[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33640-33644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13546]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-073]


Common Alloy Aluminum Sheet From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, Partial 
Recission of Antidumping Administrative Review, Preliminary 
Determination of No Shipments, and Preliminary Successor-In-Interest 
Determination; 2018-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain companies under review

[[Page 33641]]

sold subject merchandise at less than normal value during the period of 
review (POR), June 22, 2018, through January 31, 2020, and that certain 
other companies under review did not ship subject merchandise to the 
United States during the POR. Additionally, Commerce is rescinding this 
review with respect to multiple companies. We are also making a 
preliminary successor-in-interest determination. Interested parties are 
invited to comment on these preliminary results of this review.

DATES: Applicable June 25, 2021.

FOR FURTHER INFORMATION CONTACT: Frank Schmitt or Fred Baker, 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) 482-4880 or (202) 482-2924, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 8, 2020, in response to review requests from multiple 
parties, Commerce initiated an administrative review of the antidumping 
duty order on common alloy aluminum sheet (CAAS) from the People's 
Republic of China (China).\1\ The POR is June 22, 2018, through January 
31, 2020. On April 24 and July 21, 2020, Commerce tolled all deadlines 
in administrative reviews by 50 days and 60 days respectively.\2\ On 
January 27 and June 2, 2021, Commerce extended the time limit for 
completing the preliminary results of this review, until June 18, 
2021.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 19730 (April 8, 2020).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020; see 
also Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \3\ See Memorandum, ``Common Alloy Aluminum Sheet from China, 
2018-2020: Extension of Time Limit for Preliminary Results of 
Antidumping Duty Administrative Review,'' dated January 27, 2021; 
see also Memorandum, ``Common Alloy Aluminum Sheet from China, 2018-
2020: Extension of Time Limit for Preliminary Results of Antidumping 
Duty Administrative Review,'' dated June 2, 2021. However, on June 
17, 2021, the President signed into law the Juneteenth National 
Independence Day Act, making June 19 a Federal holiday. See 
Juneteenth National Independence Day Act, S. 475, Public Law 117-17 
(2021). Because the Federal holiday fell on a Saturday, it was 
observed on Friday, June 18, 2021. Where a deadline falls on a 
weekend or Federal holiday, the appropriate deadline is the next 
business day. See Notice of Clarification: Application of ``Next 
Business Day'' Rule for Administrative Determination Deadlines 
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 
2005). Accordingly, the deadline for these preliminary results is on 
June 21, 2021.
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    On June 10, 2020, Commerce selected two exporters and/or producers 
for individual examination as mandatory respondents, Henan Mingtai 
Aluminum Industrial/Zhengzhou Mingtai Industry Co., Ltd. (collectively, 
Mingtai), and Jiangyin New Alumax Composite Material (Jiangyin New 
Alumax).\4\ By the deadline for section A questionnaire responses, July 
21, 2020, neither mandatory respondent had submitted a section A 
questionnaire response. By the deadline for section C-E questionnaire 
responses, August 6, 2020, neither mandatory respondent had submitted a 
section C-E questionnaire response. Additionally, on August 18, 2020, 
Mingtai filed a notice of its intent not to participate in this 
administrative review.\5\
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    \4\ See Memorandum, ``Antidumping Duty Administrative Review of 
Common Alloy Aluminum Sheet from the People's Republic of China: 
Respondent Selection,'' dated June 10, 2020.
    \5\ See Mingtai's Letter, ``Common Alloy Aluminum Sheet from the 
People's Republic of China: Mingtai Notice of Intent Not to 
Participate,'' dated August 18, 2020.
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    Because neither Mingtai nor Jiangyin New Alumax responded to 
Commerce's antidumping questionnaire, on September 28, 2020, Commerce 
selected Jiangsu Alcha Aluminum Co., Ltd. (Jiangsu Alcha) as an 
additional mandatory respondent.\6\ During the course of this review, 
Jiangsu Alcha filed responses to Commerce's questionnaires and 
supplemental questionnaires, and the Aluminum Association Common Alloy 
Aluminum Sheet Trade Enforcement Working Group and its individual 
members \7\ (the petitioner) commented on those responses. 
Additionally, multiple companies for which Commerce initiated the 
review filed either no-shipment claims or applications for separate 
rate status. For details regarding the events that occurred subsequent 
to the initiation of the review, see the Preliminary Decision 
Memorandum.\8\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as an Appendix to this notice.
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    \6\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Common Alloy Aluminum Sheet from the People's Republic 
of China: Selection of Additional Respondent for Individual 
Examination,'' dated September 28, 2020.
    \7\ The individual members of the Aluminum Association Common 
Alloy Aluminum Sheet Trade Enforcement Working Group are: Arconic 
Corporation, Commonwealth Rolled Products, Inc., Constellium Rolled 
Products Ravenswood, LLC, Jupiter Aluminum Corporation, JW Aluminum 
Company, and Novelis Corporation.
    \8\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2018-2020 Antidumping Duty Administrative Review of 
Common Alloy Aluminum Sheet from the People's Republic of China,'' 
issued concurrently with and hereby adopted by this notice 
(Preliminary Decision Memorandum).
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    The Preliminary Decision Memorandum is a public document and is 
made available to the public 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 Preliminary 
Decision Memorandum can be found at https://enforcement.trade.gov/frn/.

Scope of the Order

    The merchandise covered by the order is common alloy aluminum sheet 
from China. For a complete description of the scope of the order, see 
the Preliminary Decision Memorandum.

Preliminary Determination of No Shipments

    We found no evidence calling into question the no shipment claims 
by Teknik Aluminyum Sanayi A.S. and Companhia Brasileira de Aluminio; 
therefore, we preliminarily find that these companies had no shipments 
of subject merchandise to the United States during the POR. For 
additional information regarding these preliminary determinations, see 
the Preliminary Decision Memorandum.

Partial Recission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if all parties that 
requested a review withdraw their requests within 90 days of the 
publication date of the notice of initiation of the requested review. 
All parties timely withdrew their requests for administrative review of 
the following companies: (1) Multipanel UK Ltd., (2) Alumax Composite 
Material (Jiangyin) Co., Ltd., (3) Chalco Ruimin Co., (4) Granges 
Aluminum (Shanghai) Co., Ltd., (5) Henan Founder Beyond Industry Co., 
Ltd., (6) Henan Jinyang Luyue Co., Ltd., (7) Henan Xintai Aluminum 
Industry Co., Ltd., (8) Henan Zhongyuan Aluminum Co., Ltd., (9) Huafon 
Nikkei Aluminum Corporation, (10) Jiangsu Lidao New Material Co., Ltd., 
(11) Jiangsu Zhong He Aluminum Co., Ltd., (12) Jiangyin Litai 
Ornamental Materials Co., Ltd., (13) Luoyang Xinlong Aluminum Co., 
Ltd., (14) Shandong Fuhai Industrial Co., Ltd., (15) Shandong Nanshan 
Aluminum Co.,

[[Page 33642]]

Ltd., (16) Shanghai Dongshuo Metal Trade Co., Ltd., (17) Tianjin 
Zhongwang Aluminum Co., Ltd., (18) Xiamen Xiashun Aluminum Foil Co., 
Ltd., (19) Yantai Jintai International Trade Co., Ltd., and (20) 
Zhengzhou Silverstone Limited. Accordingly, Commerce is rescinding this 
review with respect to these companies, in accordance with 19 CFR 
351.213(d)(1). For additional information regarding the rescission of 
Commerce's administrative reviews, see the Preliminary Decision 
Memorandum.

Preliminary Affiliation and Single Entity Determination

    We have determined that Jiangsu Alcha, Alcha International, and 
Baotou Alcha Aluminum Co., Ltd. (Baotou Alcha) are affiliated entities 
pursuant to section 771(33)(F) of the Tariff Act of 1930, as amended 
(the Act). We have also determined that Jiangsu Alcha and Baotou Alcha 
Aluminum Co., Ltd. (Baotou Alcha) should be treated as a single entity 
pursuant to 19 CFR 351.401(f)(1)-(2). For additional information, see 
the Affiliation Memorandum.\9\
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    \9\ See Memorandum, ``Preliminary Affiliation and Collapsing 
Memorandum: Common Alloy Aluminum Sheet from China,'' dated 
concurrently with this notice (Affiliation Memorandum).
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Separate Rates

    We have preliminarily determined that the information placed on the 
record by Jiangsu Alcha, Alcha International (collectively, Alcha 
Group), and Yinbang Clad Material Co., Ltd. (Yinbang Clad) demonstrates 
that these companies are eligible for a separate rate. We have also 
preliminarily determined that Choil Aluminum Co., Ltd.; Jiangyin New 
Alumax; Mingtai; PMS Metal Profil Aluminyum San. Ve Tic. A.S. Demirtas 
Organize Sanayi Bolgesi; and United Metal Coating LLC have not 
demonstrated their eligibility for a separate rate because they did not 
file separate rate applications or certifications with Commerce. 
Therefore, we are treating these companies as part of the China-wide 
entity. Because no party requested a review of the China-wide entity, 
the entity is not under review and the entity's rate (i.e., 59.72 
percent) is not subject to change.\10\
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    \10\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019).
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    For additional information regarding Commerce's preliminary 
separate rates determinations, see the Preliminary Decision Memorandum.

Dumping Margins for Separate Rate Companies

    The statute and Commerce's regulations do not address what rate to 
apply to respondents not selected for individual examination when 
Commerce limits its examination in an administrative review pursuant to 
section 777A(c)(2) of the Act. Generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in an investigation, for guidance when calculating the 
rate for non-selected respondents that are not examined individually in 
an administrative review. Section 735(c)(5)(A) of the Act states that 
the all-others rate should be calculated by averaging the weighted-
average dumping margins for individually examined respondents, 
excluding rates that are zero, de minimis, or based entirely on facts 
available. Where the rates for the individually examined companies are 
all zero, de minimis, or based entirely on facts available, section 
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable 
method'' to establish the all-others rate. In this review, we 
calculated a rate for Alcha Group that is not zero, de minimis, or 
based entirely on facts available. Therefore, we have assigned this 
rate to the companies not selected for individual examination but that 
are eligible for a separate rate.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) of the Act. Commerce calculated export and 
constructed export prices in accordance with section 772 of the Act. 
Because Commerce has determined that China is a nonmarket economy 
country,\11\ within the meaning of section 771(18) of the Act, Commerce 
calculated normal value in accordance with section 773(c) of the Act.
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    \11\ See Antidumping Duty Investigation of Certain Aluminum Foil 
from the People's Republic of China: Affirmative Preliminary 
Determination of Sales at Less-Than-Fair Value and Postponement of 
Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing 
Memorandum, ``China's Status as a Non-Market Economy,'' dated 
October 26, 2017), unchanged in Certain Aluminum Foil from the 
People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 83 FR 9282 (March 5, 2018).
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    For a full description of the methodology underlying the 
preliminary results of this review, see the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    We are preliminarily assigning the following dumping margins to the 
firms listed below for the period June 22, 2018, through January 31, 
2020:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Jiangsu Alcha Aluminum Co., Ltd./Alcha International              143.30
 Holdings Limited...........................................
Yinbang Clad Material Co., Ltd..............................      143.30
China-Wide Entity \12\......................................       59.72
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Disclosure and Public Comment
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    \12\ As noted above, the China-Wide Entity is not subject to 
this review. However, in this review we have preliminarily 
determined that the following companies under review are now part of 
the China-Wide Entity: (1) Choil Aluminum Co., Ltd.; (2) Henan 
Mingtai Al Industrial Co., Ltd.; (3) Jiangyin New Alumax Composite 
Material Co., Ltd.; (4) PMS Metal Profil Aluminyum San. Ve Tic. A.S. 
Demirtas Organize Sanayi Bolgesi; (5) United Metal Coating LLC; and 
(6) Zhengzhou Mingtai Industry Co., Ltd.
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    Commerce intends to disclose to parties to the proceeding the 
calculations performed for these preliminary results of review within 
five days of the date of publication of this notice in the Federal 
Register in accordance with 19 CFR 351.224(b). Interested parties may 
submit case briefs no later than 30 days after the date of publication 
of these preliminary results of review in the Federal Register.\13\ 
Rebuttal briefs may be filed no later than seven days after case briefs 
are due and may respond only to arguments raised in the case 
briefs.\14\ A table of contents, list of authorities used, and an 
executive summary of issues should accompany any briefs submitted to 
Commerce. The summary should be limited to five pages total, including 
footnotes.\15\
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    \13\ See 19 CFR 351.309(c)(ii).
    \14\ See 19 CFR 351.309(d).
    \15\ See 19 CFR 351.309(c)(2), (d)(2).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice in the Federal Register.\16\ Requests 
should contain the party's name, address, and telephone number, the 
number of individuals from the requesting party's firm that will attend 
the hearing, and a list of the issues the party intends to discuss at 
the hearing. Oral arguments at the hearing will be limited to issues 
raised in the briefs. If a request for a hearing is made, Commerce 
intends to hold the hearing at a date and time to be determined.\17\ 
Parties should confirm by telephone the

[[Page 33643]]

date and time of the hearing two days before the scheduled date of the 
hearing.
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    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\18\ An electronically filed document must 
be received successfully in its entirety by Commerce's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due 
date.\19\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information until further notice.\20\ Unless otherwise extended, 
Commerce intends to issue the final results of this administrative 
review, which will include the results of its analysis of issues raised 
in any briefs, within 120 days of publication of these preliminary 
results of review in the Federal Register, pursuant to section 
751(a)(3)(A) of the Act.
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    \18\ See generally 19 CFR 351.303.
    \19\ See 19 CFR 351.303 (for general filing requirements); see 
also Antidumping and Countervailing Duty Proceedings: Electronic 
Filing Procedures; Administrative Protective Order Procedures, 76 FR 
39263 (July 6, 2011).
    \20\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18, 
2020); see also Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\21\ Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after date of publication of the final results of 
this review in the Federal Register. If a timely summons is filed at 
the U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).
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    \21\ See 19 CFR 351.212(b)(1).
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    For each individually examined respondent in this review whose 
weighted-average dumping margin in the final results of review is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to 
calculate importer/customer-specific assessment rates, in accordance 
with 19 CFR 351.212(b)(1).\22\ Where the respondent reported reliable 
entered values, Commerce intends to calculate importer/customer-
specific ad valorem assessment rates by aggregating the amount of 
dumping calculated for all U.S. sales to the importer/customer and 
dividing this amount by the total entered value of the merchandise sold 
to the importer/customer.\23\ Where the respondent did not report 
entered values, Commerce will calculate importer/customer-specific 
assessment rates by dividing the amount of dumping for reviewed sales 
to the importer/customer by the total quantity of those sales. Commerce 
will calculate an estimated ad valorem importer/customer-specific 
assessment rate to determine whether the per-unit assessment rate is de 
minimis; however, Commerce will use the per-unit assessment rate where 
entered values were not reported.\24\ Where an importer/customer-
specific ad valorem assessment rate is not zero or de minimis, Commerce 
will instruct CBP to collect the appropriate duties at the time of 
liquidation. Where either the respondent's weighted average dumping 
margin is zero or de minimis, or an importer/customer-specific ad 
valorem assessment rate is zero or de minimis, Commerce will instruct 
CBP to liquidate appropriate entries without regard to antidumping 
duties.\25\
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    \22\ See Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification).
    \23\ See 19 CFR 351.212(b)(1).
    \24\ Id.
    \25\ See Final Modification, 77 FR at 8103.
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    For the respondents that were not selected for individual 
examination in this administrative review, but which qualified for a 
separate rate, the assessment rate will be based on the weighted-
average dumping margin(s) assigned to the respondent(s), as 
appropriate, in the final results of this review.\26\
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    \26\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Preliminary Results of the Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments: 2014-2015, 81 
FR 29528 (May 12, 2016), and accompanying IDM at 10-11, unchanged in 
Drawn Stainless Steel Sinks from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; Final 
Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15, 
2016).
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    Pursuant to Commerce's refinement to its practice, for sales that 
were not reported in the U.S. sales database submitted by an exporter 
individually examined during this review, Commerce will instruct CBP to 
liquidate the entry of such merchandise at the dumping margin for the 
China-wide entity.\27\ Additionally, where Commerce determines that an 
exporter under review had no shipments of subject merchandise to the 
United States during the POR, any suspended entries of subject 
merchandise that entered under that exporter's CBP case number during 
the POR will be liquidated at the dumping margin for the China-wide 
entity.
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    \27\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
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    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated antidumping 
duties, where applicable.

Cash Deposit Requirements

    Commerce will instruct CBP to require a cash deposit for 
antidumping duties equal to the weighted-average amount by which the 
normal value exceeds U.S. price. The following cash deposit 
requirements will be effective for shipments of the subject merchandise 
from China entered, or withdrawn from warehouse, for consumption on or 
after the publication date of this notice in the Federal Register, as 
provided by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed in the table above, the cash deposit rate will be equal to the 
weighted-average dumping margin established in the final results of 
this review for the exporter (except, if the dumping margin is de 
minimis (i.e., less than 0.5 percent), then the cash deposit rate will 
be zero for that exporter); (2) for previously investigated or reviewed 
Chinese and non-Chinese exporters that are not listed in the table 
above but that have separate rates, the cash deposit rate will continue 
to be the exporter-specific rate established in the most recently 
completed segment of this proceeding; (3) for all Chinese exporters of 
subject merchandise which have not been found to be entitled to a 
separate rate, the cash deposit rate will be the rate for the China-
wide entity (i.e., 59.72 percent) \28\ and (4) for all non-Chinese 
exporters of subject merchandise that have not received their own rate, 
the cash deposit rate will be the rate applicable to the China exporter 
that supplied that non-Chinese exporter. These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \28\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019).
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of

[[Page 33644]]

antidumping duties and/or countervailing duties prior to liquidation of 
the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties and/or countervailing duties has occurred, and 
the subsequent assessment of double antidumping duties and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: June 21, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix--List of Sections in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Preliminary Determination of No Shipments
VI. Preliminary Successor-In-Interest Determination
VII. Affiliation
VIII. Discussion of Methodology
IX. Adjustment Under Section 777A of the Act
X. Currency Conversion
XI. Recommendation

[FR Doc. 2021-13546 Filed 6-24-21; 8:45 am]
BILLING CODE 3510-DS-P