89 FR 188 pgs. 79243-79245 - Brass Rod From Israel: Antidumping Duty and Countervailing Duty Orders
Type: NOTICEVolume: 89Number: 188Pages: 79243 - 79245
Pages: 79243, 79244, 79245Docket number: [A-508-814, C-508-815]
FR document: [FR Doc. 2024-22206 Filed 9-26-24; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-508-814, C-508-815]
Brass Rod From Israel: Antidumping Duty and Countervailing Duty Orders
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) and countervailing duty (CVD) orders on brass rod from Israel.
DATES:
Applicable September 27, 2024.
FOR FURTHER INFORMATION CONTACT:
Andrew Hart (AD) at (202) 482-1058 or Zachary Shaykin (CVD) at (202) 482-2638, AD/CVD Operations, Offices II and IV, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of 1930, as amended (the Act), on August 5, 2024, Commerce published its affirmative final determination of sales at less than fair value (LTFV) and its affirmative final determination that countervailable subsidies are being provided to producers and exporters of brass rod from Israel. 1 On September 19, 2024, pursuant to sections 705(d) and 735(d) of the Act, the ITC notified Commerce of its final affirmative determinations that an industry in the United States (U.S.) is materially injured by reason of dumped imports and subsidized imports of brass rod from Israel, within the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act. 2
Footnotes:
1 ? See Brass Rod from Israel: Final Affirmative Determination of Sales at Less Than Fair Value, 89 FR 63402 (August 5, 2024); and Brass Rod from Israel: Final Affirmative Countervailing Duty Determination, 89 FR 63410 (August 5, 2024).
2 ? See ITC Letter, "Notification of ITC Final Determinations," dated September 19, 2024 (ITC Notification Letter).
Scope of the Orders
The merchandise covered by these orders is brass rod from Israel. For a complete description of the scope of these orders, see the appendix to this notice.
Antidumping Duty Order
On September 19, 2024, in accordance with section 735(d) of the Act, the ITC notified Commerce of its final determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of brass rod that are sold in the United States at LTFV. Therefore, in accordance with section 735(c)(2) and 736 of the Act, Commerce is issuing this AD order. Because the ITC determined that imports of brass rod from Israel are materially injuring a U.S. industry, unliquidated entries of such merchandise from Israel, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of brass rod from Israel. Antidumping duties will be assessed on unliquidated entries of brass rod from Israel entered, or withdrawn from warehouse, for consumption on or after December 14, 2023, the date of publication of the AD Preliminary Determination but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC's final injury determination, as further described below. 3
Footnotes:
3 ? 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) ( AD Preliminary Determination ).
Suspension of Liquidation and Cash Deposits-AD
Commerce intends to instruct CBP to reinstitute the suspension of liquidation of brass rod from Israel, effective on the date of publication of the ITC's final affirmative injury determination in the Federal Register , and to assess, upon further instruction by Commerce, antidumping duties on each entry of subject merchandise based on the estimated weighted-average dumping margins indicated in the table below. On or after the date of publication of the ITC's final injury determination in the Federal Register , Commerce also intends to instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins indicated in the tables below. Accordingly, effective on the date of publication in the Federal Register of the notice of the ITC's final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated customs duties on this subject merchandise, a cash deposit equal to the rates listed in the table below.
Estimated Weighted-Average Antidumping Duty Margins
The estimated weighted-average dumping margins are as follows:
| Exporter or producer | Weighted- average dumping margin (percent) |
|---|---|
| Finkelstein Metals Ltd | 19.48 |
| All Others | 19.48 |
Provisional Measures-AD
Section 733(d) of the Act states that suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request that Commerce extend the four-month period to no more than six months. At the request of exporters that accounted for a significant proportion of exports of brass rod from Israel, Commerce extended the four-month period to no more than six-months. 4 In the underlying investigation, Commerce published the AD Preliminary Determination on December 14, 2023. Therefore, the six-month period beginning on the date of the publication of the AD Preliminary Determination ended on June 10, 2024.
Footnotes:
4 ? See AD Preliminary Determination.
[top] For all companies, in accordance with section 733(d) of the Act, we instructed CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of brass rod from Israel entered, or withdrawn from warehouse, for consumption, on or after June 11, 2024, the first day provisional measures were no longer in effect, until and through the day preceding the date of publication of the ITC's final injury determination in the Federal Register .
CVD Order
As stated above, based on the above-referenced affirmative final determination by the ITC that an industry in the United States is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act by reason of subsidized imports of brass rod from Israel, 5 in accordance with section 705(c)(2) of the Act, Commerce is issuing this CVD order. Moreover, because the ITC determined that imports of brass rod from Israel are materially injuring a U.S. industry, 6 unliquidated entries of subject merchandise from Israel entered, or withdrawn from warehouse, for consumption, are subject to the assessment of countervailing duties.
Footnotes:
5 ? See ITC Notification Letter.
6 ? Id.
Therefore, in accordance with section 706(a) of the Act, Commerce intends to direct CBP to assess, upon further instruction by Commerce, countervailing duties on all relevant entries of brass rod from Israel, which are entered, or withdrawn from warehouse, for consumption on or after September 29, 2023, the date of publication of the CVD Preliminary Determination, but will not include entries occurring after the expiration of the provisional measures period and before the publication of the ITC's final injury determination under section 705(b) of the Act, as further described in the "Provisional Measures-CVD" section of this notice. 7
Footnotes:
7 ? See Brass Rod from Israel: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 88 FR 67236 (September 29, 2023) ( CVD Preliminary Determination ).
Suspension of Liquidation and Cash Deposits-CVD
In accordance with section 706 of the Act, Commerce intends to instruct CBP to reinstitute the suspension of liquidation of brass rod from Israel, effective on the date of publication of the ITC's final affirmative injury determination in the Federal Register , and to assess, upon further instruction by Commerce, pursuant to section 706(a)(1) of the Act, countervailing duties on each entry of subject merchandise in an amount based on the net countervailable subsidy rates below. On or after the date of publication of the ITC's final injury determination in the Federal Register , CBP must require, at the same time as importers would normally deposit estimated customs duties on this merchandise, a cash deposit equal to the rates listed in the table below. These instructions suspending liquidation will remain in effect until further notice. The all-others rate applies to all producers or exporters not specifically listed below, as appropriate.
Estimated Countervailing Duty Subsidy Rates
The estimated countervailing duty subsidy rates are as follows:
| Company | Subsidy rate (percent ad valorem ) |
|---|---|
| Finkelstein Metals Ltd | 1.89 |
| All Others | 1.89 |
Provisional Measures-CVD
Section 703(d) of the Act states that the suspension of liquidation pursuant to an affirmative preliminary determination may not remain in effect for more than four months. Commerce published the CVD Preliminary Determination on September 29, 2023. 8 As such, the four-month period beginning on the date of the publication of the CVD Preliminary Determination ended on January 26, 2024.
Footnotes:
8 ? Id.
For all companies, in accordance with section 703(d) of the Act, we instructed CBP to terminate the suspension of liquidation and to liquidate, without regard to countervailing duties, unliquidated entries of brass rod from Israel entered, or withdrawn from warehouse, for consumption, on or after January 27, 2024, the first day provisional measures were no longer in effect, until and through the day preceding the date of publication of the ITC's final injury determination in the Federal Register . Suspension of liquidation and the collection of cash deposits will resume on the date of publication of the ITC's final determination in the Federal Register .
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the Federal Register . 9 On September 27, 2021, Commerce also published the Procedural Guidance in the Federal Register . 10 The Final Rule and Procedural Guidance provide that Commerce will maintain an annual inquiry service list for each order or suspended investigation, and any interested party submitting a scope ruling application or request for circumvention inquiry shall serve a copy of the application or request on the persons on the annual inquiry service list for that order, as well as any companion order covering the same merchandise from the same country of origin.
Footnotes:
9 ? See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021) ( Final Rule ).
10 ? See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions, 86 FR 53205 (September 27, 2021) ( Procedural Guidance ).
In accordance with the Procedural Guidance, for orders published in the Federal Register after November 4, 2021, Commerce will create an annual inquiry service list segment in Commerce's online e-filing and document management system, Antidumping and Countervailing Duty Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the notice of the order. Each annual inquiry service list will be saved in ACCESS, under each case number, and under a specific segment type called "AISL-Annual Inquiry Service List."? 11
Footnotes:
11 ?This segment will be combined with the ACCESS Segment Specific Information (SSI) field which will display the month in which the notice of the order or suspended investigation was published in the Federal Register , also known as the anniversary month. For example, for an order under case number A-000-000 that was published in the Federal Register in January, the relevant segment and SSI combination will appear in ACCESS as "AISL-January Anniversary." Note that there will be only one annual inquiry service list segment per case number, and the anniversary month will be pre-populated in ACCESS.
Interested parties who wish to be added to the annual inquiry service list for an order must submit an entry of appearance to the annual inquiry service list segment for the order in ACCESS within 30 days after the date of publication of the order. For ease of administration, Commerce requests that law firms with more than one attorney representing interested parties in an order designate a lead attorney to be included on the annual inquiry service list. Commerce will finalize the annual inquiry service list within five business days thereafter. As mentioned in the Procedural Guidance, 12 the new annual inquiry service list will be in place until the following year, when the Opportunity Notice for the anniversary month of the order is published.
Footnotes:
12 ? See Procedural Guidance, 86 FR at 53206.
[top] Commerce may update an annual inquiry service list at any time as needed based on interested parties' amendments to their entries of
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, "after an initial request and placement on the annual inquiry service list, both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow."? 13 Accordingly, as stated above, the petitioner and the Government of Israel should submit their initial entries of appearance after publication of this notice in order to appear in the first annual inquiry service lists for these orders. Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Government of Israel will not need to resubmit their entries of appearance each year to continue to be included on the annual inquiry service list. However, the petitioner and the Government of Israel are responsible for making amendments to their entries of appearance during the annual update to the annual inquiry service list in accordance with the procedures described above.
Footnotes:
13 ? See Final Rule, 86 FR at 52335.
Notification to Interested Parties
This notice constitutes the AD order with respect to brass rod from Israel and the CVD order with respect to brass rod from Israel, pursuant to sections 706(a) and 736(a) of the Act. Interested parties can find a list of AD and CVD orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
These orders are issued and published in accordance with sections 706(a) and 736(a) of the Act and 19 CFR 351.211(b).
Dated: September 23, 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
Scope of the Orders
The products within the scope of these orders 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 orders 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 these orders 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 orders 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 orders 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 these orders is dispositive.
[FR Doc. 2024-22206 Filed 9-26-24; 8:45 am]
BILLING CODE 3510-DS-P