Aluminum Lithographic Printing Plates From Japan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 35065-35067 [2024-09456]
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Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices
subheadings 3701.99.3000 and 8442.50.1000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Currency Conversion
VI. Preliminary Determination of Critical
Circumstances
VII. Adjustment Under Section 777A(F) of
the Act
VIII. Adjustment to Cash Deposit Rate for
Export Subsidies
IX. Recommendation
[FR Doc. 2024–09457 Filed 4–30–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–881]
Aluminum Lithographic Printing Plates
From Japan: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that aluminum lithographic
printing plates (printing plates) from
Japan are being, or are likely to be, sold
in the United States at less than fair
value (LTFV). The period of
investigation (POI) is July 1, 2022,
through June 30, 2023. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable May 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Caroline Carroll, 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) 482–4948.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce initiated this
investigation on October 18, 2023.1 On
1 See Aluminum Lithographic Printing Plates
From the People’s Republic of China and Japan:
VerDate Sep<11>2014
16:59 Apr 30, 2024
Jkt 262001
February 14, 2024, Commerce
postponed the preliminary
determination of this investigation, and
the revised deadline is now April 25,
2024.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
addressed in the Preliminary Decision
Memorandum is included as Appendix
II 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 Investigation
The products covered by this
investigation are printing plates from
Japan. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 No interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice. Commerce is not
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
Preliminary Collapsing Determination
Based on record evidence in this
investigation, Commerce preliminarily
finds that Fujifilm Corporation (Fujifilm
Corp.) and Fujifilm Shizuoka Co., Ltd.
(FFSH) are affiliated companies,
pursuant to sections 771(33)(E) and (F)
of the Act. Furthermore, pursuant to 19
CFR 351.401(f)(1)–(2), we find that
Fujifilm Corp. and FFSH should be
collapsed and treated as a single entity
(collectively, Fujifilm). For additional
information, see the Affiliation and
Collapsing Memorandum.6
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Normal
value (NV) is calculated in accordance
with section 773 of the Act. For a full
description of the methodology
underlying Commerce’s preliminary
determination, see the Preliminary
Decision Memorandum.
All-Others Rate
Section 733(d)(1)(ii) of the Act
provides that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for all exporters and producers not
individually examined. Pursuant to
section 735(c)(5)(A) of the Act, this rate
shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
preliminarily assigned a rate based
entirely on facts available to Miraclon
Corporation Ltd. Therefore, the only rate
that is not zero, de minimis, or based
entirely on facts otherwise available is
the rate calculated for Fujifilm.
Consequently, the rate calculated for
Fujifilm is also assigned as the rate for
all other producers and exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter/producer
Initiation of Less-Than-Fair-Value Investigations, 88
FR 73316 (October 25, 2023) (Initiation Notice).
2 See Aluminum Lithographic Printing Plates
from the People’s Republic of China and Japan:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 89 FR 11248
(February 14, 2024).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Aluminum
Lithographic Printing Plates from Japan,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 88 FR at 73317.
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
35065
Fujifilm Corporation; Fujifilm
Shizuoka Co., Ltd ...................
Miraclon Corporation Ltd ............
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
87.81
* 157.16
87.81
* Rate based on facts available with adverse
inferences.
6 See Memorandum, ‘‘Preliminary Affiliation and
Collapsing Memorandum’’ dated concurrently with
this memorandum (Affiliation and Collapsing
Memorandum).
E:\FR\FM\01MYN1.SGM
01MYN1
35066
Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) the cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise ; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin. These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement or, if
there is no public announcement,
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
ddrumheller on DSK120RN23PROD with NOTICES1
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination.
Public Comment
Case briefs or other written comments
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 case briefs, may be
submitted no later than five days after
the deadline date for case briefs.7
Interested parties who submit case or
rebuttal briefs in this investigation must
submit: (1) a statement of the issue; (2)
7 See
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
VerDate Sep<11>2014
16:59 Apr 30, 2024
Jkt 262001
a brief summary of the argument; and
(3) a table of authorities.8
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.9 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 determination in this investigation.
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).10
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the (1) party’s name,
address, and telephone number; (2) the
number of participants and whether any
participant is a foreign national; and (3)
a list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
8 See
19 CFR 351.309(c)(2) and (d)(2).
use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
10 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069,
67077 (September 29, 2023).
9 We
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
determination, a request for such
postponement is made by the petitioner.
Pursuant to 19 CFR 351.210(e)(2),
Commerce requires that requests by
respondents for postponement of the
final determination be accompanied by
a request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On March 28, 2024, pursuant to 19
CFR 351.210(e), Fujifilm requested that
Commerce postpone the final
determination and extend provisional
measures to a period not to exceed six
months.11 In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) the
preliminary determination is
affirmative; (2) the requesting exporter
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination of sales at
LTFV. If the final determination is
affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination
whether imports of the subject
merchandise are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: April 25, 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 I
Scope of the Investigation
The merchandise covered by this
investigation is aluminum lithographic
11 See Fujifilm’s Letter, ‘‘Fujifilm’s Request to
Postpone Final Determination,’’ dated March 28,
2024.
E:\FR\FM\01MYN1.SGM
01MYN1
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Notices
printing plates. Aluminum lithographic
printing plates consist of a flat substrate
containing at least 90 percent aluminum. The
aluminum-containing substrate is generally
treated using a mechanical, electrochemical,
or chemical graining process, which is
followed by one or more anodizing
treatments that form a hydrophilic layer on
the aluminum-containing substrate. An
image-recording, oleophilic layer that is
sensitive to light, including but not limited
to ultra-violet, visible, or infrared, is
dispersed in a polymeric binder material that
is applied on top of the hydrophilic layer,
generally on one side of the aluminum
lithographic printing plate. The oleophilic
light-sensitive layer is capable of capturing
an image that is transferred onto the plate by
either light or heat. The image applied to an
aluminum lithographic printing plate
facilitates the production of newspapers,
magazines, books, yearbooks, coupons,
packaging, and other printed materials
through an offset printing process, where an
aluminum lithographic printing plate
facilitates the transfer of an image onto the
printed media. Aluminum lithographic
printing plates within the scope of this
investigation include all aluminum
lithographic printing plates, irrespective of
the dimensions or thickness of the
underlying aluminum substrate, whether the
plate requires processing after an image is
applied to the plate, whether the plate is
ready to be mounted to a press and used in
printing operations immediately after an
image is applied to the plate, or whether the
plate has been exposed to light or heat to
create an image on the plate or remains
unexposed and is free of any image.
Subject merchandise also includes
aluminum lithographic printing plates
produced from an aluminum sheet coil that
has been coated with a light-sensitive imagerecording layer in a subject country and that
is subsequently unwound and cut to the final
dimensions to produce a finished plate in a
third country (including the United States),
or exposed to light or heat to create an image
on the plate in a third country (including in
a foreign trade zone within the United
States).
Excluded from the scope of this
investigation are lithographic printing plates
manufactured using a substrate produced
from a material other than aluminum, such
as rubber or plastic.
Aluminum lithographic printing plates are
currently classifiable under Harmonized
Tariff of the United States (HTSUS)
subheadings 3701.30.0000 and 3701.99.6060.
Further, merchandise that falls within the
scope of this investigation may also be
entered into the United States under HTSUS
subheadings 3701.99.3000 and 8442.50.1000.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
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16:59 Apr 30, 2024
Jkt 262001
IV. Application of Facts Available and Use of
Adverse Inference
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024–09456 Filed 4–30–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–139]
Certain Mobile Access Equipment and
Subassemblies Thereof From the
People’s Republic of China:
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 Zhejiang Dingli
Machinery Co., Ltd. (Dingli), the sole
mandatory respondent in this review
and an exporter of certain mobile access
equipment and subassemblies thereof
(MAE) from the People’s Republic of
China (China), sold subject merchandise
in the United States at prices below
normal value (NV) during the period of
review April 13, 2022, through March
31, 2023. In addition, Commerce is
rescinding this review with respect to
Oshkosh JLG (Tianjin) Equipment
Technology Co., Ltd. (Oshkosh),
Lingong Group Jinan Heavy Machinery
Co., Ltd. (Lingong), and Terex
(Changzhou) Machinery Co., Ltd.
(Terex). Interested parties are invited to
comment on these preliminary results of
review.
DATES: Applicable May 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0665.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 14, 2022, Commerce
published in the Federal Register the
antidumping duty order on MAE from
China.1 On June 12, 2023, based on
timely requests for review, in
accordance with 19 CFR
1 See Certain Mobile Access Equipment and
Subassemblies Thereof from the People’s Republic
of China: Antidumping Duty Order, 87 FR 22190
(April 14, 2022) (Order).
PO 00000
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Fmt 4703
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35067
351.221(c)(1)(i), we initiated this
administrative review of the Order with
respect to four companies.2 On
December 11, 2023, we extended the
deadline for the preliminary results of
this review to April 26, 2024.3 For a
complete description of the events that
occurred since the initiation of this
review, see the Preliminary Decision
Memorandum.4 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. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
appendix to this notice.
Scope of the Order 5
The merchandise covered by the
Order is MAE from China. A full
description of the scope of the Order is
contained in the Preliminary Decision
Memorandum.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review. On
July 11, 2023, the petitioner 6 timely
withdrew its request for an
administrative review of Oshkosh.7 On
July 26, 2023, Lingong timely withdrew
its request for an administrative
review.8 On August 8, 2023, the
petitioner timely withdrew its request
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
38021 (June 12, 2023).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated December 11, 2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Certain Mobile Access
Equipment and Subassemblies Thereof from the
People’s Republic of China; 2022–2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
5 See Order, 87 FR at 22190.
6 The petitioner is the Coalition of American
Manufacturers of Mobile Access Equipment.
7 See Petitioner’s Letter, ‘‘Partial Withdrawal of
Request for Administrative Review,’’ dated July 11,
2023.
8 See Lingong’s Letter, ‘‘Withdrawal of Request
for Administrative Review,’’ dated July 26, 2023.
E:\FR\FM\01MYN1.SGM
01MYN1
]]>Agencies
[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Notices]
[Pages 35065-35067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09456]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-881]
Aluminum Lithographic Printing Plates From Japan: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that aluminum lithographic printing plates (printing plates)
from Japan are being, or are likely to be, sold in the United States at
less than fair value (LTFV). The period of investigation (POI) is July
1, 2022, through June 30, 2023. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable May 1, 2024.
FOR FURTHER INFORMATION CONTACT: Caroline Carroll, 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) 482-4948.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
initiated this investigation on October 18, 2023.\1\ On February 14,
2024, Commerce postponed the preliminary determination of this
investigation, and the revised deadline is now April 25, 2024.\2\
---------------------------------------------------------------------------
\1\ See Aluminum Lithographic Printing Plates From the People's
Republic of China and Japan: Initiation of Less-Than-Fair-Value
Investigations, 88 FR 73316 (October 25, 2023) (Initiation Notice).
\2\ See Aluminum Lithographic Printing Plates from the People's
Republic of China and Japan: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 89 FR
11248 (February 14, 2024).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics addressed in the Preliminary Decision
Memorandum is included as Appendix II 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 the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Aluminum Lithographic Printing Plates from Japan,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are printing plates from
Japan. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ No interested party
commented on the scope of the investigation as it appeared in the
Initiation Notice. Commerce is not preliminarily modifying the scope
language as it appeared in the Initiation Notice. See the scope in
Appendix I to this notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 88 FR at 73317.
---------------------------------------------------------------------------
Preliminary Collapsing Determination
Based on record evidence in this investigation, Commerce
preliminarily finds that Fujifilm Corporation (Fujifilm Corp.) and
Fujifilm Shizuoka Co., Ltd. (FFSH) are affiliated companies, pursuant
to sections 771(33)(E) and (F) of the Act. Furthermore, pursuant to 19
CFR 351.401(f)(1)-(2), we find that Fujifilm Corp. and FFSH should be
collapsed and treated as a single entity (collectively, Fujifilm). For
additional information, see the Affiliation and Collapsing
Memorandum.\6\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Preliminary Affiliation and Collapsing
Memorandum'' dated concurrently with this memorandum (Affiliation
and Collapsing Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Normal value (NV) is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying Commerce's preliminary
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Section 733(d)(1)(ii) of the Act provides that in the preliminary
determination, Commerce shall determine an estimated all-others rate
for all exporters and producers not individually examined. Pursuant to
section 735(c)(5)(A) of the Act, this rate shall be an amount equal to
the weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero and de minimis margins, and any margins determined
entirely under section 776 of the Act.
In this investigation, Commerce preliminarily assigned a rate based
entirely on facts available to Miraclon Corporation Ltd. Therefore, the
only rate that is not zero, de minimis, or based entirely on facts
otherwise available is the rate calculated for Fujifilm. Consequently,
the rate calculated for Fujifilm is also assigned as the rate for all
other producers and exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Fujifilm Corporation; Fujifilm Shizuoka Co., Ltd............ 87.81
Miraclon Corporation Ltd.................................... * 157.16
All Others.................................................. 87.81
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
[[Page 35066]]
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) the cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise ; and (3) the cash deposit rate for all
other producers and exporters will be equal to the all-others estimated
weighted-average dumping margin. These suspension of liquidation
instructions will remain in effect until further notice.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments 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 case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\7\ Interested parties who submit case or rebuttal
briefs in this investigation must submit: (1) a statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.\8\
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\7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\8\ 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.\9\
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 determination in this investigation. 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).\10\
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\9\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\10\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069, 67077 (September 29, 2023).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the (1) party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
a list of the issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by respondents for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On March 28, 2024, pursuant to 19 CFR 351.210(e), Fujifilm
requested that Commerce postpone the final determination and extend
provisional measures to a period not to exceed six months.\11\ In
accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) the preliminary determination is
affirmative; (2) the requesting exporter account for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination.
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\11\ See Fujifilm's Letter, ``Fujifilm's Request to Postpone
Final Determination,'' dated March 28, 2024.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether imports of the subject merchandise are materially
injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: April 25, 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 I
Scope of the Investigation
The merchandise covered by this investigation is aluminum
lithographic
[[Page 35067]]
printing plates. Aluminum lithographic printing plates consist of a
flat substrate containing at least 90 percent aluminum. The
aluminum-containing substrate is generally treated using a
mechanical, electrochemical, or chemical graining process, which is
followed by one or more anodizing treatments that form a hydrophilic
layer on the aluminum-containing substrate. An image-recording,
oleophilic layer that is sensitive to light, including but not
limited to ultra-violet, visible, or infrared, is dispersed in a
polymeric binder material that is applied on top of the hydrophilic
layer, generally on one side of the aluminum lithographic printing
plate. The oleophilic light-sensitive layer is capable of capturing
an image that is transferred onto the plate by either light or heat.
The image applied to an aluminum lithographic printing plate
facilitates the production of newspapers, magazines, books,
yearbooks, coupons, packaging, and other printed materials through
an offset printing process, where an aluminum lithographic printing
plate facilitates the transfer of an image onto the printed media.
Aluminum lithographic printing plates within the scope of this
investigation include all aluminum lithographic printing plates,
irrespective of the dimensions or thickness of the underlying
aluminum substrate, whether the plate requires processing after an
image is applied to the plate, whether the plate is ready to be
mounted to a press and used in printing operations immediately after
an image is applied to the plate, or whether the plate has been
exposed to light or heat to create an image on the plate or remains
unexposed and is free of any image.
Subject merchandise also includes aluminum lithographic printing
plates produced from an aluminum sheet coil that has been coated
with a light-sensitive image-recording layer in a subject country
and that is subsequently unwound and cut to the final dimensions to
produce a finished plate in a third country (including the United
States), or exposed to light or heat to create an image on the plate
in a third country (including in a foreign trade zone within the
United States).
Excluded from the scope of this investigation are lithographic
printing plates manufactured using a substrate produced from a
material other than aluminum, such as rubber or plastic.
Aluminum lithographic printing plates are currently classifiable
under Harmonized Tariff of the United States (HTSUS) subheadings
3701.30.0000 and 3701.99.6060. Further, merchandise that falls
within the scope of this investigation may also be entered into the
United States under HTSUS subheadings 3701.99.3000 and 8442.50.1000.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of this
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and Use of Adverse Inference
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-09456 Filed 4-30-24; 8:45 am]
BILLING CODE 3510-DS-P
