[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79243-79245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22206]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-508-814, C-508-815]


Brass Rod From Israel: Antidumping Duty and Countervailing Duty 
Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the U.S. 
Department of Commerce (Commerce) and the U.S. International Trade 
Commission (ITC), Commerce is issuing antidumping duty (AD) and 
countervailing duty (CVD) orders on brass rod from Israel.

DATES: Applicable September 27, 2024.

FOR FURTHER INFORMATION CONTACT: Andrew Hart (AD) at (202) 482-1058 or 
Zachary Shaykin (CVD) at (202) 482-2638, AD/CVD Operations, Offices II 
and IV, Enforcement and Compliance, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 705(d) and 735(d) of the Tariff Act of 
1930, as amended (the Act), on August 5, 2024, Commerce published its 
affirmative final determination of sales at less than fair value (LTFV) 
and its affirmative final determination that countervailable subsidies 
are being provided to producers and exporters of brass rod from 
Israel.\1\ On September 19, 2024, pursuant to sections 705(d) and 
735(d) of the Act, the ITC notified Commerce of its final affirmative 
determinations that an industry in the United States (U.S.) is 
materially injured by reason of dumped imports and subsidized imports 
of brass rod from Israel, within the meaning of sections 
705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.\2\
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    \1\ See Brass Rod from Israel: Final Affirmative Determination 
of Sales at Less Than Fair Value, 89 FR 63402 (August 5, 2024); and 
Brass Rod from Israel: Final Affirmative Countervailing Duty 
Determination, 89 FR 63410 (August 5, 2024).
    \2\ See ITC Letter, ``Notification of ITC Final 
Determinations,'' dated September 19, 2024 (ITC Notification 
Letter).
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Scope of the Orders

    The merchandise covered by these orders is brass rod from Israel. 
For a complete description of the scope of these orders, see the 
appendix to this notice.

Antidumping Duty Order

    On September 19, 2024, in accordance with section 735(d) of the 
Act, the ITC notified Commerce of its final determination that an 
industry in the United States is materially injured within the meaning 
of section 735(b)(1)(A)(i) of the Act by reason of imports of brass rod 
that are sold in the United States at LTFV. Therefore, in accordance 
with section 735(c)(2) and 736 of the Act, Commerce is issuing this AD 
order. Because the ITC determined that imports of brass rod from Israel 
are materially injuring a U.S. industry, unliquidated entries of such 
merchandise from Israel, entered or withdrawn from warehouse for 
consumption, are subject to the assessment of antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of brass rod from Israel. Antidumping duties will be 
assessed on unliquidated entries of brass rod from Israel entered, or 
withdrawn from warehouse, for consumption on or after December 14, 
2023, the date of publication of the AD Preliminary Determination but 
will not include entries occurring after the expiration of the 
provisional measures period and before publication of the ITC's final 
injury determination, as further described below.\3\
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    \3\ See Brass Rod from Israel: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination, and Extension of Provisional Measures, 88 FR 
86632 (December 14, 2023) (AD Preliminary Determination).
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Suspension of Liquidation and Cash Deposits--AD

    Commerce intends to instruct CBP to reinstitute the suspension of 
liquidation of brass rod from Israel, effective on the date of 
publication of the ITC's final affirmative injury determination in the 
Federal Register, and to assess, upon further instruction by Commerce, 
antidumping duties on each entry of subject merchandise based on the 
estimated weighted-average dumping margins indicated in the table 
below. On or after the date of publication of the ITC's final injury 
determination in the Federal Register, Commerce also intends to 
instruct CBP to require cash deposits equal to the estimated weighted-
average dumping margins indicated in the tables below. Accordingly, 
effective on the date of publication in the Federal Register of the 
notice of the ITC's final affirmative injury determination, CBP will 
require, at the same time as importers would normally deposit estimated 
customs duties on this subject merchandise, a cash deposit equal to the 
rates listed in the table below.

Estimated Weighted-Average Antidumping Duty Margins

    The estimated weighted-average dumping margins are as follows:

 
------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter or producer                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
Finkelstein Metals Ltd..................................           19.48
All Others..............................................           19.48
------------------------------------------------------------------------

Provisional Measures--AD

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
that Commerce extend the four-month period to no more than six months. 
At the request of exporters that accounted for a significant proportion 
of exports of brass rod from Israel, Commerce extended the four-month 
period to no more than six-months.\4\ In the underlying investigation, 
Commerce published the AD Preliminary Determination on December 14, 
2023. Therefore, the six-month period beginning on the date of the 
publication of the AD Preliminary Determination ended on June 10, 2024.
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    \4\ See AD Preliminary Determination.
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    For all companies, in accordance with section 733(d) of the Act, we 
instructed CBP to terminate the suspension of liquidation and to 
liquidate, without regard to antidumping duties, unliquidated entries 
of brass rod from Israel entered, or withdrawn from warehouse, for 
consumption, on or after June 11, 2024, the first day provisional 
measures were no longer in effect, until and through the day preceding 
the date of publication of the ITC's final injury determination in the 
Federal Register.

[[Page 79244]]

Suspension of liquidation and the collection of cash deposits will 
resume on the date of publication of the ITC's final determination in 
the Federal Register.

CVD Order

    As stated above, based on the above-referenced affirmative final 
determination by the ITC that an industry in the United States is 
materially injured within the meaning of section 705(b)(1)(A)(i) of the 
Act by reason of subsidized imports of brass rod from Israel,\5\ in 
accordance with section 705(c)(2) of the Act, Commerce is issuing this 
CVD order. Moreover, because the ITC determined that imports of brass 
rod from Israel are materially injuring a U.S. industry,\6\ 
unliquidated entries of subject merchandise from Israel entered, or 
withdrawn from warehouse, for consumption, are subject to the 
assessment of countervailing duties.
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    \5\ See ITC Notification Letter.
    \6\ Id.
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    Therefore, in accordance with section 706(a) of the Act, Commerce 
intends to direct CBP to assess, upon further instruction by Commerce, 
countervailing duties on all relevant entries of brass rod from Israel, 
which are entered, or withdrawn from warehouse, for consumption on or 
after September 29, 2023, the date of publication of the CVD 
Preliminary Determination, but will not include entries occurring after 
the expiration of the provisional measures period and before the 
publication of the ITC's final injury determination under section 
705(b) of the Act, as further described in the ``Provisional Measures--
CVD'' section of this notice.\7\
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    \7\ See Brass Rod from Israel: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final 
Determination With Final Antidumping Duty Determination, 88 FR 67236 
(September 29, 2023) (CVD Preliminary Determination).
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Suspension of Liquidation and Cash Deposits--CVD

    In accordance with section 706 of the Act, Commerce intends to 
instruct CBP to reinstitute the suspension of liquidation of brass rod 
from Israel, effective on the date of publication of the ITC's final 
affirmative injury determination in the Federal Register, and to 
assess, upon further instruction by Commerce, pursuant to section 
706(a)(1) of the Act, countervailing duties on each entry of subject 
merchandise in an amount based on the net countervailable subsidy rates 
below. On or after the date of publication of the ITC's final injury 
determination in the Federal Register, CBP must require, at the same 
time as importers would normally deposit estimated customs duties on 
this merchandise, a cash deposit equal to the rates listed in the table 
below. These instructions suspending liquidation will remain in effect 
until further notice. The all-others rate applies to all producers or 
exporters not specifically listed below, as appropriate.

Estimated Countervailing Duty Subsidy Rates

    The estimated countervailing duty subsidy rates are as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                           (percent  ad
                                                             valorem)
------------------------------------------------------------------------
Finkelstein Metals Ltd..................................            1.89
All Others..............................................            1.89
------------------------------------------------------------------------

Provisional Measures--CVD

    Section 703(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months. Commerce published the CVD 
Preliminary Determination on September 29, 2023.\8\ As such, the four-
month period beginning on the date of the publication of the CVD 
Preliminary Determination ended on January 26, 2024.
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    \8\ Id.
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    For all companies, in accordance with section 703(d) of the Act, we 
instructed CBP to terminate the suspension of liquidation and to 
liquidate, without regard to countervailing duties, unliquidated 
entries of brass rod from Israel entered, or withdrawn from warehouse, 
for consumption, on or after January 27, 2024, the first day 
provisional measures were no longer in effect, until and through the 
day preceding the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation and 
the collection of cash deposits will resume on the date of publication 
of the ITC's final determination in the Federal Register.

Establishment of the Annual Inquiry Service Lists

    On September 20, 2021, Commerce published the Final Rule in the 
Federal Register.\9\ On September 27, 2021, Commerce also published the 
Procedural Guidance in the Federal Register.\10\ The Final Rule and 
Procedural Guidance provide that Commerce will maintain an annual 
inquiry service list for each order or suspended investigation, and any 
interested party submitting a scope ruling application or request for 
circumvention inquiry shall serve a copy of the application or request 
on the persons on the annual inquiry service list for that order, as 
well as any companion order covering the same merchandise from the same 
country of origin.
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    \9\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \10\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
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    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be saved in 
ACCESS, under each case number, and under a specific segment type 
called ``AISL-Annual Inquiry Service List.'' \11\
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    \11\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
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    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance,\12\ the new annual 
inquiry service list will be in place until the following year, when 
the Opportunity Notice for the anniversary month of the order is 
published.
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    \12\ See Procedural Guidance, 86 FR at 53206.
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    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of

[[Page 79245]]

appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \13\ Accordingly, as stated 
above, the petitioner and the Government of Israel should submit their 
initial entries of appearance after publication of this notice in order 
to appear in the first annual inquiry service lists for these orders. 
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Government of 
Israel will not need to resubmit their entries of appearance each year 
to continue to be included on the annual inquiry service list. However, 
the petitioner and the Government of Israel are responsible for making 
amendments to their entries of appearance during the annual update to 
the annual inquiry service list in accordance with the procedures 
described above.
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    \13\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties

    This notice constitutes the AD order with respect to brass rod from 
Israel and the CVD order with respect to brass rod from Israel, 
pursuant to sections 706(a) and 736(a) of the Act. Interested parties 
can find a list of AD and CVD orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
    These orders are issued and published in accordance with sections 
706(a) and 736(a) of the Act and 19 CFR 351.211(b).

    Dated: September 23, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

Scope of the Orders

    The products within the scope of these orders are brass rod and 
bar (brass rod), which is defined as leaded, low-lead, and no-lead 
solid brass made from alloys such as, but not limited to the 
following alloys classified under the Unified Numbering System (UNS) 
as C27450, C27451, C27460, C34500, C35000, C35300, C35330, C36000, 
C36300, C37000, C37700, C48500, C67300, C67600, and C69300, and 
their international equivalents.
    The brass rod subject to these orders has an actual cross-
section or outside diameter greater than 0.25 inches but less than 
or equal to 12 inches. Brass rod cross-sections may be round, 
hexagonal, square, or octagonal shapes as well as special profiles 
(e.g., angles, shapes), including hollow profiles.
    Standard leaded brass rod covered by the scope contains, by 
weight, 57.0-65.0 percent copper; 0.5-3.0 percent lead; no more than 
1.3 percent iron; and at least 15 percent zinc. No-lead or low-lead 
brass rod covered by the scope contains by weight 59.0-76.0 percent 
copper; 0-1.5 percent lead; no more than 0.35 percent iron; and at 
least 15 percent zinc. Brass rod may also include other chemical 
elements (e.g., nickel, phosphorous, silicon, tin, etc.).
    Brass rod may be in straight lengths or coils. Brass rod covered 
by these orders may be finished or unfinished, and may or may not be 
heated, extruded, pickled, or cold-drawn. Brass rod may be produced 
in accordance with ASTM B16, ASTM B124, ASTM B981, ASTM B371, ASTM 
B453, ASTM B21, ASTM B138, and ASTM B927, but such conformity to an 
ASTM standard is not required for the merchandise to be included 
within the scope.
    Excluded from the scope of these orders is brass ingot, which is 
a casting of unwrought metal unsuitable for conversion into brass 
rod without remelting, that contains, by weight, at least 57.0 
percent copper and 15.0 percent zinc.
    The merchandise covered by these orders is currently 
classifiable under subheadings 7407.21.9000, 7407.21.7000, and 
7407.21.1500 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Products subject to the scope may also enter under HTSUS 
subheadings 7403.21.0000, 7407.21.3000, and 7407.21.5000. The HTSUS 
subheadings and UNS alloy designations are provided for convenience 
and customs purposes. The written description of the scope of these 
orders is dispositive.

[FR Doc. 2024-22206 Filed 9-26-24; 8:45 am]
BILLING CODE 3510-DS-P