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)

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. ---------------------------------------------------------------------------

[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]


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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.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 24233 (April 30, 2015).

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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.
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    \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.
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    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)
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KME Italy SpA...........................................   22.00 percent
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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.
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    \3\ See 19 CFR 351.309(d).
    \4\ See 19 CFR 351.303 (for general filing requirements).
    \5\ See 19 CFR 351.303.
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    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