Brass Rod From Israel: Antidumping Duty and Countervailing Duty Orders

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Federal RegisterSep 27, 2024
89 Fed. Reg. 79243 (Sep. 27, 2024)
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    Department of Commerce International Trade Administration
  • [A-508-814, C-508-815]
  • 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. 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.

    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).

    See ITC Letter, “Notification of ITC Final Determinations,” dated September 19, 2024 (ITC Notification Letter).

    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.

    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).

    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:

    Exporter or producer Weighted- average dumping margin (percent)
    Finkelstein Metals Ltd 19.48
    All Others 19.48
    Company Subsidy rate (percent ad valorem)
    Finkelstein Metals Ltd 1.89
    All Others 1.89