80_FR_61566 80 FR 61369 - Brass Sheet and Strip From Germany: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2013-2014

80 FR 61369 - Brass Sheet and Strip From Germany: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 197 (October 13, 2015)

Page Range61369-61371
FR Document2015-25988

In response to a request from Petitioners,\1\ the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on brass sheet and strip from Germany. The period of review (POR) is March 1, 2013, through February 28, 2014.\2\ The review covers ten producers or exporters of subject merchandise.\3\ We find that three of the producers or exporters for which the Department initiated a review, Schwermetall, ThyssenKrupp, and Wieland, had no shipments during the POR. Further, we find that subject merchandise has been sold at less than normal value by seven of the companies subject to this review.\4\ Based on our analysis of the comments and information received, these final results remain unchanged from the Preliminary Results.\5\ For the final weighted-average dumping margin, see the ``Final Results of Review'' section below. ---------------------------------------------------------------------------

Federal Register, Volume 80 Issue 197 (Tuesday, October 13, 2015)
[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Notices]
[Pages 61369-61371]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25988]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-602]


Brass Sheet and Strip From Germany: Final Results of Antidumping 
Duty Administrative Review and Final Determination of No Shipments; 
2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request from Petitioners,\1\ the Department 
of Commerce (the Department) is conducting an administrative review of 
the antidumping duty order on brass sheet and strip from Germany. The 
period of review (POR) is March 1, 2013, through February 28, 2014.\2\ 
The review covers ten producers or exporters of subject merchandise.\3\ 
We find that three of the producers or exporters for which the 
Department initiated a review, Schwermetall, ThyssenKrupp, and Wieland, 
had no shipments during the POR. Further, we find that subject 
merchandise has been sold at less than normal value by seven of the 
companies subject to this review.\4\ Based on our analysis of the 
comments and information received, these final results remain unchanged 
from the Preliminary Results.\5\ For the final weighted-average dumping 
margin, see the ``Final Results of Review'' section below.
---------------------------------------------------------------------------

    \1\ The Petitioners are GBC Metals, LLC of Global Brass and 
Copper, Inc., dba Olin Brass, Heyco Metals, Inc., Aurubis Buffalo, 
Inc. PMX Industries, Inc. and Revere Copper Products, Inc.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 79 FR 
24398 (April 30, 2014) (Initiation).
    \3\ The ten producers or exporters include: Aurubis Stolberg 
GmbH & Co. KG, Carl Schreiber GmbH, KME Germany AG & Co. KG, 
Messingwerk Plettenberg Herfeld GmbH & Co. KG (Messingwerk), MKM 
Mansfelder Kupfer & Messing GmbH, Schlenk Metallfolien GmbH & Co. 
KG, Schwermetall Halbzeugwerk GmbH & Co. KG (Schwermetall), 
Sundwiger Messingwerke GmbH & Co. KG, ThyssenKrupp VDM GmbH 
(ThyssenKrupp), and Wieland-Werke AG (Wieland).
    \4\ The seven companies include Aurubis Stolberg GmbH & Co. KG, 
Carl Schreiber GmbH, KME Germany AG & Co. KG, Messingwerk, MKM 
Mansfelder Kupfer & Messing GmbH, Schlenk Metallfolien GmbH & Co. 
KG, and Sundwiger Messingwerke GmbH & Co. KG.
    \5\ See Brass Sheet and Strip from Germany: Preliminary Results 
of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments; 2013-2014, 80 FR 18357 (April 6, 
2015) (Preliminary Results), and accompanying ``Preliminary Decision 
Memorandum for the Final Results of the Antidumping Duty 
Administrative Review: Brass Sheet and Strip from Germany; 2013-
2014'' from Gary Taverman, Associate Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, dated March 31, 
2015 (Preliminary Decision Memorandum). The three producers or 
exporters which we determine had no shipments are Schwermetall, 
ThyssenKrupp, and Wieland.

---------------------------------------------------------------------------
DATES: Effective Date: October 13, 2015.

FOR FURTHER INFORMATION CONTACT: George McMahon or Eric Greynolds, AD/
CVD Operations, Office III, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1167 or (202) 482-6071, respectively.

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 Germany, 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). Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
merchandise subject to the order is dispositive.\6\
---------------------------------------------------------------------------

    \6\ For a full description of the scope of the order, see the 
``Issues and Decision Memorandum for the Final Results of the 
Antidumping Duty Administrative Review: Brass Sheet and Strip from 
Germany; 2013-2014'' from Gary Taverman, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
dated concurrently with this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

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 Messingwerk, the sole company 
selected for individual examination in this review. Thus, we are 
assigning a rate of 55.60 percent as the dumping margin for 
Messingwerk.\7\ In making these findings, we relied on facts available 
because Messingwerk 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)(1) and 
(2)(A)-(C) of the Act. Furthermore, because we determine that 
Messingwerk 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.
---------------------------------------------------------------------------

    \7\ For a full description of the Department's selection of the 
55.60 percent adverse facts available dumping margin, see Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    Additionally, as indicated in the ``Final Results of Review'' 
section below, we determine that a margin of 22.61 percent applies to 
the six firms not selected for individual review. We have determined to 
base the dumping margin for the six companies not selected for 
individual examination in this review on an average of the range of 
certain dumping margins contained in the underlying Petition.\8\ For 
further information, see the Preliminary Decision Memorandum \9\ at the 
section titled, ``Rate for Non-Examined Companies.''
---------------------------------------------------------------------------

    \8\ See Brass Sheet and Strip From The Federal Republic of 
Germany; Initiation of Antidumping Duty Investigation, 51 FR 11774 
(April 7, 1986).
    \9\ See the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    For a full description of the methodology underlying our

[[Page 61370]]

conclusions, see the Issues and Decision Memorandum. A list of topics 
included in the Issues and Decision Memorandum is included in the 
Appendix attached to this notice.
    The Issues and Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
to all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Internet 
at: http://enforcement.trade.gov/frn/index.html.

Final Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information and information provided by Schwermetall, ThyssenKrupp, and 
Wieland, we determine that Schwermetall, ThyssenKrupp, and Wieland had 
no shipments of the subject merchandise, and, therefore, no reviewable 
transactions, during the POR. For a full discussion of this 
determination, see the Issues and Decision Memorandum.

Final Results of Review

    As a result of this review, the Department determines that the 
following dumping margins on brass sheet and strip from Germany exist 
for the period March 1, 2013, through February 28, 2014:

------------------------------------------------------------------------
                                                                Margin
                  Producer and/or exporter                     (percent)
------------------------------------------------------------------------
Aurubis Stolberg GmbH & Co. KG..............................       22.61
Carl Schreiber GmbH.........................................       22.61
KME Germany AG & Co. KG.....................................       22.61
Messingwerk Plettenberg Herfeld GmbH & Co. KG...............       55.60
MKM Mansfelder Kupfer & Messing GmbH........................       22.61
Schlenk Metallfolien GmbH & Co. KG..........................       22.61
Sundwiger Messingwerke GmbH & Co. KG........................       22.61
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), the Department determined, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise, 
in accordance with the final results of this review. The Department 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of these final results of review.
    We will instruct CBP to apply an ad valorem assessment rate of 
55.60 percent to all entries of subject merchandise during the POR 
which were produced and/or exported by Messingwerk, and an ad valorem 
assessment rate of 22.61 percent to all entries of subject merchandise 
during the POR which were produced and/or exported by the six 
aforementioned companies which were not selected for individual 
examination.
    Consistent with the Department's ``automatic assessment'' 
regulation,\10\ for entries of subject merchandise during the POR 
produced by the above-referenced companies, for which the company did 
not know that its merchandise was destined for the United States, we 
will instruct CBP to liquidate these entries at the all-others rate 
established in the less-than fair-value (LTFV) investigation, 7.30 
percent,\11\ if there is no rate for the intermediary involved in the 
transaction. See Assessment Policy Notice for a full discussion of this 
clarification. Further, because ``as entered'' liquidation instructions 
do not alleviate the concerns which the Assessment Policy Notice was 
intended to address, we find it appropriate in this case to instruct 
CBP to liquidate any existing entries of merchandise produced by 
Schwermetall, ThyssenKrupp, or Wieland and exported by other parties at 
the all others rate base on our determination that Schwermetall, 
ThyssenKrupp, and Wieland had no shipments of subject merchandise from 
Germany.\12\
---------------------------------------------------------------------------

    \10\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
    \11\ See Antidumping Duty Order: Brass Sheet and Strip From the 
Federal Republic of Germany, 52 FR 6997 (March 6, 1987), as amended, 
Final Determination of Sales at Less Than Fair Value and Amendment 
to Antidumping Duty Order: Brass Sheet and Strip From Germany, 52 FR 
35750 (April 8, 1987) (Order).
    \12\ See, e.g., Certain Frozen Warmwater Shrimp from India: 
Partial Rescission of Antidumping Duty Administrative Review, 73 FR 
77610, 77612 (December 19, 2008).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 751(a)(2) 
of the Act: (1) The cash deposit rate for respondents noted above will 
be the rate established in the final results of this administrative 
review; (2) for merchandise exported by manufacturers or exporters not 
covered in this administrative 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 original 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 subject merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will continue to be 7.30 percent, the all-
others rate determined in the less than fair value investigation. These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during the POR. Failure to 
comply with this requirement could result in the Department's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of doubled antidumping 
duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.


[[Page 61371]]


    Dated: October 5, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. No Shipment Determination
V. List of Comments
    Comment 1: Whether the Adverse Facts Available (AFA) Rate Is 
Probative for the POR
    Comment 2: Whether the AFA Rate Is Aberrant
    Comment 3: Whether the AFA Rate Is Incorrect Based on 
Verification in the Investigation
    Comment 4: Whether the AFA Rate Is Supported by the Department's 
Rationale
    Comment 5: Whether the Department Provided Documentation to KL 
USA To Support the AFA Rate
VI. Analysis of Comments
VII. Recommendation

[FR Doc. 2015-25988 Filed 10-9-15; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices                                                    61369

                                                  that reimbursement of antidumping                       review covers ten producers or                        7409.29.00.90 of the Harmonized Tariff
                                                  duties occurred and the subsequent                      exporters of subject merchandise.3 We                 Schedule of the United States (HTSUS).
                                                  assessment of double antidumping                        find that three of the producers or                   Although the HTSUS subheadings are
                                                  duties.                                                 exporters for which the Department                    provided for convenience and customs
                                                                                                          initiated a review, Schwermetall,                     purposes, the written description of the
                                                  Administrative Protective Orders                        ThyssenKrupp, and Wieland, had no                     merchandise subject to the order is
                                                    This notice also serves as a reminder                 shipments during the POR. Further, we                 dispositive.6
                                                  to parties subject to administrative                    find that subject merchandise has been
                                                  protective order (APO) of their                                                                               Methodology
                                                                                                          sold at less than normal value by seven
                                                  responsibility concerning the                           of the companies subject to this review.4                In accordance with sections 776(a)
                                                  destruction of proprietary information                  Based on our analysis of the comments                 and (b) of the Tariff Act of 1930, as
                                                  disclosed under APO in accordance                       and information received, these final                 amended (the Act), we relied on facts
                                                  with 19 CFR 351.305(a)(3). Timely                       results remain unchanged from the                     available with an adverse inference with
                                                  written notification of the return or                   Preliminary Results.5 For the final                   respect to Messingwerk, the sole
                                                  destruction of APO materials or                         weighted-average dumping margin, see                  company selected for individual
                                                  conversion to judicial protective order is              the ‘‘Final Results of Review’’ section               examination in this review. Thus, we
                                                  hereby requested. Failure to comply                     below.                                                are assigning a rate of 55.60 percent as
                                                  with the regulations and terms of an                    DATES: Effective Date: October 13, 2015.              the dumping margin for Messingwerk.7
                                                  APO is a sanctionable violation.                        FOR FURTHER INFORMATION CONTACT:                      In making these findings, we relied on
                                                    We are issuing and publishing these                   George McMahon or Eric Greynolds,                     facts available because Messingwerk
                                                  results in accordance with sections                     AD/CVD Operations, Office III,                        failed to respond to the Department’s
                                                  751(a)(1) and 777(i)(1) of the Act.                     Enforcement and Compliance,                           antidumping duty questionnaire, and
                                                                                                          International Trade Administration,                   thus withheld requested information,
                                                  Paul Piquado,
                                                                                                          U.S. Department of Commerce, 14th                     failed to provide requested information
                                                  Assistant Secretary for Enforcement and                                                                       by the established deadlines, and
                                                  Compliance.                                             Street and Constitution Avenue NW.,
                                                                                                          Washington, DC 20230; telephone: (202)                significantly impeded this proceeding.
                                                  Appendix                                                482–1167 or (202) 482–6071,                           See sections 776(a)(1) and (2)(A)–(C) of
                                                                                                          respectively.                                         the Act. Furthermore, because we
                                                  List of Topics Discussed in the Issues and
                                                  Decision Memorandum                                                                                           determine that Messingwerk failed to
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                cooperate by not acting to the best of its
                                                  Summary
                                                                                                          Scope of the Order                                    ability to comply with the Department’s
                                                  Background
                                                  Scope of the Order                                         The merchandise subject to the                     requests for information, we drew an
                                                  Discussion of the Issues                                antidumping duty order is brass sheet                 adverse inference in selecting from
                                                    Comment 1: CEP Offset                                 and strip, other than leaded brass and                among the facts otherwise available. See
                                                  Comment 2: Cost Assigned to Merchandise                 tin brass sheet and strip, from Germany,              section 776(b) of the Act.
                                                       Sold but Not Produced During the POR
                                                                                                          which is currently classified under                      Additionally, as indicated in the
                                                       Recommendation
                                                                                                          subheading 7409.21.00.50,                             ‘‘Final Results of Review’’ section
                                                  [FR Doc. 2015–25966 Filed 10–9–15; 8:45 am]             7409.21.00.75, 7409.21.00.90,                         below, we determine that a margin of
                                                  BILLING CODE 3510–DS–P                                  7409.29.00.50, 7409.29.00.75, and                     22.61 percent applies to the six firms
                                                                                                                                                                not selected for individual review. We
                                                                                                          Request for Revocation in Part, 79 FR 24398 (April
                                                                                                                                                                have determined to base the dumping
                                                  DEPARTMENT OF COMMERCE                                  30, 2014) (Initiation).                               margin for the six companies not
                                                                                                            3 The ten producers or exporters include: Aurubis   selected for individual examination in
                                                  International Trade Administration                      Stolberg GmbH & Co. KG, Carl Schreiber GmbH,          this review on an average of the range
                                                                                                          KME Germany AG & Co. KG, Messingwerk
                                                  [A–428–602]                                             Plettenberg Herfeld GmbH & Co. KG (Messingwerk),
                                                                                                                                                                of certain dumping margins contained
                                                                                                          MKM Mansfelder Kupfer & Messing GmbH, Schlenk         in the underlying Petition.8 For further
                                                  Brass Sheet and Strip From Germany:                     Metallfolien GmbH & Co. KG, Schwermetall              information, see the Preliminary
                                                  Final Results of Antidumping Duty                       Halbzeugwerk GmbH & Co. KG (Schwermetall),            Decision Memorandum 9 at the section
                                                                                                          Sundwiger Messingwerke GmbH & Co. KG,
                                                  Administrative Review and Final                         ThyssenKrupp VDM GmbH (ThyssenKrupp), and
                                                                                                                                                                titled, ‘‘Rate for Non-Examined
                                                  Determination of No Shipments; 2013–                    Wieland-Werke AG (Wieland).                           Companies.’’
                                                  2014                                                      4 The seven companies include Aurubis Stolberg         For a full description of the
                                                                                                          GmbH & Co. KG, Carl Schreiber GmbH, KME               methodology underlying our
                                                  AGENCY:  Enforcement and Compliance,                    Germany AG & Co. KG, Messingwerk, MKM
                                                  International Trade Administration,                     Mansfelder Kupfer & Messing GmbH, Schlenk               6 For a full description of the scope of the order,
                                                                                                          Metallfolien GmbH & Co. KG, and Sundwiger
                                                  Department of Commerce.                                 Messingwerke GmbH & Co. KG.                           see the ‘‘Issues and Decision Memorandum for the
                                                  SUMMARY: In response to a request from                    5 See Brass Sheet and Strip from Germany:
                                                                                                                                                                Final Results of the Antidumping Duty
                                                  Petitioners,1 the Department of                                                                               Administrative Review: Brass Sheet and Strip from
                                                                                                          Preliminary Results of Antidumping Duty
                                                                                                                                                                Germany; 2013–2014’’ from Gary Taverman,
                                                  Commerce (the Department) is                            Administrative Review and Preliminary
                                                                                                                                                                Associate Deputy Assistant Secretary for
                                                  conducting an administrative review of                  Determination of No Shipments; 2013–2014, 80 FR
                                                                                                                                                                Antidumping and Countervailing Duty Operations,
                                                                                                          18357 (April 6, 2015) (Preliminary Results), and
                                                  the antidumping duty order on brass                     accompanying ‘‘Preliminary Decision Memorandum
                                                                                                                                                                to Paul Piquado, Assistant Secretary for
                                                  sheet and strip from Germany. The                                                                             Enforcement and Compliance, dated concurrently
                                                                                                          for the Final Results of the Antidumping Duty
                                                                                                                                                                with this notice (Issues and Decision
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  period of review (POR) is March 1,                      Administrative Review: Brass Sheet and Strip from
                                                                                                          Germany; 2013–2014’’ from Gary Taverman,              Memorandum).
                                                  2013, through February 28, 2014.2 The                   Associate Deputy Assistant Secretary for
                                                                                                                                                                  7 For a full description of the Department’s

                                                                                                          Antidumping and Countervailing Duty Operations,       selection of the 55.60 percent adverse facts
                                                    1 The Petitioners are GBC Metals, LLC of Global
                                                                                                          to Paul Piquado, Assistant Secretary for              available dumping margin, see Issues and Decision
                                                  Brass and Copper, Inc., dba Olin Brass, Heyco           Enforcement and Compliance, dated March 31,           Memorandum.
                                                  Metals, Inc., Aurubis Buffalo, Inc. PMX Industries,     2015 (Preliminary Decision Memorandum). The             8 See Brass Sheet and Strip From The Federal

                                                  Inc. and Revere Copper Products, Inc.                   three producers or exporters which we determine       Republic of Germany; Initiation of Antidumping
                                                    2 See Initiation of Antidumping and                   had no shipments are Schwermetall,                    Duty Investigation, 51 FR 11774 (April 7, 1986).
                                                  Countervailing Duty Administrative Reviews and          ThyssenKrupp, and Wieland.                              9 See the Preliminary Decision Memorandum.




                                             VerDate Sep<11>2014   21:23 Oct 09, 2015   Jkt 238001   PO 00000   Frm 00036   Fmt 4703   Sfmt 4703   E:\FR\FM\13OCN1.SGM   13OCN1


                                                  61370                                Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices

                                                  conclusions, see the Issues and Decision                         date of publication of these final results            will be the rate established in the final
                                                  Memorandum. A list of topics included                            of review.                                            results of this administrative review; (2)
                                                  in the Issues and Decision                                          We will instruct CBP to apply an ad                for merchandise exported by
                                                  Memorandum is included in the                                    valorem assessment rate of 55.60                      manufacturers or exporters not covered
                                                  Appendix attached to this notice.                                percent to all entries of subject                     in this administrative review but
                                                     The Issues and Decision                                       merchandise during the POR which                      covered in a prior segment of the
                                                  Memorandum is a public document and                              were produced and/or exported by                      proceeding, the cash deposit rate will
                                                  is on file electronically via Enforcement                        Messingwerk, and an ad valorem                        continue to be the company specific rate
                                                  and Compliance’s Antidumping and                                 assessment rate of 22.61 percent to all               published for the most recently
                                                  Countervailing Duty Centralized                                  entries of subject merchandise during                 completed segment of this proceeding;
                                                  Electronic Service System (ACCESS).                              the POR which were produced and/or
                                                                                                                                                                         (3) if the exporter is not a firm covered
                                                  ACCESS is available to registered users                          exported by the six aforementioned
                                                                                                                                                                         in this review, a prior review, or the
                                                  at http://access.trade.gov and to all                            companies which were not selected for
                                                                                                                   individual examination.                               original investigation, but the
                                                  parties in the Central Records Unit,                                                                                   manufacturer is, the cash deposit rate
                                                  Room B8024 of the main Department of                                Consistent with the Department’s
                                                                                                                   ‘‘automatic assessment’’ regulation,10                will be the rate established for the most
                                                  Commerce building. In addition, a
                                                                                                                   for entries of subject merchandise                    recently completed segment of this
                                                  complete version of the Issues and
                                                                                                                   during the POR produced by the above-                 proceeding for the manufacturer of the
                                                  Decision Memorandum can be accessed
                                                                                                                   referenced companies, for which the                   subject merchandise; and (4) the cash
                                                  directly on the Internet at: http://
                                                  enforcement.trade.gov/frn/index.html.                            company did not know that its                         deposit rate for all other manufacturers
                                                                                                                   merchandise was destined for the                      or exporters will continue to be 7.30
                                                  Final Determination of No Shipments                              United States, we will instruct CBP to                percent, the all-others rate determined
                                                    Based on our analysis of U.S. Customs                          liquidate these entries at the all-others             in the less than fair value investigation.
                                                  and Border Protection (CBP)                                      rate established in the less-than fair-               These cash deposit requirements, when
                                                  information and information provided                             value (LTFV) investigation, 7.30                      imposed, shall remain in effect until
                                                  by Schwermetall, ThyssenKrupp, and                               percent,11 if there is no rate for the                further notice.
                                                  Wieland, we determine that                                       intermediary involved in the
                                                                                                                   transaction. See Assessment Policy                    Notification to Importers Regarding the
                                                  Schwermetall, ThyssenKrupp, and                                                                                        Reimbursement of Duties
                                                  Wieland had no shipments of the                                  Notice for a full discussion of this
                                                  subject merchandise, and, therefore, no                          clarification. Further, because ‘‘as
                                                                                                                                                                           This notice also serves as a final
                                                  reviewable transactions, during the                              entered’’ liquidation instructions do not
                                                                                                                                                                         reminder to importers of their
                                                  POR. For a full discussion of this                               alleviate the concerns which the
                                                                                                                   Assessment Policy Notice was intended                 responsibility under 19 CFR
                                                  determination, see the Issues and                                                                                      351.402(f)(2) to file a certificate
                                                  Decision Memorandum.                                             to address, we find it appropriate in this
                                                                                                                   case to instruct CBP to liquidate any                 regarding the reimbursement of
                                                  Final Results of Review                                          existing entries of merchandise                       antidumping and/or countervailing
                                                                                                                   produced by Schwermetall,                             duties prior to liquidation of the
                                                    As a result of this review, the                                                                                      relevant entries during the POR. Failure
                                                  Department determines that the                                   ThyssenKrupp, or Wieland and
                                                                                                                   exported by other parties at the all                  to comply with this requirement could
                                                  following dumping margins on brass                                                                                     result in the Department’s presumption
                                                  sheet and strip from Germany exist for                           others rate base on our determination
                                                                                                                   that Schwermetall, ThyssenKrupp, and                  that reimbursement of antidumping
                                                  the period March 1, 2013, through
                                                                                                                   Wieland had no shipments of subject                   and/or countervailing duties occurred
                                                  February 28, 2014:
                                                                                                                   merchandise from Germany.12                           and the subsequent assessment of
                                                                                                      Margin                                                             doubled antidumping duties.
                                                       Producer and/or exporter                                    Cash Deposit Requirements
                                                                                                     (percent)
                                                                                                                     The following cash deposit                          Administrative Protective Order
                                                  Aurubis Stolberg GmbH & Co.                                      requirements will be effective upon
                                                                                                                                                                           This notice also serves as a reminder
                                                    KG ...........................................        22.61    publication of the notice of final results
                                                  Carl Schreiber GmbH .................                   22.61                                                          to parties subject to administrative
                                                                                                                   of administrative review for all
                                                  KME Germany AG & Co. KG .....                           22.61    shipments of subject merchandise                      protective orders (APO) of their
                                                  Messingwerk Plettenberg Herfeld                                  entered, or withdrawn from warehouse,                 responsibility concerning the return or
                                                    GmbH & Co. KG .....................                   55.60                                                          destruction of proprietary information
                                                  MKM Mansfelder Kupfer &
                                                                                                                   for consumption on or after the
                                                                                                                   publication of the final results of this              disclosed under APO in accordance
                                                    Messing GmbH .......................                  22.61
                                                                                                                   administrative review, as provided by                 with 19 CFR 351.305(a)(3), which
                                                  Schlenk Metallfolien GmbH &
                                                    Co. KG ....................................           22.61    section 751(a)(2) of the Act: (1) The cash            continues to govern business
                                                  Sundwiger Messingwerke GmbH                                      deposit rate for respondents noted above              proprietary information in this segment
                                                    & Co. KG .................................            22.61                                                          of the proceeding. Timely written
                                                                                                                      10 See Antidumping and Countervailing Duty         notification of the return/destruction of
                                                  Assessment Rates                                                 Proceedings: Assessment of Antidumping Duties, 68     APO materials, or conversion to judicial
                                                                                                                   FR 23954 (May 6, 2003) (Assessment Policy Notice).
                                                                                                                                                                         protective order, is hereby requested.
                                                     Pursuant to section 751(a)(2)(C) of the                          11 See Antidumping Duty Order: Brass Sheet and

                                                                                                                   Strip From the Federal Republic of Germany, 52 FR     Failure to comply with the regulations
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                                                  Act and 19 CFR 351.212(b)(1), the
                                                                                                                   6997 (March 6, 1987), as amended, Final               and the terms of an APO is a
                                                  Department determined, and CBP shall                             Determination of Sales at Less Than Fair Value and
                                                  assess, antidumping duties on all                                                                                      sanctionable violation.
                                                                                                                   Amendment to Antidumping Duty Order: Brass
                                                  appropriate entries of subject                                   Sheet and Strip From Germany, 52 FR 35750 (April        We are issuing and publishing these
                                                  merchandise, in accordance with the                              8, 1987) (Order).                                     results in accordance with sections
                                                                                                                      12 See, e.g., Certain Frozen Warmwater Shrimp
                                                  final results of this review. The                                from India: Partial Rescission of Antidumping Duty
                                                                                                                                                                         751(a)(1) and 777(i)(1) of the Act.
                                                  Department intends to issue assessment                           Administrative Review, 73 FR 77610, 77612
                                                  instructions to CBP 15 days after the                            (December 19, 2008).



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                                                                               Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices                                            61371

                                                    Dated: October 5, 2015.                               Background                                            Scope of the Investigation
                                                  Paul Piquado,                                                                                                    The scope of the investigation covers
                                                  Assistant Secretary for Enforcement and                    The petitioners in this investigation
                                                                                                          are American Cast Iron Pipe Company,                  welded line pipe, which is carbon and
                                                  Compliance.                                                                                                   alloy steel pipe of a kind used for oil or
                                                                                                          Energex (a division of JMC Steel Group),
                                                  Appendix                                                                                                      gas pipelines, not more than 24 inches
                                                                                                          Maverick Tube Corporation, Northwest
                                                                                                                                                                in nominal outside diameter. For a
                                                  List of Topics Discussed in the Final Issues            Pipe Company, Stupp Corporation (a
                                                                                                                                                                complete description of the scope of the
                                                  and Decision Memorandum                                 division of Stupp Bros., Inc.), Tex-Tube
                                                                                                                                                                investigation, see Appendix I.
                                                  I. Summary                                              Company, TMK IPSCO, and Welspun
                                                  II. Background                                          Tubular LLC USA. In addition to the                   Analysis of Subsidy Programs and
                                                  III. Scope of the Order                                 Government of Turkey, the mandatory                   Comments Received
                                                  IV. No Shipment Determination                           respondents in this investigation are                    The subsidy programs under
                                                  V. List of Comments                                     Borusan Istikbal Ticaret, Borusan                     investigation and the issues raised in
                                                     Comment 1: Whether the Adverse Facts                 Mannesmann Boru Sanayi ve Ticaret
                                                        Available (AFA) Rate Is Probative for the                                                               the case and rebuttal briefs by parties in
                                                                                                          A.S., Borusan Mannesmann Boru                         this investigation are discussed in the
                                                        POR
                                                     Comment 2: Whether the AFA Rate Is                   Yatirim Holding A.S., and Borusan                     Issues and Decision Memorandum,
                                                        Aberrant                                          Holding A.S. (collectively, Borusan) and              dated concurrently with this notice. A
                                                     Comment 3: Whether the AFA Rate Is                   Toscelik Profil ve Sac Endustrisi A.S.,               list of the issues that parties have raised,
                                                        Incorrect Based on Verification in the            Tosyali Demir Celik Sanayi A.S.,                      and to which we responded in the
                                                        Investigation                                     Tosyali Dis Ticaret A.S., Tosyali                     Issues and Decision Memorandum, is
                                                     Comment 4: Whether the AFA Rate Is                   Elektrik Enerjisi Toptan Satis Ith. Ihr.              attached to this notice as Appendix II.
                                                        Supported by the Department’s Rationale           A.S., and Tosyali Holding A.S.
                                                     Comment 5: Whether the Department                    (collectively, Toscelik).                             Use of Facts Otherwise Available,
                                                        Provided Documentation to KL USA To                                                                     Including Adverse Inferences
                                                        Support the AFA Rate                                 The events that have occurred since
                                                                                                          the Department published the                             On April 14, 2015, Borusan notified
                                                  VI. Analysis of Comments
                                                  VII. Recommendation                                                                                           the Department that it would not
                                                                                                          Preliminary Determination 1 on March
                                                                                                                                                                participate in the statutorily mandated
                                                  [FR Doc. 2015–25988 Filed 10–9–15; 8:45 am]             20, 2015, are discussed in the Issues and
                                                                                                                                                                verification in this investigation. By
                                                  BILLING CODE 3510–DS–P                                  Decision Memorandum, which is hereby
                                                                                                                                                                refusing to participate in verification,
                                                                                                          incorporated in this notice.2 This
                                                                                                                                                                Borusan significantly impeded this
                                                                                                          memorandum also details the changes
                                                                                                                                                                proceeding and provided information
                                                  DEPARTMENT OF COMMERCE                                  we made since the Preliminary
                                                                                                                                                                that cannot be verified as provided by
                                                                                                          Determination to the subsidy rates
                                                  International Trade Administration                                                                            section 782(i) of the Act. Thus, for the
                                                                                                          calculated for the mandatory
                                                                                                                                                                final determination, we are basing the
                                                                                                          respondents and all other producers/                  countervailing duty (CVD) rate for
                                                  [C–489–823]                                             exporters. The Issues and Decision                    Borusan on facts otherwise available,
                                                  Welded Line Pipe From the Republic of                   Memorandum is a public document and                   pursuant to sections 776(a)(2)(C) and (D)
                                                  Turkey: Final Affirmative                               is on file electronically via Enforcement             of the Act. Further, because Borusan did
                                                  Countervailing Duty Determination                       and Compliance’s Antidumping and                      not cooperate to the best of its ability in
                                                                                                          Countervailing Duty Centralized                       this investigation, we also determine
                                                  AGENCY:   Enforcement and Compliance,                   Electronic Service System (ACCESS).                   that an adverse inference is warranted,
                                                  International Trade Administration,                     ACCESS is available to registered users               pursuant to section 776(b) of the Act. As
                                                  Department of Commerce.                                 at http://access.trade.gov, and is                    adverse facts available (AFA), we have
                                                  SUMMARY: The Department of Commerce                     available to all parties in the Central               assigned Borusan a rate of 152.20
                                                  (the Department) determines that                        Records Unit, room B8024 of the main                  percent. For a full discussion of this
                                                  countervailable subsidies are being                     Department of Commerce building. In                   issue, see the Issues and Decision
                                                  provided to producers and exporters of                  addition, a complete version of the                   Memorandum.
                                                  welded line pipe from the Republic of                   Issues and Decision Memorandum can
                                                  Turkey (Turkey) as provided in section                  be accessed directly at http://                       Suspension of Liquidation
                                                  705 of the Tariff Act of 1930, as                       enforcement.trade.gov/frn/index.html.                    In accordance with section
                                                  amended (the Act). The period of                        The signed Issues and Decision                        705(c)(1)(B)(i) of the Act, we calculated
                                                  investigation (POI) is January 1, 2013,                 Memorandum and the electronic                         a rate for Toscelik. Section
                                                  through December 31, 2013. For                          version of the Issues and Decision                    705(c)(5)(A)(i) of the Act states that, for
                                                  information on the estimated subsidy                    Memorandum are identical in content.                  companies not individually
                                                  rates, see the ‘‘Suspension of                                                                                investigated, we will determine an ‘‘all
                                                  Liquidation’’ section of this notice.                     1 See Welded Line Pipe From the Republic of         others’’ rate equal to the weighted-
                                                                                                          Turkey: Preliminary Affirmative Countervailing        average countervailable subsidy rates
                                                  DATES: Effective Date: October 13, 2015.                Duty Determination and Alignment of Final
                                                                                                                                                                established for exporters and producers
                                                  FOR FURTHER INFORMATION CONTACT:                        Determination With Final Antidumping
                                                                                                          Determination, 80 FR 14943 (March 20, 2015)           individually investigated, excluding any
                                                  Elizabeth Eastwood or Dennis McClure,                                                                         zero and de minimis countervailable
                                                                                                          (Preliminary Determination), and accompanying
                                                  Office II, AD/CVD Operations,                           Preliminary Decision Memorandum.                      subsidy rates, and any rates determined
                                                  Enforcement and Compliance,                               2 See Memorandum from Christian Marsh, Deputy
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                                                                                                                                                                entirely under section 776 of the Act.
                                                  International Trade Administration,                     Assistant Secretary for Antidumping and
                                                                                                                                                                Where the rates for investigated
                                                  U.S. Department of Commerce, 14th                       Countervailing Duty Operations, to Paul Piquado,
                                                                                                          Assistant Secretary for Enforcement and               companies are zero or de minimis, or
                                                  Street and Constitution Avenue NW.,                     Compliance, entitled, ‘‘Issues and Decision           based entirely on facts otherwise
                                                  Washington, DC 20230; telephone: (202)                  Memorandum for the Final Determination in the         available, section 705(c)(5)(A)(ii) of the
                                                  482–3874 and (202) 482–5973,                            Countervailing Duty Investigation of Welded Line
                                                                                                                                                                Act instructs the Department to
                                                  respectively.                                           Pipe from the Republic of Turkey,’’ dated
                                                                                                          concurrently with this notice (Issues and Decision    establish an ‘‘all others’’ rate using ‘‘any
                                                  SUPPLEMENTARY INFORMATION:                              Memorandum).                                          reasonable method.’’ As discussed


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Document Created: 2018-02-27 08:48:21
Document Modified: 2018-02-27 08:48:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective Date: October 13, 2015.
ContactGeorge McMahon or Eric Greynolds, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1167 or (202) 482-6071, respectively.
FR Citation80 FR 61369 

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