Common Alloy Aluminum Sheet From Germany: Final Results of Antidumping Duty Administrative Review; 2020-2022, 77556-77558 [2023-24928]
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<![CDATA[
77556
Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Notices
Pursuant to a refinement in our nonmarket economy practice, for sales that
were not reported in the U.S. sales data
submitted by companies individually
examined during this review, we will
instruct CBP to liquidate entries
associated with those sales at the rate
for the China-wide entity. Furthermore,
where we found that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s cash
deposit rate) will be liquidated at the
rate for the China-wide entity.28
Notification to Importers Regarding the
Reimbursement of Duties
Cash Deposit Requirements
Administrative Protective Order (APO)
The following per-unit cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) for DJAC,
Jilin Bright, and the non-examined
separate rate respondents, the cash
deposit rate will be equal to their
weighted-average dumping margins
established in the final results of this
review; (2) for previously investigated or
reviewed Chinese and non-Chinese
exporters not listed above that have
separate rates, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recently
completed segment of this proceeding in
which they were reviewed; (3) for all
Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be equal to the
weighted-average dumping margin for
the China-wide entity (i.e., 2.42 USD/
kg); and (4) for all non-Chinese
exporters of subject merchandise which
have not received their own separate
rate, the cash deposit rate will be the
rate applicable to the Chinese
exporter(s) that supplied that nonChinese exporter. These per-unit cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
khammond on DSKJM1Z7X2PROD with NOTICES
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
28 For a full discussion of this practice, see
Assessment Practice Refinement, 76 FR at 65694.
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17:12 Nov 09, 2023
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This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties has occurred and
the subsequent assessment of double
antidumping duties.
This notice also serves as a reminder
to parties subject to an 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 terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: November 3, 2023.
Abdelali Elouaradia,
Deputy 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Bituminous Coal Surrogate
Value (SV)
Comment 2: Coal Tar SV
Comment 3: Deduction of Unrefunded or
Irrecoverable Value-Added Tax (VAT)
from U.S. Price
Comment 4: Selection of Surrogate
Financial Statements and Calculation of
Surrogate Financial Ratios
Comment 5: Whether to Use Jilin Bright’s
Revised Factors of Production (FOP)
Database
Comment 6: Adjustment of DJAC USA’s
Reported Indirect Selling Expense (ISE)
Ratio
Comment 7: Adjustment of Natural Gas
FOP and SV
Comment 8: Alleged Under-Reporting of
Per-Unit Anthracite Coal Consumption
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
for DJAC’s Supplier’s Impregnated
Products
VI. Recommendation
Appendix II
Companies Not Eligible for a Separate Rate
and Treated as Part of the China-Wide Entity
1. Beijing Pacific Activated Carbon Products
Co., Ltd.
2. Bengbu Modern Environmental Co., Ltd.
3. Carbon Activated Tianjin Co., Ltd.
4. Shanxi DMD Corp.
5. Shanxi Tianxi Purification Filter Co., Ltd.
6. Sinoacarbon International Trading Co.,
Ltd.
7. Tianjin Maijin Industries Co., Ltd.
[FR Doc. 2023–24892 Filed 11–9–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–849]
Common Alloy Aluminum Sheet From
Germany: 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 respondents under review sold
common alloy aluminum sheet (CAAS)
from Germany in the United States at
less than normal value (NV) during the
period of review (POR), October 15,
2020, through March 31, 2022.
DATES: Applicable November 13, 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.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On May 10, 2023, Commerce
published notice of the Preliminary
Results of this review in the Federal
Register and invited interested parties
to comment on those results.1 For
details regarding the events that
occurred subsequent to publication of
1 See Common Alloy Aluminum Sheet from
Germany: Preliminary Results of Antidumping Duty
Administrative Review; 2020–2022, 88 FR 30087
(May 10, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
E:\FR\FM\13NON1.SGM
13NON1
Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Notices
Preliminary Results, see the Issues and
Decision Memorandum.2
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(B) of the Tariff
Act of 1930, as amended (the Act).
Scope of the Order 3
The product covered by the Order is
common alloy aluminum sheet from
Germany. Common alloy sheet is
currently classifiable under Harmonized
Tariff Schedule of the United States
(HTSUS) subheadings 7606.11.3060,
7606.11.6000, 7606.12.3096,
7606.12.6000, 7606.91.3095,
7606.91.6095, 7606.92.3035, and
7606.92.6095. Further, merchandise that
falls within the scope of the Order may
also be entered into the United States
under HTSUS subheadings
7606.11.3030, 7606.12.3015,
7606.12.3025, 7606.12.3035,
7606.12.3091, 7606.91.3055,
7606.91.6055, 7606.92.3025,
7606.92.6055, 7607.11.9090. Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
the Order is dispositive.
For a complete description of the
scope, see the Issues and Decision
Memorandum.
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs in the Issues and
Decision Memorandum. A list of the
issues that parties raised, and to which
we responded in the Issues and
Decision Memorandum, is attached as
an appendix to this notice. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
parties regarding the Preliminary
Results, we made certain changes to our
margin calculations for Novelis
Deutschland GmbH (Novelis) and Speira
GmbH (Speira) (which is the successorin-interest to Hydro Aluminium Rolled
Products GmbH (HARP)) which also
changed the weighted-average dumping
margin assigned to the non-individually
examined company under review,
Constellium Rolled Products Singen
GmbH & Co. KG. (Constellium). For a
discussion of these changes, see the
Issues and Decision Memorandum.
Successor-in-Interest Determination
In the Preliminary Results, Commerce
determined that Speira is the successorin-interest to HARP.4 No party
commented on this issue, and we have
received no information that contradicts
our preliminary finding. Therefore, we
continue to find that Speira is the
successor-in-interest to HARP.
Rates for Companies Not Selected for
Individual Examination
The statute and Commerce’s
regulations do not address the
appropriate dumping margin to apply to
respondents that were not selected for
individual examination when
Commerce limits its examination in an
administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in an
investigation, for guidance when
calculating the weighted-average
dumping margin for respondents that
were not individually examined in an
administrative review.
Section 735(c)(5)(A) of the Act
provides that the all-others rate should
be calculated by weight averaging the
weighted-average dumping margins
determined for individually-examined
respondents, excluding rates that are
zero, de minimis, or based entirely on
facts available. When the rates
determined for individually examined
respondents are all zero, de minimis, or
based entirely on facts available, section
735(c)(5)(B) of the Act provides that
Commerce may use ‘‘any reasonable
method’’ to establish the all-others rate.
The final weighted-average dumping
margins that we calculated for the
mandatory respondents Novelis and
Speira are not zero, de minimis, or
based entirely on facts available.
Therefore, we assigned a weightedaverage dumping margin to the nonindividually examined respondent
Constellium that is equal to the
weighted average of the weightedaverage dumping margins that we
calculated for Novelis and Speira,
consistent with the guidance in section
735(c)(5)(A) of the Act. We weighted
Novelis and Speira’s weighted-average
dumping margins based on the publicly
ranged value of their sales.5
Final Results of Review
We are assigning the following
estimated weighted-average dumping
margins to the firms listed below for the
period October 15, 2020, through March
31, 2022:
Weighted-average
dumping margin
(percent)
Producer or exporter
Novelis Deutschland GmbH ........................................................................................................................................................
Speira GmbH (successor-in-interest to Hydro Aluminium Rolled Products GmbH) ...................................................................
Review-Specific Rate Applicable to the Following Non-Examined Company:
Constellium Rolled Products Singen GmbH & Co. KG .......................................................................................................
khammond on DSKJM1Z7X2PROD with NOTICES
Disclosure
Commerce intends to disclose to
parties to the proceeding the
calculations performed for these final
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Common Alloy Aluminum Sheet from
Germany; 2020–2022,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
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77557
16.42
16.69
16.51
results of review within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
Assessment Rate
3 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).
4 See Preliminary Results, 88 FR at 30087 and
accompanying PDM at 4–5.
5 See Memorandum ‘‘Calculation of the WeightedAverage Dumping Margin for the Company Not
Selected for Individual Examination’’ dated
concurrently with this notice.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
will determine, and U.S. Customs and
E:\FR\FM\13NON1.SGM
13NON1
khammond on DSKJM1Z7X2PROD with NOTICES
77558
Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Notices
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise covered
by the final results of this review.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication date 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).
Where the respondent reported
reliable entered values, we calculated
importer–specific ad valorem
assessment rates by aggregating the
amount of dumping calculated for all
U.S. sales to the importer and dividing
this amount by the total entered value
of the merchandise sold to the
importer.6 Where the respondent did
not report reliable entered values, we
calculated importer-specific per-unit
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
calculated an estimated ad valorem
importer–specific assessment rate to
determine whether the per-unit
assessment rate is de minimis (i.e., 0.50
percent or less).7 Where an importer–
specific ad valorem assessment rate is
not zero or de minimis, Commerce will
instruct CBP to collect the appropriate
duties at the time of liquidation.
However, where an importer-specific ad
valorem assessment rate is zero or de
minimis, or a respondent’s weightedaverage dumping margin is zero or de
minimis, Commerce will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.8
We will instruct CBP to apply an
assessment rate to entries of subject
merchandise from the non-individually
examined company, Constellium, equal
to the company’s weighted-average
dumping margin listed in the table in
the ‘‘Final Results of Review’’ section
above.
For entries that were not reported in
the U.S. sales data submitted by
Novelis, and Speira, but that were
entered under their CBP 10-digit case
numbers (i.e., their cash deposit rates
were applied at the time of entry),
Commerce will instruct CBP to liquidate
such entries at the all-others rate if there
is no rate for the intermediate
6 See
19 CFR 351.212(b)(1).
7 Id.
8 See
19 CFR 351.106(c)(2).
VerDate Sep<11>2014
17:12 Nov 09, 2023
Jkt 262001
company(ies) involved in the
transaction.9
regulations and the terms of an APO is
a sanctionable violation.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on, or after, the date of
publication of this notice in the Federal
Register, as provided for by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for the companies identified
in the table in the ‘‘Final Results of
Review’’ section above will be equal to
the weighted-average dumping margin
listed for the company in that table; (2)
the cash deposit rate for an exporter not
covered by this administrative, will
continue to be the company’s currently
existing cash deposit rate; (3) if the
exporter was not covered by this review
or a completed segment of this
proceeding, but the producer of the
subject merchandise was covered, the
cash deposit rate will be the producers’
most recently established cash deposit
rate; and (4) the cash deposit rate for all
other producers or exporters will
continue to be 49.40 percent, the cash
deposit rate established in the
investigation of this proceeding.10
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Interested Parties
We are issuing these final results of
administrative review 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) and 19 CFR
351.213(h)(2).
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a final
reminder to parties subject to 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
9 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
10 See Order, 86 FR at 22142.
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Frm 00010
Fmt 4703
Sfmt 4703
Dated: November 3, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results of
Review
V. Discussion of the Issues
General Issues
Comment 1: Whether Commerce Should
Revise its Draft Customs Instructions
Novelis
Comment 2: Whether Commerce Made
Certain Ministerial Errors
Comment 3: Whether Commerce Should
Include Certain Quarterly Billing
Adjustments in its Calculation of Net
Home Market Prices Speira
Comment 4: Whether to Reduce Section
232 Duties Paid on Certain Sales by
Claimed Reimbursements
Comment 5: Whether Commerce
Improperly Excluded Certain U.S. Sales
from the Margin Calculations
Comment 6: Whether Commerce Double
Counted Merchandise Processing and
Harbor Maintenance Fees for Certain
Sales
VI. Recommendation
[FR Doc. 2023–24928 Filed 11–9–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD517]
Caribbean Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public hybrid meeting
(in-person/virtual).
AGENCY:
The Caribbean Fishery
Management Council (CFMC) will hold
the 183rd public hybrid meeting to
address the items contained in the
tentative agenda included in the
SUPPLEMENTARY INFORMATION.
SUMMARY:
E:\FR\FM\13NON1.SGM
13NON1
]]>Agencies
[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Notices]
[Pages 77556-77558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24928]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-849]
Common Alloy Aluminum Sheet From Germany: Final 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) determines that the
respondents under review sold common alloy aluminum sheet (CAAS) from
Germany in the United States at less than normal value (NV) during the
period of review (POR), October 15, 2020, through March 31, 2022.
DATES: Applicable November 13, 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 May 10, 2023, Commerce published notice of the Preliminary
Results of this review in the Federal Register and invited interested
parties to comment on those results.\1\ For details regarding the
events that occurred subsequent to publication of
[[Page 77557]]
Preliminary Results, see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from Germany: Preliminary
Results of Antidumping Duty Administrative Review; 2020-2022, 88 FR
30087 (May 10, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Common Alloy Aluminum Sheet from Germany; 2020-2022,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
Scope of the Order 3
---------------------------------------------------------------------------
\3\ 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).
---------------------------------------------------------------------------
The product covered by the Order is common alloy aluminum sheet
from Germany. Common alloy sheet is currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000, 7606.91.3095,
7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, merchandise that
falls within the scope of the Order may also be entered into the United
States under HTSUS subheadings 7606.11.3030, 7606.12.3015,
7606.12.3025, 7606.12.3035, 7606.12.3091, 7606.91.3055, 7606.91.6055,
7606.92.3025, 7606.92.6055, 7607.11.9090. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of the Order is dispositive.
For a complete description of the scope, see the Issues and
Decision Memorandum.
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum. A list of the issues that parties
raised, and to which we responded in the Issues and Decision
Memorandum, is attached as an appendix to this notice. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding the Preliminary Results, we made certain
changes to our margin calculations for Novelis Deutschland GmbH
(Novelis) and Speira GmbH (Speira) (which is the successor-in-interest
to Hydro Aluminium Rolled Products GmbH (HARP)) which also changed the
weighted-average dumping margin assigned to the non-individually
examined company under review, Constellium Rolled Products Singen GmbH
& Co. KG. (Constellium). For a discussion of these changes, see the
Issues and Decision Memorandum.
Successor-in-Interest Determination
In the Preliminary Results, Commerce determined that Speira is the
successor-in-interest to HARP.\4\ No party commented on this issue, and
we have received no information that contradicts our preliminary
finding. Therefore, we continue to find that Speira is the successor-
in-interest to HARP.
---------------------------------------------------------------------------
\4\ See Preliminary Results, 88 FR at 30087 and accompanying PDM
at 4-5.
---------------------------------------------------------------------------
Rates for Companies Not Selected for Individual Examination
The statute and Commerce's regulations do not address the
appropriate dumping margin to apply to respondents that were not
selected for individual examination when Commerce limits its
examination in an administrative review pursuant to section 777A(c)(2)
of the Act. Generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in an
investigation, for guidance when calculating the weighted-average
dumping margin for respondents that were not individually examined in
an administrative review.
Section 735(c)(5)(A) of the Act provides that the all-others rate
should be calculated by weight averaging the weighted-average dumping
margins determined for individually-examined respondents, excluding
rates that are zero, de minimis, or based entirely on facts available.
When the rates determined for individually examined respondents are all
zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method'' to establish the all-others rate.
The final weighted-average dumping margins that we calculated for
the mandatory respondents Novelis and Speira are not zero, de minimis,
or based entirely on facts available. Therefore, we assigned a
weighted-average dumping margin to the non-individually examined
respondent Constellium that is equal to the weighted average of the
weighted-average dumping margins that we calculated for Novelis and
Speira, consistent with the guidance in section 735(c)(5)(A) of the
Act. We weighted Novelis and Speira's weighted-average dumping margins
based on the publicly ranged value of their sales.\5\
---------------------------------------------------------------------------
\5\ See Memorandum ``Calculation of the Weighted-Average Dumping
Margin for the Company Not Selected for Individual Examination''
dated concurrently with this notice.
---------------------------------------------------------------------------
Final Results of Review
We are assigning the following estimated weighted-average dumping
margins to the firms listed below for the period October 15, 2020,
through March 31, 2022:
------------------------------------------------------------------------
Weighted-average
Producer or exporter dumping margin
(percent)
------------------------------------------------------------------------
Novelis Deutschland GmbH............................ 16.42
Speira GmbH (successor-in-interest to Hydro 16.69
Aluminium Rolled Products GmbH)....................
Review-Specific Rate Applicable to the Following Non-
Examined Company:
Constellium Rolled Products Singen GmbH & Co. KG 16.51
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose to parties to the proceeding the
calculations performed for these final results of review within five
days of the date of publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce will determine, and U.S. Customs and
[[Page 77558]]
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries of subject merchandise covered by the final results
of this review. Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the date of publication date 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).
Where the respondent reported reliable entered values, we
calculated importer-specific ad valorem assessment rates by aggregating
the amount of dumping calculated for all U.S. sales to the importer and
dividing this amount by the total entered value of the merchandise sold
to the importer.\6\ Where the respondent did not report reliable
entered values, we calculated importer-specific per-unit 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 calculated an estimated ad valorem importer-specific
assessment rate to determine whether the per-unit assessment rate is de
minimis (i.e., 0.50 percent or less).\7\ Where an importer-specific ad
valorem assessment rate is not zero or de minimis, Commerce will
instruct CBP to collect the appropriate duties at the time of
liquidation. However, where an importer-specific ad valorem assessment
rate is zero or de minimis, or a respondent's weighted-average dumping
margin is zero or de minimis, Commerce will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\8\
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\6\ See 19 CFR 351.212(b)(1).
\7\ Id.
\8\ See 19 CFR 351.106(c)(2).
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We will instruct CBP to apply an assessment rate to entries of
subject merchandise from the non-individually examined company,
Constellium, equal to the company's weighted-average dumping margin
listed in the table in the ``Final Results of Review'' section above.
For entries that were not reported in the U.S. sales data submitted
by Novelis, and Speira, but that were entered under their CBP 10-digit
case numbers (i.e., their cash deposit rates were applied at the time
of entry), Commerce will instruct CBP to liquidate such entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\9\
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\9\ 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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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on, or after, the date of publication of
this notice in the Federal Register, as provided for by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
identified in the table in the ``Final Results of Review'' section
above will be equal to the weighted-average dumping margin listed for
the company in that table; (2) the cash deposit rate for an exporter
not covered by this administrative, will continue to be the company's
currently existing cash deposit rate; (3) if the exporter was not
covered by this review or a completed segment of this proceeding, but
the producer of the subject merchandise was covered, the cash deposit
rate will be the producers' most recently established cash deposit
rate; and (4) the cash deposit rate for all other producers or
exporters will continue to be 49.40 percent, the cash deposit rate
established in the investigation of this proceeding.\10\
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\10\ See Order, 86 FR at 22142.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
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 these final results of administrative review 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) and 19 CFR
351.213(h)(2).
Dated: November 3, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results of Review
V. Discussion of the Issues
General Issues
Comment 1: Whether Commerce Should Revise its Draft Customs
Instructions
Novelis
Comment 2: Whether Commerce Made Certain Ministerial Errors
Comment 3: Whether Commerce Should Include Certain Quarterly
Billing Adjustments in its Calculation of Net Home Market Prices
Speira
Comment 4: Whether to Reduce Section 232 Duties Paid on Certain
Sales by Claimed Reimbursements
Comment 5: Whether Commerce Improperly Excluded Certain U.S.
Sales from the Margin Calculations
Comment 6: Whether Commerce Double Counted Merchandise
Processing and Harbor Maintenance Fees for Certain Sales
VI. Recommendation
[FR Doc. 2023-24928 Filed 11-9-23; 8:45 am]
BILLING CODE 3510-DS-P
