Common Alloy Aluminum Sheet From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Recission of Antidumping Administrative Review, Preliminary Determination of No Shipments, and Preliminary Successor-In-Interest Determination; 2018-2020, 33640-33644 [2021-13546]
Download as PDF
33640
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
Scope of the Order
The merchandise covered by the order
is cold-drawn mechanical tubing from
India. For a complete description of the
scope of the order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found countervailable, we
preliminarily determine that there is a
subsidy, i.e., a financial contribution
that gives rise to a benefit to the
recipient, and the subsidy is specific.6
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Cash Deposit Rate
Pursuant to section 751(a)(1) of the
Act, Commerce intends to instruct CBP
to collect cash deposits of estimated
countervailing duties in the amounts
indicated above with regard to
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. These cash deposit instructions,
when imposed, shall remain in effect
until further notice.
Disclosure and Public Comment
We will disclose to parties to this
proceeding the calculations performed
in reaching the preliminary results
within five days of the date of
publication of these preliminary
results.9 Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
Preliminary Results of Review
case briefs, may be filed not later than
seven days after the date for filing case
For the period January 1, 2019,
briefs.10 Parties who submit case briefs
through December 31, 2019, we
preliminarily find that the following net or rebuttal briefs in this proceeding are
encouraged to submit with each
subsidy rates exist:
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
Subsidy rate
and (3) a table of authorities.11 Case and
Company
(percent ad
valorem)
rebuttal briefs should be filed using
ACCESS 12 and must be served on
Goodluck India Limited 7 .......
5.32
interested parties.13 Executive
Tube Investments of India
summaries should be limited to five
Ltd 8 ...................................
7.70
pages total, including footnotes. Note
that Commerce has temporarily
Assessment Rate
modified certain of its requirements for
Consistent with section 751(a)(2)(C) of serving documents containing business
proprietary information, until further
the Act, upon issuance of the final
14
results, Commerce shall determine, and notice.
Interested parties who wish to request
U.S. Customs and Border Protection
(CBP) shall assess, countervailing duties a hearing must do so within 30 days of
publication of these preliminary results
on all appropriate entries covered by
by submitting a written request to the
this review. Commerce intends to issue
Assistant Secretary for Enforcement and
assessment instructions to CBP no
Compliance using Enforcement and
earlier than 35 days after the date of
Compliance’s ACCESS system.15
publication of the final results of this
Requests should contain the party’s
review in the Federal Register. If a
name, address, and telephone number,
timely summons is filed at the U.S.
the number of participants, whether any
Court of International Trade, the
participant is a foreign national, and a
assessment instructions will direct CBP
not to liquidate relevant entries until the list of the issues to be discussed. Issues
raised in the hearing will be limited to
time for parties to file a request for a
those raised in the respective case and
statutory injunction has expired (i.e.,
within 90 days of publication).
9 See
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6 See
sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 This rate applies to the following entities:
Goodluck India Limited (formerly Good Luck Steel
Tubes Limited); Good Luck Steel Tubes Limited
Good Luck House; and Good Luck Industries.
8 Tube Investments of India Ltd. is also known as
Tube Investments of India Limited.
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18:38 Jun 24, 2021
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19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii) and 351.309(d)(1);
see also Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
11 See 19 CFR 351.309(c)(2) and (d)(2).
12 See generally 19 CFR 351.303.
13 See 19 CFR 351.303(f).
14 See Temporary Rule.
15 See 19 CFR 351.310(c).
10 See
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rebuttal briefs.16 If a request for a
hearing is made, Commerce intends to
hold the hearing at a time and date to
be determined. Parties should confirm
the date and time of the hearing two
days before the scheduled date. Parties
are reminded that all briefs and hearing
requests must be filed electronically
using ACCESS and received
successfully in their entirety by 5:00
p.m. Eastern Time on the due date.
Final Results of Review
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice
are in issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR 351.213.
Dated: June 17, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Subsidies Valuation Information
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2021–13549 Filed 6–24–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–073]
Common Alloy Aluminum Sheet From
the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review, Partial
Recission of Antidumping
Administrative Review, Preliminary
Determination of No Shipments, and
Preliminary Successor-In-Interest
Determination; 2018–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain companies under review
AGENCY:
16 See
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19 CFR 351.310.
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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
sold subject merchandise at less than
normal value during the period of
review (POR), June 22, 2018, through
January 31, 2020, and that certain other
companies under review did not ship
subject merchandise to the United
States during the POR. Additionally,
Commerce is rescinding this review
with respect to multiple companies. We
are also making a preliminary successorin-interest determination. Interested
parties are invited to comment on these
preliminary results of this review.
DATES: Applicable June 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Frank Schmitt or Fred Baker, 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) 482–4880 or (202) 482–2924,
respectively.
SUPPLEMENTARY INFORMATION:
Background
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On April 8, 2020, in response to
review requests from multiple parties,
Commerce initiated an administrative
review of the antidumping duty order
on common alloy aluminum sheet
(CAAS) from the People’s Republic of
China (China).1 The POR is June 22,
2018, through January 31, 2020. On
April 24 and July 21, 2020, Commerce
tolled all deadlines in administrative
reviews by 50 days and 60 days
respectively.2 On January 27 and June 2,
2021, Commerce extended the time
limit for completing the preliminary
results of this review, until June 18,
2021.3
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
19730 (April 8, 2020).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020; see also Memorandum, ‘‘Tolling of Deadlines
for Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
3 See Memorandum, ‘‘Common Alloy Aluminum
Sheet from China, 2018–2020: Extension of Time
Limit for Preliminary Results of Antidumping Duty
Administrative Review,’’ dated January 27, 2021;
see also Memorandum, ‘‘Common Alloy Aluminum
Sheet from China, 2018–2020: Extension of Time
Limit for Preliminary Results of Antidumping Duty
Administrative Review,’’ dated June 2, 2021.
However, on June 17, 2021, the President signed
into law the Juneteenth National Independence Day
Act, making June 19 a Federal holiday. See
Juneteenth National Independence Day Act, S. 475,
Public Law 117–17 (2021). Because the Federal
holiday fell on a Saturday, it was observed on
Friday, June 18, 2021. Where a deadline falls on a
weekend or Federal holiday, the appropriate
deadline is the next business day. See Notice of
Clarification: Application of ‘‘Next Business Day’’
Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70
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On June 10, 2020, Commerce selected
two exporters and/or producers for
individual examination as mandatory
respondents, Henan Mingtai Aluminum
Industrial/Zhengzhou Mingtai Industry
Co., Ltd. (collectively, Mingtai), and
Jiangyin New Alumax Composite
Material (Jiangyin New Alumax).4 By
the deadline for section A questionnaire
responses, July 21, 2020, neither
mandatory respondent had submitted a
section A questionnaire response. By
the deadline for section C–E
questionnaire responses, August 6,
2020, neither mandatory respondent
had submitted a section C–E
questionnaire response. Additionally,
on August 18, 2020, Mingtai filed a
notice of its intent not to participate in
this administrative review.5
Because neither Mingtai nor Jiangyin
New Alumax responded to Commerce’s
antidumping questionnaire, on
September 28, 2020, Commerce selected
Jiangsu Alcha Aluminum Co., Ltd.
(Jiangsu Alcha) as an additional
mandatory respondent.6 During the
course of this review, Jiangsu Alcha
filed responses to Commerce’s
questionnaires and supplemental
questionnaires, and the Aluminum
Association Common Alloy Aluminum
Sheet Trade Enforcement Working
Group and its individual members 7 (the
petitioner) commented on those
responses. Additionally, multiple
companies for which Commerce
initiated the review filed either noshipment claims or applications for
separate rate status. For details
regarding the events that occurred
subsequent to the initiation of the
review, see the Preliminary Decision
Memorandum.8 A list of topics
FR 24533 (May 10, 2005). Accordingly, the deadline
for these preliminary results is on June 21, 2021.
4 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Common Alloy
Aluminum Sheet from the People’s Republic of
China: Respondent Selection,’’ dated June 10, 2020.
5 See Mingtai’s Letter, ‘‘Common Alloy
Aluminum Sheet from the People’s Republic of
China: Mingtai Notice of Intent Not to Participate,’’
dated August 18, 2020.
6 See Memorandum, ‘‘Administrative Review of
the Antidumping Duty Order on Common Alloy
Aluminum Sheet from the People’s Republic of
China: Selection of Additional Respondent for
Individual Examination,’’ dated September 28,
2020.
7 The individual members of the Aluminum
Association Common Alloy Aluminum Sheet Trade
Enforcement Working Group are: Arconic
Corporation, Commonwealth Rolled Products, Inc.,
Constellium Rolled Products Ravenswood, LLC,
Jupiter Aluminum Corporation, JW Aluminum
Company, and Novelis Corporation.
8 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2018–2020
Antidumping Duty Administrative Review of
Common Alloy Aluminum Sheet from the People’s
Republic of China,’’ issued concurrently with and
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33641
discussed in the Preliminary Decision
Memorandum is included as an
Appendix to this notice.
The Preliminary Decision
Memorandum is a public document and
is made available to the public 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. In addition, a complete
version of the Preliminary Decision
Memorandum can be found at https://
enforcement.trade.gov/frn/.
Scope of the Order
The merchandise covered by the order
is common alloy aluminum sheet from
China. For a complete description of the
scope of the order, see the Preliminary
Decision Memorandum.
Preliminary Determination of No
Shipments
We found no evidence calling into
question the no shipment claims by
Teknik Aluminyum Sanayi A.S. and
Companhia Brasileira de Aluminio;
therefore, we preliminarily find that
these companies had no shipments of
subject merchandise to the United
States during the POR. For additional
information regarding these preliminary
determinations, see the Preliminary
Decision Memorandum.
Partial Recission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if all parties that requested a
review withdraw their requests within
90 days of the publication date of the
notice of initiation of the requested
review. All parties timely withdrew
their requests for administrative review
of the following companies: (1)
Multipanel UK Ltd., (2) Alumax
Composite Material (Jiangyin) Co., Ltd.,
(3) Chalco Ruimin Co., (4) Granges
Aluminum (Shanghai) Co., Ltd., (5)
Henan Founder Beyond Industry Co.,
Ltd., (6) Henan Jinyang Luyue Co., Ltd.,
(7) Henan Xintai Aluminum Industry
Co., Ltd., (8) Henan Zhongyuan
Aluminum Co., Ltd., (9) Huafon Nikkei
Aluminum Corporation, (10) Jiangsu
Lidao New Material Co., Ltd., (11)
Jiangsu Zhong He Aluminum Co., Ltd.,
(12) Jiangyin Litai Ornamental Materials
Co., Ltd., (13) Luoyang Xinlong
Aluminum Co., Ltd., (14) Shandong
Fuhai Industrial Co., Ltd., (15)
Shandong Nanshan Aluminum Co.,
hereby adopted by this notice (Preliminary Decision
Memorandum).
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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
Ltd., (16) Shanghai Dongshuo Metal
Trade Co., Ltd., (17) Tianjin Zhongwang
Aluminum Co., Ltd., (18) Xiamen
Xiashun Aluminum Foil Co., Ltd., (19)
Yantai Jintai International Trade Co.,
Ltd., and (20) Zhengzhou Silverstone
Limited. Accordingly, Commerce is
rescinding this review with respect to
these companies, in accordance with 19
CFR 351.213(d)(1). For additional
information regarding the rescission of
Commerce’s administrative reviews, see
the Preliminary Decision Memorandum.
Preliminary Affiliation and Single
Entity Determination
We have determined that Jiangsu
Alcha, Alcha International, and Baotou
Alcha Aluminum Co., Ltd. (Baotou
Alcha) are affiliated entities pursuant to
section 771(33)(F) of the Tariff Act of
1930, as amended (the Act). We have
also determined that Jiangsu Alcha and
Baotou Alcha Aluminum Co., Ltd.
(Baotou Alcha) should be treated as a
single entity pursuant to 19 CFR
351.401(f)(1)–(2). For additional
information, see the Affiliation
Memorandum.9
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Separate Rates
We have preliminarily determined
that the information placed on the
record by Jiangsu Alcha, Alcha
International (collectively, Alcha
Group), and Yinbang Clad Material Co.,
Ltd. (Yinbang Clad) demonstrates that
these companies are eligible for a
separate rate. We have also
preliminarily determined that Choil
Aluminum Co., Ltd.; Jiangyin New
Alumax; Mingtai; PMS Metal Profil
Aluminyum San. Ve Tic. A.S. Demirtas
Organize Sanayi Bolgesi; and United
Metal Coating LLC have not
demonstrated their eligibility for a
separate rate because they did not file
separate rate applications or
certifications with Commerce.
Therefore, we are treating these
companies as part of the China-wide
entity. Because no party requested a
review of the China-wide entity, the
entity is not under review and the
entity’s rate (i.e., 59.72 percent) is not
subject to change.10
For additional information regarding
Commerce’s preliminary separate rates
determinations, see the Preliminary
Decision Memorandum.
9 See Memorandum, ‘‘Preliminary Affiliation and
Collapsing Memorandum: Common Alloy
Aluminum Sheet from China,’’ dated concurrently
with this notice (Affiliation Memorandum).
10 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Antidumping Duty
Order, 84 FR 2813 (February 8, 2019).
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Dumping Margins for Separate Rate
Companies
The statute and Commerce’s
regulations do not address what rate to
apply to respondents not selected for
individual examination when
Commerce limits its examination in an
administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation, for guidance when
calculating the rate for non-selected
respondents that are not examined
individually in an administrative
review. Section 735(c)(5)(A) of the Act
states that the all-others rate should be
calculated by averaging the weightedaverage dumping margins for
individually examined respondents,
excluding rates that are zero, de
minimis, or based entirely on facts
available. Where the rates for the
individually examined companies are
all zero, de minimis, or based entirely
on facts available, section 735(c)(5)(B) of
the Act provides that Commerce may
use ‘‘any reasonable method’’ to
establish the all-others rate. In this
review, we calculated a rate for Alcha
Group that is not zero, de minimis, or
based entirely on facts available.
Therefore, we have assigned this rate to
the companies not selected for
individual examination but that are
eligible for a separate rate.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(B) of the Act.
Commerce calculated export and
constructed export prices in accordance
with section 772 of the Act. Because
Commerce has determined that China is
a nonmarket economy country,11 within
the meaning of section 771(18) of the
Act, Commerce calculated normal value
in accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying the
preliminary results of this review, see
the Preliminary Decision Memorandum.
Preliminary Results of Review
We are preliminarily assigning the
following dumping margins to the firms
11 See Antidumping Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861
(November 2, 2017) (citing Memorandum, ‘‘China’s
Status as a Non-Market Economy,’’ dated October
26, 2017), unchanged in Certain Aluminum Foil
from the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 83
FR 9282 (March 5, 2018).
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listed below for the period June 22,
2018, through January 31, 2020:
Exporter
Jiangsu Alcha Aluminum Co.,
Ltd./Alcha International Holdings Limited .............................
Yinbang Clad Material Co., Ltd ..
China-Wide Entity 12 ...................
Weightedaverage
dumping
margin
(percent)
143.30
143.30
59.72
Disclosure and Public Comment
Commerce intends to disclose to
parties to the proceeding the
calculations performed for these
preliminary results of review within five
days of the date of publication of this
notice in the Federal Register in
accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs
no later than 30 days after the date of
publication of these preliminary results
of review in the Federal Register.13
Rebuttal briefs may be filed no later
than seven days after case briefs are due
and may respond only to arguments
raised in the case briefs.14 A table of
contents, list of authorities used, and an
executive summary of issues should
accompany any briefs submitted to
Commerce. The summary should be
limited to five pages total, including
footnotes.15
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, within 30
days after the date of publication of this
notice in the Federal Register.16
Requests should contain the party’s
name, address, and telephone number,
the number of individuals from the
requesting party’s firm that will attend
the hearing, and a list of the issues the
party intends to discuss at the hearing.
Oral arguments at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made,
Commerce intends to hold the hearing
at a date and time to be determined.17
Parties should confirm by telephone the
12 As noted above, the China-Wide Entity is not
subject to this review. However, in this review we
have preliminarily determined that the following
companies under review are now part of the ChinaWide Entity: (1) Choil Aluminum Co., Ltd.; (2)
Henan Mingtai Al Industrial Co., Ltd.; (3) Jiangyin
New Alumax Composite Material Co., Ltd.; (4) PMS
Metal Profil Aluminyum San. Ve Tic. A.S. Demirtas
Organize Sanayi Bolgesi; (5) United Metal Coating
LLC; and (6) Zhengzhou Mingtai Industry Co., Ltd.
13 See 19 CFR 351.309(c)(ii).
14 See 19 CFR 351.309(d).
15 See 19 CFR 351.309(c)(2), (d)(2).
16 See 19 CFR 351.310(c).
17 See 19 CFR 351.310(d).
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date and time of the hearing two days
before the scheduled date of the hearing.
All submissions, with limited
exceptions, must be filed electronically
using ACCESS.18 An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5 p.m.
Eastern Time (ET) on the due date.19
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information until further
notice.20 Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review in the
Federal Register, pursuant to section
751(a)(3)(A) of the Act.
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Assessment Rates
Upon issuance of the final results of
this review, Commerce will determine,
and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
this review.21 Commerce intends to
issue assessment instructions to CBP no
earlier than 35 days after date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
For each individually examined
respondent in this review whose
weighted-average dumping margin in
the final results of review is not zero or
de minimis (i.e., less than 0.5 percent),
Commerce intends to calculate
importer/customer-specific assessment
rates, in accordance with 19 CFR
351.212(b)(1).22 Where the respondent
reported reliable entered values,
Commerce intends to calculate
importer/customer-specific ad valorem
generally 19 CFR 351.303.
19 CFR 351.303 (for general filing
requirements); see also Antidumping and
Countervailing Duty Proceedings: Electronic Filing
Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
20 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020); see
also Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
21 See 19 CFR 351.212(b)(1).
22 See Antidumping Proceedings: Calculation of
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification).
assessment rates by aggregating the
amount of dumping calculated for all
U.S. sales to the importer/customer and
dividing this amount by the total
entered value of the merchandise sold to
the importer/customer.23 Where the
respondent did not report entered
values, Commerce will calculate
importer/customer-specific assessment
rates by dividing the amount of
dumping for reviewed sales to the
importer/customer by the total quantity
of those sales. Commerce will calculate
an estimated ad valorem importer/
customer-specific assessment rate to
determine whether the per-unit
assessment rate is de minimis; however,
Commerce will use the per-unit
assessment rate where entered values
were not reported.24 Where an importer/
customer-specific ad valorem
assessment rate is not zero or de
minimis, Commerce will instruct CBP to
collect the appropriate duties at the time
of liquidation. Where either the
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer/customer-specific ad valorem
assessment rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.25
For the respondents that were not
selected for individual examination in
this administrative review, but which
qualified for a separate rate, the
assessment rate will be based on the
weighted-average dumping margin(s)
assigned to the respondent(s), as
appropriate, in the final results of this
review.26
Pursuant to Commerce’s refinement to
its practice, for sales that were not
reported in the U.S. sales database
submitted by an exporter individually
examined during this review, Commerce
will instruct CBP to liquidate the entry
of such merchandise at the dumping
margin for the China-wide entity.27
Additionally, where Commerce
determines that an exporter under
review had no shipments of subject
merchandise to the United States during
18 See
23 See
19 See
24 Id.
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18:38 Jun 24, 2021
Jkt 253001
19 CFR 351.212(b)(1).
25 See
Final Modification, 77 FR at 8103.
Drawn Stainless Steel Sinks from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments: 2014–
2015, 81 FR 29528 (May 12, 2016), and
accompanying IDM at 10–11, unchanged in Drawn
Stainless Steel Sinks from the People’s Republic of
China: Final Results of Antidumping Duty
Administrative Review; Final Determination of No
Shipments; 2014–2015, 81 FR 54042 (August 15,
2016).
27 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
26 See
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33643
the POR, any suspended entries of
subject merchandise that entered under
that exporter’s CBP case number during
the POR will be liquidated at the
dumping margin for the China-wide
entity.
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
Commerce will instruct CBP to
require a cash deposit for antidumping
duties equal to the weighted-average
amount by which the normal value
exceeds U.S. price. The following cash
deposit requirements will be effective
for shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of this notice in the Federal
Register, as provided by section
751(a)(2)(C) of the Act: (1) For the
exporters listed in the table above, the
cash deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review for the exporter (except, if the
dumping margin is de minimis (i.e., less
than 0.5 percent), then the cash deposit
rate will be zero for that exporter); (2)
for previously investigated or reviewed
Chinese and non-Chinese exporters that
are not listed in the table above but that
have separate rates, the cash deposit rate
will continue to be the exporter-specific
rate established in the most recently
completed segment of this proceeding;
(3) for all Chinese exporters of subject
merchandise which have not been
found to be entitled to a separate rate,
the cash deposit rate will be the rate for
the China-wide entity (i.e., 59.72
percent) 28 and (4) for all non-Chinese
exporters of subject merchandise that
have not received their own rate, the
cash deposit rate will be the rate
applicable to the China exporter that
supplied that non-Chinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also 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
28 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Antidumping Duty
Order, 84 FR 2813 (February 8, 2019).
E:\FR\FM\25JNN1.SGM
25JNN1
33644
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Notices
antidumping duties and/or
countervailing 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
and/or countervailing duties has
occurred, and the subsequent
assessment of double antidumping
duties and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
Dated: June 21, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix—List of Sections in the
Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Preliminary Determination of No
Shipments
VI. Preliminary Successor-In-Interest
Determination
VII. Affiliation
VIII. Discussion of Methodology
IX. Adjustment Under Section 777A of the
Act
X. Currency Conversion
XI. Recommendation
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–041]
Truck and Bus Tires From the People’s
Republic of China: Preliminary Results
of Countervailing Duty Administrative
Review, and Rescission of Review, in
Part; 2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
truck and bus tires from the People’s
Republic of China (China). The period
of review (POR) is February 15, 2019,
through December 31, 2019. In addition,
we are rescinding the review with
respect to several companies. Interested
lotter on DSK11XQN23PROD with NOTICES1
VerDate Sep<11>2014
18:38 Jun 24, 2021
Jkt 253001
Background
On February 15, 2019, Commerce
published in the Federal Register the
countervailing duty (CVD) order on
truck and bus tires from the China.1 On
April 8, 2020, Commerce published in
the Federal Register an initiation notice
for an administrative review of the
Order on 46 producers/exporters for the
POR.2 For events that occurred since the
Initiation Notice, see the Preliminary
Decision Memorandum.3 On June 17,
2021, the President signed into law the
Juneteenth National Independence Day
Act, making June 19 a Federal holiday.4
Because the Federal holiday fell on a
Saturday, it was observed on Friday,
June 18, 2021. Where a deadline falls on
a weekend or Federal holiday, the
appropriate deadline is the next
business day.5 Accordingly, the
deadline for these preliminary results is
on June 21, 2021.
Scope of the Order
The products covered by the Order
are truck and bus tires from China. For
a complete description of the scope of
the Order, see the Preliminary Decision
Memorandum.
[FR Doc. 2021–13546 Filed 6–24–21; 8:45 am]
AGENCY:
parties are invited to comment on these
preliminary results of review.
DATES: Applicable June 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Dusten Hom or Theodore Pearson, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
202–482–5075 or 202–482–2631,
respectively.
SUPPLEMENTARY INFORMATION:
Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
1 See Truck and Bus Tires from the People’s
Republic of China: Amended Final Determination
and Countervailing Duty Order, 84 FR 4434
(February 15, 2019) (the Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
19730 (April 8, 2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of 2019 Countervailing
Duty Administrative Review: Truck and Bus Tires
from the People’s Republic of China and Rescission
of Administrative Review, in Part,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Juneteenth National Independence Day Act,
S. 475, Public Law 117–17 (2021).
5 See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
review withdraw the request within 90
days of the date of publication of the
notice of initiation. On April 14, 2020,
Sailun 6 withdrew its request for review
of Sailun Group Co., Ltd.; Sailun
(Shenyang) Tire Co., Ltd.; Sailun Group
(Hong Kong) Co., Limited (previously
known as Sailun Jinyu Group (Hong
Kong) Co., Limited) and requested
Commerce rescind the administrative
review with respect to these companies.
In the Respondent Selection
Memorandum,7 we stated our intent to
rescind the review of these Sailun
companies because the withdrawal of
review was timely filed and no other
party requested a review of these
companies. Therefore, in accordance
with 19 CFR 351.213(d)(1), Commerce is
rescinding this review of the Order with
respect to Sailun companies noted
above.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found countervailable, we
preliminarily determine that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that confers a benefit to
the recipient, and that the subsidy is
specific.8 For a full description of the
methodology underlying our
preliminary conclusions, including our
reliance, in part, on adverse facts
available pursuant to sections 776(a)
and (b) of the Act, see the Preliminary
Decision Memorandum.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
I to this notice.
6 Sailun Group Co., Ltd.; Sailun (Shenyang) Tire
Co., Ltd.; Sailun Group (Hong Kong) Co., Limited
(previously known as Sailun Jinyu Group (Hong
Kong) Co., Limited) (collectively, Sailun).
7 See Memorandum, ‘‘Countervailing Duty
Administrative Review of Truck and Bus Tires from
the People’s Republic of China: Respondent
Selection,’’ dated June 30, 2020 (Respondent
Selection Memorandum).
8 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
E:\FR\FM\25JNN1.SGM
25JNN1
Agencies
[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33640-33644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13546]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-073]
Common Alloy Aluminum Sheet From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review, Partial
Recission of Antidumping Administrative Review, Preliminary
Determination of No Shipments, and Preliminary Successor-In-Interest
Determination; 2018-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain companies under review
[[Page 33641]]
sold subject merchandise at less than normal value during the period of
review (POR), June 22, 2018, through January 31, 2020, and that certain
other companies under review did not ship subject merchandise to the
United States during the POR. Additionally, Commerce is rescinding this
review with respect to multiple companies. We are also making a
preliminary successor-in-interest determination. Interested parties are
invited to comment on these preliminary results of this review.
DATES: Applicable June 25, 2021.
FOR FURTHER INFORMATION CONTACT: Frank Schmitt or Fred Baker, 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) 482-4880 or (202) 482-2924,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 8, 2020, in response to review requests from multiple
parties, Commerce initiated an administrative review of the antidumping
duty order on common alloy aluminum sheet (CAAS) from the People's
Republic of China (China).\1\ The POR is June 22, 2018, through January
31, 2020. On April 24 and July 21, 2020, Commerce tolled all deadlines
in administrative reviews by 50 days and 60 days respectively.\2\ On
January 27 and June 2, 2021, Commerce extended the time limit for
completing the preliminary results of this review, until June 18,
2021.\3\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 19730 (April 8, 2020).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020; see
also Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\3\ See Memorandum, ``Common Alloy Aluminum Sheet from China,
2018-2020: Extension of Time Limit for Preliminary Results of
Antidumping Duty Administrative Review,'' dated January 27, 2021;
see also Memorandum, ``Common Alloy Aluminum Sheet from China, 2018-
2020: Extension of Time Limit for Preliminary Results of Antidumping
Duty Administrative Review,'' dated June 2, 2021. However, on June
17, 2021, the President signed into law the Juneteenth National
Independence Day Act, making June 19 a Federal holiday. See
Juneteenth National Independence Day Act, S. 475, Public Law 117-17
(2021). Because the Federal holiday fell on a Saturday, it was
observed on Friday, June 18, 2021. Where a deadline falls on a
weekend or Federal holiday, the appropriate deadline is the next
business day. See Notice of Clarification: Application of ``Next
Business Day'' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10,
2005). Accordingly, the deadline for these preliminary results is on
June 21, 2021.
---------------------------------------------------------------------------
On June 10, 2020, Commerce selected two exporters and/or producers
for individual examination as mandatory respondents, Henan Mingtai
Aluminum Industrial/Zhengzhou Mingtai Industry Co., Ltd. (collectively,
Mingtai), and Jiangyin New Alumax Composite Material (Jiangyin New
Alumax).\4\ By the deadline for section A questionnaire responses, July
21, 2020, neither mandatory respondent had submitted a section A
questionnaire response. By the deadline for section C-E questionnaire
responses, August 6, 2020, neither mandatory respondent had submitted a
section C-E questionnaire response. Additionally, on August 18, 2020,
Mingtai filed a notice of its intent not to participate in this
administrative review.\5\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Antidumping Duty Administrative Review of
Common Alloy Aluminum Sheet from the People's Republic of China:
Respondent Selection,'' dated June 10, 2020.
\5\ See Mingtai's Letter, ``Common Alloy Aluminum Sheet from the
People's Republic of China: Mingtai Notice of Intent Not to
Participate,'' dated August 18, 2020.
---------------------------------------------------------------------------
Because neither Mingtai nor Jiangyin New Alumax responded to
Commerce's antidumping questionnaire, on September 28, 2020, Commerce
selected Jiangsu Alcha Aluminum Co., Ltd. (Jiangsu Alcha) as an
additional mandatory respondent.\6\ During the course of this review,
Jiangsu Alcha filed responses to Commerce's questionnaires and
supplemental questionnaires, and the Aluminum Association Common Alloy
Aluminum Sheet Trade Enforcement Working Group and its individual
members \7\ (the petitioner) commented on those responses.
Additionally, multiple companies for which Commerce initiated the
review filed either no-shipment claims or applications for separate
rate status. For details regarding the events that occurred subsequent
to the initiation of the review, see the Preliminary Decision
Memorandum.\8\ A list of topics discussed in the Preliminary Decision
Memorandum is included as an Appendix to this notice.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Common Alloy Aluminum Sheet from the People's Republic
of China: Selection of Additional Respondent for Individual
Examination,'' dated September 28, 2020.
\7\ The individual members of the Aluminum Association Common
Alloy Aluminum Sheet Trade Enforcement Working Group are: Arconic
Corporation, Commonwealth Rolled Products, Inc., Constellium Rolled
Products Ravenswood, LLC, Jupiter Aluminum Corporation, JW Aluminum
Company, and Novelis Corporation.
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2018-2020 Antidumping Duty Administrative Review of
Common Alloy Aluminum Sheet from the People's Republic of China,''
issued concurrently with and hereby adopted by this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
The Preliminary Decision Memorandum is a public document and is
made available to the public 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. In addition, a complete version of the Preliminary
Decision Memorandum can be found at https://enforcement.trade.gov/frn/.
Scope of the Order
The merchandise covered by the order is common alloy aluminum sheet
from China. For a complete description of the scope of the order, see
the Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
We found no evidence calling into question the no shipment claims
by Teknik Aluminyum Sanayi A.S. and Companhia Brasileira de Aluminio;
therefore, we preliminarily find that these companies had no shipments
of subject merchandise to the United States during the POR. For
additional information regarding these preliminary determinations, see
the Preliminary Decision Memorandum.
Partial Recission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties that
requested a review withdraw their requests within 90 days of the
publication date of the notice of initiation of the requested review.
All parties timely withdrew their requests for administrative review of
the following companies: (1) Multipanel UK Ltd., (2) Alumax Composite
Material (Jiangyin) Co., Ltd., (3) Chalco Ruimin Co., (4) Granges
Aluminum (Shanghai) Co., Ltd., (5) Henan Founder Beyond Industry Co.,
Ltd., (6) Henan Jinyang Luyue Co., Ltd., (7) Henan Xintai Aluminum
Industry Co., Ltd., (8) Henan Zhongyuan Aluminum Co., Ltd., (9) Huafon
Nikkei Aluminum Corporation, (10) Jiangsu Lidao New Material Co., Ltd.,
(11) Jiangsu Zhong He Aluminum Co., Ltd., (12) Jiangyin Litai
Ornamental Materials Co., Ltd., (13) Luoyang Xinlong Aluminum Co.,
Ltd., (14) Shandong Fuhai Industrial Co., Ltd., (15) Shandong Nanshan
Aluminum Co.,
[[Page 33642]]
Ltd., (16) Shanghai Dongshuo Metal Trade Co., Ltd., (17) Tianjin
Zhongwang Aluminum Co., Ltd., (18) Xiamen Xiashun Aluminum Foil Co.,
Ltd., (19) Yantai Jintai International Trade Co., Ltd., and (20)
Zhengzhou Silverstone Limited. Accordingly, Commerce is rescinding this
review with respect to these companies, in accordance with 19 CFR
351.213(d)(1). For additional information regarding the rescission of
Commerce's administrative reviews, see the Preliminary Decision
Memorandum.
Preliminary Affiliation and Single Entity Determination
We have determined that Jiangsu Alcha, Alcha International, and
Baotou Alcha Aluminum Co., Ltd. (Baotou Alcha) are affiliated entities
pursuant to section 771(33)(F) of the Tariff Act of 1930, as amended
(the Act). We have also determined that Jiangsu Alcha and Baotou Alcha
Aluminum Co., Ltd. (Baotou Alcha) should be treated as a single entity
pursuant to 19 CFR 351.401(f)(1)-(2). For additional information, see
the Affiliation Memorandum.\9\
---------------------------------------------------------------------------
\9\ See Memorandum, ``Preliminary Affiliation and Collapsing
Memorandum: Common Alloy Aluminum Sheet from China,'' dated
concurrently with this notice (Affiliation Memorandum).
---------------------------------------------------------------------------
Separate Rates
We have preliminarily determined that the information placed on the
record by Jiangsu Alcha, Alcha International (collectively, Alcha
Group), and Yinbang Clad Material Co., Ltd. (Yinbang Clad) demonstrates
that these companies are eligible for a separate rate. We have also
preliminarily determined that Choil Aluminum Co., Ltd.; Jiangyin New
Alumax; Mingtai; PMS Metal Profil Aluminyum San. Ve Tic. A.S. Demirtas
Organize Sanayi Bolgesi; and United Metal Coating LLC have not
demonstrated their eligibility for a separate rate because they did not
file separate rate applications or certifications with Commerce.
Therefore, we are treating these companies as part of the China-wide
entity. Because no party requested a review of the China-wide entity,
the entity is not under review and the entity's rate (i.e., 59.72
percent) is not subject to change.\10\
---------------------------------------------------------------------------
\10\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019).
---------------------------------------------------------------------------
For additional information regarding Commerce's preliminary
separate rates determinations, see the Preliminary Decision Memorandum.
Dumping Margins for Separate Rate Companies
The statute and Commerce's regulations do not address what rate to
apply to respondents not selected for individual examination when
Commerce limits its examination in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation, for guidance when calculating the
rate for non-selected respondents that are not examined individually in
an administrative review. Section 735(c)(5)(A) of the Act states that
the all-others rate should be calculated by averaging the weighted-
average dumping margins for individually examined respondents,
excluding rates that are zero, de minimis, or based entirely on facts
available. Where the rates for the individually examined companies are
all zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method'' to establish the all-others rate. In this review, we
calculated a rate for Alcha Group that is not zero, de minimis, or
based entirely on facts available. Therefore, we have assigned this
rate to the companies not selected for individual examination but that
are eligible for a separate rate.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Act. Commerce calculated export and
constructed export prices in accordance with section 772 of the Act.
Because Commerce has determined that China is a nonmarket economy
country,\11\ within the meaning of section 771(18) of the Act, Commerce
calculated normal value in accordance with section 773(c) of the Act.
---------------------------------------------------------------------------
\11\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing
Memorandum, ``China's Status as a Non-Market Economy,'' dated
October 26, 2017), unchanged in Certain Aluminum Foil from the
People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 83 FR 9282 (March 5, 2018).
---------------------------------------------------------------------------
For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We are preliminarily assigning the following dumping margins to the
firms listed below for the period June 22, 2018, through January 31,
2020:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Jiangsu Alcha Aluminum Co., Ltd./Alcha International 143.30
Holdings Limited...........................................
Yinbang Clad Material Co., Ltd.............................. 143.30
China-Wide Entity \12\...................................... 59.72
------------------------------------------------------------------------
Disclosure and Public Comment
---------------------------------------------------------------------------
\12\ As noted above, the China-Wide Entity is not subject to
this review. However, in this review we have preliminarily
determined that the following companies under review are now part of
the China-Wide Entity: (1) Choil Aluminum Co., Ltd.; (2) Henan
Mingtai Al Industrial Co., Ltd.; (3) Jiangyin New Alumax Composite
Material Co., Ltd.; (4) PMS Metal Profil Aluminyum San. Ve Tic. A.S.
Demirtas Organize Sanayi Bolgesi; (5) United Metal Coating LLC; and
(6) Zhengzhou Mingtai Industry Co., Ltd.
---------------------------------------------------------------------------
Commerce intends to disclose to parties to the proceeding the
calculations performed for these preliminary results of review within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b). Interested parties may
submit case briefs no later than 30 days after the date of publication
of these preliminary results of review in the Federal Register.\13\
Rebuttal briefs may be filed no later than seven days after case briefs
are due and may respond only to arguments raised in the case
briefs.\14\ A table of contents, list of authorities used, and an
executive summary of issues should accompany any briefs submitted to
Commerce. The summary should be limited to five pages total, including
footnotes.\15\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.309(c)(ii).
\14\ See 19 CFR 351.309(d).
\15\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice in the Federal Register.\16\ Requests
should contain the party's name, address, and telephone number, the
number of individuals from the requesting party's firm that will attend
the hearing, and a list of the issues the party intends to discuss at
the hearing. Oral arguments at the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at a date and time to be determined.\17\
Parties should confirm by telephone the
[[Page 33643]]
date and time of the hearing two days before the scheduled date of the
hearing.
---------------------------------------------------------------------------
\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
All submissions, with limited exceptions, must be filed
electronically using ACCESS.\18\ An electronically filed document must
be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due
date.\19\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\20\ Unless otherwise extended,
Commerce intends to issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any briefs, within 120 days of publication of these preliminary
results of review in the Federal Register, pursuant to section
751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
\18\ See generally 19 CFR 351.303.
\19\ See 19 CFR 351.303 (for general filing requirements); see
also Antidumping and Countervailing Duty Proceedings: Electronic
Filing Procedures; Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
\20\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020); see also Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\21\ Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after date of publication of the final results of
this review in the Federal Register. If a timely summons is filed at
the U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
---------------------------------------------------------------------------
\21\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
For each individually examined respondent in this review whose
weighted-average dumping margin in the final results of review is not
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to
calculate importer/customer-specific assessment rates, in accordance
with 19 CFR 351.212(b)(1).\22\ Where the respondent reported reliable
entered values, Commerce intends to calculate importer/customer-
specific ad valorem assessment rates by aggregating the amount of
dumping calculated for all U.S. sales to the importer/customer and
dividing this amount by the total entered value of the merchandise sold
to the importer/customer.\23\ Where the respondent did not report
entered values, Commerce will calculate importer/customer-specific
assessment rates by dividing the amount of dumping for reviewed sales
to the importer/customer by the total quantity of those sales. Commerce
will calculate an estimated ad valorem importer/customer-specific
assessment rate to determine whether the per-unit assessment rate is de
minimis; however, Commerce will use the per-unit assessment rate where
entered values were not reported.\24\ Where an importer/customer-
specific ad valorem assessment rate is not zero or de minimis, Commerce
will instruct CBP to collect the appropriate duties at the time of
liquidation. Where either the respondent's weighted average dumping
margin is zero or de minimis, or an importer/customer-specific ad
valorem assessment rate is zero or de minimis, Commerce will instruct
CBP to liquidate appropriate entries without regard to antidumping
duties.\25\
---------------------------------------------------------------------------
\22\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
\23\ See 19 CFR 351.212(b)(1).
\24\ Id.
\25\ See Final Modification, 77 FR at 8103.
---------------------------------------------------------------------------
For the respondents that were not selected for individual
examination in this administrative review, but which qualified for a
separate rate, the assessment rate will be based on the weighted-
average dumping margin(s) assigned to the respondent(s), as
appropriate, in the final results of this review.\26\
---------------------------------------------------------------------------
\26\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: 2014-2015, 81
FR 29528 (May 12, 2016), and accompanying IDM at 10-11, unchanged in
Drawn Stainless Steel Sinks from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; Final
Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15,
2016).
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Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by an exporter
individually examined during this review, Commerce will instruct CBP to
liquidate the entry of such merchandise at the dumping margin for the
China-wide entity.\27\ Additionally, where Commerce determines that an
exporter under review had no shipments of subject merchandise to the
United States during the POR, any suspended entries of subject
merchandise that entered under that exporter's CBP case number during
the POR will be liquidated at the dumping margin for the China-wide
entity.
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\27\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
Commerce will instruct CBP to require a cash deposit for
antidumping duties equal to the weighted-average amount by which the
normal value exceeds U.S. price. The following cash deposit
requirements will be effective for shipments of the subject merchandise
from China entered, or withdrawn from warehouse, for consumption on or
after the publication date of this notice in the Federal Register, as
provided by section 751(a)(2)(C) of the Act: (1) For the exporters
listed in the table above, the cash deposit rate will be equal to the
weighted-average dumping margin established in the final results of
this review for the exporter (except, if the dumping margin is de
minimis (i.e., less than 0.5 percent), then the cash deposit rate will
be zero for that exporter); (2) for previously investigated or reviewed
Chinese and non-Chinese exporters that are not listed in the table
above but that have separate rates, the cash deposit rate will continue
to be the exporter-specific rate established in the most recently
completed segment of this proceeding; (3) for all Chinese exporters of
subject merchandise which have not been found to be entitled to a
separate rate, the cash deposit rate will be the rate for the China-
wide entity (i.e., 59.72 percent) \28\ and (4) for all non-Chinese
exporters of subject merchandise that have not received their own rate,
the cash deposit rate will be the rate applicable to the China exporter
that supplied that non-Chinese exporter. These deposit requirements,
when imposed, shall remain in effect until further notice.
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\28\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019).
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Notification to Importers
This notice also 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
[[Page 33644]]
antidumping duties and/or countervailing 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 and/or countervailing duties has occurred, and
the subsequent assessment of double antidumping duties and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: June 21, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix--List of Sections in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Preliminary Determination of No Shipments
VI. Preliminary Successor-In-Interest Determination
VII. Affiliation
VIII. Discussion of Methodology
IX. Adjustment Under Section 777A of the Act
X. Currency Conversion
XI. Recommendation
[FR Doc. 2021-13546 Filed 6-24-21; 8:45 am]
BILLING CODE 3510-DS-P