Common Alloy Aluminum Sheet From Germany: Preliminary Results of Antidumping Duty Administrative Review; 2020-2022, 30087-30089 [2023-09922]
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Federal Register / Vol. 88, No. 90 / Wednesday, May 10, 2023 / Notices
Rescission of Circumvention Inquiry
As noted above, Edsal has withdrawn
its request for a circumvention inquiry
on boltless steel shelving completed or
assembled in Malaysia using certain
components from China and exported to
the United States. Therefore, in
accordance 19 CFR 351.226(f)(6)(i),
Commerce finds that it is appropriate to
rescind this circumvention inquiry in its
entirety.
Suspension of Liquidation
Pursuant to 19 CFR 351.226(l)(1),
Commerce notified U.S. Customs and
Border Protection (CBP) of the initiation
of this circumvention inquiry and
directed CBP to continue the suspension
of liquidation of entries of products
subject to the circumvention inquiry
that were already subject to the
suspension of liquidation under the
Orders and to apply the cash deposit
rate that would be applicable if the
products were determined to be covered
by the scope of the Orders.6 Upon
publication of this rescission notice,
Commerce will inform CBP that
Commerce has rescinded this inquiry
and that CBP should continue to
suspend entries of boltless steel
shelving from China that are subject to
the Orders at the applicable rate(s) in
effect on the date of entry until specific
liquidation instructions are issued.
Administrative Protective Order
This notice serves as a final 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 the APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with
regulations and terms of an APO is a
violation, which is subject to sanction.
lotter on DSK11XQN23PROD with NOTICES1
Notification to Interested Parties
This notice is issued and published in
accordance with section 781 of the
Tariff Act of 1930, as amended, and 19
CFR 351.226(f)(6).
6 See CBP Message 2343414, ‘‘Initiation of
Circumvention Inquiry—Antidumping/
Countervailing Orders on Boltless Steel Shelving
Units Prepackaged for Sale from the People’s
Republic of China (A–570–018/C–570–019),’’ dated
December 9, 2022.
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17:49 May 09, 2023
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30087
Dated: May 4, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
15, 2022, Commerce extended the
deadline for issuing the preliminary
results of this review from January 3,
2023, to April 28, 2023.4
[FR Doc. 2023–09946 Filed 5–9–23; 8:45 am]
Scope of the Order
The products covered by this Order
are common alloy aluminum sheet,
which is a flat-rolled aluminum product
having a thickness of 6.3 mm or less, but
greater than 0.2 mm, in coils or cut-tolength, regardless of width. Common
alloy sheet within the scope of this
Order includes both not clad aluminum
sheet, as well as multi-alloy, clad
aluminum sheet. For a full description
of the scope of the Order, see
Preliminary Decision Memorandum.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–849]
Common Alloy Aluminum Sheet From
Germany: Preliminary 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) preliminarily
determines that the producers/exporters
subject to this administrative review
made sales of subject merchandise at
less than normal value (NV) during the
period of review (POR) (October 15,
2020, through March 31, 2022).
Interested parties are invited to
comment on these preliminary results of
the review.
DATES: Applicable May 10, 2023.
FOR FURTHER INFORMATION CONTACT:
Drew Jackson or Jonathan Hill, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4406 or (202) 482–3518,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 14, 2022, Commerce initiated
an administrative review of the
antidumping duty order 1 on common
alloy aluminum sheet from Germany
covering the above-referenced POR.2 For
a complete description of the events that
followed the initiation of this review,
see the accompanying Preliminary
Decision Memorandum.3 On December
1 See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, India,
Indonesia, Italy, Oman, Romania, Serbia, Slovenia,
South Africa, Spain, Taiwan, and the Republic of
Turkey: Antidumping Duty Orders, 86 FR 22139
(April 27, 2021) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
42144 (July 14, 2022) (Initiation Notice).
3 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of the 2020–2022
Administrative Review of the Antidumping Duty
Order on Common Alloy Aluminum Sheet from
Germany,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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Preliminary Results of Successor-inInterest Analysis
Commerce initiated this
administrative review with respect to
four companies, including Hydro
Aluminium Rolled Products GmbH
(HARP) and Speira GmbH (Speira).5
Speira reported that during the POR,
‘‘HARP assumed new ownership and
took on the name of Speira GmbH.’’ 6
We have analyzed record information
regarding changes in HARP’s
management, manufacturing facilities,
customers, and suppliers, and
preliminarily determine that Speira is
the successor-in-interest to HARP.
Accordingly, we have treated HARP and
Speira as the same company in our
analyses in this review. See the
Preliminary Decision Memorandum for
further information. Should our
preliminary successor-in-interest
determination remain unchanged in the
final results of review, we will instruct
CBP to apply the assessment rates that
we calculated for Speira to POR entries
of subject merchandise from both Speira
and HARP.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act). We calculated export and
constructed export prices and NV for
the two mandatory respondents, Novelis
Deutschland GmbH (Novelis) and Speira
(formerly known HARP), in accordance
with sections 772 and 773 of the Act,
respectively.
For a full description of the
methodology underlying our decisions,
4 See Memorandum, ‘‘Extension of Deadline for
the Preliminary Results of the 2020–2022
Antidumping Duty Administrative Review,’’ dated
December 15, 2022.
5 See Initiation Notice.
6 See Preliminary Decision Memorandum (citing
Speira’s Letter, ‘‘Section A Response,’’ dated
September 30, 2022, at 1).
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Federal Register / Vol. 88, No. 90 / Wednesday, May 10, 2023 / Notices
see the Preliminary Decision
Memorandum. A list of the sections in
the Preliminary Decision Memorandum
is attached as an appendix to this
notice. The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition,
the Preliminary Decision Memorandum
may be accessed directly at https://
access.trade.gov/public/
FRNoticesListLayout.aspx.
Margin for the Non-Individually
Examined Company
The Act and Commerce’s regulations
do not address what weighted-average
dumping margin to apply to companies
not selected for individual examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
when calculating weighted-average
dumping margins for non-selected
respondents, Commerce looks to section
735(c)(5) of the Act for guidance, which
provides instructions for calculating the
all-others rate in an investigation.
Section 735(c)(5)(A) of the Act
provides that Commerce will base the
all-others rate in an investigation on the
weighted average of the estimated
weighted-average dumping margins
calculated for the individually
examined respondents, excluding rates
that are zero, de minimis, or based
entirely on facts available. Where the
weighted-average dumping margin for
each of the individually examined
companies is 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 estimated allothers rate for exporters and producers
not individually investigated, including
averaging the estimated weightedaverage dumping margins determined
for the exporters and producers
individually investigated.’’
Because Commerce preliminarily
calculated weighted-average dumping
margins for Novelis and Speira that are
not zero, de minimis, or based entirely
on facts available, we have preliminarily
assigned Constellium Rolled Products
Singen GmbH & Co. KG., the sole
company under review that was not
selected for individual examination, a
weighted-average dumping margin
equal to the weighted average of the
estimated weighted-average dumping
margins calculated for Novelis and
HARP/Speira, weighted by the
mandatory respondents’ publicly ranged
total sales values, consistent with the
guidance in section 735(c)(5)(A) of the
Act.7 For additional information, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
We are assigning the following
weighted-average dumping margins to
the companies listed below for the
period October 15, 2020, through March
31, 2022:
Weighted-average
dumping margin
(percent)
Producer or exporter
Novelis Deutschland GmbH ........................................................................................................................................................
Hydro Aluminium Rolled Products GmbH/Speira GmbH ............................................................................................................
Review-Specific Rate Applicable to the Following Non-Examined Company:
Constellium Rolled Products Singen GmbH & Co. KG .......................................................................................................
Disclosure
Commerce intends to disclose the
calculations that it performed for these
preliminary results of review under
Administrative Protective Order to
parties to the proceeding within five
days of the date of publication of this
notice in the Federal Register in
accordance with 19 CFR 351.224(b).
lotter on DSK11XQN23PROD with NOTICES1
Public Comment
Interested parties may comment on
the preliminary results of this review by
submitting case briefs to Commerce no
later than 30 days after the date of
publication of these preliminary results
of review in the Federal Register.8
Interested parties may also file rebuttal
briefs with Commerce no later than
seven days after case briefs are due.
Interested parties should only respond
to arguments raised in case briefs in
their rebuttal briefs.9 Parties who submit
case or rebuttal briefs are requested to
submit with each brief a table of
7 See Memorandum, ‘‘Administrative Review of
the Antidumping Duty Order on Common Alloy
Aluminum Sheet from Germany: Calculation of the
Weighted-Average Dumping Margin for the
Company Not Selected for Individual
Examination,’’ dated concurrently with this notice.
VerDate Sep<11>2014
17:49 May 09, 2023
Jkt 259001
contents, a summary of the arguments,
not to exceed five pages, and a table of
authorities.10
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing regarding issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, Requests for a hearing
should contain: (1) the requesting
party’s name, address, and telephone
number; (2) the number of individuals
from the requesting party that will
attend the hearing and whether any
individuals are foreign nationals; and
(3) 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 case and rebuttal
briefs. If a request for a hearing is made,
Commerce will announce the date and
time of the hearing. Parties should
confirm the date and time of the hearing
8 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d).
10 See 19 CFR 351.309(c)(2) and (d)(2).
11 See 19 CFR 351.310(c).
9 See
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Fmt 4703
Sfmt 4703
17.80
18.70
18.10
two days before the scheduled hearing
date.
All submissions must be filed
electronically via ACCESS. An
electronically filed document must be
received successfully in its entirety via
ACCESS by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.11 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.12
Final Results of Review
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, unless extended.
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
E:\FR\FM\10MYN1.SGM
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Federal Register / Vol. 88, No. 90 / Wednesday, May 10, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries covered by this review.13
For the company that was not selected
for individual examination, we will
instruct CBP to assess antidumping
duties at an ad valorem rate equal to the
weighted-average dumping margin
determined in the final results of
review.
For individually examined
respondents whose weighted-average
dumping margin is not zero or de
minimis, we will calculate importerspecific assessment rates in accordance
with 19 CFR 351.212(b)(1). Where the
respondent reported reliable entered
values, we intend to calculate importerspecific ad valorem assessment rates by
dividing the total amount of dumping
calculated for all reviewed U.S. sales to
the importer by the total entered value
of the merchandise sold to the
importer.14 Where the respondent did
not report entered values, we will
calculate importer-specific assessment
rates by dividing the total amount of
dumping calculated for all reviewed
U.S. sales to the importer by the total
quantity of those sales. We also will
calculate an estimated ad valorem
importer-specific assessment rate to
determine whether the per-unit
assessment rate is de minimis; however,
we will use the per-unit assessment rate
where entered values were not
reported.15
Where an importer-specific ad
valorem assessment rate is not zero or
de minimis, we will instruct CBP to
collect the appropriate duties at the time
of liquidation. Where either the
respondent’s ad valorem weightedaverage dumping margin is zero or de
minimis, or an importer-specific ad
valorem assessment rate is zero or de
minimis,16 we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
Commerce’s ‘‘automatic assessment’’
practice will apply to entries of subject
merchandise during the POR produced
or exported by the examined companies
for which the examined companies did
not know that the merchandise they
sold was destined for the United States.
In such instances, we will instruct CBP
to liquidate unreviewed entries at the
all-others rate if there is no rate for the
13 See
14 See
19 CFR 351.212(b).
19 CFR 351.212(b)(1).
15 Id.
16 See
19 CFR 351.106(c)(2).
VerDate Sep<11>2014
17:49 May 09, 2023
Jkt 259001
intermediate company(ies) involved in
the transaction.17
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).
The final results of this review shall
be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.18
Cash Deposit Requirements
The following cash deposit
requirements will be in effect for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the notice of the final
results of this administrative review in
the Federal Register, as provided for by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the exporters listed
above will be equal to the weightedaverage dumping margin established in
the final results of this review, except if
the rate is less than 0.50 percent, and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously reviewed or
investigated companies not
participating in 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 was
reviewed; (3) if the exporter is not a firm
covered in this review or a previous
segment of this proceeding, but the
producer is, then the cash deposit rate
will be the rate established in the most
recently completed segment for the
producer of the subject merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 49.40 percent, the all-others rate
established in the less-than-fair-value
investigation.19
These deposit requirements, when
imposed, shall remain in effect until
further notice.
17 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
18 See section 751(a)(2)(C) of the Act.
19 See Common Alloy Aluminum Sheet from
Germany: Final Determination of Sales at Less Than
Fair Value, 86 FR 13318 (March 8, 2021).
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30089
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
and/or countervailing 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
and/or countervailing duties occurred
and the subsequent assessment of
double antidumping duties and/or
antidumping duties increased by the
amount of the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(1) and
777(i)(l) of the Act, and 19 CFR 351.213
and 351.221(b)(4).
Dated: April 28, 2023.
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. Successor-in-Interest Analysis
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023–09922 Filed 5–9–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–839]
Common Alloy Aluminum Sheet From
Turkey: Preliminary 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) preliminarily
determines that common alloy
aluminum sheet (CAAS) from the
Republic of Turkey (Turkey) was sold in
the United States at less than normal
value during the period of review (POR)
October 15, 2020, through March 31,
2022. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable May 10, 2023.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, AD/CVD Operations,
AGENCY:
E:\FR\FM\10MYN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30087-30089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09922]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-849]
Common Alloy Aluminum Sheet From Germany: Preliminary Results of
Antidumping Duty Administrative Review; 2020-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the producers/exporters subject to this administrative
review made sales of subject merchandise at less than normal value (NV)
during the period of review (POR) (October 15, 2020, through March 31,
2022). Interested parties are invited to comment on these preliminary
results of the review.
DATES: Applicable May 10, 2023.
FOR FURTHER INFORMATION CONTACT: Drew Jackson or Jonathan Hill, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4406 or (202) 482-3518,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 14, 2022, Commerce initiated an administrative review of
the antidumping duty order \1\ on common alloy aluminum sheet from
Germany covering the above-referenced POR.\2\ For a complete
description of the events that followed the initiation of this review,
see the accompanying Preliminary Decision Memorandum.\3\ On December
15, 2022, Commerce extended the deadline for issuing the preliminary
results of this review from January 3, 2023, to April 28, 2023.\4\
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from Bahrain, Brazil,
Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania,
Serbia, Slovenia, South Africa, Spain, Taiwan, and the Republic of
Turkey: Antidumping Duty Orders, 86 FR 22139 (April 27, 2021)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022) (Initiation
Notice).
\3\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the 2020-2022 Administrative Review of the Antidumping
Duty Order on Common Alloy Aluminum Sheet from Germany,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
\4\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of the 2020-2022 Antidumping Duty Administrative Review,''
dated December 15, 2022.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this Order are common alloy aluminum sheet,
which is a flat-rolled aluminum product having a thickness of 6.3 mm or
less, but greater than 0.2 mm, in coils or cut-to-length, regardless of
width. Common alloy sheet within the scope of this Order includes both
not clad aluminum sheet, as well as multi-alloy, clad aluminum sheet.
For a full description of the scope of the Order, see Preliminary
Decision Memorandum.
Preliminary Results of Successor-in-Interest Analysis
Commerce initiated this administrative review with respect to four
companies, including Hydro Aluminium Rolled Products GmbH (HARP) and
Speira GmbH (Speira).\5\ Speira reported that during the POR, ``HARP
assumed new ownership and took on the name of Speira GmbH.'' \6\ We
have analyzed record information regarding changes in HARP's
management, manufacturing facilities, customers, and suppliers, and
preliminarily determine that Speira is the successor-in-interest to
HARP. Accordingly, we have treated HARP and Speira as the same company
in our analyses in this review. See the Preliminary Decision Memorandum
for further information. Should our preliminary successor-in-interest
determination remain unchanged in the final results of review, we will
instruct CBP to apply the assessment rates that we calculated for
Speira to POR entries of subject merchandise from both Speira and HARP.
---------------------------------------------------------------------------
\5\ See Initiation Notice.
\6\ See Preliminary Decision Memorandum (citing Speira's Letter,
``Section A Response,'' dated September 30, 2022, at 1).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We
calculated export and constructed export prices and NV for the two
mandatory respondents, Novelis Deutschland GmbH (Novelis) and Speira
(formerly known HARP), in accordance with sections 772 and 773 of the
Act, respectively.
For a full description of the methodology underlying our decisions,
[[Page 30088]]
see the Preliminary Decision Memorandum. A list of the sections in the
Preliminary Decision Memorandum is attached as an appendix to this
notice. The Preliminary Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, the Preliminary Decision Memorandum may be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Margin for the Non-Individually Examined Company
The Act and Commerce's regulations do not address what weighted-
average dumping margin to apply to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, when calculating weighted-average dumping margins for non-
selected respondents, Commerce looks to section 735(c)(5) of the Act
for guidance, which provides instructions for calculating the all-
others rate in an investigation.
Section 735(c)(5)(A) of the Act provides that Commerce will base
the all-others rate in an investigation on the weighted average of the
estimated weighted-average dumping margins calculated for the
individually examined respondents, excluding rates that are zero, de
minimis, or based entirely on facts available. Where the weighted-
average dumping margin for each of the individually examined companies
is 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 estimated all-others rate for exporters and
producers not individually investigated, including averaging the
estimated weighted-average dumping margins determined for the exporters
and producers individually investigated.''
Because Commerce preliminarily calculated weighted-average dumping
margins for Novelis and Speira that are not zero, de minimis, or based
entirely on facts available, we have preliminarily assigned Constellium
Rolled Products Singen GmbH & Co. KG., the sole company under review
that was not selected for individual examination, a weighted-average
dumping margin equal to the weighted average of the estimated weighted-
average dumping margins calculated for Novelis and HARP/Speira,
weighted by the mandatory respondents' publicly ranged total sales
values, consistent with the guidance in section 735(c)(5)(A) of the
Act.\7\ For additional information, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Common Alloy Aluminum Sheet from Germany: Calculation
of the Weighted-Average Dumping Margin for the Company Not Selected
for Individual Examination,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Preliminary Results of Review
We are assigning the following weighted-average dumping margins to
the companies listed below for the period October 15, 2020, through
March 31, 2022:
------------------------------------------------------------------------
Weighted-average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Novelis Deutschland GmbH............................ 17.80
Hydro Aluminium Rolled Products GmbH/Speira GmbH.... 18.70
Review-Specific Rate Applicable to the Following Non-
Examined Company:
Constellium Rolled Products Singen GmbH & Co. KG 18.10
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations that it performed for
these preliminary results of review under Administrative Protective
Order to parties to the proceeding within five days of the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).
Public Comment
Interested parties may comment on the preliminary results of this
review by submitting case briefs to Commerce no later than 30 days
after the date of publication of these preliminary results of review in
the Federal Register.8 Interested parties may also file
rebuttal briefs with Commerce no later than seven days after case
briefs are due. Interested parties should only respond to arguments
raised in case briefs in their rebuttal briefs.\9\ Parties who submit
case or rebuttal briefs are requested to submit with each brief a table
of contents, a summary of the arguments, not to exceed five pages, and
a table of authorities.\10\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing regarding issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, Requests for a hearing should contain: (1)
the requesting party's name, address, and telephone number; (2) the
number of individuals from the requesting party that will attend the
hearing and whether any individuals are foreign nationals; and (3) 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 case
and rebuttal briefs. If a request for a hearing is made, Commerce will
announce the date and time of the hearing. Parties should confirm the
date and time of the hearing two days before the scheduled hearing
date.
All submissions must be filed electronically via ACCESS. An
electronically filed document must be received successfully in its
entirety via ACCESS by 5:00 p.m. Eastern Time within 30 days after the
date of publication of this notice.\11\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\12\
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\11\ See 19 CFR 351.310(c).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020); and 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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Final Results of Review
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, unless extended.
[[Page 30089]]
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\13\
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\13\ See 19 CFR 351.212(b).
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For the company that was not selected for individual examination,
we will instruct CBP to assess antidumping duties at an ad valorem rate
equal to the weighted-average dumping margin determined in the final
results of review.
For individually examined respondents whose weighted-average
dumping margin is not zero or de minimis, we will calculate importer-
specific assessment rates in accordance with 19 CFR 351.212(b)(1).
Where the respondent reported reliable entered values, we intend to
calculate importer-specific ad valorem assessment rates by dividing the
total amount of dumping calculated for all reviewed U.S. sales to the
importer by the total entered value of the merchandise sold to the
importer.\14\ Where the respondent did not report entered values, we
will calculate importer-specific assessment rates by dividing the total
amount of dumping calculated for all reviewed U.S. sales to the
importer by the total quantity of those sales. We also will calculate
an estimated ad valorem importer-specific assessment rate to determine
whether the per-unit assessment rate is de minimis; however, we will
use the per-unit assessment rate where entered values were not
reported.\15\
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\14\ See 19 CFR 351.212(b)(1).
\15\ Id.
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Where an importer-specific ad valorem assessment rate is not zero
or de minimis, we will instruct CBP to collect the appropriate duties
at the time of liquidation. Where either the respondent's ad valorem
weighted-average dumping margin is zero or de minimis, or an importer-
specific ad valorem assessment rate is zero or de minimis,16
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.
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\16\ See 19 CFR 351.106(c)(2).
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Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced or exported by the
examined companies for which the examined companies did not know that
the merchandise they sold was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\17\
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\17\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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).
The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future deposits of estimated
duties, where applicable.\18\
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\18\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements will be in effect for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the notice of
the final results of this administrative review in the Federal
Register, as provided for by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the exporters listed above will be equal to the
weighted-average dumping margin established in the final results of
this review, except if the rate is less than 0.50 percent, and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for previously
reviewed or investigated companies not participating in 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 was reviewed; (3) if the exporter is not a firm
covered in this review or a previous segment of this proceeding, but
the producer is, then the cash deposit rate will be the rate
established in the most recently completed segment for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 49.40 percent, the all-
others rate established in the less-than-fair-value investigation.\19\
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\19\ See Common Alloy Aluminum Sheet from Germany: Final
Determination of Sales at Less Than Fair Value, 86 FR 13318 (March
8, 2021).
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These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties and/or countervailing 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 and/or
countervailing duties occurred and the subsequent assessment of double
antidumping duties and/or antidumping duties increased by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i)(l) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
Dated: April 28, 2023.
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. Successor-in-Interest Analysis
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-09922 Filed 5-9-23; 8:45 am]
BILLING CODE 3510-DS-P
