[Federal Register: March 31, 2005 (Volume 70, Number 61)]
[Notices]
[Page 16519-16522]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr05-86]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 701-TA-269 and 270 and 731-TA-311-314, 317 and 379
(Second Review)]
Brass Sheet and Strip From Brazil, Canada, France, Germany,
Italy, and Japan
AGENCY: United States International Trade Commission.
ACTION: Institution of five-year reviews concerning the countervailing
duty orders on brass sheet and strip from Brazil and France and the
antidumping duty orders on brass sheet and strip
[[Page 16520]]
from Brazil, Canada, France, Germany, Italy, and Japan.
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SUMMARY: The Commission hereby gives notice that it has instituted
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C.
1675(c)) (the Act) to determine whether revocation of the
countervailing duty orders on brass sheet and strip from Brazil and
France and the antidumping duty orders on brass sheet and strip from
Brazil, Canada, France, Germany, Italy, and Japan would be likely to
lead to continuation or recurrence of material injury. Pursuant to
section 751(c)(2) of the Act, interested parties are requested to
respond to this notice by submitting the information specified below to
the Commission; \1\ to be assured of consideration, the deadline for
responses is May 23, 2005. Comments on the adequacy of responses may be
filed with the Commission by June 14, 2005. For further information
concerning the conduct of these reviews and rules of general
application, consult the Commission's Rules of Practice and Procedure,
part 201, subparts A through E (19 CFR part 201), and part 207,
subparts A, D, E and F (19 CFR part 207).
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\1\ No response to this request for information is required if a
currently valid Office of Management and Budget (OMB) number is not
displayed; the OMB number is 3117-0016/USITC No. 05-5-118,
expiration date June 30, 2005. Public reporting burden for the
request is estimated to average 10 hours per response. Please send
comments regarding the accuracy of this burden estimate to the
Office of Investigations, U.S. International Trade Commission, 500 E
Street, SW., Washington, DC 20436.
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DATES: Effective Date: March 31, 2005.
FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of
Investigations, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its Internet server
(http://www.usitc.gov). The public record for these reviews may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION: Background.--On January 8, 1987, the
Department of Commerce (``Commerce'') issued a countervailing duty
order on imports of brass sheet and strip from Brazil (52 FR 698). On
January 12, 1987, Commerce issued antidumping duty orders on imports of
brass sheet and strip from Brazil and Canada (52 FR 1214). On March 6,
1987, Commerce issued a countervailing duty order on imports of brass
sheet and strip from France and antidumping duty orders on imports of
brass sheet and strip from France, Germany and Italy (52 FR 6995; Italy
amended at 52 FR 11299 (April 8, 1987)). On August 12, 1988, Commerce
issued an antidumping duty order on imports of brass sheet and strip
from Japan (53 FR 30454). Following five-year reviews by Commerce and
the Commission, effective May 1, 2000, Commerce issued a continuation
of the countervailing duty orders on imports of brass sheet and strip
from Brazil and France and a continuation of the antidumping duty
orders on imports of brass sheet and strip from Brazil, Canada, France,
Germany, Italy, and Japan (65 FR 25304). The Commission is now
conducting second reviews to determine whether revocation of the orders
would be likely to lead to continuation or recurrence of material
injury to the domestic industry within a reasonably foreseeable time.
It will assess the adequacy of interested party responses to this
notice of institution to determine whether to conduct full reviews or
expedited reviews. The Commission's determinations in any expedited
reviews will be based on the facts available, which may include
information provided in response to this notice.
Definitions.--The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year reviews, as defined by Commerce.
(2) The Subject Countries in these reviews are Brazil, Canada,
France, Germany, Italy, and Japan.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject merchandise. In its original
countervailing duty determinations concerning brass sheet and strip
from Brazil and France and antidumping duty determinations concerning
brass sheet and strip from Brazil, Canada, France, Germany, and Italy,
the Commission defined the Domestic Like Product to include brass
material to be rerolled (reroll) and finished brass sheet and strip
(finished products). In its original antidumping duty determination and
the remand determination concerning brass sheet and strip from Japan,
the Commission defined the Domestic Like Product to be all Unified
Numbering System (``UNS'') C20000 domestically produced brass sheet and
strip. One Commissioner defined the Domestic Like Product differently.
In its full five-year review determinations, the Commission defined the
Domestic Like Product as all UNS C20000 series brass sheet and strip.
For purposes of this notice, the Domestic Like Product is all UNS
C20000 series brass sheet and strip.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original countervailing duty
determination concerning brass sheet and strip from Brazil and France
and antidumping duty determinations concerning brass sheet and strip
from Brazil, Canada, France, Germany, and Italy, the Commission defined
the Domestic Industry to include primary mills with casting
capabilities and rerollers. In its original anticumping duty
determination and the remand determination concerning brass sheet and
strip from Japan, the Commission defined the Domestic Industry as
producers of the corresponding Domestic Like Product. One Commissioner
defined the Domestic Industry differently. In its full five-year review
determinations, the Commission defined the Domestic Like Product to
consist of the domestic producers of UNS C20000 series brass sheet and
strip. For purposes of this notice, the Domestic Industry is domestic
producers of all UNS C20000 series brass sheet and strip.
(5) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the reviews and public service list.--Persons,
including industrial users of the Subject Merchandise and, if the
merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the reviews as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11(b)(4) of the Commission's rules, no later
than 21 days after the publication of this notice in the Federal
Register. The Secretary will maintain a public service list containing
the names and addresses of all persons, or their representatives, who
are parties to the reviews.
[[Page 16521]]
Former Commission employees who are seeking to appear in Commission
five-year reviews are reminded that they are required, pursuant to 19
CFR 201.15, to seek Commission approval if the matter in which they are
seeking to appear was pending in any manner or form during their
Commission employment. The Commission is seeking guidance as to whether
a second transition five-year review is the ``same particular matter''
as the underlying original investigation for purposes of 19 CFR 201.15
and 18 U.S.C. 207, the post employment statute for Federal employees.
Former employees may seek informal advice from Commission ethics
officials with respect to this and the related issue of whether the
employee's participation was ``personal and substantial.'' However, any
informal consultation will not relieve former employees of the
obligation to seek approval to appear from the Commission under its
rule 201.15. For ethics advice, contact Carol McCue Verrati, Deputy
Agency Ethics Official, at 202-205-3088.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI submitted in these reviews available to authorized
applicants under the APO issued in the reviews, provided that the
application is made no later than 21 days after publication of this
notice in the Federal Register. Authorized applicants must represent
interested parties, as defined in 19 U.S.C. Sec. 1677(9), who are
parties to the reviews. A separate service list will be maintained by
the Secretary for those parties authorized to receive BPI under the
APO.
Certification.--Pursuant to section 207.3 of the Commission's
rules, any person submitting information to the Commission in
connection with these reviews must certify that the information is
accurate and complete to the best of the submitter's knowledge. In
making the certification, the submitter will be deemed to consent,
unless otherwise specified, for the Commission, its employees, and
contract personnel to use the information provided in any other reviews
or investigations of the same or comparable products which the
Commission conducts under Title VII of the Act, or in internal audits
and investigations relating to the programs and operations of the
Commission pursuant to 5 U.S.C. Appendix 3.
Written submissions.--Pursuant to section 207.61 of the
Commission's rules, each interested party response to this notice must
provide the information specified below. The deadline for filing such
responses is May 23, 2005. Pursuant to section 207.62(b) of the
Commission's rules, eligible parties (as specified in Commission rule
207.62(b)(1)) may also file comments concerning the adequacy of
responses to the notice of institution and whether the Commission
should conduct expedited or full reviews. The deadline for filing such
comments is June 14, 2005. All written submissions must conform with
the provisions of sections 201.8 and 207.3 of the Commission's rules
and any submissions that contain BPI must also conform with the
requirements of sections 201.6 and 207.7 of the Commission's rules. The
Commission's rules do not authorize filing of submissions with the
Secretary by facsimile or electronic means, except to the extent
permitted by section 201.8 of the Commission's rules, as amended, 67 FR
68036 (November 8, 2002). Also, in accordance with sections 201.16(c)
and 207.3 of the Commission's rules, each document filed by a party to
the reviews must be served on all other parties to the reviews (as
identified by either the public or APO service list as appropriate),
and a certificate of service must accompany the document (if you are
not a party to the reviews you do not need to serve your response).
Inability to provide requested information.--Pursuant to section
207.61(c) of the Commission's rules, any interested party that cannot
furnish the information requested by this notice in the requested form
and manner shall notify the Commission at the earliest possible time,
provide a full explanation of why it cannot provide the requested
information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this
notification (or the Commission finds the explanation provided in the
notification inadequate) and fails to provide a complete response to
the notice, the Commission may take an adverse inference against the
party pursuant to section 776(b) of the Act in making its
determinations in the reviews.
Information To Be Provided in Response to This Notice of
Institution: If you are a domestic producer, union/worker group, or
trade/business association; import/export Subject Merchandise from more
than one Subject Country; or produce Subject Merchandise in more than
one Subject Country, you may file a single response. If you do so,
please ensure that your response to each question includes the
information requested for each pertinent Subject Country. As used
below, the term ``firm'' includes any related firms.
(1) The name and address of your firm or entity (including World
Wide Web address if available) and name, telephone number, fax number,
and E-mail address of the certifying official.
(2) A statement indicating whether your firm/entity is a U.S.
producer of the Domestic Like Product, a U.S. union or worker groups, a
U.S. importer of the Subject Merchandise, a foreign producer or
exporter of the Subject merchandise, a U.S. or foreign trade or
business association, or another interested party (including an
explanation). If you are a union/worker group or trade/business
association, identify the firms in which your workers are employed or
which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in these reviews by providing information requested by the
Commission.
(4) A statement of the likely effects of the revocation of the
countervailing duty and antidumping duty orders on the Domestic
Industry in general and/or your firm/entity specifically. In your
response, please discuss the various factors specified in section
752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of
subject imports, likely price effects of subject imports, and likely
impact of imports of Subject Merchandise on the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in
each Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries after 1998.
(7) If you are a U.S. producer of the Domestic Like Product,
provide the following information on your firm's operations on that
product during calendar year 2004 (report quantity data in pounds and
value data in U.S. dollars, f.o.b. plant). If you are a union/worker
group or trade/business association, provide the information, on an
aggregate basis, for the firms in which your workers are employed/which
are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Product
accounted for by your firm's(s') production;
[[Page 16522]]
(b) The quantity and value of U.S. commercial shipments of the
Domestic Like Product produced in your U.S. plant(s); and
(c) The quantity and value of U.S. internal consumption/company
transfers of the Domestic Like Product produced in your U.S. plant(s).
(8) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject Countries,
provide the following information on your firm's(s') operations on that
product during calendar year 2004 (report quantity data in pounds and
value data in U.S. dollars). If you are a trade/business association,
provide the information, on an aggregate basis, for the firms which are
members of your association.
(a) The quantity and value (landed, duty-paid but not including
antidumping or countervailing duties) of U.S. imports and, if known, an
estimate of the percentage of total U.S. imports of Subject Merchandise
from each Subject Country accounted for by your firm's(s') imports.
(b) The quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. commercial shipments of Subject
Merchandise imported from each Subject Country; and
(c) The quantity and value (f.o.b. U.S. port, including antidumping
and/or countervailing duties) of U.S. internal consumption/company
transfers of Subject Merchandise imported from each Subject Country.
(9) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Counties, provide the following information on your firm's(s')
operations on that product during calendar year 2004 (report quantity
data in pounds and value data in U.S. dollars, landed and duty-paid at
the U.S. port but not including antidumping or countervailing duties).
If you are a trade/business association, provide the information, on an
aggregate basis, for the firms which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in each Subject
Country accounted for by your firm's(s') production; and
(b) The quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from each Subject Country accounted for by your firm's(s') exports.
(10) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in the Subject Countries after 1998, and significant
changes, if any, that are likely to occur within a reasonably
foreseeable time. Supply conditions to consider include technology;
production methods; development efforts; ability to increase production
(including the shift of production facilities used for other products
and the use, cost, or availability of major inputs into production);
and factors related to the ability to shift supply among different
national markets (including barriers to importation in foreign markets
or changes in market demand abroad). Demand conditions to consider
include end uses and applications; the existence and availability of
substitute products; and the level of competition among the Domestic
Like Product produced in the United States, Subject Merchandise
produced in the Subject Countries, and such merchandise from other
countries.
11 (Optional) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.
Authority: These reviews are being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the Commission's rules.
By order of the Commission.
Issued: March 23, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-6403 Filed 3-30-05; 8:45 am]
BILLING CODE 7020-02-M