70 FR 67139, November 4, 2005

DEPARTMENT OF COMMERCE

International Trade Administration

(C-351-604)

 
Final Results of Expedited Sunset Review: Brass Sheet and Strip 
from Brazil

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April, 1, 2005, the Department of Commerce (``the 
Department'') initiated a sunset review of the countervailing duty 
order (``CVD'') on brass sheet and strip from Brazil pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``the Act''). On 
the basis of a notice of intent to participate and an adequate 
substantive response filed on behalf of the domestic interested parties 
and inadequate response from respondent interested parties (in this 
case, no response), the Department determined to conduct an expedited 
sunset review of this CVD order pursuant to section 751(c)(3)(B) of the 
Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of this sunset review, 
the Department finds that revocation of the CVD order would be likely 
to lead to continuation or recurrence of a countervailable subsidy at 
the level indicated in the ``Final Results of Review'' section of this 
notice.

EFFECTIVE DATE: November 4, 2005.

FOR FURTHER INFORMATION CONTACT: Tipten Troidl or David Goldberger, AD/
CVD Enforcement, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-1767 or (202) 
482-4136, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2005, the Department initiated a sunset review of the 
CVD order on brass sheet and strip from Brazil pursuant to section 
751(c) of the Act. See Notice of Initiation of Five-year (``Sunset'') 
Reviews, 70 FR 16800 (April 1, 2005). The Department received a notice 
of intent to participate from the following domestic interested 
parties: Heyco Metals, Inc. (``Heyco''); Olin Corporation-Brass Group 
(``Olin''); Outokumpu American Brass (``Outokumpu''); PMX Industries, 
Inc. (``PMX''); Revere Copper Products, Inc. (``Revere''); Scott Brass 
(``Scott''); the International Association of Machinists and Aerospace 
Workers; the United Auto Workers (Local 2367 and Local 1024); and the 
United Steelworkers of America (AFL/CIO-CLC) (hereinafter, collectively 
``domestic interested parties''), within the deadline specified in 19 
CFR 351.218(d)(1)(i). The domestic interested parties claimed 
interested party status under sections 771(9)(C) and (D) of the Act, as 
domestic brass mills, rerollers, and unions engaged in the production 
of brass sheet and strip in the United States.
    The Department received a complete substantive response 
collectively from the domestic interested parties within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i). However, the Department 
did not receive a substantive response from any government or 
respondent interested party to this proceeding. As a result, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
the Department conducted an expedited review of this CVD order.

Scope of the Order

    The merchandise subject to this CVD order is coiled, wound-on-reels 
(traverse wound), and cut-to-length brass sheet and strip (not leaded 
or tinned) from Brazil. The subject merchandise has, regardless of 
width, a solid rectangular cross section over 0.0006 inches (0.15 
millimeters) through 0.1888 inches (4.8 millimeters) in finished 
thickness or gauge. The chemical composition of the covered products is 
defined in the Copper Development Association (``C.D.A.'') 200 Series 
or the Unified Numbering System (``U.N.S.'') C2000; this order does not 
cover products with chemical compositions that are defined by anything 
other than C.D.A. or U.N.S. series. The merchandise is currently 
classified under Harmonized Tariff Schedule (``HTS'') item numbers 
7409.21.00 and 7409.29.00. The HTS item numbers are provided for 
convenience and customs purposes. The written description remains 
dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to Joseph A. 
Spetrini, Acting Assistant Secretary for Import Administration, dated 
October 28, 2005, which is hereby adopted by this notice. Parties can 
find a complete discussion of all issues raised in this review and the 
corresponding recommendation in this public memorandum which is on file 
in the Central Records Unit room B-099 of the main Commerce building. 
In addition, a complete version of the

[[Page 67140]]

Decision Memorandum can be accessed directly on the Web at https://enforcement.trade.gov/frn.
 The paper copy and electronic version of the 

Decision Memorandum are identical in content.

Final Results of Review

    The Department determines that revocation of the CVD order would be 
likely to lead to continuation or recurrence of a countervailable 
subsidy. However, as a result of termination of all known 
countervailable programs, the Department is unable to determine the net 
countervailable subsidy likely to prevail.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
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. Timely 
notification of return/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 sanctionable violation.
    We are issuing and publishing the results and notice are in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: October 28, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-6129 Filed 11-3-05; 8:45 am]

BILLING CODE 3510-DS-S