Notice2023-04303
Common Alloy Aluminum Sheet From Croatia: Preliminary Results of Antidumping Duty Administrative Review; 2020-2022
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
March 2, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that Impol d.o.o. and Impol TLM d.o.o. (collectively, Impol), made sales of subject merchandise at less than normal value during the period of review (POR) October 15, 2020, through March 31, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 41 (Thursday, March 2, 2023)</title>
</head>
<body><pre>[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Notices]
[Pages 13095-13097]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04303]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-891-001]
Common Alloy Aluminum Sheet From Croatia: Preliminary Results of
Antidumping Duty Administrative Review; 2020-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that Impol d.o.o. and Impol TLM d.o.o. (collectively, Impol), made
sales of subject merchandise at less than normal value during the
period of review (POR) October 15, 2020, through March 31, 2022.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable March 2, 2023.
FOR FURTHER INFORMATION CONTACT: Dennis McClure, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5973.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2021, Commerce published the antidumping duty order on
aluminum sheet from Croatia.\1\ In accordance with section 751(a)(1) of
the Tariff Act of 1930, as amended (the Act), Commerce is conducting an
administrative review of the Order. On June 9, 2022, in accordance with
19 CFR 251.221(c)(1)(i), we initiated the administrative review of the
Order covering Impol, the only company requested for review.\2\ For a
complete description of the events between the initiation of this
review and these preliminary results, see the Preliminary Decision
Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from Bahrain, Brazil,
Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania,
Serbia, Slovenia, South Africa, Spain, Taiwan and the Republic of
Turkey: Antidumping Duty Orders, 86 FR 22139 (April 27, 2021)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165 (June 9, 2022).
\3\ See Memorandum, ``Common Alloy Aluminum Sheet from Croatia:
Decision Memorandum for the Preliminary Results of Antidumping Duty
Administrative Review; 2020-2022,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order is common alloy aluminum sheet
from Croatia. For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ Id. at ``Scope of the Order.''
---------------------------------------------------------------------------
Methodology
Commerce conducted this review in accordance with section 751(a) of
the Act. We calculated export prices in accordance with section 772(a)
of the Act. We calculated normal value in accordance with section 773
of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice. The Preliminary Decision Memorandum is a
public document and is 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="http://access.trade.gov">http://access.trade.gov</a>. In addition, the signed 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>.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period October 15, 2020, through March
31, 2022.
------------------------------------------------------------------------
Weighted-
average
Producer and/or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Impol d.o.o./Impol-TLM d.o.o.\5\........................... 2.37
------------------------------------------------------------------------
Assessment Rates
---------------------------------------------------------------------------
\5\ The preliminary rate calculated for Impol applies to subject
merchandise produced by Impol-TLM d.o.o. and exported by either
Impol-TLM d.o.o. (Croatia) or Impol d.o.o. (Slovenia).
---------------------------------------------------------------------------
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. Commerce intends to issue assessment instructions to CBP
no earlier than 35 days after the date of publication of the final
results of this administrative 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
[[Page 13096]]
expired (i.e., within 90 days of publication).
If Impol's weighted-average dumping margin is not de minimis (i.e.,
less than 0.50 percent), upon completion of the final results, Commerce
intends to calculate importer-specific assessment rates on the basis of
the ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those sales. Where we do
not have entered values for all U.S. sales to a particular importer, we
will calculate an importer-specific, per-unit assessment rate on the
basis of the ratio of the total amount of dumping calculated for the
importer's examined sales to the total quantity of those sales.\6\ To
determine whether an importer-specific, per-unit assessment rate is de
minimis, in accordance with 19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad valorem ratio based on estimated
entered values. Where either Impol's weighted-average dumping margin is
zero or de minimis, or an importer-specific ad valorem assessment rate
is zero or de minimis, we will instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\7\ For entries of subject
merchandise during the POR produced by Impol for which it did not know
that the merchandise it sold to the intermediary (e.g., reseller,
trading company, or exporter) was destined for the United States, we
will instruct CBP to liquidate such entries at the all-others rate \8\
if there is no rate for the intermediate company(ies) involved in the
transaction.\9\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.212(b)(1).
\7\ See 19 CFR 352.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
\8\ See Order.
\9\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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
duties, where applicable.\10\
---------------------------------------------------------------------------
\10\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for Impol will be
equal to the weighted-average dumping margin established in the final
results of this review (except, if that rate is de minimis, then the
cash deposit rate will be zero); (2) for producers or exporters not
covered in this review but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this
proceeding in which they were reviewed; (3) if the exporter is not a
firm covered in this review or a prior segment of the proceeding but
the producer is, then the cash deposit rate will be the rate
established for the most recently-completed segment of this proceeding
for the producer of the merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be 3.19 percent, the
all-others rate established in the less-than-fair-value
investigation.\11\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\11\ See Order, 86 FR at 22142.
---------------------------------------------------------------------------
Disclosure, Public Comment, and Opportunity To Request a Hearing
We intend to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs to Commerce no
later than 30 days after the date of publication of this notice.\12\
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed not later than seven days after the date for filing case
briefs.\13\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\14\ Case and
rebuttal briefs should be filed using ACCESS \15\ and must be served on
interested parties.\16\ Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\17\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006,
17007 (March 26, 2020).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ See 19 CFR 351.303.
\16\ See 19 CFR 351.303(f).
\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically-filed document must be received successfully
in its entirety by ACCESS by 5 p.m. Eastern Standard Time within 30
days after the date of publication of this notice. Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants; (3) whether any participant is a foreign
national; and (4) a list of issues parties intend to discuss. Issues
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at a date and time to be determined.\18\
---------------------------------------------------------------------------
\18\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice 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 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 to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(h) and 351.221(b)(4).
Dated: February 23, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
[[Page 13097]]
VI. Recommendation
[FR Doc. 2023-04303 Filed 3-1-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on March 2, 2023.
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.