Common Alloy Aluminum Sheet From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2020-2021, 54975-54977 [2022-19342]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
and demographic diversity. The
Secretary shall appoint to the
Committee at least one individual
representing each of the following:
a. Civil nuclear manufacturing and
services companies;
b. small businesses;
c. utilities;
d. trade associations in the civil
nuclear sector;
e. research institutions and
universities; and
f. private sector organizations or other
appropriate civil society groups, such as
labor representatives, involved in
strengthening the export
competitiveness of U.S. civil nuclear
products and services.
Members shall serve in a
representative capacity, expressing the
views and interests of a U.S. entity, as
well as its particular subsector; they are,
therefore, not Special Government
Employees as defined in Title 18 of
United States Code, section 202(a). Each
member of the Committee must be a
U.S. citizen and must not be registered
as a foreign agent under the Foreign
Agents Registration Act. No member
may represent a U.S. entity that is
majority owned or controlled by a
foreign government entity (or foreign
government entities). The Secretary of
Commerce invites applications for the
CINTAC, consistent with the above
membership requirements. To be
considered for membership, submit the
following information (2 pages
maximum) by 5:00 p.m. EDT on
September 23, 2022, to the email listed
in the ADRRESSES section. If you are
interested in nominating someone to
become a member of the CINTAC,
please provide the following
information (2 pages maximum):
(1) Name;
(2) Title;
(3) Work phone and email address;
(4) Name of entity to be represented
and address including website address;
(5) Short biography of nominee
including credentials;
(6) Brief description of the entity and
its business activities, size (number of
employees and annual sales), and export
markets served; and,
(7) An affirmative statement that the
applicant and entity to be represented
meet all eligibility criteria, specifically
addressing that the applicant:
(a) Is a U.S. citizen; and
(b) Is not required to register as a
foreign agent under the Foreign Agents
Registration Act of 1938, as amended.
Please do not send organization
brochures or any other information.
All applications should be submitted
in pdf or MS Word format via email to
Jonathan Chesebro, Senior Nuclear
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18:19 Sep 07, 2022
Jkt 256001
Trade Specialist at the U.S. Department
of Commerce’s Office of Energy &
Environmental Industries at
jonathan.chesebro@trade.gov.
Nominees selected for appointment to
the Committee will be notified by email.
Dated: August 29, 2022.
Man K. Cho,
Deputy Director, Office of Energy and
Environmental Industries.
[FR Doc. 2022–19395 Filed 9–7–22; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–073]
Common Alloy Aluminum Sheet From
the People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain companies under review sold
common alloy aluminum sheet
(aluminum sheet) from the People’s
Republic of China (China) at less than
normal value during the period of
review (POR) February 1, 2020, through
January 31, 2021.
DATES: Applicable September 8, 2022.
FOR FURTHER INFORMATION CONTACT:
Frank Schmitt, 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.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the Preliminary
Results of this administrative review on
March 4, 2022.1 After publication of the
Preliminary Results, interested parties
filed case and rebuttal briefs.2 On June
1 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Reviews; 2020–
2021 (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Aluminum Association Common Alloy
Aluminum Sheet Trade Enforcement Working
Group (Domestic Industry)’s Letter, ‘‘Domestic
Industry’s Case Brief,’’ dated April 5, 2022; see also
Jiangsu Alcha Aluminum Group Co., Ltd. and its
affiliates (collectively, Alcha)’s Letter, ‘‘Common
Alloy Aluminum Sheet from the People’s Republic
of China: Alcha Group’s Case Brief,’’ dated April 4,
2022; Domestic Industry’s Letter, ‘‘Domestic
Industry’s Rebuttal Case Brief Concerning Jiangsu
Alcha Aluminum Co., Ltd,’’ dated April 13, 2022;
and Alcha’s Letter, ‘‘Common Alloy Aluminum
Sheet from the People’s Republic of China: Alcha’s
Rebuttal Brief,’’ dated April 13, 2022.
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54975
15, 2022, we extended the deadline for
these final results until August 23,
2022.3 On August 19, 2022, we
extended the deadline for these final
results until August 31, 2022.4 For a full
summary of the events that occurred
since Commerce published the
Preliminary Results, see the Issues and
Decision Memorandum.5 Commerce
conducted this review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act).
Scope of the Order 6
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 Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by interested parties
are addressed in the Issues and Decision
Memorandum. A list of these issues is
attached to this notice.7 The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be found at https://
access.trade.gov/public/FRNotices
ListLayout.aspx.
Changes From the Preliminary Results
Based on our analysis of the record
and the comments received from
interested parties, we made certain
changes to a surrogate value unit of
measure conversion and to the
calculation of surrogate financial ratios.
Additionally, we changed the surrogate
value used for the purchased recycled
aluminum input. For a discussion of
these changes, see the Issues and
Decision Memorandum.
3 See Memorandum, ‘‘2020–2021 Administrative
Review of the Antidumping Duty Order on
Common Alloy Aluminum Sheet from the People’s
Republic of China: Extension of Deadline for Final
Results,’’ dated June 15, 2022.
4 See Memorandum, ‘‘2020–2021 Administrative
Review of the Antidumping Duty Order on
Common Alloy Aluminum Sheet from the People’s
Republic of China: Extension of Deadline for Final
Results,’’ dated August 19, 2022.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Common Alloy Aluminum Sheet from the
People’s Republic of China; 2020–2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
6 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Antidumping Duty
Order, 84 FR 2813 (February 8, 2019) (Order).
7 See appendix.
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54976
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
Separate Rates
In the Preliminary Results, Commerce
determined that Jiangsu Alcha
Aluminum Group Co., Ltd. (Jiangsu
Alcha), Alcha International Holdings
Limited (Alcha International), and
Yinbang Clad Material Co., Ltd.
(Yinbang Clad) are eligible for a separate
rate.8 No interested parties submitted
comments on Commerce’s preliminary
separate rate determinations. For these
final results, taking into account
Commerce’s previous single entity
determination,9 we continue to
determine that the single entity of
Jiangsu Alcha, Alcha International,
Baotou Alcha Aluminum Co., Ltd.
(Baotou Alcha) (collectively, Alcha), is
eligible for a separate rate, as is Yinbang
Clad.
khammond on DSKJM1Z7X2PROD with NOTICES
Rate for Non-Examined Separate Rate
Respondents
The statute and our regulations do not
address the establishment of a rate to be
assigned to respondents not selected for
individual examination when we limit
our examination of companies subject to
the administrative review pursuant to
section 777A(c)(2)(B) of the Act.
Generally, Commerce looks to section
735(c)(5) of the Act, which provides
instructions for calculating the allothers rate in an investigation, for
guidance when calculating the rate for
respondents not individually examined
in an administrative review. Section
735(c)(5)(A) of the Act states that the allothers rate is normally ‘‘an amount
equal to the weighted average of the
estimated weighted average dumping
margins established for exporters and
producers individually investigated,
excluding any zero and de minimis
margins, and any margins determined
entirely {on the basis of facts
available}.’’ When the rates for
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.
For these final results, we calculated
a weighted-average dumping margin
8 See Preliminary Results, 87 FR at 12432; see also
Preliminary Results PDM at 5–8.
9 In the 2018–2020 administrative review of this
antidumping order, Commerce determined that
Jiangsu Alcha Aluminum Co., Ltd., Baotou Alcha
and Alcha International should be treated as a
single entity. Additionally, Commerce determined
that Jiangsu Alcha Aluminum Group Co., Ltd. is the
successor-in-interest to Jiangsu Alcha Aluminum
Co., Ltd. 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).
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18:19 Sep 07, 2022
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that is not zero, de minimis, or
determined entirely on the basis of facts
available for Alcha. Accordingly,
consistent with our Preliminary Results,
Commerce has assigned Yinbang Clad,
the sole separate rate respondent that
was not selected for individual
examination, a margin of 51.50 percent,
Alcha’s calculated weighted-average
dumping margin, for these final results.
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 final results of
review. We intend to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of
The China-Wide Entity
these final results. If a timely summons
In accordance with Commerce
is filed at the U.S. Court of International
policy,10 because no party requested a
Trade, the assessment instructions will
review of the China-wide entity, and
direct CBP not to liquidate relevant
Commerce did not self-initiate a review
entries until the time for parties to file
of the entity, the China-wide entity is
a request for a statutory injunction has
not under review, and the dumping
expired (i.e., within 90 days of
margin assigned to the China-wide
publication).
Where Alcha reported reliable entered
entity (i.e., 59.72 percent) is not subject
values, we calculated importer- (or
to change.11 Commerce does not
customer-) specific ad valorem rates by
consider any company under review as
aggregating the dumping margins
part of the China-wide entity because
calculated for all U.S. sales to each
every company under review
importer (or customer) and dividing this
demonstrated separate rate eligibility.
amount by the total entered value of the
Final Results of Administrative Review sales to each importer (or customer).13
Where Commerce calculated a
For the companies subject to this
weighted-average dumping margin by
administrative review that established
dividing the total amount of dumping
their eligibility for a separate rate,
for reviewed sales to that party by the
Commerce determines that the
total sales quantity associated with
following weighted-average dumping
those transactions, Commerce will
margins exist for the period February 1,
direct CBP to assess importer- (or
2020, through January 31, 2021:
customer-) specific assessment rates
14
Weighted- based on the resulting per-unit rates.
Where an importer- (or customer-)
average
Exporter
dumping
specific ad valorem or per-unit rate is
margin
greater than de minimis (i.e., 0.50
(percent)
percent), Commerce will instruct CBP to
collect the appropriate duties at the time
Jiangsu Alcha Aluminum Co.,
of liquidation.15 Where an importer- (or
Ltd.12/Baotou Alcha Aluminum
customer-) specific ad valorem or perCo., Ltd./Alcha International
Holdings Limited .....................
51.50 unit rate is zero or de minimis,
Commerce will instruct CBP to liquidate
Non-Selected Company Under Review
appropriate entries without regard to
Receiving a Separate Rate
antidumping duties.16
For the non-selected respondent that
Yinbang Clad Material Co., Ltd ..
51.50
received a separate rate, Yinbang Clad,
we will instruct CBP to apply an
Disclosure
antidumping duty assessment rate of
Pursuant to 19 CFR 351.224(b), within 51.50 percent to all entries of subject
merchandise that entered the United
five days of the publication of this
States during the POR.
notice in the Federal Register, we will
disclose to the parties in this
Cash Deposit Requirements
proceeding, the calculations that we
The following cash deposit
performed for these final results of
requirements will be effective upon
review.
publication of the final results of this
review for shipments of the subject
10 See Antidumping Proceedings: Announcement
merchandise from China entered, or
of Change in Department Practice for Respondent
withdrawn from warehouse, for
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
consumption on or after the publication
Entity in NME Antidumping Duty Proceedings, 78
date, as provided by section 751(a)(2)(C)
FR 65963, 65969–70 (November 4, 2013).
11 See
Order, 84 FR at 2814.
the purposes of this review, we have
considered the names Jiangsu Alcha Aluminum Co.,
Ltd. and Jiangsu Alcha Aluminium Co., Ltd., as
equivalent.
12 For
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13 See
19 CFR 351.212(b)(1).
14 Id.
15 Id.
16 See
E:\FR\FM\08SEN1.SGM
19 CFR 351.106(c)(2).
08SEN1
Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
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,
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, the cash
deposit rate will be that for the Chinawide 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.
Reimbursement of Duties
This notice also serves as the 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 the 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.
khammond on DSKJM1Z7X2PROD with NOTICES
Notification to Importers
This notice 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 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 Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or destruction of APO
materials, or conversion to judicial
protective order, is hereby requested.
VerDate Sep<11>2014
18:19 Sep 07, 2022
Jkt 256001
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
These final results of review are
issued and published in accordance
with sections 751(a) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(5).
Dated: August 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1–A: Selection of Surrogate
Country
Comment 1–B: Selection of Surrogate
Financial Statement
Comment 2: Application of Partial Adverse
Facts Available (AFA)
Comment 3: Partial AFA Methodology
Comment 4: Double Remedies Adjustment
Comment 5: Selection of Surrogate Values
(SV) for Recycled Aluminum and
Aluminum Scrap
Comment 6: Selection of Surrogate
Distance of North American Inland Train
Freight
Comment 7: Selection of SV for Ocean
Freight
Comment 8: Unit Conversion in the
Calculation of the SV for North
American Inland Train Freight
Comment 9: Valuation of Domestic Inland
Freight for Factors of Production (FOP)
VI. Recommendation
[FR Doc. 2022–19342 Filed 9–7–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–502]
Circular Welded Carbon Steel Pipes
and Tubes From Thailand: Notice of
Court Decision Not in Harmony With
Final Scope Ruling and Notice of
Amended Final Scope Ruling Pursuant
to Court Decision
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 25, 2022, the U.S.
Court of International Trade (CIT)
issued its final judgment in Saha Steel
Pipe Public Company, Ltd v. United
States, Court No. 20–00133, Slip Op.
22–99 (Saha Steel), sustaining the
Department of Commerce (Commerce)’s
final results of redetermination
pertaining to the scope ruling for the
AGENCY:
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54977
antidumping duty (AD) order on
circular welded carbon steel pipes and
tubes (CWP) from Thailand. In the
redetermination, Commerce found that
dual-stenciled standard pipe and line
pipe are outside the scope of the order,
pursuant to the CIT’s remand order in
Saha Thai Steel Pipe Public Company
Ltd v. United States, 547 F. Supp. 3d
1278 (CIT Oct. 6, 2021) (Remand Order).
Commerce is notifying the public that
the CIT’s final judgment is not in
harmony with Commerce’s final scope
ruling, and that Commerce is amending
the scope ruling to find that dualstenciled standard pipe and line pipe
are outside the scope of the order.
DATES: Applicable September 4, 2022.
FOR FURTHER INFORMATION CONTACT: Leo
Ayala, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3945.
SUPPLEMENTARY INFORMATION:
Background
On June 30, 2020, in its Final Scope
Ruling, Commerce found that dualstenciled standard pipe and line pipe,
products which are stenciled as meeting
industry standards for both standard
pipe and line pipe, are within the scope
of the AD order on CWP from
Thailand.1 Commerce also found that
line pipe, which is not dual-stenciled as
standard pipe and line pipe, is not
within the scope of the Order.2
Saha Thai Steel Pipe Public Company
Ltd. appealed Commerce’s Final Scope
Ruling with respect to its determination
on dual-stenciled standard pipe and line
pipe. On October 6, 2021, the CIT
remanded the Final Scope Ruling to
Commerce to conduct an analysis that
reconsidered the sources listed in 19
CFR 351.225(k)(1) to determine whether
dual-stenciled pipe, which is certified
for use in standard pipe or line pipe
applications, falls within the scope of
the Order.3 In accordance with the CIT’s
analysis and conclusions, Commerce
issued its final results of
redetermination, submitted to the CIT
on April 22, 2022, in which Commerce,
under protest, concluded that dualstenciled standard pipe and line pipe
1 See Memorandum, ‘‘Antidumping Duty Order
on Circular Welded Carbon Steel Pipes and Tubes
from Thailand: Final Scope Ruling on Line Pipe
and Dual-Stenciled Standard and Line Pipe,’’ dated
June 30, 2020 (Final Scope Ruling). See also
Antidumping Duty Order; Circular Welded Carbon
Steel Pipes and Tubes from Thailand, 51 FR 8341
(March 11, 1986) (Order).
2 See Final Scope Ruling.
3 See Remand Order.
E:\FR\FM\08SEN1.SGM
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Agencies
[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54975-54977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19342]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-073]
Common Alloy Aluminum Sheet From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain companies under review sold common alloy aluminum sheet
(aluminum sheet) from the People's Republic of China (China) at less
than normal value during the period of review (POR) February 1, 2020,
through January 31, 2021.
DATES: Applicable September 8, 2022.
FOR FURTHER INFORMATION CONTACT: Frank Schmitt, 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.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review on March 4, 2022.\1\ After publication of the Preliminary
Results, interested parties filed case and rebuttal briefs.\2\ On June
15, 2022, we extended the deadline for these final results until August
23, 2022.\3\ On August 19, 2022, we extended the deadline for these
final results until August 31, 2022.\4\ For a full summary of the
events that occurred since Commerce published the Preliminary Results,
see the Issues and Decision Memorandum.\5\ Commerce conducted this
review in accordance with section 751(a) of the Tariff Act of 1930, as
amended (the Act).
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Preliminary Results of Antidumping Duty Administrative
Reviews; 2020-2021 (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Aluminum Association Common Alloy Aluminum Sheet Trade
Enforcement Working Group (Domestic Industry)'s Letter, ``Domestic
Industry's Case Brief,'' dated April 5, 2022; see also Jiangsu Alcha
Aluminum Group Co., Ltd. and its affiliates (collectively, Alcha)'s
Letter, ``Common Alloy Aluminum Sheet from the People's Republic of
China: Alcha Group's Case Brief,'' dated April 4, 2022; Domestic
Industry's Letter, ``Domestic Industry's Rebuttal Case Brief
Concerning Jiangsu Alcha Aluminum Co., Ltd,'' dated April 13, 2022;
and Alcha's Letter, ``Common Alloy Aluminum Sheet from the People's
Republic of China: Alcha's Rebuttal Brief,'' dated April 13, 2022.
\3\ See Memorandum, ``2020-2021 Administrative Review of the
Antidumping Duty Order on Common Alloy Aluminum Sheet from the
People's Republic of China: Extension of Deadline for Final
Results,'' dated June 15, 2022.
\4\ See Memorandum, ``2020-2021 Administrative Review of the
Antidumping Duty Order on Common Alloy Aluminum Sheet from the
People's Republic of China: Extension of Deadline for Final
Results,'' dated August 19, 2022.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Common Alloy Aluminum Sheet from the People's Republic of
China; 2020-2021,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 6
---------------------------------------------------------------------------
\6\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019)
(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 Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by
interested parties are addressed in the Issues and Decision Memorandum.
A list of these issues is attached to this notice.\7\ The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\7\ See appendix.
---------------------------------------------------------------------------
Changes From the Preliminary Results
Based on our analysis of the record and the comments received from
interested parties, we made certain changes to a surrogate value unit
of measure conversion and to the calculation of surrogate financial
ratios. Additionally, we changed the surrogate value used for the
purchased recycled aluminum input. For a discussion of these changes,
see the Issues and Decision Memorandum.
[[Page 54976]]
Separate Rates
In the Preliminary Results, Commerce determined that Jiangsu Alcha
Aluminum Group Co., Ltd. (Jiangsu Alcha), Alcha International Holdings
Limited (Alcha International), and Yinbang Clad Material Co., Ltd.
(Yinbang Clad) are eligible for a separate rate.\8\ No interested
parties submitted comments on Commerce's preliminary separate rate
determinations. For these final results, taking into account Commerce's
previous single entity determination,\9\ we continue to determine that
the single entity of Jiangsu Alcha, Alcha International, Baotou Alcha
Aluminum Co., Ltd. (Baotou Alcha) (collectively, Alcha), is eligible
for a separate rate, as is Yinbang Clad.
---------------------------------------------------------------------------
\8\ See Preliminary Results, 87 FR at 12432; see also
Preliminary Results PDM at 5-8.
\9\ In the 2018-2020 administrative review of this antidumping
order, Commerce determined that Jiangsu Alcha Aluminum Co., Ltd.,
Baotou Alcha and Alcha International should be treated as a single
entity. Additionally, Commerce determined that Jiangsu Alcha
Aluminum Group Co., Ltd. is the successor-in-interest to Jiangsu
Alcha Aluminum Co., Ltd. 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).
---------------------------------------------------------------------------
Rate for Non-Examined Separate Rate Respondents
The statute and our regulations do not address the establishment of
a rate to be assigned to respondents not selected for individual
examination when we limit our examination of companies subject to the
administrative review pursuant to section 777A(c)(2)(B) 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 respondents
not individually examined in an administrative review. Section
735(c)(5)(A) of the Act states that the all-others rate is normally
``an amount equal to the weighted average of the estimated weighted
average dumping margins established for exporters and producers
individually investigated, excluding any zero and de minimis margins,
and any margins determined entirely {on the basis of facts
available{time} .'' When the rates for 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.
For these final results, we calculated a weighted-average dumping
margin that is not zero, de minimis, or determined entirely on the
basis of facts available for Alcha. Accordingly, consistent with our
Preliminary Results, Commerce has assigned Yinbang Clad, the sole
separate rate respondent that was not selected for individual
examination, a margin of 51.50 percent, Alcha's calculated weighted-
average dumping margin, for these final results.
The China-Wide Entity
In accordance with Commerce policy,\10\ because no party requested
a review of the China-wide entity, and Commerce did not self-initiate a
review of the entity, the China-wide entity is not under review, and
the dumping margin assigned to the China-wide entity (i.e., 59.72
percent) is not subject to change.\11\ Commerce does not consider any
company under review as part of the China-wide entity because every
company under review demonstrated separate rate eligibility.
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\10\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November
4, 2013).
\11\ See Order, 84 FR at 2814.
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Final Results of Administrative Review
For the companies subject to this administrative review that
established their eligibility for a separate rate, Commerce determines
that the following weighted-average dumping margins exist for the
period February 1, 2020, through January 31, 2021:
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\12\ For the purposes of this review, we have considered the
names Jiangsu Alcha Aluminum Co., Ltd. and Jiangsu Alcha Aluminium
Co., Ltd., as equivalent.
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Jiangsu Alcha Aluminum Co., Ltd.\12\/Baotou Alcha Aluminum 51.50
Co., Ltd./Alcha International Holdings Limited.............
------------------------------------------------------------------------
Non-Selected Company Under Review Receiving a Separate Rate
------------------------------------------------------------------------
Yinbang Clad Material Co., Ltd.............................. 51.50
------------------------------------------------------------------------
Disclosure
Pursuant to 19 CFR 351.224(b), within five days of the publication
of this notice in the Federal Register, we will disclose to the parties
in this proceeding, the calculations that we performed for these final
results of review.
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 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).\13\ 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.\14\ 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.\15\ 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.\16\
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\13\ See 19 CFR 351.212(b)(1).
\14\ Id.
\15\ Id.
\16\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
For the non-selected respondent that received a separate rate,
Yinbang Clad, we will instruct CBP to apply an antidumping duty
assessment rate of 51.50 percent to all entries of subject merchandise
that entered the United States during the POR.
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)
[[Page 54977]]
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, 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, 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.
Reimbursement of Duties
This notice also serves as the 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 the 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.
Notification to Importers
This notice 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 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 Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. 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 terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
These final results of review are issued and published in
accordance with sections 751(a) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: August 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1-A: Selection of Surrogate Country
Comment 1-B: Selection of Surrogate Financial Statement
Comment 2: Application of Partial Adverse Facts Available (AFA)
Comment 3: Partial AFA Methodology
Comment 4: Double Remedies Adjustment
Comment 5: Selection of Surrogate Values (SV) for Recycled
Aluminum and Aluminum Scrap
Comment 6: Selection of Surrogate Distance of North American
Inland Train Freight
Comment 7: Selection of SV for Ocean Freight
Comment 8: Unit Conversion in the Calculation of the SV for
North American Inland Train Freight
Comment 9: Valuation of Domestic Inland Freight for Factors of
Production (FOP)
VI. Recommendation
[FR Doc. 2022-19342 Filed 9-7-22; 8:45 am]
BILLING CODE 3510-DS-P