Aluminum Lithographic Printing Plates From Japan and the People's Republic of China: Antidumping Order; Aluminum Lithographic Printing Plates From the People's Republic of China: Countervailing Duty Order, 92624-92627 [2024-27426]
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92624
Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices
Timely written notification of the
return/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 sanctionable violation.
Notification to Interested Parties
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: November 15, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Discussion of the Issues
Comment 1: Whether AM Stone and
Artelye Provided Sufficient Information
To Establish That Their Imported Quartz
Slabs Were Produced in Malaysia
Comment 2: Whether Commerce Applied
Adverse Facts Available (AFA) to
Cooperative Respondents
V. Recommendation
[FR Doc. 2024–27362 Filed 11–21–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Aluminum Lithographic Printing Plates
From Japan and the People’s Republic
of China: Antidumping Order;
Aluminum Lithographic Printing Plates
From the People’s Republic of China:
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing the antidumping
duty (AD) orders on aluminum
lithographic printing plates (printing
plates) from the People’s Republic of
China (China) and Japan and a
countervailing duty (CVD) order on
printing plates from China.
DATES: Applicable November 22, 2024.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros (AD China), Caroline
Carroll (AD Japan), and Ajay Menon
(CVD China), AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
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SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d)
and 735(d) of the Tariff Act of 1930, as
amended (the Act), on September 27,
2024, Commerce published its
affirmative final determinations of sales
at less than fair value (LTFV) for
printing plates from China and Japan,1
and its affirmative final determination
that countervailable subsidies are being
provided to producers and exporters of
printing plates from China.2
On November 12, 2024, pursuant to
sections 705(d) and 735(d) of the Act,
the ITC notified Commerce of its final
affirmative determinations that an
industry in the United States is
materially injured by reason of dumped
imports of printing plates from China
and Japan, and subsidized imports of
printing plates from China, within the
meaning of sections 705(b)(1)(A)(i) and
735(b)(1)(A)(i) of the Act.3 On
November 18, 2024, the ITC published
its final determinations in the Federal
Register.4 Further, the ITC determined
that critical circumstances do not exist
with respect to LTFV imports and
subsidized imports of printing plates
from China.5
Scope of the Orders
[A–570–156, C–570–157, A–588–881]
AGENCY:
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–7435;
(202) 482–4948, and (202) 482–0208,
respectively.
The products covered by these orders
are printing plates from China and
Japan. For a complete description of the
scope of the orders, see the appendix to
this notice.
AD Orders
On November 12, 2024, in accordance
with section 735(d) of the Act, the ITC
notified Commerce of its final
1 See Aluminum Lithographic Printing Plates
from the People’s Republic of China: Final
Affirmative Determination of Sales at Less-ThanFair-Value and Final Affirmative Determination of
Critical Circumstances, 89 FR 79256 (September 27,
2024) (China Final LTFV Determination); and
Aluminum Lithographic Printing Plates from Japan:
Final Affirmative Determination of Sales at LessThan-Fair-Value, 89 FR 79250 (September 27,
2024).
2 See Aluminum Lithographic Printing Plates
from the People’s Republic of China: Final
Affirmative Countervailing Duty Determination and
Final Affirmative Determination of Critical
Circumstances, 89 FR 79248 (September 27, 2024).
3 See ITC’s Letter, ‘‘Notification of ITC Final
Determination,’’ dated November 12, 2024 (ITC
Notification Letter).
4 See Aluminum Lithographic Printing Plates
from China and Japan: Determinations 89 FR 90737
(November 18, 2024).
5 Id.
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determinations that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
imports of printing plates from China
and Japan that are sold in the United
States at LTFV.6 Therefore, in
accordance with sections 735(c)(2) and
736 of the Act, Commerce is issuing
these AD orders. Because the ITC
determined that imports of printing
plates from China and Japan are
materially injuring a U.S. industry,
unliquidated entries of such
merchandise from China and Japan,
entered or withdrawn from warehouse
for consumption, are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise on all
relevant entries of printing plates from
China and Japan. Antidumping duties
will be assessed on unliquidated entries
of printing plates entered, or withdrawn
from warehouse, for consumption on or
after May 1, 2024, the date of
publication of the LTFV Preliminary
Determinations,7 but will not include
entries occurring after the expiration of
the provisional measures period and
before publication of the ITC’s final
injury determination, as further
described below.
Critical Circumstances—AD China
With respect to the ITC’s negative
critical circumstances determination on
imports of printing plates from China,
we will instruct CBP to lift suspension
and to refund any cash deposits made
to secure the payment of estimated
antidumping duties with respect to
entries of the subject merchandise from
China entered, or withdrawn from
warehouse, for consumption on or after
February 1, 2024 (i.e., 90 days prior to
the date of the publication of the China
LTFV Preliminary Determination), but
before May 1, 2024 (i.e., the date of
6 See
ITC Notification Letter.
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) (China LTFV
Preliminary Determination); and 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) (collectively,
LTFV Preliminary Determinations).
7 See
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publication of the China LTFV
Preliminary Determination).
Continuation of Suspension of
Liquidation and Cash Deposits—AD
Except as noted in the ‘‘Provisional
Measures—AD’’ section of this notice,
Commerce intends to instruct CBP to
continue to suspend liquidation on all
relevant entries of printing plates from
China and Japan, in accordance with
section 736 of the Act. These
instructions suspending liquidations
will remain in effect until further notice.
Commerce also intends to instruct
CBP to require cash deposits equal to
the estimated weighted-average
dumping margins indicated in the tables
below, adjusted by the relevant export
subsidy offsets. Accordingly, effective
on the date of publication in the Federal
Register of the notice of the ITC’s final
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affirmative injury determination, CBP
must require, at the same time as
importers would normally deposit
estimated customs duties on subject
merchandise, a cash deposit equal to the
rates listed in the tables below.
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average
dumping margins are as follows:
CHINA
Weightedaverage
dumping margin
(percent)
Exporter
Producer
Fujifilm Printing Plate (China) Co., Ltd .....................
China-wide Entity ......................................................
Fujifilm Printing Plate (China) Co., Ltd .....................
...................................................................................
115.85
317.44
Cash deposit
rate
(adjusted for
subsidy offsets)
(percent) 8
115.84
317.43
JAPAN
Weightedaverage
dumping margin
(percent)
Exporter/producer
Fujifilm Corporation; Fujifilm Shizuoka Co., Ltd ..............................................................................................................................
Miraclon Corporation Ltd .................................................................................................................................................................
All Others .........................................................................................................................................................................................
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Provisional Measures—AD
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request that Commerce extend the fourmonth period to no more than six
months. At the request of exporters that
accounted for a significant proportion of
exports of printing plates from China
and Japan, Commerce extended the
four-month period to no more than six
months.9 In the underlying
investigations, Commerce published the
LTFV Preliminary Determinations on
May 1, 2024. Therefore, the six-month
period beginning on the date of the
publication of the LTFV Preliminary
Determinations ended on October 27,
2024. Pursuant to section 737(b) of the
Act, the collection of cash deposits at
the rates listed above will begin on the
date of publication of the ITC’s final
injury determination. Therefore, in
accordance with section 736(a)(1) of the
Act and our practice, Commerce will
instruct CBP to terminate the
8 See China Final LTFV Determination, 89 FR
79257.
9 See LTFV Preliminary Determinations.
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suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of printing plates from China
and Japan entered, or withdrawn from
warehouse, for consumption on or after
October 28, 2024, the first day
provisional measures were no longer in
effect, until and through the day
preceding the date of publication of the
ITC’s final injury determination in the
Federal Register. Suspension of
liquidation and the collection of cash
deposits will resume on the date of
publication of the ITC’s final
determination in the Federal Register.
CVD Order
As stated above, based on the abovereferenced affirmative final
determination by the ITC that an
industry in the United States is
materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act by
reason of subsidized imports of printing
plates from China,10 in accordance with
section 705(c)(2) of the Act, Commerce
is issuing this CVD order. Moreover,
because the ITC determined that
imports of printing plates from China
are materially injuring a U.S. industry,
10 See
ITC Notification Letter.
Aluminum Lithographic Printing Plates
from the People’s Republic of China: Preliminary
Affirmative Countervailing Duty Determination, and
11 See
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160.11
91.83
unliquidated entries of subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption, are subject to the
assessment of countervailing duties.
Therefore, in accordance with section
706(a) of the Act, Commerce intends to
direct CBP to assess, upon further
instructions by Commerce,
countervailing duties on all relevant
entries of printing plates from China,
which are entered, or withdrawn from
warehouse, for consumption on or after
March 1, 2024, the date of publication
of the China CVD Preliminary
Determination, but will not include
entries occurring after the expiration of
the provisional measures period and
before the publication of the ITC’s final
injury determination under section
705(b) of the Act, as further described in
the ‘‘Provisional Measures—CVD’’
section of this notice.11
Critical Circumstances—CVD
With respect to the ITC’s negative
critical circumstances determination on
imports of printing plates from China,
we will instruct CBP to lift suspension
and to refund any cash deposits made
to secure the payment of estimated
Alignment of Final Determination with Final
Antidumping Duty Determination, 89 FR 15134
(March 1, 2024) (China CVD Preliminary
Determination).
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Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices
countervailing duties with respect to
entries of the subject merchandise from
China entered, or withdrawn from
warehouse, for consumption on or after
December 2, 2023 (i.e., 90 days prior to
the date of the publication of the China
CVD Preliminary Determination), but
before March 1, 2024 (i.e., the date of
publication of the China CVD
Preliminary Determination).
Suspension of Liquidation and Cash
Deposits—CVD
In accordance with section 706 of the
Act, Commerce intends to instruct CBP
to reinstitute the suspension of
liquidation of printing plates from
China, effective on the date of
publication of the ITC’s final affirmative
injury determination in the Federal
Register, and to assess, upon further
instruction by Commerce, pursuant to
section 706(a)(1) of the Act,
countervailing duties on each entry of
subject merchandise in an amount based
on the net countervailable subsidy rates
below. On or after the date of
publication of the ITC’s final injury
determination in the Federal Register,
CBP must require, at the same time as
importers would normally deposit
estimated customs duties on this
merchandise, a cash deposit equal to the
rates listed in the table below. These
instructions suspending liquidation will
remain in effect until further notice. The
all-others rate applies to all producers or
exporters not specifically listed below,
as appropriate.
Estimated Countervailing Duty Subsidy
Rates
The estimated countervailing duty
subsidy rates are as follows:
Subsidy rate
(percent
ad valorem)
Company
Fujifilm Printing Plate (China) Co., Ltd.12 ........................................................................................................................................
Shanghai National Ink Co. Ltd ........................................................................................................................................................
All Others .........................................................................................................................................................................................
Provisional Measures—CVD
Section 703(d) of the Act states that
the suspension of liquidation pursuant
to an affirmative preliminary
determination may not remain in effect
for more than four months. Commerce
published the China CVD Preliminary
Determination on March 1, 2024.13 As
such, the four-month period beginning
on the date of the publication of the
China CVD Preliminary Determination
ended on June 28, 2024.
Therefore, in accordance with section
703(d) of the Act, we instructed CBP to
terminate the suspension of liquidation
and to liquidate, without regard to
countervailing duties, unliquidated
entries of printing plates from China or
withdrawn from warehouse, for
consumption, on or after June 29, 2024,
the date on which the provisional
measures expired, until and through the
day preceding the date of publication of
the ITC’s final injury determination in
the Federal Register. Suspension of
liquidation and the collection of cash
deposits will resume on the date of
publication of the ITC’s final
determination in the Federal Register.
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Establishment of the Annual Inquiry
Service Lists
On September 20, 2021, Commerce
published the Final Rule in the Federal
Register.14 On September 27, 2021,
Commerce also published the
12 Commerce has found the following company to
be cross-owned with Fujifilm Printing Plate (China)
Co., Ltd.: Fujifilm (China) Investment Co., Ltd.
13 See China CVD Preliminary Determination.
14 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
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Procedural Guidance in the Federal
Register.15 The Final Rule and
Procedural Guidance provide that
Commerce will maintain an annual
inquiry service list for each order or
suspended investigation, and any
interested party submitting a scope
ruling application or request for
circumvention inquiry shall serve a
copy of the application or request on the
persons on the annual inquiry service
list for that order, as well as any
companion order covering the same
merchandise from the same country of
origin.
In accordance with the Procedural
Guidance, for orders published in the
Federal Register after November 4,
2021, Commerce will create an annual
inquiry service list segment in
Commerce’s online e-filing and
document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS),
available at https://access.trade.gov,
within five business days of publication
of the notice of the order. Each annual
inquiry service list will be saved in
ACCESS, under each case number, and
under a specific segment type called
‘‘AISL-Annual Inquiry Service List.’’ 16
15 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
16 This segment will be combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
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35.66
229.54
35.66
Interested parties who wish to be
added to the annual inquiry service list
for an order must submit an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS within 30 days after the date of
publication of the order. For ease of
administration, Commerce requests that
law firms with more than one attorney
representing interested parties in an
order designate a lead attorney to be
included on the annual inquiry service
list. Commerce will finalize the annual
inquiry service list within five business
days thereafter. As mentioned in the
Procedural Guidance,17 the new annual
inquiry service list will be in place until
the following year, when the
Opportunity Notice for the anniversary
month of the order is published.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
Special Instructions for Petitioner and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
17 See Procedural Guidance, 86 FR 53206.
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in the years that follow.’’ 18
Accordingly, as stated above, the
petitioner and the Governments of
China and Japan should submit their
initial entries of appearance after
publication of this notice in order to
appear in the first annual inquiry
service lists for these orders. Pursuant to
19 CFR 351.225(n)(3), the petitioner and
the Governments of China and Japan
will not need to resubmit their entries
of appearance each year to continue to
be included on the annual inquiry
service list. However, the petitioner and
the Governments of China and Japan are
responsible for making amendments to
their entries of appearance during the
annual update to the annual inquiry
service list in accordance with the
procedures described above.
Notification to Interested Parties
This notice constitutes the AD orders
with respect to printing plates from
China and Japan and the CVD order
with respect to printing plates from
China, pursuant to sections 706(a) and
736(a) of the Act. Interested parties can
find a list of AD and CVD orders
currently in effect at https://
www.trade.gov/datavisualization/
adcvd-proceedings.
These orders are issued and published
in accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: November 18, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–27426 Filed 11–21–24; 8:45 am]
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Appendix
BILLING CODE 3510–DS–P
Scope of the Orders
The merchandise covered by these orders
are aluminum lithographic printing plates.
Aluminum lithographic printing plates
consist of a flat substrate containing at least
90 percent aluminum. The aluminumcontaining 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 aluminumcontaining 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
18 See
Final Rule, 86 FR 52335.
VerDate Sep<11>2014
image onto the printed media. Aluminum
lithographic printing plates within the scope
of these orders 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 these orders
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 Schedule of the United States (HTSUS)
subheadings 3701.30.0000 and 3701.99.6060.
Further, merchandise that falls within the
scope of these orders 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 these orders is dispositive.
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE193]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Gary Paxton
Industrial Park Vessel Haulout Project
in Sitka, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA) to City
and Borough of Sitka (CBS) to
SUMMARY:
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92627
incidentally harass marine mammals
during construction activities associated
with Gary Paxton Industrial Park Vessel
Haulout Project in Sawmill Cove in
Sitka, Alaska.
DATES: This authorization is effective
one year from the date of issuance.
ADDRESSES: Electronic copies of the
application and supporting documents,
as well as a list of the references cited
in this document, may be obtained
online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing
these documents, please call the contact
listed below.
FOR FURTHER INFORMATION CONTACT: Kate
Fleming, Office of Protected Resources
(OPR), NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
proposed or, if the taking is limited to
harassment, a notice of a proposed IHA
is provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of the species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of the takings are set forth.
The definitions of all applicable MMPA
statutory terms cited above are included
in the relevant sections below.
Summary of Request
On January 18, 2024, NMFS received
a request from CBS for an IHA to take
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]]>Agencies
[Federal Register Volume 89, Number 226 (Friday, November 22, 2024)]
[Notices]
[Pages 92624-92627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27426]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-156, C-570-157, A-588-881]
Aluminum Lithographic Printing Plates From Japan and the People's
Republic of China: Antidumping Order; Aluminum Lithographic Printing
Plates From the People's Republic of China: Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the U.S.
Department of Commerce (Commerce) and the U.S. International Trade
Commission (ITC), Commerce is issuing the antidumping duty (AD) orders
on aluminum lithographic printing plates (printing plates) from the
People's Republic of China (China) and Japan and a countervailing duty
(CVD) order on printing plates from China.
DATES: Applicable November 22, 2024.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros (AD China),
Caroline Carroll (AD Japan), and Ajay Menon (CVD China), 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) 482-7435; (202) 482-4948,
and (202) 482-0208, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on September 27, 2024, Commerce published
its affirmative final determinations of sales at less than fair value
(LTFV) for printing plates from China and Japan,\1\ and its affirmative
final determination that countervailable subsidies are being provided
to producers and exporters of printing plates from China.\2\
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\1\ See 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, 89 FR 79256 (September 27, 2024) (China Final LTFV
Determination); and Aluminum Lithographic Printing Plates from
Japan: Final Affirmative Determination of Sales at Less-Than-Fair-
Value, 89 FR 79250 (September 27, 2024).
\2\ See Aluminum Lithographic Printing Plates from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination and Final Affirmative Determination of Critical
Circumstances, 89 FR 79248 (September 27, 2024).
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On November 12, 2024, pursuant to sections 705(d) and 735(d) of the
Act, the ITC notified Commerce of its final affirmative determinations
that an industry in the United States is materially injured by reason
of dumped imports of printing plates from China and Japan, and
subsidized imports of printing plates from China, within the meaning of
sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.\3\ On November
18, 2024, the ITC published its final determinations in the Federal
Register.\4\ Further, the ITC determined that critical circumstances do
not exist with respect to LTFV imports and subsidized imports of
printing plates from China.\5\
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\3\ See ITC's Letter, ``Notification of ITC Final
Determination,'' dated November 12, 2024 (ITC Notification Letter).
\4\ See Aluminum Lithographic Printing Plates from China and
Japan: Determinations 89 FR 90737 (November 18, 2024).
\5\ Id.
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Scope of the Orders
The products covered by these orders are printing plates from China
and Japan. For a complete description of the scope of the orders, see
the appendix to this notice.
AD Orders
On November 12, 2024, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determinations that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act by reason of imports of printing
plates from China and Japan that are sold in the United States at
LTFV.\6\ Therefore, in accordance with sections 735(c)(2) and 736 of
the Act, Commerce is issuing these AD orders. Because the ITC
determined that imports of printing plates from China and Japan are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from China and Japan, entered or withdrawn from warehouse
for consumption, are subject to the assessment of antidumping duties.
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\6\ See ITC Notification Letter.
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise on all
relevant entries of printing plates from China and Japan. Antidumping
duties will be assessed on unliquidated entries of printing plates
entered, or withdrawn from warehouse, for consumption on or after May
1, 2024, the date of publication of the LTFV Preliminary
Determinations,\7\ but will not include entries occurring after the
expiration of the provisional measures period and before publication of
the ITC's final injury determination, as further described below.
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\7\ 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) (China
LTFV Preliminary Determination); and 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)
(collectively, LTFV Preliminary Determinations).
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Critical Circumstances--AD China
With respect to the ITC's negative critical circumstances
determination on imports of printing plates from China, we will
instruct CBP to lift suspension and to refund any cash deposits made to
secure the payment of estimated antidumping duties with respect to
entries of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after February 1, 2024 (i.e., 90
days prior to the date of the publication of the China LTFV Preliminary
Determination), but before May 1, 2024 (i.e., the date of
[[Page 92625]]
publication of the China LTFV Preliminary Determination).
Continuation of Suspension of Liquidation and Cash Deposits--AD
Except as noted in the ``Provisional Measures--AD'' section of this
notice, Commerce intends to instruct CBP to continue to suspend
liquidation on all relevant entries of printing plates from China and
Japan, in accordance with section 736 of the Act. These instructions
suspending liquidations will remain in effect until further notice.
Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the tables below, adjusted by the relevant export subsidy offsets.
Accordingly, effective on the date of publication in the Federal
Register of the notice of the ITC's final affirmative injury
determination, CBP must require, at the same time as importers would
normally deposit estimated customs duties on subject merchandise, a
cash deposit equal to the rates listed in the tables below.
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
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\8\ See China Final LTFV Determination, 89 FR 79257.
China
----------------------------------------------------------------------------------------------------------------
Cash deposit
Weighted- rate (adjusted
Exporter Producer average dumping for subsidy
margin (percent) offsets)
(percent) \8\
----------------------------------------------------------------------------------------------------------------
Fujifilm Printing Plate (China) Co., Ltd.... Fujifilm Printing Plate 115.85 115.84
(China) Co., Ltd.
China-wide Entity........................... .............................. 317.44 317.43
----------------------------------------------------------------------------------------------------------------
Japan
------------------------------------------------------------------------
Weighted-
Exporter/producer average dumping
margin (percent)
------------------------------------------------------------------------
Fujifilm Corporation; Fujifilm Shizuoka Co., Ltd...... 91.83
Miraclon Corporation Ltd.............................. 160.11
All Others............................................ 91.83
------------------------------------------------------------------------
Provisional Measures--AD
Section 733(d) of the Act states that suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
that Commerce extend the four-month period to no more than six months.
At the request of exporters that accounted for a significant proportion
of exports of printing plates from China and Japan, Commerce extended
the four-month period to no more than six months.\9\ In the underlying
investigations, Commerce published the LTFV Preliminary Determinations
on May 1, 2024. Therefore, the six-month period beginning on the date
of the publication of the LTFV Preliminary Determinations ended on
October 27, 2024. Pursuant to section 737(b) of the Act, the collection
of cash deposits at the rates listed above will begin on the date of
publication of the ITC's final injury determination. Therefore, in
accordance with section 736(a)(1) of the Act and our practice, Commerce
will instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of printing plates from China and Japan entered, or withdrawn from
warehouse, for consumption on or after October 28, 2024, the first day
provisional measures were no longer in effect, until and through the
day preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation and
the collection of cash deposits will resume on the date of publication
of the ITC's final determination in the Federal Register.
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\9\ See LTFV Preliminary Determinations.
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CVD Order
As stated above, based on the above-referenced affirmative final
determination by the ITC that an industry in the United States is
materially injured within the meaning of section 705(b)(1)(A)(i) of the
Act by reason of subsidized imports of printing plates from China,\10\
in accordance with section 705(c)(2) of the Act, Commerce is issuing
this CVD order. Moreover, because the ITC determined that imports of
printing plates from China are materially injuring a U.S. industry,
unliquidated entries of subject merchandise from China entered, or
withdrawn from warehouse, for consumption, are subject to the
assessment of countervailing duties.
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\10\ See ITC Notification Letter.
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Therefore, in accordance with section 706(a) of the Act, Commerce
intends to direct CBP to assess, upon further instructions by Commerce,
countervailing duties on all relevant entries of printing plates from
China, which are entered, or withdrawn from warehouse, for consumption
on or after March 1, 2024, the date of publication of the China CVD
Preliminary Determination, but will not include entries occurring after
the expiration of the provisional measures period and before the
publication of the ITC's final injury determination under section
705(b) of the Act, as further described in the ``Provisional Measures--
CVD'' section of this notice.\11\
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\11\ 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) (China
CVD Preliminary Determination).
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Critical Circumstances--CVD
With respect to the ITC's negative critical circumstances
determination on imports of printing plates from China, we will
instruct CBP to lift suspension and to refund any cash deposits made to
secure the payment of estimated
[[Page 92626]]
countervailing duties with respect to entries of the subject
merchandise from China entered, or withdrawn from warehouse, for
consumption on or after December 2, 2023 (i.e., 90 days prior to the
date of the publication of the China CVD Preliminary Determination),
but before March 1, 2024 (i.e., the date of publication of the China
CVD Preliminary Determination).
Suspension of Liquidation and Cash Deposits--CVD
In accordance with section 706 of the Act, Commerce intends to
instruct CBP to reinstitute the suspension of liquidation of printing
plates from China, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, and to
assess, upon further instruction by Commerce, pursuant to section
706(a)(1) of the Act, countervailing duties on each entry of subject
merchandise in an amount based on the net countervailable subsidy rates
below. On or after the date of publication of the ITC's final injury
determination in the Federal Register, CBP must require, at the same
time as importers would normally deposit estimated customs duties on
this merchandise, a cash deposit equal to the rates listed in the table
below. These instructions suspending liquidation will remain in effect
until further notice. The all-others rate applies to all producers or
exporters not specifically listed below, as appropriate.
Estimated Countervailing Duty Subsidy Rates
The estimated countervailing duty subsidy rates are as follows:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Fujifilm Printing Plate (China) Co., Ltd.\12\......... 35.66
Shanghai National Ink Co. Ltd......................... 229.54
All Others............................................ 35.66
------------------------------------------------------------------------
Provisional Measures--CVD
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\12\ Commerce has found the following company to be cross-owned
with Fujifilm Printing Plate (China) Co., Ltd.: Fujifilm (China)
Investment Co., Ltd.
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Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the China CVD
Preliminary Determination on March 1, 2024.\13\ As such, the four-month
period beginning on the date of the publication of the China CVD
Preliminary Determination ended on June 28, 2024.
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\13\ See China CVD Preliminary Determination.
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Therefore, in accordance with section 703(d) of the Act, we
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of printing plates from China or withdrawn from warehouse, for
consumption, on or after June 29, 2024, the date on which the
provisional measures expired, until and through the day preceding the
date of publication of the ITC's final injury determination in the
Federal Register. Suspension of liquidation and the collection of cash
deposits will resume on the date of publication of the ITC's final
determination in the Federal Register.
Establishment of the Annual Inquiry Service Lists
On September 20, 2021, Commerce published the Final Rule in the
Federal Register.\14\ On September 27, 2021, Commerce also published
the Procedural Guidance in the Federal Register.\15\ The Final Rule and
Procedural Guidance provide that Commerce will maintain an annual
inquiry service list for each order or suspended investigation, and any
interested party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.
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\14\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\15\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
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In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \16\
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\16\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
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Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance,\17\ the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
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\17\ See Procedural Guidance, 86 FR 53206.
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Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioner and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list
[[Page 92627]]
in the years that follow.'' \18\ Accordingly, as stated above, the
petitioner and the Governments of China and Japan should submit their
initial entries of appearance after publication of this notice in order
to appear in the first annual inquiry service lists for these orders.
Pursuant to 19 CFR 351.225(n)(3), the petitioner and the Governments of
China and Japan will not need to resubmit their entries of appearance
each year to continue to be included on the annual inquiry service
list. However, the petitioner and the Governments of China and Japan
are responsible for making amendments to their entries of appearance
during the annual update to the annual inquiry service list in
accordance with the procedures described above.
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\18\ See Final Rule, 86 FR 52335.
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Notification to Interested Parties
This notice constitutes the AD orders with respect to printing
plates from China and Japan and the CVD order with respect to printing
plates from China, pursuant to sections 706(a) and 736(a) of the Act.
Interested parties can find a list of AD and CVD orders currently in
effect at https://www.trade.gov/datavisualization/adcvd-proceedings.
These orders are issued and published in accordance with sections
706(a) and 736(a) of the Act and 19 CFR 351.211(b).
Dated: November 18, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by these orders are 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 these
orders 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 these orders 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 Schedule of the United States (HTSUS)
subheadings 3701.30.0000 and 3701.99.6060. Further, merchandise that
falls within the scope of these orders 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 these
orders is dispositive.
[FR Doc. 2024-27426 Filed 11-21-24; 8:45 am]
BILLING CODE 3510-DS-P
