[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Notices]
[Pages 2157-2159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01273]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-074]
Common Alloy Aluminum Sheet 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 Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing a countervailing duty order on common alloy
aluminum sheet (common alloy sheet) from the People's Republic of China
(China).
DATES: Applicable February 6, 2019.
FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone (202) 482-3813.
SUPPLEMENTARY INFORMATION:
Background
On November 15, 2018, Commerce published its final determination in
the countervailing duty investigation of
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common alloy sheet from China.\1\ On January 30, 2019, the ITC notified
Commerce of its final determination, pursuant to section 705(d) of the
Tariff Act of 1930, as amended (the Act), 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 common
alloy sheet from China.\2\ Further, the ITC determined that critical
circumstances do not exist with respect to imports of common alloy
sheet from China.
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\1\ See Countervailing Duty Investigation of Common Alloy
Aluminum Sheet from the People's Republic of China: Final
Affirmative Determination, 83 FR 57427 (November 15, 2018) (Final
Determination).
\2\ See ITC Notification Letter to the Deputy Assistant
Secretary for Enforcement and Compliance, referencing ITC
Investigation Nos. 701-TA-591 and 731-TA-1399, dated January 30,
2019 (ITC Notification).
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Scope of the Order
The product covered by this order is common alloy sheet from China.
For a complete description of the scope of this order, see the Appendix
to this notice.
Countervailing Duty Order
On January 30, 2019, in accordance with section 705(d) of the Act,
the ITC notified Commerce of its final determination in this
investigation, in which it found that imports of common alloy sheet are
materially injuring a U.S. industry.\3\ Therefore, in accordance with
section 705(c)(2) of the Act, we are publishing this countervailing
duty order.
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\3\ See ITC Notification; see also Common Alloy Aluminum Sheet
from China (Inv. Nos. 701-TA-591 and 731-TA-1399 (Final), USITC
Publication 4861, December 2018).
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As a result of the ITC's final determination, in accordance with
section 706(a) of the Act, Commerce will direct U.S. Customs and Border
Protection (CBP) to assess, upon further instruction by Commerce,
countervailing duties on unliquidated entries of subject merchandise
from China entered, or withdrawn from warehouse, for consumption on or
after April 23, 2018, the date on which Commerce published its
preliminary countervailing duty determination in the Federal
Register,\4\ and before August 20, 2018, the effective date on which
Commerce instructed CBP to discontinue the suspension of liquidation in
accordance with section 703(d) of the Act. Section 703(d) of the Act
states that the suspension of liquidation pursuant to a preliminary
determination may not remain in effect for more than four months.
Therefore, entries of subject merchandise from China made on or after
August 20, 2018, and prior to the date of publication of the ITC's
final determination in the Federal Register are not liable for the
assessment of countervailing duties due to Commerce's discontinuation
of the suspension of liquidation.
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\4\ See Common Alloy Sheet from the People's Republic of China:
Preliminary Affirmative Countervailing Duty (CVD) Determination,
Alignment of Final CVD Determination with Final Antidumping Duty
Determination, and Preliminary CVD Determination of Critical
Circumstances, 83 FR 17651 (April 23, 2018).
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Suspension of Liquidation
In accordance with section 706 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of subject merchandise
from China, effective the date of publication of the ITC's notice of
final determination in the Federal Register, and to assess, upon
further instruction by Commerce pursuant to section 706(a)(1) of the
Act, countervailing duties for each entry of the subject merchandise in
an amount based on the net countervailable subsidy rates for the
subject merchandise. On or after the date of publication of the ITC's
final injury determination in the Federal Register, we will instruct
CBP to require, at the same time as importers would normally deposit
estimated duties on this merchandise, cash deposits for each entry of
subject merchandise equal to the rates noted 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, as appropriate.
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Subsidy rate
Company (percent)
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Chalco Ruimin Co., Ltd.................................. 116.49
Chalco-SWA Cold Rolling Co., Ltd........................ 116.49
Henan Mingtai Industrial Co., Ltd./Zhengzhou Mingtai 46.48
Industry Co., Ltd \5\..................................
Yong Jie New Material Co., Ltd \6\...................... 55.02
All-Others.............................................. 50.75
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Critical Circumstances
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\5\ Commerce has found Henan Gongdian Thermal Co., Ltd. to be
cross-owned with Henan Mingtai Industrial Co., Ltd. and Zhengzhou
Mingtai Industry Co., Ltd.
\6\ Commerce has found the following companies to be cross-owned
with Yong Jie New Material: Zhejiang Yongjie Aluminum Co., Ltd.;
Zhejiang Nanjie Industry Co., Ltd; Zhejiang Yongjie Holding Co.,
Ltd; and Nanjie Resources Co., Ltd.
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With regard to the ITC's negative critical circumstances
determination on imports of common alloy sheet from China, we will
instruct CBP to lift suspension and to refund any cash deposits made to
secure the payment of estimated countervailing duties with respect to
entries of subject merchandise ordered, or withdrawn from warehouse,
for consumption on or after January 23, 2018 (i.e., 90 days prior to
the date of publication of the Preliminary Determination) but before
April 23, 2018 (i.e., the date of publication of the Preliminary
Determination).
Notifications to Interested Parties
This notice constitutes the countervailing duty order with respect
to common alloy sheet from China pursuant to section 706(a) of the Act.
Interested parties can find a list of countervailing duty orders
currently in effect at http://enforcement.trade.gov/stats/iastatsl.html.
This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: January 31, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order is aluminum common alloy
sheet (common alloy sheet), which is a flat-rolled aluminum product
having a thickness of 6.3 mm or less, but greater than 0.2 mm, in
coils or cut-to-length, regardless of width. Common alloy sheet
within the scope of the order includes both not clad aluminum sheet,
as well as multi-alloy, clad aluminum sheet. With respect to not
clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-
, 3XXX-, or 5XXX-series alloy as designated by the Aluminum
Association. With respect to multi-alloy, clad aluminum sheet,
common alloy sheet is produced from a 3XXX-series core, to which
cladding layers are applied to either one or both sides of the core.
Common alloy sheet may be made to ASTM specification B209-14,
but can also be made to other specifications. Regardless of
specification, however, all common alloy sheet meeting the scope
description is included in the scope. Subject merchandise includes
common alloy sheet that has been further processed in a third
country, including but not limited to annealing, tempering,
painting, varnishing, trimming, cutting, punching, and/or slitting,
or any other processing that would not otherwise remove the
merchandise from the scope of the order if performed in the country
of manufacture of the common alloy sheet.
Excluded from the scope of the order is aluminum can stock,
which is suitable for use in the manufacture of aluminum beverage
cans, lids of such cans, or tabs used to open such cans. Aluminum
can stock is produced to gauges that range from 0.200 mm to 0.292
mm, and has an H-19, H-41, H-48, or H-391 temper. In addition,
aluminum can stock has a lubricant applied to the flat surfaces of
the can stock to facilitate its
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movement through machines used in the manufacture of beverage cans.
Aluminum can stock is properly classified under Harmonized Tariff
Schedule of the United States (HTSUS) subheadings 7606.12.3045 and
7606.12.3055.
Where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set for the above.
Common alloy sheet is currently classifiable under HTSUS
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3090, 7606.12.6000,
7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Further,
merchandise that falls within the scope of the order may also be
entered into the United States under HTSUS subheadings 7606.11.3030,
7606.12.3030, 7606.91.3060, 7606.91.6040, 7606.92.3060,
7606.92.6040, 7607.11.9090. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written
description of the scope of the order is dispositive.
[FR Doc. 2019-01273 Filed 2-5-19; 8:45 am]
BILLING CODE 3510-DS-P