Notice2023-14368
Common Alloy Aluminum Sheet From Croatia: Final 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
July 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on common alloy aluminum sheet (CAAS) from Croatia. The period of review (POR) is October 15, 2020, through March 31, 2022. The review covers one producer/exporter of the subject merchandise, Impol d.o.o./Impol-TLM d.o.o. (Impol). We determine that sales of subject merchandise by Impol were made at less than normal value (NV).
Full Text
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<title>Federal Register, Volume 88 Issue 129 (Friday, July 7, 2023)</title>
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[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43279-43281]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14368]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-891-001]
Common Alloy Aluminum Sheet From Croatia: Final 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) is conducting an
administrative review of the antidumping duty order on common alloy
aluminum sheet (CAAS) from Croatia. The period of review (POR) is
October 15, 2020, through March 31, 2022. The review covers one
producer/exporter of the subject merchandise, Impol d.o.o./Impol-TLM
d.o.o. (Impol). We determine that sales of subject merchandise by Impol
were made at less than normal value (NV).
DATES: Applicable July 7, 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
[[Page 43280]]
NW, Washington, DC 20230; telephone: (202) 482-5973.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the preliminary results of this review on March
2, 2023.\1\ We invited interested parties to comment on the Preliminary
Results. On April 3, 2023, Impol and the petitioner filed case
briefs.\2\ For a complete description of the events that occurred after
the Preliminary Results, see the Issues and Decision Memorandum.\3\
Commerce conducted this review in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended (the Act).
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\1\ See Common Alloy Aluminum Sheet from Croatia: Preliminary
Results of Antidumping Duty Administrative Review; 2020-2022; 88 FR
13095 (March 2, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Impol's Letter, ``Case Brief,'' dated April 3, 2023; see
also Petitioner's Letter, ``Case Brief,'' dated April 3, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results in the 2020-2021 Antidumping Duty Administrative
Review of Common Aluminum Alloy Sheet from Croatia,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order \4\
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\4\ 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).
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The product covered by this Order is CAAS from Croatia. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
The issues raised in the parties' case briefs are addressed in the
Issues and Decision Memorandum and are listed in the appendix to this
notice. 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 accessed directly at <a href="https://access.trade.gov/public/FRNNoticesListLayout.aspx">https://access.trade.gov/public/FRNNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on the comments received from interested parties and our
examination of record information, we made changes to our preliminary
dumping margin calculation for Impol. For a discussion of these
changes, see the Issues and Decision Memorandum.
Final Results of Review
As a result of this review, we determine the following weighted-
average dumping margin exists for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
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Impol d.o.o./Impol-TLM d.o.o.\5\........................... 3.76
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Disclosure
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\5\ The final 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).
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Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register, in accordance with section 751(a)
of the Act and 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), 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 the final results of
this review.
Impol's weighted-average dumping margin is not de minimis (i.e.,
less than 0.50 percent). Therefore, Commerce has calculated 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.\6\ Where we did not have entered values
for all U.S. sales to a particular importer, we have calculated 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. To determine whether an
importer-specific, per-unit assessment rate is de minimis, in
accordance with 19 CFR 351.106(c)(1), we have calculated an importer-
specific ad valorem ratio based on estimated entered values. Where 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\
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\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).
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Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by the company included in these
final results of review for which the reviewed company did not know
that the merchandise it sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instance, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\8\
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\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 expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following 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 Impol will be
equal to the weighted-average dumping margin established in the final
results of this review; (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.\9\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\9\ See Order, 86 FR at 22142.
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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
[[Page 43281]]
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.
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(a)(3), 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
the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: June 29, 2023.
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 Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Appropriately Limited Its Comparison
Market Analysis
Comment 2: Whether Commerce Should Weight Average and Match Home
Market Sales to U.S. Sales by Month Instead of Quarter
VI. Recommendation
[FR Doc. 2023-14368 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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