80 FR 74759 - Brass Sheet and Strip From Italy; Preliminary Results of Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 229 (November 30, 2015)
International Trade Administration
Federal Register Volume 80, Issue 229 (November 30, 2015)
| Page Range | 74759-74760 | |
| FR Document | 2015-30340 |
[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)] [Notices] [Pages 74759-74760] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30340] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-475-601] Brass Sheet and Strip From Italy; Preliminary Results of Antidumping Duty Administrative Review; 2014-2015 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, 2014, through February 28, 2015. --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 24233 (April 30, 2015). --------------------------------------------------------------------------- DATES: Effective Date: November 30, 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 2014-2015 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). 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 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. 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, 2014, through February 28, 2015: ------------------------------------------------------------------------ Dumping margin Exporter/Manufacturer (percent) ------------------------------------------------------------------------ KME Italy SpA........................................... 22.00 percent ------------------------------------------------------------------------ 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.\3\ 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.\4\ Case and rebuttal briefs should be filed using ACCESS.\5\ 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 [[Page 74760]] will be limited to those raised in the respective case briefs. --------------------------------------------------------------------------- \3\ See 19 CFR 351.309(d). \4\ See 19 CFR 351.303 (for general filing requirements). \5\ See 19 CFR 351.303. --------------------------------------------------------------------------- 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 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: November 20, 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. 2015-30340 Filed 11-27-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Notices 74759
cash deposit of estimated duties at the FOR FURTHER INFORMATION CONTACT: thus withheld requested information,
rate applicable to the exporter on all Joseph Shuler, AD/CVD Operations, failed to provide requested information
unliquidated entries of innerspring Office I, Enforcement and Compliance, by the established deadlines, and
units from produced in and/or exported International Trade Administration, significantly impeded this proceeding.
from Malaysia by Goldon that were U.S. Department of Commerce, 14th See sections 776(a)(2)(A)–(C) of the Act.
entered, or withdrawn from warehouse, Street and Constitution Avenue NW., Furthermore, because we preliminarily
for consumption on or after December Washington, DC 20230; telephone: (202) determine that KME Italy failed to
22, 2014, the date of initiation of the 482–1293. cooperate by not acting to the best of its
anticircumvention inquiry.5 SUPPLEMENTARY INFORMATION: ability to comply with the Department’s
requests for information, we drew an
Notice to Parties Scope of the Order adverse inference in selecting from
This notice serves as the only The merchandise subject to the among the facts otherwise available. See
reminder to parties subject to the antidumping duty order is brass sheet section 776(b) of the Act.
administrative protective order (‘‘APO’’) and strip, other than leaded brass and For a full description of the
of their responsibility concerning the tin brass sheet and strip, from Italy, methodology underlying our
return or destruction of proprietary which is currently classified under conclusions, see the Preliminary
information disclosed under APO in subheading 7409.21.00.50, Decision Memorandum.
accordance with 19 CFR 351.305. 7409.21.00.75, 7409.21.00.90,
Timely written notification of the return 7409.29.00.50, 7409.29.00.75, and Preliminary Results of Review
or destruction of APO materials, or 7409.29.00.90 of the Harmonized Tariff As a result of our review, we
conversion to judicial protective order, Schedule of the United States (HTSUS). preliminarily determine that the
is hereby requested. Failure to comply The HTSUS numbers are provided for following dumping margin on BSS from
with the regulations and terms of an convenience and customs purposes. A Italy exists for the period March 1, 2014,
APO is a violation which is subject to full description of the scope of the order through February 28, 2015:
sanction. is contained in the Preliminary Decision
This final affirmative circumvention Memorandum.2 The written description Dumping
determination is published in is dispositive. Exporter/Manufacturer margin
accordance with section 781(b) of the The Preliminary Decision (percent)
Act and 19 CFR 351.225(h). Memorandum is a public document and
KME Italy SpA ...................... 22.00 percent
Dated: November 20, 2015. is on file electronically via Enforcement
Paul Piquado, and Compliance’s Antidumping and
Countervailing Duty Centralized Disclosure and Public Comment
Assistant Secretary for Enforcement and
Compliance. Electronic Service System (ACCESS). Pursuant to 19 CFR 351.309(c),
[FR Doc. 2015–30336 Filed 11–27–15; 8:45 am]
ACCESS is available to registered users interested parties may submit case briefs
at http://access.trade.gov and to all not later than 30 days after the date of
BILLING CODE 3510–DS–P
parties in the Central Records Unit, publication of this notice. Rebuttal
Room B8024 of the main Department of briefs, limited to issues raised in the
DEPARTMENT OF COMMERCE Commerce building. In addition, a case briefs, may be filed not later than
complete version of the Preliminary five days after the date for filing case
International Trade Administration Decision Memorandum can be accessed briefs.3 Parties who submit case briefs or
directly on the Internet at http:// rebuttal briefs in this proceeding are
[A–475–601]
enforcement.trade.gov/frn/index.html. encouraged to submit with each
A list of the topics discussed in the argument: (1) A statement of the issue;
Brass Sheet and Strip From Italy; Preliminary Decision Memorandum is (2) a brief summary of the argument;
Preliminary Results of Antidumping attached as an Appendix to this notice. and (3) a table of authorities.4 Case and
Duty Administrative Review; 2014– Methodology rebuttal briefs should be filed using
2015 ACCESS.5
In accordance with sections 776(a)
AGENCY: Enforcement and Compliance, and (b) of the Tariff Act of 1930, as Pursuant to 19 CFR 351.310(c),
International Trade Administration, amended (the Act), we relied on facts interested parties who wish to request a
Department of Commerce. available with an adverse inference with hearing, or to participate if one is
respect to KME Italy SpA (KME Italy), requested, must submit a written
SUMMARY: The Department of Commerce
the only company for which a review request to the Assistant Secretary for
(the Department) is conducting an
was requested. Thus, we preliminarily Enforcement and Compliance, filed
administrative review of the
assign a rate of 22.00 percent as the electronically via ACCESS. An
antidumping duty order on brass sheet
dumping margin for KME Italy. In electronically filed document must be
and strip (BSS) from Italy.1 This review
making these findings, we relied on received successfully in its entirety in
covers one company. The period of
facts available because KME Italy failed ACCESS by 5 p.m. Eastern Time within
review (POR) is March 1, 2014, through
to respond to the Department’s 30 days after the date of publication of
February 28, 2015.
antidumping duty questionnaire, and this notice. Requests should contain: (1)
DATES: Effective Date: November 30, The party’s name, address and
2015.
jstallworth on DSK7TPTVN1PROD with NOTICES
2 See Memorandum from Christian Marsh, Deputy telephone number; (2) the number of
Assistant Secretary for Antidumping and participants; and (3) a list of issues to be
5 See Uncovered Innerspring Units from the
Countervailing Duty Operations, to Paul Piquado, discussed. Issues raised in the hearing
People’s Republic China: Initiation of Assistant Secretary for Enforcement and
Anticircumvention Inquiry on Antidumping Duty Compliance, ‘‘Decision Memorandum for
3 See 19 CFR 351.309(d).
Order, 79 FR 78792 (December 31, 2014). Preliminary Results of the 2014–2015 Antidumping
1 See Initiation of Antidumping and 4 See 19 CFR 351.303 (for general filing
Duty Administrative Review: Brass Sheet and Strip
Countervailing Duty Administrative Reviews, 80 FR from Italy’’ (Preliminary Decision Memorandum), requirements).
24233 (April 30, 2015). dated concurrently with this notice. 5 See 19 CFR 351.303.
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![74760 Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Notices
will be limited to those raised in the of the relevant entries during this foreign markets, export counseling to
respective case briefs. review period. Failure to comply with exhibitors, and export counseling and
The Department intends to issue the this requirement could result in the matchmaking services at the trade show.
final results of this administrative Secretary’s presumption that This notice covers selection for IBP
review, including the results of its reimbursement of antidumping duties Select participation during calendar
analysis of the issues raised in any occurred and the subsequent assessment year 2017.
written briefs, not later than 120 days of doubled antidumping duties. DATES: Applications for IBP Select must
after the date of publication of this be received by Friday, January 8, 2016.
notice, pursuant to section 751(a)(3)(A) Notification to Interested Parties
ADDRESSES: The application form can be
of the Act. We are issuing and publishing these found at www.export.gov/ibp.
results in accordance with sections Applications may be submitted by any
Assessment Rates 751(a)(1) and 777(i)(1) of the Act. of the following methods: (1) Mail/Hand
Upon issuance of the final results, the Dated: November 20, 2015. Delivery Service: International Buyer
Department shall determine, and U.S.
Paul Piquado, Program, Trade Promotion Programs,
Customs and Border Protection (CBP) International Trade Administration,
Assistant Secretary for Enforcement and
shall assess, antidumping duties on all U.S. Department of Commerce, Ronald
Compliance.
appropriate entries covered by this Reagan Building, 1300 Pennsylvania
review. If the preliminary results are Appendix—List of Topics Discussed in
Ave. NW., Suite 800—Mezzanine
unchanged for the final results we will the Preliminary Decision Memorandum
Level—Atrium North, Washington, DC
instruct CBP to apply an ad valorem A. Summary 20004; (2) Facsimile: (202) 482–7800; or
assessment rate of 22.00 percent to all B. Background (3) email: IBP2017@trade.gov. Facsimile
entries of subject merchandise during C. Scope of the Order and email applications will be accepted
the POR which were produced and/or D. Discussion of the Methodology as interim applications, and must be
exported by KME Italy. 1. Use of Facts Otherwise Available
a. Use of Facts Available
followed by a signed original
We intend to issue liquidation application that is received by the
instructions to CBP 15 days after b. Application of Facts Available With an
Adverse Inference program no later than five (5) business
publication of the final results of days after the application deadline. To
c. Selection and Corroboration of
review. Information Used as Facts Available ensure that applications are received by
Cash Deposit Requirements E. Recommendation the deadline, applicants are strongly
The following deposit requirements [FR Doc. 2015–30340 Filed 11–27–15; 8:45 am] urged to send applications by express
will be effective upon publication of the BILLING CODE 3510–DS–P delivery service (e.g., U.S. Postal Service
notice of final results of administrative Express Delivery, Federal Express, UPS,
etc.).
review for all shipments of BSS from
DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT:
Italy entered, or withdrawn from
warehouse, for consumption on or after Vidya Desai, Acting Director,
International Trade Administration International Buyer Program, Trade
the date of publication, as provided by
section 751(a)(2) of the Act: (1) The cash [Docket No.: 151106999–5999–01] Promotion Programs, International
deposit rate for the reviewed company Trade Administration, U.S. Department
Call for Applications for the of Commerce, 1300 Pennsylvania Ave.
will be the rate established in the final
International Buyer Program Select NW., Ronald Reagan Building, Suite
results of this review; (2) for
Service for Calendar Year 2017 800M—Mezzanine Level—Atrium
merchandise exported by manufacturers
or exporters not covered in this review North, Washington, DC 20004;
AGENCY: International Trade
but covered in a prior segment of the Telephone (202) 482–2311; Facsimile:
Administration, Department of
proceeding, the cash deposit rate will (202) 482–7800; Email: IBP2017@
Commerce.
continue to be the company-specific rate trade.gov.
ACTION: Notice and call for applications.
published for the most recently SUPPLEMENTARY INFORMATION: The IBP
completed segment of this proceeding; SUMMARY: The U.S. Department of was established in the Omnibus Trade
(3) if the exporter is not a firm covered Commerce (DOC), International Trade and Competitiveness Act of 1988 (Pub.
in this review, a prior review, or the Administration (ITA) announces that it L. 100–418, title II, § 2304, codified at
less-than-fair-value investigation but the will begin accepting applications for the 15 U.S.C. 4724) to bring international
manufacturer is, the cash deposit rate International Buyer Program (IBP) Select buyers together with U.S. firms by
will be the rate established for the most service for calendar year 2017 (January promoting leading U.S. trade shows in
recently completed segment of this 1, 2017, through December 31, 2017). industries with high export potential.
proceeding for the manufacturer of the This announcement sets out the The IBP emphasizes cooperation
merchandise; (4) if neither the exporter objectives, procedures and application between the DOC and trade show
nor the manufacturer has its own rate, review criteria for IBP Select. Under IBP organizers to benefit U.S. firms
the cash deposit rate will be 5.44 Select, ITA recruits international buyers exhibiting at selected events and
percent. These deposit requirements, to U.S. trade shows to meet with U.S provides practical, hands-on assistance
when imposed, shall remain in effect suppliers exhibiting at those shows. The such as export counseling and market
until further notice. main difference between IBP and IBP analysis to U.S. companies interested in
Select is that IBP offers worldwide
jstallworth on DSK7TPTVN1PROD with NOTICES
exporting. Shows selected for the IBP
Notifications to Importers promotion, whereas IBP Select focuses Select will provide a venue for U.S.
This notice serves as a preliminary on promotion and recruitment in up to companies interested in expanding their
reminder to importers of their five international markets. Specifically, sales into international markets.
responsibility under 19 CFR through the IBP Select, the DOC selects Through the IBP, the DOC selects
351.402(f)(2) to file a certificate domestic trade shows that will receive trade shows that DOC determines to be
regarding the reimbursement of DOC assistance in the form of targeted leading trade shows with participation
antidumping duties prior to liquidation promotion and recruitment in up to five by U.S. firms interested in exporting.
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Document Created: 2018-03-01 11:12:07
Document Modified: 2018-03-01 11:12:07
| 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: November 30, 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 74759 |
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