[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29090-29092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09570]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-820]


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

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

SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty (AD) order on common 
alloy aluminum sheet (aluminum sheet) from Spain with respect to one 
exporter/producer of subject merchandise. The period of review (POR) is 
October 15, 2020, through March 31, 2022. Commerce preliminarily finds 
that sales of aluminum sheet from Spain were made at less than normal 
value (NV) during the POR. We invite interested parties to comment on 
these preliminary results.

DATES: Applicable May 5, 2023.

FOR FURTHER INFORMATION CONTACT: Whitley Herndon, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6274.

SUPPLEMENTARY INFORMATION: 

Background

    On April 27, 2021, Commerce published the AD order on aluminum 
sheet from Spain.\1\ On June 9, 2022, Commerce initiated an 
administrative review of the Order, in accordance with section 751(a) 
of the Tariff Act of 1930, as amended (the Act).\2\ This administrative 
review covers one producer/exporter of the subject merchandise, 
Compania Valenciana de Aluminio Baux, S.L.U./Bancolor Baux, S.L.U. 
(collectively, Baux).\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\ Commerce previously determined that Baux is a collapsed 
entity comprised of the following two producers/exporters of subject 
merchandise: Compania Valenciana de Aluminio Baux, S.L.U. and 
Bancolor Baux S.L.U. See Common Alloy Aluminum Sheet from Spain: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 85 FR 65367 (October 15, 2020), and 
accompanying Preliminary Decision Memorandum, unchanged in Common 
Alloy Aluminum Sheet from Spain: Final Affirmative Determination of 
Sales at Less Than Fair Value, 86 FR 13298 (March 8, 2021), and 
accompanying Issues and Decision Memorandum.

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[[Page 29091]]

    On December 5, 2022, Commerce extended the deadline for the 
preliminary results until April 28, 2023.\4\ For a complete description 
of the events that followed the initiation of this review, see the 
Preliminary Decision Memorandum.\5\
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    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review, 2020-2022,'' 
dated December 5, 2022.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Common Alloy Aluminum Sheet from Spain; 2020-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The products covered by this Order are common alloy aluminum sheet 
from Spain. For a full description of the scope, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export price is calculated in accordance with 
section 772 of the Act. NV is calculated 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 included in the Preliminary Decision Memorandum is included as 
an 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of Review

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

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Compania Valenciana de Aluminio Baux, S.L.U./Bancolor Baux,        9.90
 S.L.U.....................................................
------------------------------------------------------------------------

Assessment Rates

    Upon completion of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), if 
Baux's weighted-average dumping margin is not zero or de minimis (i.e., 
less than 0.5 percent) in the final results of this review, we will 
calculate importer-specific assessment rates based on the ratio of the 
total amount of dumping calculated for the importer's examined sales to 
the total entered value of those same sales. If Baux's weighted-average 
dumping margin is zero or de minimis, or if an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
The final results of this review shall be the basis for the assessment 
of antidumping duties on entries of merchandise covered by this review 
and for future deposits of estimated duties, where applicable.\6\
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    \6\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Baux for 
which it did not know that the merchandise was destined for the United 
States, we will instruct CBP to liquidate those entries at the all-
others rate established in the original less-than-fair value (LTFV) 
investigation (i.e., 3.80 percent) \7\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\8\
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    \7\ See Order.
    \8\ 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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    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 expire (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for Baux in the 
final results of review will be equal to the weighted-average dumping 
margin established in the final results of this administrative review 
except if the rate is less than 0.50 percent and, therefore, de minimis 
within the meaning of 19 CFR 351.106(c)(1), in which case the cash 
deposit rate will be zero; (2) for merchandise exported by a company 
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 in 
which it was reviewed; (3) if the exporter is not a firm covered in 
this review or the original LTFV investigation, 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; (4) the cash deposit rate for all other producers or 
exporters will continue to be 3.80 percent,\9\ the all-others rate 
established in the LTFV investigation. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \9\ See Order.
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results or, if 
there is no public announcement, within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). Case 
briefs or other written comments may be submitted to the Assistant 
Secretary for Enforcement and Compliance no later than seven days after 
the date on which the last verification report is issued in this 
review. 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.\10\ 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

[[Page 29092]]

summary of the argument; and (3) a table of authorities.\11\ Case and 
rebuttal briefs should be filed using ACCESS \12\ and must be served on 
interested parties.\13\ Executive summaries should be limited to five 
pages total, including footnotes. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\14\
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    \10\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) 
(Temporary Rule).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ See, generally, 19 CFR 351.303.
    \13\ See 19 CFR 351.303(f).
    \14\ See Temporary Rule.
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    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary, filed electronically via 
ACCESS.\15\ Requests should contain the party's name, address, and 
telephone number, the number of participants, whether any participant 
is a foreign national, and a list of the issues to be discussed. Issues 
raised in the hearing will be limited to those raised in the respective 
case and rebuttal briefs.\16\ If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm the date and time of the hearing two 
days before the scheduled date. Parties are reminded that all briefs 
and hearing requests must be filed electronically using ACCESS and 
received successfully in their entirety by 5:00 p.m. Eastern Time on 
the due date.
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    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310.
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Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon here in advance of the final results 
of this review.

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 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 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 doubled 
antidumping duties.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: April 28, 2023.
Lisa W. Wang,
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
VI. Recommendation

[FR Doc. 2023-09570 Filed 5-4-23; 8:45 am]
BILLING CODE 3510-DS-P