[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Notices]
[Pages 48438-48440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15947]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-073, C-570-074]


Common Alloy Aluminum Sheet From the People's Republic of China: 
Affirmative Final Determination of Circumvention of the Antidumping and 
Countervailing Duty Orders; 4017 Aluminum Sheet

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of aluminum sheet produced from aluminum alloy 4017 (4017 
aluminum sheet) produced in the People's Republic of China (China) and 
exported to the United States constitutes merchandise altered in form 
or appearance in such minor respects that it should be included within 
the scope of the antidumping duty (AD) and countervailing duty (CVD) 
orders on common alloy aluminum sheet (CAAS) from China. As a result, 
4017 aluminum sheet will be subject to suspension of liquidation 
effective August 26, 2022.

DATES: Applicable July 27, 2023.

FOR FURTHER INFORMATION CONTACT: Frank Schmitt, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401

[[Page 48439]]

Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
4880.

SUPPLEMENTARY INFORMATION: 

Background

    On April 12, 2023, Commerce published the Preliminary Determination 
of the circumvention inquiry of the AD and CVD orders on CAAS from 
China \1\ with respect to 4017 aluminum sheet, produced in China and 
exported to the United States.\2\ Although we invited parties to 
comment on the Preliminary Determination of this inquiry, we received 
no comments. We notified the U.S. International Trade Commission (ITC) 
of our preliminary determination and did not receive a request for 
consultation from the ITC.\3\ Commerce conducted this circumvention 
inquiry pursuant to section 781(copyright) of the Tariff Act of 1930, 
as amended (the Act), and 19 CFR 351.226(j).
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    \1\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019); 
and Common Alloy Aluminum Sheet from the People's Republic of China: 
Antidumping Duty Order, 84 FR 2813 (February 8, 2019) (collectively, 
Orders).
    \2\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Preliminary Affirmative Determination of Circumvention, 88 
FR 21998 (April 12, 2023) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum (PDM).
    \3\ See Commerce's Letter, ``Common Alloy Aluminum Sheet from 
the People's Republic of China: Preliminary Affirmative 
Determination of Circumvention for 4017 Aluminum Sheet of the 
Antidumping and Countervailing Duty Orders,'' dated April 7, 2023.
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Scope of the Orders

    The merchandise covered by the Orders is aluminum common alloy 
sheet (common alloy sheet), which is a flat-rolled aluminum product 
having a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils 
or cut-to-length, regardless of width. Common alloy sheet within the 
scope of the Orders includes both not clad aluminum sheet, as well as 
multi-alloy, clad aluminum sheet. With respect to not clad aluminum 
sheet, common alloy sheet is manufactured from a 1XXX-, 3XXX-, or 5XXX-
series alloy as designated by the Aluminum Association. With respect to 
multi-alloy, clad aluminum sheet, common alloy sheet is produced from a 
3XXX-series core, to which cladding layers are applied to either one or 
both sides of the core.
    Common alloy sheet may be made to ASTM specification B209-14, but 
can also be made to other specifications. Regardless of specification, 
however, all common alloy sheet meeting the scope description is 
included in the scope. Subject merchandise includes common alloy sheet 
that has been further processed in a third country, including but not 
limited to annealing, tempering, painting, varnishing, trimming, 
cutting, punching, and/or slitting, or any other processing that would 
not otherwise remove the merchandise from the scope of the Orders if 
performed in the country of manufacture of the common alloy sheet.
    Excluded from the scope of the Orders is aluminum can stock, which 
is suitable for use in the manufacture of aluminum beverage cans, lids 
of such cans, or tabs used to open such cans. Aluminum can stock is 
produced to gauges that range from 0.200 mm to 0.292 mm, and has an H-
19, H-41, H-48, or H-391 temper. In addition, aluminum can stock has a 
lubricant applied to the flat surfaces of the can stock to facilitate 
its movement through machines used in the manufacture of beverage cans. 
Aluminum can stock is properly classified under Harmonized Tariff 
Schedule of the United States (HTSUS) subheadings 7606.12.3045 and 
7606.12.3055.
    Where the nominal and actual measurements vary, a product is within 
the scope if application of either the nominal or actual measurement 
would place it within the scope based on the definitions set for the 
above.
    Common alloy sheet is currently classifiable under HTSUS 
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3090, 7606.12.6000, 
7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Further, 
merchandise that falls within the scope of the Orders may also be 
entered into the United States under HTSUS subheadings 7606.11.3030, 
7606.12.3030, 7606.91.3060, 7606.91.6040, 7606.92.3060, 7606.92.6040, 
7607.11.9090. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of the Orders is dispositive.

Merchandise Subject to the Circumvention Inquiry

    This circumvention inquiry covers aluminum sheet produced in China 
from aluminum alloy 4017 and exported to the United States. A complete 
description of the merchandise subject to the circumvention inquiry is 
contained in the Preliminary Decision Memorandum.\4\
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    \4\ See Preliminary Determination, PDM.
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Methodology

    We conducted this circumvention inquiry pursuant to section 781(c) 
of the Act and 19 CFR 351.226(j). For a complete description of the 
methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum. The Preliminary 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 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Affirmative Final Determination of Circumvention

    As detailed in the Preliminary Determination,\5\ we determine, on 
the basis of facts available with an adverse inference, that 4017 
aluminum sheet produced in China and exported to the United States 
constitutes merchandise altered in form or appearance in such minor 
respects that it should be included within the scope of the Orders, 
pursuant to section 781(c) of the Act and 19 CFR 351.226(j). Commerce 
continues to apply this affirmative circumvention finding on a country-
wide basis. Because we received no comments regarding our Preliminary 
Determination, our final determination remains unchanged from our 
Preliminary Determination. Therefore, we determine that it is 
appropriate to include this merchandise within the scope of the Orders 
and to instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend any entries of 4017 aluminum sheet produced in China and 
exported to the United States.
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    \5\ Id.
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Suspension of Liquidation

    In accordance with 19 CFR 351.226(l)(3), based on this final 
determination in this circumvention inquiry, Commerce will direct CBP 
to begin or continue to suspend liquidation and to require cash 
deposits of estimated duties equal to the AD and CVD rates in effect 
for CAAS from China for each unliquidated entry of 4017 aluminum sheet 
produced in China and exported to the United States that has been 
entered, or withdrawn from warehouse, for consumption on or after 
August 26, 2022.\6\ The suspension of liquidation and cash deposit

[[Page 48440]]

requirements will remain in effect until further notice.
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    \6\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Initiation of Circumvention Inquiry of the Antidumping and 
Countervailing Duty Orders--4017 Aluminum Sheet, 87 FR 52509 (August 
26, 2022).
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Administrative Protective Order

    This notice will serve as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/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

    This determination is published in accordance with section 781(c) 
of the Act and 19 CFR 351.226(g)(2).

    Dated: July 21, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-15947 Filed 7-26-23; 8:45 am]
BILLING CODE 3510-DS-P