[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Notices]
[Pages 63402-63404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17173]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-508-814]


Brass Rod From Israel: Final Affirmative Determination of Sales 
at Less Than Fair Value

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
brass rod from Israel is being, or is likely to be, sold in the United 
States at less than fair value (LTFV). The period of investigation 
(POI) is April 1, 2022, through March 31, 2023.

DATES: Applicable August 5, 2024.

FOR FURTHER INFORMATION CONTACT: Andrew Hart, AD/CVD Operations, Office 
II, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-1058.

SUPPLEMENTARY INFORMATION:

Background

    On December 14, 2023, Commerce published in the Federal Register 
its preliminary affirmative determination in the LTFV investigation of 
brass rod from Israel and invited interested parties to comment on the 
Preliminary Determination.\1\ On December 7, 2023, due to the outbreak 
of war in Israel and the consequent impacts on all parts of the 
country, and in consideration of the November 21, 2023 letters 
submitted by the Government of Israel,\2\ Commerce tolled all deadlines 
for this investigation for a period of 90 days.\3\ On July 22, 2024, 
Commerce tolled certain deadlines in this proceeding by seven days.\4\ 
The deadline for the final determination is now July 29, 2024.
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    \1\ See Brass Rod from Israel: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 88 FR 
86632 (December 14, 2023) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Government of Israel's Letter, ``Comments on Prelim 
Determination,'' dated November 21, 2023; and Embassy of Israel's 
Letter, ``Upcoming Preliminary Decision,'' dated November 21, 2023.
    \3\ See Memorandum, ``Tolling of Deadlines in the Less-Than-Fair 
Value Investigation of Brass Rod from Israel,'' dated December 7, 
2023.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    A summary of the events that occurred since Commerce published its 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum.\5\ 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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    \5\ See Memorandum, ``Decision Memorandum for the Final 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Brass Rod from Israel,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation

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

Scope Comments

    During this investigation, Commerce received scope comments from 
parties. Commerce issued a Preliminary Scope Decision Memorandum to 
address these comments and set aside a period for parties to address 
scope issues in scope-specific case and rebuttal briefs.\6\ We did not 
receive timely comments from any interested parties on the Preliminary 
Scope Decision Memorandum. Thus, we did not make any changes to the 
scope of the investigation from the scope published in the Preliminary 
Determination and included in Appendix I.\7\
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    \6\ See Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated September 25, 2023 (Preliminary Scope Decision Memorandum).
    \7\ See Brass Rod from India: Final Affirmative Countervailing 
Duty Determination, 88 FR 87407 (December 18, 2023); see also 
Preliminary Determination.
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Verification

    As provided in section 782(i)(1) of the Tariff Act of 1930, as 
amended (the Act), in April and May 2024, we verified the sales and 
cost information submitted by Finkelstein Metals Ltd. (Finkelstein) for 
use in our final determination. We used standard verification 
procedures, including an examination of relevant sales and accounting 
records, and original source documents provided by Finkelstein.\8\
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    \8\ See Memorandum, ``Verification of the Cost Response of 
Finkelstein Metals Ltd. in the Less-Than-Fair-Value Investigation of 
Brass Rods from Israel,'' dated June 5, 2024; Memorandum, ``U.S. 
Virtual Verification of the Response of Finkelstein Metals USA Inc. 
in the Less-Than-Fair-Value Investigation of Brass Rod from 
Israel,'' dated June 11, 2024; and Memorandum, ``Verification of the 
Sales Response of Finkelstein Metals Ltd. in the Antidumping Duty 
Investigation of Brass Rod from the Israel,'' dated June 11, 2024.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
interested parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached as Appendix II to this notice.

Changes Since the Preliminary Determination

    We made certain changes to the margin calculation for Finkelstein, 
since the Preliminary Determination.\9\ For a discussion of these 
changes, see the Issues and Decision Memorandum.
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    \9\ See Memorandum, ``Analysis for the Final Determination for 
Finkelstein Metals Ltd.,'' dated concurrently with this notice.
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All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other exporters and producers 
not individually examined shall be an amount equal to the weighted 
average of the estimated weighted-average dumping margins established 
for exporters and producers individually

[[Page 63403]]

investigated, excluding any zero and de minimis margins, and any 
margins determined entirely under section 776 of the Act.
    In this investigation, Commerce calculated an individual estimated 
weighted-average dumping margin for Finkelstein, the only individually 
examined exporter/producer. Because the only individually calculated 
dumping margin is not zero, de minimis, or based entirely on facts 
otherwise available, the estimated weighted-average dumping margin 
calculated for Finkelstein is the margin assigned to all other 
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist for the period, April 1, 2022, through March 31, 
2023:

------------------------------------------------------------------------
                                       Weighted-      Cash deposit rate
                                        average         (adjusted for
         Exporter/producer          dumping margin   subsidy offset(s))
                                       (percent)          (percent)
------------------------------------------------------------------------
Finkelstein Metals Ltd............           19.48  Not Applicable.
All Others........................           19.48  Not Applicable.
------------------------------------------------------------------------

Disclosure

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

Suspension of Liquidation

    As a result of our Preliminary Determination, and pursuant to 
sections 733(d)(2) and 733(d)(1)(B) of the Act and 19 CFR 351.205(d), 
Commerce instructed U.S. Customs and Border Protection (CBP) to collect 
cash deposits and suspend liquidation of entries of subject merchandise 
as described in the scope of the investigation, entered, or withdrawn 
from warehouse, for consumption on or after December 14, 2024, the date 
of publication of the Preliminary Determination in the Federal 
Register. In accordance with section 733(d)(2)(b) of the Act, we 
instructed CBP to discontinue the suspension of liquidation of all 
entries of subject merchandise entered or withdrawn from warehouse on 
or after June 11, 2024, but to continue the suspension of liquidation 
of all entries of subject merchandise on or before June 10, 2024.
    Pursuant to sections 736(a), 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), in the event of an affirmative injury determination by the 
U.S. International Trade Commission (ITC), we will issue an antidumping 
duty order, reinstate the suspension of liquidation, and require a cash 
deposit of estimated antidumping duties for such entries of subject 
merchandise in the amounts indicated above. Effective on the date of 
publication in the Federal Register of the ITC's final determination, 
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 rate for the companies listed 
above will be equal to the company-specific estimated weighted-average 
dumping margin determined in this final 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 proceeding when CVD provisional measures are in effect. 
Accordingly, where Commerce made a final affirmative determination for 
countervailable export subsidies, Commerce has offset the estimated 
weighted-average dumping margin by the appropriate CVD rate. Any such 
adjusted cash deposit rate may be found in the ``Final Determination'' 
section above.
    Pursuant to section 735(c)(2) of the Act, if the ITC determines 
that material injury, or threat of material injury, does not exist, 
this proceeding will be terminated, and all estimated duties deposited 
or securities posted as a result of the suspension of liquidation will 
be refunded or canceled.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of its final affirmative determination of sales at LTFV. Because 
Commerce's final determination is affirmative, in accordance with 
section 735(b)(2) of the Act, the ITC will make its final determination 
as to whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports or 
sales (or the likelihood of sales) for importation of brass rod from 
Israel no later than 45 days after this final determination. If the ITC 
determines that such injury does not exist, this proceeding will be 
terminated, and all cash deposits posted will be refunded and 
suspension of liquidation will be lifted. If the ITC determines that 
such injury does exist, Commerce will issue an antidumping duty order 
directing CBP to assess, upon further instruction by Commerce, 
antidumping duties on all imports of the subject merchandise, entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation, as discussed above in the 
``Suspension of Liquidation'' section.

Administrative Protective Order

    This notice serves as a final reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written 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 
the terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    This determination and this notice are issued and published in 
accordance with sections 735(d) and 777(i) of the Act, and 19 CFR 
351.210(c).


[[Page 63404]]


    Dated: July 29, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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 Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Changes from the Preliminary Determination
IV. Discussion of the Issue
    Comment: Whether to Grant a Level of Trade Adjustment
V. Recommendation

[FR Doc. 2024-17173 Filed 8-2-24; 8:45 am]
BILLING CODE 3510-DS-P