Notice2024-10709
Common Alloy Aluminum Sheet From South Africa: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
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
May 16, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that sales of common alloy aluminum sheet (aluminum sheet) from South Africa were made at less than normal value during the period of review (POR), April 1, 2022, through March 31, 2023. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 96 (Thursday, May 16, 2024)</title>
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[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Notices]
[Pages 42845-42847]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10709]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-791-825]
Common Alloy Aluminum Sheet From South Africa: Preliminary
Results of Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that sales of common alloy aluminum sheet (aluminum sheet)
from South Africa were made at less than normal value during the period
of review (POR), April 1, 2022, through March 31, 2023. We invite
interested parties to comment on these preliminary results.
DATES: Applicable May 16, 2024.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4243.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2021, Commerce published the antidumping duty order on
aluminum sheet from South Africa in the Federal Register.\1\ On April
4, 2023, we published in the Federal Register a notice of opportunity
to request an administrative review of the Order.\2\ On June 12, 2023,
pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended
(the Act), Commerce initiated an administrative review of the Order on
aluminum sheet from South Africa covering Hulamin Operations (Pty) Ltd.
(Hulamin Operations).\3\ On December 14, 2023, Commerce partially
extended the deadline for the preliminary results until March 31, 2023;
\4\ and on February 7, 2024, Commerce fully extended the deadline for
the preliminary results to April 26, 2024.\5\
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\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 19916 (April 4,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 38021 (June 12, 2023).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
14, 2023.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated February
7, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of topics discussed in the Preliminary Decision Memorandum is
attached as an appendix to this notice. 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>.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Common Alloy Aluminum Sheet from South Africa; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise under review is common alloy aluminum sheet. A full
description of the scope of the Order is contained in the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Constructed export price was calculated in
accordance with section 772 of the Act. Normal value was calculated in
accordance with section 773 of the Act. For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margin exists for the
period April 1, 2022, through March 31, 2023:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Hulamin Operations (Pty) Ltd............................... 3.54
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[[Page 42846]]
Disclosure and Public Comment
Commerce will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days after public announcement of the preliminary results or, if there
is no public announcement, within five days of the date of publication
of this notice in the Federal Register.\7\
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\7\ See 19 CFR 351.224(b).
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Case briefs may be submitted to the Assistant Secretary for
Enforcement and Compliance. Interested parties will be notified of the
timeline for the submission of such case briefs and written comments at
a later date. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the date for filing
case briefs.\8\ Parties who submit case briefs or rebuttal briefs in
this proceeding are requested to submit with the argument: (1) a
statement of the issue, (2) a table of authorities.\9\ As provided
under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have
encouraged interested parties to provide an executive summary of their
briefs that should be limited to five pages total, including footnotes.
In this review, we instead request that interested parties provide at
the beginning of their briefs a public, executive summary for each
issue raised in their briefs.\10\ Further, we request that interested
parties limit their public executive summary of each issue to no more
than 450 words, not including citations. We intend to use the public
executive summaries as the basis of the comment summaries included in
the issues and decision memorandum that will accompany the final
results in this administrative review. We request that interested
parties include footnotes for relevant citations in the public
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
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\8\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Procedures.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\12\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, we will inform
parties of the scheduled date for the hearing at a time and location to
be determined.\13\ Parties should confirm by telephone the date, time,
and location of the hearing no fewer than two days before the scheduled
date. Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS and received successfully in their
entirety by 5:00 p.m. Eastern Time on the due date.
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, not later than
120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. If Hulamin
Operations' weighted-average dumping margin is above de minimis (i.e.,
0.50 percent), we will calculate importer-specific ad valorem
antidumping duty assessment rates based on the ratio of the total
amount of dumping calculated for the importer's examined sales to the
total entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\14\ If the respondent has not reported entered values,
we will calculate a per-unit assessment rate for each importer by
dividing the total amount of dumping calculated for the examined sales
made to that importer by the total quantity associated with those
sales. We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate calculated in the final results of this review is above
de minimis (i.e., 0.50 percent). Where either the respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.\15\
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\14\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012).
\15\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by the
respondent for which it did not know that the merchandise was destined
for the United States, we will instruct CBP to liquidate entries not
reviewed at the all-others rate of 8.85 percent \16\ if there is no
rate for the intermediate company(ies) involved in the transaction.
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\16\ See Order, 86 FR at 22142.
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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 cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of aluminum sheet from South Africa entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results, as provided by section 751(a)(2) of the Act: (1) the
cash deposit rate for Hulamin Operations will be equal to the dumping
margins established in the final results of this review, except if the
ultimate rate is de minimis within the meaning of 19 CFR 351.106(c)(1),
in which case the cash deposit rates will be zero; (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 in which the
producer or exporter participated; (3) if the exporter is not a firm
covered in this review, a prior review, or the original less-than-fair-
value investigation but the producer is, then the cash deposit rate
will be the
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rate established for the most recently completed segment of the
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
8.85 percent, the all-others rate established in the antidumping duty
investigation.\17\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\17\ Id.
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Notification to Importers
This notice also serves as a preliminary 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 review period. 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.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2), and
19 CFR 351.221(b)(4).
Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-10709 Filed 5-15-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 16, 2024.
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