[Federal Register Volume 75, Number 208 (Thursday, October 28, 2010)]
[Notices]
[Pages 66347-66349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27295]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-602]


Brass Sheet and Strip From Germany: Amended Final Results of 
Antidumping Duty Administrative Review

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

SUMMARY: On October 12, 2010, the Deputy Assistant Secretary of the 
U.S. Department of Commerce (the Department) signed the final results 
of the administrative review of the antidumping duty order on brass 
sheet and strip (BSS) from Germany for the period of review (POR) March 
1, 2008, through February 28, 2009. In preparing documentation for the 
release to the interested parties, we noted that we had inadvertently 
referred to business proprietary information (BPI) in explaining the 
Department's position for certain comments discussed in the Issues and 
Decision Memorandum accompanying the final results of the instant 
review. This error was discovered prior to publication in the Federal 
Register; therefore, the Department did not publish the original notice 
or place the Issues and Decision memorandum on the Import 
Administration Web site. In order to ensure that such BPI is not 
inappropriately released to any party, we have amended the accompanying 
Issues and Decision memorandum to remove BPI. The original Department's 
position containing the BPI information for Comments 1 and 5 are 
included as BPI in the Cost and Sales Calculation Memorandum for 
reference.\1\ There was no substantive change to the Department's 
positions associated with this change. The original signed notice of 
final results of the instant review was public in its entirety. We have 
adopted the entire original notice below correcting only the citation 
to the Issues

[[Page 66348]]

and Decision Memorandum. This notice is being published in place of the 
original.
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    \1\ See Memorandum from Ernest Gziryan through Taija Slaughter 
to Neal Halper, titled ``Cost of Production and Constructed Value 
Calculation Adjustments for the Final Results--Wieland-Werke AG,'' 
dated October 12, 2010; see also Memorandum from Dennis McClure 
through James Terpstra to The File, titled ``Sales Analysis 
Memorandum for the Final Results--Wieland-Werke AG,'' dated October 
12, 2010 (``Cost and Sales Calculation Memorandum'').
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    On April 13, 2010, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on brass sheet and strip (BSS) from Germany for 
the period of review (POR) March 1, 2008, through February 28, 2009. 
See Brass Sheet and Strip from Germany: Preliminary Results of 
Antidumping Duty Administrative Review, 75 FR 18801 (April 13, 2010) 
(Preliminary Results). We gave the interested parties an opportunity to 
comment on the Preliminary Results. Based on our analysis of the 
comments received, we have made changes to the margin calculation. The 
final weighted-average dumping margin for Wieland-Werke AG (Wieland) is 
in the section entitled ``Final Results of Review.''

DATES: Effective Date: October 28, 2010

FOR FURTHER INFORMATION CONTACT: Dennis McClure or George McMahon, AD/
CVD Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington DC 20230; telephone: (202) 482-
5973 or (202) 482-1167, respectively.

SUPPLEMENTARY INFORMATION

Background

    On May 17, 2010, the Department published the postponement of the 
final results. See Brass Sheet and Strip from Germany: Extension of 
Time Limit for the Final Results of Antidumping Duty Administrative 
Review, 75 FR 27538 (May 17, 2010). The Department held its sales 
verification at Wieland from April 12, 2010, through April 14, 2010. We 
issued the sales verification report on June 10, 2010. The cost 
verification was held from July 5, 2010, through July 9, 2010. We 
issued the cost verification report on July 22, 2010.
    We invited parties to comment on the Preliminary Results. We 
received a case brief from Wieland on July 30, 2010, and the 
petitioners \2\ submitted a revised case brief on August 6, 2010, based 
on a request to not include new information from the Department. 
Rebuttal briefs were submitted on August 9, 2010, by Wieland and the 
petitioners.
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    \2\ The petitioners include GBC Metals, LLC of Global Brass and 
Copper, Inc., doing business as Olin Brass, Heyco Metals, Inc., 
Luvata Buffalo, Inc., PMX Industries, Inc., and Revere Copper 
Products, Inc.
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Scope of the Order

    The scope of this order covers shipments of brass sheet and strip, 
other than leaded and tinned, from Germany. 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 of the United States 
(HTSUS) item numbers 7409.21.00 and 7409.29.00. Although the HTSUS item 
numbers are provided for convenience and customs purposes, the 
Department's written description of the scope of this order remains 
dispositive.

Analysis of Comments Received

    All issues raised in the case briefs are addressed in the ``Amended 
Issues and Decision Memorandum for the Final Results of the 
Administrative Review of the Antidumping Duty Order on Brass Sheet and 
Strip from Germany'' (Amended Issues and Decision Memorandum), which is 
dated concurrently with and hereby adopted by this notice. A list of 
the issues which parties raised and to which we responded in the 
Amended Issues and Decision Memorandum is attached to this notice as an 
Appendix. The Amended Issues and Decision Memorandum is a public 
document which is on file in the CRU, and is accessible on the web at 
http://www.ia.ita.doc.gov/frn. The paper copy and electronic version of 
the memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made the 
following changes in calculating the dumping margin for the final 
results: (1) We adjusted the reported fabrication costs and G&A 
expenses; (2) we used Wieland's day-specific metal costs to calculate 
the cost of production for the sales-below-cost test and the 
calculation of the constructed value; (3) we revised the cost recovery 
test to exclude the cost of other materials from the calculation of the 
quarterly indexed metal costs and calculated the POR-average cost of 
other materials; (4) we modified our price-to-price comparisons to 
ensure that all comparisons had the same metal fix date (if there were 
no matches, we used constructed value); and (5) we removed the trial 
sales in the comparison market from our analysis. See Amended Issues 
and Decision Memorandum at Comments 1, 2, 4, 5, and 6. For further 
details on how the cost changes above were applied in the calculation, 
see ``Memorandum to Neal M. Halper from Ernest Z. Gziryan, Cost of 
Production and Constructed Value Calculation Adjustments for the Final 
Results--Wieland-Werke AG dated October 12, 2010.''

Final Results of Review

    We determined that the following weighted-average dumping margin 
exists for Wieland for the period March 1, 2008 through February 28, 
2009.

------------------------------------------------------------------------
                                                               Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Wieland-Werke AG..........................................         0.00
------------------------------------------------------------------------

Assessment Rate

    Pursuant to 19 CFR 351.212(b), the Department calculated an 
assessment rate for each importer of the subject merchandise. Upon 
issuance of the final results of this administrative review, if any 
importer-specific assessment rates calculated in the final results are 
above de minimis (i.e., at or above 0.5 percent), the Department will 
issue appraisement instructions directly to CBP to assess antidumping 
duties on appropriate entries by applying the assessment rate to the 
entered value of the merchandise. For assessment purposes, we 
calculated importer-specific assessment rates for the subject 
merchandise by aggregating the dumping margins for all U.S. sales to 
each importer and dividing the amount by the total entered value of the 
sales to that importer. Where appropriate, to calculate the entered 
value, we subtracted international movement expenses (e.g., 
international freight) from the gross sales value.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). This clarification will apply to entries of 
subject merchandise during the POR produced by companies included in 
these final results of review for which the reviewed companies did not 
know their merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction. For a full discussion of this 
clarification, see

[[Page 66349]]

Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).

Cash Deposit Requirements

    To calculate the cash deposit rate for Wieland, we divided its 
total dumping margin by the total net value of its sales during the 
review period. The following deposit rates will be effective upon 
publication of the final results of this administrative review for all 
shipments of BSS from Germany entered, or withdrawn from warehouse, for 
consumption on or after the publication date, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for companies 
subject to this review will be the rate established in the final 
results of this review, except if the rate is less than 0.5 percent 
and, therefore, de minimis, no cash deposit will be required; (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 final results for a review in which that 
manufacturer or exporter participated; (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 final 
results for the manufacturer of the merchandise; and (4) if neither the 
exporter nor the manufacturer is a firm covered in this or any previous 
review conducted by the Department, the cash deposit rate will be 7.30 
percent, the all-others rate established in the LTFV investigation. See 
Antidumping Duty Order: Brass Sheet and Strip from the Federal Republic 
of Germany, 52 FR 6997 (March 6, 1987), amended at 52 FR 35750 
(September 23, 1987). These cash deposit requirements, when imposed, 
shall remain in effect until further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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.

Notification to Interested Parties

    This notice serves as the only 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(a)(3). Timely written 
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.
    These final results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 21, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix: Comments in the Amended Issues and Decision Memorandum

Comment 1: Whether To Use Wieland's Daily Metal Costs for Purposes 
of Computing Costs of Production for the Sales Below Cost Test
Comment 2: Whether the Department's Quarterly Indexed Cost 
Methodology Meets the Requirements of the Statute's Cost Recovery 
Test
Comment 3: Whether To Revise Wieland's General and Administrative 
(G&A) Expense Ratio
Comment 4: Whether To Make Other Adjustments to the OTHMAT Costs, 
Fabrication Costs and General and Administrative Expenses
Comment 5: Whether the Department Should Adjust for Fluctuations in 
Metal Price in its Comparison of Export Price to Normal Value
Comment 6: Whether the Department Should Exclude Samples and Trial 
Shipments From its Antidumping Analysis
Comment 7: Whether Facts Available Should Be Applied
Comment 8: Whether Wieland's U.S. Sale is Bona Fide
Comment 9: Whether To Make a Finding of Reimbursement of Antidumping 
Duties

[FR Doc. 2010-27295 Filed 10-27-10; 8:45 am]
BILLING CODE 3510-DS-P