[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
------------------------------------------------------------------------

    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