[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Notices]
[Pages 59386-59387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24664]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-602]


Brass Sheet and Strip From Germany: Preliminary Results of the 
Third Five-Year (``Sunset'') Review of the Antidumping Duty Order

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

DATES: Effective Date: September 26, 2011.
SUMMARY: On March 1, 2011, the Department of Commerce (``the 
Department'') initiated its third sunset review of the antidumping duty 
order on brass sheet and strip from Germany, pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (``the Act''). The Department is 
conducting a full sunset review of the order pursuant to 751(c) of the 
Act and 19 CFR 351.218(e)(2)(i). As a result of this sunset review, the 
Department preliminarily finds that revocation of the antidumping duty 
order on brass sheet and strip from Germany would likely lead to 
continuation or recurrence of dumping.

FOR FURTHER INFORMATION CONTACT: Joseph Shuler or Yasmin Nair, AD/CVD 
Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
1293 and (202) 482-3813, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 1, 2011, the Department initiated the third sunset review 
of the antidumping duty order on brass sheet and strip from Germany, 
pursuant to section 751(c) of the Act. See Initiation of Five-Year 
(``Sunset'') Review, 76 FR 11202 (March 1, 2011). The Department 
received a notice of intent to participate from domestic interested 
parties, GBC Metals, LLC, of Global Brass and Copper, Inc., doing 
business as Olin Brass; Heyco Metals, Inc.; Luvata North America, Inc.; 
PMX Industries, Inc.; Revere Copper Products, Inc.; and International 
Association of Machinists and Aerospace Workers, United Auto Workers 
(Local 2367 and Local 1024), and United Steelworkers AFL-CIO CLC 
(collectively, ``Petitioners''), within the deadline specified in 19 
CFR 351.218(d)(1)(i). Petitioners claimed interested party status under 
section 771(9)(C) of the Act as a manufacturer, producer, or wholesaler 
in the United States of a domestic like product, and under section 
771(9)(D) of the Act as a certified union or recognized union or group 
of workers representative of an industry engaged in the manufacture, 
production, or wholesale in the United States of a domestic like 
product.
    On March 31, 2011, the Department received substantive responses 
from Petitioners. In addition to meeting the requirements specified in 
19 CFR 351.218(d)(3)(i), Petitioners provided information on the volume 
and value of exports of brass sheet and strip from Germany. On March 
31, 2011, the Department also received a substantive response from 
respondent interested parties in Germany, Wieland-Werke AG, 
Schwermetall Halbzeugwerk GmbH & Co., KG, and Messingwerk Plettenberg 
Herfeld & Co., KG (collectively, ``Respondents''). Pursuant to 19 CFR 
351.302(b), Petitioners and Respondents were granted an extension until 
April 12, 2011, to file rebuttal comments to the substantive responses. 
These comments were submitted on April 12, 2011.
    On April 14, 2011, the Department released U.S. Customs and Border 
Protection (``CBP'') data on U.S. imports of brass sheet and strip from 
Germany to interested parties under the terms of the administrative 
protective order. On April 25, 2011, Petitioners and Respondents 
submitted comments on the CBP import data. On May 2, 2011, Petitioners 
submitted rebuttal comments, and on May 6, 2011, Respondents submitted 
rebuttal comments. On May 9, 2011, Petitioners submitted surrebuttal 
comments.
    Section 351.218(e)(1)(ii)(A) of the Department's regulations 
provides that the Secretary normally will conclude that respondent 
interested parties have adequately responded to a notice of initiation 
where the Department receives complete substantive responses from 
respondent interested parties accounting on average for more than 50

[[Page 59387]]

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 June 7, 2011, the Department determined that 
Petitioners' and Respondents' responses constituted adequate responses 
to the notice of initiation. See Memorandum from Susan H. Kuhbach, 
Director, AD/CVD Operations, Office 1, to Edward C. Yang, Acting Deputy 
Assistant Secretary for AD/CVD Operations entitled ``Adequacy 
Determination: Third Five-Year (``Sunset'') Review of the Antidumping 
Duty Order on Brass Sheet and Strip from Germany,'' dated June 7, 2011. 
In accordance with 19 CFR 351.218(e)(2)(i), the Department determined 
to conduct a full sunset review of this antidumping duty order and 
notified the International Trade Commission. See Letter from James 
Maeder, Director, Office 2, AD/CVD Operations to Ms. Catherine 
DeFilippo, Director, Office of Investigations, U.S. International Trade 
Commission, dated June 10, 2011.

Scope of the Order

    The product covered by the order is brass sheet and strip, other 
than leaded and tinned brass sheet and strip. The chemical composition 
of the covered product is currently defined in the Copper Development 
Association (``C.D.A.'') 200 Series or the Unified Numbering System 
(``U.N.S.'') C2000. The order 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 product covered by the order has 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 written description of the scope of the 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 Antidumping and Countervailing Duty Operations, to Ronald 
K. Lorentzen, Deputy Assistant Secretary for Import Administration 
(``Decision Memorandum'''), which is hereby adopted by, and issued 
concurrently with, this notice. The issues discussed in the Decision 
Memorandum are the likelihood of continuation or recurrence of dumping 
and the magnitude of the margins likely to prevail if the order is 
revoked. 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 7046 of 
the main Department building. In addition, a complete version of the 
Decision Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Preliminary Results of Review

    We preliminarily determine that revocation of the antidumping duty 
order on brass sheet and strip from Germany would be likely to lead to 
continuation or recurrence of dumping at the following weighted-average 
percentage margins:

------------------------------------------------------------------------
                                                             Margin
           Manufacturers/producers/exporters                (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). 
Consistent with 19 CFR 351.310(d)(1), any hearing, if requested, will 
generally be held two days after the scheduled date for submission of 
rebuttal briefs, in accordance with 19 CFR 351.309(d). Interested 
parties may submit case briefs no later than 50 days after the date of 
publication of these preliminary results of review, 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 not later than five days 
after the time limit for filing the case brief, unless the Secretary 
alters this time limit. See 19 CFR 351.309(d). 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 January 25, 2012.
    This five-year (``Sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: September 19, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-24664 Filed 9-23-11; 8:45 am]
BILLING CODE 3510-DS-P