Common Alloy Aluminum Sheet From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping and Countervailing Duty Orders; 4017 Aluminum Sheet, 48438-48440 [2023-15947]
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48438
Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Notices
calculation of the net countervailable
subsidy rates for Bharat Forge. For a
discussion of the issues, see the Issues
and Decision Memorandum.
Methodology
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
including adverse facts available,
pursuant to sections 776(a) and (b) of
the Act, see the Issues and Decision
Memorandum.
Final Results of Administrative Review
We determine that the net
countervailable subsidy rate for the
period May 26, 2020, through December
31, 2021, to be as follows:
Company
Subsidy rate
(percent ad
valorem) 2020
Subsidy rate
(percent ad
valorem) 2021
Bharat Forge ............................................................................................................................................................
2.78
3.95
Cash Deposit Requirements
In accordance with section 751(a)(1)
of the Act, Commerce also intends to
instruct U.S. Customs and Border
Protection (CBP) to collect cash deposits
of estimated countervailing duties in the
amounts shown above for the abovelisted companies with regard to
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of these final results of
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the all-others
rate or the most recent company-specific
rate applicable to the company, as
appropriate. These cash deposit
requirements, effective upon
publication of these final results, shall
remain in effect until further notice.
ddrumheller on DSK120RN23PROD with NOTICES1
each of the subsidy programs found to
be countervailable, we find that there is
a subsidy, i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.9 For a complete
description of the methodology
underlying all of Commerce’s
conclusions, including our reliance, in
part, on facts otherwise available,
Assessment Requirements
In accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has
determined, and CBP shall assess,
countervailing duties on all appropriate
entries covered by this review, for the
above-listed companies at the applicable
ad valorem assessment rates listed.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after 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).
days after the date of publication of this
notice in the Federal Register in
accordance with 19 CFR 351.224(b).
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of 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 sanctionable violation.
Notification to Interested Parties
The final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: July 20, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Disclosure
Commerce intends to disclose
calculations and analysis performed for
the final results of review within five
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation Information
V. Use of Facts Otherwise Available and
Application of Adverse Inferences
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether the Duty Drawback
(DDB) Scheme Is Countervailable
Comment 2: Whether Commerce Should
Revise Its DDB Benefit Calculation
Comment 3: Whether the Remission of
Duties and Taxes on Export Products
(RODTEP) Program Is Countervailable
Comment 4: Whether Bharat Forge’s Export
Promotion of Capital Goods Scheme
9 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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17:21 Jul 26, 2023
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PO 00000
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Fmt 4703
Sfmt 4703
(EPCGS) Information Submitted to
Commerce Is Complete and Accurate
Comment 5: Whether Bharat Forge
Benefitted from the Interest Equalization
Scheme (IES) during the POR
VIII. Recommendation
[FR Doc. 2023–15948 Filed 7–26–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–073, C–570–074]
Common Alloy Aluminum Sheet From
the People’s Republic of China:
Affirmative Final Determination of
Circumvention of the Antidumping and
Countervailing Duty Orders; 4017
Aluminum Sheet
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of aluminum sheet produced
from aluminum alloy 4017 (4017
aluminum sheet) produced in the
People’s Republic of China (China) and
exported to the United States constitutes
merchandise altered in form or
appearance in such minor respects that
it should be included within the scope
of the antidumping duty (AD) and
countervailing duty (CVD) orders on
common alloy aluminum sheet (CAAS)
from China. As a result, 4017 aluminum
sheet will be subject to suspension of
liquidation effective August 26, 2022.
DATES: Applicable July 27, 2023.
FOR FURTHER INFORMATION CONTACT:
Frank Schmitt, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
AGENCY:
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Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Notices
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4880.
SUPPLEMENTARY INFORMATION:
Background
On April 12, 2023, Commerce
published the Preliminary
Determination of the circumvention
inquiry of the AD and CVD orders on
CAAS from China 1 with respect to 4017
aluminum sheet, produced in China and
exported to the United States.2
Although we invited parties to comment
on the Preliminary Determination of this
inquiry, we received no comments. We
notified the U.S. International Trade
Commission (ITC) of our preliminary
determination and did not receive a
request for consultation from the ITC.3
Commerce conducted this
circumvention inquiry pursuant to
section 781© of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.226(j).
ddrumheller on DSK120RN23PROD with NOTICES1
Scope of the Orders
The merchandise covered by the
Orders is aluminum common alloy
sheet (common alloy 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 the Orders
includes both not clad aluminum sheet,
as well as multi-alloy, clad aluminum
sheet. With respect to not clad
aluminum sheet, common alloy sheet is
manufactured from a 1XXX-, 3XXX-, or
5XXX-series alloy as designated by the
Aluminum Association. With respect to
multi-alloy, clad aluminum sheet,
common alloy sheet is produced from a
3XXX-series core, to which cladding
layers are applied to either one or both
sides of the core.
Common alloy sheet may be made to
ASTM specification B209–14, but can
also be made to other specifications.
Regardless of specification, however, all
common alloy sheet meeting the scope
description is included in the scope.
Subject merchandise includes common
1 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Countervailing Duty
Order, 84 FR 2157 (February 6, 2019); and Common
Alloy Aluminum Sheet from the People’s Republic
of China: Antidumping Duty Order, 84 FR 2813
(February 8, 2019) (collectively, Orders).
2 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Preliminary Affirmative
Determination of Circumvention, 88 FR 21998
(April 12, 2023) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum
(PDM).
3 See Commerce’s Letter, ‘‘Common Alloy
Aluminum Sheet from the People’s Republic of
China: Preliminary Affirmative Determination of
Circumvention for 4017 Aluminum Sheet of the
Antidumping and Countervailing Duty Orders,’’
dated April 7, 2023.
VerDate Sep<11>2014
17:21 Jul 26, 2023
Jkt 259001
alloy sheet that has been further
processed in a third country, including
but not limited to annealing, tempering,
painting, varnishing, trimming, cutting,
punching, and/or slitting, or any other
processing that would not otherwise
remove the merchandise from the scope
of the Orders if performed in the
country of manufacture of the common
alloy sheet.
Excluded from the scope of the Orders
is aluminum can stock, which is
suitable for use in the manufacture of
aluminum beverage cans, lids of such
cans, or tabs used to open such cans.
Aluminum can stock is produced to
gauges that range from 0.200 mm to
0.292 mm, and has an H–19, H–41, H–
48, or H–391 temper. In addition,
aluminum can stock has a lubricant
applied to the flat surfaces of the can
stock to facilitate its movement through
machines used in the manufacture of
beverage cans. Aluminum can stock is
properly classified under Harmonized
Tariff Schedule of the United States
(HTSUS) subheadings 7606.12.3045 and
7606.12.3055.
Where the nominal and actual
measurements vary, a product is within
the scope if application of either the
nominal or actual measurement would
place it within the scope based on the
definitions set for the above.
Common alloy sheet is currently
classifiable under HTSUS subheadings
7606.11.3060, 7606.11.6000,
7606.12.3090, 7606.12.6000,
7606.91.3090, 7606.91.6080,
7606.92.3090, and 7606.92.6080.
Further, merchandise that falls within
the scope of the Orders may also be
entered into the United States under
HTSUS subheadings 7606.11.3030,
7606.12.3030, 7606.91.3060,
7606.91.6040, 7606.92.3060,
7606.92.6040, 7607.11.9090. Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
the Orders is dispositive.
Merchandise Subject to the
Circumvention Inquiry
This circumvention inquiry covers
aluminum sheet produced in China
from aluminum alloy 4017 and exported
to the United States. A complete
description of the merchandise subject
to the circumvention inquiry is
contained in the Preliminary Decision
Memorandum.4
Methodology
We conducted this circumvention
inquiry pursuant to section 781(c) of the
Act and 19 CFR 351.226(j). For a
PO 00000
4 See
Preliminary Determination, PDM.
Frm 00015
Fmt 4703
Sfmt 4703
48439
complete description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Affirmative Final Determination of
Circumvention
As detailed in the Preliminary
Determination,5 we determine, on the
basis of facts available with an adverse
inference, that 4017 aluminum sheet
produced in China and exported to the
United States constitutes merchandise
altered in form or appearance in such
minor respects that it should be
included within the scope of the Orders,
pursuant to section 781(c) of the Act
and 19 CFR 351.226(j). Commerce
continues to apply this affirmative
circumvention finding on a countrywide basis. Because we received no
comments regarding our Preliminary
Determination, our final determination
remains unchanged from our
Preliminary Determination. Therefore,
we determine that it is appropriate to
include this merchandise within the
scope of the Orders and to instruct U.S.
Customs and Border Protection (CBP) to
continue to suspend any entries of 4017
aluminum sheet produced in China and
exported to the United States.
Suspension of Liquidation
In accordance with 19 CFR
351.226(l)(3), based on this final
determination in this circumvention
inquiry, Commerce will direct CBP to
begin or continue to suspend
liquidation and to require cash deposits
of estimated duties equal to the AD and
CVD rates in effect for CAAS from China
for each unliquidated entry of 4017
aluminum sheet produced in China and
exported to the United States that has
been entered, or withdrawn from
warehouse, for consumption on or after
August 26, 2022.6 The suspension of
liquidation and cash deposit
5 Id.
6 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Initiation of
Circumvention Inquiry of the Antidumping and
Countervailing Duty Orders—4017 Aluminum
Sheet, 87 FR 52509 (August 26, 2022).
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48440
Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / Notices
requirements will remain in effect until
further notice.
Administrative Protective Order
This notice will serve as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination is published in
accordance with section 781(c) of the
Act and 19 CFR 351.226(g)(2).
Dated: July 21, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–15947 Filed 7–26–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–858]
Certain Softwood Lumber From
Canada: Notice of Initiation of
Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from the
Committee Overseeing Action for
Lumber International Trade
Investigations or Negotiations (the
petitioner), the U.S. Department of
Commerce (Commerce) is initiating a
changed circumstances review (CCR) of
the countervailing duty (CVD) order on
certain softwood lumber from Canada.
DATES: Applicable July 27, 2023.
FOR FURTHER INFORMATION CONTACT:
Samuel Brummitt, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–7851.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Background
On January 3, 2018, Commerce
published the CVD order on certain
softwood lumber from Canada.1 On May
1 See Certain Softwood Lumber Products from
Canada: Amended Final Affirmative Countervailing
VerDate Sep<11>2014
17:21 Jul 26, 2023
Jkt 259001
11, 2023, the petitioner requested that
Commerce initiate a CCR of the Order,
pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
19 CFR 351.216, and 19 CFR
251.221(c)(3).2 Specifically, the
petitioner requests that Commerce
determine that Interfor Corporation,
EACOM Timber Corporation, Chaleur
Forest Products Inc., and Chaleur Forest
Products LP are cross-owned entities.3
Scope of the Order
The merchandise covered by this
Order is softwood lumber, siding,
flooring and certain other coniferous
wood (softwood lumber products). The
scope includes:
• Coniferous wood, sawn, or chipped
lengthwise, sliced or peeled, whether or
not planed, whether or not sanded, or
whether or not finger-jointed, of an
actual thickness exceeding six
millimeters.
• Coniferous wood siding, flooring,
and other coniferous wood (other than
moldings and dowel rods), including
strips and friezes for parquet flooring,
that is continuously shaped (including,
but not limited to, tongued, grooved,
rebated, chamfered, V-jointed, beaded,
molded, rounded) along any of its edges,
ends, or faces, whether or not planed,
whether or not sanded, or whether or
not end-jointed.
• Coniferous drilled and notched
lumber and angle cut lumber.
• Coniferous lumber stacked on edge
and fastened together with nails,
whether or not with plywood sheathing.
• Components or parts of semifinished or unassembled finished
products made from subject
merchandise that would otherwise meet
the definition of the scope above.
Finished products are not covered by
the scope of this Order. For the
purposes of this scope, finished
products contain, or are comprised of,
subject merchandise and have
undergone sufficient processing such
that they can no longer be considered
intermediate products, and such
products can be readily differentiated
from merchandise subject to this Order
at the time of importation. Such
differentiation may, for example, be
shown through marks of special
adaptation as a particular product. The
following products are illustrative of the
type of merchandise that is considered
‘‘finished,’’ for the purpose of this
Duty Determination and Countervailing Duty Order,
83 FR 347 (January 3, 2018) (Order).
2 See the Petitioner’s Letter, ‘‘Certain Softwood
Lumber Products from Canada: Request for Changed
Circumstances Review,’’ dated May 11, 2023
(Petitioner’s Request for CCR).
3 Id.
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Frm 00016
Fmt 4703
Sfmt 4703
scope: I-joists; assembled pallets; cutting
boards; assembled picture frames;
garage doors.
The following items are excluded
from the scope of this Order:
• Softwood lumber products certified
by the Atlantic Lumber Board as being
first produced in the Provinces of
Newfoundland and Labrador, Nova
Scotia, or Prince Edward Island from
logs harvested in Newfoundland and
Labrador, Nova Scotia, or Prince
Edward Island.
• U.S.-origin lumber shipped to
Canada for processing and imported
into the United States if the processing
occurring in Canada is limited to one or
more of the following: (1) Kiln drying;
(2) planing to create smooth-to-size
board; or (3) sanding.
• Box-spring frame kits if they
contain the following wooden pieces—
two side rails, two end (or top) rails and
varying numbers of slats. The side rails
and the end rails must be radius-cut at
both ends. The kits must be individually
packaged and must contain the exact
number of wooden components needed
to make a particular box-spring frame,
with no further processing required.
None of the components exceeds 1″ in
actual thickness or 83″ in length.
• Radius-cut box-spring-frame
components, not exceeding 1″ in actual
thickness or 83″ in length, ready for
assembly without further processing.
The radius cuts must be present on both
ends of the boards and must be
substantially cut so as to completely
round one corner.
Softwood lumber product imports are
generally entered under Chapter 44 of
the HTSUS. This chapter of the HTSUS
covers ‘‘Wood and articles of wood.’’
Softwood lumber products that are
subject to this Order are currently
classifiable under the following ten-digit
HTSUS subheadings in Chapter 44:
4406.11.00.00; 4406.91.00.00;
4407.10.01.01; 4407.10.01.02;
4407.10.01.15; 4407.10.01.16;
4407.10.01.17; 4407.10.01.18;
4407.10.01.19; 4407.10.01.20;
4407.10.01.42; 4407.10.01.43;
4407.10.01.44; 4407.10.01.45;
4407.10.01.46; 4407.10.01.47;
4407.10.01.48; 4407.10.01.49;
4407.10.01.52; 4407.10.01.53;
4407.10.01.54; 4407.10.01.55;
4407.10.01.56; 4407.10.01.57;
4407.10.01.58; 4407.10.01.59;
4407.10.01.64; 4407.10.01.65;
4407.10.01.66; 4407.10.01.67;
4407.10.01.68; 4407.10.01.69;
4407.10.01.74; 4407.10.01.75;
4407.10.01.76; 4407.10.01.77;
4407.10.01.82; 4407.10.01.83;
4407.10.01.92; 4407.10.01.93;
4407.11.00.01; 4407.11.00.02;
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]]>Agencies
[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Notices]
[Pages 48438-48440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15947]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-073, C-570-074]
Common Alloy Aluminum Sheet From the People's Republic of China:
Affirmative Final Determination of Circumvention of the Antidumping and
Countervailing Duty Orders; 4017 Aluminum Sheet
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of aluminum sheet produced from aluminum alloy 4017 (4017
aluminum sheet) produced in the People's Republic of China (China) and
exported to the United States constitutes merchandise altered in form
or appearance in such minor respects that it should be included within
the scope of the antidumping duty (AD) and countervailing duty (CVD)
orders on common alloy aluminum sheet (CAAS) from China. As a result,
4017 aluminum sheet will be subject to suspension of liquidation
effective August 26, 2022.
DATES: Applicable July 27, 2023.
FOR FURTHER INFORMATION CONTACT: Frank Schmitt, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401
[[Page 48439]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
4880.
SUPPLEMENTARY INFORMATION:
Background
On April 12, 2023, Commerce published the Preliminary Determination
of the circumvention inquiry of the AD and CVD orders on CAAS from
China \1\ with respect to 4017 aluminum sheet, produced in China and
exported to the United States.\2\ Although we invited parties to
comment on the Preliminary Determination of this inquiry, we received
no comments. We notified the U.S. International Trade Commission (ITC)
of our preliminary determination and did not receive a request for
consultation from the ITC.\3\ Commerce conducted this circumvention
inquiry pursuant to section 781(copyright) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR 351.226(j).
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019);
and Common Alloy Aluminum Sheet from the People's Republic of China:
Antidumping Duty Order, 84 FR 2813 (February 8, 2019) (collectively,
Orders).
\2\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Preliminary Affirmative Determination of Circumvention, 88
FR 21998 (April 12, 2023) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum (PDM).
\3\ See Commerce's Letter, ``Common Alloy Aluminum Sheet from
the People's Republic of China: Preliminary Affirmative
Determination of Circumvention for 4017 Aluminum Sheet of the
Antidumping and Countervailing Duty Orders,'' dated April 7, 2023.
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by the Orders is aluminum common alloy
sheet (common alloy 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 the Orders includes both not clad aluminum sheet, as well as
multi-alloy, clad aluminum sheet. With respect to not clad aluminum
sheet, common alloy sheet is manufactured from a 1XXX-, 3XXX-, or 5XXX-
series alloy as designated by the Aluminum Association. With respect to
multi-alloy, clad aluminum sheet, common alloy sheet is produced from a
3XXX-series core, to which cladding layers are applied to either one or
both sides of the core.
Common alloy sheet may be made to ASTM specification B209-14, but
can also be made to other specifications. Regardless of specification,
however, all common alloy sheet meeting the scope description is
included in the scope. Subject merchandise includes common alloy sheet
that has been further processed in a third country, including but not
limited to annealing, tempering, painting, varnishing, trimming,
cutting, punching, and/or slitting, or any other processing that would
not otherwise remove the merchandise from the scope of the Orders if
performed in the country of manufacture of the common alloy sheet.
Excluded from the scope of the Orders is aluminum can stock, which
is suitable for use in the manufacture of aluminum beverage cans, lids
of such cans, or tabs used to open such cans. Aluminum can stock is
produced to gauges that range from 0.200 mm to 0.292 mm, and has an H-
19, H-41, H-48, or H-391 temper. In addition, aluminum can stock has a
lubricant applied to the flat surfaces of the can stock to facilitate
its movement through machines used in the manufacture of beverage cans.
Aluminum can stock is properly classified under Harmonized Tariff
Schedule of the United States (HTSUS) subheadings 7606.12.3045 and
7606.12.3055.
Where the nominal and actual measurements vary, a product is within
the scope if application of either the nominal or actual measurement
would place it within the scope based on the definitions set for the
above.
Common alloy sheet is currently classifiable under HTSUS
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3090, 7606.12.6000,
7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Further,
merchandise that falls within the scope of the Orders may also be
entered into the United States under HTSUS subheadings 7606.11.3030,
7606.12.3030, 7606.91.3060, 7606.91.6040, 7606.92.3060, 7606.92.6040,
7607.11.9090. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of the Orders is dispositive.
Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers aluminum sheet produced in China
from aluminum alloy 4017 and exported to the United States. A complete
description of the merchandise subject to the circumvention inquiry is
contained in the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Preliminary Determination, PDM.
---------------------------------------------------------------------------
Methodology
We conducted this circumvention inquiry pursuant to section 781(c)
of the Act and 19 CFR 351.226(j). For a complete description of the
methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is
a public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Affirmative Final Determination of Circumvention
As detailed in the Preliminary Determination,\5\ we determine, on
the basis of facts available with an adverse inference, that 4017
aluminum sheet produced in China and exported to the United States
constitutes merchandise altered in form or appearance in such minor
respects that it should be included within the scope of the Orders,
pursuant to section 781(c) of the Act and 19 CFR 351.226(j). Commerce
continues to apply this affirmative circumvention finding on a country-
wide basis. Because we received no comments regarding our Preliminary
Determination, our final determination remains unchanged from our
Preliminary Determination. Therefore, we determine that it is
appropriate to include this merchandise within the scope of the Orders
and to instruct U.S. Customs and Border Protection (CBP) to continue to
suspend any entries of 4017 aluminum sheet produced in China and
exported to the United States.
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\5\ Id.
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Suspension of Liquidation
In accordance with 19 CFR 351.226(l)(3), based on this final
determination in this circumvention inquiry, Commerce will direct CBP
to begin or continue to suspend liquidation and to require cash
deposits of estimated duties equal to the AD and CVD rates in effect
for CAAS from China for each unliquidated entry of 4017 aluminum sheet
produced in China and exported to the United States that has been
entered, or withdrawn from warehouse, for consumption on or after
August 26, 2022.\6\ The suspension of liquidation and cash deposit
[[Page 48440]]
requirements will remain in effect until further notice.
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\6\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Initiation of Circumvention Inquiry of the Antidumping and
Countervailing Duty Orders--4017 Aluminum Sheet, 87 FR 52509 (August
26, 2022).
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Administrative Protective Order
This notice will serve as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This determination is published in accordance with section 781(c)
of the Act and 19 CFR 351.226(g)(2).
Dated: July 21, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-15947 Filed 7-26-23; 8:45 am]
BILLING CODE 3510-DS-P
