NOTICES DEPARTMENT OF COMMERCE [C-351-604] Brass Sheet and Strip From Brazil; Final Results of Countervailing Duty Administrative Review Wednesday, November 6, 1991 *56631 AGENCY: International Trade Administration/Import Administration, Department of Commerce. ACTION: Notice of final results of countervailing duty administrative review. SUMMARY: On July 19, 1991, the Department of Commerce published the preliminary results of its administrative review of the countervailing duty order on brass sheet and strip from Brazil (56 FR 33252; July 19, 1991). We have now completed that review and determine that the rate of cash deposit of estimated countervailing duties will remain unchanged at zero for the period January 1, 1990 through December 31, 1990. EFFECTIVE DATE: November 6, 1991. FOR FURTHER INFORMATION CONTACT:Elizabeth Levy or Michael Rollin, Officer of Countervailing Compliance, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230; telephone (202) 377-2786. *56632 SUPPLEMENTARY INFORMATION: Background On July 19, 1991, the Department of Commerce (the Department) published in the Federal Register (56 FR 33252) the preliminary results of its administrative review of the countervailing duty order on brass sheet and strip from Brazil (52 698; January 8, 1987). The Department has now completed that administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Tariff Act). Scope of Review Imports covered by this review are shipments of brass sheet and strip, other than leaded brass and tin brass sheet and strip. This merchandise is currently classifiable under item numbers 7409.21.00 and 7409.29.00 of the Harmonized Tariff Schedule (HTS). The HTS item numbers are provided for convenience and Customs purposes. The chemical composition of the products under review are currently defined in the Copper Development Association (C.D.A.) 200 series or the United Numbering Systems (U.N.S.) C20000 series. Products whose chemical compositions are defined by other C.D.A. or U.N.S. series are not covered by this review. The physical dimensions of the products covered by the order are brass sheet and strip of 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 written description remains dispositive. The review covers the period January 1, 1990 through December 31, 1990 and four programs. In its questionnaire response, the Government of Brazil reported no shipments of the subject merchandise to the United States during the review period. We subsequently confirmed with the United States Customs Service that there were no unliquidated entries of subject merchandise exported from Brazil during the review period. Analysis of Comments Received We gave interested parties an opportunity to comment on the preliminary results. We received written comments from the Copper & Brass Fabricators Council (the Council), an interested party. Comment 1: The Council claims that Brazil did export subject merchandise to the United states during the 1990 period of review. The Council cites Bureau of the Census statistics to support its argument. The Council requests that the Department confirm that there were no exports of subject merchandise before issuing the Department's final result of the 1990 administrative review and instruction to the Customs Service. Department's Position: We disagree with the Council's claim that there were exports of subject merchandise from Brazil, during the 1990 period of review. The HTS numbers cited by the Council are basket categories that include not only the subject merchandise but also brass other than C.D.A. 200 and copper plates. We conducted three independent examinations of unliquidated entries of subject merchandise entered through U.S. Customs during the review period. Prior to issuing the preliminary results on July 19, 1991, we used the Bureau of Census statistics to determine which ports reported entries of the HTS numbers which include the subject merchandise. These ports were contacted and reported no unliquidated entries of subject merchandise during the review period. We therefore, issued our preliminary results based on no shipments of subject merchandise. Upon receiving the above comment from the Council, we issued two additional inquiries to all Customs ports. From these inquiries, one shipment of subject merchandise was found to have been exported to the United States by a Canadian firm. The Department solicited further information about this shipment from the parties connected to it. The Brazilian Government and the manufacturer confirmed that there were no shipments of subject merchandise to the United States during the review period. The Canadian exporter supplied the Department with a copy of the purchase order for this shipment dated September 1, 1989. Since this shipment was purchased and exported from Brazil before the period of review, the Department determines that this shipment is outside the review period. Therefore, the Department will instruct the Customs Service to liquidate this shipment at the 1989 liquidation rate of 3.14 percent of the f.o.b. invoice price. Comment 2: The Council believes that the countervailable subsidy programs remain, and requests that the Department confirm that they were in fact terminated and not replaced with other countervailable subsidy programs. Department's Position: The Department disagrees with the Council. The Department has substantial documentation, including verification reports confirming the termination without replacement of the countervailable subsidy programs in this review. (See e.g., Final Negative Countervailing Duty Determination; Silicon Metal From Brazil (56 FR 26988, June 12, 1991) and the Final Affirmative Countervailing Duty Determination; Steel Wheels From Brazil (54 FR 15523, April 18, 1989)). Final Results of Review After considering the comments received, we recommended that the rate of cash deposit of estimated countervailing duties remain unchanged at zero. Due to the termination of all programs under review, the Department will instruct the Customs Service to waive the collection of cash deposit of estimated countervailing duties on all shipments of the subject merchandise from Brazil entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final result of this administrative review. This administrative review and notice are in accordance with section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR 355.22. Dated: October 31, 1991. Marjorie A. Chorlins, Acting Assistant Secretary for Import Administration. [FR Doc. 91-26786 Filed 11-5-91; 8:45 am] BILLING CODE 3510-DS-M