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]]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\3\ See also section 735(e) of the Tariff Act of 1930, as
amended (the Act).
\4\ See 19 CFR 351.224(g).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\7\ See Preliminary Determination, 83 FR at 29090.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\11\ See Preliminary Determination, 83 FR at 29089 and
Preliminary Decision Memorandum, at 4-7.
---------------------------------------------------------------------------
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