Brass Rod From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value, 29298-29300 [2024-08456]
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29298
Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Notices
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 an 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: 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.
lotter on DSK11XQN23PROD with NOTICES1
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is certain seamed (welded or
brazed), non-refillable steel cylinders
meeting the requirements of, or produced to
meet the requirements of, U.S. Department of
Transportation specification 39,
TransportCanada specification 39M, or
United Nations pressure receptacle standard
ISO 11118 and otherwise meeting the
description provided below (non-refillable
steel cylinders). The subject non-refillable
steel cylinders are portable and range from
100-cubic inch (1.6 liter) water capacity to
1,526-cubic inch (25 liter) water capacity.
Subject non-refillable steel cylinders may be
imported with or without a valve and/or
pressure release device and are unfilled at
the time of importation. Non-refillable steel
cylinders filled with pressurized air
otherwise meeting the physical description
above are covered by this investigation.
Specifically excluded are seamless nonrefillable steel cylinders.
The merchandise subject to this
investigation is properly classified under
statistical reporting numbers 7311.00.0060
and 7311.00.0090 of the Harmonized Tariff
Schedule of the United States (HTSUS). The
merchandise may also enter under HTSUS
statistical reporting numbers 7310.29.0030
and 7310.29.0065. Although the HTSUS
statistical reporting numbers are provided for
convenience and customs purposes, the
written description of the merchandise is
dispositive.
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Appendix II
DEPARTMENT OF COMMERCE
List of Topics Discussed in the Issues and
Decision Memorandum
International Trade Administration
I. Summary
II. Background
III. Scope of the Investigation
IV. Subsidies Valuation Information
V. Use of Facts Otherwise Available and
Application of Adverse Inferences
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Commerce
Incorrectly Found the Duty Drawback
(DDB) Program to Be Countervailable
Comment 2: Whether Commerce
Incorrectly Determined that the
Mandatory Respondents Benefited from
the Merchandise Export from India
Scheme (MEIS) and Target Plus Scheme
(TPS) After the Programs Were
Discontinued
Comment 3a: Whether Commerce Should
Revise the Calculation of the Export
Promotion of Capital Goods Scheme
(EPCGS) Benefit for Inox
Comment 3b: Whether Commerce
Incorrectly Found the EPCGS to Be
Countervailable
Comment 4a: Whether Commerce
Incorrectly Found the Remission of
Duties and Taxes on Export Products
(RODTEP) Scheme to Be Countervailable
Comment 4b: Whether Commerce Should
Amend Its Benefit Calculation
Methodology for the RODTEP Program
Comment 5a: Whether Commerce Erred by
Applying Adverse Facts Available (AFA)
in Its Specificity Determinations for the
Provision of Cold-Rolled (CR) Steel by
the Steel Authority of India Limited
(SAIL) for Less Than Adequate
Remuneration (LTAR) and the Provision
of Hot-Rolled (HR) Steel by SAIL for
LTAR Programs
Comment 5b: Whether SAIL Is a
Government ‘‘Authority’’
Comment 5c: Whether Commerce Should
Find the Indian CR Steel and HR Steel
Markets to Be Distorted by the
Government of India’s (GOI)
Involvement
Comment 5d: Whether Commerce Properly
Countervailed Bhiwadi’s HR Coil
Purchases
Comment 6: Whether Commerce Should
Correct Its Status Holders Incentive
Scheme (SHIS) Benefit Calculation
Methodology
Comment 7: Whether Inox Received a
Stamp Duty Exemption Within the
Kandla Special Economic Zone (SEZ) to
Produce Subject Merchandise
Comment 8: Whether the Mukhyamantri
Apprentice Training Scheme (MATS)
Confers a Countervailable Subsidy
VIII. Recommendation
[A–580–916]
[FR Doc. 2024–08451 Filed 4–19–24; 8:45 am]
BILLING CODE 3510–DS–P
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Brass Rod From the Republic of
Korea: 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
brass rod from the Republic of Korea
(Korea) is being, or is 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.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill or Drew Jackson, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4037 or (202) 482–4406,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On December 1, 2023, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of brass rod
from Korea, in which it also postponed
the final determination until April 15,
2023.1 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
1 See Brass Rod from the Republic of Korea:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional
Measures, 88 FR 83915 (December 1, 2023)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM)
(Postponing the final determination to 135 days
after the publication of the Preliminary
Determination would place the deadline on Sunday
April 14, 2024. Pursuant to the ‘‘Next Business
Day’’ rule, where a deadline falls on a weekend or
federal holiday, the appropriate deadline is the next
business day. See Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 1930, As Amended, 70 FR 24533
(May 10, 2005)).
2 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination of Sales at
Less-Than-Fair-Value in the Investigation of Brass
Rod from the Republic of Korea,’’ dated
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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 Korea.
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 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.
Verification
All-Others Rate
Commerce verified the sales and cost
information submitted by Booyoung
Industry (BYI) and Daechang Co., Ltd.
(Daechang) 4 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 BYI and
Daechang.5
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 estimated weighted-average
dumping margins that are above de
minimis for the mandatory respondents,
BYI and Daechang. Commerce
calculated the all-others rate by weightaveraging the estimated weightedaverage dumping margins that it
calculated for the individually
examined respondents. Commerce
weight-averaged these dumping margins
using the publicly ranged total
quantities of each respondent’s sales of
subject merchandise to the United
States during the POI.6
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by interested parties in
this investigation are addressed in the
Issues and Decision Memorandum. A
list of the issues raised is attached to
this notice as Appendix II.
Changes Since the Preliminary
Determination
We made certain changes to the
margin calculation for BYI and
Daechang since the Preliminary
Determination. For a discussion of these
changes, see the Issues and Decision
Memorandum.
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margins exist:
Weighted-average
dumping margin
(percent)
Exporter/producer
Booyoung Industry ...................................................................................................................................
Daechang Co., Ltd./Seowon Co. Ltd./IMI Co. Ltd.7 ................................................................................
All Others .................................................................................................................................................
Disclosure
lotter on DSK11XQN23PROD with NOTICES1
Commerce intends to disclose the
calculations performed in connection
with this final determination within five
days of any public announcement or, if
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 Commerce has treated Daechang Co., Ltd.,
Seowon Co. Ltd., and IMI Co. Ltd. as single entity
in this investigation.
5 See Memorandum, ‘‘Verification of the Sales
Response of Booyoung Industry in the Antidumping
Duty Investigation of Brass Rod from the Republic
of Korea,’’ dated February 27, 2024; Memorandum,
‘‘Verification of the Cost Response of Booyoung
Industry (BYI) in the Less-Than-Fair-Value
Investigation of Brass Rod from Korea,’’ dated
February 28, 2024; Memorandum, ‘‘Verification of
the Cost Response of Daechang Co., Ltd. in the LessThan-Fair-Value Investigation of Certain Brass Rod
from the Republic of Korea,’’ dated February 8,
2024; Memorandum, ‘‘Verification of the Sales
Response of Daechang Co., Ltd.’s U.S. Affiliate,
Daechang Lloyds Inc., in the Antidumping
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Cash deposit rate
(adjusted for
subsidy offset(s)
(percent)
9.18
8.26
8.48
7.45
8.04
7.90
there is no public announcement,
within five days of the date of
publication of this notice, in accordance
with 19 CFR 351.224(b).
Suspension of Liquidation
Investigation of Brass Rod from the Republic of
Korea,’’ dated February 27, 2024; and
Memorandum, ‘‘Verification of the Sales Response
of Daechang Co. Ltd. in the Antidumping
Investigation of Brass Rod from the Republic of
Korea,’’ dated February 27, 2024.
6 With two respondents under examination,
Commerce normally calculates: (A) a weightedaverage of the estimated weighted-average dumping
margins calculated for the examined respondents;
(B) a simple average of the estimated weightedaverage dumping margins calculated for the
examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins
calculated for the examined respondents using each
company’s publicly ranged U.S. sale quantities for
the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate
closer to (A) as the most appropriate rate for all
other producers and exporters. See Ball Bearings
and Parts Thereof from France, Germany, Italy,
Japan, and the United Kingdom: Final Results of
Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010), and accompanying Issues and
Decision Memorandum at Comment 1; see also
Memorandum, ‘‘All-Others Rate Calculation,’’ dated
concurrently with this notice.
7 IMI Co. Ltd. is referred to as ‘‘Affiliate A’’ in
Daechang’s response and the Preliminary
Determination. Daechang has consented to the
public disclosure of IMI Co. Ltd.’s identity. See
Daechang’s Letter, ‘‘Response to the Department’s
December 12th Letter Concerning Business
Proprietary Treatment of Certain Information,’’
dated December 15, 2023 (‘‘Nevertheless, in order
to avoid the potential adverse consequences
associated with the Department’s treatment of
certain factual submissions as ‘‘non-conforming’’—
notwithstanding the safeguards afforded to
Daechang under 19 CFR 351.105(c)—Daechang,
under protest, consents to treat Affiliate A’s {i.e.,
IMI Co. Ltd.} identity as public information.’’).
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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 all entries of
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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
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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
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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:
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]]>Agencies
[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Notices]
[Pages 29298-29300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08456]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-916]
Brass Rod From the Republic of Korea: 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
brass rod from the Republic of Korea (Korea) is being, or is 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.
FOR FURTHER INFORMATION CONTACT: Krisha Hill or Drew Jackson, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4037 or (202) 482-4406,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 1, 2023, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
brass rod from Korea, in which it also postponed the final
determination until April 15, 2023.\1\ We invited interested parties to
comment on the Preliminary Determination.
---------------------------------------------------------------------------
\1\ See Brass Rod from the Republic of Korea: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 88 FR 83915 (December 1, 2023) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM) (Postponing the final determination to 135 days after the
publication of the Preliminary Determination would place the
deadline on Sunday April 14, 2024. Pursuant to the ``Next Business
Day'' rule, where a deadline falls on a weekend or federal holiday,
the appropriate deadline is the next business day. See Notice of
Clarification: Application of ``Next Business Day'' Rule for
Administrative Determination Deadlines Pursuant to the Tariff Act of
1930, As Amended, 70 FR 24533 (May 10, 2005)).
---------------------------------------------------------------------------
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
[[Page 29299]]
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, ``Decision Memorandum for the Final
Affirmative Determination of Sales at Less-Than-Fair-Value in the
Investigation of Brass Rod from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is brass rod from Korea.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
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 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 Decision Memorandum).
---------------------------------------------------------------------------
Verification
Commerce verified the sales and cost information submitted by
Booyoung Industry (BYI) and Daechang Co., Ltd. (Daechang) \4\ 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 BYI and Daechang.\5\
---------------------------------------------------------------------------
\4\ Commerce has treated Daechang Co., Ltd., Seowon Co. Ltd.,
and IMI Co. Ltd. as single entity in this investigation.
\5\ See Memorandum, ``Verification of the Sales Response of
Booyoung Industry in the Antidumping Duty Investigation of Brass Rod
from the Republic of Korea,'' dated February 27, 2024; Memorandum,
``Verification of the Cost Response of Booyoung Industry (BYI) in
the Less-Than-Fair-Value Investigation of Brass Rod from Korea,''
dated February 28, 2024; Memorandum, ``Verification of the Cost
Response of Daechang Co., Ltd. in the Less-Than-Fair-Value
Investigation of Certain Brass Rod from the Republic of Korea,''
dated February 8, 2024; Memorandum, ``Verification of the Sales
Response of Daechang Co., Ltd.'s U.S. Affiliate, Daechang Lloyds
Inc., in the Antidumping Investigation of Brass Rod from the
Republic of Korea,'' dated February 27, 2024; and Memorandum,
``Verification of the Sales Response of Daechang Co. Ltd. in the
Antidumping Investigation of Brass Rod from the Republic of Korea,''
dated February 27, 2024.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by interested
parties in this investigation are addressed in the Issues and Decision
Memorandum. A list of the issues raised is attached to this notice as
Appendix II.
Changes Since the Preliminary Determination
We made certain changes to the margin calculation for BYI and
Daechang 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 estimated weighted-
average dumping margins that are above de minimis for the mandatory
respondents, BYI and Daechang. Commerce calculated the all-others rate
by weight-averaging the estimated weighted-average dumping margins that
it calculated for the individually examined respondents. Commerce
weight-averaged these dumping margins using the publicly ranged total
quantities of each respondent's sales of subject merchandise to the
United States during the POI.\6\
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\6\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly ranged U.S. sale
quantities for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closer to (A) as
the most appropriate rate for all other producers and exporters. See
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan,
and the United Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment 1; see also Memorandum, ``All-Others Rate Calculation,''
dated concurrently with this notice.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
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\7\ IMI Co. Ltd. is referred to as ``Affiliate A'' in Daechang's
response and the Preliminary Determination. Daechang has consented
to the public disclosure of IMI Co. Ltd.'s identity. See Daechang's
Letter, ``Response to the Department's December 12th Letter
Concerning Business Proprietary Treatment of Certain Information,''
dated December 15, 2023 (``Nevertheless, in order to avoid the
potential adverse consequences associated with the Department's
treatment of certain factual submissions as ``non-conforming''--
notwithstanding the safeguards afforded to Daechang under 19 CFR
351.105(c)--Daechang, under protest, consents to treat Affiliate A's
{i.e., IMI Co. Ltd.{time} identity as public information.'').
------------------------------------------------------------------------
Cash deposit rate
Weighted-average (adjusted for
Exporter/producer dumping margin subsidy offset(s)
(percent) (percent)
------------------------------------------------------------------------
Booyoung Industry............... 9.18 7.45
Daechang Co., Ltd./Seowon Co. 8.26 8.04
Ltd./IMI Co. Ltd.\7\...........
All Others...................... 8.48 7.90
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with this final determination within five days of any public
announcement or, if there is no public announcement, within five days
of the date of publication of this notice, in accordance with 19 CFR
351.224(b).
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 all entries of
[[Page 29300]]
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
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.
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 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 cross-sections may be round,
hexagonal, square, or octagonal shapes as well as special profiles
(e.g., angles, shapes), including hollow profiles.
Standard leaded brass rod covered by the scope contains, by
weight, 57.0-65.0 percent copper; 0.5-3.0 percent lead; no more than
1.3 percent iron; and at least 15 percent zinc. No-lead or low-lead
brass rod covered by the scope contains by weight 59.0-76.0 percent
copper; 0-1.5 percent lead; no more than 0.35 percent iron; and at
least 15 percent zinc. Brass rod may also include other chemical
elements (e.g., nickel, phosphorous, silicon, tin, etc.).
Brass rod may be in straight lengths or coils. Brass rod covered
by these investigations may be finished or unfinished, and may or
may not be heated, extruded, pickled, or cold-drawn. Brass rod may
be produced in accordance with ASTM B16, ASTM B124, ASTM B981, ASTM
B371, ASTM B453, ASTM B21, ASTM B138, and ASTM B927, but such
conformity to an ASTM standard is not required for the merchandise
to be included within the scope.
Excluded from the scope of this investigation is brass ingot,
which is a casting of unwrought metal unsuitable for conversion into
brass rod without remelting, that contains, by weight, at least 57.0
percent copper and 15.0 percent zinc.
The merchandise covered by this investigation is currently
classifiable under subheadings 7407.21.9000, 7407.21.7000, and
7407.21.1500 of the Harmonized Tariff Schedule of the United States
(HTSUS). Products subject to the scope may also enter under HTSUS
subheadings 7403.21.0000, 7407.21.3000, and 7407.21.5000. The HTSUS
subheadings and UNS alloy designations are provided for convenience
and customs purposes. The written description of the scope of the
investigations is dispositive.
Appendix II
List of 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 Per-Unit 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
