Notice2024-21770
Common Alloy Aluminum Sheet From South Africa: Final 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
September 24, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on common alloy aluminum sheet (CAAS) from South Africa. We determine that Hulamin Operations (Pty) Ltd. (Hulamin Operations) made sales of subject merchandise at less than normal value during the period of review (POR) April 1, 2022, through March 31, 2023.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 185 (Tuesday, September 24, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 185 (Tuesday, September 24, 2024)]
[Notices]
[Pages 77817-77818]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21770]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-791-825]
Common Alloy Aluminum Sheet From South Africa: Final 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) is conducting an
administrative review of the antidumping duty order on common alloy
aluminum sheet (CAAS) from South Africa. We determine that Hulamin
Operations (Pty) Ltd. (Hulamin Operations) made sales of subject
merchandise at less than normal value during the period of review (POR)
April 1, 2022, through March 31, 2023.
DATES: Applicable September 24, 2024.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Brendan Quinn, 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 or (202)
482-5848, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 16, 2024, Commerce published the Preliminary Results of this
review in the Federal Register and invited interested parties to
comment on those results.\1\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\2\ The
deadline for the preliminary determination is now September 20, 2024.
For a complete description of the events that occurred since the
Preliminary Results, see the Issues and Decision Memorandum.\3\
Commerce conducted this review in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from South Africa:
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023, 89 FR 42845 (May 16, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Decision Memorandum for the Final Results
of the Administrative Review of Common Alloy Aluminum Sheet from
South Africa, 2022-2023,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>4</SUP>
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
The product covered by the Order is CAAS from South Africa. For a
complete description of the scope, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are listed in the appendix to this notice and addressed
in the Issues and Decision Memorandum. 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 at
<a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Results of the Review
Commerce determines the following estimated weighted-average
dumping margins exist for the period April 1, 2022, through March 31,
2023:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Hulamin Operations (Pty) Ltd............................... 3.54
------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to interested parties the calculations
of the final results of an administrative review within five days of
the date of publication of the notice of final results in the Federal
Register, in accordance with 19 CFR 351.224(b). However, because we
have made no changes to the Preliminary Results, there are no
calculations to disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce shall determine, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review. For any individually examined respondents
whose weighted-average dumping margin is above de minimis, we
calculated importer-specific ad valorem duty assessment rates by
dividing the total amount of antidumping duties calculated for the
examined sales by the total entered value of the examined sales to that
importer. Where the respondent did not report entered value, we
calculated the entered value in order to calculate the assessment rate.
Where either the respondent's weighted-average dumping margin is zero
or de minimis within the meaning of 19 CFR 351.106(c)(1), 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.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by Hulamin Operations for
which the company did not know that the merchandise it sold to an
intermediary (e.g., a reseller, trading company, or exporter) was
destined for the United States. In such instances, we 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.\5\
---------------------------------------------------------------------------
\5\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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).
[[Page 77818]]
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review in the Federal Register, as provided for
by section 751(a)(2) of the Act: (1) the cash deposit rate for
companies subject to this review will be the rates established in these
final results of the review; (2) for merchandise exported by producers
or exporters not covered in this 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 recent period; (3) if the
exporter is not a firm covered in this review, a prior review, or the
original investigation but the producer is, then the cash deposit rate
will be the rate established for the most recent period for the
producer of the merchandise; (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 investigation.\6\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\6\ See Order, 86 FR at 22142.
---------------------------------------------------------------------------
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 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 Regarding the Administrative Protective Order
This notice also serves as a reminder to parties subject to the
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 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 and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: September 17, 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 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: Hulamin's U.S. Selling Expenses
Comment 2: Hulamin's U.S. Billing Adjustments
Comment 3: Hulamin's Domestic Warehousing Charges
Comment 4: Hulamin's U.S. Warehousing Charges
VI. Recommendation
[FR Doc. 2024-21770 Filed 9-23-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on September 24, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.