[Federal Register Volume 75, Number 208 (Thursday, October 28, 2010)]
[Notices]
[Pages 66347-66349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27295]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-602]
Brass Sheet and Strip From Germany: Amended Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: On October 12, 2010, the Deputy Assistant Secretary of the
U.S. Department of Commerce (the Department) signed the final results
of the administrative review of the antidumping duty order on brass
sheet and strip (BSS) from Germany for the period of review (POR) March
1, 2008, through February 28, 2009. In preparing documentation for the
release to the interested parties, we noted that we had inadvertently
referred to business proprietary information (BPI) in explaining the
Department's position for certain comments discussed in the Issues and
Decision Memorandum accompanying the final results of the instant
review. This error was discovered prior to publication in the Federal
Register; therefore, the Department did not publish the original notice
or place the Issues and Decision memorandum on the Import
Administration Web site. In order to ensure that such BPI is not
inappropriately released to any party, we have amended the accompanying
Issues and Decision memorandum to remove BPI. The original Department's
position containing the BPI information for Comments 1 and 5 are
included as BPI in the Cost and Sales Calculation Memorandum for
reference.\1\ There was no substantive change to the Department's
positions associated with this change. The original signed notice of
final results of the instant review was public in its entirety. We have
adopted the entire original notice below correcting only the citation
to the Issues
[[Page 66348]]
and Decision Memorandum. This notice is being published in place of the
original.
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\1\ See Memorandum from Ernest Gziryan through Taija Slaughter
to Neal Halper, titled ``Cost of Production and Constructed Value
Calculation Adjustments for the Final Results--Wieland-Werke AG,''
dated October 12, 2010; see also Memorandum from Dennis McClure
through James Terpstra to The File, titled ``Sales Analysis
Memorandum for the Final Results--Wieland-Werke AG,'' dated October
12, 2010 (``Cost and Sales Calculation Memorandum'').
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On April 13, 2010, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on brass sheet and strip (BSS) from Germany for
the period of review (POR) March 1, 2008, through February 28, 2009.
See Brass Sheet and Strip from Germany: Preliminary Results of
Antidumping Duty Administrative Review, 75 FR 18801 (April 13, 2010)
(Preliminary Results). We gave the interested parties an opportunity to
comment on the Preliminary Results. Based on our analysis of the
comments received, we have made changes to the margin calculation. The
final weighted-average dumping margin for Wieland-Werke AG (Wieland) is
in the section entitled ``Final Results of Review.''
DATES: Effective Date: October 28, 2010
FOR FURTHER INFORMATION CONTACT: Dennis McClure or George McMahon, AD/
CVD Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington DC 20230; telephone: (202) 482-
5973 or (202) 482-1167, respectively.
SUPPLEMENTARY INFORMATION
Background
On May 17, 2010, the Department published the postponement of the
final results. See Brass Sheet and Strip from Germany: Extension of
Time Limit for the Final Results of Antidumping Duty Administrative
Review, 75 FR 27538 (May 17, 2010). The Department held its sales
verification at Wieland from April 12, 2010, through April 14, 2010. We
issued the sales verification report on June 10, 2010. The cost
verification was held from July 5, 2010, through July 9, 2010. We
issued the cost verification report on July 22, 2010.
We invited parties to comment on the Preliminary Results. We
received a case brief from Wieland on July 30, 2010, and the
petitioners \2\ submitted a revised case brief on August 6, 2010, based
on a request to not include new information from the Department.
Rebuttal briefs were submitted on August 9, 2010, by Wieland and the
petitioners.
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\2\ The petitioners include GBC Metals, LLC of Global Brass and
Copper, Inc., doing business as Olin Brass, Heyco Metals, Inc.,
Luvata Buffalo, Inc., PMX Industries, Inc., and Revere Copper
Products, Inc.
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Scope of the Order
The scope of this order covers shipments of brass sheet and strip,
other than leaded and tinned, from Germany. The chemical composition of
the covered products is currently defined in the Copper Development
Association (C.D.A.) 200 Series or the Unified Numbering System
(U.N.S.) C2000; this review does not cover products the chemical
compositions of which are defined by other C.D.A. or U.N.S. series. In
physical dimensions, the products covered by this review have a solid
rectangular cross section over 0.006 inches (0.15 millimeters) through
0.188 inches (4.8 millimeters) in finished thickness or gauge,
regardless of width. Coiled, wound-on-reels (traverse wound), and cut-
to-length products are included. The merchandise is currently
classified under Harmonized Tariff Schedule of the United States
(HTSUS) item numbers 7409.21.00 and 7409.29.00. Although the HTSUS item
numbers are provided for convenience and customs purposes, the
Department's written description of the scope of this order remains
dispositive.
Analysis of Comments Received
All issues raised in the case briefs are addressed in the ``Amended
Issues and Decision Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty Order on Brass Sheet and
Strip from Germany'' (Amended Issues and Decision Memorandum), which is
dated concurrently with and hereby adopted by this notice. A list of
the issues which parties raised and to which we responded in the
Amended Issues and Decision Memorandum is attached to this notice as an
Appendix. The Amended Issues and Decision Memorandum is a public
document which is on file in the CRU, and is accessible on the web at
http://www.ia.ita.doc.gov/frn. The paper copy and electronic version of
the memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we made the
following changes in calculating the dumping margin for the final
results: (1) We adjusted the reported fabrication costs and G&A
expenses; (2) we used Wieland's day-specific metal costs to calculate
the cost of production for the sales-below-cost test and the
calculation of the constructed value; (3) we revised the cost recovery
test to exclude the cost of other materials from the calculation of the
quarterly indexed metal costs and calculated the POR-average cost of
other materials; (4) we modified our price-to-price comparisons to
ensure that all comparisons had the same metal fix date (if there were
no matches, we used constructed value); and (5) we removed the trial
sales in the comparison market from our analysis. See Amended Issues
and Decision Memorandum at Comments 1, 2, 4, 5, and 6. For further
details on how the cost changes above were applied in the calculation,
see ``Memorandum to Neal M. Halper from Ernest Z. Gziryan, Cost of
Production and Constructed Value Calculation Adjustments for the Final
Results--Wieland-Werke AG dated October 12, 2010.''
Final Results of Review
We determined that the following weighted-average dumping margin
exists for Wieland for the period March 1, 2008 through February 28,
2009.
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Margin
Manufacturer/exporter (percent)
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Wieland-Werke AG.......................................... 0.00
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Assessment Rate
Pursuant to 19 CFR 351.212(b), the Department calculated an
assessment rate for each importer of the subject merchandise. Upon
issuance of the final results of this administrative review, if any
importer-specific assessment rates calculated in the final results are
above de minimis (i.e., at or above 0.5 percent), the Department will
issue appraisement instructions directly to CBP to assess antidumping
duties on appropriate entries by applying the assessment rate to the
entered value of the merchandise. For assessment purposes, we
calculated importer-specific assessment rates for the subject
merchandise by aggregating the dumping margins for all U.S. sales to
each importer and dividing the amount by the total entered value of the
sales to that importer. Where appropriate, to calculate the entered
value, we subtracted international movement expenses (e.g.,
international freight) from the gross sales value.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003 (68 FR 23954). This clarification will apply to entries of
subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed companies did not
know their merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction. For a full discussion of this
clarification, see
[[Page 66349]]
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
Cash Deposit Requirements
To calculate the cash deposit rate for Wieland, we divided its
total dumping margin by the total net value of its sales during the
review period. The following deposit rates will be effective upon
publication of the final results of this administrative review for all
shipments of BSS from Germany entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for companies
subject to this review will be the rate established in the final
results of this review, except if the rate is less than 0.5 percent
and, therefore, de minimis, no cash deposit will be required; (2) for
previously reviewed or investigated companies not listed above, the
cash deposit rate will continue to be the company-specific rate
published for the most recent final results for a review in which that
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 (LTFV) investigation, but the manufacturer is, the cash
deposit rate will be the rate established for the most recent final
results for the manufacturer of the merchandise; and (4) if neither the
exporter nor the manufacturer is a firm covered in this or any previous
review conducted by the Department, the cash deposit rate will be 7.30
percent, the all-others rate established in the LTFV investigation. See
Antidumping Duty Order: Brass Sheet and Strip from the Federal Republic
of Germany, 52 FR 6997 (March 6, 1987), amended at 52 FR 35750
(September 23, 1987). These cash deposit requirements, when imposed,
shall remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping 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 double antidumping duties.
Notification to Interested Parties
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
These final results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 21, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix: Comments in the Amended Issues and Decision Memorandum
Comment 1: Whether To Use Wieland's Daily Metal Costs for Purposes
of Computing Costs of Production for the Sales Below Cost Test
Comment 2: Whether the Department's Quarterly Indexed Cost
Methodology Meets the Requirements of the Statute's Cost Recovery
Test
Comment 3: Whether To Revise Wieland's General and Administrative
(G&A) Expense Ratio
Comment 4: Whether To Make Other Adjustments to the OTHMAT Costs,
Fabrication Costs and General and Administrative Expenses
Comment 5: Whether the Department Should Adjust for Fluctuations in
Metal Price in its Comparison of Export Price to Normal Value
Comment 6: Whether the Department Should Exclude Samples and Trial
Shipments From its Antidumping Analysis
Comment 7: Whether Facts Available Should Be Applied
Comment 8: Whether Wieland's U.S. Sale is Bona Fide
Comment 9: Whether To Make a Finding of Reimbursement of Antidumping
Duties
[FR Doc. 2010-27295 Filed 10-27-10; 8:45 am]
BILLING CODE 3510-DS-P