Common Alloy Aluminum Sheet From Germany: Final Results of Changed Circumstances Review and Revocation of the Antidumping Duty Order, in Part, 27415-27417 [2024-08125]
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Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Notices
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[FR Doc. 2024–08135 Filed 4–16–24; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–849]
Common Alloy Aluminum Sheet From
Germany: Final Results of Changed
Circumstances Review and Revocation
of the Antidumping Duty Order, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is revoking, in
part, the antidumping duty (AD) order
on common alloy aluminum sheet
(CAAS) from Germany with respect to
certain lithographic-grade aluminum
sheet.
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
DATES:
Applicable April 17, 2024.
FOR FURTHER INFORMATION CONTACT:
Stephanie Trejo, AD/CVD Operations,
Office IV, Enforcement and Compliance,
VerDate Sep<11>2014
17:10 Apr 16, 2024
Jkt 262001
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4390.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2021, Commerce
published the AD order on common
alloy aluminum sheet from Germany in
the Federal Register.1 On May 9, 2023,
Eastman Kodak Company (Kodak), a
U.S. importer of subject merchandise,
requested that Commerce conduct a
changed circumstances review (CCR),
and revoke, in part, the CAAS AD
Germany Order with respect to certain
lithographic-grade aluminum sheet
pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216(b).2
After initiating the requested CCR,3
Commerce preliminarily determined to
revoke the CAAS AD Germany Order, in
part, with respect to certain
lithographic-grade aluminum sheet,
pursuant to section 751(b)(1) of the Act
and 19 CFR 351.216(b).4 Commerce
invited interested parties to comment on
the Preliminary Results.5 On February
20, 2024, Commerce received comments
from Kodak and the Aluminum
Association Common Alloy Aluminum
Sheet Trade Enforcement Working
Group and its individual members
(Aluminum Association).6 On February
26, 2024, Kodak responded to the
Aluminum Association’s comments.7
1 See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, India,
Indonesia, Italy, Oman, Romania, Serbia, Slovenia,
South Africa, Spain, Taiwan, and the Republic of
Turkey: Antidumping Duty Orders. 86 FR 22139,
(April 27, 2021) (CAAS AD Germany Order or
Order).
2 See Kodak’s Letter, ‘‘Request for Expedited
Changed Circumstances Review,’’ dated May 9,
2023 (CCR Request).
3 See Common Alloy Aluminum Sheet from
Germany: Notice of Initiation of Changed
Circumstances Review, and Consideration of
Revocation, in Part, of the Antidumping Duty
Order, 88 FR 49446 (July 31, 2023) (Initiation
Notice).
4 See Common Alloy Aluminum Sheet from
Germany: Preliminary Results of Changed
Circumstances Review, and Intent To Revoke the
Antidumping Duty Order, in Part, 89 FR 7686
(February 5, 2024) (Preliminary Results).
5 Id. 89 FR at 7686.
6 See Kodak’s Letter, ‘‘Case Brief and Request to
Expedite Final Results,’’ dated February 20, 2024
(Kodak’s Comments); see also Aluminum
Association’s Letter, ‘‘Petitioners’ Comments on the
Department’s Preliminary Results of Changed
Circumstances Review,’’ dated February 20, 2024
(Petitioners’ Comments).
7 See Kodak’s Letter, ‘‘Letter in Lieu of Rebuttal
Comments,’’ dated February 26, 2024.
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Final Results of Changed
Circumstances Review and Revocation
of the CAAS AD Germany Order, in
Part
In their comments, Kodak and the
Aluminum Association agreed with, and
supported, Commerce’s Preliminary
Results.8 Kodak also requested that
Commerce issue the final results of this
CCR on an expedited basis (i.e., within
45 days of publication of the
Preliminary Results in the Federal
Register) pursuant to 19 CFR 351.216(e).
However, the 45-day timeline described
in 19 CFR 351.216(e) starts on the date
that Commerce initiated the CCR, not on
the date that it published the
Preliminary Results of the CCR in the
Federal Register. Thus, Kodak has
misapplied that deadline. Moreover, in
the Preliminary Results, Commerce
explicitly stated that it would ‘‘issue the
final results of this CCR, which will
include its analysis of any written
comments, no later than 270 days after
the date on which this review was
initiated.’’ 9
Because no party submitted
comments opposing the Preliminary
Results of this CCR, and the record
contains no other information or
evidence that calls into question the
Preliminary Results, Commerce
determines, pursuant to sections
751(d)(1) and 782(h) of the Act, and 19
CFR 351.222(g), that there are changed
circumstances that warrant revocation
of the CAAS AD Germany Order, in
part, with respect to certain
lithographic-grade aluminum sheet.
Consequently, there is no decision
memorandum accompanying this
notice.
Specifically, because producers
accounting for substantially all of the
production of the domestic like product
to which the CAAS AD Germany Order
pertains have not expressed interest in
maintaining the relief provided by the
CAAS AD Germany Order with respect
to certain lithographic-grade aluminum
sheet, as described below, Commerce is
revoking the CAAS AD Germany Order,
in part, with respect to the following
product:
Lithographic-grade aluminum sheet
that meets the following criteria: (i) a
Copper (Cu) content of no more than
0.01 percent, a Zinc (Zn) content of
≤0.05%, a Silicon (Si) content of 0.05%–
0.20% and an Iron (Fe) content of
0.30%–0.50%; (ii) a thickness between
0.267 mm–0.3705 mm, (iii) a width of
500 mm–1650 mm, (iv) a maximum
wave height of no more than 3.0 mm, (v)
8 See Kodak’s Comments; see also Petitioners’
Comments.
9 See Preliminary Results, 89 FR at 7689.
E:\FR\FM\17APN1.SGM
17APN1
27416
Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Notices
lotter on DSK11XQN23PROD with NOTICES1
a tensile strength of 130 MPa or more
(after baking), and (vi) a surface
roughness less than or equal to Ra 0.26
mm.
The revised scope for the CAAS AD
Germany Order is below.
Scope of the Order
The products covered by the Order
are common alloy aluminum sheet,
which is a flat-rolled aluminum product
having a thickness of 6.3 mm or less, but
greater than 0.2 mm, in coils or cut-tolength, regardless of width. Common
alloy sheet within the scope of the
Order 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. The use of a proprietary alloy or
non-proprietary alloy that is not
specifically registered by the Aluminum
Association as a discrete 1XXX-,
3XXX-, or 5XXX-series alloy, but that
otherwise has a chemistry that is
consistent with these designations, does
not remove an otherwise in-scope
product from the scope.
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 Order if performed in the country
of manufacture of the common alloy
sheet.
Excluded from the scope of the Order
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, H–39, 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
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17:10 Apr 16, 2024
Jkt 262001
(HTSUS) subheadings 7606.12.3045 and
7606.12.3055.
Also excluded from the scope of the
Order is lithographic-grade aluminum
sheet that meets the following criteria:
(i) a Copper (Cu) content of no more
than 0.01 percent, a Zinc (Zn) content
of ≤0.05%, a Silicon (Si) content of
0.05%–0.20% and an Iron (Fe) content
of 0.30%–0.50%; (ii) a thickness
between 0.267 mm–0.3705 mm, (iii) a
width of 500 mm–1650 mm, (iv) a
maximum wave height of no more than
3.0 mm, (v) a tensile strength of 130
MPa or more (after baking), and (vi) a
surface roughness less than or equal to
Ra 0.26 mm.
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,
7606.12.3096, 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.
Application of the Final Results of
Review
Section 751(d)(3) of the Act provides
that ‘‘{a} determination under this
section to revoke an order . . . shall
apply with respect to unliquidated
entries of the subject merchandise
which are entered, or withdrawn from
warehouse, for consumption on or after
the date determined by the
administering authority.’’ Commerce’s
general practice is to instruct U.S.
Customs and Border Protection (CBP) to
liquidate without regard to antidumping
or countervailing duties, and to refund
any estimated antidumping or
countervailing duties on, all
unliquidated entries of the merchandise
covered by a revocation that are not
covered by the final results of an
administrative review or automatic
liquidation.10 Consistent with this
10 See e.g., Certain Pasta from Italy: Final Results
of Countervailing Duty Changed Circumstances
Review and Revocation, In Part, 76 FR 27634 (May
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Fmt 4703
Sfmt 4703
practice, we are applying the final
results of this CCR to all unliquidated
entries of the merchandise covered by
the revocation which have been entered,
or withdrawn from warehouse, for
consumption on or after April 1, 2023.11
Instructions to CBP
Because we determine that there are
changed circumstances that warrant the
revocation of the CAAS AD Germany
Order, in part, we will instruct CBP to
liquidate without regard to antidumping
duties, and to refund any estimated
antidumping duties on, all unliquidated
entries of the merchandise covered by
this partial revocation which have been
entered, or withdrawn from warehouse,
for consumption on or after April 1,
2023.
Commerce intends to issue
instructions to CBP no earlier than 35
days after the date of publication of
these final results of CCR in the Federal
Register. If a timely summons is filed at
the U.S. Court of International Trade,
the 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).
Administrative Protective Order
This notice serves as a reminder to
parties subject to 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
12, 2011); Stainless Steel Bar from the United
Kingdom: Notice of Final Results of Changed
Circumstances Review and Revocation of Order, in
Part, 72 FR 65706 (November 23, 2007); Notice of
Final Results of Antidumping Duty Changed
Circumstances Review and Revocation of Order In
Part: Certain Corrosion-Resistant Carbon Steel Flat
Products from Germany, 71 FR 66163 (November
13, 2006); Notice of Final Results of Antidumping
Duty Changed Circumstances Reviews and
Revocation of Orders in Part: Certain CorrosionResistant Carbon Steel Flat Products from Canada
and Germany, 71 FR 14498 (March 22, 2006);
Notice of Final Results of Antidumping Duty
Changed Circumstances Review, and Determination
to Revoke Order in Part: Certain Cased Pencils from
the People’s Republic of China, 68 FR 62428
(November 4, 2003).
11 Commerce issued the final results of the
administrative review of the CAAS AD Germany
Order covering the period October 15, 2020 through
March 31, 2022 on November 3, 2023. See Common
Alloy Aluminum Sheet from Germany: Final Results
of Antidumping Duty Administrative Review; 2020–
2022, 88 FR 77556 (November 13, 2023). Commerce
issued the automatic liquidation instruction for the
administrative review of the CAAS AD Germany
Order covering the period April 1, 2022 through
March 31, 2023 on July 21, 2023. See CBP Message
3202416, ‘‘Automatic Liquidation Instructions,’’
dated July 21, 2023.
E:\FR\FM\17APN1.SGM
17APN1
Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Notices
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
final results of CCR in accordance with
sections 751(b) and 777(i) of the Act,
and 19 CFR 351.216, 19 CFR
351.221(c)(3), and 19 CFR 351.222.
Dated: April 10, 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. 2024–08125 Filed 4–16–24; 8:45 am]
interested parties that not later than 30
days after the date of publication of this
correction notice, they may request an
administrative review of the
countervailing duty order on Common
Alloy Aluminum Sheet from Bahrain,
and period of review for 1/1/2023–12/
31/2023.
Dated: April 11, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2024–08128 Filed 4–16–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
BILLING CODE 3510–DS–P
National Oceanic and Atmospheric
Administration
DEPARTMENT OF COMMERCE
[RTID 0648–XD857]
International Trade Administration
Notice of Opportunity To Request
Administrative Review; Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice; correction.
AGENCY:
The U.S. Department of
Commerce (Commerce) published a
notice of opportunity to request
administrative reviews of orders,
findings, or suspended investigations
with anniversary dates in April 2024 in
the Federal Register of April 1, 2024.
Commerce inadvertently omitted the
countervailing duty order on Common
Alloy Aluminum Sheet from Bahrain,
and the period of review for that order
of 1/1/2023–12/31/2023, from that
notice. We are including the missing
information in this correction notice.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–4735.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
Correction
In the Federal Resister of April 1,
2024, in FR Doc. 2024–06838,1 the table
should have included the countervailing
duty order on Common Alloy
Aluminum Sheet from the Bahrain (C–
525–002) and the period of review for
that order of 1/1/2023–12/31/2023.
Therefore, we are hereby notifying
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 89 FR 22390
(April 1, 2024).
VerDate Sep<11>2014
17:10 Apr 16, 2024
Jkt 262001
Endangered and Threatened Species;
Initiation of a 5-Year Review for the
Endangered Western Distinct
Population Segment of Steller Sea Lion
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of initiation of 5-year
review; request for information.
AGENCY:
NMFS announces its intent to
conduct a 5-year review of the
endangered western distinct population
segment (DPS) of the Steller sea lion
(Eumetopias jubatus). NMFS is required
by the Endangered Species Act (ESA) to
conduct 5-year reviews to ensure that
listing classifications of species are
accurate. The 5-year review must be
based on the best scientific and
commercial data available at the time of
the review. We request submission of
any such information on the western
DPS (WDPS) of Steller sea lion,
particularly information on their status,
threats, and recovery that has become
available since the previous 5-year
review was issued in 2020.
DATES: To allow us adequate time to
conduct this review, we must receive
your information no later than June 17,
2024. However, we will continue to
accept new information about any listed
species at any time.
ADDRESSES: You may submit comments
on this document, identified by docket
number NOAA–NMFS–2024–0032, by
any of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Visit
https://www.regulations.gov and type
NOAA–NMFS–2024–0032 in the Search
box. Click on the ‘‘Comment’’ icon,
SUMMARY:
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27417
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Anne Marie Eich, Assistant Regional
Administrator for Protected Resources,
Alaska Region NMFS, Attn: Records
Office. Mail comments to P.O. Box
21668, Juneau, AK 99802–1668.
• Fax: (907) 586–7012; Attn: Dr. Anne
Marie Eich.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT: Kim
Raum-Suryan, NMFS Alaska Region,
907–586–7424, kim.raum-suryan@
noaa.gov.
SUPPLEMENTARY INFORMATION: Section
4(c)(2)(A) of the ESA requires that the
Secretary, through NMFS, conduct a
review of ESA-listed species at least
once every 5 years (16 U.S.C.
1533(c)(2)(A)). The regulations in 50
CFR 424.21 require that we publish a
notice in the Federal Register
announcing species currently under
active review. On the basis of such
reviews, under section 4(c)(2)(B) we
determine whether a listed species
should be delisted, or be reclassified
from endangered to threatened or from
threatened to endangered (16 U.S.C.
1533(c)(2)(B)). As described by the
regulations in 50 CFR 424.11(e), the
Secretary shall delist a species if the
Secretary finds that, after conducting a
status review based on the best
scientific and commercial data
available: (1) the species is extinct; (2)
the species has recovered to the point at
which it no longer meets the definition
of an endangered species or a threatened
species; (3) new information that has
become available since the original
listing decision shows the listed entity
does not meet the definition of an
endangered species or a threatened
species; or (4) new information that has
become available since the original
listing decision shows the listed entity
does not meet the definition of a
species. Any change in Federal
classification would require a separate
rulemaking process.
E:\FR\FM\17APN1.SGM
17APN1
Agencies
[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Notices]
[Pages 27415-27417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08125]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-849]
Common Alloy Aluminum Sheet From Germany: Final Results of
Changed Circumstances Review and Revocation of the Antidumping Duty
Order, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is revoking, in
part, the antidumping duty (AD) order on common alloy aluminum sheet
(CAAS) from Germany with respect to certain lithographic-grade aluminum
sheet.
DATES: Applicable April 17, 2024.
FOR FURTHER INFORMATION CONTACT: Stephanie Trejo, 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) 482-4390.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2021, Commerce published the AD order on common alloy
aluminum sheet from Germany in the Federal Register.\1\ On May 9, 2023,
Eastman Kodak Company (Kodak), a U.S. importer of subject merchandise,
requested that Commerce conduct a changed circumstances review (CCR),
and revoke, in part, the CAAS AD Germany Order with respect to certain
lithographic-grade aluminum sheet pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b).\2\
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from Bahrain, Brazil,
Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania,
Serbia, Slovenia, South Africa, Spain, Taiwan, and the Republic of
Turkey: Antidumping Duty Orders. 86 FR 22139, (April 27, 2021) (CAAS
AD Germany Order or Order).
\2\ See Kodak's Letter, ``Request for Expedited Changed
Circumstances Review,'' dated May 9, 2023 (CCR Request).
---------------------------------------------------------------------------
After initiating the requested CCR,\3\ Commerce preliminarily
determined to revoke the CAAS AD Germany Order, in part, with respect
to certain lithographic-grade aluminum sheet, pursuant to section
751(b)(1) of the Act and 19 CFR 351.216(b).\4\ Commerce invited
interested parties to comment on the Preliminary Results.\5\ On
February 20, 2024, Commerce received comments from Kodak and the
Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement
Working Group and its individual members (Aluminum Association).\6\ On
February 26, 2024, Kodak responded to the Aluminum Association's
comments.\7\
---------------------------------------------------------------------------
\3\ See Common Alloy Aluminum Sheet from Germany: Notice of
Initiation of Changed Circumstances Review, and Consideration of
Revocation, in Part, of the Antidumping Duty Order, 88 FR 49446
(July 31, 2023) (Initiation Notice).
\4\ See Common Alloy Aluminum Sheet from Germany: Preliminary
Results of Changed Circumstances Review, and Intent To Revoke the
Antidumping Duty Order, in Part, 89 FR 7686 (February 5, 2024)
(Preliminary Results).
\5\ Id. 89 FR at 7686.
\6\ See Kodak's Letter, ``Case Brief and Request to Expedite
Final Results,'' dated February 20, 2024 (Kodak's Comments); see
also Aluminum Association's Letter, ``Petitioners' Comments on the
Department's Preliminary Results of Changed Circumstances Review,''
dated February 20, 2024 (Petitioners' Comments).
\7\ See Kodak's Letter, ``Letter in Lieu of Rebuttal Comments,''
dated February 26, 2024.
---------------------------------------------------------------------------
Final Results of Changed Circumstances Review and Revocation of the
CAAS AD Germany Order, in Part
In their comments, Kodak and the Aluminum Association agreed with,
and supported, Commerce's Preliminary Results.\8\ Kodak also requested
that Commerce issue the final results of this CCR on an expedited basis
(i.e., within 45 days of publication of the Preliminary Results in the
Federal Register) pursuant to 19 CFR 351.216(e). However, the 45-day
timeline described in 19 CFR 351.216(e) starts on the date that
Commerce initiated the CCR, not on the date that it published the
Preliminary Results of the CCR in the Federal Register. Thus, Kodak has
misapplied that deadline. Moreover, in the Preliminary Results,
Commerce explicitly stated that it would ``issue the final results of
this CCR, which will include its analysis of any written comments, no
later than 270 days after the date on which this review was
initiated.'' \9\
---------------------------------------------------------------------------
\8\ See Kodak's Comments; see also Petitioners' Comments.
\9\ See Preliminary Results, 89 FR at 7689.
---------------------------------------------------------------------------
Because no party submitted comments opposing the Preliminary
Results of this CCR, and the record contains no other information or
evidence that calls into question the Preliminary Results, Commerce
determines, pursuant to sections 751(d)(1) and 782(h) of the Act, and
19 CFR 351.222(g), that there are changed circumstances that warrant
revocation of the CAAS AD Germany Order, in part, with respect to
certain lithographic-grade aluminum sheet. Consequently, there is no
decision memorandum accompanying this notice.
Specifically, because producers accounting for substantially all of
the production of the domestic like product to which the CAAS AD
Germany Order pertains have not expressed interest in maintaining the
relief provided by the CAAS AD Germany Order with respect to certain
lithographic-grade aluminum sheet, as described below, Commerce is
revoking the CAAS AD Germany Order, in part, with respect to the
following product:
Lithographic-grade aluminum sheet that meets the following
criteria: (i) a Copper (Cu) content of no more than 0.01 percent, a
Zinc (Zn) content of <=0.05%, a Silicon (Si) content of 0.05%-0.20% and
an Iron (Fe) content of 0.30%-0.50%; (ii) a thickness between 0.267 mm-
0.3705 mm, (iii) a width of 500 mm-1650 mm, (iv) a maximum wave height
of no more than 3.0 mm, (v)
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a tensile strength of 130 MPa or more (after baking), and (vi) a
surface roughness less than or equal to Ra 0.26 [micro]m.
The revised scope for the CAAS AD Germany Order is below.
Scope of the Order
The products covered by the Order are common alloy aluminum sheet,
which is a flat-rolled aluminum product having a thickness of 6.3 mm or
less, but greater than 0.2 mm, in coils or cut-to-length, regardless of
width. Common alloy sheet within the scope of the Order 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.
The use of a proprietary alloy or non-proprietary alloy that is not
specifically registered by the Aluminum Association as a discrete 1XXX-
, 3XXX-, or 5XXX-series alloy, but that otherwise has a chemistry that
is consistent with these designations, does not remove an otherwise in-
scope product from the scope.
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 Order if
performed in the country of manufacture of the common alloy sheet.
Excluded from the scope of the Order 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, H-39, 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.
Also excluded from the scope of the Order is lithographic-grade
aluminum sheet that meets the following criteria: (i) a Copper (Cu)
content of no more than 0.01 percent, a Zinc (Zn) content of <=0.05%, a
Silicon (Si) content of 0.05%-0.20% and an Iron (Fe) content of 0.30%-
0.50%; (ii) a thickness between 0.267 mm-0.3705 mm, (iii) a width of
500 mm-1650 mm, (iv) a maximum wave height of no more than 3.0 mm, (v)
a tensile strength of 130 MPa or more (after baking), and (vi) a
surface roughness less than or equal to Ra 0.26 [micro]m.
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, 7606.12.3096, 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.
Application of the Final Results of Review
Section 751(d)(3) of the Act provides that ``{a{time}
determination under this section to revoke an order . . . shall apply
with respect to unliquidated entries of the subject merchandise which
are entered, or withdrawn from warehouse, for consumption on or after
the date determined by the administering authority.'' Commerce's
general practice is to instruct U.S. Customs and Border Protection
(CBP) to liquidate without regard to antidumping or countervailing
duties, and to refund any estimated antidumping or countervailing
duties on, all unliquidated entries of the merchandise covered by a
revocation that are not covered by the final results of an
administrative review or automatic liquidation.\10\ Consistent with
this practice, we are applying the final results of this CCR to all
unliquidated entries of the merchandise covered by the revocation which
have been entered, or withdrawn from warehouse, for consumption on or
after April 1, 2023.\11\
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\10\ See e.g., Certain Pasta from Italy: Final Results of
Countervailing Duty Changed Circumstances Review and Revocation, In
Part, 76 FR 27634 (May 12, 2011); Stainless Steel Bar from the
United Kingdom: Notice of Final Results of Changed Circumstances
Review and Revocation of Order, in Part, 72 FR 65706 (November 23,
2007); Notice of Final Results of Antidumping Duty Changed
Circumstances Review and Revocation of Order In Part: Certain
Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 FR
66163 (November 13, 2006); Notice of Final Results of Antidumping
Duty Changed Circumstances Reviews and Revocation of Orders in Part:
Certain Corrosion-Resistant Carbon Steel Flat Products from Canada
and Germany, 71 FR 14498 (March 22, 2006); Notice of Final Results
of Antidumping Duty Changed Circumstances Review, and Determination
to Revoke Order in Part: Certain Cased Pencils from the People's
Republic of China, 68 FR 62428 (November 4, 2003).
\11\ Commerce issued the final results of the administrative
review of the CAAS AD Germany Order covering the period October 15,
2020 through March 31, 2022 on November 3, 2023. See Common Alloy
Aluminum Sheet from Germany: Final Results of Antidumping Duty
Administrative Review; 2020-2022, 88 FR 77556 (November 13, 2023).
Commerce issued the automatic liquidation instruction for the
administrative review of the CAAS AD Germany Order covering the
period April 1, 2022 through March 31, 2023 on July 21, 2023. See
CBP Message 3202416, ``Automatic Liquidation Instructions,'' dated
July 21, 2023.
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Instructions to CBP
Because we determine that there are changed circumstances that
warrant the revocation of the CAAS AD Germany Order, in part, we will
instruct CBP to liquidate without regard to antidumping duties, and to
refund any estimated antidumping duties on, all unliquidated entries of
the merchandise covered by this partial revocation which have been
entered, or withdrawn from warehouse, for consumption on or after April
1, 2023.
Commerce intends to issue instructions to CBP no earlier than 35
days after the date of publication of these final results of CCR in the
Federal Register. If a timely summons is filed at the U.S. Court of
International Trade, the 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).
Administrative Protective Order
This notice serves as a reminder to parties subject to
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
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hereby requested. Failure to comply with the regulations and terms of
an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these final results of CCR in
accordance with sections 751(b) and 777(i) of the Act, and 19 CFR
351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222.
Dated: April 10, 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. 2024-08125 Filed 4-16-24; 8:45 am]
BILLING CODE 3510-DS-P