Notice2022-24915
Common Alloy Aluminum Sheet From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Partial Recission of Antidumping Administrative Review; 2021-2022
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
November 16, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that all companies subject to this review are part of the China-wide entity because they did not establish eligibility for a separate rate. Additionally, Commerce is rescinding this review with respect to Yinbang Clad Material Co., Ltd. (Yinbang Clad). 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 220 (Wednesday, November 16, 2022)</title>
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[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Notices]
[Pages 68677-68679]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24915]
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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 and
Partial Recission of Antidumping Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that all companies subject to this review are part of the
China-wide entity because they did not establish eligibility for a
separate rate. Additionally, Commerce is rescinding this review with
respect to Yinbang Clad Material Co., Ltd. (Yinbang Clad). Interested
parties are invited to comment on these preliminary results of this
review.
DATES: Applicable November 16, 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 February 8, 2019, Commerce published the antidumping duty order
on common alloy aluminum sheet from the People's Republic of China
(China).\1\ On February 8, 2022, we published a notice of opportunity
for interested parties to request that Commerce conduct an
administrative review of the
[[Page 68678]]
Order.\2\ On February 28, 2022, we received requests for an
administrative review from Valeo North America, Inc (Valeo),\3\ and the
Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement
Working Group and its individual members \4\ (the domestic
industry).\5\ On April 12, 2022, Commerce published the initiation
notice of an administrative review of the Order with respect to Alcha
International Holdings Limited (Alcha International), Jiangsu Alcha
Aluminum Co., Ltd.,\6\ and Yinbang Clad.\7\ On April 25, 2022, the
domestic industry withdrew its request for review with respect to
Yinbang Clad.\8\ On May 12, 2022, Jiangsu Alcha and Alcha International
submitted a letter stating that neither company was entitled to a
separate rate, due to changes in the companies' government control
status.\9\
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\1\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 7112 (February 8,
2022).
\3\ See Valeo's Letter, ``Common Alloy Aluminum Sheet from the
People's Republic of China: Request for Administrative Review,''
dated February 28, 2022.
\4\ The individual members of the Aluminum Association Common
Alloy Aluminum Sheet Trade Enforcement Working Group are: Arconic
Corporation, Commonwealth Rolled Products, Inc., Constellium Rolled
Products Ravenswood, LLC, Jupiter Aluminum Corporation, JW Aluminum
Company, and Novelis Corporation.
\5\ See Domestic Industry's Letter, ``3rd Administrative Review
of the Antidumping Order on Common Alloy Aluminum Sheet from the
People's Republic of China--Domestic Industry's Request for 2021/
2022 Administrative Review,'' dated February 28, 2022.
\6\ Commerce previously determined that the following companies
should be treated as a single entity: Alcha International; Jiangsu
Alcha Aluminum Co., Ltd.; and Baotou Alcha Aluminum Co., Ltd.
(Baotou Alcha). Additionally, Commerce previously determined that
Jiangsu Alcha Aluminum Group Co., Ltd. (Jiangsu Alcha) 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, 74067 (December 29, 2021), unchanged in
Common Alloy Aluminum Sheet from the People's Republic of China:
Amended Final Results of Antidumping Duty Administrative Review,
2018-2020, 87 FR 6504 (February 4, 2022); see also Common Alloy
Aluminum Sheet from the People's Republic of China: Final Results of
Antidumping Duty Administrative Review; 2020-2021, 87 FR 54975
(September 8, 2022), as corrected by Common Alloy Aluminum Sheet
from the People's Republic of China: Final Results of Antidumping
Duty Administrative Review; 2020-2021; Correction, 87 FR 59059
(September 29, 2022). Accordingly, we are treating the single entity
of Alcha International, Jiangsu Alcha, and Baotou Alcha
(collectively, Alcha) as the companies under review in this
proceeding.
\7\ See Initiation of Antidumping and Countervailing Duty
Administrative Review, 87 FR 21619 (April 12, 2022) (Initiation
Notice).
\8\ See the Domestic Industry's Letter, ``3rd Administrative
Review of the Antidumping Duty Order on Common Alloy Aluminum Sheet
from the People's Republic of China--Domestic Industry's Partial
Withdrawal of Review Request,'' dated April 25, 2022 (Domestic
Industry's Partial Withdrawal of Review).
\9\ See Jiangsu Alcha and Alcha International's Letter, ``Common
Alloy Aluminum Sheet from the People's Republic of China: Notice
Regarding Alcha,'' dated May 12, 2022 (Alcha International's May
12th Submission).
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On October 26, 2022, we extended the deadline for these preliminary
results of review, until November 8, 2022.\10\ The period of review
(POR) is February 1, 2021, through January 31, 2022.
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\10\ See Memorandum, ``2021-2022 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 26, 2022.
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For details regarding the events that occurred subsequent to the
initiation of the review, see the Preliminary Decision Memorandum.\11\
A list of topics discussed in the Preliminary Decision Memorandum is
included as the 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 accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\11\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Antidumping Duty Administrative Review of
Common Alloy Aluminum Sheet from the People's Republic of China,''
dated 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 scope of the Order, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.213.
Partial Recission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties that
requested a review withdraw their requests within 90 days of the
publication date of the notice of initiation of the requested review.
The domestic industry withdrew its request for administrative review of
Yinbang Clad within 90 days of the date of the publication of the
Initiation Notice,\12\ and no other interested parties requested a
review of Yinbang Clad. Accordingly, Commerce is rescinding this review
with respect to Yinbang Clad, in accordance with 19 CFR 351.213(d)(1).
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\12\ See Domestic Industry's Partial Withdrawal of Review.
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Separate Rates
None of the companies within the Alcha entity submitted a separate
rate application or certification. Further, Jiangsu Alcha and Alcha
International submitted a letter stating they are not entitled to
submit a separate rate application in this administrative review due to
a change in their government control status.\13\ Accordingly, we
preliminarily find that Alcha has not established its eligibility for a
separate rate.\14\ For additional information, see the Preliminary
Decision Memorandum.
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\13\ See Alcha International's May 12th Submission.
\14\ See Initiation Notice (``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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China-Wide Entity
In accordance with Commerce's policy, the China-wide entity will
not be under review unless a party specifically requests, or Commerce
self-initiates, a review of the China-wide entity.\15\ Because no party
requested a review of the China-wide entity, the China-wide entity is
not under review and the weighted-average dumping margin for the China-
wide entity is not subject to change (i.e., 59.72 percent).\16\ Because
Alcha did not demonstrate its eligibility for a separate rate, we
preliminarily consider Alcha \17\ to be part of the China-wide entity.
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\15\ 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 (November 4, 2013).
\16\ See Order.
\17\ Including Alcha International, Jiangsu Alcha, and Baotou
Alcha.
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Disclosure and Public Comment
Normally, Commerce discloses the calculations used in its analysis
to parties in a review within five days of the date of publication of
the notice of preliminary results, in accordance with 19 CFR
351.224(b). However, in this case, there are no calculations on the
record to disclose.
Interested parties may submit case briefs no later than 30 days
after the date of publication of these preliminary
[[Page 68679]]
results of review in the Federal Register.\18\ Rebuttal briefs may be
filed no later than seven days after case briefs are filed, all
rebuttal briefs must be limited to comments raised in the case
briefs.\19\ 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.\20\
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\18\ See 19 CFR 351.309(c)(2).
\19\ See 19 CFR 351.309(d).
\20\ 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.\21\ 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.\22\
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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\21\ See 19 CFR 351.310(c).
\22\ See 19 CFR 351.310(d).
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All submissions must be filed electronically using ACCESS.\23\ An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time (ET) on the due date.\24\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information until further notice.\25\
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\23\ See generally 19 CFR 351.303.
\24\ 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).
\25\ See 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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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 and 19 CFR
351.213(h).
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review, in accordance
with 19 CFR 351.212(b)(1). If the preliminary results are unchanged for
the final results, we will instruct CBP to apply an ad valorem
assessment rate of 59.72 percent to all entries of subject merchandise
during the POR which were exported by Alcha.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the 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).
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 previously
investigated or reviewed Chinese and non-Chinese exporters 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; (2) for all Chinese exporters of subject merchandise
which have not been found to be entitled to a separate rate, including
Alcha, the cash deposit rate will be the rate for the China-wide entity
(i.e., 59.72 percent) \26\ and (3) 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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\26\ See Order.
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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: November 8, 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. Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2022-24915 Filed 11-15-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 16, 2022.
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