not exist, this proceeding will be
terminated, all cash deposits posted will
be refunded, and suspension of
liquidation will be lifted. If the ITC
determines that such injury does exist,
Commerce will issue an antidumping
duty order directing CBP to assess, upon
further instruction by Commerce,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation, as
discussed in the ‘‘Continuation of
Suspension of Liquidation’’ section
above.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
VerDate Sep<11>2014
06:41 Apr 20, 2024
Jkt 262001
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of 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
This final determination and this
notice are issued and published
pursuant to sections 735(d) and 777(i) of
the Act, and 19 CFR 351.210(c).
Dated: April 15, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the 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
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
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
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 Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Changes Since the Preliminary
Determination
VI. Affiliation/Single Entity
VII. Discussion of the Issues
Booyoung Industry (BYI) Issues
Comment 1: Whether to Adjust BYI’s
Reported Costs for the Value of Brass
Scrap Obtained as Partial Payment for
Brass Rod Sales to Domestic Customers
Comment 2: Whether to Apply the Cost
Verification Adjustments to BYI’s
Reported Costs
Comment 3: Whether BYI Failed to Report
Accurate Home Market Gross Unit Prices
Comment 4: Whether Commerce Should
Apply Partial Adverse Facts Available to
BYI’s Sales Purchases of Drawn Brass
Rod Products Purchased from an
Unaffiliated Supplier
Daechang Co., Ltd. (Daechang) Issues
Comment 5: Whether to Exclude Selling
Expenses from Daechang’s General and
Administrative Expense Ratio
Comment 6: Whether to Limit Daechang’s
Freight Revenue Cap to Revenue Earned
for Ocean Freight
Comment 7: Whether to Revise Certain PerUnit Packing Expenses
Comment 8: Whether to Use the Revised
Sales Databases That Reflect the Sales
Verification Minor Corrections
VIII. Recommendation
[FR Doc. 2024–08456 Filed 4–19–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–915]
Brass Rod From India: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of brass rod from India are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV) for the period of investigation
(POI) April 1, 2022, through March 31,
2023.
DATES: Applicable April 22, 2024.
AGENCY:
E:\FR\FM\22APN1.SGM
22APN1
29301
Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Notices
FOR FURTHER INFORMATION CONTACT:
Allison Hollander or Christopher
Williams, AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2805 or
(202) 482–5166, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 1, 2023, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of brass rod
from India, in which it also postponed
the final determination until April 15,
2024.1 We invited interested parties to
comment on the Preliminary
Determination.
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in 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 Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation is brass rod from India. For
a complete description of the scope of
this investigation, see Appendix I.
Changes Since the Preliminary
Determination
Scope Comments
We made certain changes to the
margin calculations for Rajhans and
Shree since the Preliminary
Determination. For a discussion of these
changes, see the Issues and Decision
Memorandum.
During this investigation, Commerce
received scope comments from parties.
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments and set aside a period for
parties to address scope issues in scopespecific case and rebuttal briefs.3 We
did not receive timely comments from
any interested parties on the
Preliminary Scope Decision
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.4
Verification
Commerce verified the sales and cost
information submitted by Rajhans
Metals Pvt Ltd (Rajhans) and Shree
Extrusions Limited (Shree) 5 for use in
our final determination, consistent with
section 782(i) of the Tariff Act of 1930,
as amended (the Act). We used standard
verification procedures, including an
examination of relevant sales and
accounting records, and original source
documents provided by Rajhans and
Shree.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by interested
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of the issues
addressed in the Issues and Decision
Memorandum is attached to this notice
as Appendix II.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for individually investigated
exporters and producers, excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act, i.e., facts otherwise available.
In this investigation, Commerce
calculated individual estimated
weighted-average dumping margins for
Rajhans and Shree that are not zero, de
minimis, or based entirely on facts
otherwise available. Because the
individually calculated margins are not
zero, de minimis, or based entirely on
facts otherwise available, Commerce
calculated an all-others rate using a
weighted averages of the weightedaverage dumping margins calculated for
Rajhans and Shree using each
company’s publicly ranged U.S. sales
values for the merchandise under
consideration, pursuant to section
735(c)(5)(A) of the Act.
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margins exist:
Weighted-average
dumping margin
(percent)
Exporter/producer
Rajhans Metals Pvt Ltd .................................................................................................................................
Shree Extrusions Limited ...............................................................................................................................
All Others .......................................................................................................................................................
Disclosure
lotter on DSK11XQN23PROD with NOTICES1
Commerce intends to disclose the
calculations performed in connection
with this final determination to
interested parties within five days of
1 See Brass Rod from India: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 88 FR
83900 (December 1, 2023) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination of Sales at Less Than Fair Value in
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06:41 Apr 20, 2024
Jkt 262001
Adjusted cash
deposit rate
(percent)
2.19
5.42
2.41
0.00
3.22
0.00
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).
Continuation of Suspension of
Liquidation
the Investigation of Brass Rod from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated September 25, 2023
(Preliminary Scope Decision Memorandum).
4 See Brass Rod from India: Final Affirmative
Countervailing Duty Determination, 88 FR 87407
(December 18, 2023) (Brass Rod from India
Countervailing Duty Final).
5 See Memoranda, ‘‘Sales Verification Report for
Rajhans Metals Private Limited,’’ dated January 23,
2024; ‘‘Sales Verification report for Shree
Extrusions Limited,’’ dated January 23, 2024;
‘‘Verification of the Cost Response of Rajhans
Metals Private Limited,’’ dated February 12, 2024;
and ‘‘Verification of the Cost Response of Shree
Extrusions Limited,’’ dated February 26, 2024.
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
E:\FR\FM\22APN1.SGM
22APN1
29302
Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Protection (CBP) to continue to suspend
liquidation of all entries of subject
merchandise, as described in Appendix
I of this notice, which were entered, or
withdrawn from warehouse, for
consumption on or after December 1,
2023, the date of publication of the
Preliminary Determination in the
Federal Register. These suspension of
liquidation instructions will remain in
effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), upon
the publication of this notice, we will
instruct CBP to require a cash deposit
for estimated antidumping duties for
such entries as follows: (1) the cash
deposit rates for the respondents listed
in the table above are the companyspecific estimated weighted-average
dumping margins listed for the
respondents in the table; (2) if the
exporter is not a respondent listed in the
table above, but the producer is, then
the cash deposit rate is the companyspecific estimated weighted-average
dumping margin listed for the producer
of the subject merchandise in the table
above; and (3) the cash deposit rate for
all other producers and exporters is the
all-others estimated weighted-average
dumping margin listed in the table
above.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty investigation.
Accordingly, because Commerce made
an affirmative final determination for
countervailable export subsidies,6
Commerce has offset the estimated
weighted-average dumping margin by
the appropriate export subsidy rate. Any
such adjusted cash deposit rate may be
found in the ‘‘Final Determination’’
section above.
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its final affirmative determination of
sales at LTFV. Because Commerce’s
final determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of brass rod no later than 45
6 See Brass Rod from India Countervailing Duty
Final and accompanying Issues and Decision
Memorandum at 3–4 for export subsidies we found
to be specific under sections 771(5A)(A) and (B) of
the Act.
VerDate Sep<11>2014
06:41 Apr 20, 2024
Jkt 262001
days after this final determination. If the
ITC determines that such injury does
not exist, this proceeding will be
terminated, all cash deposits posted will
be refunded, and suspension of
liquidation will be lifted. If the ITC
determines that such injury does exist,
Commerce will issue an antidumping
duty order directing CBP to assess, upon
further instruction by Commerce,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation, as
discussed in the ‘‘Continuation of
Suspension of Liquidation’’ section
above.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This final determination and notice
are issued and published in accordance
with sections 735(d) and 777(i) of the
Act and 19 CFR 351.210(c).
Dated: April 15, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the 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
PO 00000
Frm 00021
Fmt 4703
Sfmt 9990
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. Period of Investigation
IV. Scope of the Investigation
V. Changes Since the Preliminary
Determination
VI. Adjustments to Cash Deposit Rates for
Export Subsidies
VII. Discussion of the Issues
Comment 1: Rajhans’ Scrap Recovery
Methodology
Comment 2: Rajhans’ Work-in-Process
(WIP) Adjustment
Comment 3: Rajhans’ Billet Material
Comment 4: Rajhans’ on Notice
Comment 5: Shree’s U.S. International
Movement Expenses
Comment 6: Quarterly Cost Methodology
VIII. Recommendation
[FR Doc. 2024–08455 Filed 4–19–24; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\22APN1.SGM
22APN1
]]>Agencies
[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Notices]
[Pages 29300-29302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08455]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-915]
Brass Rod From India: Final Affirmative Determination of Sales at
Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of brass rod from India are being, or are likely to be, sold in
the United States at less than fair value (LTFV) for the period of
investigation (POI) April 1, 2022, through March 31, 2023.
DATES: Applicable April 22, 2024.
[[Page 29301]]
FOR FURTHER INFORMATION CONTACT: Allison Hollander or Christopher
Williams, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2805
or (202) 482-5166, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 1, 2023, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
brass rod from India, in which it also postponed the final
determination until April 15, 2024.\1\ We invited interested parties to
comment on the Preliminary Determination.
---------------------------------------------------------------------------
\1\ See Brass Rod from India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 88 FR
83900 (December 1, 2023) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------
A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in 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 Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of Sales at Less Than Fair Value in
the Investigation of Brass Rod from India,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is brass rod from India.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
During this investigation, Commerce received scope comments from
parties. Commerce issued a Preliminary Scope Decision Memorandum to
address these comments and set aside a period 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 Decision 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.\4\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated September 25, 2023 (Preliminary Scope Decision Memorandum).
\4\ See Brass Rod from India: Final Affirmative Countervailing
Duty Determination, 88 FR 87407 (December 18, 2023) (Brass Rod from
India Countervailing Duty Final).
---------------------------------------------------------------------------
Verification
Commerce verified the sales and cost information submitted by
Rajhans Metals Pvt Ltd (Rajhans) and Shree Extrusions Limited (Shree)
\5\ for use in our final determination, consistent with section 782(i)
of the Tariff Act of 1930, as amended (the Act). We used standard
verification procedures, including an examination of relevant sales and
accounting records, and original source documents provided by Rajhans
and Shree.
---------------------------------------------------------------------------
\5\ See Memoranda, ``Sales Verification Report for Rajhans
Metals Private Limited,'' dated January 23, 2024; ``Sales
Verification report for Shree Extrusions Limited,'' dated January
23, 2024; ``Verification of the Cost Response of Rajhans Metals
Private Limited,'' dated February 12, 2024; and ``Verification of
the Cost Response of Shree Extrusions Limited,'' dated February 26,
2024.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II.
Changes Since the Preliminary Determination
We made certain changes to the margin calculations for Rajhans and
Shree since the Preliminary Determination. For a discussion of these
changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act, i.e., facts otherwise available.
In this investigation, Commerce calculated individual estimated
weighted-average dumping margins for Rajhans and Shree that are not
zero, de minimis, or based entirely on facts otherwise available.
Because the individually calculated margins are not zero, de minimis,
or based entirely on facts otherwise available, Commerce calculated an
all-others rate using a weighted averages of the weighted-average
dumping margins calculated for Rajhans and Shree using each company's
publicly ranged U.S. sales values for the merchandise under
consideration, pursuant to section 735(c)(5)(A) of the Act.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
------------------------------------------------------------------------
Weighted-average Adjusted cash
Exporter/producer dumping margin deposit rate
(percent) (percent)
------------------------------------------------------------------------
Rajhans Metals Pvt Ltd............. 2.19 0.00
Shree Extrusions Limited........... 5.42 3.22
All Others......................... 2.41 0.00
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with this final 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).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
[[Page 29302]]
Protection (CBP) to continue to suspend liquidation of all entries of
subject merchandise, as described in Appendix I of this notice, which
were entered, or withdrawn from warehouse, for consumption on or after
December 1, 2023, the date of publication of the Preliminary
Determination in the Federal Register. These suspension of liquidation
instructions will remain in effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, we will instruct CBP
to require a cash deposit for estimated antidumping duties for such
entries as follows: (1) the cash deposit rates for the respondents
listed in the table above are the company-specific estimated weighted-
average dumping margins listed for the respondents in the table; (2) if
the exporter is not a respondent listed in the table above, but the
producer is, then the cash deposit rate is the company-specific
estimated weighted-average dumping margin listed for the producer of
the subject merchandise in the table above; and (3) the cash deposit
rate for all other producers and exporters is the all-others estimated
weighted-average dumping margin listed in the table above.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty investigation. Accordingly, because Commerce made
an affirmative final determination for countervailable export
subsidies,\6\ Commerce has offset the estimated weighted-average
dumping margin by the appropriate export subsidy rate. Any such
adjusted cash deposit rate may be found in the ``Final Determination''
section above.
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\6\ See Brass Rod from India Countervailing Duty Final and
accompanying Issues and Decision Memorandum at 3-4 for export
subsidies we found to be specific under sections 771(5A)(A) and (B)
of the Act.
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U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of brass rod no later than 45 days after this
final determination. If the ITC determines that such injury does not
exist, this proceeding will be terminated, all cash deposits posted
will be refunded, and suspension of liquidation will be lifted. If the
ITC determines that such injury does exist, Commerce will issue an
antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed in the ``Continuation of Suspension of
Liquidation'' section above.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This final determination and notice are issued and published in
accordance with sections 735(d) and 777(i) of the Act and 19 CFR
351.210(c).
Dated: April 15, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Period of Investigation
IV. Scope of the Investigation
V. Changes Since the Preliminary Determination
VI. Adjustments to Cash Deposit Rates for Export Subsidies
VII. Discussion of the Issues
Comment 1: Rajhans' Scrap Recovery Methodology
Comment 2: Rajhans' Work-in-Process (WIP) Adjustment
Comment 3: Rajhans' Billet Material
Comment 4: Rajhans' on Notice
Comment 5: Shree's U.S. International Movement Expenses
Comment 6: Quarterly Cost Methodology
VIII. Recommendation
[FR Doc. 2024-08455 Filed 4-19-24; 8:45 am]
BILLING CODE 3510-DS-P
