[Federal Register Volume 65, Number 116 (Thursday, June 15, 2000)]
[Notices]
[Pages 37520-37521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15197]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-601]


Brass Sheet and Strip From Canada; 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 February 8, 2000, the Department of Commerce (the 
``Department'') published the preliminary results of administrative 
review of the antidumping duty order on brass sheet and strip from 
Canada. The merchandise covered by this order is brass sheet and strip 
from Canada. The review covers one manufacturer/exporter, Wolverine 
Tube (Canada) Inc., (``Wolverine''). The period of review (``POR'') is 
January 1, 1998, through December 31, 1998.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. Therefore, the final results differ 
from the preliminary results. The final weighted-average dumping 
margins for the reviewed firm is listed below in the section entitled 
``Final Results of the Review.''

EFFECTIVE DATE: June 15, 2000.

FOR FURTHER INFORMATION CONTACT: Paige Rivas, Nithya Nagarajan, or 
Lyman Armstrong, Import Administration, International Trade 
Administration, U.S. Department of Commerce, Washington, DC 20230; 
telephone: (202) 482-0651, 482-5253, or 482-3601, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the ``Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department's 
regulations are to 19 CFR Part 351 (1998).

Background

    On February 8, 2000, the Department published the preliminary 
results of administrative review of the antidumping duty order on brass 
sheet and strip from Canada. See Brass Sheet and Strip from Canada: 
Preliminary Results of Antidumping Duty Administrative Review, 65 FR 
6134, (February 8, 2000). The review covers one manufacturer/exporter, 
Wolverine. The POR is January 1, 1998, through December 31, 1998. We 
invited parties to comment on our preliminary results of review. We 
received comments on March 9, 2000, from Wolverine and from Hussey 
Copper Ltd., The Miller Company, Olin Corporation, Outokumpu American 
Brass, 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 the United Steel Workers of 
America (``AFL-CIO/CLC'') (collectively ``petitioners''). On March 14, 
2000, we received a rebuttal brief from petitioners. On March 15, 2000, 
we received a rebuttal brief from Wolverine. The Department has 
conducted this administrative review in accordance with section 751 of 
the Act.

Scope of Review

    The product covered by this review is brass sheet and strip 
(``BSS''), other than leaded and tinned BSS. 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 (``HTS'') item numbers 
7409.21.00 and 7409.29.00. Although the HTS item numbers are provided 
for convenience and customs purposes, the written description of the 
scope of this order remains dispositive. Pursuant to the final 
affirmative determination of circumvention of the antidumping duty 
order, covering the period September 1, 1990, through September 30, 
1991, we determined that brass plate used in the production of BSS 
falls within the scope of the antidumping duty order on BSS from 
Canada. See Brass Sheet and Strip from Canada: Final Affirmative 
Determination of Circumvention of Antidumping Duty Order, 58 FR 33610 
(June 18, 1993).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memorandum'') from Holly A. Kuga, Acting 
Deputy Assistant Secretary, Import Administration, to Troy H. Cribb, 
Acting Assistant Secretary for Import Administration, dated June 7, 
2000, which is hereby adopted by this notice. A list of the

[[Page 37521]]

issues which parties have raised and to which we have responded, all of 
which are in the Decision Memorandum, is attached to this notice as an 
Appendix. Parties can find a complete discussion of all issues raised 
in this review and the corresponding recommendations in this public 
memorandum which is on file in the Central Records Unit, room B-099 
(``B-099'') of the main Department building. In addition, a complete 
version of the Decision Memorandum can be accessed directly on the Web 
at www.ita.doc.gov/import_admin/records/frn/. The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations. These changes are discussed in the 
relevant sections of the ``Decision Memorandum,'' accessible in B-099 
and on the Web at www.ita.doc.gov/import_admin/records/frn/.

Final Results of Review

    We determine that the following percentage weighted-average margin 
exists for the period January 1, 1998, through December 31, 1998:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Wolverine Tube (Canada) Inc................................         3.38
------------------------------------------------------------------------

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b), we have calculated exporter/importer-specific 
assessment rates. With respect to both export price and constructed 
export price sales, we divided the total dumping margins for the 
reviewed sales by the total entered value of those reviewed sales for 
each importer. We will direct Customs to assess the resulting 
percentage margins against the entered Customs values for the subject 
merchandise on each of that importer's entries under the order during 
the review period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of brass sheet and strip from Canada entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(1) of the Act: (1) The cash 
deposit rate for the reviewed company will be the rate shown 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, 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 period for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 8.10 percent. This 
rate is the ``All Others'' rate from the LTFV investigation. These 
deposit requirements shall remain in effect until publication of the 
final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 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 doubled antidumping duties.
    This notice also serves as a 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. 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.
    We are issuing and publishing this determination and notice in 
accordance with sections section 751(a)(1) and 777(i) of the Act.

    Dated: June 7, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memorandum Comments and Responses

1. General and Administrative Expenses, Interest Expenses
    A. Packing and Movement Expenses
    B. Parent Company General and Administrative Expenses
    C. Interest Expense
    D. Foreign Exchange Gains
2. Circumstance of Sale Adjustments
    A. Warranty Expenses
3. Model-Match Methodology
    A. Product Width Comparison

[FR Doc. 00-15197 Filed 6-14-00; 8:45 am]
BILLING CODE 3510-DS-P