Aluminum Lithographic Printing Plates From the People's Republic of China: Amended Preliminary Determination of the Less-Than-Fair-Value Investigation, 47516-47517 [2024-12117]

Download as PDF 47516 Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Notices A. Discussion and Vote on 2024 USCCR Business Meeting Calendar B. Presentations by State Advisory Committee Chairs on Released Reports and Memorandums C. Discussion and Vote on State Advisory Committee Appointments D. Discussion and Vote 2024 Topic for USCCR Statutory Enforcement Report E. Management and Operations • Staff Director’s Report III. Adjourn Meeting Dated: May 30, 2024. Angelia Rorison, USCCR Media and Communications Director. [FR Doc. 2024–12215 Filed 5–30–24; 4:15 pm] BILLING CODE 6335–01–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–156] Aluminum Lithographic Printing Plates From the People’s Republic of China: Amended Preliminary Determination of the Less-Than-Fair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) is amending its preliminarily affirmative determination in the less-than-fair value (LTFV) investigation of aluminum lithographic printing plates (printing plates) from People’s Republic of China (China) to correct significant ministerial errors. The period of investigation (POI) is January 1, 2023, through June 30, 2023. DATES: Applicable June 3, 2024. FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, 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) 482–7425. SUPPLEMENTARY INFORMATION: AGENCY: Background lotter on DSK11XQN23PROD with NOTICES1 On May 1, 2024, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of printing plates from China.1 On May 6, 2024, Eastman Kodak 1 See Aluminum Lithographic Printing Plates from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, and Postponement of Final Determination and Extension of Provisional Measures, 89 FR 35062 (May 1, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). VerDate Sep<11>2014 18:00 May 31, 2024 Jkt 262001 Company (the petitioner) timely alleged that Commerce made significant ministerial errors in calculating FUJIFILM Printing Plate (China) Co., Limited’s (Fujifilm) preliminary estimated weighted-average dumping margin.2 Scope of the Investigation The products covered by this investigation are printing plates from China. For a complete description of the scope of this investigation, see the Preliminary Determination.3 Legal Framework Pursuant to 19 CFR 351.224(e), Commerce will correct any significant ministerial error by amending the preliminary determination. A ministerial error is defined as including errors ‘‘in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which {Commerce} considers ministerial.’’ 4 A ministerial error is considered to be ‘‘significant’’ if its correction, either singly or in combination with other errors, would result in: (1) a change of at least five absolute percentage points in, but not less than 25 percent of, the weightedaverage dumping margin calculated in the preliminary determination; or (2) a difference between a weighted-average dumping margin of zero (or de minimis) and a weighted-average dumping margin of greater than de minimis or vice versa.5 Analysis of Significant Ministerial Errors The petitioner alleged that: (1) Commerce’s conversion of surrogate value (SV) information, from a perkilogram to a per-pound basis for direct material and packing inputs, results in a mismatch in the units of measure between the SV information and Fujifilm’s reported data; (2) Commerce erroneously converted the natural gas and steam surrogate values from kilograms to pounds, not to cubic meters and metric tons; and (3) Commerce did not include certain packing input variables in the calculation of the PACKING variable, which is used in the calculation of 2 See Petitioner’s Letter, ‘‘Petitioner’s Comments on Significant Ministerial Errors in Preliminary Margin Calculations,’’ dated May 6, 2024 (Petitioner Ministerial Errors Allegation). 3 See Preliminary Determination, 89 FR at 35064. 4 See section 735(e) of the Tariff Act of 1930, as amended (the Act); see also 19 CFR 351.224(f). 5 See 19 CFR 351.224(g). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 normal value.6 In the Preliminary Determination, when calculating SVs for Fujifilm, we inadvertently converted the SVs to pounds, resulting in a mismatch to Fujifilm’s factors of production, which were reported on a kilogram basis.7 In addition, we inadvertently excluded certain packing inputs from the calculation of normal value.8 Commerce finds that the allegations by the petitioner constitute significant ministerial errors within the meaning of 19 CFR 351.224(f) and (g)(1), because correcting for these errors increases Fujifilm’s preliminary weighted-average dumping margin from 38.57 to 164.31 percent, which is a change that is at least five absolute percentage points in, but not less than 25 percent of, the weighted-average dumping margin calculated for Fujifilm in the Preliminary Determination. Furthermore, in the Preliminary Determination, Commerce preliminarily determined that it was appropriate to use the facts available in determining the rate of the China-wide entity, pursuant to sections 776(a)(1) and (2)(A)–(C) of the Act,9 including the use of an adverse inference, pursuant to section 776(b) of the Act.10 In selecting a rate to apply to the China-wide entity, Commerce selects a rate that is sufficiently adverse to ensure that the uncooperative party does not obtain a more favorable result by failing to cooperate than if it had fully cooperated.11 In an investigation, it is Commerce’s practice with respect to the assignment of an adverse facts available (AFA) rate to select the higher of the: (a) highest margin alleged in the petition; or (b) the highest calculated rate of any respondent in the investigation.12 As a 6 See Petitioner Ministerial Errors Allegation. Memorandum, ‘‘Surrogate Values for the Preliminary Determination,’’ dated April 25, 2024, at Attachment I. 8 See Memorandum, ‘‘Preliminary Determination Analysis Memorandum for FUJIFILM Printing Plate (China) Co., Limited,’’ dated April 25, 2024, at Attachment III. 9 See Preliminary Determination PDM at 12. 10 Id. at 13. 11 See Preliminary Determination PDM at 14 (citing Tapered Roller Bearing and Parts Thereof, Finished and Unfinished, from Japan, and Tapered Roller Bearings, Four Inches or Less in Outside Diameter, and Components Thereof from Japan; Preliminary Results of Antidumping Duty Administrative Reviews and Partial Termination of Administrative Reviews, 61 FR 57391, 57392 (November 6, 1996), unchanged in Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from Japan, and Tapered Roller Bearings, Four Inches or Less in Outside Diameter, and Components Thereof, from Japan; Final Results of Antidumping Duty Administrative Revies and Termination in Part, 62 FR 11825 (March 13, 1997)). 12 Id. (citing Certain Uncoated Paper from Indonesia: Final Determination of Sales at Less Than Fair Value, 81 FR 3101 (January 20, 2016), 7 See E:\FR\FM\03JNN1.SGM 03JNN1 47517 Federal Register / Vol. 89, No. 107 / Monday, June 3, 2024 / Notices result of correcting the ministerial errors discussed above, because the rate calculated for Fujifilm is now higher than the dumping margin alleged in the Petition (i.e., 107.62 percent), we find it most appropriate to apply the highest individual margin calculated for Amended Preliminary Determination As a result of correcting these significant ministerial errors, Commerce determines the following weightedaverage dumping margins exist: Estimated weighted-average dumping margin (percent) Cash deposit rate (adjusted for subsidy offset) (percent) Fujifilm Printing Plate (China) Co., Ltd .................. 164.31 164.30 China-wide Entity ......................................................................................................................................... 477.60 477.59 Producer Exporter Fujifilm Printing Plate (China) Co., Ltd ................... Disclosure We intend to disclose the calculations performed for this amended preliminary determination to parties within five days after 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). Dated: May 28, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–12117 Filed 5–31–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Amended Cash Deposits and Suspension of Liquidation International Trade Administration The collection of cash deposits and suspension of liquidation will be revised according to the rates established in this amended preliminary determination, in accordance with section 773(d) of the Act. Because this amended preliminary determination results in increased cash deposit rates, these rates will be effective on the date of publication of this notice in the Federal Register. These suspension of liquidation instructions will remain in effect until further notice. [A–428–850] Thermal Paper From the Federal Republic of Germany: Final Results of Antidumping Duty Administrative Review; 2021–2022 This amended preliminary determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.224(e). Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that Koehler Paper SE and Koehler Kehl GmbH (collectively, Koehler), the sole producer/exporter subject from the Federal Republic of Germany (Germany) subject to this administrative review, made sales of subject merchandise at less than normal value during the period of review (POR), May 12, 2021, through October 31, 2022. DATES: Applicable June 3, 2024. FOR FURTHER INFORMATION CONTACT: Ashley Cossaart, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 and accompanying Issues and Decision Memorandum at 7). 13 See Memorandum, ‘‘Amended Preliminary Determination Analysis Memorandum for FUJIFILM Printing Plate (China) Co., Limited,’’ dated concurrently with this notice at Attachment III. 14 See Memorandum, ‘‘Less-Than-Fair-Value Investigation of Aluminum Lithographic Printing Plates from the People’s Republic of China: Allegations of Ministerial Errors in the Preliminary Determination,’’ dated concurrently with, and hereby adopted by, this notice (Ministerial Error Memorandum). 1 See Thermal Paper from the Republic of Germany: Preliminary Results of Antidumping Duty Administrative Review; 2021–2022, 88 FR 83397 (November 29, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Extension of Deadline for Final Results of 2021–2022 Antidumping Duty Administrative Review,’’ dated March 13, 2024. 3 See Petitioners’ Letter, ‘‘Petitioners’ Case Brief,’’ dated April 26, 2024. Notification of U.S. International Trade Commission (ITC) In accordance with section 733(f) of the Act, we intend to notify the ITC of our amended preliminary determination. Notification to Interested Parties lotter on DSK11XQN23PROD with NOTICES1 Fujifilm (i.e., 477.60 percent) as the basis for the AFA rate assigned to the China-wide entity.13 For a detailed discussion of the alleged ministerial errors, as well as Commerce’s analysis, see the Ministerial Error Memorandum.14 VerDate Sep<11>2014 18:00 May 31, 2024 Jkt 262001 AGENCY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0462. SUPPLEMENTARY INFORMATION: Background On November 29, 2023, Commerce published the Preliminary Results and invited interested parties to comment.1 On March 13, 2024, we extended the deadline of the final results to May 24, 2024.2 On April 26, 2024, Domtar Corporation and Appvion, LLC (collectively, the petitioners) submitted a timely-filed case brief.3 On May 1, 2024, Koehler and Matra Americas LLC (Matra) submitted a timely-filed joint rebuttal brief.4 For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.5 Scope of the Order 6 The merchandise subject to the Order is thermal paper from Germany. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in the case and rebuttal briefs are listed in the appendix to this notice and addressed in the Issues and Decision Memorandum. The Issues and 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 4 See Koehler and Matra’s Letter, ‘‘Joint Rebuttal Brief of Koehler Paper SE and Matra Americas, LLC and Matra Atlantic GmbH,’’ dated May 1, 2024. 5 See Memorandum, ‘‘Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Thermal Paper from the Republic of Germany; 2021–2022,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 6 See Thermal Paper from Germany, Japan, the Republic of Korea, and Spain: Antidumping Duty Orders, 86 FR 66284 (November 22, 2021) (Order). E:\FR\FM\03JNN1.SGM 03JNN1

Agencies

[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Notices]
[Pages 47516-47517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12117]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-156]


Aluminum Lithographic Printing Plates From the People's Republic 
of China: Amended Preliminary Determination of the Less-Than-Fair-Value 
Investigation

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

SUMMARY: The U.S. Department of Commerce (Commerce) is amending its 
preliminarily affirmative determination in the less-than-fair value 
(LTFV) investigation of aluminum lithographic printing plates (printing 
plates) from People's Republic of China (China) to correct significant 
ministerial errors. The period of investigation (POI) is January 1, 
2023, through June 30, 2023.

DATES: Applicable June 3, 2024.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, 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) 482-7425.

SUPPLEMENTARY INFORMATION: 

Background

    On May 1, 2024, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of 
printing plates from China.\1\ On May 6, 2024, Eastman Kodak Company 
(the petitioner) timely alleged that Commerce made significant 
ministerial errors in calculating FUJIFILM Printing Plate (China) Co., 
Limited's (Fujifilm) preliminary estimated weighted-average dumping 
margin.\2\
---------------------------------------------------------------------------

    \1\ See Aluminum Lithographic Printing Plates from the People's 
Republic of China: Preliminary Affirmative Determination of Sales at 
Less Than Fair Value, Preliminary Affirmative Determination of 
Critical Circumstances, and Postponement of Final Determination and 
Extension of Provisional Measures, 89 FR 35062 (May 1, 2024) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Petitioner's Letter, ``Petitioner's Comments on 
Significant Ministerial Errors in Preliminary Margin Calculations,'' 
dated May 6, 2024 (Petitioner Ministerial Errors Allegation).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are printing plates from 
China. For a complete description of the scope of this investigation, 
see the Preliminary Determination.\3\
---------------------------------------------------------------------------

    \3\ See Preliminary Determination, 89 FR at 35064.
---------------------------------------------------------------------------

Legal Framework

    Pursuant to 19 CFR 351.224(e), Commerce will correct any 
significant ministerial error by amending the preliminary 
determination. A ministerial error is defined as including errors ``in 
addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which {Commerce{time}  
considers ministerial.'' \4\ A ministerial error is considered to be 
``significant'' if its correction, either singly or in combination with 
other errors, would result in: (1) a change of at least five absolute 
percentage points in, but not less than 25 percent of, the weighted-
average dumping margin calculated in the preliminary determination; or 
(2) a difference between a weighted-average dumping margin of zero (or 
de minimis) and a weighted-average dumping margin of greater than de 
minimis or vice versa.\5\
---------------------------------------------------------------------------

    \4\ See section 735(e) of the Tariff Act of 1930, as amended 
(the Act); see also 19 CFR 351.224(f).
    \5\ See 19 CFR 351.224(g).
---------------------------------------------------------------------------

Analysis of Significant Ministerial Errors

    The petitioner alleged that: (1) Commerce's conversion of surrogate 
value (SV) information, from a per-kilogram to a per-pound basis for 
direct material and packing inputs, results in a mismatch in the units 
of measure between the SV information and Fujifilm's reported data; (2) 
Commerce erroneously converted the natural gas and steam surrogate 
values from kilograms to pounds, not to cubic meters and metric tons; 
and (3) Commerce did not include certain packing input variables in the 
calculation of the PACKING variable, which is used in the calculation 
of normal value.\6\ In the Preliminary Determination, when calculating 
SVs for Fujifilm, we inadvertently converted the SVs to pounds, 
resulting in a mismatch to Fujifilm's factors of production, which were 
reported on a kilogram basis.\7\ In addition, we inadvertently excluded 
certain packing inputs from the calculation of normal value.\8\
---------------------------------------------------------------------------

    \6\ See Petitioner Ministerial Errors Allegation.
    \7\ See Memorandum, ``Surrogate Values for the Preliminary 
Determination,'' dated April 25, 2024, at Attachment I.
    \8\ See Memorandum, ``Preliminary Determination Analysis 
Memorandum for FUJIFILM Printing Plate (China) Co., Limited,'' dated 
April 25, 2024, at Attachment III.
---------------------------------------------------------------------------

    Commerce finds that the allegations by the petitioner constitute 
significant ministerial errors within the meaning of 19 CFR 351.224(f) 
and (g)(1), because correcting for these errors increases Fujifilm's 
preliminary weighted-average dumping margin from 38.57 to 164.31 
percent, which is a change that is at least five absolute percentage 
points in, but not less than 25 percent of, the weighted-average 
dumping margin calculated for Fujifilm in the Preliminary 
Determination.
    Furthermore, in the Preliminary Determination, Commerce 
preliminarily determined that it was appropriate to use the facts 
available in determining the rate of the China-wide entity, pursuant to 
sections 776(a)(1) and (2)(A)-(C) of the Act,\9\ including the use of 
an adverse inference, pursuant to section 776(b) of the Act.\10\ In 
selecting a rate to apply to the China-wide entity, Commerce selects a 
rate that is sufficiently adverse to ensure that the uncooperative 
party does not obtain a more favorable result by failing to cooperate 
than if it had fully cooperated.\11\ In an investigation, it is 
Commerce's practice with respect to the assignment of an adverse facts 
available (AFA) rate to select the higher of the: (a) highest margin 
alleged in the petition; or (b) the highest calculated rate of any 
respondent in the investigation.\12\ As a

[[Page 47517]]

result of correcting the ministerial errors discussed above, because 
the rate calculated for Fujifilm is now higher than the dumping margin 
alleged in the Petition (i.e., 107.62 percent), we find it most 
appropriate to apply the highest individual margin calculated for 
Fujifilm (i.e., 477.60 percent) as the basis for the AFA rate assigned 
to the China-wide entity.\13\ For a detailed discussion of the alleged 
ministerial errors, as well as Commerce's analysis, see the Ministerial 
Error Memorandum.\14\
---------------------------------------------------------------------------

    \9\ See Preliminary Determination PDM at 12.
    \10\ Id. at 13.
    \11\ See Preliminary Determination PDM at 14 (citing Tapered 
Roller Bearing and Parts Thereof, Finished and Unfinished, from 
Japan, and Tapered Roller Bearings, Four Inches or Less in Outside 
Diameter, and Components Thereof from Japan; Preliminary Results of 
Antidumping Duty Administrative Reviews and Partial Termination of 
Administrative Reviews, 61 FR 57391, 57392 (November 6, 1996), 
unchanged in Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, from Japan, and Tapered Roller Bearings, Four Inches or 
Less in Outside Diameter, and Components Thereof, from Japan; Final 
Results of Antidumping Duty Administrative Revies and Termination in 
Part, 62 FR 11825 (March 13, 1997)).
    \12\ Id. (citing Certain Uncoated Paper from Indonesia: Final 
Determination of Sales at Less Than Fair Value, 81 FR 3101 (January 
20, 2016), and accompanying Issues and Decision Memorandum at 7).
    \13\ See Memorandum, ``Amended Preliminary Determination 
Analysis Memorandum for FUJIFILM Printing Plate (China) Co., 
Limited,'' dated concurrently with this notice at Attachment III.
    \14\ See Memorandum, ``Less-Than-Fair-Value Investigation of 
Aluminum Lithographic Printing Plates from the People's Republic of 
China: Allegations of Ministerial Errors in the Preliminary 
Determination,'' dated concurrently with, and hereby adopted by, 
this notice (Ministerial Error Memorandum).
---------------------------------------------------------------------------

Amended Preliminary Determination

    As a result of correcting these significant ministerial errors, 
Commerce determines the following weighted-average dumping margins 
exist:

----------------------------------------------------------------------------------------------------------------
                                                                                Estimated      Cash deposit rate
                                                                             weighted-average    (adjusted for
                  Producer                              Exporter              dumping margin    subsidy offset)
                                                                                (percent)          (percent)
----------------------------------------------------------------------------------------------------------------
Fujifilm Printing Plate (China) Co., Ltd...  Fujifilm Printing Plate                   164.31             164.30
                                              (China) Co., Ltd.
China-wide Entity.........................................................             477.60             477.59
----------------------------------------------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed for this amended 
preliminary determination to parties within five days after 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).

Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates established in this amended 
preliminary determination, in accordance with section 773(d) of the 
Act. Because this amended preliminary determination results in 
increased cash deposit rates, these rates will be effective on the date 
of publication of this notice in the Federal Register. These suspension 
of liquidation instructions will remain in effect until further notice.

Notification of U.S. International Trade Commission (ITC)

    In accordance with section 733(f) of the Act, we intend to notify 
the ITC of our amended preliminary determination.

Notification to Interested Parties

    This amended preliminary determination is issued and published in 
accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 
351.224(e).

    Dated: May 28, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-12117 Filed 5-31-24; 8:45 am]
BILLING CODE 3510-DS-P
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