[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Notices]
[Pages 13095-13097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04303]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-891-001]


Common Alloy Aluminum Sheet From Croatia: Preliminary Results of 
Antidumping Duty Administrative Review; 2020-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that Impol d.o.o. and Impol TLM d.o.o. (collectively, Impol), made 
sales of subject merchandise at less than normal value during the 
period of review (POR) October 15, 2020, through March 31, 2022. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable March 2, 2023.

FOR FURTHER INFORMATION CONTACT: Dennis McClure, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5973.

SUPPLEMENTARY INFORMATION:

Background

    On April 27, 2021, Commerce published the antidumping duty order on 
aluminum sheet from Croatia.\1\ In accordance with section 751(a)(1) of 
the Tariff Act of 1930, as amended (the Act), Commerce is conducting an 
administrative review of the Order. On June 9, 2022, in accordance with 
19 CFR 251.221(c)(1)(i), we initiated the administrative review of the 
Order covering Impol, the only company requested for review.\2\ For a 
complete description of the events between the initiation of this 
review and these preliminary results, see the Preliminary Decision 
Memorandum.\3\
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    \1\ See Common Alloy Aluminum Sheet from Bahrain, Brazil, 
Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania, 
Serbia, Slovenia, South Africa, Spain, Taiwan and the Republic of 
Turkey: Antidumping Duty Orders, 86 FR 22139 (April 27, 2021) 
(Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 35165 (June 9, 2022).
    \3\ See Memorandum, ``Common Alloy Aluminum Sheet from Croatia: 
Decision Memorandum for the Preliminary Results of Antidumping Duty 
Administrative Review; 2020-2022,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order is common alloy aluminum sheet 
from Croatia. For a complete description of the scope of the Order, see 
the Preliminary Decision Memorandum.\4\
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    \4\ Id. at ``Scope of the Order.''
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Methodology

    Commerce conducted this review in accordance with section 751(a) of 
the Act. We calculated export prices in accordance with section 772(a) 
of the Act. We calculated normal value in accordance with section 773 
of the Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
topics discussed in the Preliminary Decision Memorandum is attached as 
an appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is 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 
http://access.trade.gov. In addition, the signed Preliminary Decision 
Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period October 15, 2020, through March 
31, 2022.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                  Producer and/or exporter                     dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Impol d.o.o./Impol-TLM d.o.o.\5\...........................        2.37
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Assessment Rates
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    \5\ The preliminary rate calculated for Impol applies to subject 
merchandise produced by Impol-TLM d.o.o. and exported by either 
Impol-TLM d.o.o. (Croatia) or Impol d.o.o. (Slovenia).
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    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review. Commerce intends to issue assessment instructions to CBP 
no earlier than 35 days after the date of publication of the final 
results of this administrative 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

[[Page 13096]]

expired (i.e., within 90 days of publication).
    If Impol's weighted-average dumping margin is not de minimis (i.e., 
less than 0.50 percent), upon completion of the final results, Commerce 
intends to calculate importer-specific assessment rates on the basis of 
the ratio of the total amount of dumping calculated for each importer's 
examined sales to the total entered value of those sales. Where we do 
not have entered values for all U.S. sales to a particular importer, we 
will calculate an importer-specific, per-unit assessment rate on the 
basis of the ratio of the total amount of dumping calculated for the 
importer's examined sales to the total quantity of those sales.\6\ To 
determine whether an importer-specific, per-unit assessment rate is de 
minimis, in accordance with 19 CFR 351.106(c)(2), we also will 
calculate an importer-specific ad valorem ratio based on estimated 
entered values. Where either Impol's weighted-average dumping margin is 
zero or de minimis, or an importer-specific ad valorem assessment rate 
is zero or de minimis, we will instruct CBP to liquidate appropriate 
entries without regard to antidumping duties.\7\ For entries of subject 
merchandise during the POR produced by Impol for which it did not know 
that the merchandise it sold to the intermediary (e.g., reseller, 
trading company, or exporter) was destined for the United States, we 
will instruct CBP to liquidate such entries at the all-others rate \8\ 
if there is no rate for the intermediate company(ies) involved in the 
transaction.\9\
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    \6\ See 19 CFR 351.212(b)(1).
    \7\ See 19 CFR 352.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
    \8\ See Order.
    \9\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    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 
duties, where applicable.\10\
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    \10\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the final 
results of this administrative review, as provided for by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for Impol will be 
equal to the weighted-average dumping margin established in the final 
results of this review (except, if that rate is de minimis, then the 
cash deposit rate will be zero); (2) for producers or exporters not 
covered in this review but covered in a prior segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently-completed segment of this 
proceeding in which they were reviewed; (3) if the exporter is not a 
firm covered in this review or a prior segment of the proceeding but 
the producer is, then the cash deposit rate will be the rate 
established for the most recently-completed segment of this proceeding 
for the producer of the merchandise; and (4) the cash deposit rate for 
all other producers or exporters will continue to be 3.19 percent, the 
all-others rate established in the less-than-fair-value 
investigation.\11\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \11\ See Order, 86 FR at 22142.
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Disclosure, Public Comment, and Opportunity To Request a Hearing

    We intend to disclose the calculations performed for these 
preliminary results of review to interested parties within five days of 
the date of publication of this notice in accordance with 19 CFR 
351.224(b). Interested parties may submit case briefs to Commerce no 
later than 30 days after the date of publication of this notice.\12\ 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed not later than seven days after the date for filing case 
briefs.\13\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) a statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\14\ Case and 
rebuttal briefs should be filed using ACCESS \15\ and must be served on 
interested parties.\16\ Commerce has temporarily modified certain of 
its requirements for serving documents containing business proprietary 
information, until further notice.\17\
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    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 
17007 (March 26, 2020).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ See 19 CFR 351.303.
    \16\ See 19 CFR 351.303(f).
    \17\ 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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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by ACCESS by 5 p.m. Eastern Standard Time within 30 
days after the date of publication of this notice. Requests should 
contain: (1) the party's name, address, and telephone number; (2) the 
number of participants; (3) whether any participant is a foreign 
national; and (4) a list of issues parties intend to discuss. Issues 
raised in the hearing will be limited to those raised in the respective 
case and rebuttal briefs. If a request for a hearing is made, Commerce 
intends to hold the hearing at a date and time to be determined.\18\
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    \18\ See 19 CFR 351.310(c).
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice 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 prior to liquidation 
of the relevant entries during this review period. 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 Interested Parties

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

    Dated: February 23, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion

[[Page 13097]]

VI. Recommendation

[FR Doc. 2023-04303 Filed 3-1-23; 8:45 am]
BILLING CODE 3510-DS-P