Notice2023-15947
Common Alloy Aluminum Sheet From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping and Countervailing Duty Orders; 4017 Aluminum Sheet
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 27, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of aluminum sheet produced from aluminum alloy 4017 (4017 aluminum sheet) produced in the People's Republic of China (China) and exported to the United States constitutes merchandise altered in form or appearance in such minor respects that it should be included within the scope of the antidumping duty (AD) and countervailing duty (CVD) orders on common alloy aluminum sheet (CAAS) from China. As a result, 4017 aluminum sheet will be subject to suspension of liquidation effective August 26, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 143 (Thursday, July 27, 2023)</title>
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[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Notices]
[Pages 48438-48440]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15947]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-073, C-570-074]
Common Alloy Aluminum Sheet From the People's Republic of China:
Affirmative Final Determination of Circumvention of the Antidumping and
Countervailing Duty Orders; 4017 Aluminum Sheet
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of aluminum sheet produced from aluminum alloy 4017 (4017
aluminum sheet) produced in the People's Republic of China (China) and
exported to the United States constitutes merchandise altered in form
or appearance in such minor respects that it should be included within
the scope of the antidumping duty (AD) and countervailing duty (CVD)
orders on common alloy aluminum sheet (CAAS) from China. As a result,
4017 aluminum sheet will be subject to suspension of liquidation
effective August 26, 2022.
DATES: Applicable July 27, 2023.
FOR FURTHER INFORMATION CONTACT: Frank Schmitt, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401
[[Page 48439]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
4880.
SUPPLEMENTARY INFORMATION:
Background
On April 12, 2023, Commerce published the Preliminary Determination
of the circumvention inquiry of the AD and CVD orders on CAAS from
China \1\ with respect to 4017 aluminum sheet, produced in China and
exported to the United States.\2\ Although we invited parties to
comment on the Preliminary Determination of this inquiry, we received
no comments. We notified the U.S. International Trade Commission (ITC)
of our preliminary determination and did not receive a request for
consultation from the ITC.\3\ Commerce conducted this circumvention
inquiry pursuant to section 781(copyright) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR 351.226(j).
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\1\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019);
and Common Alloy Aluminum Sheet from the People's Republic of China:
Antidumping Duty Order, 84 FR 2813 (February 8, 2019) (collectively,
Orders).
\2\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Preliminary Affirmative Determination of Circumvention, 88
FR 21998 (April 12, 2023) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum (PDM).
\3\ See Commerce's Letter, ``Common Alloy Aluminum Sheet from
the People's Republic of China: Preliminary Affirmative
Determination of Circumvention for 4017 Aluminum Sheet of the
Antidumping and Countervailing Duty Orders,'' dated April 7, 2023.
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Scope of the Orders
The merchandise covered by the Orders is aluminum common alloy
sheet (common alloy sheet), which is a flat-rolled aluminum product
having a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils
or cut-to-length, regardless of width. Common alloy sheet within the
scope of the Orders includes both not clad aluminum sheet, as well as
multi-alloy, clad aluminum sheet. With respect to not clad aluminum
sheet, common alloy sheet is manufactured from a 1XXX-, 3XXX-, or 5XXX-
series alloy as designated by the Aluminum Association. With respect to
multi-alloy, clad aluminum sheet, common alloy sheet is produced from a
3XXX-series core, to which cladding layers are applied to either one or
both sides of the core.
Common alloy sheet may be made to ASTM specification B209-14, but
can also be made to other specifications. Regardless of specification,
however, all common alloy sheet meeting the scope description is
included in the scope. Subject merchandise includes common alloy sheet
that has been further processed in a third country, including but not
limited to annealing, tempering, painting, varnishing, trimming,
cutting, punching, and/or slitting, or any other processing that would
not otherwise remove the merchandise from the scope of the Orders if
performed in the country of manufacture of the common alloy sheet.
Excluded from the scope of the Orders is aluminum can stock, which
is suitable for use in the manufacture of aluminum beverage cans, lids
of such cans, or tabs used to open such cans. Aluminum can stock is
produced to gauges that range from 0.200 mm to 0.292 mm, and has an H-
19, H-41, H-48, or H-391 temper. In addition, aluminum can stock has a
lubricant applied to the flat surfaces of the can stock to facilitate
its movement through machines used in the manufacture of beverage cans.
Aluminum can stock is properly classified under Harmonized Tariff
Schedule of the United States (HTSUS) subheadings 7606.12.3045 and
7606.12.3055.
Where the nominal and actual measurements vary, a product is within
the scope if application of either the nominal or actual measurement
would place it within the scope based on the definitions set for the
above.
Common alloy sheet is currently classifiable under HTSUS
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3090, 7606.12.6000,
7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Further,
merchandise that falls within the scope of the Orders may also be
entered into the United States under HTSUS subheadings 7606.11.3030,
7606.12.3030, 7606.91.3060, 7606.91.6040, 7606.92.3060, 7606.92.6040,
7607.11.9090. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of the Orders is dispositive.
Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers aluminum sheet produced in China
from aluminum alloy 4017 and exported to the United States. A complete
description of the merchandise subject to the circumvention inquiry is
contained in the Preliminary Decision Memorandum.\4\
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\4\ See Preliminary Determination, PDM.
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Methodology
We conducted this circumvention inquiry pursuant to section 781(c)
of the Act and 19 CFR 351.226(j). For a complete description of the
methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum. The Preliminary 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
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>.
Affirmative Final Determination of Circumvention
As detailed in the Preliminary Determination,\5\ we determine, on
the basis of facts available with an adverse inference, that 4017
aluminum sheet produced in China and exported to the United States
constitutes merchandise altered in form or appearance in such minor
respects that it should be included within the scope of the Orders,
pursuant to section 781(c) of the Act and 19 CFR 351.226(j). Commerce
continues to apply this affirmative circumvention finding on a country-
wide basis. Because we received no comments regarding our Preliminary
Determination, our final determination remains unchanged from our
Preliminary Determination. Therefore, we determine that it is
appropriate to include this merchandise within the scope of the Orders
and to instruct U.S. Customs and Border Protection (CBP) to continue to
suspend any entries of 4017 aluminum sheet produced in China and
exported to the United States.
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\5\ Id.
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Suspension of Liquidation
In accordance with 19 CFR 351.226(l)(3), based on this final
determination in this circumvention inquiry, Commerce will direct CBP
to begin or continue to suspend liquidation and to require cash
deposits of estimated duties equal to the AD and CVD rates in effect
for CAAS from China for each unliquidated entry of 4017 aluminum sheet
produced in China and exported to the United States that has been
entered, or withdrawn from warehouse, for consumption on or after
August 26, 2022.\6\ The suspension of liquidation and cash deposit
[[Page 48440]]
requirements will remain in effect until further notice.
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\6\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Initiation of Circumvention Inquiry of the Antidumping and
Countervailing Duty Orders--4017 Aluminum Sheet, 87 FR 52509 (August
26, 2022).
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Administrative Protective Order
This notice will serve as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/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
This determination is published in accordance with section 781(c)
of the Act and 19 CFR 351.226(g)(2).
Dated: July 21, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-15947 Filed 7-26-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 27, 2023.
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