Notice2023-24928
Common Alloy Aluminum Sheet From Germany: 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 13, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that the respondents under review sold common alloy aluminum sheet (CAAS) from Germany in the United States at less than normal value (NV) 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 217 (Monday, November 13, 2023)</title>
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[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Notices]
[Pages 77556-77558]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24928]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-849]
Common Alloy Aluminum Sheet From Germany: 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 the
respondents under review sold common alloy aluminum sheet (CAAS) from
Germany in the United States at less than normal value (NV) during the
period of review (POR), October 15, 2020, through March 31, 2022.
DATES: Applicable November 13, 2023.
FOR FURTHER INFORMATION CONTACT: Drew Jackson or Jonathan Hill, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4406 or (202) 482-3518,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 10, 2023, Commerce published notice of the Preliminary
Results of this review in the Federal Register and invited interested
parties to comment on those results.\1\ For details regarding the
events that occurred subsequent to publication of
[[Page 77557]]
Preliminary Results, see the Issues and Decision Memorandum.\2\
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\1\ See Common Alloy Aluminum Sheet from Germany: Preliminary
Results of Antidumping Duty Administrative Review; 2020-2022, 88 FR
30087 (May 10, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Common Alloy Aluminum Sheet from Germany; 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(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
Scope of the Order <SUP>3</SUP>
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\3\ 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 the Order is common alloy aluminum sheet
from Germany. Common alloy sheet is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000, 7606.91.3095,
7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, merchandise that
falls within the scope of the Order may also be entered into the United
States under HTSUS subheadings 7606.11.3030, 7606.12.3015,
7606.12.3025, 7606.12.3035, 7606.12.3091, 7606.91.3055, 7606.91.6055,
7606.92.3025, 7606.92.6055, 7607.11.9090. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of the Order is dispositive.
For a complete description of the scope, see the Issues and
Decision Memorandum.
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs 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 as an 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/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding the Preliminary Results, we made certain
changes to our margin calculations for Novelis Deutschland GmbH
(Novelis) and Speira GmbH (Speira) (which is the successor-in-interest
to Hydro Aluminium Rolled Products GmbH (HARP)) which also changed the
weighted-average dumping margin assigned to the non-individually
examined company under review, Constellium Rolled Products Singen GmbH
& Co. KG. (Constellium). For a discussion of these changes, see the
Issues and Decision Memorandum.
Successor-in-Interest Determination
In the Preliminary Results, Commerce determined that Speira is the
successor-in-interest to HARP.\4\ No party commented on this issue, and
we have received no information that contradicts our preliminary
finding. Therefore, we continue to find that Speira is the successor-
in-interest to HARP.
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\4\ See Preliminary Results, 88 FR at 30087 and accompanying PDM
at 4-5.
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Rates for Companies Not Selected for Individual Examination
The statute and Commerce's regulations do not address the
appropriate dumping margin to apply to respondents that were not
selected for individual examination when Commerce limits its
examination in an administrative review pursuant to section 777A(c)(2)
of the Act. Generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in an
investigation, for guidance when calculating the weighted-average
dumping margin for respondents that were not individually examined in
an administrative review.
Section 735(c)(5)(A) of the Act provides that the all-others rate
should be calculated by weight averaging the weighted-average dumping
margins determined for individually-examined respondents, excluding
rates that are zero, de minimis, or based entirely on facts available.
When the rates determined for individually examined respondents are all
zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method'' to establish the all-others rate.
The final weighted-average dumping margins that we calculated for
the mandatory respondents Novelis and Speira are not zero, de minimis,
or based entirely on facts available. Therefore, we assigned a
weighted-average dumping margin to the non-individually examined
respondent Constellium that is equal to the weighted average of the
weighted-average dumping margins that we calculated for Novelis and
Speira, consistent with the guidance in section 735(c)(5)(A) of the
Act. We weighted Novelis and Speira's weighted-average dumping margins
based on the publicly ranged value of their sales.\5\
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\5\ See Memorandum ``Calculation of the Weighted-Average Dumping
Margin for the Company Not Selected for Individual Examination''
dated concurrently with this notice.
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Final Results of Review
We are assigning the following estimated weighted-average dumping
margins to the firms listed below for the period October 15, 2020,
through March 31, 2022:
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Weighted-average
Producer or exporter dumping margin
(percent)
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Novelis Deutschland GmbH............................ 16.42
Speira GmbH (successor-in-interest to Hydro 16.69
Aluminium Rolled Products GmbH)....................
Review-Specific Rate Applicable to the Following Non-
Examined Company:
Constellium Rolled Products Singen GmbH & Co. KG 16.51
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Disclosure
Commerce intends to disclose to parties to the proceeding 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 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce will determine, and U.S. Customs and
[[Page 77558]]
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise covered by the final results
of this review. Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the date of publication date 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).
Where the respondent reported reliable entered values, we
calculated importer-specific ad valorem assessment rates by aggregating
the amount of dumping calculated for all U.S. sales to the importer and
dividing this amount by the total entered value of the merchandise sold
to the importer.\6\ Where the respondent did not report reliable
entered values, we calculated importer-specific per-unit assessment
rates by dividing the total amount of dumping calculated for all
reviewed U.S. sales to the importer by the total quantity of those
sales. We also calculated an estimated ad valorem importer-specific
assessment rate to determine whether the per-unit assessment rate is de
minimis (i.e., 0.50 percent or less).\7\ Where an importer-specific ad
valorem assessment rate is not zero or de minimis, Commerce will
instruct CBP to collect the appropriate duties at the time of
liquidation. However, where an importer-specific ad valorem assessment
rate is zero or de minimis, or a respondent's weighted-average dumping
margin is zero or de minimis, Commerce will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\8\
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\6\ See 19 CFR 351.212(b)(1).
\7\ Id.
\8\ See 19 CFR 351.106(c)(2).
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We will instruct CBP to apply an assessment rate to entries of
subject merchandise from the non-individually examined company,
Constellium, equal to the company's weighted-average dumping margin
listed in the table in the ``Final Results of Review'' section above.
For entries that were not reported in the U.S. sales data submitted
by Novelis, and Speira, but that were entered under their CBP 10-digit
case numbers (i.e., their cash deposit rates were applied at the time
of entry), Commerce will instruct CBP to liquidate such entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\9\
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\9\ 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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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 date of publication of
this notice in the Federal Register, as provided for by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
identified in the table in the ``Final Results of Review'' section
above will be equal to the weighted-average dumping margin listed for
the company in that table; (2) the cash deposit rate for an exporter
not covered by this administrative, will continue to be the company's
currently existing cash deposit rate; (3) if the exporter was not
covered by this review or a completed segment of this proceeding, but
the producer of the subject merchandise was covered, the cash deposit
rate will be the producers' most recently established cash deposit
rate; and (4) the cash deposit rate for all other producers or
exporters will continue to be 49.40 percent, the cash deposit rate
established in the investigation of this proceeding.\10\
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\10\ See Order, 86 FR at 22142.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
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 occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
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 these final results of administrative review 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)(2).
Dated: November 3, 2023.
Abdelali Elouaradia,
Deputy 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 of Review
V. Discussion of the Issues
General Issues
Comment 1: Whether Commerce Should Revise its Draft Customs
Instructions
Novelis
Comment 2: Whether Commerce Made Certain Ministerial Errors
Comment 3: Whether Commerce Should Include Certain Quarterly
Billing Adjustments in its Calculation of Net Home Market Prices
Speira
Comment 4: Whether to Reduce Section 232 Duties Paid on Certain
Sales by Claimed Reimbursements
Comment 5: Whether Commerce Improperly Excluded Certain U.S.
Sales from the Margin Calculations
Comment 6: Whether Commerce Double Counted Merchandise
Processing and Harbor Maintenance Fees for Certain Sales
VI. Recommendation
[FR Doc. 2023-24928 Filed 11-9-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 13, 2023.
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