70 FR 61604, October 25, 2005
DEPARTMENT OF COMMERCE
International Trade Administration
(C-427-603)
Preliminary Results of Full Sunset Review: Brass Sheet and Strip
from France
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
(``CVD'') order on brass sheet and strip from France, 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 an adequate response from respondent interested parties, the
Department determined to conduct a full sunset review of this CVD order
pursuant to section 751(c) of the Act and 19 CFR 351.218(e)(2). As a
result of our analysis, the Department preliminarily finds that
revocation of the CVD order would likely to lead to continuation or
recurrence of a countervailable subsidy at the level indicated in the
``Preliminary Results of Review'' section of this notice.
EFFECTIVE DATE: October 25, 2005.
FOR FURTHER INFORMATION CONTACT: Darla Brown or David Goldberger, AD/
CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-2849 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 France 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; United Auto Workers (Local 2367 and Local 1024); and 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 substantive responses from the domestic
interested parties as well as from Gravograph Industrie International
(``Gravograph''); Trefimetaux, S.A. (``TMX''); and the Government of
France (``GOF''). On May 24, 2005, after analyzing the substantive and
rebuttal responses of interested parties, consistent with 19 CFR
351.218(e)(1)(ii)(A) and (C), the Department determined to conduct an
expedited review of this countervailing duty order on the basis that
the two respondent companies, Gravograph and TMX, accounted for less
than 50 percent of the exports of subject merchandise from France to
the United States during the sunset review period.
Subsequently, the GOF and the European Union (``EU'') requested
that the Department reconsider its adequacy determination on the basis
that the customs data concerning imports (U.S. data) and exports
(French data) do not reliably reflect the actual volume of imports of
brass sheet and strip.\1\ On June 10, 2005, domestic interested parties
submitted a letter reiterating earlier comments asserting that the
French respondents failed to submit all of the required information in
their responses and failed to satisfy the 50-percent export threshold
set forth in the regulations. Thus, according to domestic interested
parties, the Department's determination to conduct an expedited review
was correct and should be maintained.
---------------------------------------------------------------------------
\1\ See letters of June 8, 2005, and June 9, 2005, respectively.
---------------------------------------------------------------------------
On June 14, 2005, the Department met with representatives from the
EU and the GOF to discuss their request that the Department reconsider
its decision to conduct an expedited review in the instant case.\2\ On
July 11, 2005, the GOF provided additional information concerning the
statistics on French brass sheet and strip and again requested that the
Department reconsider its adequacy determination. On July 13, 2005, the
EU expressed its support for the GOF's request for a full sunset review
noting that, in view of the manifest discrepancies in the various
sources of data, for which the GOF has been pro-active in trying to
find a solution, it would be wrong to deny all the parties a full and
comprehensive investigation of the facts. Finally, on July 14, 2005,
the domestic interested parties reiterated the view that the Department
should conduct an expedited sunset review in this proceeding arguing
that no justification exists for the Department to reverse its earlier
conclusion.
---------------------------------------------------------------------------
\2\ See June 16, 2005, Memorandum to the File, From Kelly
Parkhill, concerning the Sunset Review of the Countervailing Duty
Order on Brass Sheet and Strip from France.
The Department reconsidered its original determination, and, on
August 12, 2005, determined to conduct a full review of this order,
as provided for at section 751(c)(5)(A) and (C) of the Tariff Act of
1930 and at 19 CFR 351.218(e)(2).
---------------------------------------------------------------------------
The Department determined that the sunset review of the CVD order
on brass sheet and strip from France is extraordinarily complicated. In
accordance with section 751(c)(5)(C)(v) of the Act, the Department may
treat a review as extraordinarily complicated if it is a review of a
transition order (i.e., an order in effect on January 1, 1995). (See
section 751(c)(6)(C) of the Act.) Therefore, on July 27, 2005, the
Department extended the time limit for the completion of the final
results of this review until not later than October 28, 2005, in
accordance with section 751(c)(5)(B) of the Act. See Brass Sheet and
Strip from Germany, Brazil, and France: Extension of Final Results of
Expedited Sunset Review of the Antidumping and Countervailing Duty
Orders, 70 FR 43395 (July 27, 2005). However, when the Department
determined to conduct a full sunset review of this order, the
preliminary results of the full sunset review were extended until
October 18, 2005.
Scope of the Order
The merchandise subject to the CVD order is coiled, wound-on-reels
(traverse wound), and cut-to-length
[[Page 61605]]
brass sheet and strip (not leaded or tinned) from France. 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 Gary Taverman,
Acting Deputy Assistant Secretary for Import Administration, to Joseph
A. Spetrini, Acting Assistant Secretary for Import Administration,
dated October 18, 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 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.
Preliminary Results of Review
The Department preliminarily determines that revocation of the CVD
order would likely lead to continuation or recurrence of a
countervailable subsidy. The net countervailable subsidy likely to
prevail if the order were revoked is 0.19 percent ad valorem.
Interested parties may submit case briefs no later than December 7,
2005, in accordance with 19 CFR 351.309 (c)(1)(i). Any interested party
may request a hearing within 30 days of publication of this notice in
accordance with 19 CFR 351.310 (c). Rebuttal briefs, which must be
limited to issues raised in the case briefs, may be filed not later
than December 12, 2005, in accordance with 19 CFR 351.309 (d). Any
hearing, if requested, will be held on or about December 14, 2005. The
Department will issue a notice of final results of this sunset review,
which will include the results of its analysis of issues raised in any
such comments, no later than February 25, 2006. However, February 25,
2006, falls on Saturday. It is the Department's long-standing practice
to issue a determination the next business day when the statutory
deadline falls on a weekend, federal holiday, or any other day when the
Department is closed. See Notice of Clarification: Application of
``Next Business Day'' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10,
2005). Accordingly, the deadline for completion of these final results
is February 27, 2006.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: October 18, 2005.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-5898 Filed 10-24-05; 8:45 am]
BILLING CODE 3510-DS-S