Common Alloy Aluminum Sheet From the People's Republic of China: Amended Preliminary Affirmative Determination of Sales at Less Than Fair Value, 39056-39058 [2018-16897]

Download as PDF 39056 Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices China. For a complete description of the scope of this investigation, see the Appendix to this notice. DEPARTMENT OF COMMERCE International Trade Administration [A–570–073] Common Alloy Aluminum Sheet From the People’s Republic of China: Amended Preliminary Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is amending the preliminary determination of the lessthan-fair-value (LTFV) investigation of common alloy aluminum sheet (aluminum sheet) from the People’s Republic of China (China) to correct a significant ministerial error. DATES: Applicable August 8, 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 or (202) 482–4947, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On June 22, 2018, Commerce published in the Federal Register the Preliminary Determination,1 and completed the disclosure of all calculation materials to interested parties. On June 26, 2018, Henan Mingtai Al Industrial Co., Ltd. and Zhengzhou Mingtai Industry Co., Ltd. (collectively, Mingtai), timely filed a ministerial error allegation regarding the Preliminary Determination.2 Commerce did not receive ministerial error allegations or comments from any other interested party. Period of Investigation The period of investigation is April 1, 2017 through September 30, 2017. Analysis of Significant Ministerial Error Allegation Commerce will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination according to 19 CFR 351.224(e). A ministerial error is defined in 19 CFR 351.224(f) as ‘‘an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.’’ 3 A significant ministerial error is defined as a ministerial error, the correction of which, singly or in combination with other errors, would result in: (1) A change of at least five absolute percentage points in, but not less than 25 percent of, the antidumping duty rate calculated in the original preliminary determination; or (2) a difference between an antidumping duty rate of zero or de minimis and an antidumping duty rate of greater than de minimis or vice versa.4 Amended Preliminary Determination Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the Preliminary Determination to reflect the correction of one ministerial error made in the calculation of the estimated weighted-average dumping margin for Mingtai.5 This error is a significant ministerial error within the meaning of 19 CFR 351.224(g) because Mingtai’s margin decreases from 167.16 percent to 91.47 percent as a result of correcting this ministerial error, exceeding the specified threshold, i.e., a change of at least five absolute percentage points in, but not less than 25 percent of, the antidumping duty rate calculated in the original preliminary determination.6 Mingtai is the only mandatory respondent for which Commerce calculated a weighted-average dumping margin in the Preliminary Scope of the Investigation sradovich on DSK3GMQ082PROD with NOTICES The product covered by this investigation is aluminum sheet from 1 See 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, 83 FR 29088 (June 22, 2018) (Preliminary Determination). 2 See Letter from Mingtai, ‘‘Common Alloy Aluminum Sheet from the People’s Republic of China—Ministerial Error Allegation,’’ dated June 26, 2018. VerDate Sep<11>2014 22:37 Aug 07, 2018 Jkt 244001 3 See also section 735(e) of the Tariff Act of 1930, as amended (the Act). 4 See 19 CFR 351.224(g). 5 See Memorandum, ‘‘Less-Than-Fair-Value Investigation of Common Alloy Aluminum Sheet from the People’s Republic of China: Allegation of Ministerial Error in the Preliminary Determination,’’ dated concurrently with this notice (Ministerial Error Memorandum). 6 See Memorandum, ‘‘Analysis for the Amended Preliminary Determination of the Less-Than-FairValue Investigation of Common Alloy Aluminum Sheet from the People’s Republic of China for Henan Mingtai Al Industrial Co., Ltd. and Zhengzhou Mingtai Industry Co., Ltd.,’’ dated concurrently with this notice. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Determination. For this reason, we assigned Mingtai’s calculated rate to the non-examined respondents that preliminarily received a separate rate.7 Accordingly, as part of this amended preliminary determination, Commerce will amend the estimated weightedaverage dumping margin to 91.47 percent for each non-examined respondent that preliminarily received a separate rate. In the Preliminary Determination, we found that Nanjie Resources Co., Limited, Yong Jie New Material Co., Ltd., and Zhejiang Yongjie Aluminum Co., Ltd. (collectively, the Yongjie Companies), Zhejiang GKO Aluminium Stock Co., Ltd. (GKO Aluminium), and the China-wide entity failed to cooperate by not acting to the best of their ability to comply with requests for information and, thus, found that an adverse inference was warranted in selecting from the facts otherwise available.8 In an investigation, Commerce’s practice with respect to the assignment of a rate based on adverse facts available is to select the higher of: (1) The highest dumping margin alleged in the petition or (2) the highest calculated dumping margin of any respondent in the investigation.9 In the Preliminary Determination, because the highest margin in the initiation of this investigation (i.e., 59.72 percent) was less than the 167.16 percent margin calculated for Mingtai, we assigned the 167.16 percent rate to the Yongjie Companies, GKO Aluminium, and the China-wide entity as adverse facts available.10 For this amended preliminary determination, we examined whether the highest margin in the initiation of the investigation (i.e., 59.72 percent) was less than or equal to the highest calculated margin, and determined that the highest calculated margin of 91.47 percent was the higher of the two. Because this rate is a calculated rate based on a mandatory respondent’s data in this segment of the proceeding, it does not constitute secondary information and, therefore, it does not need to be corroborated. Therefore, for this amended preliminary determination, as facts available based on an adverse inference, we have assigned to the Yongjie Companies, 7 See Preliminary Determination, 83 FR at 29090. 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 June 15, 2018 (Preliminary Decision Memorandum), at 20–26. 9 See, e.g., Certain Uncoated Paper from Indonesia: Final Determination of Sales at Less Than Fair Value, 81 FR 3101 (January 20, 2016). 10 See Preliminary Decision Memorandum, at 26. 8 See E:\FR\FM\08AUN1.SGM 08AUN1 39057 Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices GKO Aluminium, and the China-wide entity a dumping margin of 91.47 percent, which is the highest calculated rate in this proceeding. Amended Cash Deposits and Suspension of Liquidation The collection of cash deposits and suspension of liquidation will be revised according to the rates calculated in this amended preliminary determination. Because these amended rates result in reduced cash deposits, the amended rate for Mingtai will be effective retroactively to June 22, 2018, the date of publication of the Preliminary Determination. As Commerce preliminarily found that critical circumstances exist for imports of subject merchandise from the nonexamined respondents that preliminarily received a separate rate, the Yongjie Companies, GKO Aluminium, and the China-wide entity,11 the amended rates for these entities will be effective retroactively to March 24, 2018, i.e., 90 days before the publication of the Preliminary Determination. Parties will be notified of this determination, in accordance with section 733(d) and (f) of the Act. Amended Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage antidumping duty margins exist: Weightedaverage margin (percent) Exporter Producer Henan Mingtai Al Industrial Co., Ltd./Zhengzhou Mingtai Industry Co., Ltd.12. 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 .................... 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 ........................... Yinbang Clad Material Co., Ltd Zhengzhou Silverstone Limited Zhengzhou Silverstone Limited Zhengzhou Silverstone Limited Zhengzhou Silverstone Limited .................................... .................................... .................................... .................................... .................................... We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the amended preliminary determination, in accordance with 19 CFR 351.224. sradovich on DSK3GMQ082PROD with NOTICES International Trade Commission Notification In accordance with section 733(f) of the Act, we will notify the International Trade Commission of our amended preliminary determination. This amended preliminary determination is issued and published pursuant to sections 733(f) and 777(i) of the Act and 19 CFR 351.224(e). 11 See Preliminary Determination, 83 FR at 29089 and Preliminary Decision Memorandum, at 4–7. 12 We preliminarily determined that Henan Mingtai Al Industrial Co., Ltd. and Zhengzhou VerDate Sep<11>2014 22:37 Aug 07, 2018 Jkt 244001 Dated: July 31, 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 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 Mingtai Industry Co., Ltd. are a single entity. See Preliminary Decision Memorandum, at 17–19; see also Memorandum, ‘‘Preliminary Affiliation and Collapsing Memorandum for Henan Mingtai Al PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 91.47 China-Wide Entity Disclosure Cash deposit adjusted for subsidy offset (percent) 91.47 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 otherprocessing 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 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 anH– 19, H–41, H–48, or H–391 temper. In Industrial Co., Ltd. and Zhengzhou Mingtai Industry Co., Ltd.,’’ dated June 15, 2018. E:\FR\FM\08AUN1.SGM 08AUN1 39058 Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices 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 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. 2018–16897 Filed 8–7–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–075] Certain Plastic Decorative Ribbon From the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that certain plastic decorative ribbon (plastic ribbon) 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), for the period of investigation (POI) April 1, 2017, through September 30, 2017. Interested parties are invited to comment on this preliminary determination. AGENCY: DATES: Applicable August 8, 2018. sradovich on DSK3GMQ082PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Nancy Decker, Lauren Caserta, or Caitlin Monks, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0196, (202) 482–4737, or (202) 482–2670, respectively. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 22:37 Aug 07, 2018 Jkt 244001 Background Commerce published the notice of initiation of this investigation on January 23, 2018.1 Commerce exercised its discretion to toll deadlines affected by the closure of the Federal Government from January 20 through 22, 2018.2 Subsequently, Commerce postponed the deadline for the preliminary determination to July 30, 2018.3 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.4 A list of topics included 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 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 the electronic version of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is plastic ribbon from China. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation’’ in Appendix I. 1 See Certain Plastic Decorative Ribbon from the People’s Republic of China: Initiation of Less-ThanFair-Value Investigation, 83 FR 3126 (January 23, 2018) (Initiation Notice). 2 See Memorandum, ‘‘Deadlines Affected by the Shutdown of the Federal Government,’’ dated January 23, 2018 (Tolling Memorandum). Accordingly, all deadlines in this segment of the proceeding have been extended by 3 days. 3 Note that the revised deadline reflects a full postponement to 190 days after the date on which this investigation was initiated, in addition to the 3-day extension due to closure of the Federal Government. See Certain Plastic Decorative Ribbon from the People’s Republic of China: Postponement of Preliminary Determination in the Less-Than-FairValue Investigation, 83 FR 13256 (March 28, 2018). 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Antidumping Duty Investigation of Certain Plastic Decorative Ribbon from the People’s Republic of China’’ (Preliminary Decision Memorandum), dated concurrently with and hereby adopted by this notice. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Scope Comments In accordance with the preamble to the Commerce’s regulations,5 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).6 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.7 In response to the submitted comments, Commerce is preliminarily modifying the scope language as it appeared in the Initiation Notice to exclude certain shredded plastic film/strip and to clarify ‘‘exclusion (4).’’ See ‘‘Scope of the Investigation’’ in Appendix I, which includes the additional clarifying language. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Export prices have been calculated in accordance with section 772(a) 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. In addition, Commerce has preliminarily relied upon facts available under section 776(a)(1) of the Act, including the use of an adverse inference under section 776(b) of the Act, for determining the antidumping margin for one producer and exporter combination, as well as for the Chinawide entity. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice, Commerce stated that it would calculate producer/ exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.8 5 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). 6 See Initiation Notice, 83 FR at 3126. 7 See Memorandum, ‘‘Certain Plastic Decorative Ribbon from the People’s Republic of China: Scope Comments Preliminary Decision Memorandum’’ (Preliminary Scope Decision Memorandum), dated concurrently with and hereby adopted by this notice. 8 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 E:\FR\FM\08AUN1.SGM 08AUN1

Agencies

[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Notices]
[Pages 39056-39058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16897]



[[Page 39056]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-073]


Common Alloy Aluminum Sheet From the People's Republic of China: 
Amended Preliminary Affirmative Determination of Sales at Less Than 
Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is amending the 
preliminary determination of the less-than-fair-value (LTFV) 
investigation of common alloy aluminum sheet (aluminum sheet) from the 
People's Republic of China (China) to correct a significant ministerial 
error.

DATES: Applicable August 8, 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 or (202) 482-4947, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 22, 2018, Commerce published in the Federal Register the 
Preliminary Determination,\1\ and completed the disclosure of all 
calculation materials to interested parties. On June 26, 2018, Henan 
Mingtai Al Industrial Co., Ltd. and Zhengzhou Mingtai Industry Co., 
Ltd. (collectively, Mingtai), timely filed a ministerial error 
allegation regarding the Preliminary Determination.\2\ Commerce did not 
receive ministerial error allegations or comments from any other 
interested party.
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    \1\ See 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, 83 FR 29088 (June 22, 2018) 
(Preliminary Determination).
    \2\ See Letter from Mingtai, ``Common Alloy Aluminum Sheet from 
the People's Republic of China--Ministerial Error Allegation,'' 
dated June 26, 2018.
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Period of Investigation

    The period of investigation 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 the Appendix to this notice.

Analysis of Significant Ministerial Error Allegation

    Commerce will analyze any comments received and, if appropriate, 
correct any significant ministerial error by amending the preliminary 
determination according to 19 CFR 351.224(e). A ministerial error is 
defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or 
other arithmetic function, clerical error resulting from inaccurate 
copying, duplication, or the like, and any other similar type of 
unintentional error which the Secretary considers ministerial.'' \3\ A 
significant ministerial error is defined as a ministerial error, the 
correction of which, singly or in combination with other errors, would 
result in: (1) A change of at least five absolute percentage points in, 
but not less than 25 percent of, the antidumping duty rate calculated 
in the original preliminary determination; or (2) a difference between 
an antidumping duty rate of zero or de minimis and an antidumping duty 
rate of greater than de minimis or vice versa.\4\
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    \3\ See also section 735(e) of the Tariff Act of 1930, as 
amended (the Act).
    \4\ See 19 CFR 351.224(g).
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Amended Preliminary Determination

    Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the 
Preliminary Determination to reflect the correction of one ministerial 
error made in the calculation of the estimated weighted-average dumping 
margin for Mingtai.\5\ This error is a significant ministerial error 
within the meaning of 19 CFR 351.224(g) because Mingtai's margin 
decreases from 167.16 percent to 91.47 percent as a result of 
correcting this ministerial error, exceeding the specified threshold, 
i.e., a change of at least five absolute percentage points in, but not 
less than 25 percent of, the antidumping duty rate calculated in the 
original preliminary determination.\6\
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    \5\ See Memorandum, ``Less-Than-Fair-Value Investigation of 
Common Alloy Aluminum Sheet from the People's Republic of China: 
Allegation of Ministerial Error in the Preliminary Determination,'' 
dated concurrently with this notice (Ministerial Error Memorandum).
    \6\ See Memorandum, ``Analysis for the Amended Preliminary 
Determination of the Less-Than-Fair-Value Investigation of Common 
Alloy Aluminum Sheet from the People's Republic of China for Henan 
Mingtai Al Industrial Co., Ltd. and Zhengzhou Mingtai Industry Co., 
Ltd.,'' dated concurrently with this notice.
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    Mingtai is the only mandatory respondent for which Commerce 
calculated a weighted-average dumping margin in the Preliminary 
Determination. For this reason, we assigned Mingtai's calculated rate 
to the non-examined respondents that preliminarily received a separate 
rate.\7\ Accordingly, as part of this amended preliminary 
determination, Commerce will amend the estimated weighted-average 
dumping margin to 91.47 percent for each non-examined respondent that 
preliminarily received a separate rate.
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    \7\ See Preliminary Determination, 83 FR at 29090.
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    In the Preliminary Determination, we found that Nanjie Resources 
Co., Limited, Yong Jie New Material Co., Ltd., and Zhejiang Yongjie 
Aluminum Co., Ltd. (collectively, the Yongjie Companies), Zhejiang GKO 
Aluminium Stock Co., Ltd. (GKO Aluminium), and the China-wide entity 
failed to cooperate by not acting to the best of their ability to 
comply with requests for information and, thus, found that an adverse 
inference was warranted in selecting from the facts otherwise 
available.\8\ In an investigation, Commerce's practice with respect to 
the assignment of a rate based on adverse facts available is to select 
the higher of: (1) The highest dumping margin alleged in the petition 
or (2) the highest calculated dumping margin of any respondent in the 
investigation.\9\ In the Preliminary Determination, because the highest 
margin in the initiation of this investigation (i.e., 59.72 percent) 
was less than the 167.16 percent margin calculated for Mingtai, we 
assigned the 167.16 percent rate to the Yongjie Companies, GKO 
Aluminium, and the China-wide entity as adverse facts available.\10\ 
For this amended preliminary determination, we examined whether the 
highest margin in the initiation of the investigation (i.e., 59.72 
percent) was less than or equal to the highest calculated margin, and 
determined that the highest calculated margin of 91.47 percent was the 
higher of the two. Because this rate is a calculated rate based on a 
mandatory respondent's data in this segment of the proceeding, it does 
not constitute secondary information and, therefore, it does not need 
to be corroborated. Therefore, for this amended preliminary 
determination, as facts available based on an adverse inference, we 
have assigned to the Yongjie Companies,

[[Page 39057]]

GKO Aluminium, and the China-wide entity a dumping margin of 91.47 
percent, which is the highest calculated rate in this proceeding.
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    \8\ 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 June 15, 
2018 (Preliminary Decision Memorandum), at 20-26.
    \9\ See, e.g., Certain Uncoated Paper from Indonesia: Final 
Determination of Sales at Less Than Fair Value, 81 FR 3101 (January 
20, 2016).
    \10\ See Preliminary Decision Memorandum, at 26.
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Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates calculated in this amended 
preliminary determination. Because these amended rates result in 
reduced cash deposits, the amended rate for Mingtai will be effective 
retroactively to June 22, 2018, the date of publication of the 
Preliminary Determination. As Commerce preliminarily found that 
critical circumstances exist for imports of subject merchandise from 
the non-examined respondents that preliminarily received a separate 
rate, the Yongjie Companies, GKO Aluminium, and the China-wide 
entity,\11\ the amended rates for these entities will be effective 
retroactively to March 24, 2018, i.e., 90 days before the publication 
of the Preliminary Determination. Parties will be notified of this 
determination, in accordance with section 733(d) and (f) of the Act.
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    \11\ See Preliminary Determination, 83 FR at 29089 and 
Preliminary Decision Memorandum, at 4-7.
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Amended Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average antidumping duty margins exist:

----------------------------------------------------------------------------------------------------------------
                                                                                     Weighted-     Cash deposit
                                                                                      average      adjusted for
                  Exporter                                 Producer                   margin      subsidy offset
                                                                                     (percent)       (percent)
----------------------------------------------------------------------------------------------------------------
Henan Mingtai Al Industrial Co., Ltd./       Henan Mingtai Al Industrial Co.,              91.47           91.47
 Zhengzhou Mingtai Industry Co., Ltd.\12\.    Ltd./Zhengzhou Mingtai Industry
                                              Co., Ltd.
Alcha International Holdings Limited.......  Jiangsu Alcha Aluminium Co., Ltd...           91.47           91.47
Alumax Composite Material (Jiangyin) Co.,    Chalco Ruimin Co., Ltd.............           91.47           91.47
 Ltd.
Granges Aluminum (Shanghai) Co., Ltd.......  Granges Aluminum (Shanghai) Co.,              91.47           91.47
                                              Ltd.
Henan Founder Beyond Industry Co., Ltd.....  Henan Xintai Aluminum Industry Co.,           91.47           91.47
                                              Ltd.
Huafon Nikkei Aluminium Corporation........  Huafon Nikkei Aluminium Corporation           91.47           91.47
Jiangsu Lidao New Material Co., Ltd........  Henan Jinyang Luyue Co., Ltd.......           91.47           91.47
Jiangsu Lidao New Material Co., Ltd........  Jiangsu Zhong He Aluminum Co., Ltd.           91.47           91.47
Jiangyin Litai Ornamental Materials Co.,     Jiangyin Litai Ornamental Materials           91.47           91.47
 Ltd.                                         Co., Ltd.
Jiangyin New Alumax Composite Material Co.   Chalco Ruimin Co., Ltd.............           91.47           91.47
 Ltd.
Shandong Fuhai Industrial Co., Ltd.........  Shandong Fuhai Industrial Co., Ltd.           91.47           91.47
Tianjin Zhongwang Aluminium Co., Ltd.......  Tianjin Zhongwang Aluminium Co.,              91.47           91.47
                                              Ltd.
Xiamen Xiashun Aluminum Foil Co., Ltd......  Xiamen Xiashun Aluminum Foil Co.,             91.47           91.47
                                              Ltd.
Yantai Jintai International Trade Co., Ltd.  Shandong Nanshan...................           91.47           91.47
                                             Aluminium Co., Ltd.................
Yinbang Clad Material Co., Ltd.............  Yinbang Clad Material Co., Ltd.....           91.47           91.47
Zhengzhou Silverstone Limited..............  Henan Zhongyuan Aluminum Co., Ltd..           91.47           91.47
Zhengzhou Silverstone Limited..............  Luoyang Xinlong Aluminum Co., Ltd..           91.47           91.47
Zhengzhou Silverstone Limited..............  Shanghai Dongshuo Metal Trade Co.,            91.47           91.47
                                              Ltd.
Zhengzhou Silverstone Limited..............  Zhengzhou Mingtai Industry Co., Ltd           91.47           91.47
----------------------------------------------------------------------------------------------------------------
                                China-Wide Entity                                          91.47           91.47
----------------------------------------------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the amended 
preliminary determination, in accordance with 19 CFR 351.224.
---------------------------------------------------------------------------

    \12\ We preliminarily determined that Henan Mingtai Al 
Industrial Co., Ltd. and Zhengzhou Mingtai Industry Co., Ltd. are a 
single entity. See Preliminary Decision Memorandum, at 17-19; see 
also Memorandum, ``Preliminary Affiliation and Collapsing Memorandum 
for Henan Mingtai Al Industrial Co., Ltd. and Zhengzhou Mingtai 
Industry Co., Ltd.,'' dated June 15, 2018.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we will notify the 
International Trade Commission of our amended preliminary 
determination.
    This amended preliminary determination is issued and published 
pursuant to sections 733(f) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: July 31, 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

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 otherprocessing 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 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 anH-19, H-41, H-48, or H-391 temper. In

[[Page 39058]]

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 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. 2018-16897 Filed 8-7-18; 8:45 am]
 BILLING CODE 3510-DS-P
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