Aluminum Lithographic Printing Plates From Japan: Final Affirmative Determination of Sales at Less-Than-Fair-Value, 79250-79252 [2024-22157]
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79250
Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices
Notification to Interested Parties
This determination is issued and
published in accordance with sections
705(d) and 777(i) 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
lotter on DSK11XQN23PROD with NOTICES1
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.
17:09 Sep 26, 2024
Appendix II
List of Topics Discussed in the Issues
and Decision Memorandum
Scope of the Investigation
VerDate Sep<11>2014
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.
Jkt 262001
I. Summary
II. Background
III. Period of Investigation
IV. Final Critical Circumstances
Determination
V. Subsidies Valuation Information
VI. Interest Rates and Benchmarks
VII. Use of Facts Available and Adverse
Inferences
VIII. Analysis of Programs
IX. Discussion of the Issues
Comment 1: Whether Commerce Made a
Ministerial Error in the Calculation of
the Rate Applicable to FFPS for the
Provision of Electricity for Less Than
Adequate Remuneration (LTAR)
Comment 2: Whether Commerce Should
Attribute Export Subsidies Received by
the JRT Companies to FFPS
Comment 3: Whether Commerce Should
Make a Negative Finding of Critical
Circumstances for FFPS
Comment 4: Whether Commerce’s Decision
To Countervail the Provision of
Aluminum Sheet and Aluminum Foil for
LTAR Is in Accordance With Law
Comment 5: Whether Commerce’s
Application of Adverse Facts Available
to the Export Buyer’s Credit Program Is
in Accordance With Law
Comment 6: Whether Commerce’s
Countervailing of the Provision of
Electricity for LTAR Is in Accordance
With Law
Comment 7: Whether Commerce’s
Determinations Regarding Other
Subsidies Exceed the Lawful Scope of
This Investigation
X. Recommendation
[FR Doc. 2024–22156 Filed 9–26–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–881]
Aluminum Lithographic Printing Plates
From Japan: Final Affirmative
Determination of Sales at Less-ThanFair-Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
AGENCY:
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aluminum lithographic printing plates
(printing plates) from Japan are being, or
are likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation (POI) is July 1,
2022, through June 30, 2023.
DATES: Applicable September 27, 2024.
FOR FURTHER INFORMATION CONTACT:
Caroline Carroll, AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4948.
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2024, Commerce published
in the Federal Register the Preliminary
Determination in this investigation and
invited interested parties to comment.1
On July 22, 2024, Commerce tolled
certain deadlines in this investigation
by seven days.2 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.3 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 Japan. 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,
1 See Aluminum Lithographic Printing Plates
from Japan: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
Measures, 89 FR 35065 (May 1, 2024) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Aluminum
Lithographic Printing Plates from Japan,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
E:\FR\FM\27SEN1.SGM
27SEN1
Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices
we made no changes to the scope of the
investigation.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
in May 2024, Commerce conducted onsite verifications of the data reported by
Fujifilm and its U.S. affiliate, Fujifilm
North America Corporation, using
standard verification procedures.4
Analysis of Comments Received
The issues raised in the case and
rebuttal briefs by the parties in this
investigation are addressed 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 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.
Use of Adverse Facts Available
As discussed in the Preliminary
Determination, Commerce assigned to
one of the mandatory respondents in
this investigation, Miraclon Corporation
Ltd. (Miraclon), an estimated weightedaverage dumping margin on the basis of
adverse facts available (AFA), pursuant
to sections 776(a) and (b) of the Act,
because it failed to cooperate by not
acting to the best of its ability to comply
with Commerce’s requests for
information.5 As discussed in the Issues
and Decision Memorandum, we find no
basis to change our decision in the
Preliminary Determination to apply
AFA to Miraclon. As AFA, we continue
to apply the highest transactions
specific margin calculated for Fujifilm
(i.e., 160.11 percent) because it is a rate
derived from information submitted on
the record and 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.6
lotter on DSK11XQN23PROD with NOTICES1
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weighted4 See Memoranda, ‘‘Verification of the Sales
Response of Fujifilm Corporation,’’ dated July 17,
2024; ‘‘Verification of the U.S. Sales Response of
Fujifilm North America Corporation,’’ dated July
18, 2024; and ‘‘Verification of the Cost Response of
Fujifilm Corporation,’’ dated August 7, 2024.
5 See Preliminary Determination, 89 FR at 35065.
6 See Preliminary Determination PDM at 6.
VerDate Sep<11>2014
17:09 Sep 26, 2024
Jkt 262001
average dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for individually investigated
exporters and producers, excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act.
In this investigation, Commerce
assigned a rate based entirely on facts
available to Miraclon. Therefore, the
only rate that is not zero, de minimis,
or based entirely on facts otherwise
available is the rate calculated for
Fujifilm. Consequently, the rate
calculated for Fujifilm is also assigned
as the rate for all other producers and/
or exporters.
79251
the table above will be equal to the
company-specific estimated weightedaverage dumping margin determined in
this final determination; (2) if the
exporter is not the respondent listed in
the table above, but the producer is,
then the cash deposit rate will be equal
to the company-specific estimated
weighted-average dumping margin
listed for the producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin listed in the table above. These
suspension of liquidation instructions
will remain in effect until further notice.
U.S. International Trade Commission
Notification
Final Determination
The final estimated weighted-average
dumping margins are listed below:
In accordance with section 735(d) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its final affirmative determination of
Weightedsales at LTFV. Because the final
average
determination in this investigation is
Exporter/producer
dumping
affirmative, in accordance with section
margin
(percent)
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
Fujifilm Corporation; Fujifilm
Shizuoka Co., Ltd .............
91.83 domestic industry in the United States
Miraclon Corporation Ltd ......
* 160.11 is materially injured or threatened with
All Others ..............................
91.83 material injury by reason of imports of
printing plates from Japan no later than
* Rate is based on AFA.
45 days after our final determination. If
Disclosure
the ITC determines that such injury
does not exist, this proceeding will be
Commerce intends to disclose the
terminated, all cash deposits posted will
calculations performed in connection
be refunded, and suspension of
with this final determination to
liquidation will be lifted. If the ITC
interested parties within five days of
determines that such injury does exist,
any public announcement or, if there is
Commerce will issue an antidumping
no public announcement, within five
duty order directing CBP to assess, upon
days of the date of publication of this
final determination in the Federal
further instruction by Commerce,
Register, in accordance with 19 CFR
antidumping duties on all imports of the
351.224(b).
subject merchandise entered or
withdrawn from warehouse for
Continuation of Suspension of
consumption on or after the effective
Liquidation
date of the suspension of liquidation, as
In accordance with section
discussed in the ‘‘Continuation of
735(c)(1)(B) of the Act, Commerce will
Suspension of Liquidation’’ section.
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend Administrative Protective Order
liquidation of all entries of aluminum
This notice also serves as a reminder
lithographic printing plates, as
to parties subject to an administrative
described in Appendix I of this notice,
protective order (APO) of their
which were entered or withdrawn from
responsibility concerning the return or
warehouse for consumption on or after
destruction of proprietary information
May 1, 2024, the date of publication of
disclosed under APO in accordance
the Preliminary Determination of this
with 19 CFR 351.305(a)(3). Timely
investigation in the Federal Register.
written notification of the return or
Pursuant to section 735(c)(1)(B)(ii) of
destruction of APO materials, or
the Act and 19 CFR 351.210(d), upon
conversion to judicial protective order,
the publication of this notice, we will
is hereby requested. Failure to comply
instruct CBP to require a cash deposit
with the regulations and terms of an
for estimated antidumping duties for
APO is a violation which is subject to
such entries as follows: (1) the cash
deposit rate for the respondents listed in sanction.
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E:\FR\FM\27SEN1.SGM
27SEN1
79252
Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Notices
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.
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 I
Appendix II
Scope of the Investigation
List of Topics Discussed in the Issues and
Decision Memorandum
Notification to Interested Parties
lotter on DSK11XQN23PROD with NOTICES1
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).
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.
VerDate Sep<11>2014
17:09 Sep 26, 2024
Jkt 262001
I. Summary
II. Background
III. Changes Since the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Whether Miraclon Corporation
Ltd. (Miraclon) Made Sales of Subject
Merchandise During the POI
Comment 2: Whether Commerce Should
Offset Fujifilm’s Reported U.S. Freight
Expenses by its Reported Freight
Revenue
Comment 3: Whether the Price Used to
Calculate Fujifilm’s U.S. Credit Expenses
should Exclude Price Adjustments
Comment 4: Whether the Price Used to
Calculate Fujifilm’s U.S. Indirect Selling
Expenses (INDIRS1U, INDIRS2U,
INDIRS3U) Should Exclude Price
Adjustments
Comment 5: Whether Fujifilm’s Revenues
from the Sale of Aluminum Scrap
Should Offset Repacking and Resizing
Costs
Comment 6: Whether Commerce Should
Grant Fujifilm a Constructed Export
Price (CEP) Offset
Comment 7: Whether Commerce Should
Apply Adverse Facts Available (AFA) for
Fujifilm’s Failure to Submit Downstream
Home Market Sales for One Home
Market Affiliate
Comment 8: Whether Fujifilm’s Allocation
of Warehouse and Other U.S.
Transportation Expenses is Distortive
Comment 9: Whether to Include Fujifilm’s
Home Market Quantity Discount
Program Discovered at Verification
Comment 10: Whether Commerce Should
Include the Net Hedging Expenses
Recorded in Fujifilm’s Audited Financial
Statements as Part of Fujifilm’s Interest
Expenses
Comment 11: Whether Commerce Should
Revise the General and Administrative
(G&A) Expense Ratio to Incorporate
Missing Expenses
V. Recommendation
[FR Doc. 2024–22157 Filed 9–26–24; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–831]
Prestressed Concrete Steel Wire
Strand From Mexico: Final Affirmative
Determination of Circumvention of the
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of certain high carbon steel
(HCS) wire that are produced in Mexico
and assembled or completed into
prestressed concrete steel wire strand
(PC strand) in the United States are
circumventing the antidumping duty
(AD) order on PC strand from Mexico.
DATES: Applicable September 27, 2024.
FOR FURTHER INFORMATION CONTACT:
Jonathan Schueler, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–9175.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 28, 2004, Commerce
published in the Federal Register the
AD order on PC strand from Mexico.1
On July 31, 2023, pursuant to section
781(a) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.226(d)(1), Commerce initiated a
country-wide circumvention inquiry to
determine whether imports of HCS wire
from Mexico that is assembled or
completed into PC strand in the United
States is circumventing the Order and,
accordingly, should be covered by the
scope of the Order.2 On April 2, 2024,
Commerce published the Preliminary
Determination that imports of HCS wire
that is produced in Mexico and
assembled or completed into PC strand
in the United States is circumventing
the Order on a country-wide basis,
1 See Notice of Antidumping Duty Order:
Prestressed Concrete Steel Wire Strand from
Mexico, 69 FR 4112 (January 28, 2004) (Order).
2 See Prestressed Concrete Steel Wire Strand from
Mexico: Initiation of Circumvention Inquiry on the
Antidumping Duty Order, 88 FR 49438 (July 31,
2023) (Initiation Notice). We note that in the
Initiation Notice, we stated that we are initiating
this circumvention inquiry pursuant to 19 CFR
351.226(d)(1)(ii). However, this section was
amended after the Initiation Notice was published,
therefore we reference the latest version of the
regulation. See Administrative Protective Order,
Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069,
67078 (September 29, 2023).
E:\FR\FM\27SEN1.SGM
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Agencies
[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79250-79252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22157]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-881]
Aluminum Lithographic Printing Plates From Japan: Final
Affirmative Determination of Sales at Less-Than-Fair-Value
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 Japan are
being, or are likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation (POI) is July 1, 2022,
through June 30, 2023.
DATES: Applicable September 27, 2024.
FOR FURTHER INFORMATION CONTACT: Caroline Carroll, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4948.
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2024, Commerce published in the Federal Register the
Preliminary Determination in this investigation and invited interested
parties to comment.\1\ On July 22, 2024, Commerce tolled certain
deadlines in this investigation by seven days.\2\ 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.\3\ 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.
---------------------------------------------------------------------------
\1\ See Aluminum Lithographic Printing Plates from Japan:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures, 89 FR 35065 (May 1, 2024) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Aluminum Lithographic Printing Plates from Japan,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by the scope of this investigation is
printing plates from Japan. 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,
[[Page 79251]]
we made no changes to the scope of the investigation.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in May 2024, Commerce conducted on-site verifications of the
data reported by Fujifilm and its U.S. affiliate, Fujifilm North
America Corporation, using standard verification procedures.\4\
---------------------------------------------------------------------------
\4\ See Memoranda, ``Verification of the Sales Response of
Fujifilm Corporation,'' dated July 17, 2024; ``Verification of the
U.S. Sales Response of Fujifilm North America Corporation,'' dated
July 18, 2024; and ``Verification of the Cost Response of Fujifilm
Corporation,'' dated August 7, 2024.
---------------------------------------------------------------------------
Analysis of Comments Received
The issues raised in the case and rebuttal briefs by the parties in
this investigation are addressed 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 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.
Use of Adverse Facts Available
As discussed in the Preliminary Determination, Commerce assigned to
one of the mandatory respondents in this investigation, Miraclon
Corporation Ltd. (Miraclon), an estimated weighted-average dumping
margin on the basis of adverse facts available (AFA), pursuant to
sections 776(a) and (b) of the Act, because it failed to cooperate by
not acting to the best of its ability to comply with Commerce's
requests for information.\5\ As discussed in the Issues and Decision
Memorandum, we find no basis to change our decision in the Preliminary
Determination to apply AFA to Miraclon. As AFA, we continue to apply
the highest transactions specific margin calculated for Fujifilm (i.e.,
160.11 percent) because it is a rate derived from information submitted
on the record and 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.\6\
---------------------------------------------------------------------------
\5\ See Preliminary Determination, 89 FR at 35065.
\6\ See Preliminary Determination PDM at 6.
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
In this investigation, Commerce assigned a rate based entirely on
facts available to Miraclon. Therefore, the only rate that is not zero,
de minimis, or based entirely on facts otherwise available is the rate
calculated for Fujifilm. Consequently, the rate calculated for Fujifilm
is also assigned as the rate for all other producers and/or exporters.
Final Determination
The final estimated weighted-average dumping margins are listed
below:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Fujifilm Corporation; Fujifilm Shizuoka Co., Ltd........ 91.83
Miraclon Corporation Ltd................................ * 160.11
All Others.............................................. 91.83
------------------------------------------------------------------------
* Rate is based on AFA.
Disclosure
Commerce intends to disclose the calculations performed in
connection with 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 final
determination in the Federal Register, in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of aluminum lithographic printing
plates, as described in Appendix I of this notice, which were entered
or withdrawn from warehouse for consumption on or after May 1, 2024,
the date of publication of the Preliminary Determination of this
investigation in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, we will instruct CBP
to require a cash deposit for estimated antidumping duties for such
entries as follows: (1) the cash deposit rate for the respondents
listed in the table above will be equal to the company-specific
estimated weighted-average dumping margin determined in this final
determination; (2) if the exporter is not the respondent listed in the
table above, but the producer is, then the cash deposit rate will be
equal to the company-specific estimated weighted-average dumping margin
listed for the producer of the subject merchandise; and (3) the cash
deposit rate for all other producers and exporters will be equal to the
all-others estimated weighted-average dumping margin listed in the
table above. 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, Commerce will notify
the U.S. International Trade Commission (ITC) of its 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 Japan no later than 45 days after our final determination. If the
ITC determines that such 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 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.
[[Page 79252]]
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.
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 Preliminary Determination
IV. Discussion of the Issues
Comment 1: Whether Miraclon Corporation Ltd. (Miraclon) Made
Sales of Subject Merchandise During the POI
Comment 2: Whether Commerce Should Offset Fujifilm's Reported
U.S. Freight Expenses by its Reported Freight Revenue
Comment 3: Whether the Price Used to Calculate Fujifilm's U.S.
Credit Expenses should Exclude Price Adjustments
Comment 4: Whether the Price Used to Calculate Fujifilm's U.S.
Indirect Selling Expenses (INDIRS1U, INDIRS2U, INDIRS3U) Should
Exclude Price Adjustments
Comment 5: Whether Fujifilm's Revenues from the Sale of Aluminum
Scrap Should Offset Repacking and Resizing Costs
Comment 6: Whether Commerce Should Grant Fujifilm a Constructed
Export Price (CEP) Offset
Comment 7: Whether Commerce Should Apply Adverse Facts Available
(AFA) for Fujifilm's Failure to Submit Downstream Home Market Sales
for One Home Market Affiliate
Comment 8: Whether Fujifilm's Allocation of Warehouse and Other
U.S. Transportation Expenses is Distortive
Comment 9: Whether to Include Fujifilm's Home Market Quantity
Discount Program Discovered at Verification
Comment 10: Whether Commerce Should Include the Net Hedging
Expenses Recorded in Fujifilm's Audited Financial Statements as Part
of Fujifilm's Interest Expenses
Comment 11: Whether Commerce Should Revise the General and
Administrative (G&A) Expense Ratio to Incorporate Missing Expenses
V. Recommendation
[FR Doc. 2024-22157 Filed 9-26-24; 8:45 am]
BILLING CODE 3510-DS-P