80 FR 18808 - Brass Sheet and Strip From Italy; Preliminary Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 67 (April 8, 2015)
International Trade Administration
Federal Register Volume 80, Issue 67 (April 8, 2015)
| Page Range | 18808-18809 | |
| FR Document | 2015-07953 |
[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)] [Notices] [Pages 18808-18809] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07953] [[Page 18808]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-475-601] Brass Sheet and Strip From Italy; Preliminary Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on brass sheet and strip (BSS) from Italy.\1\ This review covers one company. The period of review (POR) is March 1, 2013, through February 28, 2014. --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 79 FR 24398 (April 30, 2014). --------------------------------------------------------------------------- DATES: Effective Date: April 8, 2015. FOR FURTHER INFORMATION CONTACT: Joseph Shuler, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1293. SUPPLEMENTARY INFORMATION: Scope of the Order The merchandise subject to the antidumping duty order is brass sheet and strip, other than leaded brass and tin brass sheet and strip, from Italy, which is currently classified under subheading 7409.21.00.50, 7409.21.00.75, 7409.21.00.90, 7409.29.00.50, 7409.29.00.75, and 7409.29.00.90 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS numbers are provided for convenience and customs purposes. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.\2\ The written description is dispositive. --------------------------------------------------------------------------- \2\ See memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Decision Memorandum for Preliminary Results of the 2013-2014 Antidumping Duty Administrative Review: Brass Sheet and Strip from Italy'' (Preliminary Decision Memorandum), dated concurrently with 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).\3\ ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, Room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice. --------------------------------------------------------------------------- \3\ On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance's AD and CVD Centralized Electronic Service System (IA ACCESS) to AD and CVD Centralized Electronic Service System (ACCESS). The Web site location was changed from http://iaaccess.trade.gov to http://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). --------------------------------------------------------------------------- Methodology In accordance with sections 776(a) and (b) of the Tariff Act of 1930, as amended (the Act), we relied on facts available with an adverse inference with respect to KME Italy SpA (KME Italy), the only company for which a review was requested. Thus, we preliminarily assign a rate of 22.00 percent as the dumping margin for KME Italy. In making these findings, we relied on facts available because KME Italy failed to respond to the Department's antidumping duty questionnaire, and thus withheld requested information, failed to provide requested information by the established deadlines, and significantly impeded this proceeding. See sections 776(a)(2)(A)-(C) of the Act. Furthermore, because we preliminarily determine that KME Italy failed to cooperate by not acting to the best of its ability to comply with the Department's requests for information, we drew an adverse inference in selecting from among the facts otherwise available. See section 776(b) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Results of Review As a result of our review, we preliminarily determine that the following dumping margin on BSS from Italy exists for the period March 1, 2013, through February 28, 2014: ------------------------------------------------------------------------ Dumping Exporter/manufacturer margin (percent) ------------------------------------------------------------------------ KME Italy SpA.............................................. 22.00 ------------------------------------------------------------------------ Disclosure and Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.\4\ Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\5\ Case and rebuttal briefs should be filed using ACCESS.\6\ --------------------------------------------------------------------------- \4\ See 19 CFR 351.309(d). \5\ See 19 CFR 351.303 (for general filing requirements). \6\ See 19 CFR 351.303. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety in ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. The Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. If the preliminary results are unchanged for the final results we will instruct CBP to apply an ad valorem assessment rate of 22.00 percent to all entries of subject merchandise during the POR which were produced and/or exported by KME Italy. We intend to issue liquidation instructions to CBP 15 days after publication of the final results of review. Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of BSS from Italy entered, or withdrawn from warehouse, for consumption on or after [[Page 18809]] the date of publication, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for the reviewed company will be the rate established in the final results of this review; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than- fair-value investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the merchandise; (4) if neither the exporter nor the manufacturer has its own rate, the cash deposit rate will be 5.44 percent. These deposit requirements, when imposed, shall remain in effect until further notice. Notifications to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: March 30, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum A. Summary B. Background C. Scope of the Order D. Discussion of the Methodology 1. Use of Facts Otherwise Available a. Use of Facts Available b. Application of Facts Available With an Adverse Inference c. Selection and Corroboration of Information Used As Facts Available E. Recommendation [FR Doc. 2015-07953 Filed 4-7-15; 8:45 am] BILLING CODE 3510-DS-P
![18808 Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices
DEPARTMENT OF COMMERCE ACCESS is available to registered users publication of this notice. Rebuttal
at http://access.trade.gov and to all briefs, limited to issues raised in the
International Trade Administration parties in the Central Records Unit, case briefs, may be filed not later than
[A–475–601] Room 7046 of the main Department of five days after the date for filing case
Commerce building. In addition, a briefs.4 Parties who submit case briefs or
Brass Sheet and Strip From Italy; complete version of the Preliminary rebuttal briefs in this proceeding are
Preliminary Results of Antidumping Decision Memorandum can be accessed encouraged to submit with each
Duty Administrative Review; 2013– directly on the Internet at http:// argument: (1) A statement of the issue;
2014 enforcement.trade.gov/frn/index.html. (2) a brief summary of the argument;
A list of the topics discussed in the and (3) a table of authorities.5 Case and
AGENCY: Enforcement and Compliance, Preliminary Decision Memorandum is rebuttal briefs should be filed using
International Trade Administration, attached as an Appendix to this notice. ACCESS.6
Department of Commerce. Pursuant to 19 CFR 351.310(c),
SUMMARY: The Department of Commerce
Methodology
interested parties who wish to request a
(the Department) is conducting an In accordance with sections 776(a) hearing, or to participate if one is
administrative review of the and (b) of the Tariff Act of 1930, as requested, must submit a written
antidumping duty order on brass sheet amended (the Act), we relied on facts request to the Assistant Secretary for
and strip (BSS) from Italy.1 This review available with an adverse inference with Enforcement and Compliance, filed
covers one company. The period of respect to KME Italy SpA (KME Italy), electronically via ACCESS. An
review (POR) is March 1, 2013, through the only company for which a review electronically filed document must be
February 28, 2014. was requested. Thus, we preliminarily received successfully in its entirety in
DATES: Effective Date: April 8, 2015. assign a rate of 22.00 percent as the ACCESS by 5 p.m. Eastern Time within
FOR FURTHER INFORMATION CONTACT:
dumping margin for KME Italy. In 30 days after the date of publication of
Joseph Shuler, AD/CVD Operations, making these findings, we relied on this notice. Requests should contain: (1)
Office I, Enforcement and Compliance, facts available because KME Italy failed The party’s name, address and
International Trade Administration, to respond to the Department’s telephone number; (2) the number of
U.S. Department of Commerce, 14th antidumping duty questionnaire, and participants; and (3) a list of issues to be
thus withheld requested information, discussed. Issues raised in the hearing
Street and Constitution Avenue NW.,
failed to provide requested information will be limited to those raised in the
Washington, DC 20230; telephone: (202)
by the established deadlines, and respective case briefs.
482–1293.
significantly impeded this proceeding. The Department intends to issue the
SUPPLEMENTARY INFORMATION:
See sections 776(a)(2)(A)–(C) of the Act. final results of this administrative
Scope of the Order Furthermore, because we preliminarily review, including the results of its
determine that KME Italy failed to analysis of the issues raised in any
The merchandise subject to the
cooperate by not acting to the best of its written briefs, not later than 120 days
antidumping duty order is brass sheet
ability to comply with the Department’s
and strip, other than leaded brass and after the date of publication of this
requests for information, we drew an
tin brass sheet and strip, from Italy, notice, pursuant to section 751(a)(3)(A)
adverse inference in selecting from
which is currently classified under of the Act.
among the facts otherwise available. See
subheading 7409.21.00.50,
section 776(b) of the Act. Assessment Rates
7409.21.00.75, 7409.21.00.90, For a full description of the
7409.29.00.50, 7409.29.00.75, and Upon issuance of the final results, the
methodology underlying our
7409.29.00.90 of the Harmonized Tariff Department shall determine, and U.S.
conclusions, see the Preliminary
Schedule of the United States (HTSUS). Customs and Border Protection (CBP)
Decision Memorandum.
The HTSUS numbers are provided for shall assess, antidumping duties on all
convenience and customs purposes. A Preliminary Results of Review appropriate entries covered by this
full description of the scope of the order As a result of our review, we review. If the preliminary results are
is contained in the Preliminary Decision preliminarily determine that the unchanged for the final results we will
Memorandum.2 The written description following dumping margin on BSS from instruct CBP to apply an ad valorem
is dispositive. Italy exists for the period March 1, 2013, assessment rate of 22.00 percent to all
The Preliminary Decision through February 28, 2014: entries of subject merchandise during
Memorandum is a public document and the POR which were produced and/or
is on file electronically via Enforcement Dumping exported by KME Italy.
and Compliance’s Antidumping and Exporter/manufacturer margin We intend to issue liquidation
Countervailing Duty Centralized (percent) instructions to CBP 15 days after
Electronic Service System (ACCESS).3 publication of the final results of
KME Italy SpA ............................ 22.00
review.
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Disclosure and Public Comment Cash Deposit Requirements
Request for Revocation in Part, 79 FR 24398 (April Pursuant to 19 CFR 351.309(c), The following deposit requirements
30, 2014).
2 See memorandum from Christian Marsh, Deputy
interested parties may submit case briefs will be effective upon publication of the
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Assistant Secretary for Antidumping and not later than 30 days after the date of notice of final results of administrative
Countervailing Duty Operations, to Paul Piquado, review for all shipments of BSS from
Assistant Secretary for Enforcement and Compliance’s AD and CVD Centralized Electronic Italy entered, or withdrawn from
Compliance, ‘‘Decision Memorandum for Service System (IA ACCESS) to AD and CVD
Preliminary Results of the 2013–2014 Antidumping
warehouse, for consumption on or after
Centralized Electronic Service System (ACCESS).
Duty Administrative Review: Brass Sheet and Strip The Web site location was changed from http://
4 See 19 CFR 351.309(d).
from Italy’’ (Preliminary Decision Memorandum), iaaccess.trade.gov to http://access.trade.gov. The
dated concurrently with this notice. Final Rule changing the references to the 5 See 19 CFR 351.303 (for general filing
3 On November 24, 2014, Enforcement and Regulations can be found at 79 FR 69046 requirements).
Compliance changed the name of Enforcement and (November 20, 2014). 6 See 19 CFR 351.303.
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![Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices 18809
the date of publication, as provided by DEPARTMENT OF COMMERCE Cayirova Born Sanayi ye Ticaret A.S.)
section 751(a)(2) of the Act: (1) The cash (collectively, the Yucel Companies).2
deposit rate for the reviewed company International Trade Administration DATES: Effective Date: April 8, 2015.
will be the rate established in the final [C–489–502] FOR FURTHER INFORMATION CONTACT: John
results of this review; (2) for Conniff or Jolanta Lawska, AD/CVD
merchandise exported by manufacturers Circular Welded Carbon Steel Pipes Operations, Office III, Enforcement and
or exporters not covered in this review and Tubes From Turkey: Preliminary Compliance, International Trade
but covered in a prior segment of the Results of Countervailing Duty Administration, U.S. Department of
proceeding, the cash deposit rate will Administrative Review and Preliminary Commerce, 14th Street and Constitution
continue to be the company-specific rate Intent To Rescind in Part; Calendar Avenue NW., Washington, DC 20230;
published for the most recently Year 2013 telephone: 202–482–1009 and 202–482–
completed segment of this proceeding; AGENCY: Enforcement and Compliance, 8362, respectively.
(3) if the exporter is not a firm covered International Trade Administration, Intent To Rescind the 2013
in this review, a prior review, or the Department of Commerce. Administrative Review, in Part
less-than-fair-value investigation but the SUMMARY: The Department of Commerce
manufacturer is, the cash deposit rate Erbosan and the Yucel Companies
(the Department) is conducting an
will be the rate established for the most submitted letters to the Department on
administrative review of the
recently completed segment of this May 5, 2014, June 27, 2014,
countervailing duty (CVD) order on
proceeding for the manufacturer of the respectively, timely certifying that they
circular welded carbon steel pipes and
merchandise; (4) if neither the exporter had no sales, shipments, or entries,
tubesfrom Turkey for the period of
nor the manufacturer has its own rate, directly or indirectly, of subject
review (POR) of January 1, 2013,
merchandise to the United States during
the cash deposit rate will be 5.44 through December 31, 2013. The review
the POR.3 Petitioners did not comment
percent. These deposit requirements, covers one producer/exporter of subject
on Erbosan’s and Yucel’s claims of no
when imposed, shall remain in effect merchandise that the Department
sales, shipments, or entries. On May 19
until further notice. selected for individual examination: the
and July 14, 2014, we transmitted ‘‘No-
Borusan Group, Borusan Holding, A.S.
Notifications to Importers Shipment Inquiries’’ to U.S. Customs
(Borusan Holding), Borusan
and Border Protection (CBP) regarding
This notice serves as a preliminary Mannesmann Boru Sanayi ve Ticaret
these companies. We did not receive
reminder to importers of their A.S. (Borusan), Borusan Istikbal Ticaret
any information from CBP contrary to
responsibility under 19 CFR T.A.S. (Istikbal), and Borusan Lojistik
Erbosan’s and Yucel’s claims of no
351.402(f)(2) to file a certificate Dagitim Pepolama Tasimacilik ve Tic
sales, shipments, or entries of subject
regarding the reimbursement of A.S. (Borusan Lojistik) (collectively, the
merchandise to the United States during
antidumping duties prior to liquidation Borusan Companies). Additionally, this
the POR. Accordingly, based on the
review covers three firms that were not
of the relevant entries during this record evidence, we preliminarily
individually examined: Toscelik Profil
review period. Failure to comply with determine that Erbosan and Yucel, did
ve Sac Endustrisi A.S. (Toscelik Profil),
this requirement could result in the not ship subject merchandise to the
Toscelik Metal Ticaret AS., and Tosyali
Secretary’s presumption that United States during the POR.
Dis Ticaret AS. (Tosyali) (collectively,
reimbursement of antidumping duties Therefore, in accordance with 19 CFR
the Toscelik Companies),1 Umran Celik
occurred and the subsequent assessment 351.213(d)(3), and consistent with our
Born Sanayii A.S. (also known as practice,4 we preliminarily determine to
of doubled antidumping duties.
Umran Steel Pipe Inc.) (Umran), and rescind the review for Erbosan and
Notification to Interested Parties Guven Steel Pipe (also known as Guven Yucel.
Celik Born San. Ve Tic. Ltd.) (Guven).
We are issuing and publishing these We preliminarily determine that the Scope of the Order
results in accordance with sections Borusan Companies received The products covered by this order
751(a)(1) and 777(i)(1) of the Act. countervailable subsidies during the are certain welded carbon steel pipe and
Dated: March 30, 2015. POR. For purposes of these preliminary tube with an outside diameter of 0.375
Paul Piquado,
results, we assigned the Toscelik inch or more, but not over 16 inches, of
Companies, Umran and Guven, the non- any wall thickness (pipe and tube) from
Assistant Secretary for Enforcement and selected respondents, the same net
Compliance. Turkey. These products are currently
subsidy rate calculated for the Borusan provided for under the Harmonized
Appendix Companies. Additionally, we Tariff Schedule of the United States
preliminarily determine to rescind the (HTSUS) as item numbers 7306.30.10,
List of Topics Discussed in the Preliminary
administrative reviews on Erbosan
Decision Memorandum
Erciyas Boru Sanayi ve Ticaret A.S. 2 See Circular Welded Carbon Steel Pipes and
A. Summary (Erbosan AS) and Erbosan Erciyas Pipe Tubes From Turkey: Final Results of Countervailing
B. Background Industry and Trade Co. Kayseri Free Duty Administrative Review; Calendar Year 2011,
C. Scope of the Order 78 FR 64916 (October 30, 2013), in which we found
Zone Branch (Erbosan FZB), the Erbosan Companies to be cross-owned; see also
D. Discussion of the Methodology (collectively Erbosan) and the Yucel Certain Welded Carbon Steel Pipes and Tubes and
1. Use of Facts Otherwise Available Group and all affiliates including Yucel Welded Carbon Steel Line Pipe from Turkey; Final
asabaliauskas on DSK5VPTVN1PROD with NOTICES
a. Use of Facts Available Boru ye Profil Endustrisi A.S, Yucelboru Results of Countervailing Duty Administrative
b. Application of Facts Available With an Reviews, 64 FR 44496 (August 16, 1999), in which
Ihracat Ithalat ye Pazarlama A.S, and we found the Yucel Companies to be cross-owned.
Adverse Inference 3 See the Erbosan Companies’ May 5, 2014,
c. Selection and Corroboration of 1 See Turkey Pipe 2012 Preliminary Results and submission; see also the Yucel Companies June 27,
Information Used As Facts Available accompanied Preliminary Issues and Decision 2014, submission.
E. Recommendation Memorandum at 5 unchanged in Turkey Pipe 2012 4 See, e.g., Aluminum Extrusions from the
Final Results and accompanying Issues and People’s Republic of China: Notice of Partial
[FR Doc. 2015–07953 Filed 4–7–15; 8:45 am]
Decision Memorandum at 2, in which we found the Rescission of Countervailing Duty Administrative
BILLING CODE 3510–DS–P Toscelik Companies to be cross-owned entities. Review, 79 FR 2635 (January 15, 2014).
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Document Created: 2018-02-21 10:06:44
Document Modified: 2018-02-21 10:06:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Date: April 8, 2015. | |
| Contact | Joseph Shuler, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1293. | |
| FR Citation | 80 FR 18808 |
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