Notice2023-23530
Aluminum Lithographic Printing Plates From the People's Republic of China and Japan: Initiation of Less-Than-Fair-Value Investigations
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
October 25, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 88 Issue 205 (Wednesday, October 25, 2023)</title>
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[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Notices]
[Pages 73316-73321]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23530]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-156, A-588-881]
Aluminum Lithographic Printing Plates From the People's Republic
of China and Japan: Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable October 18, 2023.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros (the People's
Republic of China (China)) and Adam Simons (Japan), AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-7425 and (202) 482-6172,
respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On September 28, 2023, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of aluminum
lithographic printing plates (printing plates) from China and Japan
filed in proper form on behalf of Eastman Kodak Company (the
petitioner).\1\ These AD petitions were accompanied by a countervailing
duty (CVD) petition concerning imports of printing plates from
China.\2\
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\1\ See Petitioner's Letter, ``Aluminum Lithographic Printing
Plates from China and Japan--Petition for the Imposition of
Antidumping and Countervailing Duties,'' dated September 28, 2023
(Petitions).
\2\ Id.
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On October 2, 3, and 12, 2023, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\3\ On
October 5, 6, and 13, 2023, the petitioner filed timely responses to
these requests for additional information.\4\
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\3\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Aluminum
Lithographic Printing Plates from the People's Republic of China and
Japan: Supplemental Questions,'' dated October 2, 2023 (General
Issues Questionnaire); ``Petition for the Imposition of Antidumping
Duties on Imports of Aluminum Lithographic Printing Plates from the
People's Republic of China: Supplemental Questions,'' dated October
3, 2023; ``Petition for the Imposition of Antidumping Duties on
Imports of Aluminum Lithographic Printing Plates from Japan:
Supplemental Questions,'' dated October 3, 2023; and Memorandum,
``Phone Call with Counsel to the Petitioner,'' dated October 12,
2023.
\4\ See Petitioner's Letters, ``Aluminum Lithographic Printing
Plates from China and Japan--Petitioner's Supplement to Volume I
Relating to Request for the Imposition of Antidumping and
Countervailing Duties on Imports from China and Japan,'' dated
October 5, 2023 (General Issues Supplement); ``Aluminum Lithographic
Printing Plates from the People's Republic of China--Petitioner's
Responses to Supplemental Questions Related to Volume II of the
Petition,'' dated October 6, 2023; ``Aluminum Lithographic Printing
Plates from Japan--Petitioner's Responses to Supplemental Questions
Related to Volume III of the Petition,'' dated October 2023;
``Aluminum Lithographic Printing Plates from the People's Republic
of China--Petitioner's Response to 2nd Supplemental Questionnaire
Related to Volume II of the Petition,'' dated October 13, 2023; and
``Aluminum Lithographic Printing Plates from Japan--Petitioner's
Response to 2nd Supplemental Questionnaire Related to Volume III of
the Petition,'' dated October 13, 2023.
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[[Page 73317]]
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of printing
plates from China and Japan are being, or are likely to be, sold in the
United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the printing
plates industry in the United States. Consistent with section 732(b)(1)
of the Act, the Petitions are accompanied by information reasonably
available to the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(C) of the Act.\5\ Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested AD investigations.\6\
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\5\ See Petitions at Volume I (page 2).
\6\ See, infra, section on ``Determination of Industry Support
for the Petitions.''
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Periods of Investigation
Because the Petitions were filed on September 28, 2023, pursuant to
19 CFR 351.204(b)(1), the period of investigation (POI) for the Japan
AD investigation is July 1, 2022, through June 30, 2023. Because China
is a non-market economy (NME) country, pursuant to 19 CFR
351.204(b)(1), the POI for the China AD investigation is January 1,
2023, through June 30, 2023.
Scope of the Investigations
The products covered by these investigations are printing plates
from China and Japan. For a full description of the scope of these
investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On October 2, 2023, Commerce requested further information and
clarification from the petitioner regarding the proposed scope to
ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\7\ On October 5, 2023, the petitioner revised the scope.\8\ The
description of merchandise covered by these investigations, as
described in the appendix to this notice, reflects these
clarifications.
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\7\ See General Issues Questionnaire.
\8\ See General Issues Supplement at 2-7 and Attachments 1-3.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for parties to raise issues regarding product
coverage (i.e., scope).\9\ Commerce will consider all scope comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\10\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on November
7, 2023, which is 20 calendar days from the signature date of this
notice. Any rebuttal comments, which may include factual information,
must be filed by 5:00 p.m. ET on November 17, 2023, which is ten
calendar days from the initial comment deadline.
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\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that the parties
consider relevant to the scope of these investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All such
submissions must be filed on the records of each of the concurrent AD
and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\11\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a
handbook can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of printing plates to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant factors of
production (FOP) or costs of production (COP) accurately, as well as to
develop appropriate product comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe printing plates, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on November 7,
2023, which is 20 calendar days from the signature date of this
notice.\12\ Any rebuttal comments must be filed by 5:00 p.m. ET on
November 17, 2023, which is ten calendar days from the initial comment
deadline. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of both
of the AD investigations.
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\12\ See 19 CFR 351.303(b)(1).
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[[Page 73318]]
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\14\
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\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\15\ Based on our analysis of the information
submitted on the record, we have determined that printing plates, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\16\
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\15\ See Petitions at Volume I (pages 14-16); see also General
Issues Supplement at 7-8.
\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Antidumping Duty Investigation Initiation Checklists: Aluminum
Lithographic Printing Plates from the People's Republic of China and
Japan, dated concurrently with this notice (China AD Initiation
Checklist and Japan AD Initiation Checklist, collectively Country-
Specific AD Initiation Checklists), at Attachment II, Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Aluminum Lithographic Printing Plates from the
People's Republic of China and Japan (Attachment II).
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In determining whether the petitioner has standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production of printing plates in 2022 and compared this to the
estimated total 2022 production of the domestic like product for the
entire U.S. industry.\17\ We relied on data provided by the petitioner
for purposes of measuring industry support.\18\
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\17\ See Petitions at Volume I (pages 3-4 and Exhibits GEN-1 and
GEN-2); see also General Issues Supplement at 8 and Attachment 4.
\18\ Id. For further discussion, see Attachment II of the
Country-Specific AD Initiation Checklists.
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Our review of the data provided in the Petitions, General Issues
Supplement, and other information readily available to Commerce
indicates that the petitioner has established industry support for the
Petitions.\19\ First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action in order to evaluate industry support
(e.g., polling).\20\ Second, the domestic producers (or workers) have
met the statutory criteria for industry support under section
732(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petitions account for at least 25 percent of the total
production of the domestic like product.\21\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 732(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petitions account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petitions.\22\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\23\
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\19\ See Petitions at Volume I (pages 3-4 and Exhibits GEN-1 and
GEN-2); see also General Issues Supplement at 8 and Attachment 4.
For further discussion, see Attachment II of the Country-Specific AD
Initiation Checklists.
\20\ See Attachment II of the Country-Specific AD Initiation
Checklists; see also section 732(c)(4)(D) of the Act.
\21\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\22\ Id.
\23\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\24\
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\24\ See Petitions at Volume I (page 17 and Exhibit GEN-8).
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The petitioner contends that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
declining market share; underselling and price suppression; lost sales
and revenues; plant closures; declining employment variables; and
adverse impact on financial performance.\25\ We assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, causation, as well as negligibility, and we have
determined that these allegations are properly supported by adequate
evidence, and meet the statutory requirements for initiation.\26\
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\25\ Id. at Volume I (pages 17-35 and Exhibits GEN-1 through
GEN-3, GEN-6, and GEN-8 through GEN-13); see also General Issues
Supplement at 8-10 and Attachment 5.
\26\ See Country-Specific AD Initiation Checklists at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Aluminum Lithographic Printing Plates from the People's
Republic of China and Japan.
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[[Page 73319]]
Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate AD investigations of
imports of printing plates from China and Japan. The sources of data
for the deductions and adjustments relating to U.S. price and normal
value (NV) are discussed in greater detail in the Country-Specific AD
Initiation Checklists.
U.S. Price
For China and Japan, the petitioner based export price (EP) on
pricing information for sales of, or offers for sale of, printing
plates produced in and exported from each country. The petitioner made
certain adjustments to U.S. price to calculate a net ex-factory U.S.
price, where applicable.\27\
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\27\ See Country-Specific AD Initiation Checklists.
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Normal Value <SUP>28</SUP>
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\28\ In accordance with section 773(b)(2) of the Act, for the
Japan investigation, Commerce will request information necessary to
calculate the constructed value (CV) and COP to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
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For Japan, the petitioner based NV on home pricing information for
printing plates produced and sold in Japan during the applicable time
period and made certain adjustments to home market price to calculate a
net ex-factory home market price, where appropriate.\29\
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\29\ See Japan AD Initiation Checklist.
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Commerce considers China to be an NME country.\30\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of these investigations. Accordingly, we
base NV on FOPs valued in a surrogate market economy country in
accordance with section 773(c) of the Act.
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\30\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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The petitioner claims that Turkey is an appropriate surrogate
country for China because it is a market economy that is at a level of
economic development comparable to that of China and is a significant
producer of comparable merchandise.\31\ The petitioner provided
publicly available information from Turkey to value all FOPs.\32\ Based
on the information provided by the petitioner, we believe it is
appropriate to use Turkey as a surrogate country to value all FOPs for
initiation purposes.
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\31\ See China AD Initiation Checklist.
\32\ Id.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters was not reasonably available, the
petitioner used its own product-specific consumption rates as a
surrogate to value Chinese manufacturers' FOPs.\33\ Additionally, the
petitioner calculated factory overhead; selling, general and
administrative expenses; and profit based on the experience of a
Turkish producer of comparable merchandise.\34\
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\33\ Id.
\34\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of printing plates from China and Japan are being,
or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV, in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for printing plates for both of the
countries covered by this initiation are as follows: (1) China--107.62
percent; and Japan--23.46 percent.\35\
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\35\ See Country-Specific AD Initiation Checklists.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of printing plates from China and Japan are being, or
are likely to be, sold in the United States at LTFV. For a full
discussion of the basis for our decisions to initiate these AD
investigations, see the Country-Specific AD Initiation Checklists.
Public versions of the initiation checklists for these investigations
are available on ACCESS. In accordance with section 733(b)(1)(A) of the
Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determinations no later than 140 days after the date of
these initiations.
Respondent Selection
Japan
In the Petitions, the petitioner identified five companies in Japan
as producers/exporters of printing plates.\36\ Following standard
practice in AD investigations involving market economy countries, in
the event Commerce determines that the number of exporters or producers
is large such that Commerce cannot individually examine each company
based on its resources, where appropriate, Commerce intends to select
mandatory respondents in the Japan case based on U.S. Customs and
Border Protection (CBP) data for U.S. imports under the appropriate
Harmonized Tariff Schedule of the United States subheadings listed in
the ``Scope of the Investigations,'' in the appendix.
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\36\ See Petitions at Volume I (page 13 and Exhibit GEN-5).
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On October 12, 2023, Commerce released CBP data on imports of
printing plates from Japan under administrative protective order (APO)
to all parties with access to information protected by APO and
indicated that interested parties wishing to comment on CBP data and/or
respondent selection must do so within three business days of the
publication date of the notice of initiation of these
investigations.\37\ Comments must be filed electronically using ACCESS.
An electronically-filed document must be received successfully in its
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Commerce
will not accept rebuttal comments regarding the CBP data or respondent
selection.
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\37\ See Memorandum, ``Aluminum Lithographic Printing Plates
from Japan Antidumping Duty Petition: Release of U.S. Customs and
Border Protection Entry Data,'' dated October 12, 2023.
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China
In the Petitions, the petitioner named eight companies in China as
producers and/or exporters of printing plates.\38\ In accordance with
our standard practice for respondent selection in AD investigations
involving NME countries, Commerce selects respondents based on quantity
and value (Q&V) questionnaires in cases where it has determined that
the number of companies is large and it cannot individually examine
each company
[[Page 73320]]
based upon its resources. Therefore, considering the number of
producers and/or exporters identified in the Petition, Commerce will
solicit Q&V information that can serve as a basis for selecting
exporters for individual examination in the event that Commerce decides
to limit the number of respondents individually examined pursuant to
section 777A(c)(2) of the Act. Because there are eight Chinese
producers and/or exporters identified in the Petitions, Commerce has
determined that it will issue Q&V questionnaires to each potential
respondent for which the petitioner has provided a complete address.
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\38\ See Petitions at Volume I (page 13 and Exhibit GEN-5).
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In addition, Commerce will post the Q&V questionnaire along with
filing instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Producers/exporters of printing plates from
China that do not receive Q&V questionnaires may still submit a
response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Commerce's website. In accordance with the standard
practice for respondent selection in AD cases involving NME countries,
in the event Commerce decides to limit the number of respondents
individually investigated, Commerce intends to base respondent
selection on the responses to the Q&V questionnaire that it receives.
Responses to the Q&V questionnaire must be submitted by the
relevant Chinese producers/exporters no later than 5:00 p.m. ET on
November 1, 2023, which is two weeks from the signature date of this
notice. All Q&V questionnaire responses must be filed electronically
via ACCESS. An electronically filed document must be received
successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on
the deadline noted above.
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). As stated above, instructions
for filing such applications may be found on Commerce's website at
<a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at <a href="https://access.trade.gov/Resources/nme/nme-sep-rate.html">https://access.trade.gov/Resources/nme/nme-sep-rate.html</a>. The separate rate application will be
due 30 days after publication of this initiation notice. Exporters and
producers who submit a separate rate application and have been selected
as mandatory respondents will be eligible for consideration for
separate rate status only if they respond to all parts of Commerce's AD
questionnaire as mandatory respondents. Commerce requires that
companies from China submit a response both to the Q&V questionnaire
and to the separate rate application by the respective deadlines in
order to receive consideration for separate rate status. Companies not
filing a timely Q&V questionnaire response will not receive separate
rate consideration.
Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME Investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\39\
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\39\ See Enforcement and Compliance's Policy Bulletin 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005) at 6 (emphasis added), available on Commerce's website at
<a href="https://access.trade.gov/Resources/policy/bull05-1.pdf">https://access.trade.gov/Resources/policy/bull05-1.pdf</a>.
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Distribution of Copies of the AD Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the AD Petitions have been
provided to the governments of China and Japan via ACCESS. To the
extent practicable, we will attempt to provide a copy of the public
version of the AD Petitions to each exporter named in the AD Petitions,
as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petitions were filed, whether there is a reasonable
indication that imports of printing plates from China and/or Japan are
materially injuring, or threatening material injury to, a U.S.
industry.\40\ A negative ITC determination for either country will
result in the investigation being terminated with respect to that
country.\41\ Otherwise, these AD investigations will proceed according
to statutory and regulatory time limits.
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\40\ See section 733(a) of the Act.
\41\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \42\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\43\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\42\ See 19 CFR 351.301(b).
\43\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production
[[Page 73321]]
in the ordinary course of trade, the administering authority may use
another calculation methodology under this subtitle or any other
calculation methodology.'' When an interested party submits a PMS
allegation pursuant to section 773(e) of the Act, Commerce will respond
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If
Commerce finds that a PMS exists under section 773(e) of the Act, then
it will modify its dumping calculations appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301.\44\ For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\45\
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\44\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
\45\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\46\
Parties must use the certification formats provided in 19 CFR
351.303(g).\47\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\46\ See section 782(b) of the Act.
\47\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at <a href="https://access.trade.gov/Resources/filing/index.html">https://access.trade.gov/Resources/filing/index.html</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\48\
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\48\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020). Additionally, note that Commerce has modified its
regulations to make permanent certain changes to its service
procedures that were adopted on a temporary basis due to COVID-19,
as well as additional clarifications and corrections to its AD/CVD
regulations. Effective October 30, 2023, these changes will apply to
all AD/CVD proceedings that are ongoing on the effective date and
all AD/CVD proceedings initiated on or after the effective date. See
Administrative Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: October 18, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these investigations is aluminum
lithographic printing plates. Aluminum lithographic printing plates
consist of a flat substrate containing at least 90 percent aluminum.
The aluminum-containing substrate is generally treated using a
mechanical, electrochemical, or chemical graining process, which is
followed by one or more anodizing treatments that form a hydrophilic
layer on the aluminum-containing substrate. An image-recording,
oleophilic layer that is sensitive to light, including but not
limited to ultra-violet, visible, or infrared, is dispersed in a
polymeric binder material that is applied on top of the hydrophilic
layer, generally on one side of the aluminum lithographic printing
plate. The oleophilic light-sensitive layer is capable of capturing
an image that is transferred onto the plate by either light or heat.
The image applied to an aluminum lithographic printing plate
facilitates the production of newspapers, magazines, books,
yearbooks, coupons, packaging, and other printed materials through
an offset printing process, where an aluminum lithographic printing
plate facilitates the transfer of an image onto the printed media.
Aluminum lithographic printing plates within the scope of these
investigations include all aluminum lithographic printing plates,
irrespective of the dimensions or thickness of the underlying
aluminum substrate, whether the plate requires processing after an
image is applied to the plate, whether the plate is ready to be
mounted to a press and used in printing operations immediately after
an image is applied to the plate, or whether the plate has been
exposed to light or heat to create an image on the plate or remains
unexposed and is free of any image.
Subject merchandise also includes aluminum lithographic printing
plates produced from an aluminum sheet coil that has been coated
with a light-sensitive image-recording layer in a subject country
and that is subsequently unwound and cut to the final dimensions to
produce a finished plate in a third country (including the United
States), or exposed to light or heat to create an image on the plate
in a third country (including in a foreign trade zone within the
United States).
Excluded from the scope of these investigations are lithographic
printing plates manufactured using a substrate produced from a
material other than aluminum, such as rubber or plastic.
Aluminum lithographic printing plates are currently classifiable
under Harmonized Tariff of the United States (HTSUS) subheadings
3701.30.0000 and 3701.99.6060. Further, merchandise that falls
within the scope of these investigations may also be entered into
the United States under HTSUS subheadings 3701.99.3000 and
8442.50.1000. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope of these investigations is dispositive.
[FR Doc. 2023-23530 Filed 10-24-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 25, 2023.
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