Notice2021-28316
Common Alloy Aluminum Sheet From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, Final Successor-In-Interest Determination, and Final Determination of No Shipments; 2018-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 29, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that certain companies under review sold common alloy aluminum sheet (aluminum sheet) from the People's Republic of China (China) at less than normal value during the period of review (POR) June 22, 2018, through January 31, 2020, and that certain other companies had no shipments of subject merchandise to the United States during the POR. Commerce also continues to make a successor-in-interest determination with respect to one company.
Full Text
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<title>Federal Register, Volume 86 Issue 247 (Wednesday, December 29, 2021)</title>
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[Federal Register Volume 86, Number 247 (Wednesday, December 29, 2021)]
[Notices]
[Pages 74066-74068]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28316]
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DEPARTMENT OF COMMERCE
International Trade Administation
[A-570-073]
Common Alloy Aluminum Sheet From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review, Final
Successor-In-Interest Determination, and Final Determination of No
Shipments; 2018-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain
companies under review sold common alloy aluminum sheet (aluminum
sheet) from the People's Republic of China (China) at less than normal
value during the period of review (POR) June 22, 2018, through January
31, 2020, and that certain other companies had no shipments of subject
merchandise to the United States during the POR. Commerce also
continues to make a successor-in-interest determination with respect to
one company.
DATES: Applicable December 29, 2021.
FOR FURTHER INFORMATION CONTACT: Frank Schmitt or Fred Baker, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue,
NW, Washington, DC 20230; telephone: (202) 482-4880 or (202) 482-2924,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review on June 25, 2021.\1\ We invited interested parties to comment on
the Preliminary Results, and we received case briefs and rebuttal
briefs from interested parties.\2\ On October 14, 2021, we extended the
deadline for these final results until December 22, 2021.\3\ For a full
summary of the events that occurred since Commerce published the
Preliminary Results, see the Issues and Decision Memorandum.\4\
Commerce conducted this review in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
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\1\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Preliminary Results of Antidumping Duty Administrative
Review, Partial Recission of Antidumping Administrative Review,
Preliminary Determination of No Shipments, and Preliminary
Successor-In-Interest Determination; 2018-2020, 86 FR 33640 (June
25, 2021) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Preliminary Results, 86 FR at 33642; see also Alcha's
Letter, ``Common Alloy Aluminum Sheet from the People's Republic of
China: Case Brief,'' dated August 12, 2021; Domestic Industry's
Letter, ``Domestic Industry's Case Brief,'' dated August 12, 2021;
Alcha's Letter, ``Common Alloy Aluminum Sheet from the People's
Republic of China: Rebuttal Brief,'' dated August 19, 2021; and
Domestic Industry's Letter, ``Domestic Industry's Rebuttal Brief,''
dated August 19, 2021.
\3\ See Memorandum, ``2018-2020 Administrative Review of the
Antidumping Duty Order on Common Alloy Aluminum Sheet from the
People's Republic of China: Extension of Deadline for Final
Results,'' dated October 14, 2021.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Common Alloy Aluminum Sheet from the People's Republic of
China; 2018-2020,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Scope of the Order \5\
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\5\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019)
(Order).
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The merchandise covered by the Order is common alloy aluminum sheet
from China. For a complete description of the scope of the Order, see
the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by
interested parties are addressed in the Issues and Decision Memorandum.
A list of these issues is attached to this notice.\6\ The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be found at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\6\ See Appendix.
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Changes From the Preliminary Results
Based on our analysis of the record and the comments received from
interested parties, we made certain changes to the margin calculation.
For a discussion of these changes, see the Issues and Decision
Memorandum.
Final Results of Successor-In-Interest Analysis
In the Preliminary Results, Commerce determined that Jiangsu Alcha
Aluminum Group Co., Ltd., is the successor-in-interest to Jiangsu Alcha
Aluminum Co., Ltd. (Jiangsu Alcha).\7\ No party commented on this issue
and we have not received any information to contradict our preliminary
finding. Therefore, we continue to find that Jiangsu Alcha Aluminum
Group Co., Ltd. is the successor-in-interest to Jiangsu Alcha.
Moreover, because we find Jiangsu Alcha Aluminum Group Co., Ltd. to be
the successor-in-interest to Jiangsu Alcha, we intend to assign to
Jiangsu Alcha Aluminum Group Co., Ltd., the same antidumping cash
deposit rate assigned to Jiangsu Alcha, for purposes of determining
antidumping liability in this proceeding.
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\7\ See Preliminary Results PDM at 7-8.
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Final Determination of No Shipments
In the Preliminary Results, Commerce determined that Teknik
Aluminyum Sanayi A.S. and Companhia Brasileira de Aluminio did not have
shipments of subject merchandise to the United States during the
POR.\8\ As we received no information to contradict our preliminary
determination of no shipments with respect to those companies, we
continue to find that they made no shipments of subject merchandise to
the United States during the POR. Accordingly, we will issue
appropriate instructions for these two companies that are consistent
with our ``automatic assessment'' clarification.\9\
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\8\ See Preliminary Results, 86 FR at 33641.
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Notice); see also ``Assessment Rates'' section, below.
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Final Affiliation and Single Entity Determination
In the Preliminary Results, Commerce determined that Jiangsu Alcha,
Alcha International Holdings Limited (Alcha International), and Baotou
Alcha Aluminum Co., Ltd. (Baotou Alcha) are affiliated entities,
pursuant to sections 771(33)(E), (F), and (G) of the Act,\10\ and that
Jiangsu Alcha and Baotou Alcha should be treated as a single entity,
[[Page 74067]]
pursuant to 19 CFR 351.401(f)(1)-(2).\11\ For these final results, we
continue to find that Jiangsu Alcha, Alcha International, and Baotou
Alcha are affiliated entities pursuant to section 771(33)(E), (F), and
(G) of the Act, and we have revised our analysis to determine that all
three companies should be treated as a single entity pursuant to 19 CFR
351.401(f)(1)-(2).\12\
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\10\ See Preliminary Results, 86 FR at 33642; see also
Preliminary Results PDM at 8; and Memorandum, ``Preliminary
Affiliation and Collapsing Memorandum: Common Alloy Aluminum Sheet
from China,'' dated June 21, 2021 (Preliminary Affiliation
Memorandum). In the Preliminary Results, we inadvertently referred
only to section 771(33)(F) of the Act; however, we find affiliation
among these companies under sections 771(33)(E), (F), and (G) of the
Act.
\11\ See Preliminary Results, 86 FR at 33642; see also
Preliminary Results PDM at 8. In the Preliminary Results, we
inadvertently omitted Baotou Alcha from the rate chart with respect
to the exporter listed as ``Jiangsu Alcha Aluminum Co., Ltd./Alcha
International Holdings Limited,'' published in the Federal Register.
See Preliminary Results, 86 FR at 33642. Based on our preliminary
determination, Baotou Alcha should have been included in the rate
chart with the aforementioned exporter and thus, we have corrected
that omission in this notice.
\12\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Common Alloy Aluminum Sheet from the People's Republic
of China: Final Affiliation and Collapsing Memorandum,'' dated
concurrently with this notice.
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Separate Rates
In the Preliminary Results, Commerce determined that Jiangsu Alcha,
Alcha International, and Yinbang Clad Material Co., Ltd. (Yinbang Clad)
are eligible for separate rates.\13\ Commerce also preliminarily
determined that Choil Aluminum Co., Ltd.; Jiangyin New Alumax Composite
Material Co., Ltd. (Jiangyin New Alumax); Henan Mingtai Al Industrial
Co., Ltd./Zhengzhou Mingtai Industry Co., Ltd. (collectively, Mingtai);
PMS Metal Profil Aluminyum San. Ve Tic. A.S. Demirtas Organize Sanayi
Bolgesi; and United Metal Coating LLC are not eligible for separate
rates.\14\ No party commented on this issue and we have not received
any information to contradict our preliminary findings.
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\13\ See Preliminary Results, 86 FR at 33642; see also
Preliminary Results PDM at 17.
\14\ See Preliminary Results PDM at 17-18.
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For these final results, taking into account the final single
entity determination, we determine that the single entity of Jiangsu
Alcha, Baotou Alcha, and Alcha International (collectively, Alcha) \15\
is eligible for a separate rate, as is Yinbang Clad. Commerce continues
to find that Choil Aluminum Co., Ltd.; Jiangyin New Alumax; Mingtai;
PMS Metal Profil Aluminyum San. Ve Tic. A.S. Demirtas Organize Sanayi
Bolgesi; and United Metal Coating LLC are not eligible for a separate
rate.
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\15\ In the Preliminary Results, we referred to Jiangsu Alcha
and Alcha International, collectively, as Alcha Group. See
Preliminary Results, 86 FR at 33642.
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Rate for Non-Examined Separate Rate Respondents
The statute and our regulations do not address the establishment of
a rate to be assigned to respondents not selected for individual
examination when we limit our examination of companies subject to the
administrative review pursuant to section 777A(c)(2)(B) of the Act.
Generally, we look to section 735(c)(5) of the Act, which provides
instructions for calculating the all-others rate in an investigation,
for guidance when calculating the rate for respondents not individually
examined in an administrative review. Under section 735(c)(5)(A) of the
Act, the all-others rate is normally ``an amount equal to the weighted
average of the estimated weighted average dumping margins established
for exporters and producers individually investigated, excluding any
zero and de minimis margins, and any margins determined entirely {on
the basis of facts available{time} .''
For these final results, we calculated a weighted-average dumping
margin that is not zero, de minimis, or determined entirely on the
basis of facts available for Alcha. Accordingly, consistent with our
Preliminary Results, Commerce has assigned Yinbang Clad, a separate
rate respondent that was not selected for individual examination, a
margin of 56.93 percent, Alcha's calculated weighted-average dumping
margin, for these final results.
The China-Wide Entity
Because no party requested a review of the China-wide entity in
this segment of the proceeding, the entity is not under review, and the
entity's rate (i.e., 59.72 percent) is not subject to change.\16\ Other
than the companies for which we made a final no-shipment determination,
and the companies for which Commerce rescinded the administrative
review in the Preliminary Results, Commerce considers all other
companies for which a review was requested and did not demonstrate
separate rate eligibility, to be part of the China entity.\17\
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\16\ See Order, 84 FR at 2814.
\17\ In this review, we have determined that the following
companies subject to the review are now part of the China-wide
entity: (1) Choil Aluminum Co., Ltd.; (2) Mingtai; (3) Jiangyin New
Alumax; (4) PMS Metal Profil Aluminyum San. Ve Tic. A.S. Demirtas
Organize Sanayi Bolgesi; and (5) United Metal Coating LLC.
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Final Results of Administrative Review
For the companies subject to this administrative review which
established their eligibility for a separate rate, Commerce determines
that the following weighted-average dumping margins exist for the
period June 22, 2018, through January 31, 2020:
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Weighted-
average
Exporter dumping
margin
(percent)
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Jiangsu Alcha Aluminum Co., Ltd.18/Baotou Alcha Aluminum 56.93
Co., Ltd./Alcha International Holdings Limited.........
Yinbang Clad Material Co., Ltd.......................... 56.93
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Disclosure
Commerce intends to disclose the calculations performed for these
final results of review of the aluminum sheet from China antidumping
duty order to interested parties within five days of the date of
publication of this notice in the Federal Register , in accordance with
19 CFR 351.224(b).
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\18\ For the purposes of this review, we have considered the
names Jiangsu Alcha Aluminum Co., Ltd. and Jiangsu Alcha Aluminium
Co., Ltd., as equivalent.
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with these final results of review. We intend
to issue assessment instructions to CBP no earlier than 35 days after
the date of publication of these final results. If a timely summons is
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
Where Alcha reported reliable entered values, we calculated
importer-(or customer-) specific ad valorem rates by aggregating the
dumping margins calculated for all U.S. sales to each importer (or
customer) and dividing this amount by the total entered value of the
sales to each importer (or customer).\19\ Where Commerce calculated a
weighted-average dumping margin by dividing the total amount of dumping
for reviewed sales to that party by the total sales quantity associated
with those transactions, Commerce will direct CBP to assess importer-
(or customer-) specific assessment rates
[[Page 74068]]
based on the resulting per-unit rates.\20\ Where an importer-(or
customer-) specific ad valorem or per-unit rate is greater than de
minimis (i.e., 0.50 percent), Commerce will instruct CBP to collect the
appropriate duties at the time of liquidation.\21\ Where an importer-
(or customer-) specific ad valorem or per-unit rate is zero or de
minimis, Commerce will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\22\
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\19\ See 19 CFR 351.212(b)(1).
\20\ Id.
\21\ Id.
\22\ See 19 CFR 351.106(c)(2).
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For the non-selected respondent that received a separate rate,
Yinbang Clad, we will instruct CBP to apply an antidumping duty
assessment rate of 56.93 percent to all entries of subject merchandise
that entered the United States during the POR. For the companies that
we determined had no reviewable entries of the subject merchandise in
this review period, any suspended entries that entered under those
exporters'' case numbers (i.e., at the exporters'' rates) will be
liquidated at the China-wide rate, i.e., 59.72 percent.\23\ For all
other companies, we will instruct CBP to apply the antidumping duty
assessment rate of the China-wide entity to all entries of subject
merchandise exported by these companies.\24\
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\23\ For a full discussion of this practice, see Assessment
Notice.
\24\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 19730, 19731 (April 8, 2020) (``All
firms listed below that wish to qualify for separate rate status in
the administrative reviews involving NME countries must complete, as
appropriate, either a separate rate application or certification, as
described below.'').
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) For subject merchandise exported
by the companies listed above that have separate rates, the cash
deposit rate will be the rate established in these final results of
review for each exporter as listed above; (2) for previously
investigated or reviewed Chinese and non-Chinese exporters not listed
above that received a separate rate in a prior segment of this
proceeding, except for the companies which lost their separate rate
eligibility in this review, the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for all Chinese exporters of
subject merchandise that have not been found to be entitled to a
separate rate, or lost their separate rate eligibility in this review,
the cash deposit rate will be that for the China-wide entity; and (4)
for all non-Chinese exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter that supplied that non-Chinese
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Reimbursement of Duties
This notice also serves as the final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protection Order
This notice also serves as the final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return or destruction of
APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulation and terms of an APO is
a sanctionable violation.
Notification to Interested Parties
These final results of review are issued and published in
accordance with sections 751(a) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: December 22, 2021.
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--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1: Selection of Surrogate Country
Comment 2: HTS Classification for Certain Material Inputs and
By-Products
Comment 3: Surrogate Value Data Availability
Comment 4: Double Remedies Adjustment
Comment 5: Export Subsidies Adjustment
Comment 6: Double Counting Consumption of Aluminum Inputs
Comment 7: Sigma-Capped Distance
VI. Recommendation
[FR Doc. 2021-28316 Filed 12-28-21; 8:45 am]
BILLING CODE 3510-DS-P
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