Common Alloy Aluminum Sheet From the People's Republic of China: Countervailing Duty Order, 2157-2159 [2019-01273]
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Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Notices
materials/components are subject to
special duties under Section 301 of the
Trade Act of 1974 (Section 301),
depending on the country of origin. The
applicable Section 301 decisions require
subject merchandise to be admitted to
FTZs in privileged foreign status (19
CFR 146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is March
18, 2019.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
www.trade.gov/ftz.
For further information, contact Diane
Finver at Diane.Finver@trade.gov or
(202) 482–1367.
Dated: January 31, 2019.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2019–01278 Filed 2–5–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–508–813]
Magnesium From Israel:
Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable February 6, 2019.
FOR FURTHER INFORMATION CONTACT:
Lana Nigro or Ethan Talbott, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
(202) 482–1779 or (202) 482–1030,
respectively.
SUPPLEMENTARY INFORMATION:
amozie on DSK3GDR082PROD with NOTICES1
AGENCY:
Background
On November 13, 2018, the
Department of Commerce (Commerce)
initiated a countervailing duty (CVD)
investigation of imports of magnesium
from Israel.1 The preliminary
1 See Magnesium from Israel: Initiation of
Countervailing Duty Investigation, 83 FR 58529
(November 20, 2018).
VerDate Sep<11>2014
18:09 Feb 05, 2019
Jkt 247001
determination was due no later than
January 17, 2019. Commerce exercised
its discretion to toll all deadlines
affected by the partial federal
government closure from December 22,
2018, through the resumption of
operations on January 29, 2019.2 As a
result, the deadline for the preliminary
determination was revised to February
26, 2019.
Postponement of Preliminary
Determination
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires the
Department to issue the preliminary
determination in a countervailing duty
investigation within 65 days after the
date on which Commerce initiated the
investigation. However, section
703(c)(1) of the Act permits Commerce
to postpone the preliminary
determination until no later than 130
days after the date on which Commerce
initiated the investigation if: (A) The
petitioner 3 makes a timely request for a
postponement; or (B) Commerce
concludes that the parties concerned are
cooperating, that the investigation is
extraordinarily complicated, and that
additional time is necessary to make a
preliminary determination. Under 19
CFR 351.205(e), the petitioner must
submit a request for postponement 25
days or more before the scheduled date
of the preliminary determination and
must state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On December 18, 2018, the petitioner
submitted a timely request that
Commerce postpone the preliminary
CVD determination.4 The petitioner
stated that it requests postponement so
that all parties have sufficient time to
develop the record in this
investigation.5 In accordance with 19
CFR 351.205(e), the petitioner has stated
the reasons for requesting a
postponement of the preliminary
determination, and Commerce finds no
compelling reason to deny the request.
Therefore, in accordance with section
703(c)(1)(A) of the Act, Commerce is
2 See memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
3 The petitioner is US Magnesium LLC.
4 See the petitioner’s Letter titled, ‘‘Magnesium
from Israel/Petitioner’s Request for Postponement of
CVD Preliminary Determination,’’ dated December,
18, 2018.
5 Id.
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2157
fully extending the deadline for the
preliminary determination. Because, as
noted above, Commerce tolled the
original deadline for the preliminary
determination to account for the partial
federal government shutdown, the
extension is effectively 65 days from the
revised deadline for the preliminary
determination of February 26, 2019. As
a result, the preliminary determination
will be due not later than May 2, 2019.6
Pursuant to section 705(a)(1) of the Act
and 19 CFR 351.210(b)(1), the deadline
for the final determination of this
investigation will continue to be 75 days
after the date of the preliminary
determination.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: January 31, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2019–01266 Filed 2–5–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–074]
Common Alloy Aluminum Sheet From
the People’s Republic of China:
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing a countervailing
duty order on common alloy aluminum
sheet (common alloy sheet) from the
People’s Republic of China (China).
DATES: Applicable February 6, 2019.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas, 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) 482–3813.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 15, 2018, Commerce
published its final determination in the
countervailing duty investigation of
6 This postponement includes the 40-day
extension granted as a result of the partial federal
government shutdown.
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06FEN1
2158
Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Notices
common alloy sheet from China.1 On
January 30, 2019, the ITC notified
Commerce of its final determination,
pursuant to section 705(d) of the Tariff
Act of 1930, as amended (the Act), that
an industry in the United States is
materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act, by
reason of subsidized imports of common
alloy sheet from China.2 Further, the
ITC determined that critical
circumstances do not exist with respect
to imports of common alloy sheet from
China.
Scope of the Order
The product covered by this order is
common alloy sheet from China. For a
complete description of the scope of this
order, see the Appendix to this notice.
Countervailing Duty Order
On January 30, 2019, in accordance
with section 705(d) of the Act, the ITC
notified Commerce of its final
determination in this investigation, in
which it found that imports of common
alloy sheet are materially injuring a U.S.
industry.3 Therefore, in accordance with
section 705(c)(2) of the Act, we are
publishing this countervailing duty
order.
As a result of the ITC’s final
determination, in accordance with
section 706(a) of the Act, Commerce
will direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce,
countervailing duties on unliquidated
entries of subject merchandise from
China entered, or withdrawn from
warehouse, for consumption on or after
April 23, 2018, the date on which
Commerce published its preliminary
countervailing duty determination in
the Federal Register,4 and before
August 20, 2018, the effective date on
which Commerce instructed CBP to
discontinue the suspension of
liquidation in accordance with section
703(d) of the Act. Section 703(d) of the
amozie on DSK3GDR082PROD with NOTICES1
1 See
Countervailing Duty Investigation of
Common Alloy Aluminum Sheet from the People’s
Republic of China: Final Affirmative Determination,
83 FR 57427 (November 15, 2018) (Final
Determination).
2 See ITC Notification Letter to the Deputy
Assistant Secretary for Enforcement and
Compliance, referencing ITC Investigation Nos.
701–TA–591 and 731–TA–1399, dated January 30,
2019 (ITC Notification).
3 See ITC Notification; see also Common Alloy
Aluminum Sheet from China (Inv. Nos. 701–TA–
591 and 731–TA–1399 (Final), USITC Publication
4861, December 2018).
4 See Common Alloy Sheet from the People’s
Republic of China: Preliminary Affirmative
Countervailing Duty (CVD) Determination,
Alignment of Final CVD Determination with Final
Antidumping Duty Determination, and Preliminary
CVD Determination of Critical Circumstances, 83
FR 17651 (April 23, 2018).
VerDate Sep<11>2014
18:09 Feb 05, 2019
Jkt 247001
Act states that the suspension of
liquidation pursuant to a preliminary
determination may not remain in effect
for more than four months. Therefore,
entries of subject merchandise from
China made on or after August 20, 2018,
and prior to the date of publication of
the ITC’s final determination in the
Federal Register are not liable for the
assessment of countervailing duties due
to Commerce’s discontinuation of the
suspension of liquidation.
Suspension of Liquidation
In accordance with section 706 of the
Act, Commerce will direct CBP to
reinstitute the suspension of liquidation
of subject merchandise from China,
effective the date of publication of the
ITC’s notice of final determination in
the Federal Register, and to assess,
upon further instruction by Commerce
pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of
the subject merchandise in an amount
based on the net countervailable
subsidy rates for the subject
merchandise. On or after the date of
publication of the ITC’s final injury
determination in the Federal Register,
we will instruct CBP to require, at the
same time as importers would normally
deposit estimated duties on this
merchandise, cash deposits for each
entry of subject merchandise equal to
the rates noted below. These
instructions suspending liquidation will
remain in effect until further notice. The
all-others rate applies to all producers or
exporters not specifically listed, as
appropriate.
Subsidy rate
(percent)
Company
Chalco Ruimin Co., Ltd ........
Chalco-SWA Cold Rolling
Co., Ltd .............................
Henan Mingtai Industrial Co.,
Ltd./Zhengzhou Mingtai Industry Co., Ltd 5 ................
Yong Jie New Material Co.,
Ltd 6 ...................................
All-Others ..............................
116.49
116.49
46.48
55.02
50.75
Critical Circumstances
With regard to the ITC’s negative
critical circumstances determination on
imports of common alloy sheet from
China, we will instruct CBP to lift
suspension and to refund any cash
5 Commerce has found Henan Gongdian Thermal
Co., Ltd. to be cross-owned with Henan Mingtai
Industrial Co., Ltd. and Zhengzhou Mingtai
Industry Co., Ltd.
6 Commerce has found the following companies
to be cross-owned with Yong Jie New Material:
Zhejiang Yongjie Aluminum Co., Ltd.; Zhejiang
Nanjie Industry Co., Ltd; Zhejiang Yongjie Holding
Co., Ltd; and Nanjie Resources Co., Ltd.
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
deposits made to secure the payment of
estimated countervailing duties with
respect to entries of subject merchandise
ordered, or withdrawn from warehouse,
for consumption on or after January 23,
2018 (i.e., 90 days prior to the date of
publication of the Preliminary
Determination) but before April 23,
2018 (i.e., the date of publication of the
Preliminary Determination).
Notifications to Interested Parties
This notice constitutes the
countervailing duty order with respect
to common alloy sheet from China
pursuant to section 706(a) of the Act.
Interested parties can find a list of
countervailing duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastatsl.html.
This order is issued and published in
accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Dated: January 31, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order 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-tolength, regardless of width. Common alloy
sheet within the scope of the order 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 order if performed in the country of
manufacture of the common alloy sheet.
Excluded from the scope of the order 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
E:\FR\FM\06FEN1.SGM
06FEN1
Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Notices
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 the
order 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 the order is
dispositive.
[FR Doc. 2019–01273 Filed 2–5–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has received requests to
conduct administrative reviews of
various antidumping and countervailing
duty orders and findings with
November anniversary dates. In
accordance with Commerce’s
regulations, we are initiating those
administrative reviews.
DATES: Applicable February 6, 2019.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–4735.
SUPPLEMENTARY INFORMATION:
AGENCY:
amozie on DSK3GDR082PROD with NOTICES1
Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
duty orders and findings with
November anniversary dates.
All deadlines for the submission of
various types of information,
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18:09 Feb 05, 2019
Jkt 247001
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (POR), it must notify Commerce
within 30 days of publication of this
notice in the Federal Register. All
submissions must be filed electronically
at https://access.trade.gov in accordance
with 19 CFR 351.303.1 Such
submissions are subject to verification
in accordance with section 782(i) of the
Tariff Act of 1930, as amended (the Act).
Further, in accordance with 19 CFR
351.303(f)(1)(i), a copy must be served
on every party on Commerce’s service
list.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
period of review. We intend to place the
CBP data on the record within five days
of publication of the initiation notice
and to make our decision regarding
respondent selection within 30 days of
publication of the initiation Federal
Register notice. Comments regarding the
CBP data and respondent selection
should be submitted seven days after
the placement of the CBP data on the
record of this review. Parties wishing to
submit rebuttal comments should
submit those comments five days after
the deadline for the initial comments.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, Commerce has found that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (e.g., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, Commerce will
not conduct collapsing analyses at the
respondent selection phase of this
review and will not collapse companies
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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Fmt 4703
Sfmt 4703
2159
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this antidumping
proceeding (e.g., investigation,
administrative review, new shipper
review or changed circumstances
review). For any company subject to this
review, if Commerce determined, or
continued to treat, that company as
collapsed with others, Commerce will
assume that such companies continue to
operate in the same manner and will
collapse them for respondent selection
purposes. Otherwise, Commerce will
not collapse companies for purposes of
respondent selection. Parties are
requested to (a) identify which
companies subject to review previously
were collapsed, and (b) provide a
citation to the proceeding in which they
were collapsed. Further, if companies
are requested to complete the Quantity
and Value (Q&V) Questionnaire for
purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of this proceeding
where Commerce considered collapsing
that entity, complete Q&V data for that
collapsed entity must be submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that has requested a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that Commerce may
extend this time if it is reasonable to do
so. Determinations by Commerce to
extend the 90-day deadline will be
made on a case-by-case basis.
Deadline for Particular Market
Situation Allegation
Section 504 of the Trade Preferences
Extension Act of 2015 amended the Act
by adding the concept of particular
market situation (PMS) for purposes of
constructed value under section 773(e)
of the Act.2 Section 773(e) of the Act
states that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
2 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
E:\FR\FM\06FEN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Notices]
[Pages 2157-2159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01273]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-074]
Common Alloy Aluminum Sheet From the People's Republic of China:
Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing a countervailing duty order on common alloy
aluminum sheet (common alloy sheet) from the People's Republic of China
(China).
DATES: Applicable February 6, 2019.
FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, 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) 482-3813.
SUPPLEMENTARY INFORMATION:
Background
On November 15, 2018, Commerce published its final determination in
the countervailing duty investigation of
[[Page 2158]]
common alloy sheet from China.\1\ On January 30, 2019, the ITC notified
Commerce of its final determination, pursuant to section 705(d) of the
Tariff Act of 1930, as amended (the Act), that an industry in the
United States is materially injured within the meaning of section
705(b)(1)(A)(i) of the Act, by reason of subsidized imports of common
alloy sheet from China.\2\ Further, the ITC determined that critical
circumstances do not exist with respect to imports of common alloy
sheet from China.
---------------------------------------------------------------------------
\1\ See Countervailing Duty Investigation of Common Alloy
Aluminum Sheet from the People's Republic of China: Final
Affirmative Determination, 83 FR 57427 (November 15, 2018) (Final
Determination).
\2\ See ITC Notification Letter to the Deputy Assistant
Secretary for Enforcement and Compliance, referencing ITC
Investigation Nos. 701-TA-591 and 731-TA-1399, dated January 30,
2019 (ITC Notification).
---------------------------------------------------------------------------
Scope of the Order
The product covered by this order is common alloy sheet from China.
For a complete description of the scope of this order, see the Appendix
to this notice.
Countervailing Duty Order
On January 30, 2019, in accordance with section 705(d) of the Act,
the ITC notified Commerce of its final determination in this
investigation, in which it found that imports of common alloy sheet are
materially injuring a U.S. industry.\3\ Therefore, in accordance with
section 705(c)(2) of the Act, we are publishing this countervailing
duty order.
---------------------------------------------------------------------------
\3\ See ITC Notification; see also Common Alloy Aluminum Sheet
from China (Inv. Nos. 701-TA-591 and 731-TA-1399 (Final), USITC
Publication 4861, December 2018).
---------------------------------------------------------------------------
As a result of the ITC's final determination, in accordance with
section 706(a) of the Act, Commerce will direct U.S. Customs and Border
Protection (CBP) to assess, upon further instruction by Commerce,
countervailing duties on unliquidated entries of subject merchandise
from China entered, or withdrawn from warehouse, for consumption on or
after April 23, 2018, the date on which Commerce published its
preliminary countervailing duty determination in the Federal
Register,\4\ and before August 20, 2018, the effective date on which
Commerce instructed CBP to discontinue the suspension of liquidation in
accordance with section 703(d) of the Act. Section 703(d) of the Act
states that the suspension of liquidation pursuant to a preliminary
determination may not remain in effect for more than four months.
Therefore, entries of subject merchandise from China made on or after
August 20, 2018, and prior to the date of publication of the ITC's
final determination in the Federal Register are not liable for the
assessment of countervailing duties due to Commerce's discontinuation
of the suspension of liquidation.
---------------------------------------------------------------------------
\4\ See Common Alloy Sheet from the People's Republic of China:
Preliminary Affirmative Countervailing Duty (CVD) Determination,
Alignment of Final CVD Determination with Final Antidumping Duty
Determination, and Preliminary CVD Determination of Critical
Circumstances, 83 FR 17651 (April 23, 2018).
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 706 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of subject merchandise
from China, effective the date of publication of the ITC's notice of
final determination in the Federal Register, and to assess, upon
further instruction by Commerce pursuant to section 706(a)(1) of the
Act, countervailing duties for each entry of the subject merchandise in
an amount based on the net countervailable subsidy rates for the
subject merchandise. On or after the date of publication of the ITC's
final injury determination in the Federal Register, we will instruct
CBP to require, at the same time as importers would normally deposit
estimated duties on this merchandise, cash deposits for each entry of
subject merchandise equal to the rates noted below. These instructions
suspending liquidation will remain in effect until further notice. The
all-others rate applies to all producers or exporters not specifically
listed, as appropriate.
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Chalco Ruimin Co., Ltd.................................. 116.49
Chalco-SWA Cold Rolling Co., Ltd........................ 116.49
Henan Mingtai Industrial Co., Ltd./Zhengzhou Mingtai 46.48
Industry Co., Ltd \5\..................................
Yong Jie New Material Co., Ltd \6\...................... 55.02
All-Others.............................................. 50.75
------------------------------------------------------------------------
Critical Circumstances
---------------------------------------------------------------------------
\5\ Commerce has found Henan Gongdian Thermal Co., Ltd. to be
cross-owned with Henan Mingtai Industrial Co., Ltd. and Zhengzhou
Mingtai Industry Co., Ltd.
\6\ Commerce has found the following companies to be cross-owned
with Yong Jie New Material: Zhejiang Yongjie Aluminum Co., Ltd.;
Zhejiang Nanjie Industry Co., Ltd; Zhejiang Yongjie Holding Co.,
Ltd; and Nanjie Resources Co., Ltd.
---------------------------------------------------------------------------
With regard to the ITC's negative critical circumstances
determination on imports of common alloy sheet from China, we will
instruct CBP to lift suspension and to refund any cash deposits made to
secure the payment of estimated countervailing duties with respect to
entries of subject merchandise ordered, or withdrawn from warehouse,
for consumption on or after January 23, 2018 (i.e., 90 days prior to
the date of publication of the Preliminary Determination) but before
April 23, 2018 (i.e., the date of publication of the Preliminary
Determination).
Notifications to Interested Parties
This notice constitutes the countervailing duty order with respect
to common alloy sheet from China pursuant to section 706(a) of the Act.
Interested parties can find a list of countervailing duty orders
currently in effect at https://enforcement.trade.gov/stats/iastatsl.html.
This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: January 31, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order is aluminum common alloy
sheet (common alloy sheet), which is a flat-rolled aluminum product
having a thickness of 6.3 mm or less, but greater than 0.2 mm, in
coils or cut-to-length, regardless of width. Common alloy sheet
within the scope of the order 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 order if performed in the country
of manufacture of the common alloy sheet.
Excluded from the scope of the order 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
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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 the order 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 the order is dispositive.
[FR Doc. 2019-01273 Filed 2-5-19; 8:45 am]
BILLING CODE 3510-DS-P
