[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Notices]
[Pages 68677-68679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24915]


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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 and 
Partial Recission of Antidumping Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that all companies subject to this review are part of the 
China-wide entity because they did not establish eligibility for a 
separate rate. Additionally, Commerce is rescinding this review with 
respect to Yinbang Clad Material Co., Ltd. (Yinbang Clad). Interested 
parties are invited to comment on these preliminary results of this 
review.

DATES: Applicable November 16, 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

    On February 8, 2019, Commerce published the antidumping duty order 
on common alloy aluminum sheet from the People's Republic of China 
(China).\1\ On February 8, 2022, we published a notice of opportunity 
for interested parties to request that Commerce conduct an 
administrative review of the

[[Page 68678]]

Order.\2\ On February 28, 2022, we received requests for an 
administrative review from Valeo North America, Inc (Valeo),\3\ and the 
Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement 
Working Group and its individual members \4\ (the domestic 
industry).\5\ On April 12, 2022, Commerce published the initiation 
notice of an administrative review of the Order with respect to Alcha 
International Holdings Limited (Alcha International), Jiangsu Alcha 
Aluminum Co., Ltd.,\6\ and Yinbang Clad.\7\ On April 25, 2022, the 
domestic industry withdrew its request for review with respect to 
Yinbang Clad.\8\ On May 12, 2022, Jiangsu Alcha and Alcha International 
submitted a letter stating that neither company was entitled to a 
separate rate, due to changes in the companies' government control 
status.\9\
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    \1\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019) 
(Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 7112 (February 8, 
2022).
    \3\ See Valeo's Letter, ``Common Alloy Aluminum Sheet from the 
People's Republic of China: Request for Administrative Review,'' 
dated February 28, 2022.
    \4\ 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.
    \5\ See Domestic Industry's Letter, ``3rd Administrative Review 
of the Antidumping Order on Common Alloy Aluminum Sheet from the 
People's Republic of China--Domestic Industry's Request for 2021/
2022 Administrative Review,'' dated February 28, 2022.
    \6\ Commerce previously determined that the following companies 
should be treated as a single entity: Alcha International; Jiangsu 
Alcha Aluminum Co., Ltd.; and Baotou Alcha Aluminum Co., Ltd. 
(Baotou Alcha). Additionally, Commerce previously determined that 
Jiangsu Alcha Aluminum Group Co., Ltd. (Jiangsu Alcha) 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, 74067 (December 29, 2021), unchanged in 
Common Alloy Aluminum Sheet from the People's Republic of China: 
Amended Final Results of Antidumping Duty Administrative Review, 
2018-2020, 87 FR 6504 (February 4, 2022); see also Common Alloy 
Aluminum Sheet from the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review; 2020-2021, 87 FR 54975 
(September 8, 2022), as corrected by Common Alloy Aluminum Sheet 
from the People's Republic of China: Final Results of Antidumping 
Duty Administrative Review; 2020-2021; Correction, 87 FR 59059 
(September 29, 2022). Accordingly, we are treating the single entity 
of Alcha International, Jiangsu Alcha, and Baotou Alcha 
(collectively, Alcha) as the companies under review in this 
proceeding.
    \7\ See Initiation of Antidumping and Countervailing Duty 
Administrative Review, 87 FR 21619 (April 12, 2022) (Initiation 
Notice).
    \8\ See the Domestic Industry's Letter, ``3rd Administrative 
Review of the Antidumping Duty Order on Common Alloy Aluminum Sheet 
from the People's Republic of China--Domestic Industry's Partial 
Withdrawal of Review Request,'' dated April 25, 2022 (Domestic 
Industry's Partial Withdrawal of Review).
    \9\ See Jiangsu Alcha and Alcha International's Letter, ``Common 
Alloy Aluminum Sheet from the People's Republic of China: Notice 
Regarding Alcha,'' dated May 12, 2022 (Alcha International's May 
12th Submission).
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    On October 26, 2022, we extended the deadline for these preliminary 
results of review, until November 8, 2022.\10\ The period of review 
(POR) is February 1, 2021, through January 31, 2022.
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    \10\ See Memorandum, ``2021-2022 Administrative Review of the 
Antidumping Duty Order on Common Alloy Aluminum Sheet from the 
People's Republic of China: Extension of Deadline for Preliminary 
Results,'' dated October 26, 2022.
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    For details regarding the events that occurred subsequent to the 
initiation of the review, see the Preliminary Decision Memorandum.\11\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as the appendix to this notice. 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 accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \11\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 Antidumping Duty Administrative Review of 
Common Alloy Aluminum Sheet from the People's Republic of China,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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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.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.213.

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. 
The domestic industry withdrew its request for administrative review of 
Yinbang Clad within 90 days of the date of the publication of the 
Initiation Notice,\12\ and no other interested parties requested a 
review of Yinbang Clad. Accordingly, Commerce is rescinding this review 
with respect to Yinbang Clad, in accordance with 19 CFR 351.213(d)(1).
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    \12\ See Domestic Industry's Partial Withdrawal of Review.
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Separate Rates

    None of the companies within the Alcha entity submitted a separate 
rate application or certification. Further, Jiangsu Alcha and Alcha 
International submitted a letter stating they are not entitled to 
submit a separate rate application in this administrative review due to 
a change in their government control status.\13\ Accordingly, we 
preliminarily find that Alcha has not established its eligibility for a 
separate rate.\14\ For additional information, see the Preliminary 
Decision Memorandum.
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    \13\ See Alcha International's May 12th Submission.
    \14\ See Initiation Notice (``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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China-Wide Entity

    In accordance with Commerce's policy, the China-wide entity will 
not be under review unless a party specifically requests, or Commerce 
self-initiates, a review of the China-wide entity.\15\ Because no party 
requested a review of the China-wide entity, the China-wide entity is 
not under review and the weighted-average dumping margin for the China-
wide entity is not subject to change (i.e., 59.72 percent).\16\ Because 
Alcha did not demonstrate its eligibility for a separate rate, we 
preliminarily consider Alcha \17\ to be part of the China-wide entity.
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    \15\ 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 (November 4, 2013).
    \16\ See Order.
    \17\ Including Alcha International, Jiangsu Alcha, and Baotou 
Alcha.
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Disclosure and Public Comment

    Normally, Commerce discloses the calculations used in its analysis 
to parties in a review within five days of the date of publication of 
the notice of preliminary results, in accordance with 19 CFR 
351.224(b). However, in this case, there are no calculations on the 
record to disclose.
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of these preliminary

[[Page 68679]]

results of review in the Federal Register.\18\ Rebuttal briefs may be 
filed no later than seven days after case briefs are filed, all 
rebuttal briefs must be limited to comments raised in the case 
briefs.\19\ 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.\20\
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    \18\ See 19 CFR 351.309(c)(2).
    \19\ See 19 CFR 351.309(d).
    \20\ 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.\21\ 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.\22\ 
Parties should confirm by telephone the date and time of the hearing 
two days before the scheduled date of the hearing.
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    \21\ See 19 CFR 351.310(c).
    \22\ See 19 CFR 351.310(d).
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    All submissions must be filed electronically using ACCESS.\23\ An 
electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m. 
Eastern Time (ET) on the due date.\24\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information until further notice.\25\
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    \23\ See generally 19 CFR 351.303.
    \24\ 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).
    \25\ See 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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    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 and 19 CFR 
351.213(h).

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review, in accordance 
with 19 CFR 351.212(b)(1). If the preliminary results are unchanged for 
the final results, we will instruct CBP to apply an ad valorem 
assessment rate of 59.72 percent to all entries of subject merchandise 
during the POR which were exported by Alcha.
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the 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).

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 previously 
investigated or reviewed Chinese and non-Chinese exporters 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; (2) for all Chinese exporters of subject merchandise 
which have not been found to be entitled to a separate rate, including 
Alcha, the cash deposit rate will be the rate for the China-wide entity 
(i.e., 59.72 percent) \26\ and (3) 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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    \26\ See Order.
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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 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: November 8, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

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. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2022-24915 Filed 11-15-22; 8:45 am]
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