[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Notices]
[Pages 32507-32508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13244]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-602]


Brass Sheet and Strip From Germany: Notice of Rescission of 
Antidumping Duty Administrative Review

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

DATES: Effective Date: June 1, 2012.

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 March 1, 2012, the Department published in the Federal Register 
the notice of opportunity to request an administrative review of the 
antidumping duty order on brass sheet and strip from Germany for the 
period of review (``POR''), March 1, 2011, through February 29, 
2012.\1\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 77 FR 12559 (March 1, 2012).
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    On April 2, 2012, the petitioners \2\ timely requested that the 
Department conduct an administrative review of the following ten 
producers/exporters of brass sheet and strip from Germany: Aurubis 
Stolberg GmbH & Co. KG (``Aurubis''), Carl Schreiber GmbH 
(``Schreiber''), KME Germany AG & Co. KG (``KME''), Messingwerk 
Plettenberg Herfeld GmbH & Co. KG (``Messingwerk''), MKM Mansfelder 
Kupfer & Messing GmbH (``MKM''), Schlenk Metallfolien GmbH & Co. KG 
(``Schlenk''), Schwermetall Halbzeugwerk GmbH & Co. KG 
(``Schwermetall''), Sundwiger Messingwerke GmbH & Co. KG 
(``Sundwiger''), ThyssenKrupp VDM GmbH (``ThyssenKrupp''), and Wieland-
Werke AG (``Wieland''). Pursuant to this request and in accordance with 
19 CFR 351.221(c)(1)(i), the Department published a notice initiating 
the administrative review of Aurubis, Schreiber, KME, Messingwerk, MKM, 
Schlenk, Schwermetall, Sundwiger, ThyssenKrupp, and Wieland.\3\
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    \2\ GBC Metals, LLC of Global Brass and Copper, Inc., dba Olin 
Brass, Heyco Metals, Inc., Aurubis Buffalo, Inc., PMX Industries, 
Inc., and Revere Copper Products, Inc.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 77 FR 
25401 (April 30, 2012).
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    On May 3, 2012, the Department placed on the record and invited 
interested parties to comment on U.S. Customs and Border Protection 
(``CBP'') data. See Memorandum to the File from George McMahon, Senior 
International Trade Analyst, through Melissa Skinner, Office Director, 
concerning ``2011-2012 Antidumping Duty Administrative Review of Brass 
Sheet and Strip from Germany: Release of Customs and Border Protection 
(``CBP'') Data,'' dated May 3, 2012. The CBP data query results 
indicated no entries of subject merchandise during the POR from the ten 
producers/exporters for which a review was requested.
    On May 10, 2012, Schwermetall and Wieland submitted comments on the 
CBP data, stating that this data indicates that none of the ten 
companies for which a review was requested is identified in any entry 
of subject merchandise during the POR. Schwermetall and Wieland further 
state that there are no entries for the Department to review, and no 
basis on which the Department may select respondents. Therefore, 
Schwermetall and Wieland assert that the Department should rescind the 
instant review.
    On May 14, 2012, the petitioners timely withdrew their request for 
an administrative review of Aurubis, Schreiber, KME, Messingwerk, MKM, 
Schlenk, Schwermetall, Sundwiger, ThyssenKrupp, and Wieland; all of the 
companies for which they requested review.

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation of the requested review. As 
noted above, petitioners withdrew their request for review of Aurubis, 
Schreiber, KME, Messingwerk, MKM, Schlenk, Schwermetall, Sundwiger, 
ThyssenKrupp, and Wieland (all of the companies for which they 
requested a review) within 90 days of the date of publication of the 
notice of initiation. Moreover, no other interested party

[[Page 32508]]

requested an administrative review of these respondents. Therefore, in 
accordance with 19 CFR 351.213(d)(1) and consistent with our practice, 
we are rescinding this review in its entirety.

Assessment

    The Department will instruct CBP to assess antidumping duties on 
all entries of brass sheet and strip from Germany. Antidumping duties 
shall be assessed at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). 
The Department intends to issue appropriate assessment instructions to 
CBP 15 days after the date of publication of this notice of rescission 
of administrative review.

Notification to Importers

    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 presumption that reimbursement of 
antidumping duties occurred and the subsequent increase in antidumping 
duties by the amount of antidumping duties reimbursed.

Notification Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
an APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.
    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 
CFR 351.213(d)(4).

    Dated: May 24, 2012.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2012-13244 Filed 5-31-12; 8:45 am]
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