Notice2024-22156
Aluminum Lithographic Printing Plates From the People's Republic of China: Final Affirmative Countervailing Duty Determination 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 countervailable subsidies are being provided to producers and exporters of aluminum lithographic printing plates (printing plates) from the People's Republic of China (China). The period of investigation (POI) is January 1, 2022, through December 31, 2022.
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 79248-79250]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22156]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-157]
Aluminum Lithographic Printing Plates From the People's Republic
of China: Final Affirmative Countervailing Duty Determination 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
countervailable subsidies are being provided to producers and exporters
of aluminum lithographic printing plates (printing plates) from the
People's Republic of China (China). The period of investigation (POI)
is January 1, 2022, through December 31, 2022.
DATES: Applicable September 27, 2024.
FOR FURTHER INFORMATION CONTACT: Ajay Menon, 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) 482-0208.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2024, Commerce published its Preliminary Determination
in the Federal Register and invited interested parties to comment.\1\
On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\2\ The deadline for the final
determination is now September 20, 2024. For a complete discussion of
the events that followed the Preliminary Determination, see the Issues
and Decision Memorandum.\3\
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\1\ 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)
(Preliminary Determination), 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
Affirmative Determination in the Countervailing Duty 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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The Issues and Decision Memorandum is a public document and is made
available to the public 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>.
Scope of the Investigation
The merchandise covered by the scope of this investigation are
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.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in March 2024, Commerce conducted verification of the
subsidy information reported by Fujifilm Printing Plate (China) Co.,
Ltd. (FFPS) and its cross-owned affiliate Fujifilm (China) Investment
Co., Ltd.\4\
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\4\ See Memorandum, ``Verification of the Questionnaire
Responses of Fujifilm Printing Plate (China) Co., Ltd. and Fujifilm
(China) Investment Co., Ltd.,'' June 10, 2024.
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Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and 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.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce determines that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\5\ For a full
description of the methodology underlying our final determination, see
the Issues and Decision Memorandum.
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\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
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In making this final determination, Commerce relied, in part, on
facts otherwise available, including with an adverse inference,
pursuant to sections 776(a) and (b) of the Act. For a full discussion
of our application of adverse facts available (AFA), see the
Preliminary Determination \6\ and the Issues and Decision Memorandum at
the section entitled ``Uses of Facts Available and Application of
Adverse Inferences.''
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\6\ See Preliminary Determination PDM at 4-42.
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Changes Since the Preliminary Determination
Based on our review and analysis of the information at verification
and comments received from interested parties, we made changes to the
subsidy rate calculations for FFPS. For a discussion of these changes,
see the Issues and Decision Memorandum.
[[Page 79249]]
Final Affirmative Determination of Critical Circumstances, in Part
Commerce preliminarily determined, in accordance with sections
703(e)(1)(A) and (B) of the Act, and 19 CFR 351.206, that critical
circumstances exist with respect to imports of subject merchandise for
FFPS and Shanghai National Ink Co. Ltd. (Shanghai National).\7\ For
this final determination, in accordance with section 705(a)(2) of the
Act as well as our analysis of comments received regarding our
affirmative preliminary determination of critical circumstances, in
part,\8\ Commerce continues to find that critical circumstances exist
with respect to imports of subject merchandise for FFPS and Shanghai
National, and do not exist with respect to imports of subject
merchandise for all other exporters and producers. For a full
description of the methodology and results of our critical
circumstances analysis, see the Issues and Decision Memorandum.
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\7\ See Aluminum Lithographic Printing Plates From the People's
Republic of China: Preliminary Determination of Critical
Circumstances, in Part, in the Countervailing Duty Investigation, 89
FR 24433 (April 8, 2024) (Preliminary Critical Circumstances
Determination).
\8\ See Issues and Decision Memorandum at Comment 3.
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All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will
determine an all-others rate equal to the weighted-average
countervailable subsidy rates established for exporters and/or
producers individually investigated, excluding any zero and de minimis
countervailable subsidy rates, and any rates determined entirely under
section 776 of the Act. We continue to assign a rate based entirely on
facts available to Shanghai National. Therefore, the only rate that
that is not zero, de minimis, or based entirely on facts otherwise
available is the rate calculated for FFPS. Consequently, we continue to
assign the rate calculated for FFPS as the rate for all other producers
and exporters, pursuant to section 705(c)(5)(A)(i) of the Act.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist for the period January 1, 2022, through December
31, 2022:
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Subsidy rate
Company (percent ad
valorem)
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Fujifilm Printing Plate (China) Co., Ltd \9\.............. 35.66
Shanghai National Ink Co. Ltd............................. * 229.54
All Others................................................ 35.66
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* Rate based on AFA.
Disclosure
Commerce intends to disclose to interested parties the calculations
and analysis performed in this final determination 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).
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\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following company to be cross-owned with
FFPS: Fujifilm (China) Investment Co., Ltd.
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Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to collect cash deposits and suspend
liquidation of entries of subject merchandise from China that were
entered, or withdrawn from warehouse, for consumption, on or after
March 1, 2024, the date of the publication of the Preliminary
Determination in the Federal Register.\10\ Because we preliminarily
determined that critical circumstances existed with respect to imports
of subject merchandise from FFPS and Shanghai National, we instructed
CBP to suspend such entries on or after December 1, 2023, which is 90
days prior to the date of the publication of the Preliminary
Determination in the Federal Register.\11\ In accordance with section
703(d) of the Act, we instructed CBP to discontinue the suspension of
liquidation of all entries of subject merchandise entered or withdrawn
from warehouse, on or after June 29, 2024, the final day of provisional
measures, but to continue the suspension of liquidation of all entries
of subject merchandise on or before June 28, 2024.
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\10\ See Preliminary Determination, 89 FR at 15135.
\11\ See Preliminary Critical Circumstances Determination, 89 FR
at 24435.
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If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
(CVD) order, reinstate the suspension of liquidation under section
706(a) of the Act, as appropriate, and require a cash deposit of
estimated countervailing duties for entries of subject merchandise in
the amounts indicated above. If the ITC determines that material
injury, or threat of material injury, does not exist, this proceeding
will be terminated, and all estimated duties deposited or securities
posted as a result of the suspension of liquidation will be refunded or
cancelled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our final affirmative determination that countervailable
subsidies are being provided to producers and exporters of printing
plates from China. Because the final determination is affirmative, in
accordance with section 705(b) 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. In addition, we are making available to the ITC
all non-privileged and nonproprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Enforcement and Compliance. If
the ITC determines that material injury or threat of material injury
does not exist, this proceeding will be terminated and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue a CVD order directing CBP to assess, upon
further instruction by Commerce, CVDs on all imports of the subject
merchandise that are entered, or withdrawn, for consumption on or after
the effective date of the suspension of liquidation, as discussed above
in the ``Continuation of Suspension of Liquidation'' section.
Administrative Protective Order
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO, in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/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.
[[Page 79250]]
Notification to Interested Parties
This determination is issued and published in accordance with
sections 705(d) and 777(i) 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.
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. Period of Investigation
IV. Final Critical Circumstances Determination
V. Subsidies Valuation Information
VI. Interest Rates and Benchmarks
VII. Use of Facts Available and Adverse Inferences
VIII. Analysis of Programs
IX. Discussion of the Issues
Comment 1: Whether Commerce Made a Ministerial Error in the
Calculation of the Rate Applicable to FFPS for the Provision of
Electricity for Less Than Adequate Remuneration (LTAR)
Comment 2: Whether Commerce Should Attribute Export Subsidies
Received by the JRT Companies to FFPS
Comment 3: Whether Commerce Should Make a Negative Finding of
Critical Circumstances for FFPS
Comment 4: Whether Commerce's Decision To Countervail the
Provision of Aluminum Sheet and Aluminum Foil for LTAR Is in
Accordance With Law
Comment 5: Whether Commerce's Application of Adverse Facts
Available to the Export Buyer's Credit Program Is in Accordance With
Law
Comment 6: Whether Commerce's Countervailing of the Provision of
Electricity for LTAR Is in Accordance With Law
Comment 7: Whether Commerce's Determinations Regarding Other
Subsidies Exceed the Lawful Scope of This Investigation
X. Recommendation
[FR Doc. 2024-22156 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.
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.