Brass Sheet and Strip from Germany; Preliminary Results of Antidumping Duty Administrative Review and Notice of Intent To Revoke Order in Part

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

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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