[Federal Register Volume 63, Number 179 (Wednesday, September 16, 1998)]
[Notices]
[Pages 49544-49546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24746]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-421-701]
Brass Sheet and Strip From the Netherlands: Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of antidumping duty administrative
review.
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SUMMARY: On May 11, 1998, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on brass sheet and strip from the Netherlands
(63 FR 75821). This review covers sales to the United States by one
manufacturer/exporter, Outokumpu Copper Strip B.V. (OBV), and its U.S.
affiliate, Outokumpu Copper (USA), Inc., of the subject
[[Page 49545]]
merchandise during the period of review (POR), August 1, 1996, through
July 31, 1997. We gave interested parties an opportunity to comment on
our preliminary results. We have not changed the results from those
presented in the preliminary results of review.
FOR FURTHER INFORMATION CONTACT: Karla Whalen or Lisette Lach, Office
of Antidumping/Countervailing Duty Enforcement, Group III, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C.
20230; telephone: (202) 482-1386 or (202) 482-6412, respectively.
EFFECTIVE DATE: September 16, 1998.
SUPPLEMENTARY INFORMATION:
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act) by the
Uruguay Round Agreements Act (URAA). In addition, unless otherwise
indicated, all citations to the Department's regulations are to the
regulations last codified at 19 CFR Part 351 (May 19, 1997).
Scope of This Review
Imports covered by this review are brass sheet and strip, other
than leaded and tin brass sheet and strip, from the Netherlands. The
chemical composition of the products under review is currently defined
in the Copper Development Association (CDA) 200 Series or the Unified
Numbering System (UNS) C20000 series. This review does not cover
products the chemical composition of which are defined by other CDA or
UNS series. The physical dimensions of the products covered by this
review are brass sheet and strip of solid rectangular cross section
over 0.006 inch (0.15 millimeter) through 0.188 inch (4.8 millimeters)
in gauge, regardless of width. Coiled, wound-on-reels (traverse-wound),
and cut-to-length products are included. The merchandise under review
is currently classifiable under items numbers 7409.21.00 and 7409.29.20
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 under review is
dispositive.
Background
On August 12, 1988, the Department published in the Federal
Register the antidumping duty order on brass sheet and strip (BSS) from
the Netherlands (53 FR 30455). On August 4, 1997, the Department
published the notice of ``Opportunity to Request Administrative
Review'' for the period August 1, 1996 through July 31, 1997 on BSS
from the Netherlands (62 FR 41925).
On August 29, 1997, in accordance with 19 FR 351.213(b), OBV filed
a letter requesting an administrative review of its sales in this
period of review. On September 25, 1997, we published in the Federal
Register a notice of initiation of this administrative review (62 FR
50292). On October 23, 1997, petitioners in this proceeding
1 entered a notice of appearance in this administrative
review. On May 11, 1998, the Department published in the Federal
Register the preliminary results of the administrative review (63 FR
25,821).
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\1\ Hussey Copper, Ltd.; The Miller Company; Olin Corporation;
Revere Copper Products, Inc.; International Association of
Machinists and Aerospace Workers; International Union, Allied
Industrial Workers of America (AFL-CIO); Mechanics Educational
Society of America (Local 56); and United Steelworkers of America
(AFL-CIO/CLC).
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On May 18, 1998, the petitioners requested that the Department
conduct a hearing on this administrative review. On June 10, 1998,
petitioners withdrew their request for a hearing in this case and thus
no hearing was held. On June 10, 1998, petitioners submitted their
comments on this review and on June 16, 1998, OBV submitted its
response to petitioners comments. The Department has now completed this
administrative review in accordance with section 751 of the Act.
Analysis of Comments Received
Comment: Anticipated Revocation Request
Petitioners claim that OBV's sales response in this review
indicates that OBV is likely to request a revocation of the order on
BSS in the near future. Petitioners base this claim on the small volume
of OBV's sales during this review at a non-dumping rate as compared to
the large volume of OBV's sales prior to the imposition of the
antidumping duty order. Petitioners state that during this review OBV
had sales of roughly 18,000 pounds in contrast to exports of brass
sheet and strip to the United States for the four calendar years
preceding imposition of the antidumping duty order on BSS which were
15.6 million pounds in 1984, 15.4 million pounds in 1985, 14.9 million
pounds in 1986, and 15.4 million pounds in 1987. Petitioners anticipate
that OBV could base a revocation request on a claim of the absence of
dumping on the small number of post-order sales. Petitioners go on to
cite a number of recent cases in which the Department declined to
revoke an order. Petitioners ask the Department to discuss how it would
view this review in regards to a future revocation request by OBV.
In response to this comment, OBV argues that petitioners comment is
irrelevant to this proceeding and should be disregarded by the
Department since no party to this review has requested revocation of
the order. Further, respondents claim that all the facts necessary to
examine such an issue are not on the record.
Department's Position: While the Department recognizes the
information provided by petitioner may be relevant to a revocation
determination under section 353.222, it is not relevant to the current
proceeding since no party to this order has requested a revocation of
the order on BSS. Petitioners have also stated that revocation is not
at issue in this proceeding.
Final Results of Review
As a result of this review, we have determined that the following
margin exists for the period August 1, 1996 through July 31, 1997:
------------------------------------------------------------------------
Weighted-
average
Producer/manufacturer/exporter margin
(percent)
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Outokumpu Copper Strip B.V. (OBV).......................... 0.00
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The Department shall determine, and the U.S. Customs Service shall
assess, antidumping duties on all appropriate entries. Individual
differences between United States price and foreign market value may
vary from the percentage stated above. The Department will issue
appraisement instructions directly to the U.S. Customs Service.
Furthermore, the following deposit requirements shall be effective upon
publication of this notice of final results of review for all shipments
of the subject merchandise from the Netherlands entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(1) of the Act: (1) the cash deposit
rates for OBV will be the rate as stated above; (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 period; (3) if the exporter is not a firm covered in this
review, or the original less-than-fair-value (LTFV) investigation, but
the
[[Page 49546]]
manufacturer is, the cash deposit rate will be the rate established for
the most recent period for the manufacturer of the merchandise; and (4)
if neither the exporter nor the manufacturer is a firm covered in this
review, the cash rate will be 16.99 percent, which was the ``all
others'' rate as established in the LTFV investigation. The deposit
requirements, when imposed, shall remain in effect until publication of
the final results of the next administrative review.
This notice serves as a final reminder to importers of their
responsibility under 19 CFR section 351.402(f) 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.
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305 2 of the Department's
regulations. Timely 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.
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\2\ See Antidumping and Countervailing Duty Proceedings:
Administrative Protective Order Procedures; Procedures for Imposing
Sanctions for Violation of a Protective Order (63 FR 24391, May 4,
1998).
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This administrative review and this notice are in accordance with
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1).
Dated: September 4, 1998.
Joseph Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 98-24746 Filed 9-15-98; 8:45 am]
BILLING CODE 3510-DS-P