Aluminum Lithographic Printing Plates From the People's Republic of China: Final Affirmative Determination of Sales at Less-Than-Fair-Value and Final Affirmative Determination of Critical Circumstances, 79256-79259 [2024-22155]
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79256
Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices
determined that revocation of the
Orders would likely lead to the
continuation or recurrence of dumping
and net countervailable subsidies and,
therefore, notified the ITC of the
magnitude of the margins of dumping
and the net countervailable subsidy
rates likely to prevail should the Orders
be revoked.4
On September 19, 2024, the ITC
published its determinations, pursuant
to sections 751(c) and 752(a) of the Act,
that revocation of the Orders would
likely lead to continuation or recurrence
of material injury to an industry in the
United States within a reasonably
foreseeable time.5
Scope of the Orders
The merchandise covered by the
Orders is pasta. For a complete
description of the scope of the Orders,
see the appendix to this notice.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to
continuation or recurrence of dumping,
net countervailable subsidies, and
material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, Commerce hereby
orders the continuation of the Orders.
U.S. Customs and Border Protection will
continue to collect AD and CVD cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise.
The effective date of the continuation
of the Orders will be September 19,
2024.6 Pursuant to section 751(c)(2) of
the Act and 19 CFR 351.218(c)(2),
Commerce intends to initiate the next
five-year reviews of the Orders not later
than 30 days prior to the fifth
anniversary of the date of the last
determination by the ITC.
lotter on DSK11XQN23PROD with NOTICES1
Administrative Protective Order (APO)
This notice also serves as a final
reminder to parties subject to an APO of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
4 See Certain Pasta from Italy and Türkiye: Final
Results of Expedited Fifth Sunset Reviews of the
Antidumping Duty Orders, 89 FR 56863, (July 11,
2024) and accompanying Issues and Decision
Memorandum (IDM); see also Certain Pasta from
Italy and the Republic of Türkiye: Final Results of
the Expedited Fifth Sunset Review of the
Countervailing Duty Order, 89 FR 56302 (July 9,
2024) and accompanying IDM.
5 See Certain Pasta from Italy and Turkey, 89 FR
76869 (September 19, 2024).
6 Id.
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Appendix
Türkiye (A–489–805, C–489–806)
The scope of these Orders consists of
certain non-egg dry pasta in packages of five
pounds four ounces or less, whether or not
enriched or fortified or containing milk or
other optional ingredients such as chopped
vegetables, vegetable purees, milk, gluten,
diastases, vitamins, coloring and flavorings,
and up to two percent egg white. The pasta
covered by this scope is typically sold in the
retail market, in fiberboard or cardboard
cartons or polyethylene or polypropylene
bags, of varying dimensions.
Excluded from the scope of these Orders
are refrigerated, frozen, or canned pastas, as
well as all forms of egg pasta, with the
exception of non-egg dry pasta containing up
to two percent egg white.
The merchandise subject to these Orders is
currently classified under subheading
1902.19.20 of the HTSUS. Although the
HTSUS subheading is provided for
convenience and customs purposes, the
written description of the merchandise
subject to the Orders is dispositive.
Scope of the Orders
[FR Doc. 2024–22179 Filed 9–26–24; 8:45 am]
Italy (A–475–818, C–475–819)
The scope of these Orders consists of
certain non-egg dry pasta in packages of five
pounds four ounces or less, whether or not
enriched or fortified or containing milk or
other optional ingredients such as chopped
vegetables, vegetable purees, milk, gluten,
diastasis, vitamins, coloring and flavorings,
and up to two percent egg white. The pasta
covered by the scope of the Orders is
typically sold in the retail market, in
fiberboard or cardboard cartons, or
polyethylene or polypropylene bags of
varying dimensions.
Excluded from the scope of these Orders
are refrigerated, frozen, or canned pastas, as
well as all forms of egg pasta, with the
exception of non-egg dry pasta containing up
to two percent egg white. Multicolored pasta,
imported in kitchen display bottles of
decorative glass that are sealed with cork or
paraffin and bound with raffia, is excluded
from the scope of the Orders. Pursuant to
Commerce’s August 14, 2009, changed
circumstances review, effective July 1, 2008,
gluten free pasta is also excluded from the
scope of the Orders. Effective January 1,
2012, ravioli and tortellini filled with cheese
and/or vegetables are also excluded from the
scope of the Orders.
Also excluded are imports of organic pasta
from Italy that are certified by an EU
authorized body in accordance with the
United States Department of Agriculture’s
National Organic Program for organic
products. The organic pasta certification
must be retained by exporters and importers
and made available to U.S. Customs and
Border Protection or the Department of
Commerce upon request.
The merchandise subject to these Orders is
currently classifiable under subheadings
1901.90.9095 and 1902.19.20 of the
Harmonized Tariff Schedule of the United
States (HTSUS). Although the HTSUS
subheadings are provided for convenience
and Customs purposes, the written
description of the merchandise subject to the
to the Orders is dispositive.
BILLING CODE 3510–DS–P
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and
this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act
and published in accordance with
section 777(i) of the Act, and 19 CFR
351.218(f)(4).
Dated: September 23, 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.
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–156]
Aluminum Lithographic Printing Plates
From the People’s Republic of China:
Final Affirmative Determination of
Sales at Less-Than-Fair-Value and
Final Affirmative Determination of
Critical Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
aluminum lithographic printing plates
(printing plates) from the People’s
Republic of China (China) are being, or
are likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation (POI) is January
1, 2023, to June 30, 2023.
DATES: Applicable September 27, 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
On May 1, 2024, Commerce published
the Preliminary Determination in this
investigation and invited interested
parties to comment.1 On June 3, 2024,
1 See Aluminum Lithographic Printing Plates
from the People’s Republic of China: Preliminary
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Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices
in response to significant ministerial
error allegations raised by Eastman
Kodak Company (the petitioner),
Commerce amended the Preliminary
Determination.2 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.3 The deadline for the final
determination is now September 20,
2024.
For a complete description of the
events that occurred since the
Preliminary Determination, see the
Issues and Decision Memorandum.4 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
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Investigation
The merchandise covered by the
scope of this investigation is printing
plates from China. For a complete
description of the scope of this
investigation, see Appendix I.
Scope Comments
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We received no comments from
interested parties on the scope of the
investigation as it appeared in the
Preliminary Determination. Therefore,
we made no changes to the scope of the
investigation.
Final Affirmative Determination of
Critical Circumstances
Commerce preliminarily determined,
in accordance with section 733(e)(1) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.206(c)(1), that
critical circumstances exist with respect
to imports of printing plates exported by
Fujifilm Printing Plate (China) Co., Ltd.
(Fujifilm) and the China-wide entity.5
For the final determination, pursuant to
section 735(a)(3)(B) of the Act and 19
CFR 351.206, we continue to find that
critical circumstances exist for Fujifilm
and the China-wide entity.6
Verification
As provided in section 782(i) of the
Act, in May and June 2024, respectively,
Commerce conducted on-site
verifications of the data reported by
Fujifilm and its U.S. affiliate, Fujifilm
North America Corporation, using
standard verification procedures.7
Analysis of Comments Received
The issues raised in the case and
rebuttal briefs by the parties in this
investigation are discussed in the Issues
and Decision Memorandum. For a list of
the issues raised by interested parties
and addressed in the Issues and
Decision Memorandum, see Appendix
II.
Changes Since the Amended
Preliminary Determination
Based on our review and analysis of
the information at verification and
comments received from interested
parties, we made certain changes to the
margin calculations for Fujifilm. For a
discussion of these changes, see the
Issues and Decision Memorandum.
Application of Total Adverse Facts
Available With Respect to the ChinaWide Entity
Consistent with the Preliminary
Determination, Commerce continues to
find, pursuant to sections 776(a)(1) and
(a)(2)(A)–(C) of the Act, that the use of
facts available is warranted in
determining the rate of the China-wide
entity.8 Furthermore, we continue to
find that an adverse inference is
warranted in selecting from the facts
otherwise available, pursuant to section
776(b) of the Act and 19 CFR 351.308(a),
because the China-wide entity failed to
cooperate by not acting to the best of its
ability to comply with Commerce’s
requests for information.9 As adverse
facts available (AFA), we continue to
apply the highest individual margin
calculated for Fujifilm (i.e., 317.44
percent) because it is a rate derived from
information submitted on the record
and achieves the goal of inducing future
cooperation by the uncooperative
respondent.10
Combination Rates
Consistent with the Initiation
Notice,11 the Preliminary
Determination, and Policy Bulletin
05.1,12 Commerce calculated a
combination rate for Fujifilm, which is
the sole respondent eligible for a
separate rate in this investigation.
Final Determination
The final estimated weighted-average
dumping margins are listed below:
Weightedaverage
dumping
margin
(percent)
Producer
Exporter
Fujifilm Printing Plate (China) Co., Ltd .........................
China-wide Entity 13 ......................................................
Fujifilm Printing Plate (China) Co., Ltd .........................
.......................................................................................
Affirmative Determination of Sales at Less Than
Fair Value, Preliminary Affirmative Determination
of Critical Circumstances, and Postponement of
Final Determination and Extension of Provisional
Measure, 89 FR 35062 (May 1, 2024) (Preliminary
Determination), and accompanying Preliminary
Determination Memorandum (PDM).
2 See Aluminum Lithographic Printing Plates
from the People’s Republic of China: Amended
Preliminary Determination of the Less-Than-FairValue Investigation, 89 FR 47516 (June 3, 2024)
(Amended Preliminary Determination), and
accompanying Memorandum, ‘‘Allegations of
Ministerial Errors in the Preliminary
Determination,’’ dated May 28, 2024.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
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4 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Aluminum
Lithographic Printing Plates from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
5 See Preliminary Determination, 89 FR at 35062–
63.
6 See Preliminary Determination PDM at 26–28.
7 See Memoranda, ‘‘Verification of the
Questionnaire Responses of Fujifilm Printing Plate
(China) Co., Ltd.,’’ dated July 9, 2024; and
‘‘Verification of the U.S. Sales Response of Fujifilm
North America Corporation,’’ dated July 15, 2024.
8 See Preliminary Determination PDM at 12.
9 Id.
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115.85
317.44
Cash deposit
rate
(adjusted
for subsidy
offset)
(percent)
115.84
317.43
10 See Amended Preliminary Determination, 89
FR at 47516–17.
11 See Aluminum Lithographic Printing Plates
from the People’s Republic of China and Japan:
Initiation of Less-Than-Fair-Value Investigations, 88
FR 73316, 73320 (October 25, 2023) (Initiation
Notice).
12 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ dated April 5, 2005 (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
13 This rate is based on AFA.
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Disclosure
Commerce intends to disclose the
calculations and analysis performed in
this final determination to interested
parties within five days of any 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).
Continuation of Suspension of
Liquidation
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In accordance with section 735(c)(4)
of the Act, because Commerce continues
to find that critical circumstances exist
for Fujifilm and the China-wide entity,
we will instruct U.S. Customs and
Border Protection (CBP) to continue to
suspend liquidation of subject
merchandise, as described in Appendix
I of this notice, entered, or withdrawn
from warehouse, for consumption, on or
after February 1, 2024, which is 90 days
prior to the date of publication of the
Preliminary Determination.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, where Commerce
makes an affirmative determination for
domestic subsidy pass-through or export
subsidies, Commerce offsets the
calculated estimated weighted-average
dumping margin by the appropriate
rates. However, suspension of
liquidation of provisional measures in
the companion CVD investigation has
been discontinued; therefore, we are not
instructing CBP to collect cash deposits
based upon the adjusted estimated
weighted-average dumping margin for
those export subsidies at this time.14
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), we will
instruct CBP to require a cash deposit
for such entries of merchandise equal to
the amount by which the normal value
exceeds the U.S. price as follows: (1) for
the producer/exporter combination
listed in the table above, the cash
deposit rate is equal to the estimated
weighted-average dumping margin
listed for that combination in the table;
14 See Aluminum Lithographic Printing Plates
from the People’s Republic of China: Preliminary
Affirmative Countervailing Duty Determination, and
Alignment of Final Determination With Final
Antidumping Duty Determination, 89 FR 15134,
(March 1, 2024); see also section 703(d) of the Act,
which states that the provisional measures may not
be in effect for more than four months, which in
the companion CVD case is 120 days after the
publication of the preliminary determination, or
June 29, 2024.
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(2) for all combinations of Chinese
producers/exporters of subject
merchandise that have not established
eligibility for their own separate rates,
the cash deposit rate will be equal to the
estimated weighted-average dumping
margin established for the China-wide
entity; and (3) for all third country
exporters of subject merchandise not
listed in the table above, the cash
deposit rate is the cash deposit rate
applicable to the Chinese producer/
exporter combination (or China-wide
entity) that supplied that third-country
exporter. These suspension of
liquidation instructions will remain in
effect until further notice.
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
our final affirmative determination of
sales at LTFV. Because the final
determination in this investigation is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured or threatened with
material injury by reason of imports of
printing plates from China no later than
45 days after our final determination. If
the ITC determines that such material
injury or threat of material injury does
not exist, this proceeding will be
terminated, all cash deposits posted will
be refunded, and suspension of
liquidation will be lifted. If the ITC
determines that such injury does exist,
Commerce will issue an antidumping
duty order directing CBP to assess, upon
further instruction by Commerce,
antidumping duties on all imports of the
subject merchandise entered or
withdrawn from warehouse for
consumption on or after the effective
date of the suspension of liquidation, as
discussed in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Timely written notification of the return
or destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
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Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
Dated: September 20, 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
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.
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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 Issues
and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Amended Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Whether To Use Fujifilm’s
Correction to U.S. Inland Freight
Expenses Submitted at Verification
Comment 2: Whether To Average Descartes
and Maersk Ocean Freight Data in
Calculating the Surrogate Value for
Ocean Freight
Comment 3: Whether To Revise the U.S.
Truck Surrogate Value Inflation Factor
Comment 4: Whether To Continue Using
United Parcel Service (UPS) and Federal
Express (FedEx) Air Freight Data
Comment 5: Whether To Adjust the
Surrogate Financial Ratios
Comment 6: Whether To Recalculate the
Processor-Related Costs (i.e., INDIRS2U)
Comment 7: Whether To Recalculate U.S.
Repacking Expenses
Comment 8: Whether To Recalculate U.S.
Adjustments Based on Entered Value
Comment 9: Whether To Use Fujifilm’s
Reported Aluminum Coil Consumption
Comment 10: Whether To Grant Fujifilm a
Double Remedies Adjustment
V. Recommendation
[FR Doc. 2024–22155 Filed 9–26–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE329]
South Atlantic Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
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AGENCY:
The South Atlantic Fishery
Management Council (Council) will
hold a meeting of the Snapper Grouper
Advisory Panel (AP) October 15–17,
2024 in Charleston, SC.
DATES: The Snapper Grouper AP will
meet on Tuesday, October 15, 2024,
SUMMARY:
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17:09 Sep 26, 2024
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from 1 p.m. until 5 p.m.; Wednesday,
October 16, 2024, from 8:30 a.m. until
5 p.m.; and Thursday, October 17, 2024,
from 8:30 a.m. until 12 p.m.
ADDRESSES:
Meeting address: Town & Country Inn
and Suites, 2008 Savannah Highway,
Charleston, SC 29407; telephone: (843)
334–6660.
FOR FURTHER INFORMATION CONTACT: Kim
Iverson, Public Information Officer,
SAFMC; phone: (843) 571–4366 or toll
free: (866) SAFMC–10; fax: (843) 769–
4520; email: kim.iverson@safmc.net.
SUPPLEMENTARY INFORMATION: Meeting
information, including the agenda,
overview, briefing book materials, and
an online public comment form will be
posted on the Council’s website at:
https://safmc.net/advisory-panelmeetings/ two weeks prior to the
meeting. The meeting is open to the
public and available via webinar as it
occurs. The webinar registration link
will be available from the Council’s
website. Public comment will also be
taken during the meeting.
The agenda for the Snapper Grouper
AP meeting includes: development of a
Fishery Performance Report (FPR) for
red snapper and an update to the
Yellowtail Snapper FPR; discussion of
Acceptable Biological Catch Control
Rule risk scoring for golden tilefish,
blueline tilefish, mutton snapper, red
snapper, and yellowtail snapper; and an
update and discussion about the
snapper grouper management strategy
evaluation.
The AP will receive a presentation of
the latest Southeast Reef Fish Survey
data; provide input on planning for
2025 stakeholder engagement meetings;
and discuss expected fishery
behavioural responses to potential
management changes being considered
for the black sea bass fishery (Snapper
Grouper Amendment 56). The AP will
also receive updates on development of
Amendment 46 addressing private
recreational permitting and education,
the Southeast For-Hire Integrated
Electronic Reporting program, and other
Council programs and initiatives. The
AP will provide input and
recommendations on agenda items for
the Council’s consideration and address
other items as needed.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
auxiliary aids should be directed to the
Council office (see ADDRESSES) 3 days
prior to the meeting.
Note: The times and sequence specified in
this agenda are subject to change.
Authority: 16 U.S.C. 1801 et seq.
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79259
Dated: September 24, 2024.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2024–22196 Filed 9–26–24; 8:45 am]
BILLING CODE 3510–22–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Proposed Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Proposed deletions from the
Procurement List.
AGENCY:
The Committee is proposing
to delete product(s) and service(s) from
the Procurement List that were
furnished by nonprofit agencies
employing persons who are blind or
have other severe disabilities.
DATES: Comments must be received on
or before: October 27, 2024.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, 355 E Street SW, Suite 325,
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT: For
further information or to submit
comments contact: Michael R.
Jurkowski, Telephone: (703) 489–1322,
or email CMTEFedReg@AbilityOne.gov.
SUPPLEMENTARY INFORMATION: This
notice is published pursuant to 41
U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its
purpose is to provide interested persons
an opportunity to submit comments on
the proposed actions.
SUMMARY:
Deletions
The following product(s) and
service(s) are proposed for deletion from
the Procurement List:
Product(s)
NSN(s)—Product Name(s):
6515–00–NIB–0571—Glove, Exam,
Powder-Free, Nitrile, Non-Latex,
Textured, Midknight, Black, Small
6515–00–NIB–0572—Glove, Exam,
Powder-Free, Nitrile, Non-Latex,
Textured, Midknight, Black, Medium
6515–00–NIB–0573—Glove, Exam,
Powder-Free, Nitrile, Non-Latex,
Textured, Midknight, Black, Large
6515–00–NIB–0574—Glove, Exam,
Powder-Free, Nitrile, Non-Latex,
Textured, Midknight, Black, X-Large
Authorized Source of Supply: Central
Association for the Blind and Visually
Impaired, Utica, NY
Contracting Activity: DEPT OF JUST/
FEDERAL BUREAU OF
INVESTIGATION, WASHINGTON, DC
NSN(s)—Product Name(s):
E:\FR\FM\27SEN1.SGM
27SEN1
]]>Agencies
[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79256-79259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22155]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-156]
Aluminum Lithographic Printing Plates From the People's Republic
of China: Final Affirmative Determination of Sales at Less-Than-Fair-
Value and Final Affirmative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
aluminum lithographic printing plates (printing plates) from the
People's Republic of China (China) are being, or are likely to be, sold
in the United States at less than fair value (LTFV). The period of
investigation (POI) is January 1, 2023, to June 30, 2023.
DATES: Applicable September 27, 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 the Preliminary Determination in
this investigation and invited interested parties to comment.\1\ On
June 3, 2024,
[[Page 79257]]
in response to significant ministerial error allegations raised by
Eastman Kodak Company (the petitioner), Commerce amended the
Preliminary Determination.\2\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\3\ The
deadline for the final determination is now September 20, 2024.
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\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 Measure, 89 FR 35062 (May 1, 2024)
(Preliminary Determination), and accompanying Preliminary
Determination Memorandum (PDM).
\2\ See Aluminum Lithographic Printing Plates from the People's
Republic of China: Amended Preliminary Determination of the Less-
Than-Fair-Value Investigation, 89 FR 47516 (June 3, 2024) (Amended
Preliminary Determination), and accompanying Memorandum,
``Allegations of Ministerial Errors in the Preliminary
Determination,'' dated May 28, 2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that occurred since the
Preliminary Determination, see the Issues and Decision Memorandum.\4\
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 at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\4\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Aluminum Lithographic Printing Plates from the People's Republic
of China,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Scope of the Investigation
The merchandise covered by the scope of this investigation is
printing plates from China. For a complete description of the scope of
this investigation, see Appendix I.
Scope Comments
We received no comments from interested parties on the scope of the
investigation as it appeared in the Preliminary Determination.
Therefore, we made no changes to the scope of the investigation.
Final Affirmative Determination of Critical Circumstances
Commerce preliminarily determined, in accordance with section
733(e)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.206(c)(1), that critical circumstances exist with respect to
imports of printing plates exported by Fujifilm Printing Plate (China)
Co., Ltd. (Fujifilm) and the China-wide entity.\5\ For the final
determination, pursuant to section 735(a)(3)(B) of the Act and 19 CFR
351.206, we continue to find that critical circumstances exist for
Fujifilm and the China-wide entity.\6\
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\5\ See Preliminary Determination, 89 FR at 35062-63.
\6\ See Preliminary Determination PDM at 26-28.
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Verification
As provided in section 782(i) of the Act, in May and June 2024,
respectively, Commerce conducted on-site verifications of the data
reported by Fujifilm and its U.S. affiliate, Fujifilm North America
Corporation, using standard verification procedures.\7\
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\7\ See Memoranda, ``Verification of the Questionnaire Responses
of Fujifilm Printing Plate (China) Co., Ltd.,'' dated July 9, 2024;
and ``Verification of the U.S. Sales Response of Fujifilm North
America Corporation,'' dated July 15, 2024.
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Analysis of Comments Received
The issues raised in the case and rebuttal briefs by the parties in
this investigation are discussed in the Issues and Decision Memorandum.
For a list of the issues raised by interested parties and addressed in
the Issues and Decision Memorandum, see Appendix II.
Changes Since the Amended Preliminary Determination
Based on our review and analysis of the information at verification
and comments received from interested parties, we made certain changes
to the margin calculations for Fujifilm. For a discussion of these
changes, see the Issues and Decision Memorandum.
Application of Total Adverse Facts Available With Respect to the China-
Wide Entity
Consistent with the Preliminary Determination, Commerce continues
to find, pursuant to sections 776(a)(1) and (a)(2)(A)-(C) of the Act,
that the use of facts available is warranted in determining the rate of
the China-wide entity.\8\ Furthermore, we continue to find that an
adverse inference is warranted in selecting from the facts otherwise
available, pursuant to section 776(b) of the Act and 19 CFR 351.308(a),
because the China-wide entity failed to cooperate by not acting to the
best of its ability to comply with Commerce's requests for
information.\9\ As adverse facts available (AFA), we continue to apply
the highest individual margin calculated for Fujifilm (i.e., 317.44
percent) because it is a rate derived from information submitted on the
record and achieves the goal of inducing future cooperation by the
uncooperative respondent.\10\
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\8\ See Preliminary Determination PDM at 12.
\9\ Id.
\10\ See Amended Preliminary Determination, 89 FR at 47516-17.
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Combination Rates
Consistent with the Initiation Notice,\11\ the Preliminary
Determination, and Policy Bulletin 05.1,\12\ Commerce calculated a
combination rate for Fujifilm, which is the sole respondent eligible
for a separate rate in this investigation.
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\11\ See Aluminum Lithographic Printing Plates from the People's
Republic of China and Japan: Initiation of Less-Than-Fair-Value
Investigations, 88 FR 73316, 73320 (October 25, 2023) (Initiation
Notice).
\12\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available
on Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination
The final estimated weighted-average dumping margins are listed
below:
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\13\ This rate is based on AFA.
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Cash deposit
Weighted- rate (adjusted
Producer Exporter average for subsidy
dumping margin offset)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Fujifilm Printing Plate (China) Co., Ltd...... Fujifilm Printing Plate (China) 115.85 115.84
Co., Ltd.
China-wide Entity \13\........................ ................................ 317.44 317.43
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[[Page 79258]]
Disclosure
Commerce intends to disclose the calculations and analysis
performed in this final determination to interested parties within five
days of any 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).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(4) of the Act, because Commerce
continues to find that critical circumstances exist for Fujifilm and
the China-wide entity, we will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend liquidation of subject
merchandise, as described in Appendix I of this notice, entered, or
withdrawn from warehouse, for consumption, on or after February 1,
2024, which is 90 days prior to the date of publication of the
Preliminary Determination.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce makes an affirmative
determination for domestic subsidy pass-through or export subsidies,
Commerce offsets the calculated estimated weighted-average dumping
margin by the appropriate rates. However, suspension of liquidation of
provisional measures in the companion CVD investigation has been
discontinued; therefore, we are not instructing CBP to collect cash
deposits based upon the adjusted estimated weighted-average dumping
margin for those export subsidies at this time.\14\
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\14\ See Aluminum Lithographic Printing Plates from the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination, and Alignment of Final Determination With Final
Antidumping Duty Determination, 89 FR 15134, (March 1, 2024); see
also section 703(d) of the Act, which states that the provisional
measures may not be in effect for more than four months, which in
the companion CVD case is 120 days after the publication of the
preliminary determination, or June 29, 2024.
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Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the amount by which the normal value
exceeds the U.S. price as follows: (1) for the producer/exporter
combination listed in the table above, the cash deposit rate is equal
to the estimated weighted-average dumping margin listed for that
combination in the table; (2) for all combinations of Chinese
producers/exporters of subject merchandise that have not established
eligibility for their own separate rates, the cash deposit rate will be
equal to the estimated weighted-average dumping margin established for
the China-wide entity; and (3) for all third country exporters of
subject merchandise not listed in the table above, the cash deposit
rate is the cash deposit rate applicable to the Chinese producer/
exporter combination (or China-wide entity) that supplied that third-
country exporter. These suspension of liquidation instructions will
remain in effect until further notice.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of our final affirmative
determination of sales at LTFV. Because the final determination in this
investigation is affirmative, in accordance with section 735(b)(2) of
the Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured or
threatened with material injury by reason of imports of printing plates
from China no later than 45 days after our final determination. If the
ITC determines that such material injury or threat of material injury
does not exist, this proceeding will be terminated, all cash deposits
posted will be refunded, and suspension of liquidation will be lifted.
If the ITC determines that such injury does exist, Commerce will issue
an antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered or withdrawn from warehouse for consumption
on or after the effective date of the suspension of liquidation, as
discussed in the ``Continuation of Suspension of Liquidation'' section.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: September 20, 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 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.
[[Page 79259]]
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Amended Preliminary Determination
IV. Discussion of the Issues
Comment 1: Whether To Use Fujifilm's Correction to U.S. Inland
Freight Expenses Submitted at Verification
Comment 2: Whether To Average Descartes and Maersk Ocean Freight
Data in Calculating the Surrogate Value for Ocean Freight
Comment 3: Whether To Revise the U.S. Truck Surrogate Value
Inflation Factor
Comment 4: Whether To Continue Using United Parcel Service (UPS)
and Federal Express (FedEx) Air Freight Data
Comment 5: Whether To Adjust the Surrogate Financial Ratios
Comment 6: Whether To Recalculate the Processor-Related Costs
(i.e., INDIRS2U)
Comment 7: Whether To Recalculate U.S. Repacking Expenses
Comment 8: Whether To Recalculate U.S. Adjustments Based on
Entered Value
Comment 9: Whether To Use Fujifilm's Reported Aluminum Coil
Consumption
Comment 10: Whether To Grant Fujifilm a Double Remedies
Adjustment
V. Recommendation
[FR Doc. 2024-22155 Filed 9-26-24; 8:45 am]
BILLING CODE 3510-DS-P
