2011-18212. Brass Sheet and Strip From Germany: Notice of Rescission of Antidumping Duty Administrative Review

AGENCY:

Import Administration, International Trade Administration, U.S. Department of Commerce.

SUMMARY:

On April 27, 2011, the Department of Commerce (“the Department”) published a notice of initiation of an administrative review of the antidumping duty order on brass sheet and strip from Germany. The review covers one producer/exporter of brass sheet and strip from Germany, Wieland-Werke AG (“Wieland”). Based on a timely withdrawal of the request for review from the petitioners ^[1] we are now rescinding this administrative review in full.

DATES:

Effective Date: July 19, 2011.

FOR FURTHER INFORMATION CONTACT:

Dennis McClure or George McMahon, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: [phone] or [phone], respectively.

SUPPLEMENTARY INFORMATION:

Background

On March 1, 2011, the Department published in the Federal Register the notice of opportunity to request an administrative review of the antidumping duty order on brass sheet and strip from Germany for the period March 1, 2010, through February 28, 2011. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 76 FR 11197 (March 1, 2011). On March 31, 2011, the Department received a request from the petitioners that the Department conduct an administrative review covering brass sheet and strip from Germany. On April 27, 2011, the Department published in the Federal Register the notice of initiation of the 2010-2011 administrative review of brass sheet and strip from Germany. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 76 FR 23545 (April 27, 2011). On May 9, 2011, Wieland notified the Department that they had no exports, sales, or entries of subject brass sheet and strip during the period of review (“POR”).

On May 12, 2011, the Department queried U.S. Customs and Border Protection (“CBP”) data for imports of brass sheet and strip under Harmonized Tariff Schedule of the United States (“HTSUS”) headings 7409.21.00 and 7409.29.00 to corroborate Wieland's claim. In addition, on May 20, 2011, the Department sent an inquiry to CBP requesting notification as to whether they had information with respect to imports of brass sheet and strip from Germany manufactured by Wieland during the POR. Finally, on May 24, 2011, the Department requested CBP assistance in obtaining copies of complete entry packages associated with several shipments.

On June 21, 2011, the Department placed the requested entry documents on the record. On June 28, 2011, Wieland submitted their comments concerning the entry documents arguing that the documents supported their claim that Wieland had no exports, sales, or entries during the POR. On June 28, 2011, the petitioners submitted a letter stating that they had no comments on the entry documents.

On July 1, 2011, the petitioners withdrew their request for an administrative review.

Period of Review

The POR is March 1, 2010, through February 28, 2011.

Scope of the Order

The scope of this order covers shipments of brass sheet and strip, other than leaded and tinned, from Germany. The chemical composition of the covered products is currently defined in the Copper Development Association (“C.D.A.”) 200 Series or the Unified Numbering System (“U.N.S.”) C2000; this review does not cover products the chemical compositions of which are defined by other C.D.A. or U.N.S. series. In physical dimensions, the products covered by this review have a solid rectangular cross section over 0.006 inches (0.15 millimeters) through 0.188 inches (4.8 millimeters) in finished thickness or gauge, regardless of width. Coiled, wound-on-reels (traverse wound), and cut-to-length products are included. The merchandise is currently classified under HTSUS item numbers 7409.21.00 and 7409.29.00. Although the HTSUS item numbers are provided for convenience and customs purposes, the Department's written description of the scope of this order remains dispositive.

Rescission of Antidumping Administrative Review

19 CFR 351.213(d)(1) of the Department's regulations provides that the Department will rescind an administrative review if the party that requested the review withdraws its request for review within 90 days of the date of publication of the notice of initiation of the requested review, or withdraws at a later date if the Department determines it is reasonable to extend the time limit for withdrawing the request. The petitioners withdrew their request for review within 90 days of April 27, 2011, the date of publication of notice of initiation of the requested review. Therefore, we are rescinding this administrative review.

Assessment Instructions

The Department will instruct CBP to assess antidumping duties on all appropriate entries. For the company for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice.

Notification to Importers

This notice serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) 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 doubled antidumping duties.

Notification Regarding Administrative Protective Orders

This notice serves as a reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a sanctionable violation.

We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

Dated: July 13, 2011.

Christian Marsh,

Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.

Footnotes

1.  GBC Metals, LLC, of Global Brass and Copper, Inc., doing business as Olin Brass, Heyco Metals, Inc., Luvata Buffalo, Inc., PMX Industries, Inc., and Revere Copper Products, Inc.