Antidumping Duty Investigation of Common Alloy Aluminum Sheet From the People's Republic of China: Affirmative Final Determination of Sales at Less-Than-Fair Value, 57421-57424 [2018-24869]
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Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Notices
with regard to this program, which had
the lowest rate in the Preliminary
Determination among the programs
alleged to be inconsistent with the SCM
Agreement. In so doing, we intend to
limit the corresponding offset to the
dumping margin (if one is found) in the
companion antidumping duty
investigation, which best fulfills our
statutory mandate ‘‘to ensure that the
party does not obtain a more favorable
result by failing to cooperate than if it
had cooperated fully,’’ 18 and induce
future cooperation by companies in
investigations where the petitioners
allege the existence of programs
potentially inconsistent with the SCM
Agreement.
Because we preliminarily find that the
‘‘Export Assistance Grants’’ program is
export contingent, we preliminarily find
that the criterion under section
703(e)(1)(A) of the Act has been met. In
addition, for the purposes of the
‘‘massive imports’’ analysis, we
preliminarily determine, pursuant to
section 776(b) of the Act, that Fasa
Industrial and Hero Stone shipped
quartz surface products in ‘‘massive’’
quantities during the comparison
period, thereby fulfilling the criteria
under section 703(e)(1)(B) of the Act.19
As a result, we preliminarily determine
that critical circumstances exist with
regard to Fasa Industrial and Hero
Stone.
All Other Companies
We based the all-others rate applied
in the Preliminary Determination on the
rate preliminarily calculated for Foshan
Yixin. As noted above, we preliminarily
found that Foshan Yixin did not use any
countervailable subsidies inconsistent
with the SCM Agreement. As a result,
we also preliminarily determine that all
other exporters of subject merchandise
from China not selected as mandatory
respondents did not use countervailable
subsidies inconsistent with the SCM
Agreement, and thus preliminarily find
that critical circumstances do not exist
with respect to the companies covered
by the all-others rate.
khammond on DSK30JT082PROD with NOTICES
Final Determination
We will make a final determination
concerning critical circumstances in the
final determination of this investigation,
which is currently scheduled for
January 28, 2019.
Public Comment
DEPARTMENT OF COMMERCE
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.20
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.21
Electronically filed documents must
be received successfully in their entirety
by 5:00 p.m. Eastern Time on the due
dates established above.22
International Trade Administration
Suspension of Liquidation
In accordance with section
703(e)(2)(A) of the Act, for Fasa
Industrial and Hero Stone, we will
direct U.S. Customs and Border
Protection (CBP) to suspend liquidation
of any unliquidated entries of subject
merchandise from the China entered, or
withdrawn from warehouse for
consumption, on or after June 23, 2018,
which is 90 days prior to the date of
publication of the Preliminary
Determination in the Federal Register.
For such entries, CBP shall require a
cash deposit equal to the estimated
preliminary subsidy rates established
for Fasa Industrial and Hero Stone in
the Preliminary Determination. This
suspension of liquidation will remain in
effect until further notice.
ITC Notification
In accordance with section 703(f) of
the Act, we will notify the ITC of this
preliminary determination of critical
circumstances.
This determination is issued and
published pursuant to sections 703(f)
and 777(i)(1) of the Act.
Dated: November 8, 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.
[FR Doc. 2018–24941 Filed 11–14–18; 8:45 am]
18 Statement
of Administrative Action
accompanying the Uruguay Round Agreements Act,
H.R. Doc. 103–316, Vol. 1 (1994) at 870, reprinted
in 1994 U.S.C.C.A.N. 4040, 4199.
19 See Critical Circumstances Allegation at
Exhibit 1.
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57421
BILLING CODE 3510–DS–P
20 See
19 CFR 351.309(d)(1).
19 CFR 351.309(c)(2) and (d)(2).
22 See 19 CFR 351.303(b)(1).
21 See
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[A–570–073]
Antidumping Duty Investigation of
Common Alloy Aluminum Sheet From
the People’s Republic of China:
Affirmative 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 common
alloy aluminum sheet (common alloy
sheet) from the People’s Republic of
China (China) is being, or is likely to be,
sold in the United States at less-thanfair value (LTFV) for the period of
investigation (POI) April 1, 2017,
through September 30, 2017.
DATES: Applicable November 15, 2018.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke or Julie Geiger, 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) 482–4947 and (202) 482–2057,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2018, Commerce published
in the Federal Register the Preliminary
Determination and invited interested
parties to comment.1 On August 8, 2018,
Commerce published in the Federal
Register the Amended Preliminary
Determination.2 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 that is dated concurrently
with this determination and hereby
adopted by this notice.3
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 Circumstance,
and Postponement of Final Determination, 83 FR
29088 (June 22, 2018) (Preliminary Determination)
and accompanying Preliminary Decision
Memorandum.
2 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Amended Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, 83 FR 39056 (August 8, 2018) (Amended
Preliminary Determination).
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Investigation of Common Alloy
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Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Notices
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 is
available to all parties in the Central
Records Unit, Room B8024 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
Issues and Decision Memorandum and
the electronic version are identical in
content.
Scope Comments
We invited parties to comment on
Commerce’s Scope Comments
Preliminary Decision Memorandum.4
Commerce has reviewed the briefs
submitted by interested parties,
considered the arguments therein, and
has made no changes to the scope of the
investigation. For further discussion, see
Commerce’s Scope Comments Final
Decision Memorandum.5
Methodology
Commerce conducted this
investigation in accordance with section
731 of the Tariff Act of 1930, as
amended (the Act). For a full
description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
Scope of the Investigation
The merchandise covered by this
investigation is common alloy sheet
from China. For a complete description
of the scope of this investigation, see
Appendix I.
Verification
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As provided in section 782(i) of the
Act, in July, we conducted verification
of the questionnaire responses
submitted by Henan Mingtai Industrial
Co., Ltd. and Zhengzhou Mingtai
(collectively, Mingtai). We issued
verification reports on August 28, 2018.6
Aluminum Sheet from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
4 See Memorandum, ‘‘Common Alloy Aluminum
Sheet from the People’s Republic of China: Scope
Comments Preliminary Decision Memorandum,’’
dated June 15, 2018.
5 See Memorandum, ‘‘Common Alloy Aluminum
Sheet from the People’s Republic of China: Scope
Comments Final Decision Memorandum,’’ dated
concurrently with this memorandum.
6 See Commerce Memoranda, ‘‘Verification of the
Questionnaire Responses of Henan Mingtai Al
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16:53 Nov 14, 2018
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We used standard verification
procedures, including an examination of
relevant accounting and financial
records, and original source documents
provided by Mingtai.
Period of Investigation
The POI is April 1, 2017, through
September 30, 2017.
Analysis of Comments Received
The issues raised in the case and
rebuttal briefs that were submitted by
parties are discussed in the Issues and
Decision Memorandum. A list of the
issues that parties raised, and to which
we responded in the Issues and
Decision Memorandum, is attached to
this notice at Appendix II.
Final Affirmative Determination, in
Part, of Critical Circumstances
In the Preliminary Determination, we
found that critical circumstances exist
for to 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.7 After analyzing comments
received from interested parties
regarding our preliminary critical
circumstances determinations, we
continue to find that, in accordance
with section 735(a)(3) of the Act and 19
CFR 351.206, critical circumstances
exist with respect to Nanjie, the Yongjie
Companies, GKO Aluminium, the
companies eligible for a separate rate,
and the China-wide entity.8
Use of Adverse Facts Available (AFA)
For the final determination we
continue to rely upon facts otherwise
available, with adverse inferences
(AFA), for the China-wide entity, the
Yongjie Companies, and GKO
Aluminium, pursuant to sections 776(a)
and (b) of the Act.
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties,
and minor corrections presented at
verification, we made certain changes to
Mingtai’s margin calculation since the
Preliminary Determination. For Mingtai,
we calculated U.S. price and normal
value using the same methodology
stated in the Preliminary Determination,
except as follows:
• We revised the surrogate value for
Mingtai’s argon factor of production
using data from Bulgaria instead of
South Africa.
• We revised the surrogate value for
Mingtai’s prompt aluminum scrap factor
of production.
• We revised Mingtai’s normal value
calculation by: (1) Disallowing a
claimed by-product offset; and (2)
treating run-around aluminum scrap as
a direct material input, not as a byproduct.
China-Wide Entity
For the final determination, we
continue to find that the China-wide
entity, which includes certain Chinese
exporters and/or producers that did not
respond to Commerce’s requests for
information, including mandatory
respondents GKO Aluminium and the
Yongjie Companies, failed to provide
necessary information, failed to provide
information in a timely manner, and
significantly impeded this proceeding
by not submitting the requested
information. We also continue to find
that the China-wide entity failed to
cooperate to the best of its ability. As a
result, we continue to rely on AFA in
determining the rate for the China-wide
entity and, as AFA, we select the
highest rate listed in the initiation of the
investigation (i.e., 59.72 percent), which
is greater than the revised weightedaverage dumping margin of Mingtai (i.e.,
49.85 percent).9
Combination Rates
Consistent with Preliminary
Determination 10 and Policy Bulletin
05.1,11 Commerce calculated
combination rates for the respondents
that are eligible for a separate rate in
this investigation.
Final Determination
The final weighted-average
antidumping margins are as follows:
9 See
Issues and Decision Memorandum, at 5–7.
Preliminary Determination, 83 FR at
29089–29090.
11 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 Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
10 See
Industrial Co., ltd. and Zhengzhou Mingtai Industry
Co., Ltd. in the Less-Than-Fair-Value Investigation
of Common Alloy Aluminum Sheet from the
People’s Republic of China,’’ dated August 28,
2018.
7 See Preliminary Determination, 83 FR at 29089.
8 See Issues and Decision Memorandum, at
Comment 2.
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Cash deposit
adjusted for
subsidy
offset
(percent)
Exporter
Producer
Henan Mingtai Al Industrial Co., Ltd./Zhengzhou
Mingtai Industry Co., Ltd.
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 ...........................
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
49.85
China-Wide Entity 12 ..............................................
.......................................................................................
59.72
59.72
Disclosure
We intend to disclose to parties in
this proceeding the calculations
performed for this final determination
within five days of the date of public
announcement of our final
determination, in accordance with 19
CFR 351.224(b).
Suspension of Liquidation
In accordance with section
735(c)(1)(B) of the Act, for this final
determination, we will direct U.S.
Customs and Border Protection (CBP) to
continue to suspend liquidation of all
entries of common alloy sheet from
China, as described in Appendix I of
this notice, which are entered, or
withdrawn from warehouse, for
consumption on or after June 6, 2018,
the date of publication in the Federal
Register of the affirmative Preliminary
Determination. 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
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Weightedaverage
margin
(percent)
12 The China-wide entity also includes the
following companies that filed separate rate
applications: Nanjie Resources Co., Limited, Yong
Jie New Material Co., Ltd., and Zhejiang Yongjie
Aluminum Co., Ltd., Zhejiang GKO Aluminium
Stock Co., Ltd.; Alnan Aluminium Inc.; Chalco
Ruimin Co., Ltd.; CHALCO–SWA Cold Rolling Co.,
Ltd.; Luoyang Wanji Aluminium Processing Co.,
Ltd.; and Wanji Global (Singapore) PTE. LTD.
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16:53 Nov 14, 2018
Jkt 247001
margin listed for that combination in the
table; (2) for all combinations of Chinese
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
third-county exporters of merchandise
under consideration not listed in the
table above, the cash deposit rate is the
cash deposit rate applicable to the
Chinese producer/exporter combination
(or the China-wide entity) that supplied
that third country exporter. These
suspension of liquidation instructions
will remain in effect until further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of common alloy sheet, no
later than 45 days after this final
determination. If the ITC determines
that such injury does not exist, this
proceeding will be terminated and all
cash deposits posted will be refunded.
If the ITC determines that such injury
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does exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Suspension of
Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
This notice will serve as a reminder
to the parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of propriety information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Return or Destruction of Proprietary
Information
In the event the ITC issues a final
negative injury determination, this
notice serves as the only reminder to
parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
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with the regulations and terms of an
APO is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
Dated: November 5, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
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Appendix I—Scope of the Investigation
The merchandise covered by 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
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
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Jkt 247001
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.
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. List of Issues
III. Background
IV. Period of Investigation
V. Scope of Investigation
VI. Scope Comments
VII. Changes from the Preliminary
Determination
VIII. Adjustment Under Section 777A(F) of
the Act
IX. Selection and Corroboration of the
Adverse Facts Available Rate
X. Discussion of the Issues
Comment 1: Application of Adverse Facts
Available (AFA)
Comment 2: Critical Circumstances
Determination
Comment 3: Surrogate Country
Comment 4: Surrogate Value for
Aluminum Scrap
Comment 5: Surrogate Value for Argon
Comment 6: Mingtai’s Aluminum Scrap
Comment 7: Separate Rate Status for Wanji
Global and Luoyang Wanji
Comment 8: Separate Rate Status for
Tianjin Zhongwang
V. Recommendation
[FR Doc. 2018–24869 Filed 11–14–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 10–4A001]
Export Trade Certificate of Review
Notice of issuance of an
amended Export Trade Certificate of
Review to Alaska Longline Cod
Commission (‘‘ALCC’’), Application No.
10–4A001.
ACTION:
The Secretary of Commerce,
through the Office of Trade and
Economic Analysis (‘‘OTEA’’), issued an
amended Export Trade Certificate of
Review to ALCC on November 7, 2018.
FOR FURTHER INFORMATION CONTACT:
Joseph Flynn, Director, OTEA,
International Trade Administration, by
telephone at (202) 482–5131 (this is not
a toll-free number) or email at etca@
trade.gov.
SUMMARY:
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Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) (‘‘the Act’’)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. An Export Trade Certificate of
Review protects the holder and the
members identified in the Certificate
from State and Federal government
antitrust actions and from private treble
damage antitrust actions for the export
conduct specified in the Certificate and
carried out in compliance with its terms
and conditions. The regulations
implementing Title III are found at 15
CFR part 325 (2018). OTEA is issuing
this notice pursuant to 15 CFR 325.6(b),
which requires the Secretary of
Commerce to publish a summary of the
certification in the Federal Register.
Under Section 305(a) of the Act and 15
CFR 325.11(a), any person aggrieved by
the Secretary’s determination may,
within 30 days of the date of this notice,
bring an action in any appropriate
district court of the United States to set
aside the determination on the ground
that the determination is erroneous.
SUPPLEMENTARY INFORMATION:
Description of Certified Conduct
ALCC’s Export Trade Certificate of
Review has been amended to:
1. Add the following companies as
new Members of the Certificate within
the meaning of section 325.2(l) of the
Regulations (15 CFR 325.2(l)):
a. Alaskan Leader Vessel LLC, Lynden,
WA
b. Bristol Leader Fisheries LLC, Lynden,
WA
c. Bering Leader Fisheries LLC, Lynden,
WA
d. Northern Leader Fisheries LLC,
Lynden, WA
e. Prowler Fisheries, LLC, Seattle, WA
2. Delete the following companies as
Members of the Certificate:
a. Pathfinder Fisheries LLC, Seattle, WA
b. Bering Select Seafoods Company,
Seattle, WA
c. Glacier Bay Fisheries LLC
3. Change/correct the name or
location of the following Members of the
Certificate:
a. Alaskan Leader Fisheries, Inc.,
Lynden, WA changes to Alaskan
Leader Fisheries LLC, Lynden, WA
b. Coastal Villages Longline, LLC
changes to Coastal Villages Longline
LLC, Anchorage, AK
c. Romanzoff Fishing Company, Seattle,
WA changes to Romanzof Fishing
Company, L.L.C., Seattle, WA
d. Tatoosh Seafoods LLC, Seattle, WA
changes to Tatoosh Seafoods, LLC,
Edmonds, WA
e. Beauty Bay Washington, LLC, Seattle,
WA changes to Beauty Bay
Washington, LLC, Edmonds, WA
E:\FR\FM\15NON1.SGM
15NON1
]]>Agencies
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Notices]
[Pages 57421-57424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24869]
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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 Final Determination of
Sales at Less-Than-Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that common
alloy aluminum sheet (common alloy 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) for the period of investigation (POI)
April 1, 2017, through September 30, 2017.
DATES: Applicable November 15, 2018.
FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Julie Geiger, 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) 482-4947 and (202) 482-2057,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2018, Commerce published in the Federal Register the
Preliminary Determination and invited interested parties to comment.\1\
On August 8, 2018, Commerce published in the Federal Register the
Amended Preliminary Determination.\2\ 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
that is dated concurrently with this determination and hereby adopted
by this notice.\3\
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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 Circumstance, and Postponement
of Final Determination, 83 FR 29088 (June 22, 2018) (Preliminary
Determination) and accompanying Preliminary Decision Memorandum.
\2\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Amended Preliminary Affirmative Determination of Sales at
Less Than Fair Value, 83 FR 39056 (August 8, 2018) (Amended
Preliminary Determination).
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Investigation of Common Alloy
Aluminum Sheet from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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[[Page 57422]]
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
is available to all parties in the Central Records Unit, Room B8024 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 Issues and Decision
Memorandum and the electronic version are identical in content.
Scope Comments
We invited parties to comment on Commerce's Scope Comments
Preliminary Decision Memorandum.\4\ Commerce has reviewed the briefs
submitted by interested parties, considered the arguments therein, and
has made no changes to the scope of the investigation. For further
discussion, see Commerce's Scope Comments Final Decision Memorandum.\5\
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\4\ See Memorandum, ``Common Alloy Aluminum Sheet from the
People's Republic of China: Scope Comments Preliminary Decision
Memorandum,'' dated June 15, 2018.
\5\ See Memorandum, ``Common Alloy Aluminum Sheet from the
People's Republic of China: Scope Comments Final Decision
Memorandum,'' dated concurrently with this memorandum.
---------------------------------------------------------------------------
Methodology
Commerce conducted this investigation in accordance with section
731 of the Tariff Act of 1930, as amended (the Act). For a full
description of the methodology underlying our final determination, see
the Issues and Decision Memorandum.
Scope of the Investigation
The merchandise covered by this investigation is common alloy sheet
from China. For a complete description of the scope of this
investigation, see Appendix I.
Verification
As provided in section 782(i) of the Act, in July, we conducted
verification of the questionnaire responses submitted by Henan Mingtai
Industrial Co., Ltd. and Zhengzhou Mingtai (collectively, Mingtai). We
issued verification reports on August 28, 2018.\6\ We used standard
verification procedures, including an examination of relevant
accounting and financial records, and original source documents
provided by Mingtai.
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\6\ See Commerce Memoranda, ``Verification of the Questionnaire
Responses of Henan Mingtai Al Industrial Co., ltd. and Zhengzhou
Mingtai Industry Co., Ltd. in the Less-Than-Fair-Value Investigation
of Common Alloy Aluminum Sheet from the People's Republic of
China,'' dated August 28, 2018.
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Period of Investigation
The POI is April 1, 2017, through September 30, 2017.
Analysis of Comments Received
The issues raised in the case and rebuttal briefs that were
submitted by parties are discussed in the Issues and Decision
Memorandum. A list of the issues that parties raised, and to which we
responded in the Issues and Decision Memorandum, is attached to this
notice at Appendix II.
Final Affirmative Determination, in Part, of Critical Circumstances
In the Preliminary Determination, we found that critical
circumstances exist for to 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.\7\
After analyzing comments received from interested parties regarding our
preliminary critical circumstances determinations, we continue to find
that, in accordance with section 735(a)(3) of the Act and 19 CFR
351.206, critical circumstances exist with respect to Nanjie, the
Yongjie Companies, GKO Aluminium, the companies eligible for a separate
rate, and the China-wide entity.\8\
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\7\ See Preliminary Determination, 83 FR at 29089.
\8\ See Issues and Decision Memorandum, at Comment 2.
---------------------------------------------------------------------------
Use of Adverse Facts Available (AFA)
For the final determination we continue to rely upon facts
otherwise available, with adverse inferences (AFA), for the China-wide
entity, the Yongjie Companies, and GKO Aluminium, pursuant to sections
776(a) and (b) of the Act.
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
parties, and minor corrections presented at verification, we made
certain changes to Mingtai's margin calculation since the Preliminary
Determination. For Mingtai, we calculated U.S. price and normal value
using the same methodology stated in the Preliminary Determination,
except as follows:
We revised the surrogate value for Mingtai's argon factor
of production using data from Bulgaria instead of South Africa.
We revised the surrogate value for Mingtai's prompt
aluminum scrap factor of production.
We revised Mingtai's normal value calculation by: (1)
Disallowing a claimed by-product offset; and (2) treating run-around
aluminum scrap as a direct material input, not as a by-product.
China-Wide Entity
For the final determination, we continue to find that the China-
wide entity, which includes certain Chinese exporters and/or producers
that did not respond to Commerce's requests for information, including
mandatory respondents GKO Aluminium and the Yongjie Companies, failed
to provide necessary information, failed to provide information in a
timely manner, and significantly impeded this proceeding by not
submitting the requested information. We also continue to find that the
China-wide entity failed to cooperate to the best of its ability. As a
result, we continue to rely on AFA in determining the rate for the
China-wide entity and, as AFA, we select the highest rate listed in the
initiation of the investigation (i.e., 59.72 percent), which is greater
than the revised weighted-average dumping margin of Mingtai (i.e.,
49.85 percent).\9\
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\9\ See Issues and Decision Memorandum, at 5-7.
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Combination Rates
Consistent with Preliminary Determination \10\ and Policy Bulletin
05.1,\11\ Commerce calculated combination rates for the respondents
that are eligible for a separate rate in this investigation.
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\10\ See Preliminary Determination, 83 FR at 29089-29090.
\11\ 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
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination
The final weighted-average antidumping margins are as follows:
[[Page 57423]]
----------------------------------------------------------------------------------------------------------------
Cash deposit
Weighted- adjusted for
Exporter Producer average margin subsidy offset
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Henan Mingtai Al Industrial Co., Ltd./ Henan Mingtai Al Industrial Co., 49.85 49.85
Zhengzhou Mingtai Industry Co., Ltd. Ltd./Zhengzhou Mingtai Industry
Co., Ltd.
Alcha International Holdings Limited.......... Jiangsu Alcha Aluminium Co., Ltd 49.85 49.85
Alumax Composite Material (Jiangyin) Co., Ltd. Chalco Ruimin Co., Ltd.......... 49.85 49.85
Granges Aluminum (Shanghai) Co., Ltd.......... Granges Aluminum (Shanghai) Co., 49.85 49.85
Ltd.
Henan Founder Beyond Industry Co., Ltd........ Henan Xintai Aluminum Industry 49.85 49.85
Co., Ltd.
Huafon Nikkei Aluminium Corporation........... Huafon Nikkei Aluminium 49.85 49.85
Corporation.
Jiangsu Lidao New Material Co., Ltd........... Henan Jinyang Luyue Co., Ltd.... 49.85 49.85
Jiangsu Lidao New Material Co., Ltd........... Jiangsu Zhong He Aluminum Co., 49.85 49.85
Ltd.
Jiangyin Litai Ornamental Materials Co., Ltd.. Jiangyin Litai Ornamental 49.85 49.85
Materials Co., Ltd.
Jiangyin New Alumax Composite Material Co. Ltd Chalco Ruimin Co., Ltd.......... 49.85 49.85
Shandong Fuhai Industrial Co., Ltd............ Shandong Fuhai Industrial Co., 49.85 49.85
Ltd.
Tianjin Zhongwang Aluminium Co., Ltd.......... Tianjin Zhongwang Aluminium Co., 49.85 49.85
Ltd.
Xiamen Xiashun Aluminum Foil Co., Ltd......... Xiamen Xiashun Aluminum Foil 49.85 49.85
Co., Ltd.
Yantai Jintai International Trade Co., Ltd.... Shandong Nanshan Aluminium Co., 49.85 49.85
Ltd.
Yinbang Clad Material Co., Ltd................ Yinbang Clad Material Co., Ltd.. 49.85 49.85
Zhengzhou Silverstone Limited................. Henan Zhongyuan Aluminum Co., 49.85 49.85
Ltd.
Zhengzhou Silverstone Limited................. Luoyang Xinlong Aluminum Co., 49.85 49.85
Ltd.
Zhengzhou Silverstone Limited................. Shanghai Dongshuo Metal Trade 49.85 49.85
Co., Ltd.
Zhengzhou Silverstone Limited................. Zhengzhou Mingtai Industry Co., 49.85 49.85
Ltd.
-------------------------------
China-Wide Entity \12\.................... ................................ 59.72 59.72
----------------------------------------------------------------------------------------------------------------
Disclosure
We intend to disclose to parties in this proceeding the
calculations performed for this final determination within five days of
the date of public announcement of our final determination, in
accordance with 19 CFR 351.224(b).
---------------------------------------------------------------------------
\12\ The China-wide entity also includes the following companies
that filed separate rate applications: Nanjie Resources Co.,
Limited, Yong Jie New Material Co., Ltd., and Zhejiang Yongjie
Aluminum Co., Ltd., Zhejiang GKO Aluminium Stock Co., Ltd.; Alnan
Aluminium Inc.; Chalco Ruimin Co., Ltd.; CHALCO-SWA Cold Rolling
Co., Ltd.; Luoyang Wanji Aluminium Processing Co., Ltd.; and Wanji
Global (Singapore) PTE. LTD.
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Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, for this final
determination, we will direct U.S. Customs and Border Protection (CBP)
to continue to suspend liquidation of all entries of common alloy sheet
from China, as described in Appendix I of this notice, which are
entered, or withdrawn from warehouse, for consumption on or after June
6, 2018, the date of publication in the Federal Register of the
affirmative Preliminary Determination. 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 Chinese 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-county exporters of merchandise under
consideration not listed in the table above, the cash deposit rate is
the cash deposit rate applicable to the Chinese producer/exporter
combination (or the China-wide entity) that supplied that third country
exporter. These suspension of liquidation instructions will remain in
effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of common alloy sheet, no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated and all cash
deposits posted will be refunded. If the ITC determines that such
injury does exist, Commerce will issue an antidumping duty order
directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation, as discussed above in the
``Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as a reminder to the parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of propriety information disclosed under APO
in accordance with 19 CFR 351.305(a)(3). Timely written notification of
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation.
Return or Destruction of Proprietary Information
In the event the ITC issues a final negative injury determination,
this notice serves as the only reminder to parties subject to an APO of
their responsibility concerning the destruction of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return or destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply
[[Page 57424]]
with the regulations and terms of an APO is a violation subject to
sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: November 5, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by 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 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.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. List of Issues
III. Background
IV. Period of Investigation
V. Scope of Investigation
VI. Scope Comments
VII. Changes from the Preliminary Determination
VIII. Adjustment Under Section 777A(F) of the Act
IX. Selection and Corroboration of the Adverse Facts Available Rate
X. Discussion of the Issues
Comment 1: Application of Adverse Facts Available (AFA)
Comment 2: Critical Circumstances Determination
Comment 3: Surrogate Country
Comment 4: Surrogate Value for Aluminum Scrap
Comment 5: Surrogate Value for Argon
Comment 6: Mingtai's Aluminum Scrap
Comment 7: Separate Rate Status for Wanji Global and Luoyang
Wanji
Comment 8: Separate Rate Status for Tianjin Zhongwang
V. Recommendation
[FR Doc. 2018-24869 Filed 11-14-18; 8:45 am]
BILLING CODE 3510-DS-P
