Common Alloy Aluminum Sheet From Germany: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023, 31724-31726 [2024-08895]
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Federal Register / Vol. 89, No. 81 / Thursday, April 25, 2024 / Notices
invite comments on the question of
whether instruments of equivalent
scientific value, for the purposes for
which the instruments shown below are
intended to be used, are being
manufactured in the United States.
Comments must comply with 15 CFR
301.5(a)(3) and (4) of the regulations and
be postmarked on or before May 15,
2024. Address written comments to
Statutory Import Programs Staff, Room
41006, U.S. Department of Commerce,
Washington, DC 20230. Please also
email a copy of those comments to
Dianne.Hanshaw@trade.gov.
Docket Number: 24–009. Applicant:
The Regents of the University of
Michigan, 5082 Wolverine Tower, 3003
South State Street, Ann Arbor, MI
48109–1287. Instrument: Formula
Student Motor and Motor Controllers.
Manufacturer: AMK Motion GmbH +
CoKG, Germany. Intended Use: The
instrument is intended to be used to
teach current engineering students at
the University of Michigan about
vehicle integration, design, and
dynamics. This is taught to students
through participation in the national
wide intercollegiate Formula SAE
competitions. This motor is a critical
component in the electric powertrain of
the vehicle as each motor will
independently control each wheel of the
car. These specific motors from AMK
allow our team to learn the
fundamentals of such a process without
having to design and manufacture our
motors and motor controllers, which is
a far more expensive, time-consuming,
and knowledge-heavy process.
Justification for Duty-Free Entry:
According to the applicant, there are no
instruments of the same general
category manufactured in the United
States. Application accepted by
Commissioner of Customs: January 3,
2024.
Dated: April 19, 2024.
Gregory W. Campbell,
Director, Subsidies and Economic Analysis,
Enforcement and Compliance.
[FR Doc. 2024–08810 Filed 4–24–24; 8:45 am]
lotter on DSK11XQN23PROD with NOTICES1
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–849]
Common Alloy Aluminum Sheet From
Germany: Preliminary Results and
Partial Rescission of Antidumping
Duty Administrative Review; 2022–
2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Speira GmbH (Speira),
the sole respondent subject to this
administrative review of the
antidumping duty order on common
alloy aluminum sheet from Germany,
sold subject merchandise at less than
normal value (NV) during the period of
review (POR) April 1, 2022, through
March 31, 2023. Interested parties are
invited to comment on these
preliminary results of the review.
DATES: Applicable April 25, 2024.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen, 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) 482–2769.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 12, 2023, Commerce initiated
an administrative review of the
antidumping duty order on common
alloy aluminum sheet from Germany
covering the POR.1 On December 27,
2023, Commerce extended the deadline
for issuing the preliminary results of
this review until April 19, 2024.2
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.3 A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
38021 (June 12, 2023); see also Common Alloy
Aluminum Sheet from Bahrain, Brazil, Croatia,
Egypt, Germany, India, Indonesia, Italy, Oman,
Romania, Serbia, Slovenia, South Africa, Spain,
Taiwan, and the Republic of Turkey: Antidumping
Duty Orders, 86 FR 22139 (April 27, 2021) (Order).
2 See Memorandum, ‘‘Extension of Deadline for
the Preliminary Results of Antidumping Duty
Administrative Review; 2022–2023,’’ dated
December 27, 2023.
3 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of the 2022–2023
Administrative Review of the Antidumping Duty
Order on Common Alloy Aluminum Sheet from
Germany,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
PO 00000
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Fmt 4703
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appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://access.
trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
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. 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 full
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Partial Rescission of the Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole, or in
part, with respect to specific companies,
if all parties who requested the review
withdraw their requests within 90 days
of publication of the notice of initiation
of the requested review in the Federal
Register. All parties timely withdrew
their review requests for the following
companies: (1) Alanod GmbH & Co. KG
(Alanod); (2) Constellium Rolled
Products Singen GmbH & Co. KG
(Constellium Rolled); (3) Constellium
Singen GmbH (Constellium Singen); and
(4) Novelis Deutschland GmbH
(Novelis). Therefore, consistent with 19
CFR 351.213(d)(1), Commerce is
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Federal Register / Vol. 89, No. 81 / Thursday, April 25, 2024 / Notices
rescinding this review, in part, with
respect to these companies.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act). We calculated export prices
and NV for Speira in accordance with
sections 772 and 773 of the Act,
respectively. For a full description of
the methodology underlying our
preliminary results of review, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
We are assigning the following
weighted-average dumping margin to
the company listed below for the period
April 1, 2022, through March 31, 2023:
Producer or exporter
Weightedaverage
dumping
margin
(percent)
Speira GmbH 4 ............................
6.44
4 Formerly
lotter on DSK11XQN23PROD with NOTICES1
known as Hydro Aluminium
Rolled Products GmbH. See Common Alloy
Aluminum Sheet from Germany: Preliminary
Results of Antidumping Duty Administrative
Review; 2020–2022, 88 FR 30087 (May 10,
2023, unchanged in Common Alloy Aluminum
Sheet from Germany: Final Results of Antidumping Duty Administrative Review; 2020–
2022, 88 FR 77556 (November 13, 2023).
Disclosure and Public Comment
Commerce intends to disclose, under
administrative protective order, its
calculations and analysis performed for
these preliminary results of review to
parties to the proceeding within five
days of any public announcement of the
preliminary results or, if there is no
public announcement, within five days
of the date of publication of this notice
in the Federal Register in accordance
with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice in
the Federal Register. 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.5
Interested parties who submit case
briefs or rebuttal briefs in this review
must submit: (1) a table of contents
listing each issue; and (2) a table of
authorities.6
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
5 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).
6 See 19 351.309(c)(2) and (d)(2).
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proceedings we have encouraged
interested parties to provide an
executive summary of their briefs that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.7 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the 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).8
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request
for a hearing to the Assistant Secretary
for Enforcement and Compliance, filed
electronically via ACCESS. Requests for
a hearing should contain: (1) the
requesting party’s name, address, and
telephone number; (2) the number of
individuals associated with the
requesting party that will attend the
hearing and whether any of those
individuals is a foreign national; and (3)
a list of the issues that the party intends
to discuss at the hearing. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs. An electronically filed
hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice in the Federal Register. If a
request for a hearing is made, Commerce
will announce the date and time of the
hearing. Parties should confirm the date
and time of the hearing two days before
the scheduled hearing date.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review in the
7 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
8 See APO and Service Final Rule, 88 FR at 67077.
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31725
Federal Register, pursuant to section
751(a)(3)(A) of the Act.9
Assessment Rates
In accordance with section
751(a)(2)(C) of the Act, the assessment
of antidumping duties on entries of
merchandise covered by the review
shall be based on the final results of this
review.10 Therefore, upon issuance of
the final results of this review,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise covered by this review in
accordance with 19 CFR 351.212(b)(1).
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
We will calculate importer-specific
assessment rates for Speira, in
accordance with 19 CFR 351.212(b)(1).11
Because Speira does not know, and thus
did not report, entered values, we will
calculate importer-specific per-unit
assessment rates for the company by
dividing the total amount of dumping
calculated in the final results of this
review for all reviewed U.S. sales to the
importer by the total quantity of those
sales. While we will calculate estimated
ad valorem importer-specific
assessment rates to determine whether
the per-unit assessment rates are de
minimis, we will report the per-unit
assessment rates to CBP. 12 Where either
the respondent’s ad valorem weightedaverage dumping margin is zero or de
minimis, or an importer-specific ad
valorem assessment rate is zero or de
minimis,13 we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
Pursuant to a refinement to
Commerce’s assessment practice, where
sales of subject merchandise that was
produced or exported by an
individually examined respondent were
9 See section 751(a)(3)(A) of the Act; see also 19
CFR 351.213(h)(1).
10 See section 751(a)(2)(C) of the Act.
11 We applied the assessment rate calculation
method adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Proceedings: Final Modification, 77
FR 8101 (February 14, 2012).
12 See 19 CFR 351.212(b)(1).
13 See 19 CFR 351.106(c)(2).
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Federal Register / Vol. 89, No. 81 / Thursday, April 25, 2024 / Notices
not reported in the U.S. sales data
submitted by the respondent, but the
merchandise was entered for
consumption in the United States
during the POR, we will instruct CBP to
liquidate any entries of such
merchandise at the all-others rate (i.e.,
49.40 percent) if there is no rate for the
intermediate company(ies) involved in
the transaction.14
Because Commerce is rescinding this
review with respect to Alanod,
Constellium Rolled, Constellium
Singen, and Novelis, we will instruct
CBP to assess antidumping duties on all
appropriate entries of subject
merchandise during the POR from these
companies at rates equal to the cash
deposit rate for estimated antidumping
duties that was required at the time of
entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue its rescission instructions to
CBP no earlier than 35 days after the
date of publication of this notice in the
Federal Register.
lotter on DSK11XQN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be in effect for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the notice of the final
results of this administrative review in
the Federal Register, as provided for by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Speira will be
equal to the weighted-average dumping
margin established for the company in
the final results of this review, except if
the weighted-average dumping margin
is less than 0.50 percent, and, therefore,
de minimis within the meaning of 19
CFR 351.106(c)(1), the cash deposit rate
will be zero; (2) for previously
investigated or reviewed exporters that
are not covered by this review, the cash
deposit rate will continue to be the
company’s cash deposit rate from the
most recently completed segment of the
proceeding in which it was examined;
(3) if the exporter is not covered by this
review, and does not have a cash
deposit rate from a completed segment
of this proceeding, but the producer of
the subject merchandise does have a
cash deposit rate, then the cash deposit
rate will be the producer’s cash deposit
rate from the most recently completed
segment of the proceeding in which it
was examined; and (4) the cash deposit
rate for all other producers or exporters
14 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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will continue to be 49.40 percent, the
all-others rate established in the lessthan-fair-value investigation.15 These
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(1) and
777(i)(l) of the Act, and 19 CFR 351.213
and 351.221(b)(4).
Dated: April 19, 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.
Appendix—List of Sections in the
Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024–08895 Filed 4–24–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–809, A–580–870, A–580–876, A–580–
897]
Circular Welded Non-Alloy Steel Pipe
From the Republic of Korea; Oil
Country Tubular Goods From the
Republic of Korea; Welded Line Pipe
From the Republic of Korea; and Large
Diameter Welded Pipe From the
Republic of Korea: Notice of Initiation
of Antidumping Duty Changed
Circumstances Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
15 See Common Alloy Aluminum Sheet from
Germany: Final Determination of Sales at Less Than
Fair Value, 86 FR 13318 (March 8, 2021).
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The U.S. Department of
Commerce (Commerce) is initiating a
changed circumstances review (CCR) to
determine whether Hyundai Steel Pipe
Co., Ltd. (HSP) is the successor-ininterest to Hyundai Steel Company
(Hyundai Steel) in the context of the
antidumping duty (AD) orders on
circular welded non-alloy steel pipe
(CWP); oil country tubular goods
(OCTG); welded line pipe (WLP); and
large diameter welded pipe (LDWP)
from the Republic of Korea (Korea).
DATES: Applicable April 25, 2024.
FOR FURTHER INFORMATION CONTACT: Erin
Kearney, AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; (202) 482–0167.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On November 2, 1992, September 10,
2014, December 1, 2015, and May 2,
2019, respectively, Commerce published
in the Federal Register AD orders on
CWP, OCTG, WLP, and LDWP from
Korea.1 On March 11, 2024, HSP
requested that, pursuant to section
751(b)(1) of the Tariff Act of 1930, as
amended (the Act), 19 CFR 351.216, and
19 CFR 351.221(c)(3), Commerce
conduct an expedited CCR to determine
that HSP is the successor-in-interest to
Hyundai Steel and accordingly to assign
it the cash deposit rates currently
applicable to Hyundai Steel pursuant to
CWP Order, OCTG Order, WLP Order,
and LDWP Order.2 In its submission,
HSP stated that on April 1, 2021,
Hyundai Steel restructured to organize
its internal departmental units on the
basis of product type through the end of
2023. HSP stated that on September 26,
2023, Hyundai Steel’s board of directors
1 See Notice of Antidumping Orders: Certain
Circular Welded Non-Alloy Steel Pipe from Brazil,
the Republic of Korea (Korea), Mexico, and
Venezuela, and Amendment to Final Determination
of Sales at Less Than Fair Value: Certain Circular
Welded Non-Alloy Steel Pipe from Korea, 57 FR
49453 (November 2, 1992) (CWP Order); Certain Oil
Country Tubular Goods from India, the Republic of
Korea, Taiwan, the Republic of Turkey, and the
Socialist Republic of Vietnam: Antidumping Duty
Orders; and Certain Oil Country Tubular Goods
from the Socialist Republic of Vietnam: Amended
Final Determination of Sales at Less Than Fair
Value, 79 FR 53691 (September 10, 2014) (OCTG
Order); Welded Line Pipe from the Republic of
Korea and the Republic of Turkey: Antidumping
Duty Orders, 80 FR 75056 (December 1, 2015) (WLP
Order); and Large Diameter Welded Pipe from the
Republic of Korea: Amended Final Affirmative
Antidumping Determination and Antidumping
Duty Order, 84 FR 18767 (May 2, 2019) (LDWP
Order) (collectively, Orders).
2 See HSP’s Letter, ‘‘Hyundai Steel Pipe Request
for Changed Circumstances Review,’’ dated March
11, 2024 (HSP’s CCR Request).
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]]>Agencies
[Federal Register Volume 89, Number 81 (Thursday, April 25, 2024)]
[Notices]
[Pages 31724-31726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08895]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-849]
Common Alloy Aluminum Sheet From Germany: Preliminary Results and
Partial Rescission of Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Speira GmbH (Speira), the sole respondent subject to
this administrative review of the antidumping duty order on common
alloy aluminum sheet from Germany, sold subject merchandise at less
than normal value (NV) during the period of review (POR) April 1, 2022,
through March 31, 2023. Interested parties are invited to comment on
these preliminary results of the review.
DATES: Applicable April 25, 2024.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, 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) 482-2769.
SUPPLEMENTARY INFORMATION:
Background
On June 12, 2023, Commerce initiated an administrative review of
the antidumping duty order on common alloy aluminum sheet from Germany
covering the POR.\1\ On December 27, 2023, Commerce extended the
deadline for issuing the preliminary results of this review until April
19, 2024.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 38021 (June 12, 2023); see also Common
Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany,
India, Indonesia, Italy, Oman, Romania, Serbia, Slovenia, South
Africa, Spain, Taiwan, and the Republic of Turkey: Antidumping Duty
Orders, 86 FR 22139 (April 27, 2021) (Order).
\2\ See Memorandum, ``Extension of Deadline for the Preliminary
Results of Antidumping Duty Administrative Review; 2022-2023,''
dated December 27, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
A list of the topics discussed in the Preliminary Decision Memorandum
is attached as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the 2022-2023 Administrative Review of the Antidumping
Duty Order on Common Alloy Aluminum Sheet from Germany,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
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.
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 full description of the scope
of the Order, see the Preliminary Decision Memorandum.
Partial Rescission of the Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole, or in part, with respect to specific
companies, if all parties who requested the review withdraw their
requests within 90 days of publication of the notice of initiation of
the requested review in the Federal Register. All parties timely
withdrew their review requests for the following companies: (1) Alanod
GmbH & Co. KG (Alanod); (2) Constellium Rolled Products Singen GmbH &
Co. KG (Constellium Rolled); (3) Constellium Singen GmbH (Constellium
Singen); and (4) Novelis Deutschland GmbH (Novelis). Therefore,
consistent with 19 CFR 351.213(d)(1), Commerce is
[[Page 31725]]
rescinding this review, in part, with respect to these companies.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We
calculated export prices and NV for Speira in accordance with sections
772 and 773 of the Act, respectively. For a full description of the
methodology underlying our preliminary results of review, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
We are assigning the following weighted-average dumping margin to
the company listed below for the period April 1, 2022, through March
31, 2023:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Speira GmbH \4\............................................ 6.44
------------------------------------------------------------------------
\4\ Formerly known as Hydro Aluminium Rolled Products GmbH. See Common
Alloy Aluminum Sheet from Germany: Preliminary Results of Antidumping
Duty Administrative Review; 2020-2022, 88 FR 30087 (May 10, 2023,
unchanged in Common Alloy Aluminum Sheet from Germany: Final Results
of Antidumping Duty Administrative Review; 2020-2022, 88 FR 77556
(November 13, 2023).
Disclosure and Public Comment
Commerce intends to disclose, under administrative protective
order, its calculations and analysis performed for these preliminary
results of review to parties to the proceeding within five days of any
public announcement of the preliminary results or, if there is no
public announcement, within five days of the date of publication of
this notice in the Federal Register in accordance with 19 CFR
351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice in the Federal Register. 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.\5\ Interested parties who submit
case briefs or rebuttal briefs in this review must submit: (1) a table
of contents listing each issue; and (2) a table of authorities.\6\
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\5\ 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).
\6\ See 19 351.309(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 briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\7\ Further, we
request that interested parties limit their executive summary of each
issue to no more than 450 words, not including citations. We intend to
use the executive summaries as the basis of the comment summaries
included in the issues and decision memorandum that will accompany the
final results in this administrative review. We request that interested
parties include footnotes for relevant citations in the 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).\8\
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\7\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\8\ See APO and Service Final Rule, 88 FR at 67077.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request for a hearing to the
Assistant Secretary for Enforcement and Compliance, filed
electronically via ACCESS. Requests for a hearing should contain: (1)
the requesting party's name, address, and telephone number; (2) the
number of individuals associated with the requesting party that will
attend the hearing and whether any of those individuals is a foreign
national; and (3) a list of the issues that the party intends to
discuss at the hearing. Issues raised in the hearing will be limited to
those raised in the respective case and rebuttal briefs. An
electronically filed hearing request must be received successfully in
its entirety by Commerce's electronic records system, ACCESS, by 5 p.m.
Eastern Time within 30 days after the date of publication of this
notice in the Federal Register. If a request for a hearing is made,
Commerce will announce the date and time of the hearing. Parties should
confirm the date and time of the hearing two days before the scheduled
hearing date.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.\9\
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\9\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h)(1).
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Assessment Rates
In accordance with section 751(a)(2)(C) of the Act, the assessment
of antidumping duties on entries of merchandise covered by the review
shall be based on the final results of this review.\10\ Therefore, upon
issuance of the final results of this review, Commerce will determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise covered by
this review in accordance with 19 CFR 351.212(b)(1).
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\10\ See section 751(a)(2)(C) of the Act.
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
We will calculate importer-specific assessment rates for Speira, in
accordance with 19 CFR 351.212(b)(1).\11\ Because Speira does not know,
and thus did not report, entered values, we will calculate importer-
specific per-unit assessment rates for the company by dividing the
total amount of dumping calculated in the final results of this review
for all reviewed U.S. sales to the importer by the total quantity of
those sales. While we will calculate estimated ad valorem importer-
specific assessment rates to determine whether the per-unit assessment
rates are de minimis, we will report the per-unit assessment rates to
CBP. \12\ Where either the respondent's ad valorem weighted-average
dumping margin is zero or de minimis, or an importer-specific ad
valorem assessment rate is zero or de minimis,\13\ we will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties.
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\11\ We applied the assessment rate calculation method adopted
in Antidumping Proceedings: Calculation of the Weighted-Average
Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
\12\ See 19 CFR 351.212(b)(1).
\13\ See 19 CFR 351.106(c)(2).
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Pursuant to a refinement to Commerce's assessment practice, where
sales of subject merchandise that was produced or exported by an
individually examined respondent were
[[Page 31726]]
not reported in the U.S. sales data submitted by the respondent, but
the merchandise was entered for consumption in the United States during
the POR, we will instruct CBP to liquidate any entries of such
merchandise at the all-others rate (i.e., 49.40 percent) if there is no
rate for the intermediate company(ies) involved in the transaction.\14\
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\14\ 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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Because Commerce is rescinding this review with respect to Alanod,
Constellium Rolled, Constellium Singen, and Novelis, we will instruct
CBP to assess antidumping duties on all appropriate entries of subject
merchandise during the POR from these companies at rates equal to the
cash deposit rate for estimated antidumping duties that was required at
the time of entry, or withdrawal from warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue its
rescission instructions to CBP no earlier than 35 days after the date
of publication of this notice in the Federal Register.
Cash Deposit Requirements
The following cash deposit requirements will be in effect for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the notice of
the final results of this administrative review in the Federal
Register, as provided for by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Speira will be equal to the weighted-average
dumping margin established for the company in the final results of this
review, except if the weighted-average dumping margin is less than 0.50
percent, and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), the cash deposit rate will be zero; (2) for previously
investigated or reviewed exporters that are not covered by this review,
the cash deposit rate will continue to be the company's cash deposit
rate from the most recently completed segment of the proceeding in
which it was examined; (3) if the exporter is not covered by this
review, and does not have a cash deposit rate from a completed segment
of this proceeding, but the producer of the subject merchandise does
have a cash deposit rate, then the cash deposit rate will be the
producer's cash deposit rate from the most recently completed segment
of the proceeding in which it was examined; and (4) the cash deposit
rate for all other producers or exporters will continue to be 49.40
percent, the all-others rate established in the less-than-fair-value
investigation.\15\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\15\ See Common Alloy Aluminum Sheet from Germany: Final
Determination of Sales at Less Than Fair Value, 86 FR 13318 (March
8, 2021).
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i)(l) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
Dated: April 19, 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.
Appendix--List of Sections in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-08895 Filed 4-24-24; 8:45 am]
BILLING CODE 3510-DS-P
