[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.

------------------------------------------------------------------------
                                                           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