[Federal Register Volume 86, Number 247 (Wednesday, December 29, 2021)]
[Notices]
[Pages 74066-74068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28316]


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DEPARTMENT OF COMMERCE

International Trade Administation

[A-570-073]


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

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

SUMMARY: The Department of Commerce (Commerce) determines that certain 
companies under review sold common alloy aluminum sheet (aluminum 
sheet) from the People's Republic of China (China) at less than normal 
value during the period of review (POR) June 22, 2018, through January 
31, 2020, and that certain other companies had no shipments of subject 
merchandise to the United States during the POR. Commerce also 
continues to make a successor-in-interest determination with respect to 
one company.

DATES: Applicable December 29, 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

    Commerce published the Preliminary Results of this administrative 
review on June 25, 2021.\1\ We invited interested parties to comment on 
the Preliminary Results, and we received case briefs and rebuttal 
briefs from interested parties.\2\ On October 14, 2021, we extended the 
deadline for these final results until December 22, 2021.\3\ For a full 
summary of the events that occurred since Commerce published the 
Preliminary Results, see the Issues and Decision Memorandum.\4\ 
Commerce conducted this review in accordance with section 751(a) of the 
Tariff Act of 1930, as amended (the Act).
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    \1\ See 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, 86 FR 33640 (June 
25, 2021) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ See Preliminary Results, 86 FR at 33642; see also Alcha's 
Letter, ``Common Alloy Aluminum Sheet from the People's Republic of 
China: Case Brief,'' dated August 12, 2021; Domestic Industry's 
Letter, ``Domestic Industry's Case Brief,'' dated August 12, 2021; 
Alcha's Letter, ``Common Alloy Aluminum Sheet from the People's 
Republic of China: Rebuttal Brief,'' dated August 19, 2021; and 
Domestic Industry's Letter, ``Domestic Industry's Rebuttal Brief,'' 
dated August 19, 2021.
    \3\ See Memorandum, ``2018-2020 Administrative Review of the 
Antidumping Duty Order on Common Alloy Aluminum Sheet from the 
People's Republic of China: Extension of Deadline for Final 
Results,'' dated October 14, 2021.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Common Alloy Aluminum Sheet from the People's Republic of 
China; 2018-2020,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Scope of the Order \5\
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    \5\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019) 
(Order).
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    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 Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by 
interested parties are addressed in the Issues and Decision Memorandum. 
A list of these issues is attached to this notice.\6\ The Issues and 
Decision Memorandum is a public document and is on file electronically 
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 Issues and Decision Memorandum can be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ See Appendix.
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Changes From the Preliminary Results

    Based on our analysis of the record and the comments received from 
interested parties, we made certain changes to the margin calculation. 
For a discussion of these changes, see the Issues and Decision 
Memorandum.

Final Results of Successor-In-Interest Analysis

    In the Preliminary Results, Commerce determined that Jiangsu Alcha 
Aluminum Group Co., Ltd., is the successor-in-interest to Jiangsu Alcha 
Aluminum Co., Ltd. (Jiangsu Alcha).\7\ No party commented on this issue 
and we have not received any information to contradict our preliminary 
finding. Therefore, we continue to find that Jiangsu Alcha Aluminum 
Group Co., Ltd. is the successor-in-interest to Jiangsu Alcha. 
Moreover, because we find Jiangsu Alcha Aluminum Group Co., Ltd. to be 
the successor-in-interest to Jiangsu Alcha, we intend to assign to 
Jiangsu Alcha Aluminum Group Co., Ltd., the same antidumping cash 
deposit rate assigned to Jiangsu Alcha, for purposes of determining 
antidumping liability in this proceeding.
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    \7\ See Preliminary Results PDM at 7-8.
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Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that Teknik 
Aluminyum Sanayi A.S. and Companhia Brasileira de Aluminio did not have 
shipments of subject merchandise to the United States during the 
POR.\8\ As we received no information to contradict our preliminary 
determination of no shipments with respect to those companies, we 
continue to find that they made no shipments of subject merchandise to 
the United States during the POR. Accordingly, we will issue 
appropriate instructions for these two companies that are consistent 
with our ``automatic assessment'' clarification.\9\
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    \8\ See Preliminary Results, 86 FR at 33641.
    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Notice); see also ``Assessment Rates'' section, below.
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Final Affiliation and Single Entity Determination

    In the Preliminary Results, Commerce determined that Jiangsu Alcha, 
Alcha International Holdings Limited (Alcha International), and Baotou 
Alcha Aluminum Co., Ltd. (Baotou Alcha) are affiliated entities, 
pursuant to sections 771(33)(E), (F), and (G) of the Act,\10\ and that 
Jiangsu Alcha and Baotou Alcha should be treated as a single entity,

[[Page 74067]]

pursuant to 19 CFR 351.401(f)(1)-(2).\11\ For these final results, we 
continue to find that Jiangsu Alcha, Alcha International, and Baotou 
Alcha are affiliated entities pursuant to section 771(33)(E), (F), and 
(G) of the Act, and we have revised our analysis to determine that all 
three companies should be treated as a single entity pursuant to 19 CFR 
351.401(f)(1)-(2).\12\
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    \10\ See Preliminary Results, 86 FR at 33642; see also 
Preliminary Results PDM at 8; and Memorandum, ``Preliminary 
Affiliation and Collapsing Memorandum: Common Alloy Aluminum Sheet 
from China,'' dated June 21, 2021 (Preliminary Affiliation 
Memorandum). In the Preliminary Results, we inadvertently referred 
only to section 771(33)(F) of the Act; however, we find affiliation 
among these companies under sections 771(33)(E), (F), and (G) of the 
Act.
    \11\ See Preliminary Results, 86 FR at 33642; see also 
Preliminary Results PDM at 8. In the Preliminary Results, we 
inadvertently omitted Baotou Alcha from the rate chart with respect 
to the exporter listed as ``Jiangsu Alcha Aluminum Co., Ltd./Alcha 
International Holdings Limited,'' published in the Federal Register. 
See Preliminary Results, 86 FR at 33642. Based on our preliminary 
determination, Baotou Alcha should have been included in the rate 
chart with the aforementioned exporter and thus, we have corrected 
that omission in this notice.
    \12\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Common Alloy Aluminum Sheet from the People's Republic 
of China: Final Affiliation and Collapsing Memorandum,'' dated 
concurrently with this notice.
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Separate Rates

    In the Preliminary Results, Commerce determined that Jiangsu Alcha, 
Alcha International, and Yinbang Clad Material Co., Ltd. (Yinbang Clad) 
are eligible for separate rates.\13\ Commerce also preliminarily 
determined that Choil Aluminum Co., Ltd.; Jiangyin New Alumax Composite 
Material Co., Ltd. (Jiangyin New Alumax); Henan Mingtai Al Industrial 
Co., Ltd./Zhengzhou Mingtai Industry Co., Ltd. (collectively, Mingtai); 
PMS Metal Profil Aluminyum San. Ve Tic. A.S. Demirtas Organize Sanayi 
Bolgesi; and United Metal Coating LLC are not eligible for separate 
rates.\14\ No party commented on this issue and we have not received 
any information to contradict our preliminary findings.
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    \13\ See Preliminary Results, 86 FR at 33642; see also 
Preliminary Results PDM at 17.
    \14\ See Preliminary Results PDM at 17-18.
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    For these final results, taking into account the final single 
entity determination, we determine that the single entity of Jiangsu 
Alcha, Baotou Alcha, and Alcha International (collectively, Alcha) \15\ 
is eligible for a separate rate, as is Yinbang Clad. Commerce continues 
to find 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 are not eligible for a separate 
rate.
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    \15\ In the Preliminary Results, we referred to Jiangsu Alcha 
and Alcha International, collectively, as Alcha Group. See 
Preliminary Results, 86 FR at 33642.
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Rate for Non-Examined Separate Rate Respondents

    The statute and our regulations do not address the establishment of 
a rate to be assigned to respondents not selected for individual 
examination when we limit our examination of companies subject to the 
administrative review pursuant to section 777A(c)(2)(B) of the Act. 
Generally, we look 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 respondents not individually 
examined in an administrative review. Under section 735(c)(5)(A) of the 
Act, the all-others rate is normally ``an amount equal to the weighted 
average of the estimated weighted average dumping margins established 
for exporters and producers individually investigated, excluding any 
zero and de minimis margins, and any margins determined entirely {on 
the basis of facts available{time} .''
    For these final results, we calculated a weighted-average dumping 
margin that is not zero, de minimis, or determined entirely on the 
basis of facts available for Alcha. Accordingly, consistent with our 
Preliminary Results, Commerce has assigned Yinbang Clad, a separate 
rate respondent that was not selected for individual examination, a 
margin of 56.93 percent, Alcha's calculated weighted-average dumping 
margin, for these final results.

The China-Wide Entity

    Because no party requested a review of the China-wide entity in 
this segment of the proceeding, the entity is not under review, and the 
entity's rate (i.e., 59.72 percent) is not subject to change.\16\ Other 
than the companies for which we made a final no-shipment determination, 
and the companies for which Commerce rescinded the administrative 
review in the Preliminary Results, Commerce considers all other 
companies for which a review was requested and did not demonstrate 
separate rate eligibility, to be part of the China entity.\17\
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    \16\ See Order, 84 FR at 2814.
    \17\ In this review, we have determined that the following 
companies subject to the review are now part of the China-wide 
entity: (1) Choil Aluminum Co., Ltd.; (2) Mingtai; (3) Jiangyin New 
Alumax; (4) PMS Metal Profil Aluminyum San. Ve Tic. A.S. Demirtas 
Organize Sanayi Bolgesi; and (5) United Metal Coating LLC.
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Final Results of Administrative Review

    For the companies subject to this administrative review which 
established their eligibility for a separate rate, Commerce determines 
that the following weighted-average dumping margins exist for the 
period June 22, 2018, through January 31, 2020:

 
------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                              dumping
                                                              margin
                                                             (percent)
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Jiangsu Alcha Aluminum Co., Ltd.18/Baotou Alcha Aluminum           56.93
 Co., Ltd./Alcha International Holdings Limited.........
Yinbang Clad Material Co., Ltd..........................           56.93
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Disclosure

    Commerce intends to disclose the calculations performed for these 
final results of review of the aluminum sheet from China antidumping 
duty order to interested parties within five days of the date of 
publication of this notice in the Federal Register , in accordance with 
19 CFR 351.224(b).
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    \18\ For the purposes of this review, we have considered the 
names Jiangsu Alcha Aluminum Co., Ltd. and Jiangsu Alcha Aluminium 
Co., Ltd., as equivalent.
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Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with these final results of review. We intend 
to issue assessment instructions to CBP no earlier than 35 days after 
the date of publication of these final results. 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).
    Where Alcha reported reliable entered values, we calculated 
importer-(or customer-) specific ad valorem rates by aggregating the 
dumping margins calculated for all U.S. sales to each importer (or 
customer) and dividing this amount by the total entered value of the 
sales to each importer (or customer).\19\ Where Commerce calculated a 
weighted-average dumping margin by dividing the total amount of dumping 
for reviewed sales to that party by the total sales quantity associated 
with those transactions, Commerce will direct CBP to assess importer-
(or customer-) specific assessment rates

[[Page 74068]]

based on the resulting per-unit rates.\20\ Where an importer-(or 
customer-) specific ad valorem or per-unit rate is greater than de 
minimis (i.e., 0.50 percent), Commerce will instruct CBP to collect the 
appropriate duties at the time of liquidation.\21\ Where an importer-
(or customer-) specific ad valorem or per-unit rate is zero or de 
minimis, Commerce will instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\22\
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    \19\ See 19 CFR 351.212(b)(1).
    \20\ Id.
    \21\ Id.
    \22\ See 19 CFR 351.106(c)(2).
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    For the non-selected respondent that received a separate rate, 
Yinbang Clad, we will instruct CBP to apply an antidumping duty 
assessment rate of 56.93 percent to all entries of subject merchandise 
that entered the United States during the POR. For the companies that 
we determined had no reviewable entries of the subject merchandise in 
this review period, any suspended entries that entered under those 
exporters'' case numbers (i.e., at the exporters'' rates) will be 
liquidated at the China-wide rate, i.e., 59.72 percent.\23\ For all 
other companies, we will instruct CBP to apply the antidumping duty 
assessment rate of the China-wide entity to all entries of subject 
merchandise exported by these companies.\24\
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    \23\ For a full discussion of this practice, see Assessment 
Notice.
    \24\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 19730, 19731 (April 8, 2020) (``All 
firms listed below that wish to qualify for separate rate status in 
the administrative reviews involving NME countries must complete, as 
appropriate, either a separate rate application or certification, as 
described below.'').
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) For subject merchandise exported 
by the companies listed above that have separate rates, the cash 
deposit rate will be the rate established in these final results of 
review for each exporter as listed above; (2) for previously 
investigated or reviewed Chinese and non-Chinese exporters not listed 
above that received a separate rate in a prior segment of this 
proceeding, except for the companies which lost their separate rate 
eligibility in this review, the cash deposit rate will continue to be 
the existing exporter-specific rate; (3) for all Chinese exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, or lost their separate rate eligibility in this review, 
the cash deposit rate will be that for the China-wide entity; and (4) 
for all non-Chinese exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter that supplied that non-Chinese 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Reimbursement of Duties

    This notice also serves as the final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification Regarding Administrative Protection Order

    This notice also serves as the final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or destruction of 
APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulation and terms of an APO is 
a sanctionable violation.

Notification to Interested Parties

    These final results of review are issued and published in 
accordance with sections 751(a) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: December 22, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of the 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 Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
    Comment 1: Selection of Surrogate Country
    Comment 2: HTS Classification for Certain Material Inputs and 
By-Products
    Comment 3: Surrogate Value Data Availability
    Comment 4: Double Remedies Adjustment
    Comment 5: Export Subsidies Adjustment
    Comment 6: Double Counting Consumption of Aluminum Inputs
    Comment 7: Sigma-Capped Distance
VI. Recommendation

[FR Doc. 2021-28316 Filed 12-28-21; 8:45 am]
 BILLING CODE 3510-DS-P