[Federal Register Volume 64, Number 20 (Monday, February 1, 1999)]
[Notices]
[Pages 4892-4895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2351]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 731-TA-311-317 and 379-380 (Review) 
(Investigations Nos. 701-TA-269-270 (Review))]


Brass Sheet and Strip From Brazil and France; Brass Sheet and 
Strip From Brazil, Canada, France, Italy, Korea, Sweden, Germany, 
Japan, and the Netherlands

AGENCY: United States International Trade Commission.

ACTION: Institution of five-year reviews concerning the countervailing 
duty orders on brass sheet and strip from Brazil and France and the 
antidumping duty orders on brass sheet and strip from Brazil, Canada, 
France, Italy, Korea, Sweden, Germany, Japan, and the Netherlands.

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SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
1675(c)) (the Act) to determine whether revocation of the 
countervailing duty orders on brass sheet and strip from Brazil and 
France and the antidumping duty orders on brass sheet and strip from 
Brazil, Canada, France, Italy, Korea, Sweden, Germany, Japan, and the 
Netherlands would be likely to lead to continuation

[[Page 4893]]

or recurrence of material injury. Pursuant to section 751(c)(2) of the 
Act, interested parties are requested to respond to this notice by 
submitting the information specified below to the Commission; the 
deadline for responses is March 23, 1999. Comments on the adequacy of 
responses may be filed with the Commission by April 16, 1999.
    For further information concerning the conduct of these reviews and 
rules of general application, consult the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subparts A, D, E, and F (19 CFR part 207). Recent 
amendments to the Rules of Practice and Procedure pertinent to five-
year reviews, including the text of subpart F of part 207, are 
published at 63 FR 30599, June 5, 1998, and may be downloaded from the 
Commission's World Wide Web site at http://www.usitc.gov/rules.htm.

EFFECTIVE DATE: February 1, 1999.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193) or Vera 
Libeau (202-205-3176), Office of Investigations, U.S. International 
Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting 
the Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000. 
General information concerning the Commission may also be obtained by 
accessing its internet server (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION:
    Background.--On January 8, 1987, the Department of Commerce issued 
a countervailing duty order on imports of brass sheet and strip from 
Brazil (52 FR 698). On January 12, 1987, the Department of Commerce 
issued antidumping duty orders on imports of brass sheet and strip from 
Brazil, Canada, and Korea (52 FR 1214). On March 6, 1987, the 
Department of Commerce issued a countervailing duty order on imports of 
brass sheet and strip from France and antidumping duty orders on 
imports of brass sheet and strip from France, Germany, Italy, and 
Sweden (52 FR 6995; Italy amended at 52 FR 11299 (April 8, 1987)). On 
August 12, 1988, the Department of Commerce issued antidumping duty 
orders on imports of brass sheet and strip from Japan and the 
Netherlands (53 FR 30454). The Commission is conducting reviews to 
determine whether revocation of the orders would be likely to lead to 
continuation or recurrence of material injury to the domestic industry 
within a reasonably foreseeable time.
    Definitions.--The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce.
    (2) The Subject Countries in these reviews are Brazil, Canada, 
France, Germany, Italy, Japan, Korea, the Netherlands, and Sweden.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
countervailing duty determinations concerning brass sheet and strip 
from Brazil and France and antidumping duty determinations concerning 
brass sheet and strip from Brazil, Canada, France, Germany, Italy, 
Korea, and Sweden, the Commission defined the Domestic Like Product to 
include brass material to be rerolled (reroll) and finished brass sheet 
and strip (finished products). In its original antidumping duty 
determinations and the remand determinations concerning brass sheet and 
strip from Japan and the Netherlands, the Commission defined the 
Domestic Like Product to be all Unified Numbering System C20000 
domestically produced brass sheet and strip. One Commissioner defined 
the Domestic Like Product differently. For purposes of this notice, the 
Domestic Like Product is all Unified Numbering System C20000 
domestically produced brass sheet and strip.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original countervailing duty 
determination concerning brass sheet and strip from Brazil and France 
and antidumping duty determinations concerning brass sheet and strip 
from Brazil, Canada, France, Germany, Italy, Korea, and Sweden, the 
Commission defined the Domestic Industry to include primary mills with 
casting capabilities and rerollers. In its original antidumping duty 
determinations and the remand determinations concerning brass sheet and 
strip from Japan and the Netherlands, the Commission defined the 
Domestic Industry as producers of the corresponding Domestic Like 
Product. One Commissioner defined the Domestic Industry differently. 
For purposes of this notice, the Domestic Industry is producers of all 
Unified Numbering System C20000 domestically produced brass sheet and 
strip.
    (5) The Order Dates are the dates that the antidumping and 
countervailing duty orders under review became effective. In the review 
concerning the countervailing duty order on brass sheet and strip from 
Brazil, the Order Date is January 8, 1987. In the review concerning the 
antidumping duty orders on brass sheet and strip from Brazil, Canada, 
and Korea, the Order Date is January 12, 1987. In the review concerning 
the countervailing duty order on brass sheet and strip from France and 
the antidumping duty orders on brass sheet and strip from France, 
Germany, Italy and Sweden, the Order Date is March 6, 1987. In the 
review concerning the antidumping duty orders on brass sheet and strip 
from Japan and the Netherlands, the Order Date is August 12, 1988.
    (6) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the reviews and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the reviews as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the reviews.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in these reviews available to authorized 
applicants under the APO issued in the review, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the reviews. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any

[[Page 4894]]

person submitting information to the Commission in connection with 
these reviews must certify that the information is accurate and 
complete to the best of the submitter's knowledge. In making the 
certification, the submitter will be deemed to consent, unless 
otherwise specified, for the Commission, its employees, and contract 
personnel to use the information provided in any other reviews or 
investigations of the same or comparable products which the Commission 
conducts under Title VII of the Act, or in internal audits and 
investigations relating to the programs and operations of the 
Commission pursuant to 5 U.S.C. Appendix 3.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is March 23, 1999. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct expedited or full reviews. The deadline for filing such 
comments is April 16, 1999. All written submissions must conform with 
the provisions of sections 201.8 and 207.3 of the Commission's rules 
and any submissions that contain BPI must also conform with the 
requirements of sections 201.6 and 207.7 of the Commission's rules. The 
Commission's rules do not authorize filing of submissions with the 
Secretary by facsimile or electronic means. Also, in accordance with 
sections 201.16(c) and 207.3 of the Commission's rules, each document 
filed by a party to the reviews must be served on all other parties to 
the reviews (as identified by either the public or APO service list as 
appropriate), and a certificate of service must accompany the document 
(if you are not a party to the reviews you do not need to serve your 
response).
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act in making its 
determinations in the reviews.
    Information to be Provided in Response to this Notice of 
Institution: If you are a domestic producer, union/worker group, or 
trade/business association; import/export Subject Merchandise from more 
than one Subject Country; or produce Subject Merchandise in more than 
one Subject Country, you may file a single response. If you do so, 
please ensure that your response to each question includes the 
information requested for each pertinent Subject Country. As used 
below, the term ``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address if available) and name, telephone number, fax number, 
and E-mail address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product to which your response pertains, 
a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or exporter of the Subject Merchandise, 
a U.S. or foreign trade or business association, or another interested 
party (including an explanation). If you are a union/worker group or 
trade/business association, identify the firms in which your workers 
are employed or which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in these reviews by providing information requested by the 
Commission.
    (4) A statement of the likely effects of the revocation of the 
antidumping and countervailing duty orders on each Domestic Industry 
for which you are filing a response in general and/or your firm/entity 
specifically. In your response, please discuss the various factors 
specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including 
the likely volume of subject imports, likely price effects of subject 
imports, and likely impact of imports of Subject Merchandise on the 
Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
each Domestic Like Product for which you are filing a response. 
Identify any known related parties and the nature of the relationship 
as defined in section 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in 
Brazil, Canada, France, Germany, Italy, Korea, and Sweden that 
currently export or have exported Subject Merchandise to the United 
States or other countries since 1986. A list of all known and currently 
operating U.S. importers of the Subject Merchandise and producers of 
the Subject Merchandise in Japan and the Netherlands that currently 
export or have exported Subject Merchandise to the United States or 
other countries since 1987.
    (7) If you are a U.S. producer of a Domestic Like Product, provide 
the following information separately on your firm's operations on each 
product during calendar year 1998 (report quantity data in thousands of 
pounds and value data in thousands of U.S. dollars, f.o.b. plant). If 
you are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production; and
    (b) The quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s).
    (8) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Countries, 
provide the following information on your firm's(s') operations on that 
product during calendar year 1998 (report quantity data in thousands of 
pounds and value data in thousands of U.S. dollars). If you are a 
trade/business association, provide the information, on an aggregate 
basis, for the firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from the Subject Countries accounted for by your firm's(s') imports; 
and
    (b) The quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from the Subject Countries.
    (9) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Countries, provide the following information on your firm's(s') 
operations on that product during calendar year 1998 (report quantity 
data in thousands of pounds and value data in thousands of

[[Page 4895]]

U.S. dollars, landed and duty-paid at the U.S. port but not including 
antidumping or countervailing duties). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Countries accounted for by your firm's(s') production; and
    (b) The quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Countries accounted for by your firm's(s') exports.
    (10) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for each Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Countries since the Order Dates, and 
significant changes, if any, that are likely to occur within a 
reasonably foreseeable time. Supply conditions to consider include 
technology; production methods; development efforts; ability to 
increase production (including the shift of production facilities used 
for other products and the use, cost, or availability of major inputs 
into production); and factors related to the ability to shift supply 
among different national markets (including barriers to importation in 
foreign markets or changes in market demand abroad). Demand conditions 
to consider include end uses and applications; the existence and 
availability of substitute products; and the level of competition among 
the Domestic Like Product produced in the United States, Subject 
Merchandise produced in the Subject Countries, and such merchandise 
from other countries.
    (11) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: These reviews are being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    Issued: January 27, 1999.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-2351 Filed 1-29-99; 8:45 am]
BILLING CODE 7020-02-P