Notice2022-04607
Common Alloy Aluminum Sheet From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
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
March 4, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that certain companies under review sold subject merchandise at less than normal value during the period of review (POR), February 1, 2020, through January 31, 2021. Interested parties are invited to comment on these preliminary results of this review.
Full Text
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<title>Federal Register, Volume 87 Issue 43 (Friday, March 4, 2022)</title>
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[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12431-12433]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04607]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-073]
Common Alloy Aluminum Sheet From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2020-
2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain companies under review sold subject merchandise at less
than normal value during the period of review (POR), February 1, 2020,
through January 31, 2021. Interested parties are invited to comment on
these preliminary results of this review.
DATES: Applicable March 4, 2022.
FOR FURTHER INFORMATION CONTACT: Frank Schmitt, 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.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2021, in response to review requests from multiple
parties, Commerce initiated an administrative review of the antidumping
duty order on common alloy aluminum sheet (CAAS) from the People's
Republic of China (China).\1\ The POR is February 1, 2020, through
January 31, 2021.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 17124 (April 1, 2021).
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On May 18, 2021, Commerce selected one exporter for individual
examination as a mandatory respondent, Jiangsu Alcha Aluminum Co.,
Ltd.\2\ In the 2018-2020 administrative review of this antidumping duty
order Commerce determined that Jiangsu Alcha Aluminum Co., Ltd., Baotou
Alcha Aluminum Co., Ltd. (Baotou Alcha), and Alcha International
Holdings Limited (Alcha International) should be treated as a single
entity.\3\ Additionally, Commerce determined that Jiangsu Alcha
Aluminum Group Co., Ltd. (Jiangsu Alcha) is the successor-in-interest
to Jiangsu Alcha Aluminum Co., Ltd.\4\ Therefore, the mandatory
respondent in the current administrative review is the entity of
Jiangsu Alcha, Baotou Alcha, and Alcha International (collectively,
Alcha).
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\2\ See Memorandum, ``2020-2021 Antidumping Administrative
Review of Common Alloy Aluminum Sheet from the People's Republic of
China: Respondent Selection,'' dated May 18, 2021.
\3\ 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).
\4\ Id.
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During the course of this review, Alcha filed responses to
Commerce's questionnaires and supplemental questionnaires, and the
Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement
Working Group and its individual members \5\ (the domestic industry)
commented on those responses. On October 14, 2021, Commerce extended
the time limit for completing the preliminary results of this review,
until February 25, 2022.\6\
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\5\ The individual members of the Aluminum Association Common
Alloy Aluminum Sheet Trade Enforcement Working Group are: Aleris
Rolled Products Inc., Arconic Corporation, Commonwealth Rolled
Products, Inc., Constellium Rolled Products Ravenswood, LLC, Jupiter
Aluminum Corporation, JW Aluminum Company, and Novelis Corporation.
\6\ See Memorandum, ``2020-2021 Administrative Review of the
Antidumping Duty Order on Common Alloy Aluminum Sheet from the
People's Republic of China: Extension of Deadline for Preliminary
Results,'' dated October 14, 2021.
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For details regarding the events that occurred subsequent to the
initiation of the review, see the Preliminary Decision Memorandum.\7\ A
list of topics discussed in the Preliminary Decision Memorandum is
included as an Appendix to this notice. The Preliminary Decision
Memorandum is a public document and is made available to the public 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 Preliminary 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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\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2020-2021 Antidumping Duty Administrative Review of
Common Alloy Aluminum Sheet from the People's Republic of China,''
issued concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the order is common alloy aluminum sheet
from China. For a complete description of the
[[Page 12432]]
scope of the order, see the Preliminary Decision Memorandum.
Separate Rates
We preliminarily determine that the information placed on the
record by Jiangsu Alcha, Alcha International, and Yinbang Clad Material
Co., Ltd. (Yinbang Clad) demonstrates that these companies are eligible
for a separate rate. No companies under review have been preliminary
determined to be ineligible for a separate rate. For additional
information regarding Commerce's preliminary separate rates
determinations, see the Preliminary Decision Memorandum.
Dumping Margins for Separate Rate Companies
The statute and Commerce's regulations do not address what rate to
apply to respondents not selected for individual examination when
Commerce limits its examination in an administrative review, pursuant
to section 777A(c)(2) of the Act. Generally, Commerce looks 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 non-selected respondents that are not examined individually in
an administrative review. Section 735(c)(5)(A) of the Act states that
the all-others rate should be calculated by averaging the weighted-
average dumping margins for individually examined respondents,
excluding rates that are zero, de minimis, or based entirely on facts
available. Where the rates for the individually examined companies are
all zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method'' to establish the all-others rate. In this review, we
calculated a rate for Alcha that is not zero, de minimis, or based
entirely on facts available. Therefore, we have assigned this rate to
Yinbang Clad, the only company not selected for individual examination
in this review that is eligible for a separate rate.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Act. In determining the dumping
margins in this review, we calculated export and constructed export
prices in accordance with section 772 of the Act. Because Commerce has
determined that China is a nonmarket economy country,\8\ within the
meaning of section 771(18) of the Act, Commerce calculated normal value
in accordance with section 773(c) of the Act.
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\8\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing
Memorandum, ``China's Status as a Non-Market Economy,'' dated
October 26, 2017), unchanged in Certain Aluminum Foil from the
People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 83 FR 9282 (March 5, 2018).
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For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We are preliminarily assigning the following dumping margins to the
firms listed below for the period February 1, 2020, through January 31,
2021:
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Weighted-
average
Exporter dumping
margin
(percent)
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Jiangsu Alcha Aluminum Group Co., Ltd./Baotou Alcha Aluminum 39.10
Co., Ltd./Alcha International Holdings Limited.............
Yinbang Clad Material Co., Ltd.............................. 39.10
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Disclosure and Public Comment
Commerce intends to disclose to parties to the proceeding the
calculations performed for these preliminary results of review within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b). Interested parties may
submit case briefs no later than 30 days after the date of publication
of these preliminary results of review in the Federal Register.\9\
Rebuttal briefs may be filed no later than seven days after case briefs
are due and may respond only to arguments raised in the case
briefs.\10\ A table of contents, list of authorities used, and an
executive summary of issues should accompany any briefs submitted to
Commerce. The summary should be limited to five pages total, including
footnotes.\11\
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\9\ See 19 CFR 351.309(c)(ii).
\10\ See 19 CFR 351.309(d).
\11\ See 19 CFR 351.309(c)(2), (d)(2).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice in the Federal Register.\12\ Requests
should contain the party's name, address, and telephone number, the
number of individuals from the requesting party's firm that will attend
the hearing, and a list of the issues the party intends to discuss at
the hearing. Oral arguments at the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at a date and time to be determined.\13\
Parties should confirm by telephone the date and time of the hearing
two days before the scheduled date of the hearing.
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310(d).
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All submissions must be filed electronically using ACCESS.\14\ An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5 p.m.
Eastern Time (ET) on the due date.\15\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information until further notice.\16\
Unless otherwise extended, Commerce intends to issue the final results
of this administrative review, which will include the results of its
analysis of issues raised in any briefs, within 120 days of publication
of these preliminary results of review in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act.
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\14\ See generally 19 CFR 351.303.
\15\ See 19 CFR 351.303 (for general filing requirements); see
also Antidumping and Countervailing Duty Proceedings: Electronic
Filing Procedures; Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020); see also Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\17\ Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after date of publication of the final results of
this review in the Federal Register. 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).
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\17\ See 19 CFR 351.212(b)(1).
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For each individually examined respondent in this review whose
weighted-average dumping margin in the final results of review is not
zero or de minimis (i.e., less than 0.5 percent),
[[Page 12433]]
Commerce intends to calculate importer/customer-specific assessment
rates.\18\ Where the respondent reported reliable entered values,
Commerce intends to calculate importer/customer-specific ad valorem
assessment rates by aggregating the amount of dumping calculated for
all U.S. sales to the importer/customer and dividing this amount by the
total entered value of the merchandise sold to the importer/
customer.\19\ Where the respondent did not report entered values,
Commerce will calculate importer/customer-specific assessment rates by
dividing the amount of dumping for reviewed sales to the importer/
customer by the total quantity of those sales. Commerce will calculate
an estimated ad valorem importer/customer-specific assessment rate to
determine whether the per-unit assessment rate is de minimis; however,
Commerce will use the per-unit assessment rate where entered values
were not reported.\20\ Where an importer/customer-specific ad valorem
assessment rate is not zero or de minimis, Commerce will instruct CBP
to collect the appropriate duties at the time of liquidation. Where
either the respondent's weighted average dumping margin is zero or de
minimis, or an importer/customer-specific ad valorem assessment rate is
zero or de minimis, Commerce will instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\21\
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\18\ See 19 CFR 351.212(b)(1).
\19\ See 19 CFR 351.212(b)(1).
\20\ Id.
\21\ See Final Modification, 77 FR at 8103.
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For the respondents that were not selected for individual
examination in this administrative review, but which qualified for a
separate rate, the assessment rate will be based on the weighted-
average dumping margin(s) assigned to the respondent(s), as
appropriate, in the final results of this review.\22\
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\22\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: 2014-2015, 81
FR 29528 (May 12, 2016), and accompanying IDM at 10-11, unchanged in
Drawn Stainless Steel Sinks from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; Final
Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15,
2016).
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Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by an exporter
individually examined during this review, Commerce will instruct CBP to
liquidate the entry of such merchandise at the dumping margin for the
China-wide entity.\23\ Additionally, where Commerce determines that an
exporter under review had no shipments of subject merchandise to the
United States during the POR, any suspended entries of subject
merchandise that entered under that exporter's CBP case number during
the POR will be liquidated at the dumping margin for the China-wide
entity.
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\23\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
Commerce will instruct CBP to require a cash deposit for
antidumping duties equal to the weighted-average amount by which the
normal value exceeds U.S. price. The following cash deposit
requirements will be effective for shipments of the subject merchandise
from China entered, or withdrawn from warehouse, for consumption on or
after the publication date of this notice in the Federal Register, as
provided by section 751(a)(2)(C) of the Act: (1) For the exporters
listed in the table above, the cash deposit rate will be equal to the
weighted-average dumping margin established in the final results of
this review for the exporter (except, if the dumping margin is de
minimis (i.e., less than 0.5 percent), then the cash deposit rate will
be zero for that exporter); (2) for previously investigated or reviewed
Chinese and non-Chinese exporters that are not listed in the table
above but that have separate rates, the cash deposit rate will continue
to be the exporter-specific rate established in the most recently
completed segment of this proceeding; (3) for all Chinese exporters of
subject merchandise which have not been found to be entitled to a
separate rate, the cash deposit rate will be the rate for the China-
wide entity (i.e., 59.72 percent) \24\ and (4) for all non-Chinese
exporters of subject merchandise that have not received their own rate,
the cash deposit rate will be the rate applicable to the China exporter
that supplied that non-Chinese exporter. These deposit requirements,
when imposed, shall remain in effect until further notice.
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\24\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019).
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties and/or countervailing
duties prior to liquidation of the relevant entries during this POR.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping duties and/or
countervailing duties has occurred, and the subsequent assessment of
double antidumping duties and/or an increase in the amount of
antidumping duties by the amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: February 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Sections in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Adjustment Under Section 777A of the Act
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2022-04607 Filed 3-3-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 4, 2022.
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