Notice2022-19342
Common Alloy Aluminum Sheet From the People's Republic of China: Final 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
September 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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) February 1, 2020, through January 31, 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 173 (Thursday, September 8, 2022)</title>
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[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54975-54977]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19342]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-073]
Common Alloy Aluminum Sheet From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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) February 1, 2020,
through January 31, 2021.
DATES: Applicable September 8, 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
Commerce published the Preliminary Results of this administrative
review on March 4, 2022.\1\ After publication of the Preliminary
Results, interested parties filed case and rebuttal briefs.\2\ On June
15, 2022, we extended the deadline for these final results until August
23, 2022.\3\ On August 19, 2022, we extended the deadline for these
final results until August 31, 2022.\4\ For a full summary of the
events that occurred since Commerce published the Preliminary Results,
see the Issues and Decision Memorandum.\5\ 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
Reviews; 2020-2021 (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Aluminum Association Common Alloy Aluminum Sheet Trade
Enforcement Working Group (Domestic Industry)'s Letter, ``Domestic
Industry's Case Brief,'' dated April 5, 2022; see also Jiangsu Alcha
Aluminum Group Co., Ltd. and its affiliates (collectively, Alcha)'s
Letter, ``Common Alloy Aluminum Sheet from the People's Republic of
China: Alcha Group's Case Brief,'' dated April 4, 2022; Domestic
Industry's Letter, ``Domestic Industry's Rebuttal Case Brief
Concerning Jiangsu Alcha Aluminum Co., Ltd,'' dated April 13, 2022;
and Alcha's Letter, ``Common Alloy Aluminum Sheet from the People's
Republic of China: Alcha's Rebuttal Brief,'' dated April 13, 2022.
\3\ 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 Final
Results,'' dated June 15, 2022.
\4\ 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 Final
Results,'' dated August 19, 2022.
\5\ 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; 2020-2021,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>6</SUP>
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\6\ 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.\7\ 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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\7\ 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 a surrogate value unit
of measure conversion and to the calculation of surrogate financial
ratios. Additionally, we changed the surrogate value used for the
purchased recycled aluminum input. For a discussion of these changes,
see the Issues and Decision Memorandum.
[[Page 54976]]
Separate Rates
In the Preliminary Results, Commerce determined that Jiangsu Alcha
Aluminum Group Co., Ltd. (Jiangsu Alcha), Alcha International Holdings
Limited (Alcha International), and Yinbang Clad Material Co., Ltd.
(Yinbang Clad) are eligible for a separate rate.\8\ No interested
parties submitted comments on Commerce's preliminary separate rate
determinations. For these final results, taking into account Commerce's
previous single entity determination,\9\ we continue to determine that
the single entity of Jiangsu Alcha, Alcha International, Baotou Alcha
Aluminum Co., Ltd. (Baotou Alcha) (collectively, Alcha), is eligible
for a separate rate, as is Yinbang Clad.
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\8\ See Preliminary Results, 87 FR at 12432; see also
Preliminary Results PDM at 5-8.
\9\ In the 2018-2020 administrative review of this antidumping
order, Commerce determined that Jiangsu Alcha Aluminum Co., Ltd.,
Baotou Alcha and Alcha International should be treated as a single
entity. Additionally, Commerce determined that Jiangsu Alcha
Aluminum Group Co., Ltd. is the successor-in-interest to Jiangsu
Alcha Aluminum Co., Ltd. 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).
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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, 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 respondents
not individually examined in an administrative review. Section
735(c)(5)(A) of the Act states that 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} .'' When the rates for 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.
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, the sole
separate rate respondent that was not selected for individual
examination, a margin of 51.50 percent, Alcha's calculated weighted-
average dumping margin, for these final results.
The China-Wide Entity
In accordance with Commerce policy,\10\ because no party requested
a review of the China-wide entity, and Commerce did not self-initiate a
review of the entity, the China-wide entity is not under review, and
the dumping margin assigned to the China-wide entity (i.e., 59.72
percent) is not subject to change.\11\ Commerce does not consider any
company under review as part of the China-wide entity because every
company under review demonstrated separate rate eligibility.
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\10\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November
4, 2013).
\11\ See Order, 84 FR at 2814.
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Final Results of Administrative Review
For the companies subject to this administrative review that
established their eligibility for a separate rate, Commerce determines
that the following weighted-average dumping margins exist for the
period February 1, 2020, through January 31, 2021:
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\12\ 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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Weighted-
average
Exporter dumping
margin
(percent)
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Jiangsu Alcha Aluminum Co., Ltd.\12\/Baotou Alcha Aluminum 51.50
Co., Ltd./Alcha International Holdings Limited.............
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Non-Selected Company Under Review Receiving a Separate Rate
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Yinbang Clad Material Co., Ltd.............................. 51.50
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Disclosure
Pursuant to 19 CFR 351.224(b), within five days of the publication
of this notice in the Federal Register, we will disclose to the parties
in this proceeding, the calculations that we performed for these final
results of review.
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).\13\ 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.\14\ 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.\15\ 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.\16\
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\13\ See 19 CFR 351.212(b)(1).
\14\ Id.
\15\ Id.
\16\ 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 51.50 percent to all entries of subject merchandise
that entered the United States during the POR.
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)
[[Page 54977]]
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, 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, 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 to Importers
This notice 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 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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 regulations and terms of an APO
is a violation which is subject to sanction.
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: August 31, 2022.
Lisa W. Wang,
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-A: Selection of Surrogate Country
Comment 1-B: Selection of Surrogate Financial Statement
Comment 2: Application of Partial Adverse Facts Available (AFA)
Comment 3: Partial AFA Methodology
Comment 4: Double Remedies Adjustment
Comment 5: Selection of Surrogate Values (SV) for Recycled
Aluminum and Aluminum Scrap
Comment 6: Selection of Surrogate Distance of North American
Inland Train Freight
Comment 7: Selection of SV for Ocean Freight
Comment 8: Unit Conversion in the Calculation of the SV for
North American Inland Train Freight
Comment 9: Valuation of Domestic Inland Freight for Factors of
Production (FOP)
VI. Recommendation
[FR Doc. 2022-19342 Filed 9-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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