[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43279-43281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14368]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-891-001]


Common Alloy Aluminum Sheet From Croatia: Final 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) is conducting an 
administrative review of the antidumping duty order on common alloy 
aluminum sheet (CAAS) from Croatia. The period of review (POR) is 
October 15, 2020, through March 31, 2022. The review covers one 
producer/exporter of the subject merchandise, Impol d.o.o./Impol-TLM 
d.o.o. (Impol). We determine that sales of subject merchandise by Impol 
were made at less than normal value (NV).

DATES: Applicable July 7, 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

[[Page 43280]]

NW, Washington, DC 20230; telephone: (202) 482-5973.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the preliminary results of this review on March 
2, 2023.\1\ We invited interested parties to comment on the Preliminary 
Results. On April 3, 2023, Impol and the petitioner filed case 
briefs.\2\ For a complete description of the events that occurred after 
the Preliminary Results, see the Issues and Decision Memorandum.\3\ 
Commerce conducted this review in accordance with section 751(a)(1)(B) 
of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Common Alloy Aluminum Sheet from Croatia: Preliminary 
Results of Antidumping Duty Administrative Review; 2020-2022; 88 FR 
13095 (March 2, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Impol's Letter, ``Case Brief,'' dated April 3, 2023; see 
also Petitioner's Letter, ``Case Brief,'' dated April 3, 2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results in the 2020-2021 Antidumping Duty Administrative 
Review of Common Aluminum Alloy Sheet from Croatia,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order \4\
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    \4\ 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).
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    The product covered by this Order is CAAS from Croatia. A full 
description of the scope of the Order is contained in the Issues and 
Decision Memorandum.

Analysis of Comments Received

    The issues raised in the parties' case briefs are addressed in the 
Issues and Decision Memorandum and are listed in the appendix to this 
notice. 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 accessed directly at https://access.trade.gov/public/FRNNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on the comments received from interested parties and our 
examination of record information, we made changes to our preliminary 
dumping margin calculation for Impol. For a discussion of these 
changes, see the Issues and Decision Memorandum.

Final Results of Review

    As a result of this review, we determine the following weighted-
average dumping margin exists for the POR:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Impol d.o.o./Impol-TLM d.o.o.\5\...........................        3.76
------------------------------------------------------------------------

Disclosure
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    \5\ The final 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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    Commerce intends to disclose the calculations performed for these 
final results of review within five days of the date of publication of 
this notice in the Federal Register, in accordance with section 751(a) 
of the Act and 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1), 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 the final results of 
this review.
    Impol's weighted-average dumping margin is not de minimis (i.e., 
less than 0.50 percent). Therefore, Commerce has calculated 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.\6\ Where we did not have entered values 
for all U.S. sales to a particular importer, we have calculated 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. To determine whether an 
importer-specific, per-unit assessment rate is de minimis, in 
accordance with 19 CFR 351.106(c)(1), we have calculated an importer-
specific ad valorem ratio based on estimated entered values. Where 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\
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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).
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    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by the company included in these 
final results of review for which the reviewed company did not know 
that the merchandise it sold to the intermediary (e.g., a reseller, 
trading company, or exporter) was destined for the United States. In 
such instance, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\8\
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    \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 expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following 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 Impol will be 
equal to the weighted-average dumping margin established in the final 
results of this review; (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.\9\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \9\ See Order, 86 FR at 22142.
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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

[[Page 43281]]

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.

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(a)(3), 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 
the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: June 29, 2023.
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 Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Appropriately Limited Its Comparison 
Market Analysis
    Comment 2: Whether Commerce Should Weight Average and Match Home 
Market Sales to U.S. Sales by Month Instead of Quarter
VI. Recommendation

[FR Doc. 2023-14368 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P