Common Alloy Aluminum Sheet From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review, 2018-2020, 6504-6506 [2022-02351]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Notices]
[Pages 6504-6506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02351]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-073]


Common Alloy Aluminum Sheet From the People's Republic of China: 
Amended Final Results of Antidumping Duty Administrative Review, 2018-
2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is amending the final 
results of the administrative review of the antidumping duty order on 
common alloy aluminum sheet from the People's Republic of China to 
correct ministerial errors. The period of review (POR) is June 22, 
2018, through January 31, 2020.

DATES: Applicable February 4, 2022.

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.

Background

    On December 27, 2021, Commerce disclosed its calculations for the 
Final Results \1\ to interested parties.\2\ On January 3, 2022, the 
domestic industry \3\ submitted an allegation of ministerial errors in 
the Final Results.\4\ No other party made an allegation of ministerial 
errors or submitted a reply to the domestic industry's ministerial 
error allegation.
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    \1\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review, 
Final Successor-In-Interest Determination, and Final Determination 
of No Shipments; 2018-2020, 86 FR 74066 (December 29, 2021) (Final 
Results).
    \2\ See Memorandum, ``Common Alloy Aluminum Sheet from the 
People's Republic of China, 2018-2020: Final Results Disclosure,'' 
dated December 27, 2021.
    \3\ The domestic industry is the Aluminum Association Common 
Alloy Aluminum Sheet Trade Enforcement Working Group and its 
individual members.
    \4\ See Domestic Industry's Letter, ``1st Administrative Review 
of the Antidumping Order on Common Alloy Aluminum Sheet from the 
People's Republic of China--Domestic Industry's Comments Identifying 
a Ministerial Error in Final Results,'' dated January 3, 2022.
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Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), 
defines a ``ministerial error'' as including ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other 
unintentional error which the administering authority considers 
ministerial.'' With respect to final results of administrative reviews, 
19 CFR 351.224(e) provides that Commerce ``will analyze any comments 
received and, if appropriate, correct any ministerial error by amending 
. . . the final results of review . . .''

Ministerial Error

    Commerce agrees with the domestic industry that Commerce made 
inadvertent, unintentional errors in the Final Results within the 
meaning of section 751(h) of the Act and 19 CFR 351.224(f) with respect 
to its calculation of financial ratios from the financial statement of 
Alcomet A.B. used in the calculation of normal value for respondent, 
Jiangsu Alcha Aluminum Co., Ltd., Baotou Alcha Aluminum Co., Ltd., and 
Alcha International Holdings Limited (collectively, Alcha). 
Accordingly, Commerce determines that, in accordance with section 
751(h) of the Act and 19 CFR 351.224(f), it made ministerial errors in 
the Final Results.
    For a complete discussion of the ministerial error allegation, as 
well as Commerce's analysis, see the accompanying Ministerial Error 
Memorandum.\5\ The Ministerial Error Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and

[[Page 6505]]

Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov.
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    \5\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Common Alloy Aluminum Sheet from the People's Republic 
of China: Ministerial Error Allegation in the Final Results,'' dated 
concurrently with this notice (Ministerial Error Memorandum).
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    Pursuant to 19 CFR 351.224(e), Commerce is amending the Final 
Results to reflect the correction of a ministerial error in the 
calculation of the weighted-average dumping margin assigned to Alcha in 
the Final Results, which changes from 56.93 percent to 58.61 percent. 
Furthermore, we are revising the dumping margin applicable to the 
company not selected for individual examination in this administrative 
review, Yinbang Clad Material Co., Ltd. (Yinbang Clad), which is based 
entirely on Alcha's weighted-average dumping margin.\6\
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    \6\ See Final Results, 86 FR at 74067.
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Amended Final Results

    As a result of correcting the ministerial errors, Commerce 
determines that the following weighted-average dumping margins exist 
for the period June 22, 2018, through January 31, 2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Jiangsu Alcha Aluminum Co., Ltd.\7\/Baotou Alcha Aluminum          58.61
 Co., Ltd./Alcha International Holdings Limited.............
Yinbang Clad Material Co., Ltd..............................       58.61
------------------------------------------------------------------------

Disclosure
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    \7\ For the purposes of this review, we have considered the 
names Jiangsu Alcha Aluminum Co., Ltd. and Jiangsu Alcha Aluminium 
Co., Ltd., as equivalent.
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    We intend to disclose the calculations performed to parties in this 
proceeding within five days after publication of these amended final 
results in the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with these amended final results of review. 
We intend to issue assessment instructions to CBP no earlier than 35 
days after the date of publication of these final results. 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).
    Where Alcha reported reliable entered values, we calculated 
importer- (or customer-) specific ad valorem rates by aggregating the 
dumping margins calculated for all U.S. sales to each importer (or 
customer) and dividing this amount by the total entered value of the 
sales to each importer (or customer).\8\ Where Commerce calculated a 
weighted-average dumping margin by dividing the total amount of dumping 
for reviewed sales to that party by the total sales quantity associated 
with those transactions, Commerce will direct CBP to assess importer- 
(or customer-) specific assessment rates based on the resulting per-
unit rates.\9\ Where an importer- (or customer-) specific ad valorem or 
per-unit rate is greater than de minimis (i.e., 0.50 percent), Commerce 
will instruct CBP to collect the appropriate duties at the time of 
liquidation.\10\ Where an importer- (or customer-) specific ad valorem 
or per-unit rate is zero or de minimis, Commerce will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\11\
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    \8\ See 19 CFR 351.212(b)(1).
    \9\ Id.
    \10\ Id.
    \11\ See 19 CFR 351.106(c)(2).
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    For the non-selected respondent that received a separate rate, 
Yinbang Clad, we will instruct CBP to apply an antidumping duty 
assessment rate of 58.61 percent to all entries of subject merchandise 
that entered the United States during the POR. For the companies that 
we determined had no reviewable entries of the subject merchandise in 
this review period, any suspended entries that entered under those 
exporters' case numbers (i.e., at the exporters' rates) will be 
liquidated at the China-wide rate, i.e., 59.72 percent.\12\ For all 
other companies, we will instruct CBP to apply the antidumping duty 
assessment rate of the China-wide entity to all entries of subject 
merchandise exported by these companies.\13\
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    \12\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
    \13\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 19730, 19731 (April 8, 2020) (``All 
firms listed below that wish to qualify for separate rate status in 
the administrative reviews involving NME countries must complete, as 
appropriate, either a separate rate application or certification, as 
described below.'').
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) For subject merchandise exported 
by the companies listed above that have separate rates, the cash 
deposit rate will be the rate established in these final results of 
review for each exporter as listed above; (2) for previously 
investigated or reviewed Chinese and non-Chinese exporters not listed 
above that received a separate rate in a prior segment of this 
proceeding, except for the companies which lost their separate rate 
eligibility in this review, the cash deposit rate will continue to be 
the existing exporter-specific rate; (3) for all Chinese exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, or lost their separate rate eligibility in this review, 
the cash deposit rate will be that for the China-wide entity; and (4) 
for all non-Chinese exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the Chinese 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 final 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 review period. 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.

Notification Regarding Administrative Protective Order

    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 return/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.

[[Page 6506]]

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: January 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-02351 Filed 2-3-22; 8:45 am]
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