Common Alloy Aluminum Sheet From South Africa: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023, 42845-42847 [2024-10709]
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42845
Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Notices
provided for convenience and customs
purposes only. The written description of the
scope of the investigation is dispositive.
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act, and 19 CFR 351.203(c)(1).
Dated: May 9, 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.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–791–825]
Scope of the Investigation
The merchandise covered by this
investigation is ceramic flooring tile, wall
tile, paving tile, hearth tile, porcelain tile,
mosaic tile, flags, decorative tile, finishing
tile, and the like (hereinafter ceramic tile).
Ceramic tiles are articles containing a
mixture of minerals including clay (generally
hydrous silicates of alumina or magnesium)
that are fired so the raw materials are fused
to produce a tile that is less than 3.2 cm in
thickness, exclusive of decorative features.
All ceramic tile is subject to the scope
regardless of end use, surface area, and
weight, regardless of whether the tile is
glazed or unglazed, regardless of the water
absorption coefficient by weight, regardless
of the extent of vitrification, and regardless
of whether or not the tile is on a backing.
Subject merchandise includes ceramic tile
‘‘slabs’’ or ‘‘panels’’ (tiles that are larger than
1 meter2 (11 ft2)).
Subject merchandise includes ceramic tile
that undergoes minor processing in a third
country prior to importation into the United
States. Similarly, subject merchandise
includes ceramic tile produced that
undergoes minor processing after importation
into the United States. Such minor
processing includes, but is not limited to, one
or more of the following: beveling, cutting,
trimming, staining, painting, polishing,
finishing, additional firing, affixing a
decorative surface to the tile, or any other
processing that would otherwise not remove
the merchandise from the scope of the
investigation if performed in the country of
manufacture of the in-scope product.
Subject merchandise is currently classified
in the Harmonized Tariff Schedule of the
United States (HTSUS) under the following
subheadings of heading 6907: 6907.21.1005,
6907.21.1011, 6907.21.1051, 6907.21.2000,
6907.21.3000, 6907.21.4000, 6907.21.9011,
6907.21.9051, 6907.22.1005, 6907.22.1011,
6907.22.1051, 6907.22.2000, 6907.22.3000,
6907.22.4000, 6907.22.9011, 6907.22.9051,
6907.23.1005, 6907.23.1011, 6907.23.1051,
6907.23.2000, 6907.23.3000, 6907.23.4000,
6907.23.9011, 6907.23.9051, 6907.30.1005,
6907.30.1011, 6907.30.1051, 6907.30.2000,
6907.30.3000, 6907.30.4000, 6907.30.9011,
6907.30.9051, 6907.40.1005, 6907.40.1011,
6907.40.1051, 6907.40.2000, 6907.40.3000,
6907.40.4000, 6907.40.9011, and
6907.40.9051. Subject merchandise may also
enter under subheadings of headings 6913,
6914, and 6905: 6913.90.2000, 6914.10.8000,
6914.90.8000, 6905.10.0000, and
6905.90.0050. The HTSUS subheadings are
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
VerDate Sep<11>2014
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17:50 May 15, 2024
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Common Alloy Aluminum Sheet From
South Africa: Preliminary Results 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 sales of common alloy
aluminum sheet (aluminum sheet) from
South Africa were made at less than
normal value during the period of
review (POR), April 1, 2022, through
March 31, 2023. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable May 16, 2024.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4243.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 27, 2021, Commerce
published the antidumping duty order
on aluminum sheet from South Africa in
the Federal Register.1 On April 4, 2023,
we published in the Federal Register a
notice of opportunity to request an
administrative review of the Order.2 On
June 12, 2023, pursuant to section
751(a)(1) of the Tariff Act of 1930, as
amended (the Act), Commerce initiated
an administrative review of the Order
on aluminum sheet from South Africa
covering Hulamin Operations (Pty) Ltd.
(Hulamin Operations).3 On December
14, 2023, Commerce partially extended
the deadline for the preliminary results
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) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 19916 (April 4, 2023).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
38021 (June 12, 2023).
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Sfmt 4703
until March 31, 2023; 4 and on February
7, 2024, Commerce fully extended the
deadline for the preliminary results to
April 26, 2024.5
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6 A list of 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.
Scope of the Order
The merchandise under review is
common alloy aluminum sheet. A full
description of the scope of the Order is
contained in the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. Constructed export price was
calculated in accordance with section
772 of the Act. Normal value was
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
As a result of this review, we
preliminarily determine the following
estimated weighted-average dumping
margin exists for the period April 1,
2022, through March 31, 2023:
Producer/exporter
Hulamin Operations (Pty) Ltd. ..
Weightedaverage
dumping
margin
(percent)
3.54
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated December 14, 2023.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated February 7, 2024.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on
Common Alloy Aluminum Sheet from South Africa;
2022–2023,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Notices
Disclosure and Public Comment
Commerce will disclose to parties to
this proceeding the calculations
performed in reaching the preliminary
results within five days after 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.7
Case briefs may be submitted to the
Assistant Secretary for Enforcement and
Compliance. Interested parties will be
notified of the timeline for the
submission of such case briefs and
written comments at a later date.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than five days after the date for filing
case briefs.8 Parties who submit case
briefs or rebuttal briefs in this
proceeding are requested to submit with
the argument: (1) a statement of the
issue, (2) a table of authorities.9 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.10 Further, we request that
interested parties limit their public
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the public
executive summaries as the basis of the
comment summaries included in the
issues and decision memorandum that
will accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the public
executive summary of each issue. Note
that Commerce has amended certain of
its requirements pertaining to the
service of documents in 19 CFR
351.303(f).11
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s ACCESS
ddrumheller on DSK120RN23PROD with NOTICES1
7 See
19 CFR 351.224(b).
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 Procedures).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
11 See APO and Service Procedures.
8 See
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17:50 May 15, 2024
Jkt 262001
system within 30 days of publication of
this notice.12 Requests should contain
the party’s name, address, and
telephone number, the number of
participants, and a list of the issues to
be discussed. If a request for a hearing
is made, we will inform parties of the
scheduled date for the hearing at a time
and location to be determined.13 Parties
should confirm by telephone the date,
time, and location of the hearing no
fewer than two days before the
scheduled date. Parties are reminded
that all briefs and hearing requests must
be filed electronically using ACCESS
and received successfully in their
entirety by 5:00 p.m. Eastern Time on
the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce will issue the final results of
this administrative review, including
the results of our analysis of the issues
raised by the parties in their case briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review. If Hulamin Operations’
weighted-average dumping margin is
above de minimis (i.e., 0.50 percent), we
will calculate importer-specific ad
valorem antidumping duty assessment
rates based on the ratio of the total
amount of dumping calculated for the
importer’s examined sales to the total
entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).14
If the respondent has not reported
entered values, we will calculate a perunit assessment rate for each importer
by dividing the total amount of
dumping calculated for the examined
sales made to that importer by the total
quantity associated with those sales. We
will instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review is above
de minimis (i.e., 0.50 percent). Where
either the respondent’s weightedaverage dumping margin is zero or de
12 See
19 CFR 351.310(c).
19 CFR 351.310.
14 In these preliminary results, Commerce 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).
13 See
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Fmt 4703
Sfmt 4703
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties. The final results of
this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.15
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by the respondent for
which it did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate entries not reviewed at the allothers rate of 8.85 percent 16 if there is
no rate for the intermediate
company(ies) involved in the
transaction.
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).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of aluminum sheet from
South Africa entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results, as provided by section 751(a)(2)
of the Act: (1) the cash deposit rate for
Hulamin Operations will be equal to the
dumping margins established in the
final results of this review, except if the
ultimate rate is de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rates will
be zero; (2) for merchandise exported by
producers or exporters not covered in
this administrative review but covered
in a prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the producer or
exporter participated; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original less-thanfair-value investigation but the producer
is, then the cash deposit rate will be the
15 See
16 See
E:\FR\FM\16MYN1.SGM
section 751(a)(2)(C) of the Act.
Order, 86 FR at 22142.
16MYN1
Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Notices
rate established for the most recently
completed segment of the proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 8.85 percent, the all-others rate
established in the antidumping duty
investigation.17 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
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
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, 19
CFR 351.213(h)(2), and 19 CFR
351.221(b)(4).
Dated: April 26, 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 Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024–10709 Filed 5–15–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Minority Business Development
Agency
[Docket No.: 240508–0134]
Minority Business Enterprises
Advisory Council Meeting
Minority Business
Development Agency (MBDA),
Department of Commerce.
ACTION: Notice of an open meeting.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
The Minority Business
Enterprises Advisory Council (MBEAC)
will hold its inaugural meeting to
SUMMARY:
17 Id.
VerDate Sep<11>2014
17:50 May 15, 2024
Jkt 262001
provide an orientation for new
committee members and an overview of
future work products to fulfill the
MBEAC’s charter and statutory
mandates.
The meeting will be held on
Friday, May 31, 2024, from 9:30 a.m. to
5:00 p.m. Eastern Daylight Time (EDT).
ADDRESSES: This meeting will be held at
the Herbert Clark Hoover Building of the
U.S. Department of Commerce, located
at 1401 Constitution Avenue NW,
Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT:
Joann J. Hill, primary Designated
Federal Officer (DFO), Minority
Business Development Agency, U.S.
Department of Commerce at (202) 482–
4826; email: Jhill@mbda.gov.
SUPPLEMENTARY INFORMATION:
Background: The MBEAC is a nondiscretionary advisory committee
established pursuant to 15 U.S.C. 9571–
73 and in accordance with the Federal
Advisory Committee Act, 5 U.S.C.
chapter 10. The MBEAC’s objective is to
provide the Under Secretary of
Commerce for Minority Business
Development with consensus advice
from the public and private sector on a
range of policy issues that affect socially
or economically disadvantaged
businesses, with duties including, but
not limited to: identifying barriers to
entrepreneurship and business growth;
providing insight to relevant data,
research, and policy alternatives; and
serving as a source of knowledge and
information on developments in areas of
the economic and social life of the
United States that affect socially or
economically disadvantaged businesses.
Agenda: The agenda for the May 31,
2024, MBEAC meeting is as follows:
1. Welcome and introduction of council
members
2. Discussion of MBEAC priorities
3. Establish working groups
4. Public comment period
The meeting is open to the public.
Public seating is limited and available
on a first-come, first-served basis.
Members of the public wishing to attend
the meeting must notify Nikia Young at
nyoung@mbda.gov by 5 p.m. EDT on
Friday, May 24, 2024, to preregister for
clearance into the building. Please
specify any requests for reasonable
accommodation at least five (5) business
days in advance of the meeting. Lastminute requests will be accepted but
may not be possible to fulfill. A
designated amount of time, from 4:15
p.m.–4:45 p.m., will be available for
pertinent brief oral comments from
members of the public attending the
meeting. Any member of the public may
DATES:
PO 00000
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42847
submit pertinent written comments
concerning the MBEAC’s activities at
https://www.mbda.gov/main/MBEACsubmit-comments. Any written
comments received by 5 p.m. EDT on
Wednesday, May, 22, 2024 will be
transmitted to the Council prior to the
meeting. Comments received after that
date will be distributed to the members
on a rolling basis.
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Joann J. Hill, at (202) 482–4826, or Jhill@
mbda.gov, at least five (5) days before
the meeting date. Copies of the MBEAC
meeting minutes will be available to the
public upon request.
Dated: May 9, 2024.
Eric Morrissette,
Acting Under Secretary, Minority Business
Development Agency, U.S. Department of
Commerce.
[FR Doc. 2024–10667 Filed 5–15–24; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Safety and Health
Information Collection
National Institute of Standards
and Technology (NIST), Commerce.
ACTION: Notice of information collection,
request for comment.
AGENCY:
The Department of
Commerce, in accordance with the
Paperwork Reduction Act of 1995
(PRA), invites the general public and
other Federal agencies to comment on
proposed, and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. The purpose of this
notice is to allow for 60 days of public
comment preceding submission of the
collection to OMB.
DATES: To ensure consideration,
comments regarding this proposed
information collection must be received
on or before July 15, 2024.
ADDRESSES: Interested persons are
invited to submit written comments by
mail to Maureen O’Reilly, Management
Analyst, NIST, by email to PRANIST@
nist.gov. Please reference OMB Control
Number 0693–0080 in the subject line of
your comments. Do not submit
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Notices]
[Pages 42845-42847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10709]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-791-825]
Common Alloy Aluminum Sheet From South Africa: Preliminary
Results 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 sales of common alloy aluminum sheet (aluminum sheet)
from South Africa were made at less than normal value during the period
of review (POR), April 1, 2022, through March 31, 2023. We invite
interested parties to comment on these preliminary results.
DATES: Applicable May 16, 2024.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4243.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2021, Commerce published the antidumping duty order on
aluminum sheet from South Africa in the Federal Register.\1\ On April
4, 2023, we published in the Federal Register a notice of opportunity
to request an administrative review of the Order.\2\ On June 12, 2023,
pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended
(the Act), Commerce initiated an administrative review of the Order on
aluminum sheet from South Africa covering Hulamin Operations (Pty) Ltd.
(Hulamin Operations).\3\ On December 14, 2023, Commerce partially
extended the deadline for the preliminary results until March 31, 2023;
\4\ and on February 7, 2024, Commerce fully extended the deadline for
the preliminary results to April 26, 2024.\5\
---------------------------------------------------------------------------
\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)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 19916 (April 4,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 38021 (June 12, 2023).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
14, 2023.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated February
7, 2024.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\6\
A list of 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.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Common Alloy Aluminum Sheet from South Africa; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise under review is common alloy aluminum sheet. A full
description of the scope of the Order is contained in the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. Constructed export price was calculated in
accordance with section 772 of the Act. Normal value was calculated in
accordance with section 773 of the Act. For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margin exists for the
period April 1, 2022, through March 31, 2023:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Hulamin Operations (Pty) Ltd............................... 3.54
------------------------------------------------------------------------
[[Page 42846]]
Disclosure and Public Comment
Commerce will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days after 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.\7\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Case briefs may be submitted to the Assistant Secretary for
Enforcement and Compliance. Interested parties will be notified of the
timeline for the submission of such case briefs and written comments at
a later date. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the date for filing
case briefs.\8\ Parties who submit case briefs or rebuttal briefs in
this proceeding are requested to submit with the argument: (1) a
statement of the issue, (2) a table of authorities.\9\ 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.\10\ Further, we request that interested
parties limit their public executive summary of each issue to no more
than 450 words, not including citations. We intend to use the public
executive summaries as the basis of the comment summaries included in
the issues and decision memorandum that will accompany the final
results in this administrative review. We request that interested
parties include footnotes for relevant citations in the public
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\11\
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\8\ 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 Procedures).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\11\ See APO and Service Procedures.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\12\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, we will inform
parties of the scheduled date for the hearing at a time and location to
be determined.\13\ Parties should confirm by telephone the date, time,
and location of the hearing no fewer than two days before the scheduled
date. Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS and received successfully in their
entirety by 5:00 p.m. Eastern Time on the due date.
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, not later than
120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review. If Hulamin
Operations' weighted-average dumping margin is above de minimis (i.e.,
0.50 percent), we will calculate importer-specific ad valorem
antidumping duty assessment rates based on the ratio of the total
amount of dumping calculated for the importer's examined sales to the
total entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\14\ If the respondent has not reported entered values,
we will calculate a per-unit assessment rate for each importer by
dividing the total amount of dumping calculated for the examined sales
made to that importer by the total quantity associated with those
sales. We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate calculated in the final results of this review is above
de minimis (i.e., 0.50 percent). Where either the respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.\15\
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\14\ In these preliminary results, Commerce 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).
\15\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by the
respondent for which it did not know that the merchandise was destined
for the United States, we will instruct CBP to liquidate entries not
reviewed at the all-others rate of 8.85 percent \16\ if there is no
rate for the intermediate company(ies) involved in the transaction.
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\16\ See Order, 86 FR at 22142.
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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).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of aluminum sheet from South Africa entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results, as provided by section 751(a)(2) of the Act: (1) the
cash deposit rate for Hulamin Operations will be equal to the dumping
margins established in the final results of this review, except if the
ultimate rate is de minimis within the meaning of 19 CFR 351.106(c)(1),
in which case the cash deposit rates will be zero; (2) for merchandise
exported by producers or exporters not covered in this administrative
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment of this proceeding in which the
producer or exporter participated; (3) if the exporter is not a firm
covered in this review, a prior review, or the original less-than-fair-
value investigation but the producer is, then the cash deposit rate
will be the
[[Page 42847]]
rate established for the most recently completed segment of the
proceeding for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
8.85 percent, the all-others rate established in the antidumping duty
investigation.\17\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\17\ Id.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this 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 results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2), and
19 CFR 351.221(b)(4).
Dated: April 26, 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 Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-10709 Filed 5-15-24; 8:45 am]
BILLING CODE 3510-DS-P
