[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Notices]
[Pages 49446-49448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16093]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-849]


Common Alloy Aluminum Sheet From Germany: Notice of Initiation of 
Changed Circumstances Review, and Consideration of Revocation, in Part, 
of the Antidumping Duty Order

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

SUMMARY: Based on a request from Eastman Kodak Company (Kodak), the 
U.S. Department of Commerce (Commerce) is initiating a changed 
circumstances review to consider the possible revocation, in part, of 
the antidumping duty (AD) order on common alloy aluminum sheet (CAAS) 
from Germany with respect to certain lithographic-grade aluminum sheet.

DATES: Applicable July 31, 2023.

FOR FURTHER INFORMATION CONTACT:  Howard Smith, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5193.

SUPPLEMENTARY INFORMATION: 

Background

    On April 27, 2021, Commerce published AD orders on CAAS from 
multiple countries, including Germany.\1\ On May 9, 2023, Kodak, a U.S. 
importer of subject merchandise, requested that Commerce conduct a 
changed circumstances review (CCR) and revoke, in part, the CAAS AD 
Order on Germany with respect to certain lithographic-grade aluminum 
sheet pursuant to section 751(b)(1) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.216(b).\2\ On June 7, 2023, Commerce 
notified Kodak that its request for a CCR lacked certain information 
that was required in order for Commerce to consider the request.\3\ On 
June 9, 2023, Kodak amended its

[[Page 49447]]

request for a CCR by providing the information that Commerce 
requested.\4\ Specifically, Kodak provided a letter from the Aluminum 
Association Common Alloy Aluminum Sheet Trade Enforcement Working Group 
and its individual members \5\ (domestic producers) in which they 
stated that they ``do not oppose revocation of the antidumping order on 
CAAS from Germany with respect to the lithographic sheet for which 
Kodak is seeking a partial revocation in its request for a {changed 
circumstances review{time} .'' \6\
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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) (CAAS 
AD Order).
    \2\ See Kodak's Letter, ``Request for Expedited Changed 
Circumstances Review'' dated May 9, 2023 (Request for CCR).
    \3\ See Commerce's Letter, ``Request for Additional 
Information'' dated June 7, 2023.
    \4\ See Kodak's Letter, ``Supplemental Questionnaire Response'' 
dated June 9, 2023 (Kodak's Supplemental Questionnaire Response).
    \5\ 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; JW Aluminum Company; Novelis Corporation; 
and Texarkana Aluminum, Inc. See Kodak's Supplemental Questionnaire 
Response at Exhibit 1 at 2 and footnote 1.
    \6\ See Kodak's Supplemental Questionnaire Response at Exhibit 1 
at 2.
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    Scope of the CAAS AD Order
    The products covered by this order is common alloy aluminum 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 this order 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. 
The use of a proprietary alloy or non-proprietary alloy that is not 
specifically registered by the Aluminum Association as a discrete 1XXX-
, 3XXX-, or 5XXX-series alloy, but that otherwise has a chemistry that 
is consistent with these designations, does not remove an otherwise in-
scope product from the scope.
    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 this order if 
performed in the country of manufacture of the common alloy sheet.
    Excluded from the scope of this order 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, H-39, 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, 7606.12.3096, 7606.12.6000, 
7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, 
merchandise that falls within the scope of this order may also be 
entered into the United States under HTSUS subheadings 7606.11.3030, 
7606.12.3015, 7606.12.3025, 7606.12.3035, 7606.12.3091, 7606.91.3055, 
7606.91.6055, 7606.92.3025, 7606.92.6055, 7607.11.9090. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of this order is dispositive.

Proposed Partial Revocation of the CAAS AD Order on Germany

    Kodak proposes that the CAAS AD Order on Germany be revoked, in 
part, with respect to lithographic-grade aluminum sheet and that 
Commerce amend the scope to include the following language:

    Also excluded from the scope is lithographic-grade aluminum 
sheet. To be excluded, the lithographic-grade aluminum sheet must 
meet the following criteria: (i) a Copper (Cu) content of no more 
than 0.01 percent, a Zinc (Zn) content of <=0.05%, a Silicon (Si) 
content of 0.05%-0.20% and an Iron (Fe) content of 0.30%-0.50%; (ii) 
a thickness between 0.267 mm-0.3705 mm, (iii) a width of 500 mm-1650 
mm, (iv) a maximum wave height of no more than 3.0 mm, (v) a tensile 
strength of 130 MPa or more (after baking), and (vi) a surface 
roughness less than or equal to Ra 0.26 [micro]m.
    The designation of a product as ``lithographic-grade'' indicates 
the acceptability of the product for use in the production of 
lithographic printing plates. Importers of lithographic-grade 
aluminum sheet are required to maintain a certification of end use 
that certifies the imported lithographic-grade aluminum sheet will 
be used only in the production of lithographic printing plates. 
Importers of lithographic-grade aluminum sheet are required to 
maintain a copy of the end-use certifications and to provide them at 
the request of U.S. Customs and Border Protection or the U.S. 
Department of Commerce.\7\
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    \7\ See Request for CCR at 3.
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Initiation of Partial Revocation Changed Circumstances Review

    Pursuant to section 751(b) of the Act, Commerce will conduct a CCR 
upon receipt of a request from an interested party \8\ that shows 
changed circumstances sufficient to warrant a review of an order. In 
accordance with 19 CFR 351.216(d), Commerce determines that the 
information submitted by Kodak, and the domestic producers' \9\ 
statement of no opposition to the partial revocation of the CAAS AD 
Order on Germany with respect to the product described by Kodak, which 
is the changed circumstance under consideration, constitute a 
sufficient basis to conduct a changed circumstances review of the CAAS 
AD Order on Germany.
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    \8\ Kodak reported in its May 9, 2023, request for a changed 
circumstances review that it is an importer of the lithographic-
grade aluminum sheet that is the subject of its request. As such, 
Kodak is an interested party pursuant to 19 CFR 351.102(b)(29).
    \9\ The domestic producers qualify as interested parties under 
section 771 9(C) of the Act and 19 CFR 351.102(29)(v).
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    Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide 
that Commerce may revoke an order (in whole or in part) if it 
determines that producers accounting for substantially all the 
production of the domestic like product have expressed a lack of 
interest in the order, in whole or in part. Commerce has interpreted 
``substantially all'' to mean producers accounting for at least 85 
percent of the total U.S. production of the domestic like product 
covered by the order.\10\ In addition, in the event that Commerce 
determines that expedited action is

[[Page 49448]]

warranted, 19 CFR 351.221(c)(3)(ii) permits Commerce to combine the 
notices of initiation and preliminary results of a changed 
circumstances review.
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    \10\ See, e.g., Certain Cased Pencils from the People's Republic 
of China: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, and Intent To Revoke Order in Part, 77 
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from 
the People's Republic of China: Final Results of Antidumping Duty 
Changed Circumstances Review, and Determination To Revoke Order, in 
Part, 77 FR 53176 (August 31, 2012).
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    The domestic producers stated that they ``do not oppose revocation 
of the {CAAS AD Order{time}  on Germany with respect to the 
lithographic-grade aluminum sheet for which Kodak is seeking a partial 
revocation in its request for a {CCR{time} .'' \11\ However, there is 
no contemporaneous information on the record demonstrating that the 
domestic producers who are not opposed to Kodak's request currently 
account for substantially all the U.S. production of the domestic like 
product covered by the CAAS AD Order on Germany. Therefore, we are not 
combining this notice of initiation with the preliminary results of the 
changed circumstances review, pursuant to 19 CFR 351.221(c)(3)(ii).
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    \11\ See Kodak's Supplemental Questionnaire Response at Exhibit 
1 at 2.
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    Additionally, Commerce has concerns about implementing end-use 
certificates in connection with the requested partial revocation, as 
suggested by Kodak.\12\ For this reason, we placed on the record a 
memorandum to the file in which we provide proposed revisions to 
Kodak's exclusion language to remove references to end-use 
certificates.\13\ We will consider the appropriate exclusion language, 
as well as interested parties' comments on Commerce's proposed 
exclusion language, before issuing the preliminary results of this CCR.
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    \12\ See Request for CCR at 3.
    \13\ See Memorandum, ``Proposed Exclusion Language,'' dated 
concurrently with this notice (Exclusion Language Memorandum).
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Public Comment

    Interested parties are invited to provide comments and factual 
information regarding this CCR, including comments on domestic industry 
support for the partial revocation, Commerce's proposed exclusion 
language, and the use of end-use certificates. Comments and factual 
information may be submitted to Commerce no later than 30 days after 
the date of publication of this notice in the Federal Register. 
Rebuttal comments and rebuttal factual information may be filed with 
Commerce no later than seven days after the comments and factual 
information are filed.\14\
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    \14\ Submissions of rebuttal factual information must comply 
with 19 CFR 351.301(b)(2).
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    All submissions must be filed electronically using Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS).\15\ An electronically filed document must be 
received successfully in its entirety by ACCESS, by 5 p.m. Eastern Time 
on the due dates set forth in this notice. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information until further notice.\16\
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    \15\ See, generally, 19 CFR 351.303.
    \16\ 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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Preliminary Results of the Review

    Commerce intends to publish notice of the preliminary results of 
this CCR in the Federal Register in accordance with 19 CFR 
351.221(b)(4) and (c)(3)(i). Commerce will set forth its preliminary 
factual and legal conclusions in that notice.

Final Results of the Review

    Unless extended, Commerce will issue the final results of this 
changed circumstances review in accordance with the time limits set 
forth in 19 CFR 351.216(e).

Notification to Interested Parties

    This initiation notice is published in accordance with section 
751(b)(1) of the Act and 19 CFR 351.221(b)(1).

    Dated: July 24, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-16093 Filed 7-28-23; 8:45 am]
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