Notice2023-24598
Common Alloy Aluminum Sheet From Spain: 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
November 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that common alloy aluminum sheet (aluminum sheet) from Spain was sold in the United States at less than normal value during the period of review (POR), October 15, 2020, through March 31, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 214 (Tuesday, November 7, 2023)</title>
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[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76722-76724]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24598]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-820]
Common Alloy Aluminum Sheet From Spain: 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) determines that
common alloy aluminum sheet (aluminum sheet) from Spain was sold in the
United States at less than normal value during the period of review
(POR), October 15, 2020, through March 31, 2022.
DATES: Applicable November 7, 2023.
FOR FURTHER INFORMATION CONTACT: Colin Thrasher, 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) 482-3004.
SUPPLEMENTARY INFORMATION:
Background
On May 5, 2023, Commerce published the Preliminary Results covering
one producer/exporter, Compania Valenciana de Aluminio Baux, S.L.U./
Bancolor Baux, S.L.U. (collectively, Baux).\1\ We invited interested
parties to comment on the Preliminary Results. On August 10, 2023,
Commerce extended the time period for issuing the final results of this
review until November 1, 2023.\2\ For a complete description of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\3\
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\1\ See Common Alloy Aluminum Sheet from Spain: Preliminary
Results of Antidumping Duty Administrative Review; 2020-2022, 88 FR
29090 (May 5, 2023) (Preliminary Results) and accompanying
Preliminary Decision Memorandum. Commerce previously determined that
Baux is a single 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. (Bancolor). 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) (Final Determination), and accompanying Issues and Decision
Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review, 2020-2022,'' dated August
10, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order: Common Alloy Aluminum Sheet from Spain; 2020-2022,'' dated
concurrently with and hereby adopted by this notice (Issues and
Decision Memorandum).
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order <SUP>4</SUP>
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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 products covered by this Order are common alloy aluminum sheet
from Spain. For a full description of the scope, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised and to which we responded in the Issues and Decision Memorandum
is attached to this notice as an appendix. 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/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties, we have recalculated the weighted-average dumping
margin for Baux. We have used updated sales databases and made certain
additional changes as a result of verification in determining Baux's
dumping margin. For a more detailed discussion of these changes, see
the Issues and Decision Memorandum.
Final Results of Review
Commerce determines that the following estimated 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 10.38
Baux, S.L.U..............................................
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Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with the final results within five days of any
public announcement or, if there is no public announcement, within five
days of the date of publication of the notice of final determination in
the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review.
Because Baux's weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.5 percent), Commerce has calculated
importer-specific antidumping duty assessment rates. We calculated
importer-specific ad valorem assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of the sales. Where an importer-specific assessment rate
is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by Baux
for which it did not know its merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate established in the original less-than-fair value (LTFV)
investigation of 3.80 percent if there is no rate for the intermediate
company(ies) involved in the transaction.\5\
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\5\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003); see also Final Determination.
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We intend to instruct CBP to take into account the ``provisional
measures deposit cap,'' in accordance with 19 CFR 351.212(d).
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 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 will be the
rate established in the final results of this administrative review;
(2) for merchandise exported by producers or exporters not covered in
this administrative 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; (3) if the exporter is not a firm covered in this review, a
prior review, or the LTFV investigation, but the producer is, the cash
deposit rate will be the rate established for the most recently
completed segment of this proceeding for the producer of the subject
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 3.80 percent, the all-others rate
established in the LTFV investigation.\6\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\6\ See Final Determination.
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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 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 has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
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
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notification of the 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
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)
and 19 CFR 351.213(h)(1).
Dated: November 1, 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 Should Grant Baux a Level of Trade
Adjustment
Comment 2: Whether Commerce Should Use Baux's Updated Databases
VI. Recommendation
[FR Doc. 2023-24598 Filed 11-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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