[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Notices]
[Pages 33575-33580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11002]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-859, A-533-915, A-508-814, A-201-858, A-580-916, A-791-828]


Brass Rod From Brazil, India, Israel, Mexico, the Republic of 
Korea, and South Africa: Initiation of Less-Than-Fair-Value 
Investigations

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable May 17, 2023.

FOR FURTHER INFORMATION CONTACT: Claudia Cott (Brazil), Christopher 
Williams (India), Andrew Hart (Israel), Frank Schmitt (Mexico), Krisha 
Hill or Drew Jackson (the Republic of Korea (Korea)), and Dmitry 
Vladimirov (South Africa), AD/CVD Operations, Offices I, II, IV, and 
VI, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-4270, (202) 482-5166, (202) 482-1058, 
(202) 482-4880, (202) 482-4307 or (202) 482-4406, and (202) 482-0665, 
respectively.

SUPPLEMENTARY INFORMATION:

The Petitions

    On April 27, 2023, the U.S. Department of Commerce (Commerce) 
received antidumping duty (AD) petitions concerning imports of brass 
rod from Brazil, India, Israel, Mexico, Korea, and South Africa, filed 
in proper form on behalf of the American Brass Rod Fair Trade Coalition 
and its constituent members, Mueller Brass Co. and Wieland Chase LLC, 
U.S., producers of brass rod (collectively, the petitioners).\1\ These 
AD petitions were accompanied by countervailing duty (CVD) petitions 
concerning imports of brass rod from India, Israel, and Korea.\2\
---------------------------------------------------------------------------

    \1\ See Petitioners' Letter, ``Brass Rod from Brazil, India, 
Israel, Mexico, South Africa, and South Korea: Antidumping and 
Countervailing Duty Petitions,'' dated April 27, 2023 (Petitions).
    \2\ Id.
---------------------------------------------------------------------------

    In May 2023, Commerce requested supplemental information pertaining 
to certain aspects of the Petitions.\3\ Additionally, in May 2023, the 
petitioners filed timely responses to these requests for additional 
information.\4\
---------------------------------------------------------------------------

    \3\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping Duties on Imports of Brass Rod from Brazil, India, 
Israel, Mexico, the Republic of Korea, and South Africa and 
Countervailing Duties on Imports from India, Israel, and the 
Republic of Korea: Supplemental Questions,'' dated May 2, 2023 
(General Issues Supplemental Questionnaire); ``Petitions for the 
Imposition of Antidumping Duties on Imports of Brass Rod from 
Brazil, India, Israel, the Republic of Korea, Mexico, and South 
Africa and Countervailing Duties on Imports from India, Israel, and 
the Republic of Korea: Supplemental Questions,'' dated May 10, 2023 
(Second General Issues Supplemental Questionnaire); ``Petition for 
the Imposition of Antidumping Duties on Imports of Brass Rod from 
Brazil: Supplemental Questions,'' dated May 2, 2023; ``Petition for 
the Imposition of Antidumping Duties on Imports of Brass Rod from 
Brazil: 2nd Supplemental Questions,'' dated May 9, 2023; ``Petition 
for the Imposition of Antidumping Duties on Imports of Brass Rod 
from the Republic of Korea: Supplemental Questions,'' dated May 2, 
2023; ``Petition for the Imposition of Antidumping Duties on Imports 
of Brass Rod from the Republic of Korea: Supplemental Questions,'' 
dated May 9, 2023; ``Petition for the Imposition of Antidumping 
Duties on Imports of Brass Rod from the Republic of Korea: 
Supplemental Questions,'' dated May 12, 2023; ``Petition for the 
Imposition of Antidumping Duties on Imports of Brass Rod from the 
Republic of Korea: Supplemental Questions,'' dated May 15, 2023; 
``Petition for the Imposition of Antidumping Duties on Imports of 
Brass Rod from South Africa: Supplemental Questions,'' dated May 2, 
2023; ``Petition for the Imposition of Antidumping Duties on Imports 
of Brass Rod from South Africa: Second Set of Supplemental 
Questions,'' dated May 9, 2023; ``Petition for the Imposition of 
Antidumping Duties on Imports of Brass Rod from South Africa: Third 
Set of Supplemental Questions,'' dated May 15, 2023; ``Petition for 
the Imposition of Antidumping Duties on Imports of Brass Rod from 
India: Supplemental Questions,'' dated May 2, 2023; ``Petition for 
the Imposition of Antidumping Duties on Imports of Brass Rod from 
India: Supplemental Questions,'' dated May 9, 2023; ``Petition for 
the Imposition of Antidumping Duties on Imports of Brass Rod from 
India: Third Set of Supplemental Questions,'' dated May 15, 2023; 
Petition for the Imposition of Antidumping Duties on Imports of 
Brass Rod from Israel: Supplemental Questions,'' dated May 2, 2023; 
``Petition for the Imposition of Antidumping Duties on Imports of 
Brass Rod from Israel: Second Supplemental Questionnaire,'' dated 
May 9, 2023; ``Petition for the Imposition of Antidumping Duties on 
Imports of Brass Rod from Mexico: Supplemental Questions,'' dated 
May 2, 2023; ``Petition for the Imposition of Antidumping Duties on 
Imports of Brass Rod from Mexico: Second Set of Supplemental 
Questions,'' dated May 9, 2023; and ``Petition for the Imposition of 
Antidumping Duties on Imports of Brass Rod from Mexico: Third Set of 
Supplemental Questions,'' dated May 15, 2023.
    \4\ See Petitioners' Letters, ``Brass Rod from Brazil, India, 
Israel, Mexico, South Africa, and South Korea: Amendment of 
Petitions and Response to Commerce's Supplemental Questions,'' dated 
May 8, 2023 (General Issues Supplement), at Volumes I and II; 
``Brass Rod from Brazil, India, Israel, Mexico, South Africa, and 
South Korea: Second Amendment of Petitions and Response to 
Commerce's Supplemental Questions'' dated May 11, 2023 (Scope 
Supplement), at Volumes I and II; ``Brass Rod from Brazil, India, 
Israel, Mexico, South Africa, and South Korea: Third Amendment of 
Petitions and Response to Commerce's Supplemental Questions,'' dated 
May 15, 2023; and ``Brass Rod from Brazil, India, Israel, Mexico, 
South Africa, and South Korea: Fourth Amendment of Petitions and 
Response to Commerce's Supplemental Questions,'' dated May 16, 2023.
---------------------------------------------------------------------------

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that imports of brass rod 
from Brazil, India, Israel, Mexico, Korea, and South Africa are being, 
or are likely to be, sold in the United States at less than fair value 
(LTFV) within the meaning of section 731 of the Act, and that imports 
of such products are materially injuring, or threatening material 
injury to, the brass rod industry in the United States. Consistent with 
section 732(b)(1) of the Act, the Petitions are accompanied by 
information reasonably available to the petitioners supporting their 
allegations.
    Commerce finds that the petitioners filed the Petitions on behalf 
of the domestic industry, because the petitioners are interested 
parties, as defined in sections 771(9)(C) and (F) of the Act.\5\ 
Commerce also finds that the petitioners demonstrated sufficient 
industry support for the initiation of the requested AD 
investigations.\6\
---------------------------------------------------------------------------

    \5\ See Petitions at Volume I (pages 3-4).
    \6\ See the section on ``Industry Support for the Petitions,'' 
infra.
---------------------------------------------------------------------------

Periods of Investigation

    Because the Petitions were filed on April 27, 2023, pursuant to 19 
CFR 351.204(b)(1), the periods of investigation (POI) for the Brazil, 
India,

[[Page 33576]]

Israel, Mexico, Korea, and South Africa AD investigations are April 1, 
2022, through March 31, 2023.

Scope of the Investigations

    The products covered by these investigations are brass rod from 
Brazil, India, Israel, Mexico, Korea, and South Africa. For a full 
description of the scope of these investigations, see the appendix to 
this notice.

Comments on the Scope of the Investigations

    On May 2 and 10, 2023, Commerce requested further information and 
clarification from the petitioners regarding the proposed scope to 
ensure that the scope language in the Petitions is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\7\ On May 8 and 11, 2023, the petitioners revised the scope.\8\ 
The description of the merchandise covered by these investigations, as 
described in the appendix to this notice, reflects these 
clarifications.
---------------------------------------------------------------------------

    \7\ See General Issues Supplemental Questionnaire at 3-4; see 
also Second General Issues Supplemental Questionnaire at 3.
    \8\ See General Issues Supplement; see also Scope Supplement.
---------------------------------------------------------------------------

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period of time for interested parties to raise issues 
regarding product coverage (i.e., scope).\9\ Commerce will consider all 
comments received from interested parties and, if necessary, will 
consult with interested parties prior to the issuance of the 
preliminary determinations. If scope comments include factual 
information,\10\ all such factual information should be limited to 
public information. To facilitate preparation of its questionnaires, 
Commerce requests that all interested parties submit such comments by 
5:00 p.m. Eastern Time (ET) on June 6, 2023, which is 20 calendar days 
from the signature date of this notice. Any rebuttal comments, which 
may include factual information, must be filed by 5:00 p.m. ET on June 
16, 2023, which is 10 calendar days from the initial comment deadline.
---------------------------------------------------------------------------

    \9\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
---------------------------------------------------------------------------

    Commerce requests that any factual information that parties 
consider relevant to the scope of the investigations be submitted 
during that period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party may contact Commerce and 
request permission to submit the additional information. All such 
submissions must be filed simultaneously on the records of the 
concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\11\ An electronically-filed document must be received 
successfully in its entirety by the time and date it is due.\12\
---------------------------------------------------------------------------

    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
    \12\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------

Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of brass rod to be reported 
in response to Commerce's AD questionnaires. This information will be 
used to identify the key physical characteristics of the subject 
merchandise in order to report the relevant costs of production (COP) 
accurately, as well as to develop appropriate product comparison 
criteria where appropriate.
    Subsequent to the publication of this notice, Commerce intends to 
release a proposed list of physical characteristics and product-
comparison criteria, and interested parties may provide any information 
or comments that they feel are relevant to the development of an 
accurate list of physical characteristics. Specifically, they may 
provide comments as to which characteristics are appropriate to use as: 
(1) general product characteristics; and (2) product comparison 
criteria. We note that it is not always appropriate to use all product 
characteristics as product comparison criteria. We base product 
comparison criteria on meaningful commercial differences among 
products. In other words, although there may be some physical product 
characteristics utilized by manufacturers to describe brass rod, it may 
be that only a select few product characteristics take into account 
commercially meaningful physical characteristics. In addition, 
interested parties may comment on the order in which the physical 
characteristics should be used in matching products. Generally, 
Commerce attempts to list the most important physical characteristics 
first and the least important characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on June 6, 2023, 
which is 20 calendar days from the signature date of this notice. Any 
rebuttal comments must be filed by 5:00 p.m. ET on June 16, 2023, which 
is ten calendar days from the initial comment deadline. All comments 
and submissions to Commerce must be filed electronically using ACCESS, 
as explained above, on the record of each of the AD investigations.

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\13\ they do so for

[[Page 33577]]

different purposes and pursuant to a separate and distinct authority. 
In addition, Commerce's determination is subject to limitations of time 
and information. Although this may result in different definitions of 
the like product, such differences do not render the decision of either 
agency contrary to law.\14\
---------------------------------------------------------------------------

    \13\ See section 771(10) of the Act.
    \14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioners do not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\15\ Based on our analysis of the information 
submitted on the record, we have determined that brass rod, as defined 
in the scope, constitutes a single domestic like product, and we have 
analyzed industry support in terms of that domestic like product.\16\
---------------------------------------------------------------------------

    \15\ See Petitions at Volume I (pages 19-20); see also General 
Issues Supplement at 5-7.
    \16\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see AD Investigation Initiation Checklists, ``Brass Rod from Brazil, 
India, Israel, the Republic of Korea, Mexico, and South Africa,'' 
dated concurrently with this notice (Country-Specific AD Initiation 
Checklists), at Attachment II (Analysis of Industry Support for the 
Antidumping and Countervailing Duty Petitions Covering Brass Rod 
from Brazil, India, Israel, the Republic of Korea, Mexico, and South 
Africa).
---------------------------------------------------------------------------

    In determining whether the petitioners have standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioners provided 
their own production of brass rod in 2022 and compared this to the 
total 2022 production of brass rod by the U.S. industry.\17\ We relied 
on data provided by the petitioners for purposes of measuring industry 
support.\18\
---------------------------------------------------------------------------

    \17\ See Petitions at Volume I (pages 4-5 and Exhibit GEN-1); 
see also General Issues Supplement at 5 and Exhibit SUPP1-GEN-3.
    \18\ See Petitions at Volume I (pages 3-5 and Exhibit GEN-1); 
see also General Issues Supplement at 5 and Exhibit SUPP1-GEN-3. For 
further discussion, see Country-Specific AD Initiation Checklists at 
Attachment II.
---------------------------------------------------------------------------

    Our review of the data provided in the Petitions, the General 
Issues Supplement, and other information readily available to Commerce 
indicates that the petitioners have established industry support for 
the Petitions.\19\ First, the Petitions established support from 
domestic producers (or workers) accounting for more than 50 percent of 
the total production of the domestic like product and, as such, 
Commerce is not required to take further action in order to evaluate 
industry support (e.g., polling).\20\ Second, the domestic producers 
(or workers) have met the statutory criteria for industry support under 
section 732(c)(4)(A)(i) of the Act because the domestic producers (or 
workers) who support the Petitions account for at least 25 percent of 
the total production of the domestic like product.\21\ Finally, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 732(c)(4)(A)(ii) of the Act, because the 
domestic producers (or workers) who support the Petitions account for 
more than 50 percent of the production of the domestic like product 
produced by that portion of the industry expressing support for, or 
opposition to, the Petitions.\22\ Accordingly, Commerce determines that 
the Petitions were filed on behalf of the domestic industry within the 
meaning of section 732(b)(1) of the Act.\23\
---------------------------------------------------------------------------

    \19\ Id.
    \20\ See Country-Specific AD Initiation Checklists at Attachment 
II; see also section 732(c)(4)(D) of the Act.
    \21\ See Country-Specific AD Initiation Checklists at Attachment 
II.
    \22\ Id.
    \23\ Id.
---------------------------------------------------------------------------

Allegations and Evidence of Material Injury and Causation

    The petitioners allege that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioners allege that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\24\
---------------------------------------------------------------------------

    \24\ See Petitions at Volume I (pages 21-22 and Exhibit GEN-5); 
see also General Issues Supplement at 7 and Exhibit SUPP1-GEN-4.
---------------------------------------------------------------------------

    The petitioners contend that the industry's injured condition is 
illustrated by the significant volume of subject imports; reduced 
market share; underselling and price depression and/or suppression; 
lost sales and revenues; adverse impact on the domestic industry's 
operations, financial performance, production, commercial shipments, 
capacity utilization, and employment variables; and adverse impact on 
the domestic industry's financial performance.\25\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence and meet the statutory requirements for initiation.\26\ In 
accordance with section 771(7)(G)(ii)(IV) of the Act, which states that 
the ITC cannot cumulate imports ``from any country that is party to an 
agreement with the United States establishing a free trade area, which 
entered into force and effect before January 1, 1987, unless the 
{ITC{time}  determines that a domestic industry is materially injured 
or threatened with material injury by reason of imports from that 
country,'' we considered the petitioners' allegation of injury with 
respect to Israel, a party to an agreement with the United States 
establishing a free trade area in place and effect before January 1, 
1987, independently of the allegations for Brazil, India, Korea, 
Mexico, and South Africa and found that the information provided 
satisfies the requirements for initiation.\27\
---------------------------------------------------------------------------

    \25\ See Petitions at Volume I (pages 1-2, 21-41, and Exhibits 
GEN-5 through GEN-25); see also General Issues Supplement at 7-8 and 
Exhibits SUPP1-GEN-4 and SUPP1-GEN-5.
    \26\ See Country-Specific AD Initiation Checklists at Attachment 
III (Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Brass Rod from Brazil, India, Israel, the Republic of 
Korea, Mexico, and South Africa).
    \27\ See Country-Specific AD Initiation Checklists at Attachment 
III; see also section 771(7)(G)(ii)(IV) of the Act; and Statement of 
Administrative Action Accompanying the Uruguay Round Agreements Act, 
H.R. Doc. 103-216, Vol. 1 (1994), at 850 (``Imports from Israel may 
not be cumulated with imports from other countries unless the 
{ITC{time}  first determines that the domestic industry is 
materially injured by reason of such imports from Israel.'').
---------------------------------------------------------------------------

Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate AD investigations of 
imports of brass rod from Brazil, India, Israel, Mexico, Korea, and 
South Africa. The sources of data for the deductions and adjustments 
relating to U.S. price and normal value (NV) are discussed in greater 
detail in the Country-Specific AD Initiation Checklists.

U.S. Price

    For Israel, the petitioners based export price (EP) on pricing 
information obtained through market research for brass rod sold in 
Israel and offered for sale in the United States. The

[[Page 33578]]

petitioners made certain adjustments to U.S. price to calculate a net 
ex-factory U.S. price, where appropriate.\28\
---------------------------------------------------------------------------

    \28\ See Israel AD Initiation Checklist.
---------------------------------------------------------------------------

    For Brazil, India, and Korea, the petitioners based EP on 
transaction-specific average unit values (AUV) (i.e., month- and port-
specific AUVs) derived from official import data and tied to ship 
manifest data. For these countries, the petitioners did not make any 
adjustments to U.S. price to calculate a net ex-factory U.S. price.\29\
---------------------------------------------------------------------------

    \29\ See Brazil, India, Mexico, and Korea Country-Specific AD 
Initiation Checklists.
---------------------------------------------------------------------------

    For Mexico and South Africa, the petitioners based EP on the AUVs 
derived from official import data for imports of brass rod from Mexico/
South Africa into the United States during the POI. The petitioners did 
not make any adjustments to U.S. price to calculate a net ex-factory 
U.S. price.\30\
---------------------------------------------------------------------------

    \30\ See Mexico and South Africa Country-Specific AD Initiation 
Checklists.
---------------------------------------------------------------------------

Normal Value 31
---------------------------------------------------------------------------

    \31\ In accordance with section 773(b)(2) of the Act, for these 
investigations, Commerce will request information necessary to 
calculate the constructed value and COP to determine whether there 
are reasonable grounds to believe or suspect that sales of the 
foreign like product have been made at prices that represent less 
than the COP of the product.
---------------------------------------------------------------------------

    For Brazil, Israel, and Mexico, the petitioners based NV on home 
market prices obtained through market research for brass rod produced 
in and sold, or offered for sale, in each country during the applicable 
time period.\32\ Further, for Mexico, the petitioners made certain 
adjustments to home market price to calculate a net ex-factory home 
market price, where appropriate.\33\
---------------------------------------------------------------------------

    \32\ See Country-Specific AD Initiation Checklists.
    \33\ See Petitions at Volume II (pages 6-7 and Exhibit AD-5).
---------------------------------------------------------------------------

    For India, Korea, and South Africa, the petitioners stated they 
were unable to obtain home market or third country pricing information 
for brass rod to use as a basis for NV.\34\ Therefore, for India, 
Korea, and South Africa, the petitioners calculated NV based on 
constructed value (CV).\35\ For further discussion of CV, see the 
section ``Normal Value Based on Constructed Value,'' below.
---------------------------------------------------------------------------

    \34\ See Country-Specific AD Initiation Checklists.
    \35\ Id.
---------------------------------------------------------------------------

Normal Value Based on Constructed Value

    As noted above, for India, Korea, and South Africa, the petitioners 
were unable to obtain home market or third country pricing information 
for brass rod to use as the basis for NV. Accordingly, the petitioners 
based NV on CV. Pursuant to section 773(e) of the Act, the petitioners 
calculated CV as the sum of the cost of manufacturing, selling, 
general, and administrative (SG&A) expenses, financial expenses, and 
profit.\36\
---------------------------------------------------------------------------

    \36\ Id.
---------------------------------------------------------------------------

    In calculating the cost of manufacturing, the petitioners relied on 
the production experience and input consumption rates of a U.S. 
producer of brass rod, valued using publicly-available information 
applicable to each respective country.\37\ In calculating SG&A 
expenses, financial expenses, and profit ratios (where applicable), the 
petitioners relied on the calendar year 2022 financial statements of a 
producer of identical merchandise domiciled in each respective subject 
country or a third country, where appropriate.\38\
---------------------------------------------------------------------------

    \37\ Id.
    \38\ Id.
---------------------------------------------------------------------------

Fair Value Comparisons

    Based on the data provided by the petitioners, there is reason to 
believe that imports of brass rod from Brazil, India, Israel, Mexico, 
Korea, and South Africa, are being, or are likely to be, sold in the 
United States at LTFV. Based on comparisons of EP to NV in accordance 
with sections 772 and 773 of the Act, the estimated dumping margins for 
brass rod for each of the countries covered by this initiation are as 
follows: (1) Brazil--77.14 percent; (2) India--16.52 percent; (3) 
Israel--40.12 percent; (4) Mexico--29.43 percent; (5) Korea--20.82; and 
(6) South Africa--20.99 percent.\39\
---------------------------------------------------------------------------

    \39\ See Country-Specific AD Initiation Checklists for details 
of the calculations.
---------------------------------------------------------------------------

Initiation of LTFV Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating AD investigations to determine 
whether imports of brass rod from Brazil, India, Israel, Mexico, Korea, 
and South Africa are being, or are likely to be, sold in the United 
States at LTFV. In accordance with section 733(b)(1)(A) of the Act and 
19 CFR 351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 140 days after the date of these 
initiations.

Respondent Selection

    In the Petitions, the petitioners identified one company each in 
Brazil, India, Israel, and South Africa as producers/exporters of brass 
rod, and two companies each in Mexico and Korea, as producers/exporters 
of brass rod.\40\ Following standard practice in AD investigations 
involving market economy countries, in the event Commerce determines 
that the number of exporters or producers is large such that Commerce 
cannot individually examine each company based on its resources, where 
appropriate, Commerce intends to select mandatory respondents in these 
cases based on U.S. Customs and Border Protection (CBP) data for U.S. 
imports under the appropriate Harmonized Tariff Schedule of the United 
States subheadings listed in the ``Scope of the Investigations,'' in 
the appendix.
---------------------------------------------------------------------------

    \40\ See Petitions at Volume I (pages 12-14 and Exhibit GEN-3).
---------------------------------------------------------------------------

    On May 16, 2023, Commerce released CBP data on imports of brass rod 
from Brazil, India, Israel, Mexico, Korea, and South Africa under 
administrative protective order (APO) to all parties with access to 
information protected by APO and indicated that interested parties 
wishing to comment on CBP data and/or respondent selection must do so 
within three business days of the publication date of the notice of 
initiation of these investigations.\41\ Comments must be filed 
electronically using ACCESS. An electronically-filed document must be 
received successfully in its entirety via ACCESS by 5:00 p.m. ET on the 
specified deadline. Commerce will not accept rebuttal comments 
regarding the CBP data or respondent selection.
---------------------------------------------------------------------------

    \41\ See Memoranda, ``Antidumping Duty Petition on Imports of 
Brass Rod from Brazil: Release of U.S. Customs and Border Protection 
Data,'' dated May 16, 2023; ``Antidumping Duty Petition on Imports 
of Brass Rod from India: Release of U.S. Customs and Border 
Protection Data,'' dated May 16, 2023; ``Antidumping Duty Petition 
on Imports of Brass Rod from Israel: Release of U.S. Customs and 
Border Protection Data,'' dated May 16, 2023; ``Antidumping Duty 
Petition on Imports of Brass Rod from Mexico: Release of U.S. 
Customs and Border Protection Data,'' dated May 16, 2023; 
``Antidumping Duty Petition on Imports of Brass Rod from the 
Republic of Korea: Release of U.S. Customs and Border Protection 
Data,'' dated May 16, 2023; and ``Antidumping Duty Petition on 
Imports of Brass Rod from South Africa: Release of U.S. Customs and 
Border Protection Data,'' dated May 16, 2023.
---------------------------------------------------------------------------

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://access.trade.gov/Resources/Administrative_Protective_Order.aspx.

Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of Brazil, India, Israel, Mexico, Korea, 
and South Africa via ACCESS. To the extent practicable, we will attempt 
to provide a copy of the

[[Page 33579]]

public version of the AD Petitions to each exporter named in the 
Petitions, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of brass rod from Brazil, India, Israel, 
Mexico, Korea, and/or South Africa, are materially injuring, or 
threatening material injury to, a U.S. industry.\42\ A negative ITC 
determination for any country will result in the investigation being 
terminated with respect to that country.\43\ Otherwise, these AD 
investigations will proceed according to statutory and regulatory time 
limits.
---------------------------------------------------------------------------

    \42\ See section 733(a) of the Act.
    \43\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \44\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\45\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in these investigations.
---------------------------------------------------------------------------

    \44\ See 19 CFR 351.301(b).
    \45\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act, Commerce will respond to such a submission consistent with 19 
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 
773(e) of the Act, then it will modify its dumping calculations 
appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), 
sets a deadline for the submission of PMS allegations and supporting 
factual information. However, in order to administer section 773(e) of 
the Act, Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's initial 
response to section D of Commerce's AD questionnaire.

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, Commerce may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, Commerce will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, standalone submission; under limited circumstances, 
Commerce will grant untimely filed requests for the extension of time 
limits, where we determine, based on 19 CFR 351.302, that extraordinary 
circumstances exist. Parties should review Commerce's regulations 
concerning the extension of time limits and the Time Limits Final Rule 
prior to submitting factual information in these investigations.\46\
---------------------------------------------------------------------------

    \46\ See 19 CFR 351.302; see also, e.g., Extension of Time 
Limits; Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits 
Final Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\47\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\48\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
---------------------------------------------------------------------------

    \47\ See section 782(b) of the Act.
    \48\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letter of 
appearance). Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\49\
---------------------------------------------------------------------------

    \49\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: May 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigations

    The products covered by these investigations are brass rod and 
bar (brass rod), which is defined as leaded, low-lead, and no-lead 
solid brass made from alloys such as, but not limited to the 
following alloys classified under the Unified Numbering System (UNS) 
as C27450, C27451, C27460, C34500, C35000, C35300, C35330, C36000, 
C36300, C37000, C37700, C48500, C67300, C67600, and C69300, and 
their international equivalents.
    The brass rod subject to these investigations has an actual 
cross-section or outside diameter greater than 0.25 inches but less 
than or equal to 12 inches. Brass rod cross-sections may be round, 
hexagonal,

[[Page 33580]]

square, or octagonal shapes as well as special profiles (e.g., 
angles, shapes).
    Standard leaded brass rod covered by the scope contains, by 
weight, 57.0-65.0 percent copper; 0.5-3.0 percent lead; no more than 
1.3 percent iron; and at least 15 percent zinc. No-lead or low-lead 
brass rod covered by the scope contains by weight 59.0-76.0 percent 
copper; 0-1.5 percent lead; no more than 0.35 percent iron; and at 
least 15 percent zinc. Brass rod may also include other chemical 
elements (e.g., nickel, phosphorous, silicon, tin, etc.).
    Brass rod may be in straight lengths or coils. Brass rod covered 
by these investigations may be finished or unfinished, and may or 
may not be heated, extruded, pickled, or cold-drawn. Brass rod may 
be produced in accordance with ASTM B16, ASTM B124, ASTM B981, ASTM 
B371, ASTM B453, ASTM B21, ASTM B138, and ASTM B927, but such 
conformity to an ASTM standard is not required for the merchandise 
to be included within the scope.
    Excluded from the scope of these investigations is brass ingot, 
which is a casting of unwrought metal unsuitable for conversion into 
brass rod without remelting, that contains, by weight, at least 57.0 
percent copper and 15.0 percent zinc.
    The merchandise covered by these investigations is currently 
classifiable under subheadings 7407.21.9000, 7407.21.7000, and 
7407.21.1500 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Products subject to the scope may also enter under HTSUS 
subheadings 7403.21.0000, 7407.21.3000, and 7407.21.5000. The HTSUS 
subheadings and UNS alloy designations are provided for convenience 
and customs purposes. The written description of the scope of the 
investigations is dispositive.

[FR Doc. 2023-11002 Filed 5-23-23; 8:45 am]
BILLING CODE 3510-DS-P