Notice2024-22157
Aluminum Lithographic Printing Plates From Japan: Final Affirmative Determination of Sales at Less-Than-Fair-Value
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 Japan are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2022, through 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 79250-79252]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22157]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-881]
Aluminum Lithographic Printing Plates From Japan: Final
Affirmative Determination of Sales at Less-Than-Fair-Value
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 Japan are
being, or are likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation (POI) is July 1, 2022,
through June 30, 2023.
DATES: Applicable September 27, 2024.
FOR FURTHER INFORMATION CONTACT: Caroline Carroll, 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) 482-4948.
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2024, Commerce published in the Federal Register the
Preliminary Determination in this investigation and invited interested
parties to comment.\1\ On July 22, 2024, Commerce tolled certain
deadlines in this investigation by seven days.\2\ The deadline for the
final determination is now September 20, 2024. For a complete
description of the events that occurred since the Preliminary
Determination, see the Issues and Decision Memorandum.\3\ 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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\1\ See Aluminum Lithographic Printing Plates from Japan:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures, 89 FR 35065 (May 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 Less-Than-Fair-Value Investigation
of Aluminum Lithographic Printing Plates from Japan,'' 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 Japan. 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,
[[Page 79251]]
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 May 2024, Commerce conducted on-site verifications of the
data reported by Fujifilm and its U.S. affiliate, Fujifilm North
America Corporation, using standard verification procedures.\4\
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\4\ See Memoranda, ``Verification of the Sales Response of
Fujifilm Corporation,'' dated July 17, 2024; ``Verification of the
U.S. Sales Response of Fujifilm North America Corporation,'' dated
July 18, 2024; and ``Verification of the Cost Response of Fujifilm
Corporation,'' dated August 7, 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 addressed 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 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.
Use of Adverse Facts Available
As discussed in the Preliminary Determination, Commerce assigned to
one of the mandatory respondents in this investigation, Miraclon
Corporation Ltd. (Miraclon), an estimated weighted-average dumping
margin on the basis of adverse facts available (AFA), pursuant to
sections 776(a) and (b) of the Act, because it failed to cooperate by
not acting to the best of its ability to comply with Commerce's
requests for information.\5\ As discussed in the Issues and Decision
Memorandum, we find no basis to change our decision in the Preliminary
Determination to apply AFA to Miraclon. As AFA, we continue to apply
the highest transactions specific margin calculated for Fujifilm (i.e.,
160.11 percent) because it is a rate derived from information submitted
on the record and 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.\6\
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\5\ See Preliminary Determination, 89 FR at 35065.
\6\ See Preliminary Determination PDM at 6.
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All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
In this investigation, Commerce assigned a rate based entirely on
facts available to Miraclon. Therefore, the only rate that is not zero,
de minimis, or based entirely on facts otherwise available is the rate
calculated for Fujifilm. Consequently, the rate calculated for Fujifilm
is also assigned as the rate for all other producers and/or exporters.
Final Determination
The final estimated weighted-average dumping margins are listed
below:
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Weighted-
average
Exporter/producer dumping margin
(percent)
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Fujifilm Corporation; Fujifilm Shizuoka Co., Ltd........ 91.83
Miraclon Corporation Ltd................................ * 160.11
All Others.............................................. 91.83
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* Rate is based on AFA.
Disclosure
Commerce intends to disclose the calculations performed in
connection with 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 final
determination in the Federal Register, in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of aluminum lithographic printing
plates, as described in Appendix I of this notice, which were entered
or withdrawn from warehouse for consumption on or after May 1, 2024,
the date of publication of the Preliminary Determination of this
investigation in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, we will instruct CBP
to require a cash deposit for estimated antidumping duties for such
entries as follows: (1) the cash deposit rate for the respondents
listed in the table above will be equal to the company-specific
estimated weighted-average dumping margin determined in this final
determination; (2) if the exporter is not the respondent listed in the
table above, but the producer is, then the cash deposit rate will be
equal to the company-specific estimated weighted-average dumping margin
listed for the producer of the subject merchandise; and (3) the cash
deposit rate for all other producers and exporters will be equal to the
all-others estimated weighted-average dumping margin listed in the
table above. 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, Commerce will notify
the U.S. International Trade Commission (ITC) of its 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 Japan no later than 45 days after our final determination. If the
ITC determines that such 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 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.
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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.
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 Preliminary Determination
IV. Discussion of the Issues
Comment 1: Whether Miraclon Corporation Ltd. (Miraclon) Made
Sales of Subject Merchandise During the POI
Comment 2: Whether Commerce Should Offset Fujifilm's Reported
U.S. Freight Expenses by its Reported Freight Revenue
Comment 3: Whether the Price Used to Calculate Fujifilm's U.S.
Credit Expenses should Exclude Price Adjustments
Comment 4: Whether the Price Used to Calculate Fujifilm's U.S.
Indirect Selling Expenses (INDIRS1U, INDIRS2U, INDIRS3U) Should
Exclude Price Adjustments
Comment 5: Whether Fujifilm's Revenues from the Sale of Aluminum
Scrap Should Offset Repacking and Resizing Costs
Comment 6: Whether Commerce Should Grant Fujifilm a Constructed
Export Price (CEP) Offset
Comment 7: Whether Commerce Should Apply Adverse Facts Available
(AFA) for Fujifilm's Failure to Submit Downstream Home Market Sales
for One Home Market Affiliate
Comment 8: Whether Fujifilm's Allocation of Warehouse and Other
U.S. Transportation Expenses is Distortive
Comment 9: Whether to Include Fujifilm's Home Market Quantity
Discount Program Discovered at Verification
Comment 10: Whether Commerce Should Include the Net Hedging
Expenses Recorded in Fujifilm's Audited Financial Statements as Part
of Fujifilm's Interest Expenses
Comment 11: Whether Commerce Should Revise the General and
Administrative (G&A) Expense Ratio to Incorporate Missing Expenses
V. Recommendation
[FR Doc. 2024-22157 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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