[Federal Register Volume 88, Number 64 (Tuesday, April 4, 2023)]
[Notices]
[Pages 19924-19925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06922]


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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: 
Continuation of Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) orders on brass sheet and 
strip from France, Germany, Italy, and Japan would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, Commerce is publishing a notice of 
continuation of the AD orders.

DATES: Applicable April 4, 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 January 9, 1987, Commerce published the AD orders on brass sheet 
and strip from France, Germany, Italy, and Japan.\1\ On September 1, 
2022, the ITC instituted,\2\ and Commerce initiated,\3\ the fifth 
sunset review of the Orders, pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act). As a result of its review, Commerce 
determined that a revocation of the Orders would likely lead to 
continuation or recurrence of dumping and, therefore, notified the ITC 
of the magnitude of the margins of dumping likely to prevail should the 
Orders be revoked.\4\
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    \1\ See Antidumping Duty Order; Brass Sheet and Strip from 
France, 52 FR 6995 (March 6, 1987); Antidumping Duty Order; Brass 
Sheet and Strip from the Federal Republic of Germany, 52 FR 6997 
(March 6, 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 at 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); 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 Brass Sheet and Strip from France, Germany, Italy, and 
Japan; Institution of Five-Year Reviews, 87 FR 53785 (September 1, 
2022).
    \3\ See Initiation of Five-Year (Sunset) Review, 87 FR 53727 
(September 1, 2022).
    \4\ See Brass Sheet and Strip from France, Germany, Italy, and 
Japan: Final Results of the Expedited Fifth Sunset Review of the 
Antidumping Duty Orders, 88 FR 56 (January 3, 2023).
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    On March 29, 2023, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \5\ See Brass Sheet and Strip from France, Germany, Italy, and 
Japan, 88 FR 18586 (March 29, 2023).

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[[Page 19925]]

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 purposes, the written description of the scope of the Orders 
remains dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or a 
recurrence of dumping, as well as material injury to an industry in the 
United States, pursuant to section 751(d)(2) of the Act and 19 CFR 
351.218(a), Commerce hereby orders the continuation of the Orders. U.S. 
Customs and Border Protection will continue to collect AD cash deposits 
at the rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the Orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year review 
of the Orders not later than 30 days prior to the fifth anniversary of 
the effective date of continuation.

Administrative Protective Order

    This notice also 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(a)(3). Timely written notification of 
the return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply is a violation 
of the APO which may be subject to sanctions.

Notification to Interested Parties

    This five-year sunset review and this notice are in accordance with 
sections 751(c) and 751(d)(2) of the Act and published in accordance 
with section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: March 29, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-06922 Filed 4-3-23; 8:45 am]
BILLING CODE 3510-DS-P