Antidumping Duty Investigation of Common Alloy Aluminum Sheet From the People's Republic of China: Affirmative Preliminary Determination of Sales at Less-Than-Fair Value, Preliminary Affirmative Determination of Critical Circumstances, and Postponement of Final Determination, 29088-29092 [2018-13423]
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29088
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Vol. 83, No. 121
Friday, June 22, 2018
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[FR Doc. 2018–13527 Filed 6–20–18; 11:15 am]
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International Trade Administration
[A–570–073]
Antidumping Duty Investigation of
Common Alloy Aluminum Sheet From
the People’s Republic of China:
Affirmative Preliminary Determination
of Sales at Less-Than-Fair Value,
Preliminary Affirmative Determination
of Critical Circumstances, and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that common alloy aluminum sheet
(aluminum sheet) from the People’s
Republic of China (China) is being, or is
likely to be, sold in the United States at
less-than-fair value (LTFV). We invite
interested parties to comment on this
preliminary determination.
DATES: Applicable June 22, 2018.
FOR FURTHER INFORMATION CONTACT:
Deborah Scott or Scott Hoefke, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
(202) 482–2657 and (202) 482–4947,
respectively.
AGENCY:
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SUPPLEMENTARY INFORMATION:
Background
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Commerce published the notice of
initiation of this LTFV investigation on
December 4, 2017.1 Commerce exercised
its discretion to toll deadlines affected
by the closure of the Federal
Government from January 20 through
22, 2018. The revised deadline for the
preliminary determination of this
investigation became April 26, 2018.2
On March 29, 2018, we postponed the
deadline for the preliminary
determination by 50 days, in accordance
with section 733(c)(1)(B) of the Tariff
Act of 1930, as amended (the Act) and
19 CFR 351.205(b)(2).3 On April 13,
2018, we clarified that the postponed
preliminary deadline is June 15, 2018.4
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum that is dated
concurrently with this determination
and is hereby adopted by this notice.5 A
list of topics included in the
Preliminary Decision Memorandum is
included as Appendix I 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 to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and electronic version 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-ThanFair-Value and Countervailing Duty Investigations,
82 FR 57214 (December 4, 2017) (Initiation Notice).
2 See Memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government’’ (Tolling
Memorandum), dated January 23, 2018. All
deadlines in this segment of the proceeding have
been extended by 3 days.
3 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Postponement of
Preliminary Determination of the Less-Than-FairValue Investigation, 83 FR 14262 (April 3, 2018).
4 See Memorandum, ‘‘Less-Than-Fair-Value
Investigation of Common Alloy Aluminum Sheet
from the People’s Republic of China: Correction of
the Preliminary Determination Deadline,’’ dated
April 13, 2018.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Antidumping
Duty Investigation of Common Alloy Aluminum
Sheet from the People’s Republic of China,’’ dated
concurrently with this notice (Preliminary Decision
Memorandum).
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Period of Investigation
The period of investigation (POI) is
April 1, 2017, through September 30,
2017.
received, for purposes of this
preliminary determination, we are not
modifying the scope language as it
appeared in the Initiation Notice.12
Scope of the Investigation
The product covered by this
investigation is aluminum sheet from
China. For a complete description of the
scope of this investigation, see
Appendix II.
Methodology
Scope Comments
In accordance with the preamble to
Commerce’s regulations,6 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., ‘‘scope’’).7 We received
scope comments from interested parties
between December 18 and December 20,
2017.8 We received rebuttal scope
comments from the Aluminum
Association Common Alloy Sheet Trade
Enforcement Working Group (the
Domestic Industry) on January 3, 2018.9
Between March 2 and March 26, 2018,
we received additional scope comments
from interested parties,10 and on March
14, 2018, we received rebuttal scope
comments from the Domestic
Industry.11 Based on the comments
6 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
7 See Initiation Notice, 82 FR at 57215.
8 See Letter from the Metal Composite Building
Materials and Products Branch of China, ‘‘Common
Alloy Aluminum Sheet from of China;
Antidumping and Countervailing Duty
Investigations: Comments on Scope of
Investigations,’’ dated December 18, 2017; Letter
from The Beer Institute, ‘‘Common Alloy
Aluminum Sheet from the People’s Republic of
China: Comments on Scope,’’ dated December 18,
2017; Letter from The Truck Trailer Manufacturers
Association, ‘‘A–570–073, C–570–074 Common
Alloy Aluminum Sheet from the People’s Republic
of China: Initiation of Less-Than-Fair-Value and
Countervailing Duty Investigations,’’ dated
December 18, 2017; and Letter from MAHLE Behr
USA Inc., MAHLE Behr Troy Inc. and MAHLE Behr
Charleston Inc., ‘‘Comments on Scope of the
Investigation—Common Alloy Aluminum Sheet
from the People’s Republic of China,’’ dated
December 18, 2017; Letter from Can Manufactures
Institute, ‘‘Common Alloy Aluminum Sheet from
the People’s Republic of China: Comments on
Scope (Case Nos. A–570–073, C–570–074),’’ dated
December 20, 2017.
9 See Letter from the Domestic Industry,
‘‘Common Alloy Aluminum Sheet from the People’s
Republic of China—Domestic Industry’s Scope
Rebuttal Comments,’’ dated January 3, 2018.
10 See Letter from FUJIFILM Manufacturing
U.S.A., Inc. and FUJIFILM Holdings America
Corporation (collectively, FUJIFILM), ‘‘Common
Alloy Aluminum Sheet from the People’s Republic
of China—Scope Exclusion Comments,’’ dated
March 2, 2018; see also Letter from FUJIFILM,
‘‘Common Alloy Aluminum Sheet from the People’s
Republic of China—Submission of Factual
Information to Rebut, Clarify, or Correct Factual
Information Submitted by the Domestic Industry,’’
dated March 26, 2018.
11 See Letter from the Domestic Industry,
‘‘Common Alloy Aluminum Sheet from the People’s
Republic of China—Domestic Industry’s Rebuttal to
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We are conducting this investigation
in accordance with section 731 of the
Tariff Act of 1930, as amended (the Act).
We calculated export prices in
accordance with section 772 of the Act.
Because China is a non-market economy
within the meaning of section 771(18) of
the Act, we calculated normal value
(NV) in accordance with section 773(c)
of the Act. For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Affirmative Preliminary Determination,
in Part, of Critical Circumstances
On March 23, 2018, the Domestic
Industry timely filed a critical
circumstances allegation, pursuant to
section 733(e)(1) of the Act and 19 CFR
351.206, alleging that critical
circumstances exist with respect to
imports of aluminum sheet from
China.13 We preliminarily determine
that critical circumstances exist for
Nanjie Resources Co., Limited (Nanjie),
Yong Jie New Material Co., Ltd. (Yong
Jie New Material), and Zhejiang Yongjie
Aluminum Co., Ltd. (Yongjie
Aluminum) (collectively, Yongjie
Companies); Zhejiang GKO Aluminium
Stock Co., Ltd. (GKO Aluminium); the
companies eligible for a separate rate;
and the China-wide entity. In addition,
we preliminarily determine that critical
circumstances do not exist for Henan
Mingtai Al Industrial Co., Ltd. (Henan
Mingtai) and Zhengzhou Mingtai
Industry Co., Ltd. (Zhengzhou Mingtai)
(collectively, Mingtai). For a full
description of the methodology and
results of our analysis, see the
Preliminary Decision Memorandum and
Critical Circumstances Memorandum.14
Combination Rates
In the Initiation Notice, we stated that
it would calculate combination rates for
the respondents that are eligible for a
F’UJIIFILM’s Scope Comments,’’ dated March 14,
2018.
12 See Memorandum, ‘‘Common Alloy Aluminum
Sheet from the People’s Republic of China: Scope
Comments Preliminary Decision Memorandum,’’
dated June 15, 2018.
13 See Letter from the Domestic Industry,
‘‘Antidumping and Countervailing Duty
Investigation of Common Alloy Aluminum Sheet
from the People’s Republic of China—Domestic
Industry’s Allegation of Critical Circumstances,’’
dated March 23, 2018.
14 See Memorandum, ‘‘Calculations for
Preliminary Determination of Critical
Circumstances,’’ dated June 15, 2018.
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separate rate in this investigation.15
Policy Bulletin 05.1 describes this
practice.16
Preliminary Determination
The preliminary weighted-average
antidumping margins are as follows:
Weightedaverage
margin
(percent)
Exporter
Producer
Henan Mingtai Al Industrial Co., Ltd./Zhengzhou
Mingtai Industry Co., Ltd 17.
Alcha International Holdings Limited ............................
Alumax Composite Material (Jiangyin) Co., Ltd ...........
Granges Aluminum (Shanghai) Co., Ltd ......................
Henan Founder Beyond Industry Co., Ltd ...................
Huafon Nikkei Aluminium Corporation .........................
Jiangsu Lidao New Material Co., Ltd ...........................
Jiangsu Lidao New Material Co., Ltd ...........................
Jiangyin Litai Ornamental Materials Co., Ltd ...............
Jiangyin New Alumax Composite Material Co. Ltd ......
Shandong Fuhai Industrial Co., Ltd .............................
Tianjin Zhongwang Aluminium Co., Ltd .......................
Xiamen Xiashun Aluminum Foil Co., Ltd .....................
Yantai Jintai International Trade Co., Ltd ....................
Yinbang Clad Material Co., Ltd ....................................
Zhengzhou Silverstone Limited ....................................
Zhengzhou Silverstone Limited ....................................
Zhengzhou Silverstone Limited ....................................
Zhengzhou Silverstone Limited ....................................
Henan Mingtai Al Industrial Co., Ltd./Zhengzhou
Mingtai Industry Co., Ltd.
Jiangsu Alcha Aluminium Co., Ltd ...............................
Chalco Ruimin Co., Ltd ................................................
Granges Aluminum (Shanghai) Co., Ltd ......................
Henan Xintai Aluminum Industry Co., Ltd ....................
Huafon Nikkei Aluminium Corporation .........................
Henan Jinyang Luyue Co., Ltd .....................................
Jiangsu Zhong He Aluminum Co., Ltd .........................
Jiangyin Litai Ornamental Materials Co., Ltd ...............
Chalco Ruimin Co., Ltd ................................................
Shandong Fuhai Industrial Co., Ltd .............................
Tianjin Zhongwang Aluminium Co., Ltd .......................
Xiamen Xiashun Aluminum Foil Co., Ltd .....................
Shandong Nanshan Aluminium Co., Ltd ......................
Yinbang Clad Material Co., Ltd ....................................
Henan Zhongyuan Aluminum Co., Ltd .........................
Luoyang Xinlong Aluminum Co., Ltd ............................
Shanghai Dongshuo Metal Trade Co., Ltd ..................
Zhengzhou Mingtai Industry Co., Ltd ...........................
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In accordance with section 733(d)(2)
of the Act, we will direct U.S. Customs
and Border Protection (CBP) to suspend
liquidation of all entries of aluminum
sheet from China 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 section
733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
weighted-average amount by which
normal value exceeds U.S. price, as
indicated in the chart above as follows:
(1) For the producer/exporter
combinations listed in the table above,
the cash deposit rate is equal to the
estimated weighted average dumping
margin listed for that combination in the
table; (2) for all combinations of China
producers/exporters of merchandise
under consideration that have not
established eligibility for their own
separate rates, the cash deposit rate will
be equal to the estimated weightedaverage dumping margin established for
the China-wide entity; and (3) for all
15 See
Initiation Notice, 82 FR at 57217.
Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on the Department’s
16 See
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167.16
167.16
167.16
167.16
China-Wide Entity
Suspension of Liquidation
Cash deposit
adjusted for
subsidy offset
(percent)
167.16
unliquidated entries of merchandise
from the producer/exporter
combinations 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.
The suspension of liquidation will
remain in effect until further notice.
third-country exporters of merchandise
under consideration not listed in the
table above, the cash deposit rate is the
cash deposit rate applicable to the China
producer/exporter combination that
supplied that third-country exporter.
Section 733(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 from Nanjie
Resources Co., Limited/Yong Jie New
Material Co., Ltd./Zhejiang Yongjie
Aluminum Co., Ltd.; Zhejiang GKO
Aluminium Stock Co., Ltd.; the
companies eligible for a separate rate;
and the China-wide entity, as discussed
above.
In accordance with section
733(e)(2)(A) of the Act, the suspension
of liquidation shall apply to all
Disclosure and Public Comment
We will disclose to interested parties
the calculations performed in this
proceeding within five days of the date
of announcement of this preliminary
determination in accordance with 19
CFR 351.224(b). Case briefs or other
written comments on the preliminary
determination described above 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 proceeding.18 Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than five days
after the deadline date for case briefs.19
Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
website at https://enforcement.trade.gov/policy/
bull05-1.pdf.
17 We preliminarily determine that Henan
Mingtai Al Industrial Co., Ltd. and Zhengzhou
Mingtai Industry Co., Ltd. are a single entity. See
Preliminary Decision Memorandum; see also
Memorandum, ‘‘Preliminary Affiliation and
Collapsing Memorandum for Henan Mingtai Al
Industrial Co., Ltd. and Zhengzhou Mingtai
Industry Co., Ltd.,’’ dated concurrently with this
notice.
18 See 19 CFR 351.309(b)(2)(c)(i).
19 See 19 CFR 351.309, see also 19 CFR 351.303
(for general filing requirements).
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29091
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argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.20 This
summary should be limited to five pages
total, including footnotes.
Interested parties who wish to request
a hearing must do so in writing within
30 days after the publication of this
preliminary determination in the
Federal Register.21 Requests should
contain the party’s name, address, and
telephone number; the number of
participants; and a list of the issues to
be discussed. If a request for a hearing
is made, we intend to hold the hearing
at the U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230, at a date, time,
and location to be determined. Parties
will be notified of the date, time, and
location of any hearing.
Parties must file their case and
rebuttal briefs, and any requests for a
hearing, electronically using ACCESS.22
Electronically filed documents must be
received successfully in their entirety by
5:00 p.m. Eastern Time on the due dates
established above.23
351.210(e)(2), from a four-month period
to a period not to exceed six months.24
Additionally, the Domestic Industry
requested that Commerce postpone its
final determination and extend the
application of provisional measures
from a four-month period to a period
not to exceed six months.25
In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) Our
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, we are postponing the final
determination until no later than 135
days after the publication of this notice
in the Federal Register and extending
the provisional measures from a fourmonth period to a period not greater
than six months. Accordingly, we will
issue our final determination no later
than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act.26
II. Background
III. Period of Investigation
IV. Preliminary Determination of Critical
Circumstances
V. Scope Comments
VI. Scope of the Investigation
VII. Postponement of Final Determination
and Extension of Provisional Measures
VIII. Discussion of the Methodology
A. Non-Market Economy Country
B. Surrogate Country and Surrogate Values
C. Separate Rates
D. Combination Rates
E. Collapsing and Affiliation
F. China-Wide Entity
G. Application of Facts Available and
Adverse Inferences
H. Date of Sale
I. Comparisons to Fair Value
J. Normal Value
K. Factor Valuation Methodology
L. Determination of the Comparison
Method
IX. Currency Conversion
X. Adjustment Under Section 777A(F) of the
Act
XI. Adjustment for Countervailable Export
Subsidies
XII. Disclosure and Public Comment
XIII. Verification
XIV. Conclusion
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that requests by
respondents for postponement of a final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
Respondents Mingtai and Yongjie
Companies requested that, in the event
of an affirmative preliminary
determination in this investigation,
Commerce postpone its final
determination, i.e., no later than 135
days after the publication of the
preliminary determination in the
Federal Register, and that Commerce
extend the application of the
provisional measures prescribed under
section 733(d) of the Act and 19 CFR
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we will notify the International
Trade Commission (ITC) of our
preliminary determination of sales at
LTFV. If our 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 our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(I) of the Act and 19
CFR 351.205(c).
Appendix II
20 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.310(c).
22 See 19 CFR 351.303(b)(2)(i).
23 See 19 CFR 351.303(b)(1).
21 See
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17:16 Jun 21, 2018
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Dated: June 15, 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
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
24 See Letter from Mingtai and Yongjie
Companies, ‘‘Common Alloy Aluminum Sheet from
the People’s Republic of China: Request for
Postponement of Final Determination,’’ dated May
14, 2018.
25 See Letter from the Domestic Industry,
‘‘Common Alloy Aluminum Sheet from the People’s
Republic of China—Domestic Industry’s Request to
Extend Deadline for Final Antidumping
Determination,’’ dated May 18, 2018.
26 See 19 CFR 351.210(b)(2) and (e).
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Scope of the Investigation
The merchandise covered by this
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 this
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 investigations if performed in the country
of manufacture of the common alloy sheet.
Excluded from the scope of this
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
E:\FR\FM\22JNN1.SGM
22JNN1
29092
Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices
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
this 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.
[FR Doc. 2018–13423 Filed 6–21–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–894]
Certain Tapered Roller Bearings From
the Republic of Korea: Final
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
certain tapered roller bearings (TRBs)
from the Republic of Korea (Korea) for
the period of investigation (POI) of April
1, 2016 through March 31, 2017, are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV).
AGENCY:
DATES:
Group 3 and Schaeffler Korea
Corporation (Schaeffler) (collectively,
the respondents) for use in our final
determination. We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
documents provided by the
respondents.4
Scope of the Investigation
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for each of the
respondents. For a discussion of these
changes, see the ‘‘Margin Calculations’’
section of the Issues and Decision
Memorandum.
The product covered by this
investigation is TRBs from Korea. For a
full description of the scope of this
investigation, see the ‘‘Scope of the
Investigation’’ in Appendix I of this
notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum
accompanying this notice. A list of the
issues addressed in the Issues and
Decision Memorandum is attached to
this notice as Appendix II. 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 https://
access.trade.gov, and it is available to
all parties in the Central Records Unit,
Room B–8024 of the main Department
of Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended, (the Act)
from February through April 2018, we
conducted verification of the sales and
cost information submitted by Iljin
Applicable June 22, 2018.
FOR FURTHER INFORMATION CONTACT:
daltland on DSKBBV9HB2PROD with NOTICES
from Korea.1 A summary of the events
that occurred since Commerce
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum, which is adopted by this
notice.2
Blaine Wiltse and Manuel Rey, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6345 and (202) 482–5518,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 2018, Commerce
published the Preliminary
Determination of sales at LTFV of TRBs
VerDate Sep<11>2014
17:16 Jun 21, 2018
Jkt 244001
1 See Certain Tapered Roller Bearings from the
Republic of Korea: Preliminary Affirmative
Determination of Sales at Less-Than-Fair-Value,
Postponement of Final Determination, and
Extension of Provisional Measures, 83 FR 4901
(February 2, 2018) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum,
‘‘Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value
Investigation of Certain Tapered Roller Bearings
from the Republic of Korea,’’ (Preliminary Decision
Memorandum).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Certain Tapered Roller Bearings
from the Republic of Korea,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually examined, excluding rates
that are zero, de minimis or determined
entirely under section 776 of the Act.
For the final determination, Commerce
calculated the ‘‘all others’’ rate based on
a weighted average of Iljin Group’s and
Schaeffler’s margins using publiclyranged quantities of their sales of
subject merchandise.5
3 Iljin Group is the name used for the collapsedentity comprised of the following three affiliated
companies: Bearing Art Corporation, Iljin Bearing
Corporation, and Iljin Global Corporation.
4 For discussion of our verification findings, see
the following memoranda: Memorandum,
‘‘Verification of Iljin USA Corporation in the
Antidumping Duty Investigation of Certain Tapered
Roller Bearings from the Republic of Korea,’’ dated
April 24, 2018; Memorandum, ‘‘Verification of the
Sales Response of Schaeffler Group U.S.A., Inc. in
the Antidumping Duty Investigation of Tapered
Roller Bearings from Korea,’’ dated April 25, 2018;
Memorandum, ‘‘Verification of the Cost Response of
Bearing Art Corporation in the Less-than-Fair-Value
Investigation of Tapered Roller Bearings from the
Republic of Korea,’’ dated May 2, 2018;
Memorandum, ‘‘Verification of the Cost Response of
Schaeffler Korea Corporation and Schaeffler Group
USA Inc., (‘Schaeffler’) in the Antidumping Duty
Investigation of Tapered Roller Bearings from
Korea,’’ dated May 3, 2018; Memorandum,
‘‘Verification of Bearing Art Corporation in the
Antidumping Duty Investigation of Certain Tapered
Roller Bearings from the Republic of Korea,’’ dated
May 9, 2018; Memorandum, ‘‘Verification of Iljin
Bearing Corporation in the Antidumping Duty
Investigation of Certain Tapered Roller Bearings
from the Republic of Korea,’’ dated May 10, 2018;
and Memorandum, ‘‘Verification of the Sales
Response of Schaeffler Korea Corporation in the
Antidumping Duty Investigation of Tapered Roller
Bearings from Korea,’’ dated May 10, 2018.
5 With two respondents under examination,
Commerce normally calculates (A) a weightedaverage of the estimated weighted-average dumping
margins calculated for the examined respondents
E:\FR\FM\22JNN1.SGM
22JNN1
]]>Agencies
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Notices]
[Pages 29088-29092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13423]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-073]
Antidumping Duty Investigation of Common Alloy Aluminum Sheet
From the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value, Preliminary Affirmative
Determination of Critical Circumstances, and Postponement of Final
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that common alloy aluminum sheet (aluminum sheet) from the People's
Republic of China (China) is being, or is likely to be, sold in the
United States at less-than-fair value (LTFV). We invite interested
parties to comment on this preliminary determination.
DATES: Applicable June 22, 2018.
FOR FURTHER INFORMATION CONTACT: Deborah Scott or Scott Hoefke, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone (202) 482-2657 and (202) 482-4947,
respectively.
[[Page 29089]]
SUPPLEMENTARY INFORMATION:
Background
Commerce published the notice of initiation of this LTFV
investigation on December 4, 2017.\1\ Commerce exercised its discretion
to toll deadlines affected by the closure of the Federal Government
from January 20 through 22, 2018. The revised deadline for the
preliminary determination of this investigation became April 26,
2018.\2\ On March 29, 2018, we postponed the deadline for the
preliminary determination by 50 days, in accordance with section
733(c)(1)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.205(b)(2).\3\ On April 13, 2018, we clarified that the postponed
preliminary deadline is June 15, 2018.\4\
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Initiation of Less-Than-Fair-Value and Countervailing Duty
Investigations, 82 FR 57214 (December 4, 2017) (Initiation Notice).
\2\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government'' (Tolling Memorandum), dated January 23, 2018.
All deadlines in this segment of the proceeding have been extended
by 3 days.
\3\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Postponement of Preliminary Determination of the Less-
Than-Fair-Value Investigation, 83 FR 14262 (April 3, 2018).
\4\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Common Alloy Aluminum Sheet from the People's Republic of China:
Correction of the Preliminary Determination Deadline,'' dated April
13, 2018.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum that is dated concurrently with this determination and is
hereby adopted by this notice.\5\ A list of topics included in the
Preliminary Decision Memorandum is included as Appendix I 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 to all parties in the Central Records Unit, Room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and electronic version of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Antidumping Duty Investigation of Common Alloy
Aluminum Sheet from the People's Republic of China,'' dated
concurrently with this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (POI) is April 1, 2017, through
September 30, 2017.
Scope of the Investigation
The product covered by this investigation is aluminum sheet from
China. For a complete description of the scope of this investigation,
see Appendix II.
Scope Comments
In accordance with the preamble to Commerce's regulations,\6\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., ``scope'').\7\ We received
scope comments from interested parties between December 18 and December
20, 2017.\8\ We received rebuttal scope comments from the Aluminum
Association Common Alloy Sheet Trade Enforcement Working Group (the
Domestic Industry) on January 3, 2018.\9\ Between March 2 and March 26,
2018, we received additional scope comments from interested
parties,\10\ and on March 14, 2018, we received rebuttal scope comments
from the Domestic Industry.\11\ Based on the comments received, for
purposes of this preliminary determination, we are not modifying the
scope language as it appeared in the Initiation Notice.\12\
---------------------------------------------------------------------------
\6\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\7\ See Initiation Notice, 82 FR at 57215.
\8\ See Letter from the Metal Composite Building Materials and
Products Branch of China, ``Common Alloy Aluminum Sheet from of
China; Antidumping and Countervailing Duty Investigations: Comments
on Scope of Investigations,'' dated December 18, 2017; Letter from
The Beer Institute, ``Common Alloy Aluminum Sheet from the People's
Republic of China: Comments on Scope,'' dated December 18, 2017;
Letter from The Truck Trailer Manufacturers Association, ``A-570-
073, C-570-074 Common Alloy Aluminum Sheet from the People's
Republic of China: Initiation of Less-Than-Fair-Value and
Countervailing Duty Investigations,'' dated December 18, 2017; and
Letter from MAHLE Behr USA Inc., MAHLE Behr Troy Inc. and MAHLE Behr
Charleston Inc., ``Comments on Scope of the Investigation--Common
Alloy Aluminum Sheet from the People's Republic of China,'' dated
December 18, 2017; Letter from Can Manufactures Institute, ``Common
Alloy Aluminum Sheet from the People's Republic of China: Comments
on Scope (Case Nos. A-570-073, C-570-074),'' dated December 20,
2017.
\9\ See Letter from the Domestic Industry, ``Common Alloy
Aluminum Sheet from the People's Republic of China--Domestic
Industry's Scope Rebuttal Comments,'' dated January 3, 2018.
\10\ See Letter from FUJIFILM Manufacturing U.S.A., Inc. and
FUJIFILM Holdings America Corporation (collectively, FUJIFILM),
``Common Alloy Aluminum Sheet from the People's Republic of China--
Scope Exclusion Comments,'' dated March 2, 2018; see also Letter
from FUJIFILM, ``Common Alloy Aluminum Sheet from the People's
Republic of China--Submission of Factual Information to Rebut,
Clarify, or Correct Factual Information Submitted by the Domestic
Industry,'' dated March 26, 2018.
\11\ See Letter from the Domestic Industry, ``Common Alloy
Aluminum Sheet from the People's Republic of China--Domestic
Industry's Rebuttal to F'UJIIFILM's Scope Comments,'' dated March
14, 2018.
\12\ See Memorandum, ``Common Alloy Aluminum Sheet from the
People's Republic of China: Scope Comments Preliminary Decision
Memorandum,'' dated June 15, 2018.
---------------------------------------------------------------------------
Methodology
We are conducting this investigation in accordance with section 731
of the Tariff Act of 1930, as amended (the Act). We calculated export
prices in accordance with section 772 of the Act. Because China is a
non-market economy within the meaning of section 771(18) of the Act, we
calculated normal value (NV) in accordance with section 773(c) of the
Act. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
Affirmative Preliminary Determination, in Part, of Critical
Circumstances
On March 23, 2018, the Domestic Industry timely filed a critical
circumstances allegation, pursuant to section 733(e)(1) of the Act and
19 CFR 351.206, alleging that critical circumstances exist with respect
to imports of aluminum sheet from China.\13\ We preliminarily determine
that critical circumstances exist for Nanjie Resources Co., Limited
(Nanjie), Yong Jie New Material Co., Ltd. (Yong Jie New Material), and
Zhejiang Yongjie Aluminum Co., Ltd. (Yongjie Aluminum) (collectively,
Yongjie Companies); Zhejiang GKO Aluminium Stock Co., Ltd. (GKO
Aluminium); the companies eligible for a separate rate; and the China-
wide entity. In addition, we preliminarily determine that critical
circumstances do not exist for Henan Mingtai Al Industrial Co., Ltd.
(Henan Mingtai) and Zhengzhou Mingtai Industry Co., Ltd. (Zhengzhou
Mingtai) (collectively, Mingtai). For a full description of the
methodology and results of our analysis, see the Preliminary Decision
Memorandum and Critical Circumstances Memorandum.\14\
---------------------------------------------------------------------------
\13\ See Letter from the Domestic Industry, ``Antidumping and
Countervailing Duty Investigation of Common Alloy Aluminum Sheet
from the People's Republic of China--Domestic Industry's Allegation
of Critical Circumstances,'' dated March 23, 2018.
\14\ See Memorandum, ``Calculations for Preliminary
Determination of Critical Circumstances,'' dated June 15, 2018.
---------------------------------------------------------------------------
Combination Rates
In the Initiation Notice, we stated that it would calculate
combination rates for the respondents that are eligible for a
[[Page 29090]]
separate rate in this investigation.\15\ Policy Bulletin 05.1 describes
this practice.\16\
---------------------------------------------------------------------------
\15\ See Initiation Notice, 82 FR at 57217.
\16\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
the Department's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Preliminary Determination
The preliminary weighted-average antidumping margins are as
follows:
----------------------------------------------------------------------------------------------------------------
Cash deposit
Weighted- adjusted for
Exporter Producer average margin subsidy offset
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Henan Mingtai Al Industrial Co., Ltd./ Henan Mingtai Al Industrial Co., 167.16 167.16
Zhengzhou Mingtai Industry Co., Ltd \17\. Ltd./Zhengzhou Mingtai Industry
Co., Ltd.
Alcha International Holdings Limited.......... Jiangsu Alcha Aluminium Co., Ltd 167.16 167.16
Alumax Composite Material (Jiangyin) Co., Ltd. Chalco Ruimin Co., Ltd.......... 167.16 167.16
Granges Aluminum (Shanghai) Co., Ltd.......... Granges Aluminum (Shanghai) Co., 167.16 167.16
Ltd.
Henan Founder Beyond Industry Co., Ltd........ Henan Xintai Aluminum Industry 167.16 167.16
Co., Ltd.
Huafon Nikkei Aluminium Corporation........... Huafon Nikkei Aluminium 167.16 167.16
Corporation.
Jiangsu Lidao New Material Co., Ltd........... Henan Jinyang Luyue Co., Ltd.... 167.16 167.16
Jiangsu Lidao New Material Co., Ltd........... Jiangsu Zhong He Aluminum Co., 167.16 167.16
Ltd.
Jiangyin Litai Ornamental Materials Co., Ltd.. Jiangyin Litai Ornamental 167.16 167.16
Materials Co., Ltd.
Jiangyin New Alumax Composite Material Co. Ltd Chalco Ruimin Co., Ltd.......... 167.16 167.16
Shandong Fuhai Industrial Co., Ltd............ Shandong Fuhai Industrial Co., 167.16 167.16
Ltd.
Tianjin Zhongwang Aluminium Co., Ltd.......... Tianjin Zhongwang Aluminium Co., 167.16 167.16
Ltd.
Xiamen Xiashun Aluminum Foil Co., Ltd......... Xiamen Xiashun Aluminum Foil 167.16 167.16
Co., Ltd.
Yantai Jintai International Trade Co., Ltd.... Shandong Nanshan Aluminium Co., 167.16 167.16
Ltd.
Yinbang Clad Material Co., Ltd................ Yinbang Clad Material Co., Ltd.. 167.16 167.16
Zhengzhou Silverstone Limited................. Henan Zhongyuan Aluminum Co., 167.16 167.16
Ltd.
Zhengzhou Silverstone Limited................. Luoyang Xinlong Aluminum Co., 167.16 167.16
Ltd.
Zhengzhou Silverstone Limited................. Shanghai Dongshuo Metal Trade 167.16 167.16
Co., Ltd.
Zhengzhou Silverstone Limited................. Zhengzhou Mingtai Industry Co., 167.16 167.16
Ltd.
---------------------------------------------------------------------------------
China-Wide Entity 167.16 167.16
----------------------------------------------------------------------------------------------------------------
Suspension of Liquidation
---------------------------------------------------------------------------
\17\ We preliminarily determine that Henan Mingtai Al Industrial
Co., Ltd. and Zhengzhou Mingtai Industry Co., Ltd. are a single
entity. See Preliminary Decision Memorandum; see also Memorandum,
``Preliminary Affiliation and Collapsing Memorandum for Henan
Mingtai Al Industrial Co., Ltd. and Zhengzhou Mingtai Industry Co.,
Ltd.,'' dated concurrently with this notice.
---------------------------------------------------------------------------
In accordance with section 733(d)(2) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of aluminum sheet from China 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 section 733(d)(1)(B) of the Act
and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit equal to the weighted-average amount by which normal value
exceeds U.S. price, as indicated in the chart above as follows: (1) For
the producer/exporter combinations listed in the table above, the cash
deposit rate is equal to the estimated weighted average dumping margin
listed for that combination in the table; (2) for all combinations of
China producers/exporters of merchandise under consideration that have
not established eligibility for their own separate rates, the cash
deposit rate will be equal to the estimated weighted-average dumping
margin established for the China-wide entity; and (3) for all third-
country exporters of merchandise under consideration not listed in the
table above, the cash deposit rate is the cash deposit rate applicable
to the China producer/exporter combination that supplied that third-
country exporter.
Section 733(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 from Nanjie Resources Co., Limited/Yong Jie New Material
Co., Ltd./Zhejiang Yongjie Aluminum Co., Ltd.; Zhejiang GKO Aluminium
Stock Co., Ltd.; the companies eligible for a separate rate; and the
China-wide entity, as discussed above.
In accordance with section 733(e)(2)(A) of the Act, the suspension
of liquidation shall apply to all unliquidated entries of merchandise
from the producer/exporter combinations 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.
The suspension of liquidation will remain in effect until further
notice.
Disclosure and Public Comment
We will disclose to interested parties the calculations performed
in this proceeding within five days of the date of announcement of this
preliminary determination in accordance with 19 CFR 351.224(b). Case
briefs or other written comments on the preliminary determination
described above 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 proceeding.\18\
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than five days after the deadline date for case
briefs.\19\
---------------------------------------------------------------------------
\18\ See 19 CFR 351.309(b)(2)(c)(i).
\19\ See 19 CFR 351.309, see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each
[[Page 29091]]
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\20\ This summary should be
limited to five pages total, including footnotes.
---------------------------------------------------------------------------
\20\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must do so in
writing within 30 days after the publication of this preliminary
determination in the Federal Register.\21\ Requests should contain the
party's name, address, and telephone number; the number of
participants; and a list of the issues to be discussed. If a request
for a hearing is made, we intend to hold the hearing at the U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, at a date, time, and location to be determined. Parties will be
notified of the date, time, and location of any hearing.
---------------------------------------------------------------------------
\21\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Parties must file their case and rebuttal briefs, and any requests
for a hearing, electronically using ACCESS.\22\ Electronically filed
documents must be received successfully in their entirety by 5:00 p.m.
Eastern Time on the due dates established above.\23\
---------------------------------------------------------------------------
\22\ See 19 CFR 351.303(b)(2)(i).
\23\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that requests by respondents for postponement of a final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
Respondents Mingtai and Yongjie Companies requested that, in the
event of an affirmative preliminary determination in this
investigation, Commerce postpone its final determination, i.e., no
later than 135 days after the publication of the preliminary
determination in the Federal Register, and that Commerce extend the
application of the provisional measures prescribed under section 733(d)
of the Act and 19 CFR 351.210(e)(2), from a four-month period to a
period not to exceed six months.\24\ Additionally, the Domestic
Industry requested that Commerce postpone its final determination and
extend the application of provisional measures from a four-month period
to a period not to exceed six months.\25\
---------------------------------------------------------------------------
\24\ See Letter from Mingtai and Yongjie Companies, ``Common
Alloy Aluminum Sheet from the People's Republic of China: Request
for Postponement of Final Determination,'' dated May 14, 2018.
\25\ See Letter from the Domestic Industry, ``Common Alloy
Aluminum Sheet from the People's Republic of China--Domestic
Industry's Request to Extend Deadline for Final Antidumping
Determination,'' dated May 18, 2018.
---------------------------------------------------------------------------
In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) Our preliminary determination is
affirmative; (2) the requesting exporters account for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, we are postponing the final determination
until no later than 135 days after the publication of this notice in
the Federal Register and extending the provisional measures from a
four-month period to a period not greater than six months. Accordingly,
we will issue our final determination no later than 135 days after the
date of publication of this preliminary determination, pursuant to
section 735(a)(2) of the Act.\26\
---------------------------------------------------------------------------
\26\ See 19 CFR 351.210(b)(2) and (e).
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International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we will notify the
International Trade Commission (ITC) of our preliminary determination
of sales at LTFV. If our 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 our final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(I) of the Act and 19 CFR 351.205(c).
Dated: June 15, 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
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Preliminary Determination of Critical Circumstances
V. Scope Comments
VI. Scope of the Investigation
VII. Postponement of Final Determination and Extension of
Provisional Measures
VIII. Discussion of the Methodology
A. Non-Market Economy Country
B. Surrogate Country and Surrogate Values
C. Separate Rates
D. Combination Rates
E. Collapsing and Affiliation
F. China-Wide Entity
G. Application of Facts Available and Adverse Inferences
H. Date of Sale
I. Comparisons to Fair Value
J. Normal Value
K. Factor Valuation Methodology
L. Determination of the Comparison Method
IX. Currency Conversion
X. Adjustment Under Section 777A(F) of the Act
XI. Adjustment for Countervailable Export Subsidies
XII. Disclosure and Public Comment
XIII. Verification
XIV. Conclusion
Appendix II
Scope of the Investigation
The merchandise covered by this 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 this 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 investigations if performed in the
country of manufacture of the common alloy sheet.
Excluded from the scope of this 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
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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 this 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.
[FR Doc. 2018-13423 Filed 6-21-18; 8:45 am]
BILLING CODE 3510-DS-P
