Notice2022-02351
Common Alloy Aluminum Sheet From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review, 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
February 4, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty order on common alloy aluminum sheet from the People's Republic of China to correct ministerial errors. The period of review (POR) is June 22, 2018, through January 31, 2020.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 24 (Friday, February 4, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Notices]
[Pages 6504-6506]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02351]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-073]
Common Alloy Aluminum Sheet From the People's Republic of China:
Amended Final Results of Antidumping Duty Administrative Review, 2018-
2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the final
results of the administrative review of the antidumping duty order on
common alloy aluminum sheet from the People's Republic of China to
correct ministerial errors. The period of review (POR) is June 22,
2018, through January 31, 2020.
DATES: Applicable February 4, 2022.
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.
Background
On December 27, 2021, Commerce disclosed its calculations for the
Final Results \1\ to interested parties.\2\ On January 3, 2022, the
domestic industry \3\ submitted an allegation of ministerial errors in
the Final Results.\4\ No other party made an allegation of ministerial
errors or submitted a reply to the domestic industry's ministerial
error allegation.
---------------------------------------------------------------------------
\1\ See 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, 86 FR 74066 (December 29, 2021) (Final
Results).
\2\ See Memorandum, ``Common Alloy Aluminum Sheet from the
People's Republic of China, 2018-2020: Final Results Disclosure,''
dated December 27, 2021.
\3\ The domestic industry is the Aluminum Association Common
Alloy Aluminum Sheet Trade Enforcement Working Group and its
individual members.
\4\ See Domestic Industry's Letter, ``1st Administrative Review
of the Antidumping Order on Common Alloy Aluminum Sheet from the
People's Republic of China--Domestic Industry's Comments Identifying
a Ministerial Error in Final Results,'' dated January 3, 2022.
---------------------------------------------------------------------------
Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines a ``ministerial error'' as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other
unintentional error which the administering authority considers
ministerial.'' With respect to final results of administrative reviews,
19 CFR 351.224(e) provides that Commerce ``will analyze any comments
received and, if appropriate, correct any ministerial error by amending
. . . the final results of review . . .''
Ministerial Error
Commerce agrees with the domestic industry that Commerce made
inadvertent, unintentional errors in the Final Results within the
meaning of section 751(h) of the Act and 19 CFR 351.224(f) with respect
to its calculation of financial ratios from the financial statement of
Alcomet A.B. used in the calculation of normal value for respondent,
Jiangsu Alcha Aluminum Co., Ltd., Baotou Alcha Aluminum Co., Ltd., and
Alcha International Holdings Limited (collectively, Alcha).
Accordingly, Commerce determines that, in accordance with section
751(h) of the Act and 19 CFR 351.224(f), it made ministerial errors in
the Final Results.
For a complete discussion of the ministerial error allegation, as
well as Commerce's analysis, see the accompanying Ministerial Error
Memorandum.\5\ The Ministerial Error Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and
[[Page 6505]]
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>.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Common Alloy Aluminum Sheet from the People's Republic
of China: Ministerial Error Allegation in the Final Results,'' dated
concurrently with this notice (Ministerial Error Memorandum).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.224(e), Commerce is amending the Final
Results to reflect the correction of a ministerial error in the
calculation of the weighted-average dumping margin assigned to Alcha in
the Final Results, which changes from 56.93 percent to 58.61 percent.
Furthermore, we are revising the dumping margin applicable to the
company not selected for individual examination in this administrative
review, Yinbang Clad Material Co., Ltd. (Yinbang Clad), which is based
entirely on Alcha's weighted-average dumping margin.\6\
---------------------------------------------------------------------------
\6\ See Final Results, 86 FR at 74067.
---------------------------------------------------------------------------
Amended Final Results
As a result of correcting the ministerial errors, Commerce
determines that the following weighted-average dumping margins exist
for the period June 22, 2018, through January 31, 2020:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Jiangsu Alcha Aluminum Co., Ltd.\7\/Baotou Alcha Aluminum 58.61
Co., Ltd./Alcha International Holdings Limited.............
Yinbang Clad Material Co., Ltd.............................. 58.61
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\7\ For the purposes of this review, we have considered the
names Jiangsu Alcha Aluminum Co., Ltd. and Jiangsu Alcha Aluminium
Co., Ltd., as equivalent.
---------------------------------------------------------------------------
We intend to disclose the calculations performed to parties in this
proceeding within five days after publication of these amended final
results in the Federal Register, in accordance with 19 CFR 351.224(b).
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 amended 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).\8\ 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 based on the resulting per-
unit rates.\9\ 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.\10\ 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.\11\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.212(b)(1).
\9\ Id.
\10\ Id.
\11\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
For the non-selected respondent that received a separate rate,
Yinbang Clad, we will instruct CBP to apply an antidumping duty
assessment rate of 58.61 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.\12\ 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.\13\
---------------------------------------------------------------------------
\12\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
\13\ 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.'').
---------------------------------------------------------------------------
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.
Notification to Importers
This notice also serves as a 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 this review period. 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 Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
[[Page 6506]]
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).
Dated: January 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-02351 Filed 2-3-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on February 4, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.