Notice2024-22155
Aluminum Lithographic Printing Plates From the People's Republic of China: Final Affirmative Determination of Sales at Less-Than-Fair-Value and Final Affirmative Determination of Critical Circumstances
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 27, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that aluminum lithographic printing plates (printing plates) from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2023, to June 30, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 188 (Friday, September 27, 2024)</title>
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[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79256-79259]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22155]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-156]
Aluminum Lithographic Printing Plates From the People's Republic
of China: Final Affirmative Determination of Sales at Less-Than-Fair-
Value and Final Affirmative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
aluminum lithographic printing plates (printing plates) from the
People's Republic of China (China) are being, or are likely to be, sold
in the United States at less than fair value (LTFV). The period of
investigation (POI) is January 1, 2023, to June 30, 2023.
DATES: Applicable September 27, 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 the Preliminary Determination in
this investigation and invited interested parties to comment.\1\ On
June 3, 2024,
[[Page 79257]]
in response to significant ministerial error allegations raised by
Eastman Kodak Company (the petitioner), Commerce amended the
Preliminary Determination.\2\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\3\ The
deadline for the final determination is now September 20, 2024.
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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 Measure, 89 FR 35062 (May 1, 2024)
(Preliminary Determination), and accompanying Preliminary
Determination Memorandum (PDM).
\2\ See Aluminum Lithographic Printing Plates from the People's
Republic of China: Amended Preliminary Determination of the Less-
Than-Fair-Value Investigation, 89 FR 47516 (June 3, 2024) (Amended
Preliminary Determination), and accompanying Memorandum,
``Allegations of Ministerial Errors in the Preliminary
Determination,'' dated May 28, 2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that occurred since the
Preliminary Determination, see the Issues and Decision Memorandum.\4\
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>.
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\4\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Aluminum Lithographic Printing Plates from the People's Republic
of China,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Scope of the Investigation
The merchandise covered by the scope of this investigation is
printing plates from China. For a complete description of the scope of
this investigation, see Appendix I.
Scope Comments
We received no comments from interested parties on the scope of the
investigation as it appeared in the Preliminary Determination.
Therefore, we made no changes to the scope of the investigation.
Final Affirmative Determination of Critical Circumstances
Commerce preliminarily determined, in accordance with section
733(e)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.206(c)(1), that critical circumstances exist with respect to
imports of printing plates exported by Fujifilm Printing Plate (China)
Co., Ltd. (Fujifilm) and the China-wide entity.\5\ For the final
determination, pursuant to section 735(a)(3)(B) of the Act and 19 CFR
351.206, we continue to find that critical circumstances exist for
Fujifilm and the China-wide entity.\6\
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\5\ See Preliminary Determination, 89 FR at 35062-63.
\6\ See Preliminary Determination PDM at 26-28.
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Verification
As provided in section 782(i) of the Act, in May and June 2024,
respectively, Commerce conducted on-site verifications of the data
reported by Fujifilm and its U.S. affiliate, Fujifilm North America
Corporation, using standard verification procedures.\7\
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\7\ See Memoranda, ``Verification of the Questionnaire Responses
of Fujifilm Printing Plate (China) Co., Ltd.,'' dated July 9, 2024;
and ``Verification of the U.S. Sales Response of Fujifilm North
America Corporation,'' dated July 15, 2024.
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Analysis of Comments Received
The issues raised in the case and rebuttal briefs by the parties in
this investigation are discussed in the Issues and Decision Memorandum.
For a list of the issues raised by interested parties and addressed in
the Issues and Decision Memorandum, see Appendix II.
Changes Since the Amended Preliminary Determination
Based on our review and analysis of the information at verification
and comments received from interested parties, we made certain changes
to the margin calculations for Fujifilm. For a discussion of these
changes, see the Issues and Decision Memorandum.
Application of Total Adverse Facts Available With Respect to the China-
Wide Entity
Consistent with the Preliminary Determination, Commerce continues
to find, pursuant to sections 776(a)(1) and (a)(2)(A)-(C) of the Act,
that the use of facts available is warranted in determining the rate of
the China-wide entity.\8\ Furthermore, we continue to find that an
adverse inference is warranted in selecting from the facts otherwise
available, pursuant to section 776(b) of the Act and 19 CFR 351.308(a),
because the China-wide entity failed to cooperate by not acting to the
best of its ability to comply with Commerce's requests for
information.\9\ As adverse facts available (AFA), we continue to apply
the highest individual margin calculated for Fujifilm (i.e., 317.44
percent) because it is a rate derived from information submitted on the
record and achieves the goal of inducing future cooperation by the
uncooperative respondent.\10\
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\8\ See Preliminary Determination PDM at 12.
\9\ Id.
\10\ See Amended Preliminary Determination, 89 FR at 47516-17.
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Combination Rates
Consistent with the Initiation Notice,\11\ the Preliminary
Determination, and Policy Bulletin 05.1,\12\ Commerce calculated a
combination rate for Fujifilm, which is the sole respondent eligible
for a separate rate in this investigation.
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\11\ See Aluminum Lithographic Printing Plates from the People's
Republic of China and Japan: Initiation of Less-Than-Fair-Value
Investigations, 88 FR 73316, 73320 (October 25, 2023) (Initiation
Notice).
\12\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available
on Commerce's website at <a href="https://enforcement.trade.gov/policy/bull05-1.pdf">https://enforcement.trade.gov/policy/bull05-1.pdf</a>.
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Final Determination
The final estimated weighted-average dumping margins are listed
below:
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\13\ This rate is based on AFA.
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Cash deposit
Weighted- rate (adjusted
Producer Exporter average for subsidy
dumping margin offset)
(percent) (percent)
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Fujifilm Printing Plate (China) Co., Ltd...... Fujifilm Printing Plate (China) 115.85 115.84
Co., Ltd.
China-wide Entity \13\........................ ................................ 317.44 317.43
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[[Page 79258]]
Disclosure
Commerce intends to disclose the calculations and analysis
performed in this final determination to interested parties within five
days of any 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).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(4) of the Act, because Commerce
continues to find that critical circumstances exist for Fujifilm and
the China-wide entity, we will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend liquidation of subject
merchandise, as described in Appendix I of this notice, entered, or
withdrawn from warehouse, for consumption, on or after February 1,
2024, which is 90 days prior to the date of publication of the
Preliminary Determination.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce makes an affirmative
determination for domestic subsidy pass-through or export subsidies,
Commerce offsets the calculated estimated weighted-average dumping
margin by the appropriate rates. However, suspension of liquidation of
provisional measures in the companion CVD investigation has been
discontinued; therefore, we are not instructing CBP to collect cash
deposits based upon the adjusted estimated weighted-average dumping
margin for those export subsidies at this time.\14\
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\14\ See Aluminum Lithographic Printing Plates from the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination, and Alignment of Final Determination With Final
Antidumping Duty Determination, 89 FR 15134, (March 1, 2024); see
also section 703(d) of the Act, which states that the provisional
measures may not be in effect for more than four months, which in
the companion CVD case is 120 days after the publication of the
preliminary determination, or June 29, 2024.
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Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the amount by which the normal value
exceeds the U.S. price as follows: (1) for the producer/exporter
combination listed in the table above, the cash deposit rate is equal
to the estimated weighted-average dumping margin listed for that
combination in the table; (2) for all combinations of Chinese
producers/exporters of subject merchandise that have not established
eligibility for their own separate rates, the cash deposit rate will be
equal to the estimated weighted-average dumping margin established for
the China-wide entity; and (3) for all third country exporters of
subject merchandise not listed in the table above, the cash deposit
rate is the cash deposit rate applicable to the Chinese producer/
exporter combination (or China-wide entity) that supplied that third-
country exporter. These suspension of liquidation instructions will
remain in effect until further notice.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of our final affirmative
determination of sales at LTFV. Because the final determination in this
investigation is affirmative, in accordance with section 735(b)(2) of
the Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured or
threatened with material injury by reason of imports of printing plates
from China no later than 45 days after our final determination. If the
ITC determines that such material injury or threat of material injury
does not exist, this proceeding will be terminated, all cash deposits
posted will be refunded, and suspension of liquidation will be lifted.
If the ITC determines that such injury does exist, Commerce will issue
an antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered or withdrawn from warehouse for consumption
on or after the effective date of the suspension of liquidation, as
discussed in the ``Continuation of Suspension of Liquidation'' section.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an 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). 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
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: September 20, 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 I
Scope of the Investigation
The merchandise covered by this investigation is aluminum
lithographic printing plates. Aluminum lithographic printing plates
consist of a flat substrate containing at least 90 percent Aluminum.
The aluminum-containing substrate is generally treated using a
mechanical, electrochemical, or chemical graining process, which is
followed by one or more anodizing treatments that form a hydrophilic
layer on the aluminum-containing substrate. An image-recording,
oleophilic layer that is sensitive to light, including but not
limited to ultra-violet, visible, or infrared, is dispersed in a
polymeric binder material that is applied on top of the hydrophilic
layer, generally on one side of the aluminum lithographic printing
plate. The oleophilic light-sensitive layer is capable of capturing
an image that is transferred onto the plate by either light or heat.
The image applied to an aluminum lithographic printing plate
facilitates the production of newspapers, magazines, books,
yearbooks, coupons, packaging, and other printed materials through
an offset printing process, where an aluminum lithographic printing
plate facilitates the transfer of an image onto the printed media.
Aluminum lithographic printing plates within the scope of this
investigation include all aluminum lithographic printing plates,
irrespective of the dimensions or thickness of the underlying
aluminum substrate, whether the plate requires processing after an
image is applied to the plate, whether the plate is ready to be
mounted to a press and used in printing operations immediately after
an image is applied to the plate, or whether the plate has been
exposed to light or heat to create an image on the plate or remains
unexposed and is free of any image.
Subject merchandise also includes aluminum lithographic printing
plates produced from an aluminum sheet coil that has been coated
with a light-sensitive image-recording layer in a subject country
and that is subsequently unwound and cut to the final dimensions to
produce a finished plate in a third country (including the United
States), or exposed to light or heat to create an image on the plate
in a third country (including in a foreign trade zone within the
United States).
Excluded from the scope of this investigation are lithographic
printing plates manufactured using a substrate produced from a
material other than aluminum, such as rubber or plastic.
[[Page 79259]]
Aluminum lithographic printing plates are currently classifiable
under Harmonized Tariff of the United States (HTSUS) subheadings
3701.30.0000 and 3701.99.6060. Further, merchandise that falls
within the scope of this investigation may also be entered into the
United States under HTSUS subheadings 3701.99.3000 and 8442.50.1000.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of this
investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Amended Preliminary Determination
IV. Discussion of the Issues
Comment 1: Whether To Use Fujifilm's Correction to U.S. Inland
Freight Expenses Submitted at Verification
Comment 2: Whether To Average Descartes and Maersk Ocean Freight
Data in Calculating the Surrogate Value for Ocean Freight
Comment 3: Whether To Revise the U.S. Truck Surrogate Value
Inflation Factor
Comment 4: Whether To Continue Using United Parcel Service (UPS)
and Federal Express (FedEx) Air Freight Data
Comment 5: Whether To Adjust the Surrogate Financial Ratios
Comment 6: Whether To Recalculate the Processor-Related Costs
(i.e., INDIRS2U)
Comment 7: Whether To Recalculate U.S. Repacking Expenses
Comment 8: Whether To Recalculate U.S. Adjustments Based on
Entered Value
Comment 9: Whether To Use Fujifilm's Reported Aluminum Coil
Consumption
Comment 10: Whether To Grant Fujifilm a Double Remedies
Adjustment
V. Recommendation
[FR Doc. 2024-22155 Filed 9-26-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 27, 2024.
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