[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:
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Weighted-
average
Exporter dumping
margin
(percent)
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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