Brass Rod From Israel: Antidumping Duty and Countervailing Duty Orders, 79243-79245 [2024-22206]
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79243
Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margins of Dumping
Likely To Prevail
VII. Final Results of Expedited Sunset
Reviews
VIII. Recommendation
Scope of the Orders
The merchandise covered by these
orders is brass rod from Israel. For a
complete description of the scope of
these orders, see the appendix to this
notice.
[FR Doc. 2024–22201 Filed 9–26–24; 8:45 am]
Antidumping Duty Order
On September 19, 2024, in accordance
with section 735(d) of the Act, the ITC
notified Commerce of its final
determination that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
imports of brass rod that are sold in the
United States at LTFV. Therefore, in
accordance with section 735(c)(2) and
736 of the Act, Commerce is issuing this
AD order. Because the ITC determined
that imports of brass rod from Israel are
materially injuring a U.S. industry,
unliquidated entries of such
merchandise from Israel, entered or
withdrawn from warehouse for
consumption, are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of brass rod from Israel.
Antidumping duties will be assessed on
unliquidated entries of brass rod from
Israel entered, or withdrawn from
warehouse, for consumption on or after
December 14, 2023, the date of
publication of the AD Preliminary
Determination but will not include
entries occurring after the expiration of
the provisional measures period and
before publication of the ITC’s final
injury determination, as further
described below.3
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–508–814, C–508–815]
Brass Rod From Israel: Antidumping
Duty and Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing antidumping duty
(AD) and countervailing duty (CVD)
orders on brass rod from Israel.
DATES: Applicable September 27, 2024.
FOR FURTHER INFORMATION CONTACT:
Andrew Hart (AD) at (202) 482–1058 or
Zachary Shaykin (CVD) at (202) 482–
2638, AD/CVD Operations, Offices II
and IV, Enforcement and Compliance,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
lotter on DSK11XQN23PROD with NOTICES1
In accordance with sections 705(d)
and 735(d) of the Tariff Act of 1930, as
amended (the Act), on August 5, 2024,
Commerce published its affirmative
final determination of sales at less than
fair value (LTFV) and its affirmative
final determination that countervailable
subsidies are being provided to
producers and exporters of brass rod
from Israel.1 On September 19, 2024,
pursuant to sections 705(d) and 735(d)
of the Act, the ITC notified Commerce
of its final affirmative determinations
that an industry in the United States
(U.S.) is materially injured by reason of
dumped imports and subsidized
imports of brass rod from Israel, within
the meaning of sections 705(b)(1)(A)(i)
and 735(b)(1)(A)(i) of the Act.2
1 See Brass Rod from Israel: Final Affirmative
Determination of Sales at Less Than Fair Value, 89
FR 63402 (August 5, 2024); and Brass Rod from
Israel: Final Affirmative Countervailing Duty
Determination, 89 FR 63410 (August 5, 2024).
2 See ITC Letter, ‘‘Notification of ITC Final
Determinations,’’ dated September 19, 2024 (ITC
Notification Letter).
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Suspension of Liquidation and Cash
Deposits—AD
Commerce intends to instruct CBP to
reinstitute the suspension of liquidation
of brass rod from Israel, effective on the
date of publication of the ITC’s final
affirmative injury determination in the
Federal Register, and to assess, upon
further instruction by Commerce,
antidumping duties on each entry of
subject merchandise based on the
estimated weighted-average dumping
margins indicated in the table below.
3 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) (AD Preliminary
Determination).
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Sfmt 4703
On or after the date of publication of the
ITC’s final injury determination in the
Federal Register, Commerce also
intends to instruct CBP to require cash
deposits equal to the estimated
weighted-average dumping margins
indicated in the tables below.
Accordingly, effective on the date of
publication in the Federal Register of
the notice of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated customs
duties on this subject merchandise, a
cash deposit equal to the rates listed in
the table below.
Estimated Weighted-Average
Antidumping Duty Margins
The estimated weighted-average
dumping margins are as follows:
Exporter or producer
Weightedaverage
dumping
margin
(percent)
Finkelstein Metals Ltd ...........
All Others ..............................
19.48
19.48
Provisional Measures—AD
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request that Commerce extend the fourmonth period to no more than six
months. At the request of exporters that
accounted for a significant proportion of
exports of brass rod from Israel,
Commerce extended the four-month
period to no more than six-months.4 In
the underlying investigation, Commerce
published the AD Preliminary
Determination on December 14, 2023.
Therefore, the six-month period
beginning on the date of the publication
of the AD Preliminary Determination
ended on June 10, 2024.
For all companies, in accordance with
section 733(d) of the Act, we instructed
CBP to terminate the suspension of
liquidation and to liquidate, without
regard to antidumping duties,
unliquidated entries of brass rod from
Israel entered, or withdrawn from
warehouse, for consumption, on or after
June 11, 2024, the first day provisional
measures were no longer in effect, until
and through the day preceding the date
of publication of the ITC’s final injury
determination in the Federal Register.
4 See
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AD Preliminary Determination.
27SEN1
79244
Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices
Suspension of liquidation and the
collection of cash deposits will resume
on the date of publication of the ITC’s
final determination in the Federal
Register.
CVD Order
As stated above, based on the abovereferenced affirmative final
determination by the ITC that an
industry in the United States is
materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act by
reason of subsidized imports of brass
rod from Israel,5 in accordance with
section 705(c)(2) of the Act, Commerce
is issuing this CVD order. Moreover,
because the ITC determined that
imports of brass rod from Israel are
materially injuring a U.S. industry,6
unliquidated entries of subject
merchandise from Israel entered, or
withdrawn from warehouse, for
consumption, are subject to the
assessment of countervailing duties.
Therefore, in accordance with section
706(a) of the Act, Commerce intends to
direct CBP to assess, upon further
instruction by Commerce,
countervailing duties on all relevant
entries of brass rod from Israel, which
are entered, or withdrawn from
warehouse, for consumption on or after
September 29, 2023, the date of
publication of the CVD Preliminary
Determination, but will not include
entries occurring after the expiration of
the provisional measures period and
before the publication of the ITC’s final
injury determination under section
705(b) of the Act, as further described in
the ‘‘Provisional Measures—CVD’’
section of this notice.7
lotter on DSK11XQN23PROD with NOTICES1
Suspension of Liquidation and Cash
Deposits—CVD
In accordance with section 706 of the
Act, Commerce intends to instruct CBP
to reinstitute the suspension of
liquidation of brass rod from Israel,
effective on the date of publication of
the ITC’s final affirmative injury
determination in the Federal Register,
and to assess, upon further instruction
by Commerce, pursuant to section
706(a)(1) of the Act, countervailing
duties on each entry of subject
merchandise in an amount based on the
net countervailable subsidy rates below.
On or after the date of publication of the
ITC’s final injury determination in the
5 See
ITC Notification Letter.
6 Id.
7 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) (CVD Preliminary
Determination).
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17:09 Sep 26, 2024
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Federal Register, CBP must require, at
the same time as importers would
normally deposit estimated customs
duties on this merchandise, a cash
deposit equal to the rates listed in the
table below. These instructions
suspending liquidation will remain in
effect until further notice. The all-others
rate applies to all producers or exporters
not specifically listed below, as
appropriate.
Register.10 The Final Rule and
Procedural Guidance provide that
Commerce will maintain an annual
inquiry service list for each order or
suspended investigation, and any
interested party submitting a scope
ruling application or request for
circumvention inquiry shall serve a
copy of the application or request on the
persons on the annual inquiry service
list for that order, as well as any
companion order covering the same
Estimated Countervailing Duty Subsidy merchandise from the same country of
Rates
origin.
In accordance with the Procedural
The estimated countervailing duty
Guidance, for orders published in the
subsidy rates are as follows:
Federal Register after November 4,
2021, Commerce will create an annual
Subsidy rate
inquiry service list segment in
Company
(percent
Commerce’s online e-filing and
ad valorem)
document management system,
Finkelstein Metals Ltd ...........
1.89 Antidumping and Countervailing Duty
All Others ..............................
1.89 Electronic Service System (ACCESS),
available at https://access.trade.gov,
Provisional Measures—CVD
within five business days of publication
of the notice of the order. Each annual
Section 703(d) of the Act states that
inquiry service list will be saved in
the suspension of liquidation pursuant
ACCESS, under each case number, and
to an affirmative preliminary
under a specific segment type called
determination may not remain in effect
‘‘AISL-Annual Inquiry Service List.’’ 11
for more than four months. Commerce
Interested parties who wish to be
published the CVD Preliminary
added
to the annual inquiry service list
Determination on September 29, 2023.8
for an order must submit an entry of
As such, the four-month period
appearance to the annual inquiry
beginning on the date of the publication service list segment for the order in
of the CVD Preliminary Determination
ACCESS within 30 days after the date of
ended on January 26, 2024.
publication of the order. For ease of
For all companies, in accordance with administration, Commerce requests that
law firms with more than one attorney
section 703(d) of the Act, we instructed
representing interested parties in an
CBP to terminate the suspension of
order designate a lead attorney to be
liquidation and to liquidate, without
included on the annual inquiry service
regard to countervailing duties,
list. Commerce will finalize the annual
unliquidated entries of brass rod from
inquiry service list within five business
Israel entered, or withdrawn from
warehouse, for consumption, on or after days thereafter. As mentioned in the
Procedural Guidance,12 the new annual
January 27, 2024, the first day
inquiry service list will be in place until
provisional measures were no longer in
the following year, when the
effect, until and through the day
Opportunity Notice for the anniversary
preceding the date of publication of the
month of the order is published.
ITC’s final injury determination in the
Commerce may update an annual
Federal Register. Suspension of
inquiry
service list at any time as
liquidation and the collection of cash
needed based on interested parties’
deposits will resume on the date of
amendments to their entries of
publication of the ITC’s final
determination in the Federal Register.
Establishment of the Annual Inquiry
Service Lists
On September 20, 2021, Commerce
published the Final Rule in the Federal
Register.9 On September 27, 2021,
Commerce also published the
Procedural Guidance in the Federal
8 Id.
9 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
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Fmt 4703
Sfmt 4703
10 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
11 This segment will be combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
12 See Procedural Guidance, 86 FR at 53206.
E:\FR\FM\27SEN1.SGM
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Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website.
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 13
Accordingly, as stated above, the
petitioner and the Government of Israel
should submit their initial entries of
appearance after publication of this
notice in order to appear in the first
annual inquiry service lists for these
orders. Pursuant to 19 CFR
351.225(n)(3), the petitioner and the
Government of Israel will not need to
resubmit their entries of appearance
each year to continue to be included on
the annual inquiry service list.
However, the petitioner and the
Government of Israel are responsible for
making amendments to their entries of
appearance during the annual update to
the annual inquiry service list in
accordance with the procedures
described above.
Notification to Interested Parties
This notice constitutes the AD order
with respect to brass rod from Israel and
the CVD order with respect to brass rod
from Israel, pursuant to sections 706(a)
and 736(a) of the Act. Interested parties
can find a list of AD and CVD orders
currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
These orders are issued and published
in accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: September 23, 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
Scope of the Orders
The products within the scope of these
orders are brass rod and bar (brass rod),
which is defined as leaded, low-lead, and nolead 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,
13 See
Final Rule, 86 FR at 52335.
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17:09 Sep 26, 2024
Jkt 262001
C36300, C37000, C37700, C48500, C67300,
C67600, and C69300, and their international
equivalents.
The brass rod subject to these orders has
an actual cross-section or outside diameter
greater than 0.25 inches but less than or
equal to 12 inches. Brass rod cross-sections
may be round, hexagonal, square, or
octagonal shapes as well as special profiles
(e.g., angles, shapes), including hollow
profiles.
Standard leaded brass rod covered by the
scope contains, by weight, 57.0–65.0 percent
copper; 0.5–3.0 percent lead; no more than
1.3 percent iron; and at least 15 percent zinc.
No-lead or low-lead brass rod covered by the
scope contains by weight 59.0–76.0 percent
copper; 0–1.5 percent lead; no more than
0.35 percent iron; and at least 15 percent
zinc. Brass rod may also include other
chemical elements (e.g., nickel, phosphorous,
silicon, tin, etc.).
Brass rod may be in straight lengths or
coils. Brass rod covered by these orders may
be finished or unfinished, and may or may
not be heated, extruded, pickled, or colddrawn. 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 these orders 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 these orders
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 these orders is dispositive.
[FR Doc. 2024–22206 Filed 9–26–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–929]
Ceramic Tile From India: Preliminary
Affirmative Countervailing Duty
Determination, Preliminary Affirmative
Critical Circumstances Determination,
in Part, and Alignment of Final
Determination With the Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable (CVD)
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
79245
subsidies are being provided to
producers and exporters of ceramic tile
from India. The period of investigation
(POI) is April 1, 2023, through March
31, 2024. Interested parties are invited
to comment on this preliminary
determination.
DATES:
Applicable September 27, 2024.
FOR FURTHER INFORMATION CONTACT:
Jinny Ahn or Natasia Harrison, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0339 or (202) 482–1240,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on May 16, 2024.1 On June 24, 2024,
Commerce postponed the preliminary
determination in this investigation until
September 16, 2024.2 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.3 The deadline for this preliminary
determination is now September 23,
2024.
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
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 Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
1 See Ceramic Tile from India: Initiation of
Countervailing Duty Investigation, 89 FR 42841
(May 16, 2024) (Initiation Notice).
2 See Ceramic Tile from India: Postponement of
Preliminary Determination in the Countervailing
Duty Investigation, 89 FR 53958 (June 28, 2024).
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Countervailing Duty Investigation of Ceramic Tile
from India,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
E:\FR\FM\27SEN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79243-79245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22206]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-508-814, C-508-815]
Brass Rod From Israel: Antidumping Duty and Countervailing Duty
Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing antidumping duty (AD) and
countervailing duty (CVD) orders on brass rod from Israel.
DATES: Applicable September 27, 2024.
FOR FURTHER INFORMATION CONTACT: Andrew Hart (AD) at (202) 482-1058 or
Zachary Shaykin (CVD) at (202) 482-2638, AD/CVD Operations, Offices II
and IV, Enforcement and Compliance, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on August 5, 2024, Commerce published its
affirmative final determination of sales at less than fair value (LTFV)
and its affirmative final determination that countervailable subsidies
are being provided to producers and exporters of brass rod from
Israel.\1\ On September 19, 2024, pursuant to sections 705(d) and
735(d) of the Act, the ITC notified Commerce of its final affirmative
determinations that an industry in the United States (U.S.) is
materially injured by reason of dumped imports and subsidized imports
of brass rod from Israel, within the meaning of sections
705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.\2\
---------------------------------------------------------------------------
\1\ See Brass Rod from Israel: Final Affirmative Determination
of Sales at Less Than Fair Value, 89 FR 63402 (August 5, 2024); and
Brass Rod from Israel: Final Affirmative Countervailing Duty
Determination, 89 FR 63410 (August 5, 2024).
\2\ See ITC Letter, ``Notification of ITC Final
Determinations,'' dated September 19, 2024 (ITC Notification
Letter).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by these orders is brass rod from Israel.
For a complete description of the scope of these orders, see the
appendix to this notice.
Antidumping Duty Order
On September 19, 2024, in accordance with section 735(d) of the
Act, the ITC notified Commerce of its final determination that an
industry in the United States is materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act by reason of imports of brass rod
that are sold in the United States at LTFV. Therefore, in accordance
with section 735(c)(2) and 736 of the Act, Commerce is issuing this AD
order. Because the ITC determined that imports of brass rod from Israel
are materially injuring a U.S. industry, unliquidated entries of such
merchandise from Israel, entered or withdrawn from warehouse for
consumption, are subject to the assessment of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of brass rod from Israel. Antidumping duties will be
assessed on unliquidated entries of brass rod from Israel entered, or
withdrawn from warehouse, for consumption on or after December 14,
2023, the date of publication of the AD Preliminary Determination but
will not include entries occurring after the expiration of the
provisional measures period and before publication of the ITC's final
injury determination, as further described below.\3\
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\3\ 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) (AD Preliminary Determination).
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Suspension of Liquidation and Cash Deposits--AD
Commerce intends to instruct CBP to reinstitute the suspension of
liquidation of brass rod from Israel, effective on the date of
publication of the ITC's final affirmative injury determination in the
Federal Register, and to assess, upon further instruction by Commerce,
antidumping duties on each entry of subject merchandise based on the
estimated weighted-average dumping margins indicated in the table
below. On or after the date of publication of the ITC's final injury
determination in the Federal Register, Commerce also intends to
instruct CBP to require cash deposits equal to the estimated weighted-
average dumping margins indicated in the tables below. Accordingly,
effective on the date of publication in the Federal Register of the
notice of the ITC's final affirmative injury determination, CBP will
require, at the same time as importers would normally deposit estimated
customs duties on this subject merchandise, a cash deposit equal to the
rates listed in the table below.
Estimated Weighted-Average Antidumping Duty Margins
The estimated weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping margin
(percent)
------------------------------------------------------------------------
Finkelstein Metals Ltd.................................. 19.48
All Others.............................................. 19.48
------------------------------------------------------------------------
Provisional Measures--AD
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that accounted for a significant proportion
of exports of brass rod from Israel, Commerce extended the four-month
period to no more than six-months.\4\ In the underlying investigation,
Commerce published the AD Preliminary Determination on December 14,
2023. Therefore, the six-month period beginning on the date of the
publication of the AD Preliminary Determination ended on June 10, 2024.
---------------------------------------------------------------------------
\4\ See AD Preliminary Determination.
---------------------------------------------------------------------------
For all companies, in accordance with section 733(d) of the Act, we
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of brass rod from Israel entered, or withdrawn from warehouse, for
consumption, on or after June 11, 2024, the first day provisional
measures were no longer in effect, until and through the day preceding
the date of publication of the ITC's final injury determination in the
Federal Register.
[[Page 79244]]
Suspension of liquidation and the collection of cash deposits will
resume on the date of publication of the ITC's final determination in
the Federal Register.
CVD Order
As stated above, based on the above-referenced affirmative final
determination by the ITC that an industry in the United States is
materially injured within the meaning of section 705(b)(1)(A)(i) of the
Act by reason of subsidized imports of brass rod from Israel,\5\ in
accordance with section 705(c)(2) of the Act, Commerce is issuing this
CVD order. Moreover, because the ITC determined that imports of brass
rod from Israel are materially injuring a U.S. industry,\6\
unliquidated entries of subject merchandise from Israel entered, or
withdrawn from warehouse, for consumption, are subject to the
assessment of countervailing duties.
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\5\ See ITC Notification Letter.
\6\ Id.
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Therefore, in accordance with section 706(a) of the Act, Commerce
intends to direct CBP to assess, upon further instruction by Commerce,
countervailing duties on all relevant entries of brass rod from Israel,
which are entered, or withdrawn from warehouse, for consumption on or
after September 29, 2023, the date of publication of the CVD
Preliminary Determination, but will not include entries occurring after
the expiration of the provisional measures period and before the
publication of the ITC's final injury determination under section
705(b) of the Act, as further described in the ``Provisional Measures--
CVD'' section of this notice.\7\
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\7\ 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) (CVD Preliminary Determination).
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Suspension of Liquidation and Cash Deposits--CVD
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of brass rod
from Israel, effective on the date of publication of the ITC's final
affirmative injury determination in the Federal Register, and to
assess, upon further instruction by Commerce, pursuant to section
706(a)(1) of the Act, countervailing duties on each entry of subject
merchandise in an amount based on the net countervailable subsidy rates
below. On or after the date of publication of the ITC's final injury
determination in the Federal Register, CBP must require, at the same
time as importers would normally deposit estimated customs duties on
this merchandise, a cash deposit equal to the rates listed in the table
below. These instructions suspending liquidation will remain in effect
until further notice. The all-others rate applies to all producers or
exporters not specifically listed below, as appropriate.
Estimated Countervailing Duty Subsidy Rates
The estimated countervailing duty subsidy rates are as follows:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Finkelstein Metals Ltd.................................. 1.89
All Others.............................................. 1.89
------------------------------------------------------------------------
Provisional Measures--CVD
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the CVD
Preliminary Determination on September 29, 2023.\8\ As such, the four-
month period beginning on the date of the publication of the CVD
Preliminary Determination ended on January 26, 2024.
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\8\ Id.
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For all companies, in accordance with section 703(d) of the Act, we
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of brass rod from Israel entered, or withdrawn from warehouse,
for consumption, on or after January 27, 2024, the first day
provisional measures were no longer in effect, until and through the
day preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determination in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\9\ On September 27, 2021, Commerce also published the
Procedural Guidance in the Federal Register.\10\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.
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\9\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\10\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \11\
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\11\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\12\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\12\ See Procedural Guidance, 86 FR at 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
[[Page 79245]]
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \13\ Accordingly, as stated
above, the petitioner and the Government of Israel should submit their
initial entries of appearance after publication of this notice in order
to appear in the first annual inquiry service lists for these orders.
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Government of
Israel will not need to resubmit their entries of appearance each year
to continue to be included on the annual inquiry service list. However,
the petitioner and the Government of Israel are responsible for making
amendments to their entries of appearance during the annual update to
the annual inquiry service list in accordance with the procedures
described above.
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\13\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the AD order with respect to brass rod from
Israel and the CVD order with respect to brass rod from Israel,
pursuant to sections 706(a) and 736(a) of the Act. Interested parties
can find a list of AD and CVD orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
These orders are issued and published in accordance with sections
706(a) and 736(a) of the Act and 19 CFR 351.211(b).
Dated: September 23, 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
Scope of the Orders
The products within the scope of these orders 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 these orders has an actual cross-
section or outside diameter greater than 0.25 inches but less than
or equal to 12 inches. Brass rod cross-sections may be round,
hexagonal, square, or octagonal shapes as well as special profiles
(e.g., angles, shapes), including hollow profiles.
Standard leaded brass rod covered by the scope contains, by
weight, 57.0-65.0 percent copper; 0.5-3.0 percent lead; no more than
1.3 percent iron; and at least 15 percent zinc. No-lead or low-lead
brass rod covered by the scope contains by weight 59.0-76.0 percent
copper; 0-1.5 percent lead; no more than 0.35 percent iron; and at
least 15 percent zinc. Brass rod may also include other chemical
elements (e.g., nickel, phosphorous, silicon, tin, etc.).
Brass rod may be in straight lengths or coils. Brass rod covered
by these orders 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 these orders 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 these orders 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 these
orders is dispositive.
[FR Doc. 2024-22206 Filed 9-26-24; 8:45 am]
BILLING CODE 3510-DS-P
