81_FR_21381 81 FR 21312 - Brass Sheet and Strip From Germany: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2015

81 FR 21312 - Brass Sheet and Strip From Germany: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 69 (April 11, 2016)

Page Range21312-21314
FR Document2016-08231

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, 2014, through February 28, 2015.\2\ The review covers ten producers or exporters of subject merchandise.\3\ We preliminarily 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 preliminarily find that subject merchandise has been sold at less than normal value by seven of the companies subject to this review. \4\ Interested parties are invited to comment on these preliminary results. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 69 (Monday, April 11, 2016)
[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21312-21314]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08231]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-602]


Brass Sheet and Strip From Germany: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination of 
No Shipments; 2014-2015

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, 2014, through February 28, 2015.\2\ 
The review covers ten producers or exporters of subject merchandise.\3\ 
We preliminarily 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 preliminarily 
find that subject merchandise has been sold at less than normal value 
by seven of the companies subject to this review. \4\ Interested 
parties are invited to comment on these preliminary results.
---------------------------------------------------------------------------

    \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 are: 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 are: 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.

---------------------------------------------------------------------------
DATES: Effective Date: April 11, 2016.

FOR FURTHER INFORMATION CONTACT: George McMahon, 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.

SUPPLEMENTARY INFORMATION:

Background

    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement and Compliance, the Department has exercised its 
discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government. All deadlines in this segment of the 
proceeding have been extended by four business days. Accordingly, the 
revised deadline for the preliminary results of this review is now 
April 5, 2016.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum to the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement & Compliance, regarding 
``Tolling of Administrative Deadlines As a Result of the Government 
Closure During Snowstorm Jonas,'' dated January 27, 2016.
---------------------------------------------------------------------------

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 
``Decision Memorandum for Preliminary Results of the Antidumping 
Duty Administrative Review: Brass Sheet and Strip from Germany; 
2014-2015'' from Gary Taverman, Associate Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, dated concurrently with this notice (Preliminary 
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

[[Page 21313]]

examination in this review, and assigned to it a preliminary dumping 
margin of 55.60 percent. 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 
preliminarily 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.
    Additionally, as indicated in the ``Preliminary Results of Review'' 
section below, we preliminarily determine that a margin of 22.61 
percent applies to the six firms not selected for individual review, 
i.e., an average of the range of certain dumping margins contained in 
the underlying Petition.\7\ For further information, see the 
Preliminary Decision Memorandum at ``Rate for Non-Examined Companies.''
---------------------------------------------------------------------------

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

    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
included in the Preliminary Decision Memorandum is included in the 
Appendix attached to 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.

Preliminary 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 preliminarily determine that these companies had no 
shipments of the subject merchandise, and, therefore, no reviewable 
transactions, during the POR. For a full discussion of this 
determination, see the Preliminary Decision Memorandum.

Preliminary Results of Review

    As a result of our review, we preliminarily determine that the 
following dumping margins on brass sheet and strip from Germany exist 
for the period March 1, 2014, through February 28, 2015, at the 
following rates:

------------------------------------------------------------------------
            Producer and/or Exporter                 Margin (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
------------------------------------------------------------------------

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.\8\ 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.\9\ Interested parties who wish to comment on the 
preliminary results must file briefs electronically using ACCESS.\10\ 
An electronically-filed document must be received successfully in its 
entirety in ACCESS, by 5 p.m. Eastern Time (ET) on the date the 
document is due.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(d).
    \9\ See 19 CFR 351.303 (for general filing requirements).
    \10\ Id.
---------------------------------------------------------------------------

    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. ET within 30 days after the date of publication of this notice. 
Requests should contain: (1) The party's name, address and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs.
    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of the 
issues raised in any written briefs, not later than 120 days after the 
date of publication of this notice, pursuant to section 751(a)(3)(A) of 
the Act.

Assessment Rates

    Upon issuance of the final results, the Department shall determine, 
and 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 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.
    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 Germany entered, or 
withdrawn from warehouse, for consumption on or after the date of

[[Page 21314]]

publication, as provided by section 751(a)(2) of the Act: (1) The cash 
deposit rates for the reviewed companies will be the rates 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 7.30 percent.\11\ These deposit requirements, when imposed, 
shall remain in effect until further notice.
---------------------------------------------------------------------------

    \11\ See Preliminary Decision Memorandum for additional details.
---------------------------------------------------------------------------

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

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act.

    Dated: April 6, 2016.
Ronald K. Lorentzen,
Acting 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. Selection of Respondents
    2. No Shipment Claims by Schwermetall, ThyssenKrupp, and Wieland
    3. 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
    4. Rate for Companies Not Selected for Individual Examination
E. Recommendation

[FR Doc. 2016-08231 Filed 4-8-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  21312                          Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices

                                                  collections by means of, but not limited                Follow the instructions to view                       Interested parties are invited to
                                                  to, focus groups, reply cards that                      Department of Commerce collections                    comment on these preliminary results.
                                                  accompany product distributions, and                    currently under review by OMB.                        DATES: Effective Date: April 11, 2016.
                                                  Web-based surveys and dialogue boxes                      Written comments and                                FOR FURTHER INFORMATION CONTACT:
                                                  that offer customers an opportunity to                  recommendations for the proposed                      George McMahon, AD/CVD Operations,
                                                  express their views on the programs                     information collection should be sent                 Office III, Enforcement and Compliance,
                                                  they are asked to evaluate. NIST will                   within 30 days of publication of this                 International Trade Administration,
                                                  limit its inquires to data collections that             notice to OIRA_Submission@                            U.S. Department of Commerce, 14th
                                                  solicit strictly voluntary opinions and                 omb.eop.gov or fax to (202)395–5806.                  Street and Constitution Avenue NW,
                                                  will not collect information that is                      Dated: April 6, 2016.                               Washington, DC 20230; telephone: (202)
                                                  required or regulated. Steps will be                    Glenna Mickelson,                                     482–1167.
                                                  taken to assure anonymity covered                                                                             SUPPLEMENTARY INFORMATION:
                                                                                                          Management Analyst, Office of the Chief
                                                  under this request.                                     Information Officer.
                                                    Affected Public: Business or other for                                                                      Background
                                                                                                          [FR Doc. 2016–08203 Filed 4–8–16; 8:45 am]
                                                  profit organizations, not-for-profit                                                                             As explained in the memorandum
                                                                                                          BILLING CODE 3510–07–P
                                                  institutions, individuals or households,                                                                      from the Acting Assistant Secretary for
                                                  Federal government, State, Local or                                                                           Enforcement and Compliance, the
                                                  Tribal Government.                                                                                            Department has exercised its discretion
                                                    Frequency: On occasion.                               DEPARTMENT OF COMMERCE
                                                                                                                                                                to toll all administrative deadlines due
                                                    Respondent’s Obligation: Voluntary.                   International Trade Administration                    to the recent closure of the Federal
                                                    This information collection request
                                                                                                                                                                Government. All deadlines in this
                                                  may be viewed at reginfo.gov. Follow                    [A–428–602]
                                                                                                                                                                segment of the proceeding have been
                                                  the instructions to view Department of
                                                                                                          Brass Sheet and Strip From Germany:                   extended by four business days.
                                                  Commerce collections currently under
                                                                                                          Preliminary Results of Antidumping                    Accordingly, the revised deadline for
                                                  review by OMB. Written comments and
                                                                                                          Duty Administrative Review and                        the preliminary results of this review is
                                                  recommendations for the proposed
                                                                                                          Preliminary Determination of No                       now April 5, 2016.5
                                                  information collection should be sent
                                                  within 30 days of publication of this                   Shipments; 2014–2015                                  Scope of the Order
                                                  notice to OIRA_Submission@                              AGENCY:  Enforcement and Compliance,                     The merchandise subject to the
                                                  omb.eop.gov or fax to (202) 395–5806.                   International Trade Administration,                   antidumping duty order is brass sheet
                                                    Dated: April 6, 2016.                                 Department of Commerce.                               and strip, other than leaded brass and
                                                  Glenna Mickelson,                                       SUMMARY: In response to a request from                tin brass sheet and strip, from Germany,
                                                  Management Analyst, Office of the Chief                 Petitioners1, the Department of                       which is currently classified under
                                                  Information Officer.                                    Commerce (the Department) is                          subheading 7409.21.00.50,
                                                  [FR Doc. 2016–08214 Filed 4–8–16; 8:45 am]              conducting an administrative review of                7409.21.00.75, 7409.21.00.90,
                                                  BILLING CODE 3510–13–P                                  the antidumping duty order on brass                   7409.29.00.50, 7409.29.00.75, and
                                                                                                          sheet and strip from Germany. The                     7409.29.00.90 of the Harmonized Tariff
                                                                                                          period of review (POR) is March 1,                    Schedule of the United States (HTSUS).
                                                  DEPARTMENT OF COMMERCE                                  2014, through February 28, 2015.2 The                 Although the HTSUS subheadings are
                                                                                                          review covers ten producers or                        provided for convenience and customs
                                                  Submission for OMB Review;                              exporters of subject merchandise.3 We                 purposes, the written description of the
                                                  Comment Request                                         preliminarily find that three of the                  merchandise subject to the order is
                                                    The Department of Commerce will                       producers or exporters for which the                  dispositive.6
                                                  submit to the Office of Management and                  Department initiated a review,
                                                                                                                                                                Methodology
                                                  Budget (OMB) for clearance the                          Schwermetall, ThyssenKrupp, and
                                                                                                          Wieland, had no shipments during the                    In accordance with sections 776(a)
                                                  following proposal for collection of
                                                                                                          POR. Further, we preliminarily find that              and (b) of the Tariff Act of 1930, as
                                                  information under the provisions of the
                                                                                                          subject merchandise has been sold at                  amended (the Act), we relied on facts
                                                  Paperwork Reduction Act (44 U.S.C.
                                                                                                          less than normal value by seven of the                available with an adverse inference with
                                                  chapter 35).
                                                    Agency: U.S. Census Bureau.                           companies subject to this review. 4                   respect to Messingwerk, the sole
                                                    Title: Census Employment Inquiry.                                                                           company selected for individual
                                                                                                            1 The Petitioners are GBC Metals, LLC of Global
                                                    OMB Control Number: 0607–0139.
                                                    Form Number(s): BC–170A, BC–170B,                     Brass and Copper, Inc., dba Olin Brass, Heyco         Mansfelder Kupfer & Messing GmbH, Schlenk
                                                                                                          Metals, Inc., Aurubis Buffalo, Inc. PMX Industries,   Metallfolien GmbH & Co. KG, and Sundwiger
                                                  and BC–170D.                                            Inc. and Revere Copper Products, Inc.                 Messingwerke GmbH & Co. KG.
                                                    Type of Request: Regular submission.                    2 See Initiation of Antidumping and                   5 See Memorandum to the Record from Ron
                                                    Number of Respondents: 70,000.                        Countervailing Duty Administrative Reviews and        Lorentzen, Acting Assistant Secretary for
                                                    Average Hours per Response: 15 min.                   Request for Revocation in Part, 79 FR 24398 (April    Enforcement & Compliance, regarding ‘‘Tolling of
                                                    Burden Hours: 17,500.                                 30, 2014) (Initiation).                               Administrative Deadlines As a Result of the
                                                    Needs and Uses: Application for                         3 The ten producers or exporters are: Aurubis       Government Closure During Snowstorm Jonas,’’
                                                  benefits                                                Stolberg GmbH & Co. KG, Carl Schreiber GmbH,          dated January 27, 2016.
                                                                                                          KME Germany AG & Co. KG, Messingwerk                    6 For a full description of the scope of the order,
                                                    Affected Public: Individuals or                       Plettenberg Herfeld GmbH & Co. KG (Messingwerk),      see the ‘‘Decision Memorandum for Preliminary
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  households.                                             MKM Mansfelder Kupfer & Messing GmbH, Schlenk         Results of the Antidumping Duty Administrative
                                                    Frequency: One time.                                  Metallfolien GmbH & Co. KG, Schwermetall              Review: Brass Sheet and Strip from Germany; 2014–
                                                    Respondent’s Obligation: Required to                  Halbzeugwerk GmbH & Co. KG (Schwermetall),            2015’’ from Gary Taverman, Associate Deputy
                                                  obtain or retain benefits.                              Sundwiger Messingwerke GmbH & Co. KG,                 Assistant Secretary for Antidumping and
                                                                                                          ThyssenKrupp VDM GmbH (ThyssenKrupp), and             Countervailing Duty Operations, to Ronald K.
                                                    Legal Authority: Title 13 U.S.C.                      Wieland-Werke AG (Wieland).                           Lorentzen, Acting Assistant Secretary for
                                                  Section 23 a and c.                                       4 The seven companies are: Aurubis Stolberg         Enforcement and Compliance, dated concurrently
                                                    This information collection request                   GmbH & Co. KG, Carl Schreiber GmbH, KME               with this notice (Preliminary Decision
                                                  may be viewed at www.reginfo.gov.                       Germany AG & Co. KG, Messingwerk, MKM                 Memorandum).



                                             VerDate Sep<11>2014   18:37 Apr 08, 2016   Jkt 238001   PO 00000   Frm 00004   Fmt 4703   Sfmt 4703   E:\FR\FM\11APN1.SGM   11APN1


                                                                                           Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices                                                                              21313

                                                  examination in this review, and                                         certain dumping margins contained in                                     A list of the topics discussed in the
                                                  assigned to it a preliminary dumping                                    the underlying Petition.7 For further                                    Preliminary Decision Memorandum is
                                                  margin of 55.60 percent. In making                                      information, see the Preliminary                                         attached as an Appendix to this notice.
                                                  these findings, we relied on facts                                      Decision Memorandum at ‘‘Rate for
                                                  available because Messingwerk failed to                                 Non-Examined Companies.’’                                                Preliminary Determination of No
                                                  respond to the Department’s                                                For a full description of the                                         Shipments
                                                  antidumping duty questionnaire, and                                     methodology underlying our
                                                                                                                                                                                                     Based on our analysis of U.S. Customs
                                                  thus withheld requested information,                                    conclusions, see the Preliminary
                                                                                                                                                                                                   and Border Protection (CBP)
                                                  failed to provide requested information                                 Decision Memorandum. A list of topics
                                                                                                                                                                                                   information and information provided
                                                  by the established deadlines, and                                       included in the Preliminary Decision
                                                                                                                                                                                                   by Schwermetall, ThyssenKrupp, and
                                                  significantly impeded this proceeding.                                  Memorandum is included in the
                                                                                                                                                                                                   Wieland, we preliminarily determine
                                                  See sections 776(a)(1) and (2)(A)-(C) of                                Appendix attached to this notice.
                                                                                                                             The Preliminary Decision                                              that these companies had no shipments
                                                  the Act. Furthermore, because we
                                                                                                                          Memorandum is a public document and                                      of the subject merchandise, and,
                                                  preliminarily determine that
                                                                                                                          is on file electronically via Enforcement                                therefore, no reviewable transactions,
                                                  Messingwerk failed to cooperate by not
                                                  acting to the best of its ability to comply                             and Compliance’s Antidumping and                                         during the POR. For a full discussion of
                                                  with the Department’s requests for                                      Countervailing Duty Centralized                                          this determination, see the Preliminary
                                                  information, we drew an adverse                                         Electronic Service System (ACCESS).                                      Decision Memorandum.
                                                  inference in selecting from among the                                   ACCESS is available to registered users                                  Preliminary Results of Review
                                                  facts otherwise available. See section                                  at http://access.trade.gov and to all
                                                  776(b) of the Act.                                                      parties in the Central Records Unit,                                       As a result of our review, we
                                                     Additionally, as indicated in the                                    room B8024 of the main Department of                                     preliminarily determine that the
                                                  ‘‘Preliminary Results of Review’’ section                               Commerce building. In addition, a                                        following dumping margins on brass
                                                  below, we preliminarily determine that                                  complete version of the Preliminary                                      sheet and strip from Germany exist for
                                                  a margin of 22.61 percent applies to the                                Decision Memorandum can be accessed                                      the period March 1, 2014, through
                                                  six firms not selected for individual                                   directly on the Internet at: http://                                     February 28, 2015, at the following
                                                  review, i.e., an average of the range of                                enforcement.trade.gov/frn/index.html.                                    rates:

                                                                                                                      Producer and/or Exporter                                                                                     Margin (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



                                                  Disclosure and Public Comment                                           Enforcement and Compliance, filed                                        review. If the preliminary results are
                                                                                                                          electronically via ACCESS. An                                            unchanged for the final results we will
                                                     Pursuant to 19 CFR 351.309(c),
                                                                                                                          electronically filed document must be                                    instruct CBP to apply an ad valorem
                                                  interested parties may submit case briefs
                                                                                                                          received successfully in its entirety in                                 assessment rate of 55.60 percent to all
                                                  not later than 30 days after the date of
                                                                                                                          ACCESS by 5 p.m. ET within 30 days                                       entries of subject merchandise during
                                                  publication of this notice. Rebuttal
                                                                                                                          after the date of publication of this                                    the POR which were produced and/or
                                                  briefs, limited to issues raised in the                                 notice. Requests should contain: (1) The                                 exported by Messingwerk, and an ad
                                                  case briefs, may be filed not later than                                party’s name, address and telephone                                      valorem assessment rate of 22.61
                                                  five days after the date for filing case                                number; (2) the number of participants;                                  percent to all entries of subject
                                                  briefs.8 Parties who submit case briefs or                              and (3) a list of issues to be discussed.                                merchandise during the POR which
                                                  rebuttal briefs in this proceeding are                                  Issues raised in the hearing will be                                     were produced and/or exported by the
                                                  encouraged to submit with each                                          limited to those raised in the respective                                six aforementioned companies which
                                                  argument: (1) A statement of the issue;                                 case briefs.                                                             were not selected for individual
                                                  (2) a brief summary of the argument;                                       The Department intends to issue the                                   examination.
                                                  and (3) a table of authorities.9 Interested                             final results of this administrative                                       We intend to issue liquidation
                                                  parties who wish to comment on the                                      review, including the results of its                                     instructions to CBP 15 days after
                                                  preliminary results must file briefs                                    analysis of the issues raised in any                                     publication of the final results of
                                                  electronically using ACCESS.10 An                                       written briefs, not later than 120 days                                  review.
                                                  electronically-filed document must be                                   after the date of publication of this
                                                  received successfully in its entirety in                                                                                                         Cash Deposit Requirements
                                                                                                                          notice, pursuant to section 751(a)(3)(A)
                                                  ACCESS, by 5 p.m. Eastern Time (ET)                                     of the Act.                                                                The following deposit requirements
                                                  on the date the document is due.                                                                                                                 will be effective upon publication of the
                                                     Pursuant to 19 CFR 351.310(c),                                       Assessment Rates                                                         notice of final results of administrative
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                                                  interested parties who wish to request a                                  Upon issuance of the final results, the                                review for all shipments of brass sheet
                                                  hearing, or to participate if one is                                    Department shall determine, and CBP                                      and strip from Germany entered, or
                                                  requested, must submit a written                                        shall assess, antidumping duties on all                                  withdrawn from warehouse, for
                                                  request to the Assistant Secretary for                                  appropriate entries covered by this                                      consumption on or after the date of
                                                    7 See Brass Sheet and Strip From The Federal                             8 See
                                                                                                                                 19 CFR 351.309(d).                                                   10 Id.

                                                  Republic of Germany; Initiation of Antidumping                             9 See
                                                                                                                                 19 CFR 351.303 (for general filing
                                                  Duty Investigation, 51 FR 11774 (April 7, 1986).                        requirements).



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                                                  21314                          Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Notices

                                                  publication, as provided by section                       4. Rate for Companies Not Selected for                On January 19, 2016, JBF and
                                                  751(a)(2) of the Act: (1) The cash deposit                   Individual Examination                             Petitioners timely filed rebuttal briefs.3
                                                  rates for the reviewed companies will be                E. Recommendation
                                                                                                                                                                  Period of Review
                                                  the rates established in the final results              [FR Doc. 2016–08231 Filed 4–8–16; 8:45 am]
                                                  of this review; (2) for merchandise                     BILLING CODE 3510–DS–P                                    The period of review is November 1,
                                                  exported by manufacturers or exporters                                                                          2013 through October 31, 2014.
                                                  not covered in this review but covered                                                                          Scope of the Order
                                                  in a prior segment of the proceeding, the               DEPARTMENT OF COMMERCE
                                                  cash deposit rate will continue to be the                                                                          The products covered by the order are
                                                  company-specific rate published for the                 International Trade Administration                      all gauges of raw, pre-treated, or primed
                                                  most recently completed segment of this                                                                         polyethylene terephthalate film (PET
                                                                                                          [A–520–803]                                             Film), whether extruded or co-extruded.
                                                  proceeding; (3) if the exporter is not a
                                                  firm covered in this review, a prior                                                                            Excluded are metallized films and other
                                                                                                          Polyethylene Terephthalate Film,
                                                  review, or the less-than-fair-value                                                                             finished films that have had at least one
                                                                                                          Sheet, and Strip From the United Arab
                                                  investigation but the manufacturer is,                                                                          of their surfaces modified by the
                                                                                                          Emirates: Final Results of
                                                  the cash deposit rate will be the rate                                                                          application of a performance-enhancing
                                                                                                          Antidumping Duty Administrative
                                                  established for the most recently                                                                               resinous or inorganic layer more than
                                                                                                          Review; 2013–2014
                                                  completed segment of this proceeding                                                                            0.00001 inches thick. Also excluded is
                                                  for the manufacturer of the                             AGENCY:  Enforcement and Compliance,                    roller transport cleaning film which has
                                                  merchandise; (4) if neither the exporter                International Trade Administration,                     at least one of its surfaces modified by
                                                  nor the manufacturer has its own rate,                  Department of Commerce.                                 application of 0.5 micrometers of SBR
                                                  the cash deposit rate will be 7.30                      SUMMARY: On December 1, 2015, the                       latex. Tracing and drafting film is also
                                                  percent.11 These deposit requirements,                  Department of Commerce (the                             excluded. PET Film is classifiable under
                                                  when imposed, shall remain in effect                    Department) published the preliminary                   subheading 3920.62.00.90 of the
                                                  until further notice.                                   results of administrative review of the                 Harmonized Tariff Schedule of the
                                                                                                          antidumping duty order on                               United States (HTSUS). While HTSUS
                                                  Notifications to Importers                              polyethylene terephthalate film (PET                    subheadings are provided for
                                                    This notice serves as a preliminary                   Film) from the United Arab Emirates                     convenience and customs purposes, our
                                                  reminder to importers of their                          (UAE).1 This review covers one                          written description of the scope of the
                                                  responsibility under 19 CFR                             producer/exporter of subject                            order is dispositive.
                                                  351.402(f)(2) to file a certificate                     merchandise, JBF RAK LLC (JBF). Based                   Analysis of Comments Received
                                                  regarding the reimbursement of                          on our analysis of the comments and
                                                                                                          information received, we made changes                      All issues raised by parties in the case
                                                  antidumping duties prior to liquidation                                                                         and rebuttal briefs are addressed in the
                                                  of the relevant entries during this                     to the Preliminary Results, which are
                                                                                                          discussed below. The final weighted-                    Memorandum to Ronald Lorentzen,
                                                  review period. Failure to comply with                                                                           Acting Assistant Secretary for
                                                  this requirement could result in the                    average dumping margin is listed below
                                                                                                          in the section titled ‘‘Final Results of                Enforcement and Compliance, from
                                                  Secretary’s presumption that                                                                                    Christian Marsh, Deputy Assistant
                                                  reimbursement of antidumping duties                     Review.’’
                                                                                                                                                                  Secretary for Antidumping and
                                                  occurred and the subsequent assessment                  DATES: Effective Date: April 11, 2016
                                                                                                                                                                  Countervailing Duty Operations,
                                                  of doubled antidumping duties.                          FOR FURTHER INFORMATION CONTACT:                        ‘‘Antidumping Duty Administrative
                                                  Notification to Interested Parties                      Andrew Huston, AD/CVD Operations,                       Review of Polyethylene Terephthalate
                                                                                                          Office VII, Enforcement and                             Film, Sheet, and Strip from the United
                                                    This notice is issued and published in                Compliance, International Trade                         Arab Emirates: Issues and Decision
                                                  accordance with sections 751(a)(1) and                  Administration, U.S. Department of                      Memorandum for the Final Results’’
                                                  777(i)(1) of the Act.                                   Commerce, 14th Street and Constitution                  (Decision Memorandum), dated
                                                    Dated: April 6, 2016.                                 Avenue NW., Washington, DC 20230;                       concurrently with, and hereby adopted
                                                  Ronald K. Lorentzen,                                    telephone: (202) 482–4261.                              by, this notice. A list of the issues
                                                  Acting Assistant Secretary for Enforcement              SUPPLEMENTARY INFORMATION:                              addressed in the Decision Memorandum
                                                  and Compliance.                                         Background                                              is appended to this notice. The Decision
                                                                                                                                                                  Memorandum is a public document and
                                                  Appendix                                                  On December 1, 2015, the Department                   is available electronically via
                                                  List of Topics Discussed in the Preliminary             published the Preliminary Results. On                   Enforcement and Compliance’s
                                                  Decision Memorandum                                     January 11, 2016, the Department                        Antidumping and Countervailing Duty
                                                  A. Summary                                              received timely-filed case briefs from                  Centralized Electronic Services System
                                                  B. Background                                           JBF and DuPont Teijin Films,                            (ACCESS). ACCESS is available to
                                                  C. Scope of the Order                                   Mitsubishi Polyester Film, Inc., and                    registered users at http://
                                                  D. Discussion of the Methodology                        SKC, Inc., (collectively, Petitioners).2                access.trade.gov, and it is available to
                                                    1. Selection of Respondents                                                                                   all parties in the Central Records Unit
                                                    2. No Shipment Claims by Schwermetall,                  1 See Polyethylene Terephthalate Film, Sheet, and
                                                                                                                                                                  of the main Commerce Building, room
                                                       ThyssenKrupp, and Wieland                          Strip from the United Arab Emirates: Preliminary
                                                    3. Use of Facts Otherwise Available                   Results of Antidumping Duty Administrative
                                                                                                                                                                  B–8024. In addition, a complete version
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                                                    a. Use of Facts Available                             Review; 2013–2014, 80 FR 75052 (December 1,             of the Decision Memorandum is also
                                                    b. Application of Facts Available With an             2015) (Preliminary Results).
                                                                                                            2 See ‘‘Polyethylene Terephthalate (PET) Film,          3 See ‘‘Polyethylene Terephthalate (PET) Film,
                                                       Adverse Inference
                                                    c. Selection and Corroboration of                     Sheet and Strip from the United Arab Emirates (A–       Sheet and Strip from the United Arab Emirates (A–
                                                       Information Used As Facts Available                520–803); Case Brief of JBF RAK, LLC’’ dated            520–803); Rebuttal Brief of JBF RAK, LLC’’ dated
                                                                                                          January 11, 2016 and ‘‘Polyethylene Terephthalate       January 19, 2016 and Polyethylene Terephthalate
                                                                                                          (PET) Film, Sheet, and Strip from the United Arab       (PET) Film, Sheet, and Strip from the United Arab
                                                    11 See Preliminary Decision Memorandum for            Emirates: Petitioners’ Case Brief’’ dated January 11,   Emirates: Petitioners’ Rebuttal Brief’’ dated January
                                                  additional details.                                     2016.                                                   19, 2016.



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Document Created: 2016-04-09 00:11:02
Document Modified: 2016-04-09 00:11:02
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
ContactGeorge McMahon, 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.
FR Citation81 FR 21312 

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