Common Alloy Aluminum Sheet From the People's Republic of China: Preliminary Affirmative Countervailing Duty (CVD) Determination, Alignment of Final CVD Determination With Final Antidumping Duty Determination, and Preliminary CVD Determination of Critical Circumstances, 17651-17653 [2018-08391]
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Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices
• NEO Tech.; Chatsworth, CA
• Net-Inspect, LLC; Kirkland, WA
• New England Airfoil Products, Inc.;
Farmington, CT
• Nokia US; Murray Hill, NJ
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• Universal Protection Services; Santa
Ana, CA
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• Unitech Aerospace; Hayden, ID
• United Technologies Corporation;
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• Verify, Inc.; Irvine, CA
• Virgin Galactic, LLC; Las Cruces, NM
• Wesco Aircraft Hardware Corporation;
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• Woodward, Inc.; Fort Collins, CO
• Xerox; Norwalk, CT
Dated: April 16, 2018.
Joseph Flynn,
Director, Office of Trade and Economic
Analysis, International Trade Administration.
[FR Doc. 2018–08404 Filed 4–20–18; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–074]
Common Alloy Aluminum Sheet From
the People’s Republic of China:
Preliminary Affirmative Countervailing
Duty (CVD) Determination, Alignment
of Final CVD Determination With Final
Antidumping Duty Determination, and
Preliminary CVD Determination of
Critical Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
common alloy aluminum sheet
(common alloy sheet) from the People’s
Republic of China (China). The period
of investigation is January 1, 2016,
through December 31, 2016. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable April 23, 2018.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas, Lana Nigro, or John
Anwesen, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3813, (202) 482–1779, or
(202) 482–0131, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on December 4, 2017.1 On January 19,
1 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Initiation of Less-ThanFair-Value and Countervailing Duty Investigation,
82 FR 57214 (December 4, 2017) (Initiation Notice).
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17651
2018, Commerce postponed the
preliminary determination of this
investigation until April 16, 2018.2 For
a complete description of the events that
followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
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 https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room B8024 of the main Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Investigation
The product covered by this
investigation is common alloy sheet
from China. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage, (i.e., scope).5 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice. Commerce
intends to issue its preliminary decision
regarding comments concerning the
scope of the antidumping duty (AD) and
CVD investigations in the preliminary
determination of the companion AD
investigation.
2 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Postponement of
Preliminary Determination in the Countervailing
Duty Investigation, 83 FR 2768 (January 19, 2018);
see also Commerce memorandum, ‘‘Countervailing
Duty Investigation of Common Alloy Aluminum
Sheet from the People’s Republic of China:
Correction of the Preliminary Determination
Deadline,’’ dated April 9, 2018.
3 See Decision Memorandum for the Preliminary
Affirmative Determination: Countervailing Duty
Investigation of Common Alloy Aluminum Sheet
from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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17652
Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily 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.6 In
making these findings, we relied, in
part, on facts available and, because one
or more respondents did not act to the
best of their ability to respond to
Commerce’s requests for information,
we drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.7 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
Notwithstanding the language of section
705(c)(5)(A)(i) of the Act, we have not
calculated the ‘‘all-others’’ rate by
weight-averaging the rates of the two
individually investigated respondents,
because doing so risks disclosure of
proprietary information. Therefore, for
the ‘‘all-others’’ rate, we calculated a
simple average of the two responding
companies’ rates.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Preliminary Affirmative Determination
of Critical Circumstances, in Part
In accordance with section 703(e)(1)
of the Act, Commerce preliminarily
determines that critical circumstances
exist with respect to imports of common
alloy sheet from China for Chalco
Ruimin Co., Ltd.; Chalco-SWA Cold
Rolling Co., Ltd., and all other exporters
or producers not individually examined.
Commerce preliminarily determines
that critical circumstances do not exist
with respect to Yong Jie New Material
Co., Ltd.; Henan Mingtai Industrial Co.,
Ltd.; and Zhengzhou Mingtai Industry
Co., Ltd. For a full description of the
methodology and results of Commerce’s
analysis, see the Preliminary Decision
Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final determination in this investigation
with the final determination in the
companion AD investigation of common
alloy sheet from China. Consequently,
the final CVD determination will be
issued on the same date as the final AD
determination, which is currently
scheduled to be issued no later than
August 29, 2018, unless postponed.
amozie on DSK30RV082PROD with NOTICES
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 See sections 776(a) and (b) of the Act.
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Company
Chalco Ruimin Co., Ltd ........
Chalco-SWA Cold Rolling
Co., Ltd .............................
Henan Mingtai Industrial Co.,
Ltd./Zhengzhou Mingtai Industry Co., Ltd 8 ................
Yong Jie New Material Co.,
Ltd 9 ...................................
All-Others ..............................
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
Subsidy rate
interested parties in this preliminary
(percent)
determination within five days of its
113.30 public announcement, or if there is no
public announcement, within five days
113.30 of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
31.20
Act, Commerce intends to verify the
33.10
information relied upon in making its
final determination.
34.99
Suspension of Liquidation
In accordance with section
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Section 703(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of
(a) the date which is 90 days before the
8 As discussed in the Preliminary Decision
Memorandum, Commerce has found Henan
Gongdian Thermal Co., Ltd. to be cross-owned with
Henan Mingtai Industrial Co., Ltd. and Zhengzhou
Mingtai Industry Co., Ltd.
9 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Yong Jie New
Material: Zhejiang Yongjie Aluminum Co., Ltd.;
Zhejiang Nanjie Industry Co., Ltd; Zhejiang Yongjie
Holding Co., Ltd; and Nanjie Resources Co., Ltd.
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Sfmt 4703
date on which the suspension of
liquidation was first ordered, or (b) the
date on which notice of initiation of the
investigation was published. Commerce
preliminarily finds that critical
circumstances exist for imports of
subject merchandise produced and/or
exported by Chalco Ruimin Co., Ltd.;
Chalco-SWA Cold Rolling Co., Ltd., and
all other exporters or producers not
individually examined. In accordance
with section 703(e)(2)(A) of the Act, the
suspension of liquidation shall apply to
unliquidated entries of merchandise
from the exporters/producers identified
in this paragraph that were entered, or
withdrawn from warehouse, for
consumption on or after the date which
is 90 days before the publication of this
notice.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.10
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices
number of participants, and a list of the
issues to be discussed. If a request for
a hearing is made, Commerce intends to
hold the hearing at the U.S. Department
of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a time
and date to be determined. Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will determine before the later of 120
days after the date of this preliminary
determination or 45 days after the final
determination.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: April 16, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
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Appendix I
Scope of the Investigation
The merchandise covered by the
investigation is aluminum common alloy
sheet (common alloy sheet), which is a flatrolled aluminum product having a thickness
of 6.3 mm or less, but greater than 0.2 mm,
in coils or cut-to-length, regardless of width.
Common alloy sheet within the scope of the
investigation includes both not clad
aluminum sheet, as well as multi-alloy, clad
aluminum sheet. With respect to not clad
aluminum sheet, common alloy sheet is
manufactured from a 1XXX-, 3XXX-, or
5XXX-series alloy as designated by the
Aluminum Association. With respect to
multi-alloy, clad aluminum sheet, common
alloy sheet is produced from a 3XXX-series
core, to which cladding layers are applied to
either one or both sides of the core.
Common alloy sheet may be made to
ASTM specification B209–14, but can also be
made to other specifications. Regardless of
specification, however, all common alloy
sheet meeting the scope description is
included in the scope. Subject merchandise
includes common alloy sheet that has been
further processed in a third country,
including but not limited to annealing,
tempering, painting, varnishing, trimming,
cutting, punching, and/or slitting, or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the common alloy sheet.
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17:09 Apr 20, 2018
Jkt 244001
Excluded from the scope of the
investigation is aluminum can stock, which
is suitable for use in the manufacture of
aluminum beverage cans, lids of such cans,
or tabs used to open such cans. Aluminum
can stock is produced to gauges that range
from 0.200 mm to 0.292 mm, and has an H–
19, H–41, H–48, or H–391 temper. In
addition, aluminum can stock has a lubricant
applied to the flat surfaces of the can stock
to facilitate its movement through machines
used in the manufacture of beverage cans.
Aluminum can stock is properly classified
under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7606.12.3045 and 7606.12.3055.
Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set for the
above.
Common alloy sheet is currently
classifiable under HTSUS subheadings
7606.11.3060, 7606.11.6000, 7606.12.3090,
7606.12.6000, 7606.91.3090, 7606.91.6080,
7606.92.3090, and 7606.92.6080. Further,
merchandise that falls within the scope of
these investigation may also be entered into
the United States under HTSUS subheadings
7606.11.3030, 7606.12.3030, 7606.91.3060,
7606.91.6040, 7606.92.3060, 7606.92.6040,
7607.11.9090. 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 Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Preliminary Determination of Critical
Circumstances
VII. Application of the CVD Law to Imports
From China
VIII. Subsidies Valuation
IX. Benchmarks and Interest Rates
X. Use of Facts Otherwise Available and
Adverse Inferences
XI. Analysis of Programs
XII. ITC Notification
XIII. Disclosure and Public Comment
XIV. Verification
XV. Conclusion
[FR Doc. 2018–08391 Filed 4–20–18; 8:45 am]
BILLING CODE 3510–DS–P
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17653
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG165
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
The Assistant Regional
Administrator for Sustainable Fisheries,
Greater Atlantic Region, NMFS, has
made a preliminary determination that
an Exempted Fishing Permit application
contains all of the required information
and warrants further consideration. This
Exempted Fishing Permit would exempt
one commercial fishing vessel from the
Northeast multispecies minimum mesh
size and minimum fish size regulations
in support of gear research to target
healthy haddock and redfish stocks.
Regulations under the MagnusonStevens Fishery Conservation and
Management Act require publication of
this notification to provide interested
parties the opportunity to comment on
applications for proposed Exempted
Fishing Permits.
DATES: Comments must be received on
or before May 8, 2018.
ADDRESSES: You may submit written
comments by any of the following
methods:
• Email: nmfs.gar.efp@noaa.gov.
Include in the subject line ‘‘GMRI Offbottom Trawl EFP.’’
• Mail: Michael Pentony, Regional
Administrator, NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great
Republic Drive, Gloucester, MA 01930.
Mark the outside of the envelope ‘‘GMRI
Off-bottom Trawl EFP.’’
FOR FURTHER INFORMATION CONTACT:
Spencer Talmage, Fishery Management
Specialist, 978–281–9232.
SUPPLEMENTARY INFORMATION: The Gulf
of Maine Research Institute (GMRI)
submitted a complete application for an
Exempted Fishing Permit (EFP) on
March 20, 2018, in support of a 2016
Saltonstall-Kennedy Program project
titled ‘‘Complementary testing of offbottom trawls to target Georges Bank
haddock.’’ The EFP would exempt one
fishing vessel from minimum mesh size
requirements at 50 CFR 648.80(a)(3)(ii)
and temporarily exempt the vessel from
minimum fish size requirements in 50
CFR part 648, subparts B and D through
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)]
[Notices]
[Pages 17651-17653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08391]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-074]
Common Alloy Aluminum Sheet From the People's Republic of China:
Preliminary Affirmative Countervailing Duty (CVD) Determination,
Alignment of Final CVD Determination With Final Antidumping Duty
Determination, and Preliminary CVD Determination of Critical
Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of common alloy aluminum sheet (common alloy sheet) from the
People's Republic of China (China). The period of investigation is
January 1, 2016, through December 31, 2016. Interested parties are
invited to comment on this preliminary determination.
DATES: Applicable April 23, 2018.
FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, Lana Nigro, or John
Anwesen, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3813, (202) 482-1779, or
(202) 482-0131, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on December 4,
2017.\1\ On January 19, 2018, Commerce postponed the preliminary
determination of this investigation until April 16, 2018.\2\ For a
complete description of the events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\3\ A list of
topics discussed in the Preliminary Decision Memorandum is included as
Appendix II to this notice. The Preliminary 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
https://access.trade.gov, and is available to all parties in the Central
Records Unit, room B8024 of the main Commerce building. In addition, a
complete version of the Preliminary Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Initiation of Less-Than-Fair-Value and Countervailing Duty
Investigation, 82 FR 57214 (December 4, 2017) (Initiation Notice).
\2\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Postponement of Preliminary Determination in the
Countervailing Duty Investigation, 83 FR 2768 (January 19, 2018);
see also Commerce memorandum, ``Countervailing Duty Investigation of
Common Alloy Aluminum Sheet from the People's Republic of China:
Correction of the Preliminary Determination Deadline,'' dated April
9, 2018.
\3\ See Decision Memorandum for the Preliminary Affirmative
Determination: Countervailing Duty Investigation of Common Alloy
Aluminum Sheet from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is common alloy sheet
from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. Commerce intends to issue its preliminary
decision regarding comments concerning the scope of the antidumping
duty (AD) and CVD investigations in the preliminary determination of
the companion AD investigation.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
[[Page 17652]]
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily 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.\6\ In making these findings, we relied, in part, on facts
available and, because one or more respondents did not act to the best
of their ability to respond to Commerce's requests for information, we
drew an adverse inference where appropriate in selecting from among the
facts otherwise available.\7\ For further information, see ``Use of
Facts Otherwise Available and Adverse Inferences'' in the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
\7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 703(e)(1) of the Act, Commerce
preliminarily determines that critical circumstances exist with respect
to imports of common alloy sheet from China for Chalco Ruimin Co.,
Ltd.; Chalco-SWA Cold Rolling Co., Ltd., and all other exporters or
producers not individually examined. Commerce preliminarily determines
that critical circumstances do not exist with respect to Yong Jie New
Material Co., Ltd.; Henan Mingtai Industrial Co., Ltd.; and Zhengzhou
Mingtai Industry Co., Ltd. For a full description of the methodology
and results of Commerce's analysis, see the Preliminary Decision
Memorandum.
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final determination in this investigation with the final
determination in the companion AD investigation of common alloy sheet
from China. Consequently, the final CVD determination will be issued on
the same date as the final AD determination, which is currently
scheduled to be issued no later than August 29, 2018, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act. Notwithstanding the language of section 705(c)(5)(A)(i)
of the Act, we have not calculated the ``all-others'' rate by weight-
averaging the rates of the two individually investigated respondents,
because doing so risks disclosure of proprietary information.
Therefore, for the ``all-others'' rate, we calculated a simple average
of the two responding companies' rates.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
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\8\ As discussed in the Preliminary Decision Memorandum,
Commerce has found Henan Gongdian Thermal Co., Ltd. to be cross-
owned with Henan Mingtai Industrial Co., Ltd. and Zhengzhou Mingtai
Industry Co., Ltd.
\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Yong Jie New Material: Zhejiang Yongjie Aluminum Co., Ltd.; Zhejiang
Nanjie Industry Co., Ltd; Zhejiang Yongjie Holding Co., Ltd; and
Nanjie Resources Co., Ltd.
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Subsidy rate
Company (percent)
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Chalco Ruimin Co., Ltd.................................. 113.30
Chalco-SWA Cold Rolling Co., Ltd........................ 113.30
Henan Mingtai Industrial Co., Ltd./Zhengzhou Mingtai 34.99
Industry Co., Ltd \8\..................................
Yong Jie New Material Co., Ltd \9\...................... 31.20
All-Others.............................................. 33.10
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Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Section 703(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist for imports of subject
merchandise produced and/or exported by Chalco Ruimin Co., Ltd.;
Chalco-SWA Cold Rolling Co., Ltd., and all other exporters or producers
not individually examined. In accordance with section 703(e)(2)(A) of
the Act, the suspension of liquidation shall apply to unliquidated
entries of merchandise from the exporters/producers identified in this
paragraph that were entered, or withdrawn from warehouse, for
consumption on or after the date which is 90 days before the
publication of this notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the
[[Page 17653]]
number of participants, and a list of the issues to be discussed. If a
request for a hearing is made, Commerce intends to hold the hearing at
the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230, at a time and date to be determined. Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If the
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination or
45 days after the final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: April 16, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, 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 the investigation is aluminum common
alloy sheet (common alloy sheet), which is a flat-rolled aluminum
product having a thickness of 6.3 mm or less, but greater than 0.2
mm, in coils or cut-to-length, regardless of width. Common alloy
sheet within the scope of the investigation includes both not clad
aluminum sheet, as well as multi-alloy, clad aluminum sheet. With
respect to not clad aluminum sheet, common alloy sheet is
manufactured from a 1XXX-, 3XXX-, or 5XXX-series alloy as designated
by the Aluminum Association. With respect to multi-alloy, clad
aluminum sheet, common alloy sheet is produced from a 3XXX-series
core, to which cladding layers are applied to either one or both
sides of the core.
Common alloy sheet may be made to ASTM specification B209-14,
but can also be made to other specifications. Regardless of
specification, however, all common alloy sheet meeting the scope
description is included in the scope. Subject merchandise includes
common alloy sheet that has been further processed in a third
country, including but not limited to annealing, tempering,
painting, varnishing, trimming, cutting, punching, and/or slitting,
or any other processing that would not otherwise remove the
merchandise from the scope of the investigation if performed in the
country of manufacture of the common alloy sheet.
Excluded from the scope of the investigation is aluminum can
stock, which is suitable for use in the manufacture of aluminum
beverage cans, lids of such cans, or tabs used to open such cans.
Aluminum can stock is produced to gauges that range from 0.200 mm to
0.292 mm, and has an H-19, H-41, H-48, or H-391 temper. In addition,
aluminum can stock has a lubricant applied to the flat surfaces of
the can stock to facilitate its movement through machines used in
the manufacture of beverage cans. Aluminum can stock is properly
classified under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
Where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set for the above.
Common alloy sheet is currently classifiable under HTSUS
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3090, 7606.12.6000,
7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Further,
merchandise that falls within the scope of these investigation may
also be entered into the United States under HTSUS subheadings
7606.11.3030, 7606.12.3030, 7606.91.3060, 7606.91.6040,
7606.92.3060, 7606.92.6040, 7607.11.9090. 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Preliminary Determination of Critical Circumstances
VII. Application of the CVD Law to Imports From China
VIII. Subsidies Valuation
IX. Benchmarks and Interest Rates
X. Use of Facts Otherwise Available and Adverse Inferences
XI. Analysis of Programs
XII. ITC Notification
XIII. Disclosure and Public Comment
XIV. Verification
XV. Conclusion
[FR Doc. 2018-08391 Filed 4-20-18; 8:45 am]
BILLING CODE 3510-DS-P
