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Brass Rod: New AD/CVD Investigations Deadlines & Scope

The Commerce Department issued notices in the Federal Register on its recently initiated antidumping duty investigations on brass rod from Brazil, India, Israel, Mexico, South Korea and South Africa (A-351-859, A-533-915, A-508-814, A-201-858, A-580-916, A-791-828), and its countervailing duty investigations on brass rod from India, Israel and South Korea (C-533-916, C-508-815, C-580-917). The CVD investigation covers entries for the calendar year 2022. The AD investigations cover entries April 1, 2022, through March 31, 3023.

The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped and illegally subsidized brass rod are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due June 12, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, due in July for CVD and October for AD, it will set AD and/or CVD cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD and/or CVD order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD/CVD on importers and potentially change AD/CVD cash deposit rates.

AD/CVD Respondent Selection

Commerce said it will pick respondents to its AD/CVD investigations based on CBP import data. Comments are due May 30.

Scope of the AD/CVD Investigations

"The products covered by these investigations 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 investigations 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).

"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 investigations 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 investigations 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 investigations 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 the investigations is dispositive."

Comments on the scope of these investigations are due by June 6.

Investigations Timetable

EventAD DutyCV Duty
Petitions filed04/27/2304/27/23
DOC initiation date05/17/2305/17/23
ITC prelim determinations06/12/2306/12/23
DOC prelim determinations10/04/2307/21/23
DOC final determinations12/18/2310/04/23
ITC final determinations02/01/2411/20/23
Issuance of orders02/08/2411/27/23

These deadlines may be, and usually are, extended. The Commerce Department fact sheet on the initiation of these investigations is (here). See 2301200045 for a summary of the petition requesting these investigations.