[Federal Register Volume 65, Number 59 (Monday, March 27, 2000)]
[Notices]
[Pages 16167-16168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7492]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-701]


Brass Sheet and Strip from the Netherlands; Notice of Second 
Amended Final Results of Administrative Review in Accordance With Final 
Court Decision

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On September 29, 1998, the U.S. Court of International Trade 
(the Court) affirmed the Department of Commerce's (the Department's) 
remand determination of the final results of the antidumping duty 
administrative review of brass sheet and strip from the Netherlands. No 
party has appealed this ruling. As there is now a final and conclusive 
court decision in this action, we are amending our final results.

EFFECTIVE DATE: March 27, 2000.

FOR FURTHER INFORMATION CONTACT: John Brinkmann or Jarrod Goldfeder, 
Office of AD/CVD Enforcement VI, Group II, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230; 
telephone: (202) 482-4126 or (202) 482-2305, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 19, 1996, the Department published the final results of 
the third administrative review in Brass Sheet and Strip from the 
Netherlands (61 FR 1324) (Brass Final), covering the period of review 
(POR) August 1, 1990 through July 31, 1991. On February 12, 1996, the 
Department received timely allegations from the petitioners and the 
respondent that the Department had made certain ministerial errors in 
the Brass Final that affected the final dumping margin. Although the 
Department agreed that certain of the allegations constituted 
ministerial errors, the Department was unable to issue a determination 
correcting these errors before the petitioners filed a complaint with 
the Court challenging the Brass Final. Therefore, the Department 
requested leave from the Court to correct these errors and on August 1, 
1996, the Court granted the Department's request. See August 1, 1996 
Order, Hussey Copper, Ltd. v. United States, Ct. No. 96-02-00578 (CIT 
dismissed August 7, 1997). Accordingly, on June 19, 1997, the 
Department published amended final results (62 FR 33395) (Amended Brass 
Final).
    In the original Brass Final, the U.S. sales database used to 
calculate the dumping margin included all entries made during the POR, 
regardless of date of sale. The respondent alleged that in addition to 
correcting the ministerial errors identified in the Court's August 1, 
1996 order, in the Amended Brass Final the Department also excluded 
several purchase price (PP) transactions and one exporter's sales price 
(ESP) transaction that entered the United States during, but were sold 
prior to, the POR. Consequently, the respondent claimed that these 
changes reduced the number of transactions included in the database 
from 391 to 150 and increased the weighted-average dumping margin to 
5.85%. The Department agreed that it should not have omitted these 
transactions from the U.S. sales database and requested that the Court 
remand the

[[Page 16168]]

case in order to reinstate the excluded transactions.
    Given that the exclusion of transactions from the U.S. sales 
database used to calculate the dumping margin was neither requested by 
the parties pursuant to the first remand request nor authorized by the 
Court in its first remand order, the Court remanded the Amended Brass 
Final. See Outokumpu Copper Strip, B.V. v. United States, 15 F. Supp. 
2d 806 (CIT 1998). On remand, the Court instructed the Department to 
recalculate the dumping margins by including in the U.S. sales database 
(1) all PP transactions of merchandise sold prior to the POR but 
entered during the POR, and (2) the ESP transaction omitted from the 
Amended Brass Final, and to issue new amended final results.
    On September 29, 1998, the Court affirmed the Department's remand 
results, finding that the Department had complied with the Court's 
Remand by correcting the two ministerial errors and recalculating the 
dumping margin for Outokumpu Copper Rolled Products. See Outokumpu 
Copper Strip, B.V. v. United States, 24 F. Supp. 2d 318 (CIT 1998). The 
Court dismissed the case, given that all issues had been decided. No 
appeal has been filed in this case.

Amendment to Final Results of Review

    Because there is now a final and conclusive decision in the court 
proceeding, effective as of the publication date of this notice, we are 
amending the Amended Brass Final, and establishing the following 
revised weighted-average dumping margin for the period August 1, 1990 
through July 31, 1991:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                              (percent)
------------------------------------------------------------------------
Outokumpu Copper Rolled Products AB (OBV)..................         2.03
------------------------------------------------------------------------

    As the assessment rate is the same as the weighted-average dumping 
margin, the Department will instruct the United States Customs Service 
to assess the revised antidumping duty on all appropriate entries. The 
Department will issue appraisement instructions directly to the Customs 
Service.

    Dated: March 20, 2000.
Richard Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-7492 Filed 3-24-00; 8:45 am]
BILLING CODE 3510-DS-P