Common Alloy Aluminum Sheet From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Partial Recission of Antidumping Administrative Review; 2021-2022, 68677-68679 [2022-24915]
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Federal Register / Vol. 87, No. 220 / Wednesday, November 16, 2022 / Notices
appropriate entries without regard to
antidumping duties.6
Consistent with Commerce’s
clarification of its assessment practice,
for entries of subject merchandise
during the POR produced by any of the
above-referenced respondents for which
they did not know that the merchandise
was destined for the United States, we
will instruct CBP to liquidate those
entries at the all-others rate in the
original less-than-fair-value (LTFV)
investigation of 7.08 percent ad
valorem 7 if there is no rate for the
intermediate company(ies) involved in
the transaction.8
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies
listed above will be equal to the
weighted-average dumping margin
established in these final results; (2) for
previously investigated or reviewed
companies not subject to this review,
the cash deposit rate will continue to be
the company-specific rate published for
the most recently completed segment of
this proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original LTFV
investigation, but the producer is, the
cash deposit rate will be the rate
established for the most recently
completed segment of the proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers and exporters will continue
to be 7.08 percent ad valorem, the allothers rate established in the LTFV
investigation.9 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
khammond on DSKJM1Z7X2PROD with NOTICES
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 and/or countervailing
6 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102
(February 14, 2012).
7 See Order.
8 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
9 See Order.
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17:27 Nov 15, 2022
Jkt 259001
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 and/or
countervailing duties 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.
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(a)(3), 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 the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: November 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Hyundai RB Co., Ltd. (Hyundai RB)
Comment 1: Smoothing of Costs
Comment 2: Scrap Adjustment
Comment 3: Raw Material Discount
Comment 4: Pre-POR Direct Cost
Adjustment
Comment 5: General and Administrative
(G&A) Expense
Comment 6: Interest Expense Ratio
Adjustment
Hyundai Steel Company (Hyundai Steel)
Comment 7: Interest Expense Calculation
Comment 8: Short-Term Interest Income
Offset
Comment 9: G&A Expenses
SeAH Steel Corporation (SeAH)
Comment 10: Voluntary Respondent Status
for SeAH Steel Corporation
V. Recommendation
Appendix II
Companies Not Selected for Individual
Examination
1. AJU Besteel Co., Ltd.
2. Chang Won Bending Co., Ltd.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
68677
3. Daiduck Piping Co., Ltd.
4. Dong Yang Steel Pipe Co., Ltd.
5. Dongbu Incheon Steel Co., Ltd.
6. EEW KHPC Co., Ltd.
7. EEW Korea Co., Ltd.
8. Histeel Co., Ltd.
9. Husteel Co., Ltd.
10. Kiduck Industries Co., Ltd.
11. Kum Kang Kind. Co., Ltd.
12. Kumsoo Connecting Co., Ltd.
13. Nexteel Co., Ltd.
14. SeAH Steel Corporation
15. Seonghwa Industrial Co., Ltd.
16. SIN–E B&P Co., Ltd.
17. Steel Flower Co., Ltd.
18. WELTECH Co., Ltd.
[FR Doc. 2022–24939 Filed 11–15–22; 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 and Partial
Recission of Antidumping
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that all companies subject to
this review are part of the China-wide
entity because they did not establish
eligibility for a separate rate.
Additionally, Commerce is rescinding
this review with respect to Yinbang
Clad Material Co., Ltd. (Yinbang Clad).
Interested parties are invited to
comment on these preliminary results of
this review.
DATES: Applicable November 16, 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
On February 8, 2019, Commerce
published the antidumping duty order
on common alloy aluminum sheet from
the People’s Republic of China (China).1
On February 8, 2022, we published a
notice of opportunity for interested
parties to request that Commerce
conduct an administrative review of the
1 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Antidumping Duty
Order, 84 FR 2813 (February 8, 2019) (Order).
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68678
Federal Register / Vol. 87, No. 220 / Wednesday, November 16, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
Order.2 On February 28, 2022, we
received requests for an administrative
review from Valeo North America, Inc
(Valeo),3 and the Aluminum
Association Common Alloy Aluminum
Sheet Trade Enforcement Working
Group and its individual members 4 (the
domestic industry).5 On April 12, 2022,
Commerce published the initiation
notice of an administrative review of the
Order with respect to Alcha
International Holdings Limited (Alcha
International), Jiangsu Alcha Aluminum
Co., Ltd.,6 and Yinbang Clad.7 On April
25, 2022, the domestic industry
withdrew its request for review with
respect to Yinbang Clad.8 On May 12,
2022, Jiangsu Alcha and Alcha
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 7112 (February 8, 2022).
3 See Valeo’s Letter, ‘‘Common Alloy Aluminum
Sheet from the People’s Republic of China: Request
for Administrative Review,’’ dated February 28,
2022.
4 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.
5 See Domestic Industry’s Letter, ‘‘3rd
Administrative Review of the Antidumping Order
on Common Alloy Aluminum Sheet from the
People’s Republic of China—Domestic Industry’s
Request for 2021/2022 Administrative Review,’’
dated February 28, 2022.
6 Commerce previously determined that the
following companies should be treated as a single
entity: Alcha International; Jiangsu Alcha
Aluminum Co., Ltd.; and Baotou Alcha Aluminum
Co., Ltd. (Baotou Alcha). Additionally, Commerce
previously determined that Jiangsu Alcha
Aluminum Group Co., Ltd. (Jiangsu Alcha) 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, 74067 (December 29, 2021), unchanged in
Common Alloy Aluminum Sheet from the People’s
Republic of China: Amended Final Results of
Antidumping Duty Administrative Review, 2018–
2020, 87 FR 6504 (February 4, 2022); see also
Common Alloy Aluminum Sheet from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2020–2021, 87 FR
54975 (September 8, 2022), as corrected by
Common Alloy Aluminum Sheet from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2020–2021;
Correction, 87 FR 59059 (September 29, 2022).
Accordingly, we are treating the single entity of
Alcha International, Jiangsu Alcha, and Baotou
Alcha (collectively, Alcha) as the companies under
review in this proceeding.
7 See Initiation of Antidumping and
Countervailing Duty Administrative Review, 87 FR
21619 (April 12, 2022) (Initiation Notice).
8 See the Domestic Industry’s Letter, ‘‘3rd
Administrative Review of the Antidumping Duty
Order on Common Alloy Aluminum Sheet from the
People’s Republic of China—Domestic Industry’s
Partial Withdrawal of Review Request,’’ dated April
25, 2022 (Domestic Industry’s Partial Withdrawal of
Review).
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17:27 Nov 15, 2022
Jkt 259001
International submitted a letter stating
that neither company was entitled to a
separate rate, due to changes in the
companies’ government control status.9
On October 26, 2022, we extended the
deadline for these preliminary results of
review, until November 8, 2022.10 The
period of review (POR) is February 1,
2021, through January 31, 2022.
For details regarding the events that
occurred subsequent to the initiation of
the review, see the Preliminary Decision
Memorandum.11 A list of topics
discussed in the Preliminary Decision
Memorandum is included as the
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 accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
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.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act) and 19 CFR 351.213.
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. The domestic industry
withdrew its request for administrative
review of Yinbang Clad within 90 days
9 See
Jiangsu Alcha and Alcha International’s
Letter, ‘‘Common Alloy Aluminum Sheet from the
People’s Republic of China: Notice Regarding
Alcha,’’ dated May 12, 2022 (Alcha International’s
May 12th Submission).
10 See Memorandum, ‘‘2021–2022 Administrative
Review of the Antidumping Duty Order on
Common Alloy Aluminum Sheet from the People’s
Republic of China: Extension of Deadline for
Preliminary Results,’’ dated October 26, 2022.
11 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2021–2022
Antidumping Duty Administrative Review of
Common Alloy Aluminum Sheet from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
of the date of the publication of the
Initiation Notice,12 and no other
interested parties requested a review of
Yinbang Clad. Accordingly, Commerce
is rescinding this review with respect to
Yinbang Clad, in accordance with 19
CFR 351.213(d)(1).
Separate Rates
None of the companies within the
Alcha entity submitted a separate rate
application or certification. Further,
Jiangsu Alcha and Alcha International
submitted a letter stating they are not
entitled to submit a separate rate
application in this administrative
review due to a change in their
government control status.13
Accordingly, we preliminarily find that
Alcha has not established its eligibility
for a separate rate.14 For additional
information, see the Preliminary
Decision Memorandum.
China-Wide Entity
In accordance with Commerce’s
policy, the China-wide entity will not be
under review unless a party specifically
requests, or Commerce self-initiates, a
review of the China-wide entity.15
Because no party requested a review of
the China-wide entity, the China-wide
entity is not under review and the
weighted-average dumping margin for
the China-wide entity is not subject to
change (i.e., 59.72 percent).16 Because
Alcha did not demonstrate its eligibility
for a separate rate, we preliminarily
consider Alcha 17 to be part of the
China-wide entity.
Disclosure and Public Comment
Normally, Commerce discloses the
calculations used in its analysis to
parties in a review within five days of
the date of publication of the notice of
preliminary results, in accordance with
19 CFR 351.224(b). However, in this
case, there are no calculations on the
record to disclose.
Interested parties may submit case
briefs no later than 30 days after the
date of publication of these preliminary
12 See Domestic Industry’s Partial Withdrawal of
Review.
13 See Alcha International’s May 12th
Submission.
14 See Initiation Notice (‘‘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.’’).
15 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 (November 4, 2013).
16 See Order.
17 Including Alcha International, Jiangsu Alcha,
and Baotou Alcha.
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Federal Register / Vol. 87, No. 220 / Wednesday, November 16, 2022 / Notices
results of review in the Federal
Register.18 Rebuttal briefs may be filed
no later than seven days after case briefs
are filed, all rebuttal briefs must be
limited to comments raised in the case
briefs.19 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.20
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.21
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.22
Parties should confirm by telephone the
date and time of the hearing two days
before the scheduled date of the hearing.
All submissions must be filed
electronically using ACCESS.23 An
electronically filed document must be
received successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5:00 p.m. Eastern Time
(ET) on the due date.24 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information until further
notice.25
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 and 19 CFR
351.213(h).
18 See
19 CFR 351.309(c)(2).
19 CFR 351.309(d).
20 See 19 CFR 351.309(c)(2), (d)(2).
21 See 19 CFR 351.310(c).
22 See 19 CFR 351.310(d).
23 See generally 19 CFR 351.303.
24 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).
25 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
khammond on DSKJM1Z7X2PROD with NOTICES
19 See
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17:27 Nov 15, 2022
Jkt 259001
Assessment Rates
Upon issuance of the final results,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review, in accordance with 19 CFR
351.212(b)(1). If the preliminary results
are unchanged for the final results, we
will instruct CBP to apply an ad
valorem assessment rate of 59.72
percent to all entries of subject
merchandise during the POR which
were exported by Alcha.
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the 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).
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 previously
investigated or reviewed Chinese and
non-Chinese exporters 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;
(2) for all Chinese exporters of subject
merchandise which have not been
found to be entitled to a separate rate,
including Alcha, the cash deposit rate
will be the rate for the China-wide
entity (i.e., 59.72 percent) 26 and (3) 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
26 See
PO 00000
Order.
Frm 00012
Fmt 4703
Sfmt 4703
68679
regarding the reimbursement of
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: November 8, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
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. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2022–24915 Filed 11–15–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–842]
Prestressed Concrete Steel Wire
Strand From the Republic of Turkey:
Final Results of Antidumping Duty
Administrative Review; 2020–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
the sole producer/exporter subject to
this administrative review, Celik Halat
ve Tel Sanayi A.S. (Celik Halat), made
sales of the subject merchandise at less
than normal value during the period of
review September 30, 2020, through
January 31, 2022.
DATES: Applicable November 16, 2022.
FOR FURTHER INFORMATION CONTACT: Ajay
Menon or Macey Mayes, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
AGENCY:
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Agencies
[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Notices]
[Pages 68677-68679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24915]
-----------------------------------------------------------------------
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 and
Partial Recission of Antidumping Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that all companies subject to this review are part of the
China-wide entity because they did not establish eligibility for a
separate rate. Additionally, Commerce is rescinding this review with
respect to Yinbang Clad Material Co., Ltd. (Yinbang Clad). Interested
parties are invited to comment on these preliminary results of this
review.
DATES: Applicable November 16, 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
On February 8, 2019, Commerce published the antidumping duty order
on common alloy aluminum sheet from the People's Republic of China
(China).\1\ On February 8, 2022, we published a notice of opportunity
for interested parties to request that Commerce conduct an
administrative review of the
[[Page 68678]]
Order.\2\ On February 28, 2022, we received requests for an
administrative review from Valeo North America, Inc (Valeo),\3\ and the
Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement
Working Group and its individual members \4\ (the domestic
industry).\5\ On April 12, 2022, Commerce published the initiation
notice of an administrative review of the Order with respect to Alcha
International Holdings Limited (Alcha International), Jiangsu Alcha
Aluminum Co., Ltd.,\6\ and Yinbang Clad.\7\ On April 25, 2022, the
domestic industry withdrew its request for review with respect to
Yinbang Clad.\8\ On May 12, 2022, Jiangsu Alcha and Alcha International
submitted a letter stating that neither company was entitled to a
separate rate, due to changes in the companies' government control
status.\9\
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 7112 (February 8,
2022).
\3\ See Valeo's Letter, ``Common Alloy Aluminum Sheet from the
People's Republic of China: Request for Administrative Review,''
dated February 28, 2022.
\4\ 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.
\5\ See Domestic Industry's Letter, ``3rd Administrative Review
of the Antidumping Order on Common Alloy Aluminum Sheet from the
People's Republic of China--Domestic Industry's Request for 2021/
2022 Administrative Review,'' dated February 28, 2022.
\6\ Commerce previously determined that the following companies
should be treated as a single entity: Alcha International; Jiangsu
Alcha Aluminum Co., Ltd.; and Baotou Alcha Aluminum Co., Ltd.
(Baotou Alcha). Additionally, Commerce previously determined that
Jiangsu Alcha Aluminum Group Co., Ltd. (Jiangsu Alcha) 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, 74067 (December 29, 2021), unchanged in
Common Alloy Aluminum Sheet from the People's Republic of China:
Amended Final Results of Antidumping Duty Administrative Review,
2018-2020, 87 FR 6504 (February 4, 2022); see also Common Alloy
Aluminum Sheet from the People's Republic of China: Final Results of
Antidumping Duty Administrative Review; 2020-2021, 87 FR 54975
(September 8, 2022), as corrected by Common Alloy Aluminum Sheet
from the People's Republic of China: Final Results of Antidumping
Duty Administrative Review; 2020-2021; Correction, 87 FR 59059
(September 29, 2022). Accordingly, we are treating the single entity
of Alcha International, Jiangsu Alcha, and Baotou Alcha
(collectively, Alcha) as the companies under review in this
proceeding.
\7\ See Initiation of Antidumping and Countervailing Duty
Administrative Review, 87 FR 21619 (April 12, 2022) (Initiation
Notice).
\8\ See the Domestic Industry's Letter, ``3rd Administrative
Review of the Antidumping Duty Order on Common Alloy Aluminum Sheet
from the People's Republic of China--Domestic Industry's Partial
Withdrawal of Review Request,'' dated April 25, 2022 (Domestic
Industry's Partial Withdrawal of Review).
\9\ See Jiangsu Alcha and Alcha International's Letter, ``Common
Alloy Aluminum Sheet from the People's Republic of China: Notice
Regarding Alcha,'' dated May 12, 2022 (Alcha International's May
12th Submission).
---------------------------------------------------------------------------
On October 26, 2022, we extended the deadline for these preliminary
results of review, until November 8, 2022.\10\ The period of review
(POR) is February 1, 2021, through January 31, 2022.
---------------------------------------------------------------------------
\10\ See Memorandum, ``2021-2022 Administrative Review of the
Antidumping Duty Order on Common Alloy Aluminum Sheet from the
People's Republic of China: Extension of Deadline for Preliminary
Results,'' dated October 26, 2022.
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For details regarding the events that occurred subsequent to the
initiation of the review, see the Preliminary Decision Memorandum.\11\
A list of topics discussed in the Preliminary Decision Memorandum is
included as the 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 accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\11\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Antidumping Duty Administrative Review of
Common Alloy Aluminum Sheet from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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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.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.213.
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.
The domestic industry withdrew its request for administrative review of
Yinbang Clad within 90 days of the date of the publication of the
Initiation Notice,\12\ and no other interested parties requested a
review of Yinbang Clad. Accordingly, Commerce is rescinding this review
with respect to Yinbang Clad, in accordance with 19 CFR 351.213(d)(1).
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\12\ See Domestic Industry's Partial Withdrawal of Review.
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Separate Rates
None of the companies within the Alcha entity submitted a separate
rate application or certification. Further, Jiangsu Alcha and Alcha
International submitted a letter stating they are not entitled to
submit a separate rate application in this administrative review due to
a change in their government control status.\13\ Accordingly, we
preliminarily find that Alcha has not established its eligibility for a
separate rate.\14\ For additional information, see the Preliminary
Decision Memorandum.
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\13\ See Alcha International's May 12th Submission.
\14\ See Initiation Notice (``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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China-Wide Entity
In accordance with Commerce's policy, the China-wide entity will
not be under review unless a party specifically requests, or Commerce
self-initiates, a review of the China-wide entity.\15\ Because no party
requested a review of the China-wide entity, the China-wide entity is
not under review and the weighted-average dumping margin for the China-
wide entity is not subject to change (i.e., 59.72 percent).\16\ Because
Alcha did not demonstrate its eligibility for a separate rate, we
preliminarily consider Alcha \17\ to be part of the China-wide entity.
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\15\ 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 (November 4, 2013).
\16\ See Order.
\17\ Including Alcha International, Jiangsu Alcha, and Baotou
Alcha.
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Disclosure and Public Comment
Normally, Commerce discloses the calculations used in its analysis
to parties in a review within five days of the date of publication of
the notice of preliminary results, in accordance with 19 CFR
351.224(b). However, in this case, there are no calculations on the
record to disclose.
Interested parties may submit case briefs no later than 30 days
after the date of publication of these preliminary
[[Page 68679]]
results of review in the Federal Register.\18\ Rebuttal briefs may be
filed no later than seven days after case briefs are filed, all
rebuttal briefs must be limited to comments raised in the case
briefs.\19\ 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.\20\
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\18\ See 19 CFR 351.309(c)(2).
\19\ See 19 CFR 351.309(d).
\20\ See 19 CFR 351.309(c)(2), (d)(2).
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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.\21\ 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.\22\
Parties should confirm by telephone the date and time of the hearing
two days before the scheduled date of the hearing.
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\21\ See 19 CFR 351.310(c).
\22\ See 19 CFR 351.310(d).
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All submissions must be filed electronically using ACCESS.\23\ An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m.
Eastern Time (ET) on the due date.\24\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information until further notice.\25\
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\23\ See generally 19 CFR 351.303.
\24\ 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).
\25\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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 and 19 CFR
351.213(h).
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review, in accordance
with 19 CFR 351.212(b)(1). If the preliminary results are unchanged for
the final results, we will instruct CBP to apply an ad valorem
assessment rate of 59.72 percent to all entries of subject merchandise
during the POR which were exported by Alcha.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the 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).
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 previously
investigated or reviewed Chinese and non-Chinese exporters 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; (2) for all Chinese exporters of subject merchandise
which have not been found to be entitled to a separate rate, including
Alcha, the cash deposit rate will be the rate for the China-wide entity
(i.e., 59.72 percent) \26\ and (3) 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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\26\ See Order.
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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 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: November 8, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
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. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2022-24915 Filed 11-15-22; 8:45 am]
BILLING CODE 3510-DS-P