Certain Aluminum Foil and Common Alloy Aluminum Sheet From the People's Republic of China: Notice of Initiation and Preliminary Determination of Antidumping Duty and Countervailing Duty Changed Circumstances Reviews, 48909-48911 [2019-20082]
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Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 2019 / Notices
this review, we intend to calculate an
importer-specific assessment rate on the
basis of the ratio of the total amount of
antidumping duties calculated for the
importer’s examined sales and the total
entered value of the sales in accordance
with 19 CFR 351.212(b)(1).19 If the
respondent’s weighted-average dumping
margin is zero or de minimis in the final
results, we will instruct CBP to liquidate
the appropriate entries without regard to
antidumping duties.20 The final results
of this administrative review shall be
the basis for the assessment of
antidumping duties on entries of
merchandise under review and for
future deposits of estimated duties,
where applicable.
In the case of no change in the
methodology used in the final results
from these preliminary results, for
entries of subject merchandise during
the POR produced by Conduit, Mueller,
or RYMCO for which that producer did
not know its merchandise was destined
for the United States, we will instruct
CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for
the intermediate company(ies) involved
in the transaction.
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
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Cash Deposit Requirements
The following deposit requirements
for estimated antidumping duties will
be effective upon publication of the
notice of final results of this review for
all shipments of certain circular welded
non-alloy steel pipe from Mexico
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication as provided by section
751(a)(2) of the Act: (1) The cash deposit
rate for Conduit, Mueller, and RYMCO,
subject to this review, will be the rate
established in the final results of the
review; (2) for merchandise exported by
producers or exporters not covered in
this review but covered in a prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original investigation but
the producer is, the cash deposit rate
will be the rate established for the most
recent period for the producer of the
19 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
20 Id., 77 FR at 8102.
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17:05 Sep 16, 2019
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merchandise; (4) the cash deposit rate
for all other producers or exporters will
continue to be 36.62 percent,21 the allothers rate established in the less-thanfair-value investigation. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition 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
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i) of the Act
and 19 CFR 351.221(b)(4).
Dated: September 11, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Analysis
V. Conclusion
Appendix II
Companies for Which This Administrative
Review Is Being Rescinded
1. Abastecedora y Perfiles y Tubos, S.A. de
C.V.
2. ArcelorMittal Tubular Products Monterrey,
S.A. de C.V.
3. Arceros El Aguila y
4. Arco Metal, S.A. de C.V.
5. Burner Systems International De Mexico,
21 See
PO 00000
Order.
Frm 00005
Fmt 4703
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48909
S.A. de C.V.
6. fischer Mexicana Stainless Steel Tubing
S.A. de C.V.
7. fischer Tubtech S.A. de C.V.
8. Fabricaciones Industriales Tumex, S.A. de
C. V.
9. Forza Steel, S.A. de C.V.
10. Galvak, S.A. de C.V.
11. Impulsora Tlaxcalteca de Industrias, S.A.
de C.V.
12. Industrias Monterrey S.A. de C.V.
13. La Metalica, S.A. de C.V
14. Lamina y Placa Comercial, S.A. de C.V.
15. Mach 1 Aero Servicios, S. de R.L. de C.V.
16. Mach 1 Global Services, Inc.
17. Maquilacero, S.A. de C.V.
18. Nacional de Acero, S.A. de C.V.
19. Nova Tube and Coil de Mexico, S. de R.L.
de C.V.
20. Perfiles y Herrajes LM, S.A. de C.V.
21. Precitubo S.A. de C.V.
22. Productos Especializados de Acero, S.A.
de C.V.
23. Productos Laminados de Monterrey, S.A.
de C.V.
24. PYTCO, S.A. de C.V.
25. Regiomontana de Perfiles y Tubos, S.A.
de C.V.
26. Servicios Swecomex, S.A. de C.V.
27. Talleres Acerorey, S.A. de C.V.
28. Ternium Mexico, S.A. de C.V.
29. Tubac, S.A. de C.V.
30. Tubacero S. de R.L. de C.V.
31. Tuberia Laguna, S.A. de C.V.
32. Tuberias Procarsa, S.A. de C.V.
33. Tubesa, S.A. de C.V.
34. Tubos Omega
[FR Doc. 2019–20085 Filed 9–16–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–053, A–570–073, C–570–054, C–570–
074]
Certain Aluminum Foil and Common
Alloy Aluminum Sheet From the
People’s Republic of China: Notice of
Initiation and Preliminary
Determination of Antidumping Duty
and Countervailing Duty Changed
Circumstances Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is initiating changed
circumstances reviews (CCRs) and
preliminarily determines that Shanghai
Huafon Aluminium Corporation
(Shanghai Huafon) is the successor-ininterest to Huafon Nikkei Aluminium
Corporation (Huafon Nikkei) and,
accordingly, that Shanghai Huafon
should be assigned the cash deposit
rates established for Huafon Nikkei for
purposes of the antidumping duty (AD)
and countervailing duty (CVD) orders
on certain aluminum foil (aluminum
foil) and common alloy aluminum sheet
AGENCY:
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48910
Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 2019 / Notices
(aluminum sheet) from the People’s
Republic of China (China).
DATES: Applicable September 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Joshua A. DeMoss, 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) 482–3362.
SUPPLEMENTARY INFORMATION:
jbell on DSK3GLQ082PROD with NOTICES
Background
On April 19, 2018, Commerce
published in the Federal Register the
AD and CVD orders on aluminum foil
from China, which included Huafon
Nikkei.1 Pursuant to the Aluminum Foil
Orders, Commerce assigned Huafon
Nikkei an AD cash deposit rate, adjusted
for subsidy offset, of 73.66 percent,
based on the non-selected respondent
rate,2 and the all-others subsidy rate of
18.62 percent.3
Commerce published in the Federal
Register the AD and CVD orders on
aluminum sheet from China on
February 8, 2019 and February 6, 2019,
respectively.4 Pursuant to the
Aluminum Sheet Orders, Commerce
assigned Huafon Nikkei an AD cash
deposit rate, adjusted for a subsidy
offset, of 49.85 percent, based on the
non-selected respondent rate,5 and the
all-others subsidy rate of 50.75 percent.6
On June 12, 2019, Shanghai Huafon
informed Commerce that, as of
September 25, 2018, Huafon Nikkei
changed its name to ‘‘Shanghai Huafon
Aluminium Corporation.’’ 7 Shanghai
Huafon stated the change was in name
only; all other former business
operations remain unchanged.8
1 See Certain Aluminum Foil from the People’s
Republic of China: Amended Final Determination
of Sales at Less Than Fair Value and Antidumping
Duty Order, 83 FR 17362 (April 19, 2018)
(Aluminum Foil AD Order); see also Certain
Aluminum Foil from the People’s Republic of
China: Amended Final Affirmative Countervailing
Duty Determination and Countervailing Duty Order,
83 FR 17360 (April 19, 2018) (Aluminum Foil CVD
Order) (collectively, Aluminum Foil Orders).
2 See Aluminum Foil AD Order, 83 FR at 17363.
3 See Aluminum Foil CVD Order, 83 FR at 17361.
4 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Antidumping Duty
Order, 84 FR 2813 (February 8, 2019) (Aluminum
Sheet AD Order); see also Common Alloy
Aluminum Sheet from the People’s Republic of
China: Countervailing Duty Order, 84 FR 2157
(February 6, 2019) (Aluminum Sheet CVD Order)
(collectively, Aluminum Sheet Orders).
5 See Aluminum Sheet AD Order, 84 FR at 2814.
6 See Aluminum Sheet CVD Order, 84 FR at 2158.
7 See Shanghai Huafon’s Letter, ‘‘Aluminum Foil
from the People’s Republic of China: Request for
Changed Circumstances Review,’’ dated June 12,
2019; see also Shanghai Huafon’s Letter, ‘‘Common
Alloy Aluminum Sheet from the People’s Republic
of China: Request for Changed Circumstances
Review,’’ dated June 12, 2019.
8 See CCRs Requests at 2–3.
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Shanghai Huafon requested that
Commerce conduct CCRs and find that
Shanghai Huafon is the successor-ininterest to Huafon Nikkei, and that it be
subject to Huafon Nikkei’s AD margins
and CVD subsidy rates for aluminum
foil and aluminum sheet, pursuant to
section 751(b) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.216(b).9 After finding Shanghai
Huafon did not address the good cause
requirement in its initial request
pursuant to 19 CFR 351.216(c),
Commerce issued a letter to Shanghai
Huafon requesting it demonstrate good
cause.10 On July 8, 2019, Shanghai
Huafon filed its response demonstrating
good cause.11 On July 17, 2019,
Commerce extended the time period for
determining whether to initiate and/or
issue simultaneous preliminary
determinations by 45 days, until
September 10, 2019.12 We did not
receive comments from other interested
parties concerning these requests.
Scope of the Orders
Aluminum Foil Orders
The merchandise covered by these
orders is aluminum foil having a
thickness of 0.2 mm or less, in reels
exceeding 25 pounds, regardless of
width. For a complete description of the
scope, see the Preliminary Decision
Memorandum.13
Aluminum Sheet Orders
The merchandise covered by these
orders 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. or a complete
description of the scope, see the
Preliminary Decision Memorandum.
9 Id.
10 See Commerce’s Letter, ‘‘Antidumping/
Countervailing Duty Investigations of Aluminum
Foil and Sheet from China: Request for Changed
Circumstances Review,’’ dated July 1, 2019.
11 See Shanghai Huafon’s Letter, ‘‘Aluminum Foil
from the People’s Republic of China and Common
Alloy Aluminum Sheet from the People’s Republic
of China: Response to Request for Additional
Information—Good Cause,’’ dated July 8, 2019.
12 See Commerce’s Letter, ‘‘Changed
Circumstances Reviews: Extension of Initiation
Deadline,’’ dated July 17, 2019.
13 See Memorandum, ‘‘Initiation and Preliminary
Determination of the Changed Circumstances
Reviews Regarding Successor-In-Interest Analysis:
Aluminum Foil/Common Alloy Aluminum Sheet
from the People’s Republic of China’’ dated
concurrently with this notice (Preliminary Decision
Memorandum).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Initiation and Preliminary
Determination of Changed
Circumstances Reviews
Pursuant to section 751(b)(1)(A) of the
Act and 19 CFR 351.216(d), Commerce
will conduct a CCR upon receipt of a
request from an interested party for a
review of an AD or CVD order which
shows changed circumstances sufficient
to warrant a review of the order. In the
past, Commerce has used CCRs to
address the applicability of cash deposit
rates after there have been changes in
the name or structure of a respondent,
such as a merger or spinoff (successorin-interest or successorship
determinations).14 The information
submitted by Shanghai Huafon
supporting its claim that it is the
successor-in-interest to Huafon Nikkei
demonstrates changed circumstances
sufficient to warrant such a review.15
Therefore, in accordance with
751(b)(1)(A) of the Act and 19 CFR
351.216(d) and (e), we are initiating
CCRs based on the information
contained in Shanghai Huafon’s
submission.
Section 351.221(c)(3)(ii) of
Commerce’s regulations permits
Commerce to combine the notice of
initiation of a CCR and the notice of
preliminary determination if Commerce
concludes that expedited action is
warranted.16 In the instant case, because
the record contains information
necessary to make a preliminary
finding, we find that expedited action is
warranted and have combined the
notice of initiation and notice of
preliminary determination. For a full
description of the methodology
underlying our analysis, see the
Preliminary Decision Memorandum.
In accordance with 19 CFR 351.216,
we preliminarily determine that
Shanghai Huafon is the successor-ininterest to Huafon Nikkei. Record
evidence, as submitted by Shanghai
Huafon, indicates that, based on the
totality of the circumstances under
Commerce’s successor-in-interest
criteria, Shanghai Huafon’s management
14 See, e.g., Diamond Sawblades and Parts
Thereof from the People’s Republic of China:
Initiation and Preliminary Results of Antidumping
Duty Changed Circumstances Review, 82 FR 51605,
51606 (November 7, 2017), unchanged in Diamond
Sawblades and Parts Thereof from the People’s
Republic of China: Final Results of Antidumping
Duty Changed Circumstances Review, 82 FR 60177
(December 19, 2017).
15 See 19 CFR 351.216(d).
16 See 19 CFR 351.221(c)(3)(ii); see also Certain
Pasta from Italy: Initiation and Preliminary Results
of Antidumping Duty Changed Circumstances
Review, 80 FR 33480–41 (June 12, 2015), unchanged
in Certain Pasta from Italy: Final Results of
Changed Circumstances Review, 80 FR 48807
(August 14, 2015).
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jbell on DSK3GLQ082PROD with NOTICES
and business relations are virtually
identical to those of Huafon Nikkei
before the name change with respect to
the merchandise under review.
Moreover, we preliminarily find that
Shanghai Huafon’s production facilities,
supplier relationships, and customer
base, with regard to the merchandise
under review, are substantially the same
as Huafon Nikkei before the name
change. For the complete successor-ininterest analysis, see the Preliminary
Decision Memorandum.
Therefore, based on record evidence,
we preliminarily determine that
Shanghai Huafon is the successor-ininterest to Huafon Nikkei and the AD
margins and CVD subsidy rates assigned
to Huafon Nikkei should be the rates for
Shanghai Huafon as a result of our
successor-in-interest finding.
Public Comment
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 30 days of publication of this
notice in the Federal Register. In
accordance with 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than five days after the case briefs,
in accordance with 19 CFR 351.309(d).
Parties who submit case or rebuttal
briefs 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.
All comments are to be filed
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS)
and must also be served on interested
parties. 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 Commerce
building. An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the day on which it is
due.17
Consistent with 19 CFR 351.216(e),
we intend to issue the final
determination of this changed
circumstances review no later than 270
days after the date on which this review
was initiated, or within 45 days if all
parties agree to our preliminary finding.
Notification to Interested Parties
This notice is published in
accordance with sections 751(b)(1) and
17 See
19 CFR 351.303(b).
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17:05 Sep 16, 2019
Jkt 247001
777(i)(1) of the Act and 19 CFR
351.216(b), 351.221(b) and
351.221(c)(3).
Dated: September 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Good Cause
V. Successor-In-Interest Determination
VI. Recommendation
[FR Doc. 2019–20082 Filed 9–16–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–560–831]
Biodiesel From the Republic of
Indonesia: Rescission of
Countervailing Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
countervailing duty (CVD) order on
biodiesel from the Republic of Indonesia
(Indonesia) for the period of review
(POR) August 28, 2017, through
December 31, 2018.
DATES: Applicable September 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Gene H. Calvert, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC; telephone (202)
482–3586.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 8, 2019, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the CVD order
on biodiesel from Indonesia for the
POR.1 On February 28, 2019, the
National Biodiesel Board Fair Trade
Coalition (the National Biodiesel
Coalition), a domestic interested party,2
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 84 FR 2816
(February 8, 2019).
2 Members of the National Biodiesel Coalition
include the National Biodiesel Board; American
PO 00000
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Fmt 4703
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48911
filed a timely request for review with
respect to PT. Cermerlang Energi
Perkasa (CEP); PT. Ciliandra Perkasa;
PT. Musim Mas, Medan; PT. Pelita
Agung Agrindustri; and Wilmar
International Ltd. (collectively, the
Companies Subject to Review), in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.213(b).3 Pursuant to
this request, and in accordance with
section 751(a) of the Act and 19 CFR
351.221(c)(1)(i), on April 1, 2019,
Commerce initiated an administrative
review of the Companies Subject to
Review.4 On June 27, 2019, the National
Biodiesel Coalition filed a timely
withdrawal of its request for the
administrative review of the Companies
Subject to Review.5
Rescission of Review
Pursuant to section 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if the party
that requested the review withdraws the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. As noted above,
the National Biodiesel Coalition, the
only party to file a request for review,
withdrew its request for all parties for
which a review was requested by the 90day deadline. Accordingly, we are
rescinding the administrative review of
the CVD order on biodiesel from
Indonesia for the period August 28,
2017, through December 31, 2018, in its
entirety.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
CVD duties on all appropriate entries of
biodiesel from Indonesia. CVD duties
shall be assessed at rates equal to the
cash deposit of estimated CVD duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
GreenFuels, LLC; Archer Daniels Midland
Company; Ag Processing Inc.; Crimson Renewable
Energy LP; High Plains Bioenergy; Integrity
Biofuels, LLC; Iowa Renewable Energy, LLC; Lake
Erie Biofuels (dba HERO BX); Minnesota Soybean
Processors; New Leaf Biofuel, LLC; Newport
Biodiesel, LLC; Renewable Biofuels, LLC;
Renewable Energy Group, Inc.; Western Dubuque
Biodiesel, LLC; Western Iowa Energy, LLC; and
World Management Group, LLC (dba World
Energy).
3 See Letter from the National Biodiesel Coalition,
‘‘Biodiesel from Indonesia: Request for
Administrative Review of Countervailing Duty
Order,’’ dated February 28, 2019.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
12200 (April 1, 2019).
5 See Letter from the National Biodiesel Coalition,
‘‘Biodiesel from Indonesia: Withdrawal of Request
for Administrative Review of the Countervailing
Duty Order,’’ dated June 27, 2019.
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]]>Agencies
[Federal Register Volume 84, Number 180 (Tuesday, September 17, 2019)]
[Notices]
[Pages 48909-48911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20082]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-053, A-570-073, C-570-054, C-570-074]
Certain Aluminum Foil and Common Alloy Aluminum Sheet From the
People's Republic of China: Notice of Initiation and Preliminary
Determination of Antidumping Duty and Countervailing Duty Changed
Circumstances Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is initiating changed
circumstances reviews (CCRs) and preliminarily determines that Shanghai
Huafon Aluminium Corporation (Shanghai Huafon) is the successor-in-
interest to Huafon Nikkei Aluminium Corporation (Huafon Nikkei) and,
accordingly, that Shanghai Huafon should be assigned the cash deposit
rates established for Huafon Nikkei for purposes of the antidumping
duty (AD) and countervailing duty (CVD) orders on certain aluminum foil
(aluminum foil) and common alloy aluminum sheet
[[Page 48910]]
(aluminum sheet) from the People's Republic of China (China).
DATES: Applicable September 17, 2019.
FOR FURTHER INFORMATION CONTACT: Joshua A. DeMoss, 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) 482-3362.
SUPPLEMENTARY INFORMATION:
Background
On April 19, 2018, Commerce published in the Federal Register the
AD and CVD orders on aluminum foil from China, which included Huafon
Nikkei.\1\ Pursuant to the Aluminum Foil Orders, Commerce assigned
Huafon Nikkei an AD cash deposit rate, adjusted for subsidy offset, of
73.66 percent, based on the non-selected respondent rate,\2\ and the
all-others subsidy rate of 18.62 percent.\3\
---------------------------------------------------------------------------
\1\ See Certain Aluminum Foil from the People's Republic of
China: Amended Final Determination of Sales at Less Than Fair Value
and Antidumping Duty Order, 83 FR 17362 (April 19, 2018) (Aluminum
Foil AD Order); see also Certain Aluminum Foil from the People's
Republic of China: Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 83 FR 17360 (April 19,
2018) (Aluminum Foil CVD Order) (collectively, Aluminum Foil
Orders).
\2\ See Aluminum Foil AD Order, 83 FR at 17363.
\3\ See Aluminum Foil CVD Order, 83 FR at 17361.
---------------------------------------------------------------------------
Commerce published in the Federal Register the AD and CVD orders on
aluminum sheet from China on February 8, 2019 and February 6, 2019,
respectively.\4\ Pursuant to the Aluminum Sheet Orders, Commerce
assigned Huafon Nikkei an AD cash deposit rate, adjusted for a subsidy
offset, of 49.85 percent, based on the non-selected respondent rate,\5\
and the all-others subsidy rate of 50.75 percent.\6\
---------------------------------------------------------------------------
\4\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019)
(Aluminum Sheet AD Order); see also Common Alloy Aluminum Sheet from
the People's Republic of China: Countervailing Duty Order, 84 FR
2157 (February 6, 2019) (Aluminum Sheet CVD Order) (collectively,
Aluminum Sheet Orders).
\5\ See Aluminum Sheet AD Order, 84 FR at 2814.
\6\ See Aluminum Sheet CVD Order, 84 FR at 2158.
---------------------------------------------------------------------------
On June 12, 2019, Shanghai Huafon informed Commerce that, as of
September 25, 2018, Huafon Nikkei changed its name to ``Shanghai Huafon
Aluminium Corporation.'' \7\ Shanghai Huafon stated the change was in
name only; all other former business operations remain unchanged.\8\
Shanghai Huafon requested that Commerce conduct CCRs and find that
Shanghai Huafon is the successor-in-interest to Huafon Nikkei, and that
it be subject to Huafon Nikkei's AD margins and CVD subsidy rates for
aluminum foil and aluminum sheet, pursuant to section 751(b) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b).\9\
After finding Shanghai Huafon did not address the good cause
requirement in its initial request pursuant to 19 CFR 351.216(c),
Commerce issued a letter to Shanghai Huafon requesting it demonstrate
good cause.\10\ On July 8, 2019, Shanghai Huafon filed its response
demonstrating good cause.\11\ On July 17, 2019, Commerce extended the
time period for determining whether to initiate and/or issue
simultaneous preliminary determinations by 45 days, until September 10,
2019.\12\ We did not receive comments from other interested parties
concerning these requests.
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\7\ See Shanghai Huafon's Letter, ``Aluminum Foil from the
People's Republic of China: Request for Changed Circumstances
Review,'' dated June 12, 2019; see also Shanghai Huafon's Letter,
``Common Alloy Aluminum Sheet from the People's Republic of China:
Request for Changed Circumstances Review,'' dated June 12, 2019.
\8\ See CCRs Requests at 2-3.
\9\ Id.
\10\ See Commerce's Letter, ``Antidumping/Countervailing Duty
Investigations of Aluminum Foil and Sheet from China: Request for
Changed Circumstances Review,'' dated July 1, 2019.
\11\ See Shanghai Huafon's Letter, ``Aluminum Foil from the
People's Republic of China and Common Alloy Aluminum Sheet from the
People's Republic of China: Response to Request for Additional
Information--Good Cause,'' dated July 8, 2019.
\12\ See Commerce's Letter, ``Changed Circumstances Reviews:
Extension of Initiation Deadline,'' dated July 17, 2019.
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Scope of the Orders
Aluminum Foil Orders
The merchandise covered by these orders is aluminum foil having a
thickness of 0.2 mm or less, in reels exceeding 25 pounds, regardless
of width. For a complete description of the scope, see the Preliminary
Decision Memorandum.\13\
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\13\ See Memorandum, ``Initiation and Preliminary Determination
of the Changed Circumstances Reviews Regarding Successor-In-Interest
Analysis: Aluminum Foil/Common Alloy Aluminum Sheet from the
People's Republic of China'' dated concurrently with this notice
(Preliminary Decision Memorandum).
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Aluminum Sheet Orders
The merchandise covered by these orders 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. or a complete description of the
scope, see the Preliminary Decision Memorandum.
Initiation and Preliminary Determination of Changed Circumstances
Reviews
Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d),
Commerce will conduct a CCR upon receipt of a request from an
interested party for a review of an AD or CVD order which shows changed
circumstances sufficient to warrant a review of the order. In the past,
Commerce has used CCRs to address the applicability of cash deposit
rates after there have been changes in the name or structure of a
respondent, such as a merger or spinoff (successor-in-interest or
successorship determinations).\14\ The information submitted by
Shanghai Huafon supporting its claim that it is the successor-in-
interest to Huafon Nikkei demonstrates changed circumstances sufficient
to warrant such a review.\15\ Therefore, in accordance with
751(b)(1)(A) of the Act and 19 CFR 351.216(d) and (e), we are
initiating CCRs based on the information contained in Shanghai Huafon's
submission.
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\14\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review, 82 FR 51605, 51606
(November 7, 2017), unchanged in Diamond Sawblades and Parts Thereof
from the People's Republic of China: Final Results of Antidumping
Duty Changed Circumstances Review, 82 FR 60177 (December 19, 2017).
\15\ See 19 CFR 351.216(d).
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Section 351.221(c)(3)(ii) of Commerce's regulations permits
Commerce to combine the notice of initiation of a CCR and the notice of
preliminary determination if Commerce concludes that expedited action
is warranted.\16\ In the instant case, because the record contains
information necessary to make a preliminary finding, we find that
expedited action is warranted and have combined the notice of
initiation and notice of preliminary determination. For a full
description of the methodology underlying our analysis, see the
Preliminary Decision Memorandum.
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\16\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from
Italy: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 80 FR 33480-41 (June 12, 2015),
unchanged in Certain Pasta from Italy: Final Results of Changed
Circumstances Review, 80 FR 48807 (August 14, 2015).
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In accordance with 19 CFR 351.216, we preliminarily determine that
Shanghai Huafon is the successor-in-interest to Huafon Nikkei. Record
evidence, as submitted by Shanghai Huafon, indicates that, based on the
totality of the circumstances under Commerce's successor-in-interest
criteria, Shanghai Huafon's management
[[Page 48911]]
and business relations are virtually identical to those of Huafon
Nikkei before the name change with respect to the merchandise under
review. Moreover, we preliminarily find that Shanghai Huafon's
production facilities, supplier relationships, and customer base, with
regard to the merchandise under review, are substantially the same as
Huafon Nikkei before the name change. For the complete successor-in-
interest analysis, see the Preliminary Decision Memorandum.
Therefore, based on record evidence, we preliminarily determine
that Shanghai Huafon is the successor-in-interest to Huafon Nikkei and
the AD margins and CVD subsidy rates assigned to Huafon Nikkei should
be the rates for Shanghai Huafon as a result of our successor-in-
interest finding.
Public Comment
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of publication of this notice in the Federal
Register. In accordance with 19 CFR 351.309(c)(1)(ii), interested
parties may submit case briefs not later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later than five days after the case
briefs, in accordance with 19 CFR 351.309(d). Parties who submit case
or rebuttal briefs 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. All comments are to be filed electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS) and must also be served
on interested parties. 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 Commerce building. An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the day on which it is
due.\17\
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\17\ See 19 CFR 351.303(b).
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Consistent with 19 CFR 351.216(e), we intend to issue the final
determination of this changed circumstances review no later than 270
days after the date on which this review was initiated, or within 45
days if all parties agree to our preliminary finding.
Notification to Interested Parties
This notice is published in accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216(b), 351.221(b) and
351.221(c)(3).
Dated: September 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Good Cause
V. Successor-In-Interest Determination
VI. Recommendation
[FR Doc. 2019-20082 Filed 9-16-19; 8:45 am]
BILLING CODE 3510-DS-P
