Brass Rod From South Africa: Final Affirmative Determination of Sales at Less Than Fair Value, 29292-29294 [2024-08459]
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29292
Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Notices
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 final 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 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,
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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
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether to Revise Preliminary
Determination on Provision of Electricity
for Less Than Adequate Remuneration
(LTAR)
Comment 2: Whether to Apply Adverse
Facts Available (AFA) to BYI’s Reported
Loan
Comment 3: Whether to Apply AFA to
Essentech’s Loans
Comment 4: Whether Daechang Received
Benefits from the Provision of Carbon
Emission Permits by the GOK-Korea
Emission Trading System (K-ETS)
Comment 5: Whether to Treat Seowon as
a Cross-Owned Producer of Subject
Merchandise for Purposes of Attribution
Comment 6: Whether to Allocate the
Benefit Received Over Total Sales for the
Energy Efficiency Utilizing Artificial
Intelligence Program
Comment 7: Whether to Revise Daechang’s
Benefit Calculation for the Facility
Improvement Fund to Reduce Air
Pollutants in Sihwa Banwol Industrial
Complex Program
Comment 8: Whether the Hwaseong City
Export Logistics Support Program is
Countervailable
VIII. Recommendation
[FR Doc. 2024–08457 Filed 4–19–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–791–828]
Brass Rod From South Africa: 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 South Africa
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.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, AD/CVD
AGENCY:
PO 00000
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Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0665.
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 South Africa, 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 South
Africa. 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 scopespecific case and rebuttal briefs.3 We
did not receive timely comments from
any interested parties on the
Preliminary Scope Decision
1 See Brass Rod from South Africa: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 88 FR
83904 (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
the Investigation of Brass Rod from South Africa,’’
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).
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22APN1
Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Notices
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 Non-Ferrous
Metal Works (SA) (PTY) Ltd. (NFMW) 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 NFMW.
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 calculation for NFMW since the
Preliminary Determination. For a
discussion of these changes, see the
Issues and Decision Memorandum.
lotter on DSK11XQN23PROD with NOTICES1
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 an individual estimated
weighted-average dumping margin for
the sole mandatory respondent, NFMW,
that is not zero, de minimis, or based
entirely on facts otherwise available.
Consequently, Commerce assigned the
estimated weighted-average dumping
margin calculated for NFMW to all other
producers and exporters of the
merchandise under consideration,
4 See Brass Rod from India: Final Affirmative
Countervailing Duty Determination, 88 FR 87407
(December 18, 2023).
5 See Memorandum, ‘‘Sales Verification Report,’’
dated January 23, 2024; Memorandum, ‘‘CEP Sales
Verification Report,’’ dated January 29, 2024, and
Memorandum, ‘‘Verification of the Cost Response of
Non-Ferrous Metal Works (SA) (PTY) Ltd.,’’ dated
February 20, 2024.
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pursuant to section 735(c)(5)(A) of the
Act.
29293
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, Commerce will notify the U.S.
Commerce determines that the
International Trade Commission (ITC) of
following estimated weighted-average
its final affirmative determination of
sales at LTFV. Because Commerce’s
dumping margins exist:
final determination is affirmative, in
Weighted- accordance with section 735(b)(2) of the
average
Act, the ITC will make its final
Exporter/producer
dumping
determination as to whether the
margin
domestic industry in the United States
(percent)
is materially injured, or threatened with
material injury, by reason of imports or
Non-Ferrous Metal Works (SA)
(PTY) Ltd. ................................
10.67 sales (or the likelihood of sales) for
All Others ....................................
10.67 importation of brass rod no later than 45
days after this final determination. If the
ITC determines that such injury does
Disclosure
not exist, this proceeding will be
Commerce intends to disclose the
terminated, all cash deposits posted will
calculations performed in connection
be refunded, and suspension of
with this final determination to
liquidation will be lifted. If the ITC
interested parties within five days of
determines that such injury does exist,
any public announcement or, if there is
Commerce will issue an antidumping
no public announcement, within five
duty order directing CBP to assess, upon
days of the date of publication of this
further instruction by Commerce,
antidumping duties on all imports of the
notice in the Federal Register, in
subject merchandise entered, or
accordance with 19 CFR 351.224(b).
withdrawn from warehouse, for
Continuation of Suspension of
consumption on or after the effective
Liquidation
date of the suspension of liquidation, as
discussed in the ‘‘Continuation of
In accordance with section
Suspension of Liquidation’’ section
735(c)(1)(B) of the Act, Commerce will
above.
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend Administrative Protective Order
liquidation of all entries of subject
This notice serves as the only
merchandise, as described in Appendix reminder to parties subject to an
I of this notice, which were entered, or
administrative protective order (APO) of
withdrawn from warehouse, for
their responsibility concerning the
consumption on or after December 1,
disposition of proprietary information
2023, the date of publication of the
disclosed under APO in accordance
Preliminary Determination in the
with 19 CFR 351.305(a)(3). Timely
Federal Register. These suspension of
written notification of the return or
liquidation instructions will remain in
destruction of APO materials or
effect until further notice.
conversion to judicial protective order is
hereby requested. Failure to comply
Pursuant to section 735(c)(1)(B)(ii) of
with the regulations and terms of an
the Act and 19 CFR 351.210(d), upon
APO is a sanctionable violation.
the publication of this notice, we will
instruct CBP to require a cash deposit
Notification to Interested Parties
for estimated antidumping duties for
This final determination and notice
such entries as follows: (1) the cash
are issued and published in accordance
deposit rate for the respondent listed in
with sections 735(d) and 777(i) of the
the table above is the company-specific
Act and 19 CFR 351.210(c).
estimated weighted-average dumping
Dated: April 15, 2024.
margin listed for the respondent in the
Ryan Majerus,
table; (2) if the exporter is not the
respondent listed in the table above, but Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
the producer is, then the cash deposit
functions and duties of the Assistant
rate is the company-specific estimated
Secretary for Enforcement and Compliance.
weighted-average dumping margin
Appendix I
listed for the producer of the subject
merchandise in the table above; and (3)
Scope of the Investigation
the cash deposit rate for all other
The products covered by this investigation
producers and exporters is the all-others are brass rod and bar (brass rod), which is
estimated weighted-average dumping
defined as leaded, low-lead, and no-lead
margin listed in the table above.
solid brass made from alloys such as, but not
Final Determination
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22APN1
29294
Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Notices
limited to the following alloys classified
under the Unified Numbering System (UNS)
as C27450, C27451, C27460, C34500, C35000,
C35300, C35330, C36000, C36300, C37000,
C37700, C48500, C67300, C67600, and
C69300, and their international equivalents.
The brass rod subject to this investigation
has an actual cross-section or outside
diameter greater than 0.25 inches but less
than or equal to 12 inches. Brass rod crosssections may be round, hexagonal, square, or
octagonal shapes as well as special profiles
(e.g., angles, shapes), including hollow
profiles.
Standard leaded brass rod covered by the
scope contains, by weight, 57.0–65.0 percent
copper; 0.5–3.0 percent lead; no more than
1.3 percent iron; and at least 15 percent zinc.
No-lead or low-lead brass rod covered by the
scope contains by weight 59.0–76.0 percent
copper; 0–1.5 percent lead; no more than
0.35 percent iron; and at least 15 percent
zinc. Brass rod may also include other
chemical elements (e.g., nickel, phosphorous,
silicon, tin, etc.).
Brass rod may be in straight lengths or
coils. Brass rod covered by this investigation
may be finished or unfinished, and may or
may not be heated, extruded, pickled, or
cold-drawn. Brass rod may be produced in
accordance with ASTM B16, ASTM B124,
ASTM B981, ASTM B371, ASTM B453,
ASTM B21, ASTM B138, and ASTM B927,
but such conformity to an ASTM standard is
not required for the merchandise to be
included within the scope.
Excluded from the scope of this
investigation is brass ingot, which is a casting
of unwrought metal unsuitable for
conversion into brass rod without remelting,
that contains, by weight, at least 57.0 percent
copper and 15.0 percent zinc.
The merchandise covered by this
investigation is currently classifiable under
subheadings 7407.21.9000, 7407.21.7000,
and 7407.21.1500 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Products subject to the scope may also enter
under HTSUS subheadings 7403.21.0000,
7407.21.3000, and 7407.21.5000. The HTSUS
subheadings and UNS alloy designations are
provided for convenience and customs
purposes. The written description of the
scope of the investigation is dispositive.
Appendix II
lotter on DSK11XQN23PROD with NOTICES1
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. Discussion of the Issues
Comment 1: Constructed Export Price
(CEP) Offset
Comment 2: Flood-Related Expenses and
Insurance Reimbursement Offset
VII. Recommendation
[FR Doc. 2024–08459 Filed 4–19–24; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–912]
Final Affirmative Determination in the
Less-Than-Fair-Value Investigation of
Certain Non-Refillable Steel Cylinders
From India
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain non-refillable steel cylinders
(cylinders) from the India are being, or
are likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation (POI) is April 1,
2022, through March 31, 2023.
DATES: Applicable April 22, 2024.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Samuel Evans, AD/
CVD Operations, Office IX, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–7425 or (202) 482–2420,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce selected two companies,
Bhiwadi Cylinders Pvt. Ltd./Sapphire
(India) Pvt. Ltd. (collectively Bhiwadi/
Sapphire) 1 and Inox India Limited
(Inox) as the mandatory respondents, in
this investigation. On December 1, 2023,
Commerce published in the Federal
Register the Preliminary Determination,
in which it also postponed the final
determination until not later than 135
days after the date of publication of the
Preliminary Determination (i.e., April
15, 2024).2 We invited parties to
comment on the Preliminary
Determination.
In March 2024, we received case
briefs from Worthington Industries (the
petitioner) and Bhiwadi/Sapphire,3 and
1 Commerce determined that it was appropriate to
collapse Bhiwadi and Sapphire and treat these
companies as a single entity. See Memorandum,
‘‘Preliminary Determination Affiliation and Single
Entity Memorandum,’’ dated November 24, 2023.
2 See Certain Non-Refillable Steel Cylinders from
India: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
Measures, 88 FR 83906 (December 1, 2023)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
3 See Petitioner’s Letter, ‘‘Petitioner’s Case Brief
for Inox India, Ltd,’’ dated March 20, 2024;
Petitioner’s Letter, ‘‘Petitioner’s Case Brief for
Bhiwadi Cylinders Private Limited,’’ dated March
20, 2024; and Bhiwadi/Sapphire’s Letter,
‘‘Bhiwadi’s Revised Case Brief,’’ dated March 26,
2024.
PO 00000
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Sfmt 4703
rebuttal briefs from the petitioner,
Bhiwadi/Sapphire, and Inox.4 For a
complete description of the events that
occurred since the Preliminary
Determination, see the Issues and
Decision Memorandum.5 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 merchandise covered by the
scope of this investigation is cylinders
from India. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
No interested party commented on the
scope of the investigation as it appeared
in the Preliminary Determination.
Therefore, no changes were made to the
scope of the investigation.
Verification
Commerce conducted verification of
the information relied upon in making
its final determination in this
investigation, in accordance with
section 782(i) of the Tariff Act of 1930,
as amended (the Act). Specifically, we
conducted on-site verifications of
Bhiwadi/Sapphire and Inox in
December 2023 and January 2024 using
standard verification procedures,
including an examination of relevant
sales and accounting records, and
original source documents provided by
the respondents.6
4 See Petitioner’s Letter, ‘‘Petitioner’s Rebuttal
Brief for Bhiwadi Cylinders Private Limited,’’ dated
March 26, 2024; Bhiwadi/Sapphire’s Letter,
‘‘Bhiwadi’s Rebuttal Case Brief,’’ dated March 26,
2024; and Inox’s Letter, ‘‘Rebuttal Brief,’’ dated
March 26, 2024.
5 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Certain NonRefillable Steel Cylinders from India,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
6 See Memorandum, ‘‘Verification of the Cost
Response of Bhiwadi Cylinders Private Limited and
Sapphire (India) Private Limited,’’ dated February
8, 2024; Memorandum, ‘‘Verification of the Cost
Response of Inox India Ltd.,’’ dated February 29,
2024; Memorandum, ‘‘Verification of the Sales
Response of Inox India Limited,’’ dated March 11,
2024; and Memorandum, ‘‘Verification of the Sales
Response of Bhiwadi Cylinders Private Limited and
Sapphire (India) Private Limited,’’ dated March 12,
2024.
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]]>Agencies
[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Notices]
[Pages 29292-29294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08459]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-791-828]
Brass Rod From South Africa: 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 South Africa 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.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov, 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) 482-0665.
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 South Africa, 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 South Africa: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 88 FR
83904 (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 South Africa,'' 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 South
Africa. 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
[[Page 29293]]
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).
---------------------------------------------------------------------------
Verification
Commerce verified the sales and cost information submitted by Non-
Ferrous Metal Works (SA) (PTY) Ltd. (NFMW) \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 NFMW.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Sales Verification Report,'' dated January
23, 2024; Memorandum, ``CEP Sales Verification Report,'' dated
January 29, 2024, and Memorandum, ``Verification of the Cost
Response of Non-Ferrous Metal Works (SA) (PTY) Ltd.,'' dated
February 20, 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 calculation for NFMW 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 an individual estimated
weighted-average dumping margin for the sole mandatory respondent,
NFMW, that is not zero, de minimis, or based entirely on facts
otherwise available. Consequently, Commerce assigned the estimated
weighted-average dumping margin calculated for NFMW to all other
producers and exporters of 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
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Non-Ferrous Metal Works (SA) (PTY) Ltd...................... 10.67
All Others.................................................. 10.67
------------------------------------------------------------------------
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 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 rate for the respondent listed
in the table above is the company-specific estimated weighted-average
dumping margin listed for the respondent in the table; (2) if the
exporter is not the 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.
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
[[Page 29294]]
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. Discussion of the Issues
Comment 1: Constructed Export Price (CEP) Offset
Comment 2: Flood-Related Expenses and Insurance Reimbursement
Offset
VII. Recommendation
[FR Doc. 2024-08459 Filed 4-19-24; 8:45 am]
BILLING CODE 3510-DS-P
