[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Notices]
[Pages 56-58]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28475]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-602, A-428-602, A-475-601, A-588-704]


Brass Sheet and Strip From France, Germany, Italy, and Japan: 
Final Results of the Expedited Fifth Sunset Review of the Antidumping 
Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of these expedited sunset reviews, the U.S. 
Department of Commerce (Commerce) finds that revocation of the 
antidumping duty (AD) orders on brass sheet and strip from France, 
Germany, Italy and Japan would be likely to lead to continuation or 
recurrence of dumping at the levels indicated in the ``Final Results of 
Reviews'' section of this notice.

DATES: Applicable January 3, 2023.

FOR FURTHER INFORMATION CONTACT: Whitley Herndon, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202)-482-6274.

SUPPLEMENTARY INFORMATION:

Background

    On September 1, 2022, Commerce published the notice of initiation 
of the fifth sunset review of the AD orders on brass sheet and strip 
from France,

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Germany, Italy, and Japan \1\ pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act).\2\
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    \1\ See Antidumping Order: Brass Sheet and Strip from France, 52 
FR 6995 (March 6, 1987); Final Determination of Sales at Less Than 
Fair Value and Amendment to Antidumping Duty Order: Brass Sheet and 
Strip from the Federal Republic of Germany, 52 FR 35750 (September 
23, 1987), amended in Final Determination of Sales at Less Than Fair 
Value and Amendment to Antidumping Duty Order: Brass Sheet and Strip 
from the Federal Republic of Germany, 52 FR 35750 (September 23, 
1987); Antidumping Duty Order: Brass Sheet and Strip from Italy, 52 
FR 6997 (March 6, 1987), amended in Amendment to Final Determination 
of Sales of Less Than Fair Value and Amendment of Antidumping Duty 
Order in Accordance with Decision Upon Remand: Brass Sheet and Strip 
from Italy, 56 FR 23272 (May 21, 1991) (Italy Amended Order); and 
Antidumping Duty Order of Sales at Less than Fair Value: Brass Sheet 
and Strip from Japan, 53 FR 30454 (August 12, 1988) (collectively, 
Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 53727 
(September 1, 2022) (Notice of Initiation).
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    On September 16, 2022, Aurubis Buffalo, Inc., Heyco Metals, Inc., 
PMX Industries Inc., and Wieland Holdings Inc. (collectively, the 
domestic interested parties) notified Commerce of their intent to 
participate within the 15-day period specified in 19 CFR 
351.218(d)(1)(i).\3\ The domestic interested parties claimed interested 
party status under section 771(9)(C) of the Act as producers of 
domestic like product in the United States.
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    \3\ See Domestic Interested Parties' Letters, ``Five-Year 
(``Sunset'') Review of Antidumping Duty Order on Brass Sheet and 
Strip from France--Notice of Intent to Participate,'' dated 
September 16, 2022; ``Five-Year (``Sunset'') Review of Antidumping 
Duty Order on Brass Sheet and Strip from France--Amendment to Notice 
of Intent to Participate,'' dated September 29, 2022; ``Five-Year 
(``Sunset'') Review of Antidumping Duty Order on Brass Sheet and 
Strip from Germany--Notice of Intent to Participate,'' dated 
September 16, 2022; ``Five-Year (``Sunset'') Review of Antidumping 
Duty Order on Brass Sheet and Strip from Germany--Amendment to 
Notice of Intent to Participate,'' dated September 29, 2022; ``Five-
Year (``Sunset'') Review of Antidumping Duty Order on Brass Sheet 
and Strip From Italy--Notice of Intent to Participate,'' dated 
September 16, 2022; ``Five-Year (``Sunset'') Review of Antidumping 
Duty Order on Brass Sheet and Strip from Italy--Amendment to Notice 
of Intent to Participate,'' dated September 29, 2022; ``Five-Year 
(``Sunset'') Review of Antidumping Duty Order on Brass Sheet and 
Strip from Japan--Notice of Intent to Participate,'' dated September 
16, 2022; and ``Five-Year (``Sunset'') Review of Antidumping Duty 
Order on Brass Sheet and Strip from Japan--Amendment to Notice of 
Intent to Participate,'' dated September 29, 2022.
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    On October 3, 2022, Commerce received complete substantive 
responses to the Notice of Initiation with respect to the Orders from 
the domestic interested parties within the 30-day period specified in 
19 CFR 351.218(d)(3)(i).\4\ Commerce did not receive a substantive 
response from any other interested parties with respect to the Orders 
covered by these sunset reviews. On October 25, 2022, Commerce notified 
the U.S. International Trade Commission that it did not receive an 
adequate substantive response from respondent interested parties in any 
of these sunset reviews.\5\ As a result, pursuant to section 
751(c)(3)(8) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted expedited (120-day) sunset reviews of the Orders.
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    \4\ See Domestic Interested Parties' Letters, ``Fifth Sunset 
Review of the Antidumping Duty Order on Brass Sheet and Strip from 
France: Substantive Response to Notice of Initiation,'' dated 
October 3, 2022; ``Fifth Sunset Review of the Antidumping Duty Order 
on Brass Sheet and Strip from Germany: Substantive Response to 
Notice of Initiation,'' dated October 3, 2022; ``Fifth Sunset Review 
of the Antidumping Duty Order on Brass Sheet and Strip from Italy: 
Substantive Response to Notice of Initiation,'' dated October 3, 
2022; and ``Fifth Sunset Review of the Antidumping Duty Order on 
Brass Sheet and Strip Shrimp from Japan: Substantive Response to 
Notice of Initiation,'' dated October 3, 2022.
    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on 
September 1, 2022,'' dated October 25, 2022.
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Scope of the Orders

    The scope of the Orders is brass sheet and strip from France, 
Germany, Italy, and Japan. For a complete description of the scope of 
the Orders, see Appendix II to this notice.

Analysis of Comments Received

    A complete discussion of all issues raised in these sunset reviews 
is provided in the accompanying Issues and Decision Memorandum.\6\ A 
list of the issues discussed in the Issues and Decision Memorandum is 
attached at Appendix I to this notice. The Issues and 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 https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Fifth Sunset Reviews of the 
Antidumping Duty Orders on Brass Sheet and Strip from France, 
Germany, Italy, and Japan,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Final Results of Sunset Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Orders would likely lead to 
a continuation or recurrence of dumping and that the magnitude of the 
dumping margins likely to prevail would be weighted-average margins up 
to 42.24 percent for France, up to 55.60 percent for Germany, up to 
22.00 percent for Italy, and up to 57.98 percent for Japan.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305. Timely notification of the return or 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.

Notification to Interested Parties

    We are issuing and publishing the results in accordance with 
sections 751(c), 752(c), and 771(i)(1) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2).

    Dated: December 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. History of the Orders
IV. Legal Framework
V. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins of Dumping Likely to Prevail
VI. Final Results of Sunset Reviews
VII. Recommendation

Appendix II

Scope of the Orders

    The product covered by the Orders is brass sheet and strip, 
other than leaded and tinned brass sheet and strip, from France, 
Germany, Italy, and Japan. 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 Orders do 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 Orders 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

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purposes, the written description of the scope of the Orders remains 
dispositive.
[FR Doc. 2022-28475 Filed 12-30-22; 8:45 am]
BILLING CODE 3510-DS-P