[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Notices]
[Pages 20214-20216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11122]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-602]
Brass Sheet and Strip from Germany; Preliminary Results of
Antidumping Duty Administrative Review and Notice of Intent To Revoke
Order in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Preliminary Results of Antidumping Duty
Administrative Review and Notice of Intent to Revoke Order in Part.
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SUMMARY: In response to a request by the respondent, the Department of
Commerce (the Department) is conducting an administrative review of the
antidumping duty order on brass sheet and strip from Germany. The
review covers one manufacturer/exporter of this merchandise to the
United States, Wieland-Werke AG (Wieland). The period covered is March
1, 1994 through February 28, 1995. As a result of the review, the
Department has preliminarily determined that no dumping margins exist
for this respondent. We intend to revoke the order with respect to
brass sheet and strip from Germany manufactured by Wieland, based on
our preliminary determination that Wieland has had a three-year period
of no or de minimis sales at less than foreign market value.
We invite interested parties to comment on these preliminary
results. Parties who submit argument in this proceeding are requested
to submit with the argument (1) a statement of the issue and (2) a
brief summary of the argument.
EFFECTIVE DATE: May 6, 1996.
FOR FURTHER INFORMATION CONTACT: Thomas Killiam or John Kugelman,
Office of Antidumping Compliance, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
2704 or 482-0649, respectively.
Applicable Statute
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act) by the
Uruguay Round Agreements Act (URAA). In addition, unless otherwise
indicated, all citations to the Department's regulations are to the
current regulations, as amended by the interim regulations published in
the Federal Register on May 11, 1995 (60 FR 25130).
SUPPLEMENTARY INFORMATION:
Background
On March 6, 1987, the Department published in the Federal Register
(52 FR 6997) the antidumping duty order on brass sheet and strip from
Germany. The Department published a notice of ``Opportunity to Request
an Administrative Review'' of the antidumping duty order for the 1994-
1995 period on March 7, 1995 (60 FR 12540). On March 31, 1995, we
received a request for review from Wieland covering the period March 1,
1994 through February 28, 1995. We published a notice of initiation of
this antidumping duty administrative review on April 14, 1995 (60 FR
19017).
As explained in the memoranda from the Assistant Secretary for
Import Administration dated November 22, 1995, and January 11, 1996,
all
[[Page 20215]]
deadlines were extended to take into account the partial shutdowns of
the Federal Government from November 15 through November 21, 1995 and
December 15, 1995, through January 6, 1996. Therefore, the deadline for
these preliminary results is no later than April 29, 1996, and the
deadline for the final results of review is no later than August 27,
1996.
The Department is now conducting this administrative review in
accordance with section 751 of the Act.
Scope of the Review
Imports covered by this review are sales or entries of brass sheet
and strip, other than leaded and tinned brass sheet and strip. The
chemical composition of the products under review is currently defined
in the Copper Development Association (C.D.A.) 200 Series or the
Unified Numbering System (U.N.S.) C20000 series. This review does not
cover products for which the chemical compositions are defined by other
C.D.A. or U.N.S. series. The merchandise is currently classified under
Harmonized Tariff Schedule (HTS) item numbers 7409.21.00 and
7409.29.20. The HTS item numbers are provided for convenience and
Customs purposes. The written description remains dispositive.
The review period is March 1, 1994 through February 28, 1995. The
review involves one manufacturer/ exporter, Wieland.
Verification
As provided in section 782(i) of the Tariff Act, we verified
information provided by the respondent, Wieland, by using our standard
verification procedures, including the examination of relevant sales
and financial records and selection of original documentation
containing relevant information. Our verification results are outlined
in the public version of the verification report.
Intent To Revoke
Wieland submitted a request, in accordance with 19 C.F.R.
353.25(b), to revoke the order covering brass sheet and strip from
Germany with respect to Wieland's sales of this merchandise.
In accordance with 19 C.F.R. 353.25(a)(2)(iii), this request was
accompanied by certifications from the firm that it had not sold the
relevant class or kind of merchandise at less than normal value (NV)
for a three-year period including this review period, and would not do
so in the future. Wieland also agreed to its immediate reinstatement in
the relevant antidumping duty order, as long as any firm is subject to
this order, if the Department concludes under 19 C.F.R. 353.22(f) that,
subsequent to revocation, it sold the subject merchandise at less than
NV.
In the two prior reviews of this order, we determined that Wieland
did not sell brass sheet and strip from Germany at less than foreign
market value. The Department conducted a verification of Wieland's
response for this period of review. In this review, we preliminarily
determine that Wieland has not sold brass sheet and strip from Germany
at less than NV in the United States. Therefore, we intend to revoke
the order with respect to Wieland's sales of this merchandise, if these
preliminary findings are affirmed in our final results.
United States Price (USP)
In calculating USP for Wieland, we used export price (EP), as
defined in section 772 of the Act, because the merchandise was sold to
unaffiliated U.S. purchasers prior to the date of importation and
because no other circumstances indicated that constructed export price
was appropriate. We calculated EP based on prices that were delivered
to the customers' premises. In accordance with section 772(c)(1) of the
Act, we adjusted USP, less early payment discounts, for brokerage and
handling, foreign and U.S. inland freight, and customs duty. We did not
adjust for packing expense, which was included in reported U.S. prices.
No other adjustments to EP were claimed or allowed.
Normal Value
A. Viability
In order to determine whether there was a sufficient volume of
sales in the home market to serve as a viable basis for calculating NV,
we compared Wieland's volume of home market sales of the foreign like
product to the volume of U.S. sales of the subject merchandise, in
accordance with section 773(a)(1)(B) of the Act. Because Wieland's
aggregate volume of home market sales of the foreign like product was
greater than five percent of its aggregate volume of U.S. sales of the
subject merchandise, we determined that the home market provides a
viable basis for calculating NV for Wieland.
B. Model-Matching
We calculated NV using prices of sales of brass sheet having the
same characteristics as to form, coat, gauge, width, and alloy. We used
the same gauge and width groupings and the same model-match methodology
in this review as in the last completed administrative reviews (1990-
1994).
C. Price-to-Price Comparisons
We calculated NV using monthly weighted-average prices of brass
sheet and strip having the same characteristics as to form, coat,
gauge, width, and alloy. We based NV on the price at which the foreign
like product is first sold for consumption in the exporting country, in
the usual commercial quantities and in the ordinary course of trade,
and at the same level of trade as the export price, as defined by
section 773(a)(1)(B)(i) of the Act.
We reduced NV for early payment discounts and credit, in accordance
with section 773(a)(6)(C)(iii), due to differences in circumstances of
sale. We reduced NV for movement expenses, in accordance with section
773(a)(6)(B)(ii), and for packing costs incurred in the home market, in
accordance with section 773(a)(6)(B)(i). We increased NV for export
packing costs, in accordance with section 773(a)(6)(A), and for U.S.
credit expenses, in accordance with section 773(a)(6)(C)(iii) of the
Act. We added to NV adjustments for physical differences in the
merchandise, in accordance with section 773(a)(6)(C)(ii) of the Act.
No other adjustments to NV were claimed or allowed.
Preliminary Results of the Review
As a result of our comparison of EP to NV, we preliminarily
determine that a zero dumping margin exists for Wieland for the period
3/1/94-2/28/95.
Parties to the proceeding may request disclosure within five days
of the date of publication of this notice. Any interested party may
request a hearing within 10 days of publication of this notice. Any
hearing will be held 44 days after the date of publication or the first
workday thereafter. Interested parties may submit case briefs within 30
days of the publication date of this notice. Rebuttal briefs, limited
to issues raised in the case briefs, may be filed not later than 37
days after the date of publication. The Department will publish a
notice of the final results of this administrative review, which will
include the results of its analysis of issues raised in any such case
briefs or at a hearing.
The following deposit requirements will be effective for all
shipments of the subject merchandise that are entered, or withdrawn
from warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(1) of the Act: (1) The cash deposit rate for Wieland will be the
rate established in the final results of this
[[Page 20216]]
review. (2) For previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period. (3) If the exporter
is not a firm covered in this review, a prior review, or the original
less-than-fair-value (LTFV) investigation, but the manufacturer is, the
cash deposit rate will be the rate established for the most recent
period for the manufacturer of the merchandise. (4) If neither the
manufacturer nor the exporter is a firm covered in this or any previous
review, the cash deposit rate will be 8.87 percent, the ``all others''
rate established in the LTFV investigation. These deposit requirements,
when imposed, shall remain in effect until publication of the final
results of the next administrative review.
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR Sec. 353.26 to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This administrative review and this notice are in accordance with
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.
Dated: April 26, 1996.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 96-11122 Filed 5-3-96; 8:45 am]
BILLING CODE 3510-DS-P
