[Federal Register Volume 70, Number 208 (Friday, October 28, 2005)]
[Notices]
[Pages 62093-62094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5987]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-602]


Brass Sheet and Strip from Germany; Preliminary Results of the 
Sunset Review of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 1, 2005, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on brass sheet and strip from Germany. On the basis of the notice of 
intent to participate, adequate substantive responses and rebuttal 
comments filed on behalf of the domestic and respondent interested 
parties, the Department is conducting a full sunset review of the 
antidumping duty order pursuant to section 751(c) of the Tariff Act of 
1930, as amended (``the Act'') and section 351.218(e)(2)(i) of the 
Department's regulations. As a result of this sunset review, the 
Department preliminarily finds that revocation of the antidumping duty 
order would likely lead to continuation or recurrence of dumping at the 
levels listed below in the section entitled ``Preliminary Results of 
Review.''

EFFECTIVE DATE: October 28, 2005.

FOR FURTHER INFORMATION CONTACT: Audrey R. Twyman, Brandon Farlander, 
or David Goldberger, AD/CVD Operations, Office 1, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14\th\ Street & Constitution Avenue, NW., Washington, DC, 
20230; telephone: 202-482-3534, 202-482-0182, and 202-482-4136, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2005, the Department published its notice of initiation 
of the second sunset review of the antidumping duty order on brass 
sheet and strip from Germany, in accordance with section 751(c) of the 
Act. See Initiation of Five-year (``Sunset'') Reviews, 70 FR 16800 
(April 1, 2005) (``Notice of Initiation'').
    The Department received Notices of Intent to Participate on behalf 
of Heyco Metals, Inc., Olin Corporation - Brass Group, Outokumpu 
American Brass, PMX Industries, Inc., Revere Copper Products, Inc., 
Scott Brass, International Association of Machinist and Aerospace 
Workers, United Auto Workers (Local 2367 and Local 1024), and United 
Steelworkers of America AFL-CIO/CLC (collectively ``the domestic 
interested parties''), within the deadline specified in section 
351.218(d)(1)(i) of the Department's regulations (``Sunset 
Regulations''). The domestic interested parties claimed interested 
party status under sections 771(9)(C) and (D) of the Act, as 
manufacturers of a domestic-like product in the United States, and 
unions whose workers are engaged in the production of a domestic-like 
product in the United States.
    The Department received a complete substantive response to the 
notice of initiation from the domestic interested parties within the 
30-day deadline specified in the Department's regulations under section 
351.218(d)(3)(i). The Department received a complete substantive 
response from respondent interested parties, Wieland-Werke AG 
(``Wieland''), Prymetall Gmbh & Co. KG (``Prymetall''), and 
Schwermetall Halbzeugwerk GmbH & Co. KG (``Schwermetall'') 
(collectively ``the respondent interested parties''), within the 
deadline specified in section 351.218(d)(3)(i) of the Department's 
regulations.
    On May 4, 2005, the Department received a request from domestic 
interested parties for an extension of the deadline for filing rebuttal 
comments to the substantive response of the respondent interested 
parties. Pursuant to section 351.302(b) of the Department's 
regulations, domestic and respondent parties were granted an extension 
to file rebuttal comments to the substantive responses until May 13, 
2005. On May 17, 2005, the Department received an objection to domestic 
interested parties' rebuttal comments.
    On May 24, 2005, the Department initially determined that 
respondent interested parties did not account for more than 50 percent 
of exports by volume of the subject merchandise and, therefore, did not 
submit an adequate substantive response to the Department's Notice of 
Initiation. See Memorandum to Ronald Lorentzen, Acting Director, Office 
of Policy, from Kelly Parkhill entitled, ``Adequacy Determination: 
Sunset Review of the Antidumping Duty Order on Brass Sheet and Strip 
from Germany,'' (May 24, 2005). On June 13, 2005, the Department 
extended the deadline for comments and rebuttals on its adequacy 
determination to June 20 and June 27 respectively. On June 10 and 20, 
2005, the Department received comments from domestic interested parties 
concerning the Department's adequacy determination. On June 20, 2005, 
the Department received comments from respondent interested parties 
concerning the Department's adequacy determination. On June 27, 2005, 
the Department received rebuttal comments from domestic interested 
parties concerning the Department's adequacy determination.
    On July 27, 2005, the Department published a notice of extension of 
time limits for its final results of expedited review until on or about 
October 18, 2005. See Brass Sheet and Strip from Germany, Brazil, and 
France: Extension of Final Results of Expedited Sunset Reviews of the 
Antidumping and Countervailing Duty Orders, 70 FR 43395 (July 27, 
2005).
    Section 351.218(e)(1)(ii)(A) of the Department's regulations 
provides that the Secretary normally will conclude that respondent 
interested parties have provided adequate response to a notice of 
initiation where the Department receives complete substantive responses 
from respondent interested parties accounting on average for more than 
50 percent, by volume, or value basis, if appropriate, of the total 
exports of the subject merchandise to the United States over the five 
calendar years preceding the year of publication of the notice of 
initiation. On August 12, 2005, the Department reversed its initial 
adequacy determination and found that the respondent interested parties 
accounted for more than 50 percent of exports by volume of the subject 
merchandise from Germany to the United States. See Memorandum to 
Barbara E. Tillman, Acting Deputy Assistant Secretary for Import 
Administration, from Susan H. Kuhbach entitled, ``Adequacy 
Determination in Antidumping Duty Sunset Review of Brass Sheet and 
Strip from Germany,'' (August 12, 2005). In accordance with section 
351.218(e)(2)(i) of the Department's regulations, the Department 
determined to conduct a full sunset review of this antidumping duty 
order.
    The final results in the full sunset review of this antidumping 
duty order are scheduled on or before February 27, 2006.

Scope of the Order

    The product covered by this order is brass sheet and strip, other 
than leaded and tinned. The chemical composition of the covered product 
is currently defined in the Copper Development

[[Page 62094]]

Association (``C.D.A.'') 200 Series or the Unified Numbering System 
(``U.N.S.'') C2000. This order does not cover products with chemical 
compositions that are defined by anything other than either the C.D.A. 
or U.N.S. series. In physical dimensions, the product covered by this 
order has a solid rectangular cross section over 0.0006 inches (0.15 
millimeters) through 0.1888 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 of 
the United States (``HTSUS'') item numbers 7409.21.00 and 7409.29.00. 
The HTSUS numbers are provided for convenience and customs purposes. 
The written description of the scope of this order remains dispositive.

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the 
``Issues and Decision Memorandum for the Sunset Review of the 
Antidumping Duty Order on Brass Sheet and Strip from Germany; 
Preliminary Results,'' from Gary Taverman, Acting Deputy Assistant 
Secretary for Import Administration, to Joseph A. Spetrini, Acting 
Assistant Secretary for Import Administration, dated October 18, 2005 
(``Decision Memo''), which is hereby adopted by this notice. The issues 
discussed in the Decision Memo include the likelihood of continuation 
or recurrence of dumping and the magnitude of the margin likely to 
prevail if the antidumping duty order were revoked. Parties can find a 
complete discussion of all issues raised in this sunset review and the 
corresponding recommendations in this public memo, which is on file in 
room B-099 of the main Department Building. In addition, a complete 
version of the Decision Memo can be accessed directly on the Web at 
http://ia.ita.doc.gov/frn, under the heading ``October 2005.'' The 
paper copy and electronic version of the Decision Memo are identical in 
content.

Preliminary Results of Review

    The Department preliminarily determines that revocation of the 
antidumping duty order on brass sheet and strip from Germany is likely 
to lead to continuation or recurrence of dumping at the following 
weighted-average margins:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Producers/Exporters            Margin (Percent)
------------------------------------------------------------------------
Wieland-Werke AG....................................                3.81
All Others..........................................                7.30
------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310(c). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of this notice, in accordance with 19 CFR 
351.309(c)(1)(i). Rebuttal briefs, which must be limited to issues 
raised in the case briefs, may be filed no later than 5 days after the 
case briefs, in accordance with 19 CFR 351.309(d)(1). Any hearing, if 
requested, will be held two days after rebuttal briefs are due, in 
accordance with 19 CFR 351.310(d)(1). The Department will issue a 
notice of final results of this sunset review, which will include the 
results of its analysis of issues raised in any such briefs, no later 
than February 27, 2006.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752,and 777(i)(1) of the Act.

    Dated: October 17, 2005.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-5987 Filed 10-27-05; 8:45 am]
BILLING CODE 3510-DS-S