Notice2024-27426
Aluminum Lithographic Printing Plates From Japan and the People's Republic of China: Antidumping Order; Aluminum Lithographic Printing Plates From the People's Republic of China: Countervailing Duty Order
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
November 22, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing the antidumping duty (AD) orders on aluminum lithographic printing plates (printing plates) from the People's Republic of China (China) and Japan and a countervailing duty (CVD) order on printing plates from China.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 226 (Friday, November 22, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 226 (Friday, November 22, 2024)]
[Notices]
[Pages 92624-92627]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27426]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-156, C-570-157, A-588-881]
Aluminum Lithographic Printing Plates From Japan and the People's
Republic of China: Antidumping Order; Aluminum Lithographic Printing
Plates From the People's Republic of China: Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing the antidumping duty (AD) orders
on aluminum lithographic printing plates (printing plates) from the
People's Republic of China (China) and Japan and a countervailing duty
(CVD) order on printing plates from China.
DATES: Applicable November 22, 2024.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros (AD China),
Caroline Carroll (AD Japan), and Ajay Menon (CVD China), 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) 482-7435; (202) 482-4948,
and (202) 482-0208, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on September 27, 2024, Commerce published
its affirmative final determinations of sales at less than fair value
(LTFV) for printing plates from China and Japan,\1\ and its affirmative
final determination that countervailable subsidies are being provided
to producers and exporters of printing plates from China.\2\
---------------------------------------------------------------------------
\1\ See 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, 89 FR 79256 (September 27, 2024) (China Final LTFV
Determination); and Aluminum Lithographic Printing Plates from
Japan: Final Affirmative Determination of Sales at Less-Than-Fair-
Value, 89 FR 79250 (September 27, 2024).
\2\ See Aluminum Lithographic Printing Plates from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination and Final Affirmative Determination of Critical
Circumstances, 89 FR 79248 (September 27, 2024).
---------------------------------------------------------------------------
On November 12, 2024, pursuant to sections 705(d) and 735(d) of the
Act, the ITC notified Commerce of its final affirmative determinations
that an industry in the United States is materially injured by reason
of dumped imports of printing plates from China and Japan, and
subsidized imports of printing plates from China, within the meaning of
sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.\3\ On November
18, 2024, the ITC published its final determinations in the Federal
Register.\4\ Further, the ITC determined that critical circumstances do
not exist with respect to LTFV imports and subsidized imports of
printing plates from China.\5\
---------------------------------------------------------------------------
\3\ See ITC's Letter, ``Notification of ITC Final
Determination,'' dated November 12, 2024 (ITC Notification Letter).
\4\ See Aluminum Lithographic Printing Plates from China and
Japan: Determinations 89 FR 90737 (November 18, 2024).
\5\ Id.
---------------------------------------------------------------------------
Scope of the Orders
The products covered by these orders are printing plates from China
and Japan. For a complete description of the scope of the orders, see
the appendix to this notice.
AD Orders
On November 12, 2024, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determinations that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of imports of printing
plates from China and Japan that are sold in the United States at
LTFV.\6\ Therefore, in accordance with sections 735(c)(2) and 736 of
the Act, Commerce is issuing these AD orders. Because the ITC
determined that imports of printing plates from China and Japan are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from China and Japan, entered or withdrawn from warehouse
for consumption, are subject to the assessment of antidumping duties.
---------------------------------------------------------------------------
\6\ See ITC Notification Letter.
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise on all
relevant entries of printing plates from China and Japan. Antidumping
duties will be assessed on unliquidated entries of printing plates
entered, or withdrawn from warehouse, for consumption on or after May
1, 2024, the date of publication of the LTFV Preliminary
Determinations,\7\ but will not include entries occurring after the
expiration of the provisional measures period and before publication of
the ITC's final injury determination, as further described below.
---------------------------------------------------------------------------
\7\ 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 Measures, 89 FR 35062 (May 1, 2024) (China
LTFV Preliminary Determination); and 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)
(collectively, LTFV Preliminary Determinations).
---------------------------------------------------------------------------
Critical Circumstances--AD China
With respect to the ITC's negative critical circumstances
determination on imports of printing plates from China, we will
instruct CBP to lift suspension and to refund any cash deposits made to
secure the payment of estimated antidumping duties with respect to
entries of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after February 1, 2024 (i.e., 90
days prior to the date of the publication of the China LTFV Preliminary
Determination), but before May 1, 2024 (i.e., the date of
[[Page 92625]]
publication of the China LTFV Preliminary Determination).
Continuation of Suspension of Liquidation and Cash Deposits--AD
Except as noted in the ``Provisional Measures--AD'' section of this
notice, Commerce intends to instruct CBP to continue to suspend
liquidation on all relevant entries of printing plates from China and
Japan, in accordance with section 736 of the Act. These instructions
suspending liquidations will remain in effect until further notice.
Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the tables below, adjusted by the relevant export subsidy offsets.
Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determination, CBP must require, at the same time as importers would
normally deposit estimated customs duties on subject merchandise, a
cash deposit equal to the rates listed in the tables below.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
---------------------------------------------------------------------------
\8\ See China Final LTFV Determination, 89 FR 79257.
China
----------------------------------------------------------------------------------------------------------------
Cash deposit
Weighted- rate (adjusted
Exporter Producer average dumping for subsidy
margin (percent) offsets)
(percent) \8\
----------------------------------------------------------------------------------------------------------------
Fujifilm Printing Plate (China) Co., Ltd.... Fujifilm Printing Plate 115.85 115.84
(China) Co., Ltd.
China-wide Entity........................... .............................. 317.44 317.43
----------------------------------------------------------------------------------------------------------------
Japan
------------------------------------------------------------------------
Weighted-
Exporter/producer average dumping
margin (percent)
------------------------------------------------------------------------
Fujifilm Corporation; Fujifilm Shizuoka Co., Ltd...... 91.83
Miraclon Corporation Ltd.............................. 160.11
All Others............................................ 91.83
------------------------------------------------------------------------
Provisional Measures--AD
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that accounted for a significant proportion
of exports of printing plates from China and Japan, Commerce extended
the four-month period to no more than six months.\9\ In the underlying
investigations, Commerce published the LTFV Preliminary Determinations
on May 1, 2024. Therefore, the six-month period beginning on the date
of the publication of the LTFV Preliminary Determinations ended on
October 27, 2024. Pursuant to section 737(b) of the Act, the collection
of cash deposits at the rates listed above will begin on the date of
publication of the ITC's final injury determination. Therefore, in
accordance with section 736(a)(1) of the Act and our practice, Commerce
will instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of printing plates from China and Japan entered, or withdrawn from
warehouse, for consumption on or after October 28, 2024, the first day
provisional measures were no longer in effect, until and through the
day preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determination in the Federal Register.
---------------------------------------------------------------------------
\9\ See LTFV Preliminary Determinations.
---------------------------------------------------------------------------
CVD Order
As stated above, based on the above-referenced affirmative final
determination by the ITC that an industry in the United States is
materially injured within the meaning of section 705(b)(1)(A)(i) of the
Act by reason of subsidized imports of printing plates from China,\10\
in accordance with section 705(c)(2) of the Act, Commerce is issuing
this CVD order. Moreover, because the ITC determined that imports of
printing plates from China are materially injuring a U.S. industry,
unliquidated entries of subject merchandise from China entered, or
withdrawn from warehouse, for consumption, are subject to the
assessment of countervailing duties.
---------------------------------------------------------------------------
\10\ See ITC Notification Letter.
---------------------------------------------------------------------------
Therefore, in accordance with section 706(a) of the Act, Commerce
intends to direct CBP to assess, upon further instructions by Commerce,
countervailing duties on all relevant entries of printing plates from
China, which are entered, or withdrawn from warehouse, for consumption
on or after March 1, 2024, the date of publication of the China CVD
Preliminary Determination, but will not include entries occurring after
the expiration of the provisional measures period and before the
publication of the ITC's final injury determination under section
705(b) of the Act, as further described in the ``Provisional Measures--
CVD'' section of this notice.\11\
---------------------------------------------------------------------------
\11\ 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) (China
CVD Preliminary Determination).
---------------------------------------------------------------------------
Critical Circumstances--CVD
With respect to the ITC's negative critical circumstances
determination on imports of printing plates from China, we will
instruct CBP to lift suspension and to refund any cash deposits made to
secure the payment of estimated
[[Page 92626]]
countervailing duties with respect to entries of the subject
merchandise from China entered, or withdrawn from warehouse, for
consumption on or after December 2, 2023 (i.e., 90 days prior to the
date of the publication of the China CVD Preliminary Determination),
but before March 1, 2024 (i.e., the date of publication of the China
CVD Preliminary Determination).
Suspension of Liquidation and Cash Deposits--CVD
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of printing
plates from China, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, and to
assess, upon further instruction by Commerce, pursuant to section
706(a)(1) of the Act, countervailing duties on each entry of subject
merchandise in an amount based on the net countervailable subsidy rates
below. On or after the date of publication of the ITC's final injury
determination in the Federal Register, CBP must require, at the same
time as importers would normally deposit estimated customs duties on
this merchandise, a cash deposit equal to the rates listed in the table
below. These instructions suspending liquidation will remain in effect
until further notice. The all-others rate applies to all producers or
exporters not specifically listed below, as appropriate.
Estimated Countervailing Duty Subsidy Rates
The estimated countervailing duty subsidy rates are as follows:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Fujifilm Printing Plate (China) Co., Ltd.\12\......... 35.66
Shanghai National Ink Co. Ltd......................... 229.54
All Others............................................ 35.66
------------------------------------------------------------------------
Provisional Measures--CVD
---------------------------------------------------------------------------
\12\ Commerce has found the following company to be cross-owned
with Fujifilm Printing Plate (China) Co., Ltd.: Fujifilm (China)
Investment Co., Ltd.
---------------------------------------------------------------------------
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the China CVD
Preliminary Determination on March 1, 2024.\13\ As such, the four-month
period beginning on the date of the publication of the China CVD
Preliminary Determination ended on June 28, 2024.
---------------------------------------------------------------------------
\13\ See China CVD Preliminary Determination.
---------------------------------------------------------------------------
Therefore, in accordance with section 703(d) of the Act, we
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of printing plates from China or withdrawn from warehouse, for
consumption, on or after June 29, 2024, the date on which the
provisional measures expired, until and through the day preceding the
date of publication of the ITC's final injury determination in the
Federal Register. Suspension of liquidation and the collection of cash
deposits will resume on the date of publication of the ITC's final
determination in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\14\ On September 27, 2021, Commerce also published
the Procedural Guidance in the Federal Register.\15\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.
---------------------------------------------------------------------------
\14\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\15\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
---------------------------------------------------------------------------
In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at <a href="https://access.trade.gov">https://access.trade.gov</a>, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \16\
---------------------------------------------------------------------------
\16\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
---------------------------------------------------------------------------
Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\17\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
---------------------------------------------------------------------------
\17\ See Procedural Guidance, 86 FR 53206.
---------------------------------------------------------------------------
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at <a href="https://access.trade.gov">https://access.trade.gov</a>.
Special Instructions for Petitioner and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list
[[Page 92627]]
in the years that follow.'' \18\ Accordingly, as stated above, the
petitioner and the Governments of China and Japan should submit their
initial entries of appearance after publication of this notice in order
to appear in the first annual inquiry service lists for these orders.
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Governments of
China and Japan will not need to resubmit their entries of appearance
each year to continue to be included on the annual inquiry service
list. However, the petitioner and the Governments of China and Japan
are responsible for making amendments to their entries of appearance
during the annual update to the annual inquiry service list in
accordance with the procedures described above.
---------------------------------------------------------------------------
\18\ See Final Rule, 86 FR 52335.
---------------------------------------------------------------------------
Notification to Interested Parties
This notice constitutes the AD orders with respect to printing
plates from China and Japan and the CVD order with respect to printing
plates from China, pursuant to sections 706(a) and 736(a) of the Act.
Interested parties can find a list of AD and CVD orders currently in
effect at <a href="https://www.trade.gov/datavisualization/adcvd-proceedings">https://www.trade.gov/datavisualization/adcvd-proceedings</a>.
These orders are issued and published in accordance with sections
706(a) and 736(a) of the Act and 19 CFR 351.211(b).
Dated: November 18, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by these orders are 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 these
orders 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 these orders 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 Schedule of the United States (HTSUS)
subheadings 3701.30.0000 and 3701.99.6060. Further, merchandise that
falls within the scope of these orders 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 these
orders is dispositive.
[FR Doc. 2024-27426 Filed 11-21-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 22, 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.