Brass Rod From Israel: Final Affirmative Determination of Sales at Less Than Fair Value, 63402-63404 [2024-17173]
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63402
Federal Register / Vol. 89, No. 150 / Monday, August 5, 2024 / Notices
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, 19 CFR 351.213, and 19 CFR
351.221(b)(4).
Dated: July 29, 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
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Periods of Review
IV. Scope of the Orders
V. Analysis of Certification Eligibility
VI. Recommendation
[FR Doc. 2024–17171 Filed 8–2–24; 8:45 am]
BILLING CODE 3510–DS–P
Scope of the Investigation
The product covered by this
investigation is brass rod from Israel.
For a complete description of the scope
of this investigation, see Appendix I to
this notice.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–508–814]
Brass Rod From Israel: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
brass rod from Israel is being, or is likely
to be, sold in the United States at less
than fair value (LTFV). The period of
investigation (POI) is April 1, 2022,
through March 31, 2023.
DATES: Applicable August 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Andrew Hart, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1058.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
Background
On December 14, 2023, Commerce
published in the Federal Register its
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preliminary affirmative determination
in the LTFV investigation of brass rod
from Israel and invited interested
parties to comment on the Preliminary
Determination.1 On December 7, 2023,
due to the outbreak of war in Israel and
the consequent impacts on all parts of
the country, and in consideration of the
November 21, 2023 letters submitted by
the Government of Israel,2 Commerce
tolled all deadlines for this investigation
for a period of 90 days.3 On July 22,
2024, Commerce tolled certain
deadlines in this proceeding by seven
days.4 The deadline for the final
determination is now July 29, 2024.
A summary of the events that
occurred since Commerce published its
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.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 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 scope1 See Brass Rod from Israel: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 88 FR
86632 (December 14, 2023) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum.
2 See Government of Israel’s Letter, ‘‘Comments
on Prelim Determination,’’ dated November 21,
2023; and Embassy of Israel’s Letter, ‘‘Upcoming
Preliminary Decision,’’ dated November 21, 2023.
3 See Memorandum, ‘‘Tolling of Deadlines in the
Less-Than-Fair Value Investigation of Brass Rod
from Israel,’’ dated December 7, 2023.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
5 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Brass Rod from
Israel,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
specific case and rebuttal briefs.6 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 and
included in Appendix I.7
Verification
As provided in section 782(i)(1) of the
Tariff Act of 1930, as amended (the Act),
in April and May 2024, we verified the
sales and cost information submitted by
Finkelstein Metals Ltd. (Finkelstein) for
use in our final determination. We used
standard verification procedures,
including an examination of relevant
sales and accounting records, and
original source documents provided by
Finkelstein.8
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 as Appendix
II to this notice.
Changes Since the Preliminary
Determination
We made certain changes to the
margin calculation for Finkelstein, since
the Preliminary Determination.9 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 weightedaverage dumping margin for all other
exporters and producers not
individually examined shall be an
amount equal to the weighted average of
the estimated weighted-average
dumping margins established for
exporters and producers individually
6 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated September 25, 2023
(Preliminary Scope Decision Memorandum).
7 See Brass Rod from India: Final Affirmative
Countervailing Duty Determination, 88 FR 87407
(December 18, 2023); see also Preliminary
Determination.
8 See Memorandum, ‘‘Verification of the Cost
Response of Finkelstein Metals Ltd. in the LessThan-Fair-Value Investigation of Brass Rods from
Israel,’’ dated June 5, 2024; Memorandum, ‘‘U.S.
Virtual Verification of the Response of Finkelstein
Metals USA Inc. in the Less-Than-Fair-Value
Investigation of Brass Rod from Israel,’’ dated June
11, 2024; and Memorandum, ‘‘Verification of the
Sales Response of Finkelstein Metals Ltd. in the
Antidumping Duty Investigation of Brass Rod from
the Israel,’’ dated June 11, 2024.
9 See Memorandum, ‘‘Analysis for the Final
Determination for Finkelstein Metals Ltd.,’’ dated
concurrently with this notice.
E:\FR\FM\05AUN1.SGM
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Federal Register / Vol. 89, No. 150 / Monday, August 5, 2024 / Notices
investigated, excluding any zero and de
minimis margins, and any margins
determined entirely under section 776
of the Act.
In this investigation, Commerce
calculated an individual estimated
weighted-average dumping margin for
Finkelstein, the only individually
examined exporter/producer. Because
the only individually calculated
dumping margin is not zero, de
minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for Finkelstein is the margin
assigned to all other producers and
Weightedaverage
dumping
margin
(percent)
Exporter/producer
Finkelstein Metals Ltd .................................................................
All Others ....................................................................................
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 publication of the notice in
the Federal Register, in accordance with
19 CFR 351.224(b).
lotter on DSK11XQN23PROD with NOTICES1
Suspension of Liquidation
As a result of our Preliminary
Determination, and pursuant to sections
733(d)(2) and 733(d)(1)(B) of the Act
and 19 CFR 351.205(d), Commerce
instructed U.S. Customs and Border
Protection (CBP) to collect cash deposits
and suspend liquidation of entries of
subject merchandise as described in the
scope of the investigation, entered, or
withdrawn from warehouse, for
consumption on or after December 14,
2024, the date of publication of the
Preliminary Determination in the
Federal Register. In accordance with
section 733(d)(2)(b) of the Act, we
instructed CBP to discontinue the
suspension of liquidation of all entries
of subject merchandise entered or
withdrawn from warehouse on or after
June 11, 2024, but to continue the
suspension of liquidation of all entries
of subject merchandise on or before June
10, 2024.
Pursuant to sections 736(a),
735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), in the event of an
affirmative injury determination by the
U.S. International Trade Commission
(ITC), we will issue an antidumping
duty order, reinstate the suspension of
liquidation, and require a cash deposit
of estimated antidumping duties for
such entries of subject merchandise in
the amounts indicated above. Effective
on the date of publication in the Federal
Register of the ITC’s final
determination, Commerce will instruct
CBP to require a cash deposit equal to
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18:38 Aug 02, 2024
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19.48
19.48
In accordance with section 735(d) of
the Act, we will notify the 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
Fmt 4703
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margins exist for the period,
April 1, 2022, through March 31, 2023:
Not Applicable.
Not Applicable.
U.S. International Trade Commission
Notification
Frm 00006
exporters, pursuant to section
735(c)(5)(A) of the Act.
Cash deposit rate
(adjusted for subsidy offset(s))
(percent)
the estimated weighted-average
dumping margin or the estimated all
others rate as follows: (1) the cash
deposit rate for the companies listed
above will be equal to the companyspecific estimated weighted-average
dumping margin determined in this
final determination; (2) if the exporter is
not a respondent identified above but
the producer is, then the cash deposit
rate will be equal to the companyspecific 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 weightedaverage dumping margin.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion CVD
proceeding when CVD provisional
measures are in effect. Accordingly,
where Commerce made a final
affirmative determination for
countervailable export subsidies,
Commerce has offset the estimated
weighted-average dumping margin by
the appropriate CVD rate. Any such
adjusted cash deposit rate may be found
in the ‘‘Final Determination’’ section
above.
Pursuant to section 735(c)(2) of the
Act, if the ITC determines that material
injury, or threat of material injury, does
not exist, this proceeding will be
terminated, and all estimated duties
deposited or securities posted as a result
of the suspension of liquidation will be
refunded or canceled.
PO 00000
63403
Sfmt 4703
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 from Israel no
later than 45 days after this final
determination. If the ITC determines
that such injury does not exist, this
proceeding will be terminated, and 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 above in the ‘‘Suspension of
Liquidation’’ section.
Administrative Protective Order
This notice serves as a final reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a violation subject to sanction.
Notification to Interested Parties
This determination and this notice are
issued and published in accordance
with sections 735(d) and 777(i) of the
Act, and 19 CFR 351.210(c).
E:\FR\FM\05AUN1.SGM
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63404
Federal Register / Vol. 89, No. 150 / Monday, August 5, 2024 / Notices
Dated: July 29, 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.
IV. Discussion of the Issue
Comment: Whether to Grant a Level of
Trade Adjustment
V. Recommendation
[FR Doc. 2024–17173 Filed 8–2–24; 8:45 am]
BILLING CODE 3510–DS–P
Appendix I
lotter on DSK11XQN23PROD with NOTICES1
Scope of the Investigation
The products covered by this investigation
are brass rod and bar (brass rod), which is
defined as leaded, low-lead, and no-lead
solid brass made from alloys such as, but not
limited to the following alloys classified
under the Unified Numbering System (UNS)
as C27450, C27451, C27460, C34500, C35000,
C35300, C35330, C36000, C36300, C37000,
C37700, C48500, C67300, C67600, and
C69300, and their international equivalents.
The brass rod subject to this investigation
has an actual cross-section or outside
diameter greater than 0.25 inches but less
than or equal to 12 inches. Brass rod crosssections may be round, hexagonal, square, or
octagonal shapes as well as special profiles
(e.g., angles, shapes), including hollow
profiles.
Standard leaded brass rod covered by the
scope contains, by weight, 57.0–65.0 percent
copper; 0.5–3.0 percent lead; no more than
1.3 percent iron; and at least 15 percent zinc.
No-lead or low-lead brass rod covered by the
scope contains by weight 59.0–76.0 percent
copper; 0–1.5 percent lead; no more than
0.35 percent iron; and at least 15 percent
zinc. Brass rod may also include other
chemical elements (e.g., nickel, phosphorous,
silicon, tin, etc.).
Brass rod may be in straight lengths or
coils. Brass rod covered by this investigation
may be finished or unfinished, and may or
may not be heated, extruded, pickled, or
cold-drawn. Brass rod may be produced in
accordance with ASTM B16, ASTM B124,
ASTM B981, ASTM B371, ASTM B453,
ASTM B21, ASTM B138, and ASTM B927,
but such conformity to an ASTM standard is
not required for the merchandise to be
included within the scope.
Excluded from the scope of this
investigation is brass ingot, which is a casting
of unwrought metal unsuitable for
conversion into brass rod without remelting,
that contains, by weight, at least 57.0 percent
copper and 15.0 percent zinc.
The merchandise covered by this
investigation is currently classifiable under
subheadings 7407.21.9000, 7407.21.7000,
and 7407.21.1500 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Products subject to the scope may also enter
under HTSUS subheadings 7403.21.0000,
7407.21.3000, and 7407.21.5000. The HTSUS
subheadings and UNS alloy designations are
provided for convenience and customs
purposes. The written description of the
scope of the investigation is dispositive.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–106, C–570–107]
Wooden Cabinets and Vanities and
Components Thereof From the
People’s Republic of China: Final
Scope Determination, Certification
Requirements, and Recission of
Circumvention Inquiries on the
Antidumping and Countervailing Duty
Orders; Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice; correction.
AGENCY:
The U.S. Department of
Commerce (Commerce) published a
notice in the Federal Register of July 17,
2024, in which Commerce implemented
a certification regime. This notice did
not correctly state the grace period for
parties to certify wooden cabinets and
vanities and components thereof
(wooden cabinets) shipped prior to the
publication of the Federal Register
Notice.
FOR FURTHER INFORMATION CONTACT:
Michael Romani, 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) 482–0198.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Appendix II
Background
On July 17, 2024, Commerce
published in the Federal Register the
final scope determinations, certification
requirements, and recission of
circumvention inquiries on the
antidumping and countervailing duty
orders on wooden cabinets.1 In that
notice, Commerce did not correctly
describe the grace period for goods that
were shipped before the implementation
of the certification regime in the text,
although this was alluded to in the
importer and exporter appendices.
Additionally, Commerce did not explain
that entries accompanied by the
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes from the Preliminary
Determination
1 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Final Scope Determination, Certification
Requirements, and Rescission of Circumvention
Inquiries on the Antidumping and countervailing
Duty Orders, 89 FR 58110 (July 17, 2024).
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18:38 Aug 02, 2024
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PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
appropriate certification documentation
do not require suspension of liquidation
or cash deposits.
Correction
In the Federal Register of July 17,
2024, in FR Doc 2024–15681, on page
58111, in the second column, correct
the text in the first full paragraph by
adding the following sentence to the
end of the paragraph: ‘‘For entries
accompanied by a certification, no
suspension of liquidation or cash
deposits are required.’’ The corrected
paragraph is attached to this notice as
Appendix I.
In addition, in the Federal Register of
July 17, 2024, in FR Doc 2024–15681, on
page 58112, in the second column,
correct the third paragraph under the
‘‘Certification Requirements for
Malaysia and Vietnam’’ by inserting the
following sentence at the end of the
paragraph: ‘‘Note: For merchandise
shipped within 45 days of the date of
the publication of this Federal Register
notice (i.e., 07/17/2024), the
certification requirements should be met
as soon as practicable, but no later than
8/31/2024.’’
Additionally, in the Federal Register
of July 17, 2024, in FR Doc 2024–15681,
on page 58113, in Appendix II, at
paragraph N. of the Importer
Certification, and on page 58114 in
Appendix III at paragraph K. of the
Exporter Certification, correct the
language in each appendix to state:
‘‘within 45 days of the date of
publication of this notice in the Federal
Register.’’ The corrected paragraphs are
attached to this notice as Appendix II.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 781(b) and
777(i) of the Tariff Act of 1930, as
amended, 19 CFR 351.225(h), 19 CFR
351.226(f)(6), and 19 CFR 351.228.
Dated: July 30, 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
Liquidation in Accordance With Final
Scope Ruling
Specifically, if an importer of wooden
cabinets from Malaysia or Vietnam claims
that the wooden cabinet was not produced
using Scenarios 1, 2, or 3, then the importer
and exporter must meet the certification and
documentation requirements described in
Appendices II and III. An exporter of wooden
cabinets in Malaysia or Vietnam claiming its
wooden cabinet were not produced using the
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]]>Agencies
[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Notices]
[Pages 63402-63404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17173]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-508-814]
Brass Rod From Israel: Final Affirmative Determination of Sales
at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
brass rod from Israel is being, or is likely to be, sold in the United
States at less than fair value (LTFV). The period of investigation
(POI) is April 1, 2022, through March 31, 2023.
DATES: Applicable August 5, 2024.
FOR FURTHER INFORMATION CONTACT: Andrew Hart, AD/CVD Operations, Office
II, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1058.
SUPPLEMENTARY INFORMATION:
Background
On December 14, 2023, Commerce published in the Federal Register
its preliminary affirmative determination in the LTFV investigation of
brass rod from Israel and invited interested parties to comment on the
Preliminary Determination.\1\ On December 7, 2023, due to the outbreak
of war in Israel and the consequent impacts on all parts of the
country, and in consideration of the November 21, 2023 letters
submitted by the Government of Israel,\2\ Commerce tolled all deadlines
for this investigation for a period of 90 days.\3\ On July 22, 2024,
Commerce tolled certain deadlines in this proceeding by seven days.\4\
The deadline for the final determination is now July 29, 2024.
---------------------------------------------------------------------------
\1\ See Brass Rod from Israel: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 88 FR
86632 (December 14, 2023) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
\2\ See Government of Israel's Letter, ``Comments on Prelim
Determination,'' dated November 21, 2023; and Embassy of Israel's
Letter, ``Upcoming Preliminary Decision,'' dated November 21, 2023.
\3\ See Memorandum, ``Tolling of Deadlines in the Less-Than-Fair
Value Investigation of Brass Rod from Israel,'' dated December 7,
2023.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
A summary of the events that occurred since Commerce published its
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.\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.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Brass Rod from Israel,'' 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 Israel.
For a complete description of the scope of this investigation, see
Appendix I to this notice.
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.\6\ 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 and included in Appendix I.\7\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated September 25, 2023 (Preliminary Scope Decision Memorandum).
\7\ See Brass Rod from India: Final Affirmative Countervailing
Duty Determination, 88 FR 87407 (December 18, 2023); see also
Preliminary Determination.
---------------------------------------------------------------------------
Verification
As provided in section 782(i)(1) of the Tariff Act of 1930, as
amended (the Act), in April and May 2024, we verified the sales and
cost information submitted by Finkelstein Metals Ltd. (Finkelstein) for
use in our final determination. We used standard verification
procedures, including an examination of relevant sales and accounting
records, and original source documents provided by Finkelstein.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Verification of the Cost Response of
Finkelstein Metals Ltd. in the Less-Than-Fair-Value Investigation of
Brass Rods from Israel,'' dated June 5, 2024; Memorandum, ``U.S.
Virtual Verification of the Response of Finkelstein Metals USA Inc.
in the Less-Than-Fair-Value Investigation of Brass Rod from
Israel,'' dated June 11, 2024; and Memorandum, ``Verification of the
Sales Response of Finkelstein Metals Ltd. in the Antidumping Duty
Investigation of Brass Rod from the Israel,'' dated June 11, 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 as Appendix II to this notice.
Changes Since the Preliminary Determination
We made certain changes to the margin calculation for Finkelstein,
since the Preliminary Determination.\9\ For a discussion of these
changes, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\9\ See Memorandum, ``Analysis for the Final Determination for
Finkelstein Metals Ltd.,'' dated concurrently with this notice.
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other exporters and producers
not individually examined shall be an amount equal to the weighted
average of the estimated weighted-average dumping margins established
for exporters and producers individually
[[Page 63403]]
investigated, excluding any zero and de minimis margins, and any
margins determined entirely under section 776 of the Act.
In this investigation, Commerce calculated an individual estimated
weighted-average dumping margin for Finkelstein, the only individually
examined exporter/producer. Because the only individually calculated
dumping margin is not zero, de minimis, or based entirely on facts
otherwise available, the estimated weighted-average dumping margin
calculated for Finkelstein is the margin assigned to all other
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period, April 1, 2022, through March 31,
2023:
------------------------------------------------------------------------
Weighted- Cash deposit rate
average (adjusted for
Exporter/producer dumping margin subsidy offset(s))
(percent) (percent)
------------------------------------------------------------------------
Finkelstein Metals Ltd............ 19.48 Not Applicable.
All Others........................ 19.48 Not Applicable.
------------------------------------------------------------------------
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 publication of the notice in the
Federal Register, in accordance with 19 CFR 351.224(b).
Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 733(d)(2) and 733(d)(1)(B) of the Act and 19 CFR 351.205(d),
Commerce instructed U.S. Customs and Border Protection (CBP) to collect
cash deposits and suspend liquidation of entries of subject merchandise
as described in the scope of the investigation, entered, or withdrawn
from warehouse, for consumption on or after December 14, 2024, the date
of publication of the Preliminary Determination in the Federal
Register. In accordance with section 733(d)(2)(b) of the Act, we
instructed CBP to discontinue the suspension of liquidation of all
entries of subject merchandise entered or withdrawn from warehouse on
or after June 11, 2024, but to continue the suspension of liquidation
of all entries of subject merchandise on or before June 10, 2024.
Pursuant to sections 736(a), 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), in the event of an affirmative injury determination by the
U.S. International Trade Commission (ITC), we will issue an antidumping
duty order, reinstate the suspension of liquidation, and require a cash
deposit of estimated antidumping duties for such entries of subject
merchandise in the amounts indicated above. Effective on the date of
publication in the Federal Register of the ITC's final determination,
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 companies listed
above will be equal to the company-specific estimated weighted-average
dumping margin determined in this final determination; (2) if the
exporter is not a respondent identified above but the producer is, then
the cash deposit rate will be equal to the company-specific estimated
weighted-average dumping margin established for that producer of the
subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
CVD proceeding when CVD provisional measures are in effect.
Accordingly, where Commerce made a final affirmative determination for
countervailable export subsidies, Commerce has offset the estimated
weighted-average dumping margin by the appropriate CVD rate. Any such
adjusted cash deposit rate may be found in the ``Final Determination''
section above.
Pursuant to section 735(c)(2) of the Act, if the ITC determines
that material injury, or threat of material injury, does not exist,
this proceeding will be terminated, and all estimated duties deposited
or securities posted as a result of the suspension of liquidation will
be refunded or canceled.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
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 from
Israel no later than 45 days after this final determination. If the ITC
determines that such injury does not exist, this proceeding will be
terminated, and 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 above in the
``Suspension of Liquidation'' section.
Administrative Protective Order
This notice serves as a final reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
This determination and this notice are issued and published in
accordance with sections 735(d) and 777(i) of the Act, and 19 CFR
351.210(c).
[[Page 63404]]
Dated: July 29, 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. Changes from the Preliminary Determination
IV. Discussion of the Issue
Comment: Whether to Grant a Level of Trade Adjustment
V. Recommendation
[FR Doc. 2024-17173 Filed 8-2-24; 8:45 am]
BILLING CODE 3510-DS-P
