[Federal Register Volume 65, Number 179 (Thursday, September 14, 2000)]
[Notices]
[Pages 55501-55502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23686]


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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: We determine that sales of the subject merchandise have not 
been made below normal value (NV). We will instruct the U.S. Customs 
Service (Customs Service) not to assess antidumping duties on the 
subject merchandise exported by this company.

EFFECTIVE DATE: September 14, 2000.

FOR FURTHER INFORMATION CONTACT: James Terpstra or Geoffrey Craig, AD/
CVD Enforcement, Office VI, Group II, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and

[[Page 55502]]

Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 
482-3965 or (202) 482-4161, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions of the Tariff Act of 1930, as amended by 
the Uruguay Round Agreements Act (URAA) effective January 1, 1995 (the 
Act). In addition, unless otherwise indicated, all citations to the 
Department's regulations refer to the regulations codified at 19 CFR 
part 351 (April 1999).

Case History

    On May 10, 2000, the Department of Commerce (the Department) 
published the preliminary results of its administrative review of the 
antidumping duty order on brass sheet and strip from the Netherlands. 
See Notice of Preliminary Results of Antidumping Duty Administrative 
Review: Brass Sheet and Strip from the Netherlands, 65 FR 30058 
(Preliminary Results). This review covers shipments by one respondent, 
Outokumpu Copper Strip B.V. (OBV), during the period of review (POR) 
August 1, 1998 through July 31, 1999. Interested parties did not submit 
case briefs nor did they request a hearing. There have been no changes 
since the preliminary results.

Scope of 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) C2000 series. This review does not cover 
products the chemical compositions 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. Included in the scope are coiled, wound-
on-reels (traverse wound), and cut-to-length products. The merchandise 
under review is currently classifiable under items 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.

Price Comparisons

    We calculated export price and NV based on the same methodology 
described in the Preliminary Results.

Cost of Production

    As discussed in the Preliminary Results, we conducted an 
investigation to determine whether the respondent participating in the 
review made home market sales of the foreign like product during the 
POR at prices below their cost of production (COP) within the meaning 
of section 773(b)(1) of the Act. We calculated the COP for these final 
results following the same methodology as in the Preliminary Results.
    We found 20 percent or more of OBV's sales of a given product 
during the 12 month period were at prices less than the weighted-
average COP for the POR and thus determined that these below cost sales 
were made in ``substantial quantities'' within an extended period of 
time, and that such sales were not made at prices which would permit 
recovery of all costs within a reasonable period of time, in accordance 
with section 773(b)(2)(B), (C), and (D) of the Act. Therefore, for 
purposes of these final results, we disregarded the below-cost sales 
and used the remaining sales as the basis for determining NV, pursuant 
to section 773(b)(1) of the Act. While we disregarded some below-cost 
sales, sufficient sales remained that passed the cost test in the 
current review. Therefore, it was unnecessary to calculate constructed 
value in this case.

Analysis of Comments Received

    We gave interested parties an opportunity to comment on the 
Preliminary Results. As noted above, we received no comments from the 
petitioners or OBV.

Final Results of Review

    As a result of our review, we determine that OBV had a zero 
weighted-average margin for the period August 1, 1998 through July 31, 
1999. Therefore, we will instruct the Customs Service not to assess 
antidumping duties on the subject merchandise exported by this company 
(see 19 CFR 351.106(c)(2)). We have calculated an importer-specific 
assessment rate equal to zero.

Cash Deposit Requirements

    As a result of a Sunset Review of brass sheet and strip from the 
Netherlands, the Department has revoked the antidumping duty order for 
this case, effective January 1, 2000. See Revocation of Antidumping 
Duty Orders: Brass Sheet and Strip From the Republic of Korea, the 
Netherlands, and Sweden, 65 FR 25305 (May 1, 2000). Therefore, we have 
instructed the Customs Service to terminate suspension of liquidation 
for all entries of subject merchandise made on or after January 1, 
2000. We have also issued additional instructions directing the Customs 
Service to liquidate all entries of brass sheet and strip made on or 
after January 1, 2000, without regard to antidumping duties.
    Entries of subject merchandise made prior to January 1, 2000, will 
continue to be subject to suspension of liquidation and antidumping 
duty deposit requirements. The Department will complete any pending 
reviews of this order and will conduct administrative reviews of 
subject merchandise entered prior to the effective date of revocation 
in response to appropriately filed requests for review.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402 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 determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act (19 USC 1675(a)(1) and 19 
USC 1677f(i)(1)).

    Dated: September 5, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-23686 Filed 9-13-00; 8:45 am]
BILLING CODE 3510-DS-P