Brass Rod From Israel: Final Affirmative Countervailing Duty Determination, 63410-63412 [2024-17174]
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63410
Federal Register / Vol. 89, No. 150 / Monday, August 5, 2024 / Notices
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.
[FR Doc. 2024–17250 Filed 8–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–508–815]
Brass Rod From Israel: Final
Affirmative Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
brass rod from Israel. The period of
investigation (POI) is January 1, 2022,
through December 31, 2022.
DATES: Applicable August 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Zachary Shaykin, 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) 482–2638.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 29, 2023, Commerce
published its Preliminary
Determination.1 In the Preliminary
Determination, and in accordance with
section 705(a)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.210(b)(4), Commerce aligned the
final countervailing duty (CVD)
determination with the final
antidumping duty determination.2 On
October 12, 2023, Commerce tolled all
deadlines for this investigation for a
period of 90 days due to the outbreak of
war in Israel and the consequent
impacts on all parts of the country.3 On
May 10, 2024, Commerce released its
Post-Preliminary Decision.4 On July 22,
2024, Commerce tolled certain
lotter on DSK11XQN23PROD with NOTICES1
1 See
Brass Rod from Israel: Preliminary
Affirmative Countervailing Duty Determination, and
Alignment of Final Determination With Final
Antidumping Duty Determination, 88 FR 67236
(September 29, 2023) (Preliminary Determination).
2 Id., 88 FR at 67236.
3 See Memorandum, ‘‘Tolling of Deadlines in
Countervailing Duty Investigation of Brass Rod from
Israel,’’ dated October 12, 2023.
4 See Memorandum, ‘‘Post Preliminary Analysis,’’
dated May 10, 2024.
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18:38 Aug 02, 2024
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deadlines in this proceeding by seven
days.5 The deadline for the final
determination is now July 29, 2024.
For a complete description of the
events that followed the Preliminary
Determination, see the Issues and
Decision Memorandum.6 The Issues and
Decision Memorandum is a public
document and is made available to the
public 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 Israel.
For a complete description 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.7 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.8
Verification
As provided in section 782(i)(1) of the
Act, in May 2024, we verified the
information submitted by Finkelstein
and the Government of Israel (GOI) for
use in our final determination. We used
standard verification procedures,
including an examination of relevant
sales and accounting records, and
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024., ‘‘Tolling of
Deadlines for Antidumping and Countervailing
Duty Proceedings,’’ dated July 22, 2024.
6 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination of the
Countervailing Duty Investigation of Brass Rod from
Israel,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
7 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated September 25, 2023
(Preliminary Scope Decision Memorandum).
8 See Brass Rod from India: Final Affirmative
Countervailing Duty Determination, 88 FR 87407
(December 18, 2023); see also Preliminary
Determination.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
original source documents provided by
Finkelstein and the GOI.9
Analysis of Subsidy Programs and
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. For a list of the issues
raised by interested parties and
addressed in the Issues and Decision
Memorandum, see Appendix II to this
notice.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce determines that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific.10 For a full
description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
Changes Since the Preliminary
Determination
We made certain changes to the
countervailable subsidy rate
calculations for Finkelstein.11 For a
discussion of these changes, see the
Issues and Decision Memorandum.
All-Others Rate
In accordance with section
705(c)(1)(B)(i) of the Act, we calculated
an individual estimated countervailable
subsidy rate for the mandatory
respondent, Finkelstein. Section
705(c)(5)(A)(i) of the Act states that, for
companies not individually
investigated, Commerce will determine
an all-others rate equal to the weightedaverage countervailable subsidy rates
established for exporters and/or
producers individually investigated,
excluding any zero and de minimis
countervailable subsidy rates, and any
rates determined entirely under section
776 of the Act.
We continue to calculate an
individual estimated countervailable
subsidy rate that is not zero, de minimis,
or based entirely on facts otherwise
9 See Memorandum, ‘‘Verification of the
Questionnaire Responses of the Government of
Israel,’’ dated June 10, 2024; see also Memorandum,
‘‘Verification of the Questionnaire Responses of
Finkelstein Metals Ltd.,’’ dated June 17, 2024.
10 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
11 See Memorandum, ‘‘Final Determination
Calculations 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
a cash deposit equal to the estimated net
countervailable subsidy rate 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 net
countervailable subsidy rate determined
Final Determination
in this final determination; (2) if the
Commerce determines that the
exporter is not a respondent identified
following estimated countervailable
above but the producer is, then the cash
subsidy rates exist:
deposit rate will be equal to the
company-specific net countervailable
Subsidy rate
subsidy rate established for that
Company
(percent ad
producer of the subject merchandise;
valorem)
and (3) the cash deposit rate for all other
Finkelstein Metals Ltd ...........
1.89 producers and exporters will be equal to
All Others ..............................
1.89 the all-others estimated net
countervailable subsidy rate.
Pursuant to section 705(c)(2) of the
Disclosure
Act, if the ITC determines that material
Commerce intends to disclose to
injury, or threat of material injury, does
interested parties the calculations and
not exist, this proceeding will be
analysis performed in this final
terminated, and all estimated duties
determination within five days of any
deposited or securities posted as a result
public announcement or, if there is no
of the suspension of liquidation will be
public announcement, within five days
refunded or canceled.
of the date of the publication of this
notice in proceeding in accordance with U.S. International Trade Commission
Notification
19 CFR 351.224(b).
In accordance with section 705(d) of
Continuation of Suspension of
the
Act, Commerce will notify the ITC
Liquidation
of its final affirmative determination
As a result of our Preliminary
that countervailable subsidies are being
Determination, and pursuant to sections provided to producers and exporters of
703(d)(1)(B) and (d)(2) of the Act,
brass rod from Israel. Because the final
Commerce instructed U.S. Customs and determination in this proceeding is
Border Protection (CBP) to collect cash
affirmative, in accordance with section
deposits and suspend liquidation of
705(b) of the Act, the ITC will make its
entries of subject merchandise as
final determination as to whether the
described in the scope of the
domestic industry in the United States
investigation section entered, or
is materially injured, or threatened with
withdrawn from warehouse, for
material injury, by reason of imports of
consumption on September 29, 2023,
brass rod from Israel no later than 45
the date of publication of the
days after our final determination. If the
Preliminary Determination in the
ITC determines that material injury or
Federal Register . In accordance with
threat of material injury does not exist,
section 703(d) of the Act, we issued
this proceeding will be terminated and
instructions to CBP to discontinue the
all cash deposits will be refunded. If the
suspension of liquidation of subject
ITC determines that such injury does
merchandise entered, or withdrawn
exist, Commerce will issue a
from warehouse, on or after January 27,
countervailing duty order directing CBP
2024, but to continue the suspension of
to assess, upon further instruction by
liquidation of all entries from
Commerce, countervailing duties on all
September 29, 2023, through January 26, imports of the subject merchandise that
2024 for Finkelstein and all producers/
are entered, or withdrawn from
warehouse, for consumption on or after
exporters not individually examined.
Pursuant to section 706(a)of the Act,
the effective date of the suspension of
in the event of an affirmative injury
liquidation, as discussed above in the
determination by the U.S. International
‘‘Continuation of Suspension of
Trade Commission (ITC), we will issue
Liquidation’’ section. In addition, we
a countervailing duty order, reinstate
are making available to the ITC all nonthe suspension of liquidation, and
privileged and non-proprietary
require a cash deposit of estimated
information in our files. We will allow
countervailing duties for such entries of the ITC access to all privileged and
subject merchandise in the amounts
business proprietary information in our
indicated above. Effective on the date of files, provided the ITC confirms that it
publication in the Federal Register of
will not disclose such information,
the ITC’s final determination,
either publicly or under administrative
Commerce will instruct CBP to require
protective order (APO), without the
lotter on DSK11XQN23PROD with NOTICES1
available. Therefore, we have applied
the all-others rate as equal to the rate for
Finkelstein, i.e., 1.89 percent ad
valorem, as this is the only rate that is
not zero, de minimis, or based entirely
on the facts otherwise available.
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18:38 Aug 02, 2024
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PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
63411
written consent of the Assistant
Secretary for Enforcement and
Compliance.
Administrative Protective Orders
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 and this notice are
issued and published pursuant to
sections 705(d) and 777(i) of the Act,
and 19 CFR 351.210(c).
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 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.
E:\FR\FM\05AUN1.SGM
05AUN1
63412
Federal Register / Vol. 89, No. 150 / Monday, August 5, 2024 / Notices
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. Subsidies Valuation
IV. Diversification of Israel’s Economy
V. Changes Since the Preliminary
Determination
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Commerce Should
Change the Benchmark Under the Land
for Less-than-Adequate-Remuneration
Program
Comment 2: Whether the Provision of
Natural Gas for LTAR Program Provides
an Indirect Financial Contribution
Comment 3: Whether Commerce Should
Revise its Calculation of Benefits under
the Provision of Brass Rod for MoreThan-Adequate-Remuneration Program
VIII. Recommendation
[FR Doc. 2024–17174 Filed 8–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
National Advanced Spectrum and
Communications Test Network:
Citizens Broadband Radio Service
Sharing Ecosystem Assessment Test
Plan Community Outreach
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
The National Advanced
Spectrum and Communications Test
Network (NASCTN) is hosting a public
meeting on NASCTN’s test plan for
collecting Citizen Broadband Radio
Service (CBRS) emissions in ‘Coastal’
Dynamic Protection Areas (DPAs), on
September 10, 2024, from 10 a.m.–12
p.m. mountain standard time. The
purpose of this meeting is to brief
Federal, industry, and academic
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
18:38 Aug 02, 2024
Jkt 262001
stakeholders and interested parties from
the public on the details and approach
to collecting CBRS emissions for one of
the two main tasks of the NASCTN
CBRS Sharing Ecosystem Assessment
(SEA) project.
DATES: The NASCTN meeting on the
CBRS SEA Project Always-On DPA
CBRS emission collection test plan will
take place September 10, 2024 from 10
a.m.–12 p.m. mountain standard time.
ADDRESSES: The meeting will be held
virtually via web conference from the
NIST campus, in Boulder, CO. For
instructions on how to participate in the
meeting, please see the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT:
Keith Hartley at NASCTN@nist.gov,
keith.hartley@nist.gov, or 719.572.8256.
SUPPLEMENTARY INFORMATION: The
NASCTN CBRS SEA project seeks to
provide data-driven insight into the
CBRS sharing ecosystem’s effectiveness
between CBRS and DoD systems, and to
track changes in the spectrum
environment over time via two primary
tasks: (1) Measure Aggregate CBRS
Emissions and Noise Floor in Coastal
DPAs and (2) Measure Aggregate
Emissions in Always-On DPAs.
NASCTN is hosting a virtual public
meeting on the CBRS SEA project’s
Coastal DPA CBRS emission collection
test plan on September 10, 2024 from 10
a.m.–12 p.m. mountain standard time.
The purpose of this meeting is to brief
federal, industry, and academic
stakeholders and interested parties from
the public on the details and approach
to collecting CBRS emissions for task 1
of the two main tasks of the NASCTN
CBRS SEA project.
Approximately 30 minutes will be
allocated for public comments and
questions with speaking times assigned
on a first-come, first-served basis. Public
comments can be provided via web
conference attendance, or email. The
amount of time per speaker will be
determined by the number of requests
received. Speakers who wish to expand
upon their questions or statements,
those who wish to speak but cannot be
accommodated during the meeting, and
those who are unable to attend are
invited to submit written statements by
email to NASCTN@nist.gov or
keith.hartley@nist.gov. Please note that
all submitted comments will be treated
as public documents.
Anyone wishing to attend this
meeting via web conference must
register by 5 p.m. mountain standard
time, August 30, 2024. Please submit
your full name, email address, and
phone number to Keith Hartley at
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
NASCTN@nist.gov or keith.hartley@
nist.gov.
Authority: 15 U.S.C. 278t.
Alicia Chambers,
NIST Executive Secretariat.
[FR Doc. 2024–17207 Filed 8–2–24; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE164]
Endangered Species; File No. 28148
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
NMFS Pacific Islands Regional Office,
1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818 (Jamie Marchetti,
Responsible Party), has applied in due
form for a permit to take green (Chelonia
mydas), hawksbill (Eretmochelys
imbricata), leatherback (Dermochelys
coriacea), loggerhead (Caretta caretta),
and olive ridley (Lepidochelys olivacea)
sea turtles for purposes of scientific
research.
SUMMARY:
Written comments must be
received on or before September 4,
2024.
DATES:
The application and related
documents are available for review by
selecting ‘‘Records Open for Public
Comment’’ from the ‘‘Features’’ box on
the Applications and Permits for
Protected Species home page, https://
apps.nmfs.noaa.gov, and then selecting
File No. 28148 from the list of available
applications. These documents are also
available upon written request via email
to NMFS.Pr1Comments@noaa.gov.
Written comments on this application
should be submitted via email to
NMFS.Pr1Comments@noaa.gov. Please
include File No. 28148 in the subject
line of the email comment.
Those individuals requesting a public
hearing should submit a written request
via email to NMFS.Pr1Comments@
noaa.gov. The request should set forth
the specific reasons why a hearing on
this application would be appropriate.
FOR FURTHER INFORMATION CONTACT: Erin
Markin, Ph.D., or Malcolm Mohead,
(301) 427–8401.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Endangered Species Act
of 1973, as amended (ESA; 16 U.S.C.
ADDRESSES:
E:\FR\FM\05AUN1.SGM
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Agencies
[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Notices]
[Pages 63410-63412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17174]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-508-815]
Brass Rod From Israel: Final Affirmative Countervailing Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of brass rod from Israel. The period of investigation (POI) is January
1, 2022, through December 31, 2022.
DATES: Applicable August 5, 2024.
FOR FURTHER INFORMATION CONTACT: Zachary Shaykin, 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) 482-2638.
SUPPLEMENTARY INFORMATION:
Background
On September 29, 2023, Commerce published its Preliminary
Determination.\1\ In the Preliminary Determination, and in accordance
with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.210(b)(4), Commerce aligned the final countervailing
duty (CVD) determination with the final antidumping duty
determination.\2\ On October 12, 2023, Commerce tolled all deadlines
for this investigation for a period of 90 days due to the outbreak of
war in Israel and the consequent impacts on all parts of the
country.\3\ On May 10, 2024, Commerce released its Post-Preliminary
Decision.\4\ On July 22, 2024, Commerce tolled certain deadlines in
this proceeding by seven days.\5\ The deadline for the final
determination is now July 29, 2024.
---------------------------------------------------------------------------
\1\ See Brass Rod from Israel: Preliminary Affirmative
Countervailing Duty Determination, and Alignment of Final
Determination With Final Antidumping Duty Determination, 88 FR 67236
(September 29, 2023) (Preliminary Determination).
\2\ Id., 88 FR at 67236.
\3 \ See Memorandum, ``Tolling of Deadlines in Countervailing
Duty Investigation of Brass Rod from Israel,'' dated October 12,
2023.
\4\ See Memorandum, ``Post Preliminary Analysis,'' dated May 10,
2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024., ``Tolling
of Deadlines for Antidumping and Countervailing Duty Proceedings,''
dated July 22, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\6\
The Issues and Decision Memorandum is a public document and is made
available to the public 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.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination of the Countervailing Duty 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 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.\7\ 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.\8\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated September 25, 2023 (Preliminary Scope Decision Memorandum).
\8\ 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 Act, in May 2024, we
verified the information submitted by Finkelstein and the Government of
Israel (GOI) 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 and the GOI.\9\
---------------------------------------------------------------------------
\9\ See Memorandum, ``Verification of the Questionnaire
Responses of the Government of Israel,'' dated June 10, 2024; see
also Memorandum, ``Verification of the Questionnaire Responses of
Finkelstein Metals Ltd.,'' dated June 17, 2024.
---------------------------------------------------------------------------
Analysis of Subsidy Programs and 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. For a list of the issues raised by interested
parties and addressed in the Issues and Decision Memorandum, see
Appendix II to this notice.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found countervailable,
Commerce determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\10\ For a full description
of the methodology underlying our final determination, see the Issues
and Decision Memorandum.
---------------------------------------------------------------------------
\10\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
We made certain changes to the countervailable subsidy rate
calculations for Finkelstein.\11\ For a discussion of these changes,
see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\11\ See Memorandum, ``Final Determination Calculations for
Finkelstein Metals Ltd.,'' dated concurrently with this notice.
---------------------------------------------------------------------------
All-Others Rate
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated an individual estimated countervailable subsidy rate for the
mandatory respondent, Finkelstein. Section 705(c)(5)(A)(i) of the Act
states that, for companies not individually investigated, Commerce will
determine an all-others rate equal to the weighted-average
countervailable subsidy rates established for exporters and/or
producers individually investigated, excluding any zero and de minimis
countervailable subsidy rates, and any rates determined entirely under
section 776 of the Act.
We continue to calculate an individual estimated countervailable
subsidy rate that is not zero, de minimis, or based entirely on facts
otherwise
[[Page 63411]]
available. Therefore, we have applied the all-others rate as equal to
the rate for Finkelstein, i.e., 1.89 percent ad valorem, as this is the
only rate that is not zero, de minimis, or based entirely on the facts
otherwise available.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Finkelstein Metals Ltd.................................. 1.89
All Others.............................................. 1.89
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose to interested parties the calculations
and analysis performed in this final determination within five days of
any public announcement or, if there is no public announcement, within
five days of the date of the publication of this notice in proceeding
in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits and
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on September 29, 2023, the date of
publication of the Preliminary Determination in the Federal Register .
In accordance with section 703(d) of the Act, we issued instructions to
CBP to discontinue the suspension of liquidation of subject merchandise
entered, or withdrawn from warehouse, on or after January 27, 2024, but
to continue the suspension of liquidation of all entries from September
29, 2023, through January 26, 2024 for Finkelstein and all producers/
exporters not individually examined.
Pursuant to section 706(a)of the Act, in the event of an
affirmative injury determination by the U.S. International Trade
Commission (ITC), we will issue a countervailing duty order, reinstate
the suspension of liquidation, and require a cash deposit of estimated
countervailing 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 net
countervailable subsidy rate 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 net countervailable subsidy
rate 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 net countervailable
subsidy rate 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 net countervailable subsidy
rate.
Pursuant to section 705(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 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of brass rod
from Israel. Because the final determination in this proceeding is
affirmative, in accordance with section 705(b) 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 of brass rod from Israel no later than 45
days after our final determination. If the ITC determines that material
injury or threat of material injury does not exist, this proceeding
will be terminated and all cash deposits will be refunded. If the ITC
determines that such injury does exist, Commerce will issue a
countervailing duty order directing CBP to assess, upon further
instruction by Commerce, countervailing duties on all imports of the
subject merchandise that are entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section. In addition, we are making available to the ITC
all non-privileged and non-proprietary information in our files. We
will allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under administrative
protective order (APO), without the written consent of the Assistant
Secretary for Enforcement and Compliance.
Administrative Protective Orders
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 and this notice are issued and published
pursuant to sections 705(d) and 777(i) of the Act, and 19 CFR
351.210(c).
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.
[[Page 63412]]
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. Subsidies Valuation
IV. Diversification of Israel's Economy
V. Changes Since the Preliminary Determination
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Commerce Should Change the Benchmark Under
the Land for Less-than-Adequate-Remuneration Program
Comment 2: Whether the Provision of Natural Gas for LTAR Program
Provides an Indirect Financial Contribution
Comment 3: Whether Commerce Should Revise its Calculation of
Benefits under the Provision of Brass Rod for More-Than-Adequate-
Remuneration Program
VIII. Recommendation
[FR Doc. 2024-17174 Filed 8-2-24; 8:45 am]
BILLING CODE 3510-DS-P