[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21312-21314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08231]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-602]


Brass Sheet and Strip From Germany: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination of 
No Shipments; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request from Petitioners\1\, the Department 
of Commerce (the Department) is conducting an administrative review of 
the antidumping duty order on brass sheet and strip from Germany. The 
period of review (POR) is March 1, 2014, through February 28, 2015.\2\ 
The review covers ten producers or exporters of subject merchandise.\3\ 
We preliminarily find that three of the producers or exporters for 
which the Department initiated a review, Schwermetall, ThyssenKrupp, 
and Wieland, had no shipments during the POR. Further, we preliminarily 
find that subject merchandise has been sold at less than normal value 
by seven of the companies subject to this review. \4\ Interested 
parties are invited to comment on these preliminary results.
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    \1\ The Petitioners are 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.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 79 FR 
24398 (April 30, 2014) (Initiation).
    \3\ The ten producers or exporters are: Aurubis Stolberg GmbH & 
Co. KG, Carl Schreiber GmbH, KME Germany AG & Co. KG, Messingwerk 
Plettenberg Herfeld GmbH & Co. KG (Messingwerk), MKM Mansfelder 
Kupfer & Messing GmbH, Schlenk Metallfolien GmbH & Co. KG, 
Schwermetall Halbzeugwerk GmbH & Co. KG (Schwermetall), Sundwiger 
Messingwerke GmbH & Co. KG, ThyssenKrupp VDM GmbH (ThyssenKrupp), 
and Wieland-Werke AG (Wieland).
    \4\ The seven companies are: Aurubis Stolberg GmbH & Co. KG, 
Carl Schreiber GmbH, KME Germany AG & Co. KG, Messingwerk, MKM 
Mansfelder Kupfer & Messing GmbH, Schlenk Metallfolien GmbH & Co. 
KG, and Sundwiger Messingwerke GmbH & Co. KG.

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DATES: Effective Date: April 11, 2016.

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

SUPPLEMENTARY INFORMATION:

Background

    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement and Compliance, the Department has exercised its 
discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government. All deadlines in this segment of the 
proceeding have been extended by four business days. Accordingly, the 
revised deadline for the preliminary results of this review is now 
April 5, 2016.\5\
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    \5\ See Memorandum to the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement & Compliance, regarding 
``Tolling of Administrative Deadlines As a Result of the Government 
Closure During Snowstorm Jonas,'' dated January 27, 2016.
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Scope of the Order

    The merchandise subject to the antidumping duty order is brass 
sheet and strip, other than leaded brass and tin brass sheet and strip, 
from Germany, which is currently classified under subheading 
7409.21.00.50, 7409.21.00.75, 7409.21.00.90, 7409.29.00.50, 
7409.29.00.75, and 7409.29.00.90 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 subject to the order is dispositive.\6\
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    \6\ For a full description of the scope of the order, see the 
``Decision Memorandum for Preliminary Results of the Antidumping 
Duty Administrative Review: Brass Sheet and Strip from Germany; 
2014-2015'' from Gary Taverman, Associate Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, dated concurrently with this notice (Preliminary 
Decision Memorandum).
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Methodology

    In accordance with sections 776(a) and (b) of the Tariff Act of 
1930, as amended (the Act), we relied on facts available with an 
adverse inference with respect to Messingwerk, the sole company 
selected for individual

[[Page 21313]]

examination in this review, and assigned to it a preliminary dumping 
margin of 55.60 percent. In making these findings, we relied on facts 
available because Messingwerk failed to respond to the Department's 
antidumping duty questionnaire, and thus withheld requested 
information, failed to provide requested information by the established 
deadlines, and significantly impeded this proceeding. See sections 
776(a)(1) and (2)(A)-(C) of the Act. Furthermore, because we 
preliminarily determine that Messingwerk failed to cooperate by not 
acting to the best of its ability to comply with the Department's 
requests for information, we drew an adverse inference in selecting 
from among the facts otherwise available. See section 776(b) of the 
Act.
    Additionally, as indicated in the ``Preliminary Results of Review'' 
section below, we preliminarily determine that a margin of 22.61 
percent applies to the six firms not selected for individual review, 
i.e., an average of the range of certain dumping margins contained in 
the underlying Petition.\7\ For further information, see the 
Preliminary Decision Memorandum at ``Rate for Non-Examined Companies.''
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    \7\ See Brass Sheet and Strip From The Federal Republic of 
Germany; Initiation of Antidumping Duty Investigation, 51 FR 11774 
(April 7, 1986).
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    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
included in the Preliminary Decision Memorandum is included in the 
Appendix attached to this notice.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
to all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
Internet at: http://enforcement.trade.gov/frn/index.html. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an Appendix to this notice.

Preliminary Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information and information provided by Schwermetall, ThyssenKrupp, and 
Wieland, we preliminarily determine that these companies had no 
shipments of the subject merchandise, and, therefore, no reviewable 
transactions, during the POR. For a full discussion of this 
determination, see the Preliminary Decision Memorandum.

Preliminary Results of Review

    As a result of our review, we preliminarily determine that the 
following dumping margins on brass sheet and strip from Germany exist 
for the period March 1, 2014, through February 28, 2015, at the 
following rates:

------------------------------------------------------------------------
            Producer and/or Exporter                 Margin (percent)
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Aurubis Stolberg GmbH & Co. KG.................                    22.61
Carl Schreiber GmbH............................                    22.61
KME Germany AG & Co. KG........................                    22.61
Messingwerk Plettenberg Herfeld GmbH & Co. KG..                    55.60
MKM Mansfelder Kupfer & Messing GmbH...........                    22.61
Schlenk Metallfolien GmbH & Co. KG.............                    22.61
Sundwiger Messingwerke GmbH & Co. KG...........                    22.61
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Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than five days after the date for filing case 
briefs.\8\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\9\ Interested parties who wish to comment on the 
preliminary results must file briefs electronically using ACCESS.\10\ 
An electronically-filed document must be received successfully in its 
entirety in ACCESS, by 5 p.m. Eastern Time (ET) on the date the 
document is due.
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    \8\ See 19 CFR 351.309(d).
    \9\ See 19 CFR 351.303 (for general filing requirements).
    \10\ Id.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS. An electronically filed 
document must be received successfully in its entirety in ACCESS by 5 
p.m. ET within 30 days after the date of publication of this notice. 
Requests should contain: (1) The party's name, address and telephone 
number; (2) the number of participants; and (3) a list of issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs.
    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of the 
issues raised in any written briefs, not later than 120 days after the 
date of publication of this notice, pursuant to section 751(a)(3)(A) of 
the Act.

Assessment Rates

    Upon issuance of the final results, the Department shall determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. If the preliminary results are unchanged for 
the final results we will instruct CBP to apply an ad valorem 
assessment rate of 55.60 percent to all entries of subject merchandise 
during the POR which were produced and/or exported by Messingwerk, and 
an ad valorem assessment rate of 22.61 percent to all entries of 
subject merchandise during the POR which were produced and/or exported 
by the six aforementioned companies which were not selected for 
individual examination.
    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of brass sheet and strip from Germany entered, or 
withdrawn from warehouse, for consumption on or after the date of

[[Page 21314]]

publication, as provided by section 751(a)(2) of the Act: (1) The cash 
deposit rates for the reviewed companies will be the rates established 
in the final results of this review; (2) for merchandise exported by 
manufacturers or exporters not covered in this review but covered in a 
prior segment of the proceeding, the cash deposit rate will continue to 
be the company-specific rate published for the most recently completed 
segment of this proceeding; (3) if the exporter is not a firm covered 
in this review, a prior review, or the less-than-fair-value 
investigation but the manufacturer is, the cash deposit rate will be 
the rate established for the most recently completed segment of this 
proceeding for the manufacturer of the merchandise; (4) if neither the 
exporter nor the manufacturer has its own rate, the cash deposit rate 
will be 7.30 percent.\11\ These deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \11\ See Preliminary Decision Memorandum for additional details.
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Notifications to Importers

    This notice serves as a preliminary 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 doubled antidumping duties.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act.

    Dated: April 6, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

A. Summary
B. Background
C. Scope of the Order
D. Discussion of the Methodology
    1. Selection of Respondents
    2. No Shipment Claims by Schwermetall, ThyssenKrupp, and Wieland
    3. Use of Facts Otherwise Available
    a. Use of Facts Available
    b. Application of Facts Available With an Adverse Inference
    c. Selection and Corroboration of Information Used As Facts 
Available
    4. Rate for Companies Not Selected for Individual Examination
E. Recommendation

[FR Doc. 2016-08231 Filed 4-8-16; 8:45 am]
 BILLING CODE 3510-DS-P