[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54975-54977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19342]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-073]


Common Alloy Aluminum Sheet From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2020-2021

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

SUMMARY: The U.S. 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) February 1, 2020, 
through January 31, 2021.

DATES: Applicable September 8, 2022.

FOR FURTHER INFORMATION CONTACT: Frank Schmitt, 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.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this administrative 
review on March 4, 2022.\1\ After publication of the Preliminary 
Results, interested parties filed case and rebuttal briefs.\2\ On June 
15, 2022, we extended the deadline for these final results until August 
23, 2022.\3\ On August 19, 2022, we extended the deadline for these 
final results until August 31, 2022.\4\ For a full summary of the 
events that occurred since Commerce published the Preliminary Results, 
see the Issues and Decision Memorandum.\5\ 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 
Reviews; 2020-2021 (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Aluminum Association Common Alloy Aluminum Sheet Trade 
Enforcement Working Group (Domestic Industry)'s Letter, ``Domestic 
Industry's Case Brief,'' dated April 5, 2022; see also Jiangsu Alcha 
Aluminum Group Co., Ltd. and its affiliates (collectively, Alcha)'s 
Letter, ``Common Alloy Aluminum Sheet from the People's Republic of 
China: Alcha Group's Case Brief,'' dated April 4, 2022; Domestic 
Industry's Letter, ``Domestic Industry's Rebuttal Case Brief 
Concerning Jiangsu Alcha Aluminum Co., Ltd,'' dated April 13, 2022; 
and Alcha's Letter, ``Common Alloy Aluminum Sheet from the People's 
Republic of China: Alcha's Rebuttal Brief,'' dated April 13, 2022.
    \3\ See Memorandum, ``2020-2021 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 June 15, 2022.
    \4\ See Memorandum, ``2020-2021 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 August 19, 2022.
    \5\ 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; 2020-2021,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Scope of the Order 6
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    \6\ 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.\7\ 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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    \7\ 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 a surrogate value unit 
of measure conversion and to the calculation of surrogate financial 
ratios. Additionally, we changed the surrogate value used for the 
purchased recycled aluminum input. For a discussion of these changes, 
see the Issues and Decision Memorandum.

[[Page 54976]]

Separate Rates

    In the Preliminary Results, Commerce determined that Jiangsu Alcha 
Aluminum Group Co., Ltd. (Jiangsu Alcha), Alcha International Holdings 
Limited (Alcha International), and Yinbang Clad Material Co., Ltd. 
(Yinbang Clad) are eligible for a separate rate.\8\ No interested 
parties submitted comments on Commerce's preliminary separate rate 
determinations. For these final results, taking into account Commerce's 
previous single entity determination,\9\ we continue to determine that 
the single entity of Jiangsu Alcha, Alcha International, Baotou Alcha 
Aluminum Co., Ltd. (Baotou Alcha) (collectively, Alcha), is eligible 
for a separate rate, as is Yinbang Clad.
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    \8\ See Preliminary Results, 87 FR at 12432; see also 
Preliminary Results PDM at 5-8.
    \9\ In the 2018-2020 administrative review of this antidumping 
order, Commerce determined that Jiangsu Alcha Aluminum Co., Ltd., 
Baotou Alcha and Alcha International should be treated as a single 
entity. Additionally, Commerce determined that Jiangsu Alcha 
Aluminum Group Co., Ltd. is the successor-in-interest to Jiangsu 
Alcha Aluminum Co., Ltd. See 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, 86 FR 74066 
(December 29, 2021).
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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, 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 respondents 
not individually examined in an administrative review. Section 
735(c)(5)(A) of the Act states that 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} .'' When the rates for 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.
    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, the sole 
separate rate respondent that was not selected for individual 
examination, a margin of 51.50 percent, Alcha's calculated weighted-
average dumping margin, for these final results.

The China-Wide Entity

    In accordance with Commerce policy,\10\ because no party requested 
a review of the China-wide entity, and Commerce did not self-initiate a 
review of the entity, the China-wide entity is not under review, and 
the dumping margin assigned to the China-wide entity (i.e., 59.72 
percent) is not subject to change.\11\ Commerce does not consider any 
company under review as part of the China-wide entity because every 
company under review demonstrated separate rate eligibility.
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    \10\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November 
4, 2013).
    \11\ See Order, 84 FR at 2814.
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Final Results of Administrative Review

    For the companies subject to this administrative review that 
established their eligibility for a separate rate, Commerce determines 
that the following weighted-average dumping margins exist for the 
period February 1, 2020, through January 31, 2021:
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    \12\ For the purposes of this review, we have considered the 
names Jiangsu Alcha Aluminum Co., Ltd. and Jiangsu Alcha Aluminium 
Co., Ltd., as equivalent.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Jiangsu Alcha Aluminum Co., Ltd.\12\/Baotou Alcha Aluminum         51.50
 Co., Ltd./Alcha International Holdings Limited.............
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       Non-Selected Company Under Review Receiving a Separate Rate
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Yinbang Clad Material Co., Ltd..............................       51.50
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Disclosure

    Pursuant to 19 CFR 351.224(b), within five days of the publication 
of this notice in the Federal Register, we will disclose to the parties 
in this proceeding, the calculations that we performed for these final 
results of review.

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).\13\ 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 based on the resulting per-
unit rates.\14\ 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.\15\ 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.\16\
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    \13\ See 19 CFR 351.212(b)(1).
    \14\ Id.
    \15\ Id.
    \16\ 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 51.50 percent to all entries of subject merchandise 
that entered the United States during the POR.

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)

[[Page 54977]]

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, 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, 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 to Importers

    This notice serves as a 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 this 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
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 regulations and terms of an APO 
is a violation which is subject to sanction.

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: August 31, 2022.
Lisa W. Wang,
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-A: Selection of Surrogate Country
    Comment 1-B: Selection of Surrogate Financial Statement
    Comment 2: Application of Partial Adverse Facts Available (AFA)
    Comment 3: Partial AFA Methodology
    Comment 4: Double Remedies Adjustment
    Comment 5: Selection of Surrogate Values (SV) for Recycled 
Aluminum and Aluminum Scrap
    Comment 6: Selection of Surrogate Distance of North American 
Inland Train Freight
    Comment 7: Selection of SV for Ocean Freight
    Comment 8: Unit Conversion in the Calculation of the SV for 
North American Inland Train Freight
    Comment 9: Valuation of Domestic Inland Freight for Factors of 
Production (FOP)
VI. Recommendation

[FR Doc. 2022-19342 Filed 9-7-22; 8:45 am]
BILLING CODE 3510-DS-P