Notice2024-19942
Common Alloy Aluminum Sheet From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders
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
September 6, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that the revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on certain common alloy aluminum sheet (CAAS) from the People's Republic of China (China) would likely lead to the continuation or recurrence of dumping and countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD and CVD orders.
Full Text
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<title>Federal Register, Volume 89 Issue 173 (Friday, September 6, 2024)</title>
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[Federal Register Volume 89, Number 173 (Friday, September 6, 2024)]
[Notices]
[Pages 72826-72827]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19942]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-073, C-570-074]
Common Alloy Aluminum Sheet From the People's Republic of China:
Continuation of Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that the revocation of the antidumping duty (AD) and countervailing
duty (CVD) orders on certain common alloy aluminum sheet (CAAS) from
the People's Republic of China (China) would likely lead to the
continuation or recurrence of dumping and countervailable subsidies,
and material injury to an industry in the United States, Commerce is
publishing a notice of continuation of the AD and CVD orders.
DATES: Applicable August 28, 2024.
FOR FURTHER INFORMATION CONTACT: Erin Kearney, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; (202) 482-0167.
SUPPLEMENTARY INFORMATION:
Background
On February 6 and 8, 2019, respectively, Commerce published in the
Federal Register the CVD and AD orders on CAAS from China.\1\ On
January 2, 2024, the ITC instituted,\2\ and Commerce initiated,\3\ the
first sunset review of the Orders, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the Act). As a result of its reviews,
Commerce determined that revocation of the Orders would likely lead to
the continuation or recurrence of dumping and countervailable
subsidies, and therefore, notified the ITC of the magnitude of the
margins of dumping and subsidy rates likely to prevail should the
Orders be revoked.\4\
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\1\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019);
see also Common Alloy Aluminum Sheet from the People's Republic of
China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019)
(collectively, Orders).
\2\ See Common Alloy Aluminum Sheet from China; Institution of
Five-Year Reviews, 89 FR 96 (January 2, 2024).
\3\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 66
(January 2, 2024).
\4\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Final Results of the Expedited First Sunset Review of the
Antidumping Duty Order, 89 FR 38096 (May 7, 2024), and accompanying
Issues and Decision Memorandum (IDM); see also Common Alloy Aluminum
Sheet from the People's Republic of China: Final Results of the
First Expedited Sunset Review of the Countervailing Duty Order on
Common Alloy Aluminum Sheet From the People's Republic of China, 89
FR 38095 (May 7, 2024), and accompanying IDM.
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On August 28, 2024, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Common Alloy Aluminum Sheet from China, 89 FR 68930
(August 28, 2024).
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Scope of the Orders
The merchandise covered by these Orders is aluminum common alloy
sheet (common alloy sheet), which is a flat-rolled aluminum product
having a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils
or cut-to-length, regardless of width. Common alloy sheet within the
scope of these Orders includes both not clad aluminum sheet, as well as
multi-alloy, clad aluminum sheet. With respect to not clad aluminum
sheet, common alloy sheet is manufactured from a 1XXX-, 3XXX-, or 5XXX-
series alloy as designated by the Aluminum Association. With respect to
multi-alloy, clad aluminum sheet, common alloy sheet is produced from a
3XXX-series core, to which cladding layers are applied to either one or
both sides of the core.
Common alloy sheet may be made to ASTM specification B209-14, but
can also be made to other specifications. Regardless of specification,
however, all common alloy sheet meeting the scope description is
included in the scope. Subject merchandise includes common alloy sheet
that has been further processed in a third country, including but not
limited to annealing, tempering, painting, varnishing, trimming,
cutting, punching, and/or slitting, or any other processing that would
not otherwise remove the merchandise from the scope of the Orders if
performed in the country of manufacture of the common alloy sheet.
Excluded from the scope of these Orders is aluminum can stock,
which is suitable for use in the manufacture of aluminum beverage cans,
lids of such cans, or tabs used to open such cans. Aluminum can stock
is produced to gauges that range from 0.200 mm to 0.292 mm, and has an
H-19, H-41, H-48, or H-391 temper. In addition, aluminum can stock has
a lubricant applied to the flat surfaces of the can stock to facilitate
its movement through machines used in the manufacture of beverage cans.
Aluminum can stock is properly classified under Harmonized Tariff
Schedule of the United States (HTSUS) subheadings 7606.12.3045 and
7606.12.3055. Where the nominal and actual measurements vary, a product
is within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set for the above.
Common alloy sheet is currently classifiable under HTSUS
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3090, 7606.12.6000,
7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Further,
merchandise that falls within the scope of these Orders may also be
entered into the United States under HTSUS subheadings 7606.11.3030,
7606.12.3030, 7606.91.3060, 7606.91.6040, 7606.92.3060, 7606.92.6040,
7607.11.9090. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of these Orders is dispositive.
[[Page 72827]]
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping and countervailable subsidies, and material
injury to an industry in the United States, pursuant to section
751(d)(2) of the Act, Commerce hereby orders the continuation of the
Orders. U.S. Customs and Border Protection will continue to collect AD
and CVD cash deposits at the rates in effect at the time of entry for
all imports of subject merchandise.
The effective date of the continuation of the Orders will be August
28, 2024.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year reviews
of the Orders not later than 30 days prior to fifth anniversary of the
date of the last determination by the ITC.
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\6\ Id.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an 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 terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: August 29, 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. 2024-19942 Filed 9-5-24; 8:45 am]
BILLING CODE 3510-DS-P
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