Brass Sheet and Strip From the Netherlands: Final Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-701]

Brass Sheet and Strip From the Netherlands: Final Results of

Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of antidumping duty administrative

review.

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SUMMARY: On May 11, 1998, the Department of Commerce (the Department)

published the preliminary results of the administrative review of the

antidumping duty order on brass sheet and strip from the Netherlands

(63 FR 75821). This review covers sales to the United States by one

manufacturer/exporter, Outokumpu Copper Strip B.V. (OBV), and its U.S.

affiliate, Outokumpu Copper (USA), Inc., of the subject

[[Page 49545]]

merchandise during the period of review (POR), August 1, 1996, through

July 31, 1997. We gave interested parties an opportunity to comment on

our preliminary results. We have not changed the results from those

presented in the preliminary results of review.

FOR FURTHER INFORMATION CONTACT: Karla Whalen or Lisette Lach, Office

of Antidumping/Countervailing Duty Enforcement, Group III, Import

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

Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C.

20230; telephone: (202) 482-1386 or (202) 482-6412, respectively.

EFFECTIVE DATE: September 16, 1998.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

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

regulations last codified at 19 CFR Part 351 (May 19, 1997).

Scope of This Review

Imports covered by this review are brass sheet and strip, other

than leaded and tin brass sheet and strip, from the Netherlands. The

chemical composition of the products under review is currently defined

in the Copper Development Association (CDA) 200 Series or the Unified

Numbering System (UNS) C20000 series. This review does not cover

products the chemical composition of which are defined by other CDA or

UNS series. The physical dimensions of the products covered by this

review are brass sheet and strip of solid rectangular cross section

over 0.006 inch (0.15 millimeter) through 0.188 inch (4.8 millimeters)

in gauge, regardless of width. Coiled, wound-on-reels (traverse-wound),

and cut-to-length products are included. The merchandise under review

is currently classifiable under items numbers 7409.21.00 and 7409.29.20

of the Harmonized Tariff Schedule of the United States (HTSUS).

Although the HTSUS subheadings are provided for convenience and customs

purposes, the written description of the merchandise under review is

dispositive.

Background

On August 12, 1988, the Department published in the Federal

Register the antidumping duty order on brass sheet and strip (BSS) from

the Netherlands (53 FR 30455). On August 4, 1997, the Department

published the notice of ``Opportunity to Request Administrative

Review'' for the period August 1, 1996 through July 31, 1997 on BSS

from the Netherlands (62 FR 41925).

On August 29, 1997, in accordance with 19 FR 351.213(b), OBV filed

a letter requesting an administrative review of its sales in this

period of review. On September 25, 1997, we published in the Federal

Register a notice of initiation of this administrative review (62 FR

50292). On October 23, 1997, petitioners in this proceeding

1 entered a notice of appearance in this administrative

review. On May 11, 1998, the Department published in the Federal

Register the preliminary results of the administrative review (63 FR

25,821).

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\1\ Hussey Copper, Ltd.; The Miller Company; Olin Corporation;

Revere Copper Products, Inc.; International Association of

Machinists and Aerospace Workers; International Union, Allied

Industrial Workers of America (AFL-CIO); Mechanics Educational

Society of America (Local 56); and United Steelworkers of America

(AFL-CIO/CLC).

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On May 18, 1998, the petitioners requested that the Department

conduct a hearing on this administrative review. On June 10, 1998,

petitioners withdrew their request for a hearing in this case and thus

no hearing was held. On June 10, 1998, petitioners submitted their

comments on this review and on June 16, 1998, OBV submitted its

response to petitioners comments. The Department has now completed this

administrative review in accordance with section 751 of the Act.

Analysis of Comments Received

Comment: Anticipated Revocation Request

Petitioners claim that OBV's sales response in this review

indicates that OBV is likely to request a revocation of the order on

BSS in the near future. Petitioners base this claim on the small volume

of OBV's sales during this review at a non-dumping rate as compared to

the large volume of OBV's sales prior to the imposition of the

antidumping duty order. Petitioners state that during this review OBV

had sales of roughly 18,000 pounds in contrast to exports of brass

sheet and strip to the United States for the four calendar years

preceding imposition of the antidumping duty order on BSS which were

15.6 million pounds in 1984, 15.4 million pounds in 1985, 14.9 million

pounds in 1986, and 15.4 million pounds in 1987. Petitioners anticipate

that OBV could base a revocation request on a claim of the absence of

dumping on the small number of post-order sales. Petitioners go on to

cite a number of recent cases in which the Department declined to

revoke an order. Petitioners ask the Department to discuss how it would

view this review in regards to a future revocation request by OBV.

In response to this comment, OBV argues that petitioners comment is

irrelevant to this proceeding and should be disregarded by the

Department since no party to this review has requested revocation of

the order. Further, respondents claim that all the facts necessary to

examine such an issue are not on the record.

Department's Position: While the Department recognizes the

information provided by petitioner may be relevant to a revocation

determination under section 353.222, it is not relevant to the current

proceeding since no party to this order has requested a revocation of

the order on BSS. Petitioners have also stated that revocation is not

at issue in this proceeding.

Final Results of Review

As a result of this review, we have determined that the following

margin exists for the period August 1, 1996 through July 31, 1997:

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Weighted-

average

Producer/manufacturer/exporter margin

(percent)

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Outokumpu Copper Strip B.V. (OBV).......................... 0.00

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The Department shall determine, and the U.S. Customs Service shall

assess, antidumping duties on all appropriate entries. Individual

differences between United States price and foreign market value may

vary from the percentage stated above. The Department will issue

appraisement instructions directly to the U.S. Customs Service.

Furthermore, the following deposit requirements shall be effective upon

publication of this notice of final results of review for all shipments

of the subject merchandise from the Netherlands entered, or withdrawn

from warehouse, for consumption on or after the publication date, as

provided for by section 751(a)(1) of the Act: (1) the cash deposit

rates for OBV will be the rate as stated above; (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, or the original less-than-fair-value (LTFV) investigation, but

the

[[Page 49546]]

manufacturer is, the cash deposit rate will be the rate established for

the most recent period for the manufacturer of the merchandise; and (4)

if neither the exporter nor the manufacturer is a firm covered in this

review, the cash rate will be 16.99 percent, which was the ``all

others'' rate as established in the LTFV investigation. The deposit

requirements, when imposed, shall remain in effect until publication of

the final results of the next administrative review.

This notice serves as a final reminder to importers of their

responsibility under 19 CFR section 351.402(f) 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 notice also serves as a reminder to parties subject to

administrative protective orders (APOs) of their responsibility

concerning the disposition of proprietary information disclosed under

APO in accordance with 19 CFR 351.305 2 of the Department's

regulations. 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.

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\2\ See Antidumping and Countervailing Duty Proceedings:

Administrative Protective Order Procedures; Procedures for Imposing

Sanctions for Violation of a Protective Order (63 FR 24391, May 4,

1998).

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This administrative review and this notice are in accordance with

section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1).

Dated: September 4, 1998.

Joseph Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 98-24746 Filed 9-15-98; 8:45 am]

BILLING CODE 3510-DS-P