80 FR 75055 - Brass Sheet and Strip From France: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 230 (December 1, 2015)
International Trade Administration
Federal Register Volume 80, Issue 230 (December 1, 2015)
| Page Range | 75055-75056 | |
| FR Document | 2015-30500 |
[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)] [Notices] [Pages 75055-75056] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30500] [[Page 75055]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-427-602] Brass Sheet and Strip From France: 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 from France,\1\ pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act). This review covers two companies, Griset SA (Griset) and KME France SAS (KME France). The period of review (POR) is March 1, 2014, through February 28, 2015. We preliminarily find that subject merchandise has been sold at less than normal value by both Griset and KME France. Interested parties are invited to comment on these preliminary results. --------------------------------------------------------------------------- \1\ See Antidumping Duty Order; Brass Sheet and Strip From France, 52 FR 6995 (March 6, 1987) (the Order). --------------------------------------------------------------------------- DATES: Effective Date: December 1, 2015. FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6312 or (202) 482-0649, respectively. SUPPLEMENTARY INFORMATION: Scope of the Order The product covered by the orders is brass sheet and strip, other than leaded and tinned brass sheet and strip, from France. The merchandise is currently classified under Harmonized Tariff Schedule of the United States (HTSUS) item numbers 7409.21.00 and 7409.29.00. 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, entitled ``Decision Memorandum for Preliminary Results of the 2014- 2015 Antidumping Duty Administrative Review: Brass Sheet and Strip from France'' (Preliminary Decision Memorandum), dated concurrently with this notice. --------------------------------------------------------------------------- Methodology Because both Griset and KME France failed to respond to the Department's questionnaire, we preliminarily determined to rely on facts available with an adverse inference with respect to Griset and KME France, in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. Thus, we preliminarily assigned a rate of 42.24 percent as the weighted-average dumping margin for both Griset and KME France.\3\ For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is made available to the public 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 is available 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 topics included in the Preliminary Decision Memorandum is included in Appendix I attached to this notice. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \3\ Because this was an AFA rate derived from the petition in the investigation, the rate was not subject to the Department's so- called ``zeroing'' methodology. See Brass Sheet and Strip From France, Italy, and Japan: Final Results of the Expedited Third Sunset Reviews of the Antidumping Duty Orders, 76 FR 39849 (July 7, 2011) and accompanying Issues and Decision memorandum at 1-3 (``History of the Orders'' section); see also the Order; see also Brass Sheet and Strip from France: Final Determination of Sales at Less than Fair Value, 52 FR 812 (January 9, 1987). --------------------------------------------------------------------------- Preliminary Results of Review As a result of this review, we preliminarily determine that the following weighted-average dumping margins on brass sheet and strip from France exist for the period March 1, 2014, through February 28, 2015, at the following rates: ------------------------------------------------------------------------ Estimated weighted- Producer or exporter average dumping margin (Percent) ------------------------------------------------------------------------ Griset SA............................................. 42.24 KME France SAS........................................ 42.24 ------------------------------------------------------------------------ Disclosure and Public Comment Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.\4\ Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\5\ Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days after the date of publication of this notice.\6\ Requests should contain: (1) The party's name, address and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. --------------------------------------------------------------------------- \4\ See 19 CFR 351.309(d). \5\ See 19 CFR 351.303 (for general filing requirements). \6\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- When submitting a document to the Department via the Department's electronic records system, ACCESS, the document must be received successfully in its entirety by 5 p.m. Eastern Time on the date on which it is due. 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, unless extended, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon completion of the administrative review, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. For the final results, if we continue to rely on adverse facts available to establish the weighted-average dumping margins for Griset and KME France, we will instruct U.S. Customs and Border Protection (CBP) to apply an ad valorem assessment rate of 42.24 percent to all entries of subject merchandise during the POR which were produced and/ or exported by Griset or KME France. The Department clarified its ``automatic assessment'' regulation on May 6, 2003.\7\ This clarification will apply to entries of subject merchandise during the POR produced by the respondent for which it did not know its [[Page 75056]] merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate un-reviewed entries at the all-others rate if there is no rate for the intermediate company involved in the transaction.\8\ --------------------------------------------------------------------------- \7\ See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). \8\ Id. --------------------------------------------------------------------------- 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 brass sheet and strip from France 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 Griset and KME France will be equal to the weighted- average dumping margin established in the final results of this administrative review except if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (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 in which the manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original 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 the proceeding for the manufacturer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 42.24 percent ad valorem, the all- others rate established in the less-than-fair-value investigation.\9\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \9\ See the Order at 52 FR 6996. --------------------------------------------------------------------------- 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 17, 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. Application of Facts Available and Use of Adverse Inference 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. 2015-30500 Filed 11-30-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices 75055
DEPARTMENT OF COMMERCE questionnaire, we preliminarily not later than 30 days after the date of
determined to rely on facts available publication of this notice. Rebuttal
International Trade Administration with an adverse inference with respect briefs, limited to issues raised in the
[A–427–602] to Griset and KME France, in case briefs, may be filed not later than
accordance with sections 776(a) and (b) five days after the date for filing case
Brass Sheet and Strip From France: of the Act and 19 CFR 351.308. Thus, briefs.4 Parties who submit case briefs or
Preliminary Results of Antidumping we preliminarily assigned a rate of 42.24 rebuttal briefs in this proceeding are
Duty Administrative Review; 2014– percent as the weighted-average encouraged to submit with each
2015 dumping margin for both Griset and argument: (1) A statement of the issue;
KME France.3 For a full description of (2) a brief summary of the argument;
AGENCY: Enforcement and Compliance, the methodology underlying our and (3) a table of authorities.5 Pursuant
International Trade Administration, conclusions, see the Preliminary to 19 CFR 351.310(c), interested parties
Department of Commerce. Decision Memorandum. The who wish to request a hearing must
SUMMARY: The Department of Commerce Preliminary Decision Memorandum is a submit a written request to the Assistant
(the Department) is conducting an public document and is made available Secretary for Enforcement and
administrative review of the to the public via Enforcement and Compliance within 30 days after the
antidumping duty order on brass sheet Compliance’s Antidumping and date of publication of this notice.6
and strip from France,1 pursuant to Countervailing Duty Centralized Requests should contain: (1) The party’s
section 751(a)(1) of the Tariff Act of Electronic Service System (ACCESS). name, address and telephone number;
1930, as amended (the Act). This review ACCESS is available to registered users (2) the number of participants; and (3)
covers two companies, Griset SA at http://access.trade.gov and is a list of issues to be discussed. Issues
(Griset) and KME France SAS (KME available to all parties in the Central raised in the hearing will be limited to
France). The period of review (POR) is Records Unit, room B8024 of the main those raised in the respective case
March 1, 2014, through February 28, Department of Commerce building. In briefs.
2015. We preliminarily find that subject addition, a complete version of the When submitting a document to the
merchandise has been sold at less than Preliminary Decision Memorandum can Department via the Department’s
normal value by both Griset and KME be accessed directly on the Internet at electronic records system, ACCESS, the
France. Interested parties are invited to http://enforcement.trade.gov/frn/ document must be received successfully
comment on these preliminary results. index.html. A list of topics included in in its entirety by 5 p.m. Eastern Time on
DATES: Effective Date: December 1, 2015. the Preliminary Decision Memorandum the date on which it is due.
FOR FURTHER INFORMATION CONTACT: is included in Appendix I attached to The Department intends to issue the
Mark Flessner or Robert James, AD/CVD this notice. The signed Preliminary final results of this administrative
Operations, Office VI, Enforcement and Decision Memorandum and the review, including the results of its
Compliance, International Trade electronic versions of the Preliminary analysis of the issues raised in any
Administration, U.S. Department of Decision Memorandum are identical in written briefs, not later than 120 days
Commerce, 14th Street and Constitution content. after the date of publication of this
Avenue NW., Washington, DC 20230; notice, unless extended, pursuant to
telephone: (202) 482–6312 or (202) 482– Preliminary Results of Review section 751(a)(3)(A) of the Act.
0649, respectively. As a result of this review, we Assessment Rates
SUPPLEMENTARY INFORMATION: preliminarily determine that the
following weighted-average dumping Upon completion of the
Scope of the Order margins on brass sheet and strip from administrative review, the Department
The product covered by the orders is France exist for the period March 1, shall determine, and U.S. Customs and
brass sheet and strip, other than leaded 2014, through February 28, 2015, at the Border Protection (CBP) shall assess,
and tinned brass sheet and strip, from following rates: antidumping duties on all appropriate
France. The merchandise is currently entries covered by this review. For the
classified under Harmonized Tariff Estimated final results, if we continue to rely on
Schedule of the United States (HTSUS) weighted- adverse facts available to establish the
Producer or exporter average weighted-average dumping margins for
item numbers 7409.21.00 and dumping margin
7409.29.00. (Percent)
Griset and KME France, we will instruct
A full description of the scope of the U.S. Customs and Border Protection
order is contained in the Preliminary Griset SA .......................... 42.24 (CBP) to apply an ad valorem
Decision Memorandum.2 The written KME France SAS ............. 42.24 assessment rate of 42.24 percent to all
description is dispositive. entries of subject merchandise during
Disclosure and Public Comment the POR which were produced and/or
Methodology exported by Griset or KME France.
Pursuant to 19 CFR 351.309(c),
Because both Griset and KME France The Department clarified its
interested parties may submit case briefs
failed to respond to the Department’s ‘‘automatic assessment’’ regulation on
3 Because this was an AFA rate derived from the
May 6, 2003.7 This clarification will
1 See Antidumping Duty Order; Brass Sheet and petition in the investigation, the rate was not apply to entries of subject merchandise
Strip From France, 52 FR 6995 (March 6, 1987) (the subject to the Department’s so-called ‘‘zeroing’’ during the POR produced by the
Order). methodology. See Brass Sheet and Strip From respondent for which it did not know its
2 See memorandum from Christian Marsh, Deputy France, Italy, and Japan: Final Results of the
tkelley on DSK3SPTVN1PROD with NOTICES
Assistant Secretary for Antidumping and Expedited Third Sunset Reviews of the 4 See
Countervailing Duty Operations, to Paul Piquado, Antidumping Duty Orders, 76 FR 39849 (July 7, 19 CFR 351.309(d).
5 See 19 CFR 351.303 (for general filing
Assistant Secretary for Enforcement and 2011) and accompanying Issues and Decision
Compliance, entitled ‘‘Decision Memorandum for memorandum at 1–3 (‘‘History of the Orders’’ requirements).
6 See 19 CFR 351.310(c).
Preliminary Results of the 2014–2015 Antidumping section); see also the Order; see also Brass Sheet
Duty Administrative Review: Brass Sheet and Strip and Strip from France: Final Determination of Sales 7 See Antidumping and Countervailing Duty
from France’’ (Preliminary Decision Memorandum), at Less than Fair Value, 52 FR 812 (January 9, Proceedings: Assessment of Antidumping Duties, 68
dated concurrently with this notice. 1987). FR 23954 (May 6, 2003).
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![75056 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices
merchandise was destined for the occurred and the subsequent assessment final determinations in the less-than-
United States. In such instances, we will of doubled antidumping duties. fair-value (LTFV) investigations of
instruct CBP to liquidate un-reviewed welded line pipe from Korea and
Notification to Interested Parties
entries at the all-others rate if there is no Turkey.1 Pursuant to section 735(e) of
rate for the intermediate company We are issuing and publishing these the Act and 19 CFR 351.224(f), the
involved in the transaction.8 results in accordance with sections Department published its amended final
We intend to issue liquidation 751(a)(1) and 777(i)(1) of the Act. determination in the LTFV investigation
instructions to CBP 15 days after Dated: November 17, 2015. of welded line pipe from Korea on
publication of the final results of Paul Piquado, November 10, 2015.2 On November 20,
review. Assistant Secretary for Enforcement and 2015, the ITC notified the Department of
Compliance. its affirmative determinations that an
Cash Deposit Requirements industry in the United States is
The following deposit requirements Appendix materially injured within the meaning
will be effective upon publication of the List of Topics Discussed in the Preliminary of section 735(b)(1)(A)(i) of the Act, by
notice of final results of administrative Decision Memorandum reason of the LTFV imports of welded
review for all shipments of brass sheet A. Summary line pipe from Korea and Turkey.3
and strip from France entered, or B. Background Scope of the Orders
withdrawn from warehouse, for C. Scope of the Order
consumption on or after the date of D. Discussion of the Methodology The merchandise covered by these
publication as provided by section 1. Application of Facts Available and Use orders is circular welded carbon and
of Adverse Inference alloy steel (other than stainless steel)
751(a)(2) of the Act: (1) The cash deposit
a. Use of Facts Available pipe of a kind used for oil or gas
rate for Griset and KME France will be b. Application of Facts Available With an
equal to the weighted-average dumping pipelines (welded line pipe), not more
Adverse Inference
margin established in the final results of than 24 inches in nominal outside
c. Selection and Corroboration of
this administrative review except if the Information Used as Facts Available diameter, regardless of wall thickness,
rate is de minimis within the meaning E. Recommendation length, surface finish, end finish, or
of 19 CFR 351.106(c)(1), in which case stenciling. Welded line pipe is normally
[FR Doc. 2015–30500 Filed 11–30–15; 8:45 am]
the cash deposit rate will be zero; (2) for produced to the American Petroleum
BILLING CODE 3510–DS–P
merchandise exported by manufacturers Institute (API) specification 5L, but can
or exporters not covered in this review be produced to comparable foreign
but covered in a prior segment of the DEPARTMENT OF COMMERCE specifications, to proprietary grades, or
proceeding, the cash deposit rate will can be non-graded material. All pipe
continue to be the company-specific rate International Trade Administration meeting the physical description set
published for the most recently forth above, including multiple-
[A–580–876, A–489–822] stenciled pipe with an API or
completed segment of this proceeding in
which the manufacturer or exporter Welded Line Pipe From the Republic of comparable foreign specification line
participated; (3) if the exporter is not a Korea and the Republic of Turkey: pipe stencil is covered by the scope of
firm covered in this review, a prior Antidumping Duty Orders these orders.
review, or the original less-than-fair- The welded line pipe that is subject
value investigation but the manufacturer AGENCY: Enforcement and Compliance, to these orders is currently classifiable
is, the cash deposit rate will be the rate International Trade Administration, in the Harmonized Tariff Schedule of
established for the most recently Department of Commerce. the United States (HTSUS) under
completed segment of the proceeding SUMMARY: Based on affirmative final subheadings 7305.11.1030,
for the manufacturer of the determinations by the Department of 7305.11.5000, 7305.12.1030,
merchandise; (4) the cash deposit rate Commerce (the Department) and the 7305.12.5000, 7305.19.1030,
for all other manufacturers or exporters International Trade Commission (the 7305.19.5000, 7306.19.1010,
will continue to be 42.24 percent ad ITC), the Department is issuing 7306.19.1050, 7306.19.5110, and
valorem, the all-others rate established antidumping duty orders on welded line 7306.19.5150. The subject merchandise
in the less-than-fair-value pipe from the Republic of Korea (Korea) may also enter in HTSUS 7305.11.1060
investigation.9 These cash deposit and the Republic of Turkey (Turkey). and 7305.12.1060. While the HTSUS
requirements, when imposed, shall DATES: Effective Date: December 1, 2015. subheadings are provided for
remain in effect until further notice. FOR FURTHER INFORMATION CONTACT: Ross
1 See Welded Line Pipe From the Republic of
Belliveau (Korea) or David Crespo
Notifications to Importers Turkey: Final Determination of Sales at Less Than
(Turkey), AD/CVD Operations, Office II, Fair Value, 80 FR 61362 (October 13, 2015) (Turkey
This notice serves as a preliminary Enforcement and Compliance, Final Determination), and Welded Line Pipe From
reminder to importers of their International Trade Administration, the Republic of Korea: Final Determination of Sales
at Less Than Fair Value, 80 FR 61366 (October 13,
responsibility under 19 CFR U.S. Department of Commerce, 1401 2015).
351.402(f)(2) to file a certificate Constitution Avenue NW., Washington, 2 See Welded Line Pipe From the Republic of
regarding the reimbursement of DC 20230; telephone: (202) 482–4952 Korea: Amended Final Determination of Sales at
antidumping duties prior to liquidation and (202) 482–3693, respectively. Less Than Fair Value, 80 FR 69637 (November 10,
of the relevant entries during this 2015).
SUPPLEMENTARY INFORMATION: 3 See Letter to Christian Marsh, Deputy Assistant
tkelley on DSK3SPTVN1PROD with NOTICES
review period. Failure to comply with Secretary of Commerce for Enforcement and
this requirement could result in the Background
Compliance, from Meredith Broadbent, Chairman of
Secretary’s presumption that In accordance with sections 735(d) the U.S. International Trade Commission, regarding
reimbursement of antidumping duties and 777(i)(1) of the Tariff Act of 1930, certain welded line pipe from Korea and Turkey
(November 20, 2015). See also Certain Welded Line
as amended (the Act), and 19 CFR Pipe from Korea and Turkey, USITC Investigation
8 Id. 351.210(c), on October 13, 2015, the Nos. 701–TA–525 and 731–TA–1260–1261 (Final),
9 See the Order at 52 FR 6996. Department published its affirmative USITC Publication 4580 (November 2015).
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Document Created: 2018-03-02 09:10:24
Document Modified: 2018-03-02 09:10:24
| 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: December 1, 2015. | |
| Contact | Mark Flessner or Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6312 or (202) 482-0649, respectively. | |
| FR Citation | 80 FR 75055 |
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