Notice2023-09570
Common Alloy Aluminum Sheet From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2020-2022
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Published
May 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on common alloy aluminum sheet (aluminum sheet) from Spain with respect to one exporter/producer of subject merchandise. The period of review (POR) is October 15, 2020, through March 31, 2022. Commerce preliminarily finds that sales of aluminum sheet from Spain were made at less than normal value (NV) during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 87 (Friday, May 5, 2023)</title>
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[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29090-29092]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09570]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-820]
Common Alloy Aluminum Sheet From Spain: Preliminary Results of
Antidumping Duty Administrative Review; 2020-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on common
alloy aluminum sheet (aluminum sheet) from Spain with respect to one
exporter/producer of subject merchandise. The period of review (POR) is
October 15, 2020, through March 31, 2022. Commerce preliminarily finds
that sales of aluminum sheet from Spain were made at less than normal
value (NV) during the POR. We invite interested parties to comment on
these preliminary results.
DATES: Applicable May 5, 2023.
FOR FURTHER INFORMATION CONTACT: Whitley Herndon, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6274.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2021, Commerce published the AD order on aluminum
sheet from Spain.\1\ On June 9, 2022, Commerce initiated an
administrative review of the Order, in accordance with section 751(a)
of the Tariff Act of 1930, as amended (the Act).\2\ This administrative
review covers one producer/exporter of the subject merchandise,
Compania Valenciana de Aluminio Baux, S.L.U./Bancolor Baux, S.L.U.
(collectively, Baux).\3\
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\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\ Commerce previously determined that Baux is a collapsed
entity comprised of the following two producers/exporters of subject
merchandise: Compania Valenciana de Aluminio Baux, S.L.U. and
Bancolor Baux S.L.U. See Common Alloy Aluminum Sheet from Spain:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures, 85 FR 65367 (October 15, 2020), and
accompanying Preliminary Decision Memorandum, unchanged in Common
Alloy Aluminum Sheet from Spain: Final Affirmative Determination of
Sales at Less Than Fair Value, 86 FR 13298 (March 8, 2021), and
accompanying Issues and Decision Memorandum.
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[[Page 29091]]
On December 5, 2022, Commerce extended the deadline for the
preliminary results until April 28, 2023.\4\ For a complete description
of the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\5\
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\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review, 2020-2022,''
dated December 5, 2022.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Common Alloy Aluminum Sheet from Spain; 2020-2022,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The products covered by this Order are common alloy aluminum sheet
from Spain. For a full description of the scope, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price is calculated in accordance with
section 772 of the Act. NV is calculated 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 included 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 is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period October 15, 2020, through March
31, 2022:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Compania Valenciana de Aluminio Baux, S.L.U./Bancolor Baux, 9.90
S.L.U.....................................................
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Assessment Rates
Upon completion of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), if
Baux's weighted-average dumping margin is not zero or de minimis (i.e.,
less than 0.5 percent) in the final results of this review, we will
calculate importer-specific assessment rates based on the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total entered value of those same sales. If Baux's weighted-average
dumping margin is zero or de minimis, or if an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by this review
and for future deposits of estimated duties, where applicable.\6\
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\6\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Baux for
which it did not know that the merchandise was destined for the United
States, we will instruct CBP to liquidate those entries at the all-
others rate established in the original less-than-fair value (LTFV)
investigation (i.e., 3.80 percent) \7\ if there is no rate for the
intermediate company(ies) involved in the transaction.\8\
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\7\ See Order.
\8\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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 expire (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for Baux in the
final results of review will be equal to the weighted-average dumping
margin established in the final results of this administrative review
except if the rate is less than 0.50 percent and, therefore, de minimis
within the meaning of 19 CFR 351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for merchandise exported by a company
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 in
which it was reviewed; (3) if the exporter is not a firm covered in
this review or the original LTFV investigation, 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; (4) the cash deposit rate for all other producers or
exporters will continue to be 3.80 percent,\9\ the all-others rate
established in the LTFV investigation. These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\9\ See Order.
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results or, if
there is no public announcement, within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b). Case
briefs or other written comments may be submitted to the Assistant
Secretary for Enforcement and Compliance no later than seven days after
the date on which the last verification report is issued in this
review. 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.\10\ 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
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summary of the argument; and (3) a table of authorities.\11\ Case and
rebuttal briefs should be filed using ACCESS \12\ and must be served on
interested parties.\13\ Executive summaries should be limited to five
pages total, including footnotes. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\14\
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\10\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
\12\ See, generally, 19 CFR 351.303.
\13\ See 19 CFR 351.303(f).
\14\ See Temporary Rule.
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Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary, filed electronically via
ACCESS.\15\ Requests should contain the party's name, address, and
telephone number, the number of participants, whether any participant
is a foreign national, and a list of the issues to be discussed. Issues
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs.\16\ If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm the date and time of the hearing two
days before the scheduled date. Parties are reminded that all briefs
and hearing requests must be filed electronically using ACCESS and
received successfully in their entirety by 5:00 p.m. Eastern Time on
the due date.
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310.
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon here in advance of the final results
of this review.
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 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 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 doubled
antidumping duties.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: April 28, 2023.
Lisa W. Wang,
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
VI. Recommendation
[FR Doc. 2023-09570 Filed 5-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 5, 2023.
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