Aluminum Lithographic Printing Plates From the People's Republic of China: Preliminary Determination of Critical Circumstances, in Part, in the Countervailing Duty Investigation, 24433-24435 [2024-07346]

Download as PDF Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Notices liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s March 26, 2024, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Results. This notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court judgment, Commerce is amending its Final Results with respect to Tokyo Steel’s weighted-average dumping margin as follows: Tokyo Steel Manufacturing Co., Ltd ........................................... BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE 5.20 Cash Deposit Requirements Because Tokyo Steel has a superseding cash deposit rate, i.e., there have been final results published in a subsequent administrative review, we will not issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). This notice will not affect the current cash deposit rate. lotter on DSK11XQN23PROD with NOTICES1 Liquidation of Suspended Entries At this time, Commerce remains enjoined by CIT order from liquidating entries that were produced by Tokyo Steel and imported by Optima Steel International, LLC and were entered, or withdrawn from warehouse, for consumption during the period October 1, 2020, through September 30, 2021. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process. In the event the CIT’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess antidumping duties on unliquidated entries of subject merchandise produced by Tokyo Steel and imported by Optima Steel International, LLC in accordance with 19 CFR 351.212(b), where appropriate. Commerce intends to instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific ad valorem assessment rate is not zero or de minimis. Where an importer-specific ad valorem assessment rate is zero or de minimis, Commerce intends to instruct CBP to liquidate the appropriate entries without regard to antidumping duties. VerDate Sep<11>2014 16:37 Apr 05, 2024 Jkt 262001 Dated: April 2, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–07379 Filed 4–5–24; 8:45 am] Weighted average dumping margin (percent) Producer/exporter Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e), and 777(i)(1) of the Act. International Trade Administration [C–570–157] Aluminum Lithographic Printing Plates From the People’s Republic of China: Preliminary Determination of Critical Circumstances, in Part, in the Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that critical circumstances exist, in part, with respect to imports of aluminum lithographic printing plates (printing plates) from certain producers and exporters from the People’s Republic of China (China). DATES: Applicable April 8, 2024. FOR FURTHER INFORMATION CONTACT: Ajay Menon, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0208. SUPPLEMENTARY INFORMATION: AGENCY: Background In response to a countervailing duty (CVD) petition filed on September 28, 2023, Commerce published the initiation of a CVD investigation on printing plates from China.1 Further, on March 1, 2024, Commerce published its affirmative Preliminary Determination.2 In the Preliminary Determination, we examined one participating mandatory respondent, Fujifilm Printing Plate 1 See Aluminum Lithographic Printing Plates from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 88 FR 73313 (October 25, 2023) (Initiation Notice). 2 See Aluminum Lithographic Printing Plates from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination with Final Antidumping Duty Determination, 89 FR 15134 (March 1, 2024) (Preliminary Determination), and accompanying Preliminary Determination Memorandum (PDM). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 24433 (China) Co., Ltd. (FFPS), and assigned a second respondent which failed to participate, Shanghai National Ink Co. Ltd. (Shanghai National), a rate based on adverse facts available (AFA).3 On March 8, 2024, the petitioner, Eastman Kodak Company, filed a timely allegation, pursuant to section 703(e)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.206, that critical circumstances exist with respect to imports of printing plates from China.4 On March 14, 2024, FFPS filed comments on the petitioner’s critical circumstances allegation,5 to which the petitioner responded on March 18, 2024.6 In accordance with section 703(e)(1) of the Act and 19 CFR 351.206(c)(1) and (2)(ii), because the petitioner submitted its critical circumstances allegation more than 30 days before the scheduled date of the final determination, Commerce will make a preliminary finding as to whether there is a reasonable basis to believe or suspect that critical circumstances exist and will issue a preliminary critical circumstances determination within 30 days after the allegation is filed. Critical Circumstances Allegation The petitioner alleges that there was a massive increase of imports of printing plates from China and provided monthly import data comparing a base period of May 2023 through September 2023 to a comparison period of October 2023 through February 2024.7 The petitioner asserts that this comparison shows that imports of printing plates from China increased by 56.10 percent,8 which is ‘‘massive’’ under 19 CFR 351.206(h)(2). The petitioner also alleges that there is a reasonable basis to believe that there are subsidies in this investigation which are inconsistent with the World Trade Organization’s Agreement on Subsidies and Countervailing Measures Agreement (SCM Agreement).9 Critical Circumstances Analysis Section 703(e)(1) of the Act provides that Commerce will preliminarily 3 Id. 4 See Petitioner’s Letter, ‘‘Petitioner’s Allegation of Critical Circumstances,’’ dated March 8, 2024 (Critical Circumstances Allegation). 5 See FFPS’ Letter, ‘‘FFPS Response to Critical Circumstances Allegation,’’ dated March 14, 2024 (FFPS’ Critical Circumstances Response). 6 See Petitioner’s Letter, ‘‘Petitioner’s Comments on FUJIJFILM Printing Plate (China) Co., Ltd.’s Response to Critical Circumstances Allegation,’’ dated March 18, 2024 (Petitioner’s Critical Circumstances Rebuttal Comments). 7 See Critical Circumstances Allegation at Attachment 1. 8 Id. at 7. 9 Id. at 4. E:\FR\FM\08APN1.SGM 08APN1 24434 Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Notices determine that critical circumstances exist in a CVD investigation if there is a reasonable basis to believe or suspect that: (A) the alleged countervailable subsidy is inconsistent with the SCM Agreement; 10 and (B) there have been massive imports of the subject merchandise over a relatively short period. Pursuant to 19 CFR 351.206(h)(2), imports must increase by at least 15 percent during the ‘‘relatively short period’’ to be considered ‘‘massive,’’ and 19 CFR 351.206(i) defines a ‘‘relatively short period’’ as normally being the period beginning on the date the proceeding begins (i.e., the date the petition is filed) and ending at least three months later.11 However, the regulations also provide that if Commerce finds that importers, or exporters or producers, had reason to believe, at some time prior to the beginning of the proceeding, that a proceeding was likely, Commerce may consider a period of not less than three months from the earlier time.12 lotter on DSK11XQN23PROD with NOTICES1 Alleged Countervailable Subsidies Are Inconsistent With the SCM Agreement To determine whether an alleged countervailable subsidy is inconsistent with the SCM Agreement, in accordance with section 703(e)(1)(A) of the Act, Commerce considered the evidence currently on the record of this investigation. As discussed in the Preliminary Determination, we applied AFA to find that the non-cooperating mandatory respondent Shanghai National received countervailable subsidies under the following programs which the record indicates are exportcontingent, rendering them inconsistent with the SCM Agreement: Export Buyer’s Credit from China ExportImport (Ex-Im) Bank, Export Loans from State-Owned Banks, Export Seller’s Credit from China Ex-Im Bank, Development of Famous Brands and China World Top Brands, Foreign Trade Development Fund Grants, and Export Assistance Grants.13 In the Preliminary Determination, we found that FFPS’ unaffiliated producer JRT received countervailable subsidies under the Foreign Trade Development Fund Grants program during the POI 10 Commerce limits its critical circumstances findings to those subsidies contingent upon export performance or use of domestic over imported goods (i.e., those prohibited under Article 3 of the SCM Agreement). See, e.g., Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination: Carbon and Certain Alloy Steel Wire from Germany, 67 FR 55808, 55809–10 (August 30, 2002). 11 See 19 CFR 351.206. 12 See 19 CFR 351.206(i). 13 See Preliminary Determination PDM at Appendix I. VerDate Sep<11>2014 16:37 Apr 05, 2024 Jkt 262001 and average useful life period.14 As discussed in the Preliminary Determination, because the Government of China failed to cooperate by not acting to the best of its ability to respond to our requests for information regarding the Foreign Trade Development Fund Grants program, we relied on sections 776(a)(1), (a)(2)(A)– (C), and 776(b) of the Act to find that this program constitutes a financial contribution and meets the specificity requirements of the Act.15 However, information from the petition indicates that this program is export contingent.16 Thus, because we find that the Foreign Trade Development Fund Grants program is export contingent, we primarily find that the criterion under section 703(e)(1)(A) of the Act has been met for FFPS.17 Therefore, Commerce preliminarily determines for purposes of this critical circumstances determination that there are subsidies in this investigation that are inconsistent with the SCM Agreement. Massive Imports In determining whether there have been ‘‘massive imports’’ over a ‘‘relatively short period,’’ pursuant to section 703(e)(1)(B) of the Act, Commerce normally compares the import volumes of the subject merchandise for at least three months immediately preceding the filing of the petition (i.e., the ‘‘base period’’) to a comparable period of at least three months following the filing of the petition (i.e., the ‘‘comparison period’’). In this case, Commerce compared the import volumes of subject merchandise, as provided by the cooperating mandatory respondent FFPS, for the four months immediately preceding and four months following the filing of the petition. Imports normally will be considered massive when imports during the comparison period have 14 As discussed in the PDM, FFPS provided responses from Huangshan Jinruitai Technology Co., Ltd., an unaffiliated producer of subject merchandise and the parent of Zhejiang Jinruitai New Material Co., Ltd., a trading company and producer of subject merchandise (collectively, JRT). See Preliminary Determination PDM at 2–3. 15 See Preliminary Determination PDM at 6–7. 16 Id. at 48; see also Checklist, ‘‘Countervailing Duty Investigation Initiation Checklist,’’ dated October 18, 2023, at 16. 17 We disagree with FFPS that there is an error in Commerce’s attribution of the benefit JRT received under this program. See FFPS’ Critical Circumstances Response; see also Petitioner’s Critical Circumstances Rebuttal Comments. Commerce attributed the benefit JRT received under this program in the manner intended; thus, our attribution of JRT’s benefits is a methodological decision, not an error that would lead us to determine that the benefits attributed to FFPS under this program are not measurable. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 increased by 15 percent or more compared to imports during the base period.18 Because the petition was filed on September 28, 2023, to determine whether there was a massive surge in imports for FFPS, Commerce compared the total volume of shipments during the period of June 2023 through September 2023 with the volume of shipments during the period of October 2023 through January 2024.19 Based on this analysis, we primarily determine that there was a massive surge in imports between the base and comparison periods for FFPS.20 For all other exporters and producers, in accordance with our practice,21 we examined monthly shipment data for the same time periods noted above using import data from Global Trade Atlas (GTA), adjusted to remove FFPS’ shipment data.22 After subtracting FFPS’ shipment data from the GTA data, we analyzed the overall shipment data by comparing the base and comparison periods, respectively. Based on this analysis, we find that there were no massive imports for all other exporters and producers from China.23 Finally, as explained in the Preliminary Determination,we preliminarily applied AFA to Shanghai National because it failed to cooperate in this proceeding.24 Therefore, for Shanghai National, we preliminarily determine, in accordance with section 776(b) of the Act, that there was a massive surge in imports between the base and comparison periods. Conclusion Based on the criteria and findings discussed above, we preliminarily determine that critical circumstances exist with respect to imports of printing plates from China produced or exported by FFPS and Shanghai National. We preliminarily determine that critical circumstances do not exist with respect to imports of printing plates from China with respect to all other exporters and producers. 18 See 19 CFR 351.206(h)(2). FFPS’s Letter, ‘‘Fujifilm’s Response to Request for Quantity & Value Data,’’ dated March 19, 2024. 20 See Memorandum, ‘‘Critical Circumstances Analysis,’’ dated concurrently with this memorandum at Attachment 1 (Critical Circumstances Analysis Memo). 21 See Countervailing Duty Investigation of Tin Mill Products from the People’s Republic of China: Preliminary Determination of Critical Circumstances, in Part, 88 FR 46738 (July 20, 2023). 22 Id. 23 Id. 24 See Preliminary Determination PDM at 7. 19 See E:\FR\FM\08APN1.SGM 08APN1 Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Notices Final Critical Circumstances Determination We will make a final critical circumstances determination in the final CVD determination, which is currently scheduled for July 9, 2024. lotter on DSK11XQN23PROD with NOTICES1 Public Comment Case briefs or other written comments related to this preliminary determination of critical circumstances may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.25 Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.26 As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this investigation, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.27 Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final determination in this investigation. We request that interested parties include footnotes for relevant citations in the public executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).28 Electronically filed documents must be received successfully in their entirety by 5:00 p.m. Eastern Time on the due dates established.29 25 See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) (APO and Service Final Rule). 26 See 19 CFR 351.309(c)(2) and (d)(2). 27 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 28 See APO and Service Final Rule, 88 FR at 67069. 29 See 19 CFR 351.303(b)(1). VerDate Sep<11>2014 16:37 Apr 05, 2024 Jkt 262001 Suspension of Liquidation In accordance with section 703(e)(2)(A) of the Act, for FFPS and Shanghai National, we intend to direct U.S. Customs and Border Protection (CBP) to suspend liquidation of any unliquidated entries of subject merchandise from the China entered, or withdrawn from warehouse for consumption, on or after December 1, 2023, which is 90 days prior to the date of publication of the Preliminary Determination in the Federal Register. For such entries, CBP shall require a cash deposit equal to the estimated preliminary subsidy rates established in the Preliminary Determination. This suspension of liquidation will remain in effect until further notice. U.S. International Trade Commission (ITC) Notification In accordance with section 703(f) of the Act, we intend to notify the ITC of this preliminary determination of critical circumstances. This determination is issued and published pursuant to sections 703(f) and 777(i)(1) of the Act. Dated: April 1, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–07346 Filed 4–5–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD830] Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. AGENCY: The Mid-Atlantic Fishery Management Council’s (MAFMC) Ecosystem and Ocean Planning Advisory Panel and Committee will hold a meeting. See SUPPLEMENTARY INFORMATION for agenda details. DATES: The meeting will take place via webinar on Friday, April 26, 2024, from 9 a.m. to 12 p.m. ADDRESSES: The meeting will take place over webinar with a telephone-only connection option. Details on how to connect to the meeting will be posted at: www.mafmc.org. SUMMARY: PO 00000 Frm 00013 Fmt 4703 Sfmt 9990 24435 Council address: Mid-Atlantic Fishery Management Council, 800 N State Street, Suite 201, Dover, DE 19901; telephone: (302) 674–2331; website: www.mafmc.org. FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526–5255. During this meeting, the Ecosystem and Ocean Planning Advisory Panel and Committee will discuss the unmanaged commercial landings reports which are provided to the Mid-Atlantic Fishery Management Council (Council) by NOAA Fisheries each year. The goal of these reports is to monitor for signs of developing unmanaged commercial fisheries in the Mid-Atlantic. This year, the Council will consider defining threshold levels of unmanaged landings that would trigger further evaluation for consideration of a management response. During this webinar meeting, the Ecosystem and Ocean Planning Committee and Advisory Panel will review the information provided in prior years’ reports and provide input to the Council on considerations for defining landings thresholds or other metrics to trigger further evaluation for a potential management response. An agenda and background materials will be posted on the Council’s website (www.mafmc.org) prior to the meeting. SUPPLEMENTARY INFORMATION: Special Accommodations The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to Shelley Spedden, (302) 526–5251, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: April 3, 2024. Rey Israel Marquez, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–07422 Filed 4–5–24; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\08APN1.SGM 08APN1

Agencies

[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Notices]
[Pages 24433-24435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07346]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-157]


Aluminum Lithographic Printing Plates From the People's Republic 
of China: Preliminary Determination of Critical Circumstances, in Part, 
in the Countervailing Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
critical circumstances exist, in part, with respect to imports of 
aluminum lithographic printing plates (printing plates) from certain 
producers and exporters from the People's Republic of China (China).

DATES: Applicable April 8, 2024.

FOR FURTHER INFORMATION CONTACT: Ajay Menon, AD/CVD Operations, Office 
IX, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-0208.

SUPPLEMENTARY INFORMATION:

Background

    In response to a countervailing duty (CVD) petition filed on 
September 28, 2023, Commerce published the initiation of a CVD 
investigation on printing plates from China.\1\ Further, on March 1, 
2024, Commerce published its affirmative Preliminary Determination.\2\ 
In the Preliminary Determination, we examined one participating 
mandatory respondent, Fujifilm Printing Plate (China) Co., Ltd. (FFPS), 
and assigned a second respondent which failed to participate, Shanghai 
National Ink Co. Ltd. (Shanghai National), a rate based on adverse 
facts available (AFA).\3\
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    \1\ See Aluminum Lithographic Printing Plates from the People's 
Republic of China: Initiation of Countervailing Duty Investigation, 
88 FR 73313 (October 25, 2023) (Initiation Notice).
    \2\ See Aluminum Lithographic Printing Plates from the People's 
Republic of China: Preliminary Affirmative Countervailing Duty 
Determination, and Alignment of Final Determination with Final 
Antidumping Duty Determination, 89 FR 15134 (March 1, 2024) 
(Preliminary Determination), and accompanying Preliminary 
Determination Memorandum (PDM).
    \3\ Id.
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    On March 8, 2024, the petitioner, Eastman Kodak Company, filed a 
timely allegation, pursuant to section 703(e)(1) of the Tariff Act of 
1930, as amended (the Act), and 19 CFR 351.206, that critical 
circumstances exist with respect to imports of printing plates from 
China.\4\ On March 14, 2024, FFPS filed comments on the petitioner's 
critical circumstances allegation,\5\ to which the petitioner responded 
on March 18, 2024.\6\
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    \4\ See Petitioner's Letter, ``Petitioner's Allegation of 
Critical Circumstances,'' dated March 8, 2024 (Critical 
Circumstances Allegation).
    \5\ See FFPS' Letter, ``FFPS Response to Critical Circumstances 
Allegation,'' dated March 14, 2024 (FFPS' Critical Circumstances 
Response).
    \6\ See Petitioner's Letter, ``Petitioner's Comments on 
FUJIJFILM Printing Plate (China) Co., Ltd.'s Response to Critical 
Circumstances Allegation,'' dated March 18, 2024 (Petitioner's 
Critical Circumstances Rebuttal Comments).
---------------------------------------------------------------------------

    In accordance with section 703(e)(1) of the Act and 19 CFR 
351.206(c)(1) and (2)(ii), because the petitioner submitted its 
critical circumstances allegation more than 30 days before the 
scheduled date of the final determination, Commerce will make a 
preliminary finding as to whether there is a reasonable basis to 
believe or suspect that critical circumstances exist and will issue a 
preliminary critical circumstances determination within 30 days after 
the allegation is filed.

Critical Circumstances Allegation

    The petitioner alleges that there was a massive increase of imports 
of printing plates from China and provided monthly import data 
comparing a base period of May 2023 through September 2023 to a 
comparison period of October 2023 through February 2024.\7\ The 
petitioner asserts that this comparison shows that imports of printing 
plates from China increased by 56.10 percent,\8\ which is ``massive'' 
under 19 CFR 351.206(h)(2). The petitioner also alleges that there is a 
reasonable basis to believe that there are subsidies in this 
investigation which are inconsistent with the World Trade 
Organization's Agreement on Subsidies and Countervailing Measures 
Agreement (SCM Agreement).\9\
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    \7\ See Critical Circumstances Allegation at Attachment 1.
    \8\ Id. at 7.
    \9\ Id. at 4.
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Critical Circumstances Analysis

    Section 703(e)(1) of the Act provides that Commerce will 
preliminarily

[[Page 24434]]

determine that critical circumstances exist in a CVD investigation if 
there is a reasonable basis to believe or suspect that: (A) the alleged 
countervailable subsidy is inconsistent with the SCM Agreement; \10\ 
and (B) there have been massive imports of the subject merchandise over 
a relatively short period. Pursuant to 19 CFR 351.206(h)(2), imports 
must increase by at least 15 percent during the ``relatively short 
period'' to be considered ``massive,'' and 19 CFR 351.206(i) defines a 
``relatively short period'' as normally being the period beginning on 
the date the proceeding begins (i.e., the date the petition is filed) 
and ending at least three months later.\11\ However, the regulations 
also provide that if Commerce finds that importers, or exporters or 
producers, had reason to believe, at some time prior to the beginning 
of the proceeding, that a proceeding was likely, Commerce may consider 
a period of not less than three months from the earlier time.\12\
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    \10\ Commerce limits its critical circumstances findings to 
those subsidies contingent upon export performance or use of 
domestic over imported goods (i.e., those prohibited under Article 3 
of the SCM Agreement). See, e.g., Final Affirmative Countervailing 
Duty Determination and Final Negative Critical Circumstances 
Determination: Carbon and Certain Alloy Steel Wire from Germany, 67 
FR 55808, 55809-10 (August 30, 2002).
    \11\ See 19 CFR 351.206.
    \12\ See 19 CFR 351.206(i).
---------------------------------------------------------------------------

Alleged Countervailable Subsidies Are Inconsistent With the SCM 
Agreement

    To determine whether an alleged countervailable subsidy is 
inconsistent with the SCM Agreement, in accordance with section 
703(e)(1)(A) of the Act, Commerce considered the evidence currently on 
the record of this investigation. As discussed in the Preliminary 
Determination, we applied AFA to find that the non-cooperating 
mandatory respondent Shanghai National received countervailable 
subsidies under the following programs which the record indicates are 
export-contingent, rendering them inconsistent with the SCM Agreement: 
Export Buyer's Credit from China Export-Import (Ex-Im) Bank, Export 
Loans from State-Owned Banks, Export Seller's Credit from China Ex-Im 
Bank, Development of Famous Brands and China World Top Brands, Foreign 
Trade Development Fund Grants, and Export Assistance Grants.\13\
---------------------------------------------------------------------------

    \13\ See Preliminary Determination PDM at Appendix I.
---------------------------------------------------------------------------

    In the Preliminary Determination, we found that FFPS' unaffiliated 
producer JRT received countervailable subsidies under the Foreign Trade 
Development Fund Grants program during the POI and average useful life 
period.\14\ As discussed in the Preliminary Determination, because the 
Government of China failed to cooperate by not acting to the best of 
its ability to respond to our requests for information regarding the 
Foreign Trade Development Fund Grants program, we relied on sections 
776(a)(1), (a)(2)(A)-(C), and 776(b) of the Act to find that this 
program constitutes a financial contribution and meets the specificity 
requirements of the Act.\15\ However, information from the petition 
indicates that this program is export contingent.\16\ Thus, because we 
find that the Foreign Trade Development Fund Grants program is export 
contingent, we primarily find that the criterion under section 
703(e)(1)(A) of the Act has been met for FFPS.\17\
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    \14\ As discussed in the PDM, FFPS provided responses from 
Huangshan Jinruitai Technology Co., Ltd., an unaffiliated producer 
of subject merchandise and the parent of Zhejiang Jinruitai New 
Material Co., Ltd., a trading company and producer of subject 
merchandise (collectively, JRT). See Preliminary Determination PDM 
at 2-3.
    \15\ See Preliminary Determination PDM at 6-7.
    \16\ Id. at 48; see also Checklist, ``Countervailing Duty 
Investigation Initiation Checklist,'' dated October 18, 2023, at 16.
    \17\ We disagree with FFPS that there is an error in Commerce's 
attribution of the benefit JRT received under this program. See 
FFPS' Critical Circumstances Response; see also Petitioner's 
Critical Circumstances Rebuttal Comments. Commerce attributed the 
benefit JRT received under this program in the manner intended; 
thus, our attribution of JRT's benefits is a methodological 
decision, not an error that would lead us to determine that the 
benefits attributed to FFPS under this program are not measurable.
---------------------------------------------------------------------------

    Therefore, Commerce preliminarily determines for purposes of this 
critical circumstances determination that there are subsidies in this 
investigation that are inconsistent with the SCM Agreement.

Massive Imports

    In determining whether there have been ``massive imports'' over a 
``relatively short period,'' pursuant to section 703(e)(1)(B) of the 
Act, Commerce normally compares the import volumes of the subject 
merchandise for at least three months immediately preceding the filing 
of the petition (i.e., the ``base period'') to a comparable period of 
at least three months following the filing of the petition (i.e., the 
``comparison period''). In this case, Commerce compared the import 
volumes of subject merchandise, as provided by the cooperating 
mandatory respondent FFPS, for the four months immediately preceding 
and four months following the filing of the petition. Imports normally 
will be considered massive when imports during the comparison period 
have increased by 15 percent or more compared to imports during the 
base period.\18\
---------------------------------------------------------------------------

    \18\ See 19 CFR 351.206(h)(2).
---------------------------------------------------------------------------

    Because the petition was filed on September 28, 2023, to determine 
whether there was a massive surge in imports for FFPS, Commerce 
compared the total volume of shipments during the period of June 2023 
through September 2023 with the volume of shipments during the period 
of October 2023 through January 2024.\19\ Based on this analysis, we 
primarily determine that there was a massive surge in imports between 
the base and comparison periods for FFPS.\20\
---------------------------------------------------------------------------

    \19\ See FFPS's Letter, ``Fujifilm's Response to Request for 
Quantity & Value Data,'' dated March 19, 2024.
    \20\ See Memorandum, ``Critical Circumstances Analysis,'' dated 
concurrently with this memorandum at Attachment 1 (Critical 
Circumstances Analysis Memo).
---------------------------------------------------------------------------

    For all other exporters and producers, in accordance with our 
practice,\21\ we examined monthly shipment data for the same time 
periods noted above using import data from Global Trade Atlas (GTA), 
adjusted to remove FFPS' shipment data.\22\ After subtracting FFPS' 
shipment data from the GTA data, we analyzed the overall shipment data 
by comparing the base and comparison periods, respectively. Based on 
this analysis, we find that there were no massive imports for all other 
exporters and producers from China.\23\
---------------------------------------------------------------------------

    \21\ See Countervailing Duty Investigation of Tin Mill Products 
from the People's Republic of China: Preliminary Determination of 
Critical Circumstances, in Part, 88 FR 46738 (July 20, 2023).
    \22\ Id.
    \23\ Id.
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    Finally, as explained in the Preliminary Determination,we 
preliminarily applied AFA to Shanghai National because it failed to 
cooperate in this proceeding.\24\ Therefore, for Shanghai National, we 
preliminarily determine, in accordance with section 776(b) of the Act, 
that there was a massive surge in imports between the base and 
comparison periods.
---------------------------------------------------------------------------

    \24\ See Preliminary Determination PDM at 7.
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Conclusion

    Based on the criteria and findings discussed above, we 
preliminarily determine that critical circumstances exist with respect 
to imports of printing plates from China produced or exported by FFPS 
and Shanghai National. We preliminarily determine that critical 
circumstances do not exist with respect to imports of printing plates 
from China with respect to all other exporters and producers.

[[Page 24435]]

Final Critical Circumstances Determination

    We will make a final critical circumstances determination in the 
final CVD determination, which is currently scheduled for July 9, 2024.

Public Comment

    Case briefs or other written comments related to this preliminary 
determination of critical circumstances may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed not later than five days after the date for 
filing case briefs.\25\ Interested parties who submit case briefs or 
rebuttal briefs in this proceeding must submit: (1) a table of contents 
listing each issue; and (2) a table of authorities.\26\
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    \25\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \26\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this investigation, we instead request 
that interested parties provide at the beginning of their briefs a 
public, executive summary for each issue raised in their briefs.\27\ 
Further, we request that interested parties limit their public 
executive summary of each issue to no more than 450 words, not 
including citations. We intend to use the public executive summaries as 
the basis of the comment summaries included in the issues and decision 
memorandum that will accompany the final determination in this 
investigation. We request that interested parties include footnotes for 
relevant citations in the public executive summary of each issue. Note 
that Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\28\
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    \27\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \28\ See APO and Service Final Rule, 88 FR at 67069.
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    Electronically filed documents must be received successfully in 
their entirety by 5:00 p.m. Eastern Time on the due dates 
established.\29\
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    \29\ See 19 CFR 351.303(b)(1).
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Suspension of Liquidation

    In accordance with section 703(e)(2)(A) of the Act, for FFPS and 
Shanghai National, we intend to direct U.S. Customs and Border 
Protection (CBP) to suspend liquidation of any unliquidated entries of 
subject merchandise from the China entered, or withdrawn from warehouse 
for consumption, on or after December 1, 2023, which is 90 days prior 
to the date of publication of the Preliminary Determination in the 
Federal Register. For such entries, CBP shall require a cash deposit 
equal to the estimated preliminary subsidy rates established in the 
Preliminary Determination. This suspension of liquidation will remain 
in effect until further notice.

U.S. International Trade Commission (ITC) Notification

    In accordance with section 703(f) of the Act, we intend to notify 
the ITC of this preliminary determination of critical circumstances.
    This determination is issued and published pursuant to sections 
703(f) and 777(i)(1) of the Act.

    Dated: April 1, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-07346 Filed 4-5-24; 8:45 am]
BILLING CODE 3510-DS-P

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