Notice2024-12117
Aluminum Lithographic Printing Plates From the People's Republic of China: Amended Preliminary Determination of the Less-Than-Fair-Value Investigation
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
June 3, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending its preliminarily affirmative determination in the less-than-fair value (LTFV) investigation of aluminum lithographic printing plates (printing plates) from People's Republic of China (China) to correct significant ministerial errors. The period of investigation (POI) is January 1, 2023, through June 30, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 107 (Monday, June 3, 2024)</title>
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[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Notices]
[Pages 47516-47517]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12117]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-156]
Aluminum Lithographic Printing Plates From the People's Republic
of China: Amended Preliminary Determination of the Less-Than-Fair-Value
Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending its
preliminarily affirmative determination in the less-than-fair value
(LTFV) investigation of aluminum lithographic printing plates (printing
plates) from People's Republic of China (China) to correct significant
ministerial errors. The period of investigation (POI) is January 1,
2023, through June 30, 2023.
DATES: Applicable June 3, 2024.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, 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.
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2024, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
printing plates from China.\1\ On May 6, 2024, Eastman Kodak Company
(the petitioner) timely alleged that Commerce made significant
ministerial errors in calculating FUJIFILM Printing Plate (China) Co.,
Limited's (Fujifilm) preliminary estimated weighted-average dumping
margin.\2\
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\1\ See Aluminum Lithographic Printing Plates from the People's
Republic of China: Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Preliminary Affirmative Determination of
Critical Circumstances, and Postponement of Final Determination and
Extension of Provisional Measures, 89 FR 35062 (May 1, 2024)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Petitioner's Letter, ``Petitioner's Comments on
Significant Ministerial Errors in Preliminary Margin Calculations,''
dated May 6, 2024 (Petitioner Ministerial Errors Allegation).
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Scope of the Investigation
The products covered by this investigation are printing plates from
China. For a complete description of the scope of this investigation,
see the Preliminary Determination.\3\
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\3\ See Preliminary Determination, 89 FR at 35064.
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Legal Framework
Pursuant to 19 CFR 351.224(e), Commerce will correct any
significant ministerial error by amending the preliminary
determination. A ministerial error is defined as including errors ``in
addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which {Commerce{time}
considers ministerial.'' \4\ A ministerial error is considered to be
``significant'' if its correction, either singly or in combination with
other errors, would result in: (1) a change of at least five absolute
percentage points in, but not less than 25 percent of, the weighted-
average dumping margin calculated in the preliminary determination; or
(2) a difference between a weighted-average dumping margin of zero (or
de minimis) and a weighted-average dumping margin of greater than de
minimis or vice versa.\5\
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\4\ See section 735(e) of the Tariff Act of 1930, as amended
(the Act); see also 19 CFR 351.224(f).
\5\ See 19 CFR 351.224(g).
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Analysis of Significant Ministerial Errors
The petitioner alleged that: (1) Commerce's conversion of surrogate
value (SV) information, from a per-kilogram to a per-pound basis for
direct material and packing inputs, results in a mismatch in the units
of measure between the SV information and Fujifilm's reported data; (2)
Commerce erroneously converted the natural gas and steam surrogate
values from kilograms to pounds, not to cubic meters and metric tons;
and (3) Commerce did not include certain packing input variables in the
calculation of the PACKING variable, which is used in the calculation
of normal value.\6\ In the Preliminary Determination, when calculating
SVs for Fujifilm, we inadvertently converted the SVs to pounds,
resulting in a mismatch to Fujifilm's factors of production, which were
reported on a kilogram basis.\7\ In addition, we inadvertently excluded
certain packing inputs from the calculation of normal value.\8\
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\6\ See Petitioner Ministerial Errors Allegation.
\7\ See Memorandum, ``Surrogate Values for the Preliminary
Determination,'' dated April 25, 2024, at Attachment I.
\8\ See Memorandum, ``Preliminary Determination Analysis
Memorandum for FUJIFILM Printing Plate (China) Co., Limited,'' dated
April 25, 2024, at Attachment III.
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Commerce finds that the allegations by the petitioner constitute
significant ministerial errors within the meaning of 19 CFR 351.224(f)
and (g)(1), because correcting for these errors increases Fujifilm's
preliminary weighted-average dumping margin from 38.57 to 164.31
percent, which is a change that is at least five absolute percentage
points in, but not less than 25 percent of, the weighted-average
dumping margin calculated for Fujifilm in the Preliminary
Determination.
Furthermore, in the Preliminary Determination, Commerce
preliminarily determined that it was appropriate to use the facts
available in determining the rate of the China-wide entity, pursuant to
sections 776(a)(1) and (2)(A)-(C) of the Act,\9\ including the use of
an adverse inference, pursuant to section 776(b) of the Act.\10\ In
selecting a rate to apply to the China-wide entity, Commerce selects a
rate that is sufficiently adverse to ensure that the uncooperative
party does not obtain a more favorable result by failing to cooperate
than if it had fully cooperated.\11\ In an investigation, it is
Commerce's practice with respect to the assignment of an adverse facts
available (AFA) rate to select the higher of the: (a) highest margin
alleged in the petition; or (b) the highest calculated rate of any
respondent in the investigation.\12\ As a
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result of correcting the ministerial errors discussed above, because
the rate calculated for Fujifilm is now higher than the dumping margin
alleged in the Petition (i.e., 107.62 percent), we find it most
appropriate to apply the highest individual margin calculated for
Fujifilm (i.e., 477.60 percent) as the basis for the AFA rate assigned
to the China-wide entity.\13\ For a detailed discussion of the alleged
ministerial errors, as well as Commerce's analysis, see the Ministerial
Error Memorandum.\14\
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\9\ See Preliminary Determination PDM at 12.
\10\ Id. at 13.
\11\ See Preliminary Determination PDM at 14 (citing Tapered
Roller Bearing and Parts Thereof, Finished and Unfinished, from
Japan, and Tapered Roller Bearings, Four Inches or Less in Outside
Diameter, and Components Thereof from Japan; Preliminary Results of
Antidumping Duty Administrative Reviews and Partial Termination of
Administrative Reviews, 61 FR 57391, 57392 (November 6, 1996),
unchanged in Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, from Japan, and Tapered Roller Bearings, Four Inches or
Less in Outside Diameter, and Components Thereof, from Japan; Final
Results of Antidumping Duty Administrative Revies and Termination in
Part, 62 FR 11825 (March 13, 1997)).
\12\ Id. (citing Certain Uncoated Paper from Indonesia: Final
Determination of Sales at Less Than Fair Value, 81 FR 3101 (January
20, 2016), and accompanying Issues and Decision Memorandum at 7).
\13\ See Memorandum, ``Amended Preliminary Determination
Analysis Memorandum for FUJIFILM Printing Plate (China) Co.,
Limited,'' dated concurrently with this notice at Attachment III.
\14\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Aluminum Lithographic Printing Plates from the People's Republic of
China: Allegations of Ministerial Errors in the Preliminary
Determination,'' dated concurrently with, and hereby adopted by,
this notice (Ministerial Error Memorandum).
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Amended Preliminary Determination
As a result of correcting these significant ministerial errors,
Commerce determines the following weighted-average dumping margins
exist:
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Estimated Cash deposit rate
weighted-average (adjusted for
Producer Exporter dumping margin subsidy offset)
(percent) (percent)
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Fujifilm Printing Plate (China) Co., Ltd... Fujifilm Printing Plate 164.31 164.30
(China) Co., Ltd.
China-wide Entity......................................................... 477.60 477.59
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Disclosure
We intend to disclose the calculations performed for this amended
preliminary determination to parties within five days after public
announcement or, if there is no public announcement, within five days
of the date of publication of this notice, in accordance with 19 CFR
351.224(b).
Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised according to the rates established in this amended
preliminary determination, in accordance with section 773(d) of the
Act. Because this amended preliminary determination results in
increased cash deposit rates, these rates will be effective on the date
of publication of this notice in the Federal Register. These suspension
of liquidation instructions will remain in effect until further notice.
Notification of U.S. International Trade Commission (ITC)
In accordance with section 733(f) of the Act, we intend to notify
the ITC of our amended preliminary determination.
Notification to Interested Parties
This amended preliminary determination is issued and published in
accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR
351.224(e).
Dated: May 28, 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.
[FR Doc. 2024-12117 Filed 5-31-24; 8:45 am]
BILLING CODE 3510-DS-P
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