[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 83900-83902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26414]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-915]


Brass Rod From India: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value, Postponement of Final Determination, and 
Extension of Provisional Measures

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that brass rod from India is being, or likely to be, sold in 
the United States at less than fair value (LTFV). The period of 
investigation is April 1, 2022, through March 31, 2023. Interested 
parties are invited to comment on this preliminary determination.

DATES: Applicable December 1, 2023.

FOR FURTHER INFORMATION CONTACT: Christopher Williams or Allison 
Hollander, AD/CVD Operations, Office I, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5166 
or (202) 482-2805, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this LTFV investigation on May 
24, 2023.\1\ On September 8, 2023, Commerce postponed the preliminary 
determination of this investigation, and the revised deadline is now 
November 24, 2023.\2\
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    \1\ See Brass Rod from Brazil, India, Israel, Mexico, the 
Republic of Korea, and South Africa: Initiation of Less-Than-Fair-
Value Investigations, 88 FR 33575 (May 24, 2023) (Initiation 
Notice).
    \2\ See Brass Rod from Brazil, India, Israel, Mexico, the 
Republic of Korea, and South Africa: Postponement of Preliminary 
Determinations in the Less-Than-Fair-Value Investigations, 88 FR 
62054 (September 8, 2023).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II 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 https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination of Sales at Less Than Fair Value in the 
Investigation of Brass Rod from India,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Investigation

    The product covered by this investigation is brass rod from India. 
For a complete description of the scope of this investigation, see 
Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ in 
the Initiation Notice Commerce set aside a period of time for parties 
to raise issues regarding product coverage (i.e., scope).\5\ Certain 
interested parties commented on the scope of the investigation as it 
appeared in the Initiation Notice. For a summary of the product 
coverage comments and rebuttal responses submitted to the record for 
this investigation and accompanying discussion and analysis of all 
comments timely received, see the Preliminary

[[Page 83901]]

Scope Decision Memorandum.\6\ As discussed in the Preliminary Scope 
Decision Memorandum, Commerce preliminarily modified, in one respect, 
the scope language that appeared in the Initiation Notice. The scope in 
Appendix I reflects the modification.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 88 FR at 33576.
    \6\ See Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated September 25, 2023 (Preliminary Scope Decision Memorandum).
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    In the Preliminary Scope Decision Memorandum, Commerce established 
the deadline for parties to submit scope case and rebuttal briefs.\7\ 
Commerce intends to issue a final scope decision with the final 
determination in the concurrent countervailing duty investigation of 
brass rod from India, currently due on December 11, 2023.
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    \7\ Case briefs, other written comments, and rebuttal briefs 
submitted by parties in response to this preliminary LTFV 
determination should not include scope-related issues. See 
Preliminary Scope Decision Memorandum, and ``Public Comment'' 
section of this notice.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce calculated export prices in accordance 
with section 772(a) of the Act. Normal value is calculated in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that 
in the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    Commerce calculated individual estimated weighted-average dumping 
margins for Rajhans Metals Pvt Ltd (Rajhans) and Shree Extrusions 
Limited (Shree), the two mandatory respondents, that are not zero, de 
minimis, or based entirely on facts otherwise available. Because the 
individually calculated dumping margins are not zero, de minimis, or 
based entirely on facts otherwise available, Commerce calculated the 
all-others rate using a weighted average of the estimated weighted-
average dumping margins calculated for the examined respondents using 
each company's publicly-ranged U.S. sales values for the merchandise 
under consideration, pursuant to 735(c)(5)(A) of the Act.\8\
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    \8\ With two respondents under examination, Commerce normally 
calculates (A) a weighted-average of the estimated weighted-average 
dumping margins calculated for the examined respondents; (B) a 
simple average of the estimated weighted-average dumping margins 
calculated for the examined respondents; and (C) a weighted-average 
of the estimated weighted-average dumping margins calculated for the 
examined respondents using each company's publicly-ranged U.S. sales 
values for the merchandise under consideration. Commerce then 
compares (B) and (C) to (A) and selects the rate closest to (A) as 
the most appropriate rate for all other producers and exporters. See 
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, 
and the United Kingdom: Final Results of Antidumping Duty 
Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53662 
(September 1, 2010), and accompanying Issues and Decision Memorandum 
at Comment 1; see also Memorandum, ``All Others Rate,'' dated 
concurrently with this notice.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                   Estimated
                                                   weighted-   Adjusted
                                                    average      cash
                Exporter/producer                   dumping     deposit
                                                    margin       rate
                                                   (percent)   (percent)
------------------------------------------------------------------------
Rajhans Metals Pvt Ltd..........................        9.41        6.42
Shree Extrusions Limited........................       10.95        7.96
All Others......................................        9.52        6.53
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register.
    Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit equal 
to the estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) the cash deposit rates for the respondents 
listed above will be equal to the company-specific estimated weighted-
average dumping margins calculated in this preliminary determination; 
(2) if the exporter is not a respondent identified above, but the 
producer is, then the cash deposit rate will be equal to the company-
specific estimated weighted-average dumping margin established for that 
producer of the subject merchandise; and (3) the cash deposit rate for 
all other producers and exporters will be equal to the all-others 
estimated weighted-average dumping margin.
    Commerce normally adjusts cash deposits for estimated antidumping 
duties by the amount of export subsidies countervailed in a companion 
CVD investigation, when CVD provisional measures are in effect. 
Accordingly, where Commerce preliminarily made an affirmative 
determination for countervailable export subsidies, Commerce has offset 
the estimated weighted-average dumping margin by the appropriate export 
subsidy rate. Any such adjusted cash deposit rate may be found in the 
``Preliminary Determination'' section above.
    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting estimated 
antidumping duty cash deposits unadjusted for countervailed export 
subsidies at the time that the provisional CVD measures expire.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments on non-scope issues may be 
submitted to the Assistant Secretary for Enforcement and Compliance no 
later than seven days after the date on which the last verification 
report is issued in this investigation. 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.\9\ Interested parties who submit 
case briefs or rebuttal briefs in this proceeding must submit: (1) a 
table of contents listing each issue; and (2) a table of 
authorities.\10\ As provided under 19 CFR 351.309(c)(2) and (d)(2), in 
prior proceedings we have encouraged

[[Page 83902]]

interested parties to provide an executive summary of their brief that 
should be limited to five pages total, including footnotes. In this 
investigation, we instead request that interested parties provide at 
the beginning of their briefs a public, executive summary for each 
issue raised in their briefs.\11\ Further, we request that interested 
parties limit their executive summary of each issue to no more than 450 
words, not including citations. We intend to use the executive 
summaries as the basis of the comment summaries included in the issues 
and decision memorandum that will accompany the final determination in 
this investigation. We request that interested parties include 
footnotes for relevant citations in the executive summary of each 
issue. Note that Commerce has amended certain of its requirements 
pertaining to the service of documents in 19 CFR 351.303(f).\12\
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    \9\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023).
    \10\ See 19 351.309(c)(2) and (d)(2).
    \11\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \12\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice in the Federal Register. 
Requests should contain the party's name, address, and telephone 
number, the number of participants, whether any participant is a 
foreign national, and a list of the issues to be discussed. If a 
request for a hearing is made, Commerce intends to hold the hearing at 
a time and date to be determined. Parties should confirm by telephone 
the date, time, and location of the hearing two days before the 
scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination in the Federal Register 
if, in the event of an affirmative preliminary determination, a request 
for such postponement is made by exporters who account for a 
significant proportion of exports of the subject merchandise, or in the 
event of a negative preliminary determination, a request for such 
postponement is made by the petitioner. Section 351.210(e)(2) of 
Commerce's regulations requires that a request by an exporter for 
postponement of the final determination be accompanied by a request for 
extension of provisional measures from a four-month period to a period 
not more than six months in duration.\13\
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    \13\ See 19 CFR 351.210(e)(2).
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    On October 31, 2023, pursuant to 19 CFR 351.210(e), Rajhans 
requested that Commerce postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\14\
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    \14\ See Rajhans' Letter, ``Request to Postpone the Final 
Determination,'' dated October 31, 2023.
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    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because (1) the preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination in the Federal 
Register, pursuant to section 735(a)(2) of the Act.\15\
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    \15\ See 19 CFR 351.210(b)(2)(ii).
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U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports of brass rod from India are materially injuring, 
or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This preliminary determination is issued and published in 
accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 
351.205(c).

    Dated: November 24, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products covered by this investigation 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 this investigation 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, square, or octagonal shapes as well as special profiles 
(e.g., angles, shapes), including hollow profiles.
    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 this investigation 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 this investigation 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 this investigation 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 
investigation is dispositive.

Appendix II

List of Sections in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Discussion of the Methodology
VI. Adjustments to Cash Deposit Rate for Export Subsidies
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2023-26414 Filed 11-30-23; 8:45 am]
BILLING CODE 3510-DS-P