[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Notices]
[Pages 73316-73321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23530]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-156, A-588-881]


Aluminum Lithographic Printing Plates From the People's Republic 
of China and Japan: Initiation of Less-Than-Fair-Value Investigations

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

DATES: Applicable October 18, 2023.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros (the People's 
Republic of China (China)) and Adam Simons (Japan), AD/CVD Operations, 
Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-7425 and (202) 482-6172, 
respectively.

SUPPLEMENTARY INFORMATION:

The Petitions

    On September 28, 2023, the U.S. Department of Commerce (Commerce) 
received antidumping duty (AD) petitions concerning imports of aluminum 
lithographic printing plates (printing plates) from China and Japan 
filed in proper form on behalf of Eastman Kodak Company (the 
petitioner).\1\ These AD petitions were accompanied by a countervailing 
duty (CVD) petition concerning imports of printing plates from 
China.\2\
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    \1\ See Petitioner's Letter, ``Aluminum Lithographic Printing 
Plates from China and Japan--Petition for the Imposition of 
Antidumping and Countervailing Duties,'' dated September 28, 2023 
(Petitions).
    \2\ Id.
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    On October 2, 3, and 12, 2023, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions.\3\ On 
October 5, 6, and 13, 2023, the petitioner filed timely responses to 
these requests for additional information.\4\
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    \3\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Aluminum 
Lithographic Printing Plates from the People's Republic of China and 
Japan: Supplemental Questions,'' dated October 2, 2023 (General 
Issues Questionnaire); ``Petition for the Imposition of Antidumping 
Duties on Imports of Aluminum Lithographic Printing Plates from the 
People's Republic of China: Supplemental Questions,'' dated October 
3, 2023; ``Petition for the Imposition of Antidumping Duties on 
Imports of Aluminum Lithographic Printing Plates from Japan: 
Supplemental Questions,'' dated October 3, 2023; and Memorandum, 
``Phone Call with Counsel to the Petitioner,'' dated October 12, 
2023.
    \4\ See Petitioner's Letters, ``Aluminum Lithographic Printing 
Plates from China and Japan--Petitioner's Supplement to Volume I 
Relating to Request for the Imposition of Antidumping and 
Countervailing Duties on Imports from China and Japan,'' dated 
October 5, 2023 (General Issues Supplement); ``Aluminum Lithographic 
Printing Plates from the People's Republic of China--Petitioner's 
Responses to Supplemental Questions Related to Volume II of the 
Petition,'' dated October 6, 2023; ``Aluminum Lithographic Printing 
Plates from Japan--Petitioner's Responses to Supplemental Questions 
Related to Volume III of the Petition,'' dated October 2023; 
``Aluminum Lithographic Printing Plates from the People's Republic 
of China--Petitioner's Response to 2nd Supplemental Questionnaire 
Related to Volume II of the Petition,'' dated October 13, 2023; and 
``Aluminum Lithographic Printing Plates from Japan--Petitioner's 
Response to 2nd Supplemental Questionnaire Related to Volume III of 
the Petition,'' dated October 13, 2023.

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[[Page 73317]]

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of printing 
plates from China and Japan are being, or are likely to be, sold in the 
United States at less than fair value (LTFV) within the meaning of 
section 731 of the Act, and that imports of such products are 
materially injuring, or threatening material injury to, the printing 
plates industry in the United States. Consistent with section 732(b)(1) 
of the Act, the Petitions are accompanied by information reasonably 
available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(C) of the Act.\5\ Commerce also finds that 
the petitioner demonstrated sufficient industry support for the 
initiation of the requested AD investigations.\6\
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    \5\ See Petitions at Volume I (page 2).
    \6\ See, infra, section on ``Determination of Industry Support 
for the Petitions.''
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Periods of Investigation

    Because the Petitions were filed on September 28, 2023, pursuant to 
19 CFR 351.204(b)(1), the period of investigation (POI) for the Japan 
AD investigation is July 1, 2022, through June 30, 2023. Because China 
is a non-market economy (NME) country, pursuant to 19 CFR 
351.204(b)(1), the POI for the China AD investigation is January 1, 
2023, through June 30, 2023.

Scope of the Investigations

    The products covered by these investigations are printing plates 
from China and Japan. For a full description of the scope of these 
investigations, see the appendix to this notice.

Comments on the Scope of the Investigations

    On October 2, 2023, Commerce requested further information and 
clarification from the petitioner regarding the proposed scope to 
ensure that the scope language in the Petitions is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\7\ On October 5, 2023, the petitioner revised the scope.\8\ The 
description of merchandise covered by these investigations, as 
described in the appendix to this notice, reflects these 
clarifications.
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    \7\ See General Issues Questionnaire.
    \8\ See General Issues Supplement at 2-7 and Attachments 1-3.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for parties to raise issues regarding product 
coverage (i.e., scope).\9\ Commerce will consider all scope comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information,\10\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on November 
7, 2023, which is 20 calendar days from the signature date of this 
notice. Any rebuttal comments, which may include factual information, 
must be filed by 5:00 p.m. ET on November 17, 2023, which is ten 
calendar days from the initial comment deadline.
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    \9\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 
351.312.
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
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    Commerce requests that any factual information that the parties 
consider relevant to the scope of these investigations be submitted 
during that period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All such 
submissions must be filed on the records of each of the concurrent AD 
and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\11\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance: Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014), for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of printing plates to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant factors of 
production (FOP) or costs of production (COP) accurately, as well as to 
develop appropriate product comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) general product 
characteristics; and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe printing plates, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, Commerce attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on November 7, 
2023, which is 20 calendar days from the signature date of this 
notice.\12\ Any rebuttal comments must be filed by 5:00 p.m. ET on 
November 17, 2023, which is ten calendar days from the initial comment 
deadline. All comments and submissions to Commerce must be filed 
electronically using ACCESS, as explained above, on the record of both 
of the AD investigations.
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    \12\ See 19 CFR 351.303(b)(1).

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[[Page 73318]]

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\13\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\14\
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    \13\ See section 771(10) of the Act.
    \14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United 
States, 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\15\ Based on our analysis of the information 
submitted on the record, we have determined that printing plates, as 
defined in the scope, constitute a single domestic like product, and we 
have analyzed industry support in terms of that domestic like 
product.\16\
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    \15\ See Petitions at Volume I (pages 14-16); see also General 
Issues Supplement at 7-8.
    \16\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Antidumping Duty Investigation Initiation Checklists: Aluminum 
Lithographic Printing Plates from the People's Republic of China and 
Japan, dated concurrently with this notice (China AD Initiation 
Checklist and Japan AD Initiation Checklist, collectively Country-
Specific AD Initiation Checklists), at Attachment II, Analysis of 
Industry Support for the Antidumping and Countervailing Duty 
Petitions Covering Aluminum Lithographic Printing Plates from the 
People's Republic of China and Japan (Attachment II).
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own production of printing plates in 2022 and compared this to the 
estimated total 2022 production of the domestic like product for the 
entire U.S. industry.\17\ We relied on data provided by the petitioner 
for purposes of measuring industry support.\18\
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    \17\ See Petitions at Volume I (pages 3-4 and Exhibits GEN-1 and 
GEN-2); see also General Issues Supplement at 8 and Attachment 4.
    \18\ Id. For further discussion, see Attachment II of the 
Country-Specific AD Initiation Checklists.
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    Our review of the data provided in the Petitions, General Issues 
Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petitions.\19\ First, the Petitions established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\20\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petitions account for at least 25 percent of the total 
production of the domestic like product.\21\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petitions account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petitions.\22\ Accordingly, Commerce determines that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.\23\
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    \19\ See Petitions at Volume I (pages 3-4 and Exhibits GEN-1 and 
GEN-2); see also General Issues Supplement at 8 and Attachment 4. 
For further discussion, see Attachment II of the Country-Specific AD 
Initiation Checklists.
    \20\ See Attachment II of the Country-Specific AD Initiation 
Checklists; see also section 732(c)(4)(D) of the Act.
    \21\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \22\ Id.
    \23\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\24\
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    \24\ See Petitions at Volume I (page 17 and Exhibit GEN-8).
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
declining market share; underselling and price suppression; lost sales 
and revenues; plant closures; declining employment variables; and 
adverse impact on financial performance.\25\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence, and meet the statutory requirements for initiation.\26\
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    \25\ Id. at Volume I (pages 17-35 and Exhibits GEN-1 through 
GEN-3, GEN-6, and GEN-8 through GEN-13); see also General Issues 
Supplement at 8-10 and Attachment 5.
    \26\ See Country-Specific AD Initiation Checklists at Attachment 
III, Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Aluminum Lithographic Printing Plates from the People's 
Republic of China and Japan.

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[[Page 73319]]

Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate AD investigations of 
imports of printing plates from China and Japan. The sources of data 
for the deductions and adjustments relating to U.S. price and normal 
value (NV) are discussed in greater detail in the Country-Specific AD 
Initiation Checklists.

U.S. Price

    For China and Japan, the petitioner based export price (EP) on 
pricing information for sales of, or offers for sale of, printing 
plates produced in and exported from each country. The petitioner made 
certain adjustments to U.S. price to calculate a net ex-factory U.S. 
price, where applicable.\27\
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    \27\ See Country-Specific AD Initiation Checklists.
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Normal Value 28
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    \28\ In accordance with section 773(b)(2) of the Act, for the 
Japan investigation, Commerce will request information necessary to 
calculate the constructed value (CV) and COP to determine whether 
there are reasonable grounds to believe or suspect that sales of the 
foreign like product have been made at prices that represent less 
than the COP of the product.
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    For Japan, the petitioner based NV on home pricing information for 
printing plates produced and sold in Japan during the applicable time 
period and made certain adjustments to home market price to calculate a 
net ex-factory home market price, where appropriate.\29\
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    \29\ See Japan AD Initiation Checklist.
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    Commerce considers China to be an NME country.\30\ In accordance 
with section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by 
Commerce. Therefore, we continue to treat China as an NME country for 
purposes of the initiation of these investigations. Accordingly, we 
base NV on FOPs valued in a surrogate market economy country in 
accordance with section 773(c) of the Act.
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    \30\ See, e.g., Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value and Preliminary 
Affirmative Determination of Critical Circumstances, 88 FR 15372 
(March 13, 2023), and accompanying Preliminary Decision Memorandum 
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Final Affirmative Determination 
of Sales at Less-Than-Fair Value and Final Affirmative Determination 
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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    The petitioner claims that Turkey is an appropriate surrogate 
country for China because it is a market economy that is at a level of 
economic development comparable to that of China and is a significant 
producer of comparable merchandise.\31\ The petitioner provided 
publicly available information from Turkey to value all FOPs.\32\ Based 
on the information provided by the petitioner, we believe it is 
appropriate to use Turkey as a surrogate country to value all FOPs for 
initiation purposes.
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    \31\ See China AD Initiation Checklist.
    \32\ Id.
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    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    Because information regarding the volume of inputs consumed by 
Chinese producers/exporters was not reasonably available, the 
petitioner used its own product-specific consumption rates as a 
surrogate to value Chinese manufacturers' FOPs.\33\ Additionally, the 
petitioner calculated factory overhead; selling, general and 
administrative expenses; and profit based on the experience of a 
Turkish producer of comparable merchandise.\34\
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    \33\ Id.
    \34\ Id.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of printing plates from China and Japan are being, 
or are likely to be, sold in the United States at LTFV. Based on 
comparisons of EP to NV, in accordance with sections 772 and 773 of the 
Act, the estimated dumping margins for printing plates for both of the 
countries covered by this initiation are as follows: (1) China--107.62 
percent; and Japan--23.46 percent.\35\
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    \35\ See Country-Specific AD Initiation Checklists.
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Initiation of LTFV Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating AD investigations to determine 
whether imports of printing plates from China and Japan are being, or 
are likely to be, sold in the United States at LTFV. For a full 
discussion of the basis for our decisions to initiate these AD 
investigations, see the Country-Specific AD Initiation Checklists. 
Public versions of the initiation checklists for these investigations 
are available on ACCESS. In accordance with section 733(b)(1)(A) of the 
Act and 19 CFR 351.205(b)(1), unless postponed, we will make our 
preliminary determinations no later than 140 days after the date of 
these initiations.

Respondent Selection

Japan

    In the Petitions, the petitioner identified five companies in Japan 
as producers/exporters of printing plates.\36\ Following standard 
practice in AD investigations involving market economy countries, in 
the event Commerce determines that the number of exporters or producers 
is large such that Commerce cannot individually examine each company 
based on its resources, where appropriate, Commerce intends to select 
mandatory respondents in the Japan case based on U.S. Customs and 
Border Protection (CBP) data for U.S. imports under the appropriate 
Harmonized Tariff Schedule of the United States subheadings listed in 
the ``Scope of the Investigations,'' in the appendix.
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    \36\ See Petitions at Volume I (page 13 and Exhibit GEN-5).
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    On October 12, 2023, Commerce released CBP data on imports of 
printing plates from Japan under administrative protective order (APO) 
to all parties with access to information protected by APO and 
indicated that interested parties wishing to comment on CBP data and/or 
respondent selection must do so within three business days of the 
publication date of the notice of initiation of these 
investigations.\37\ Comments must be filed electronically using ACCESS. 
An electronically-filed document must be received successfully in its 
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Commerce 
will not accept rebuttal comments regarding the CBP data or respondent 
selection.
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    \37\ See Memorandum, ``Aluminum Lithographic Printing Plates 
from Japan Antidumping Duty Petition: Release of U.S. Customs and 
Border Protection Entry Data,'' dated October 12, 2023.
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China

    In the Petitions, the petitioner named eight companies in China as 
producers and/or exporters of printing plates.\38\ In accordance with 
our standard practice for respondent selection in AD investigations 
involving NME countries, Commerce selects respondents based on quantity 
and value (Q&V) questionnaires in cases where it has determined that 
the number of companies is large and it cannot individually examine 
each company

[[Page 73320]]

based upon its resources. Therefore, considering the number of 
producers and/or exporters identified in the Petition, Commerce will 
solicit Q&V information that can serve as a basis for selecting 
exporters for individual examination in the event that Commerce decides 
to limit the number of respondents individually examined pursuant to 
section 777A(c)(2) of the Act. Because there are eight Chinese 
producers and/or exporters identified in the Petitions, Commerce has 
determined that it will issue Q&V questionnaires to each potential 
respondent for which the petitioner has provided a complete address.
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    \38\ See Petitions at Volume I (page 13 and Exhibit GEN-5).
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    In addition, Commerce will post the Q&V questionnaire along with 
filing instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of printing plates from 
China that do not receive Q&V questionnaires may still submit a 
response to the Q&V questionnaire and can obtain a copy of the Q&V 
questionnaire from Commerce's website. In accordance with the standard 
practice for respondent selection in AD cases involving NME countries, 
in the event Commerce decides to limit the number of respondents 
individually investigated, Commerce intends to base respondent 
selection on the responses to the Q&V questionnaire that it receives.
    Responses to the Q&V questionnaire must be submitted by the 
relevant Chinese producers/exporters no later than 5:00 p.m. ET on 
November 1, 2023, which is two weeks from the signature date of this 
notice. All Q&V questionnaire responses must be filed electronically 
via ACCESS. An electronically filed document must be received 
successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on 
the deadline noted above.
    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). As stated above, instructions 
for filing such applications may be found on Commerce's website at 
https://www.trade.gov/administrative-protective-orders.

Separate Rates

    In order to obtain separate rate status in an NME investigation, 
exporters and producers must submit a separate rate application. The 
specific requirements for submitting a separate rate application in an 
NME investigation are outlined in detail in the application itself, 
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. The separate rate application will be 
due 30 days after publication of this initiation notice. Exporters and 
producers who submit a separate rate application and have been selected 
as mandatory respondents will be eligible for consideration for 
separate rate status only if they respond to all parts of Commerce's AD 
questionnaire as mandatory respondents. Commerce requires that 
companies from China submit a response both to the Q&V questionnaire 
and to the separate rate application by the respective deadlines in 
order to receive consideration for separate rate status. Companies not 
filing a timely Q&V questionnaire response will not receive separate 
rate consideration.

Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that {Commerce{time}  will now 
assign in its NME Investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the {weighted 
average{time}  of the individually calculated rates. This practice 
is referred to as the application of ``combination rates'' because 
such rates apply to specific combinations of exporters and one or 
more producers. The cash-deposit rate assigned to an exporter will 
apply only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\39\
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    \39\ See Enforcement and Compliance's Policy Bulletin 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigation involving NME Countries,'' (April 
5, 2005) at 6 (emphasis added), available on Commerce's website at 
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Distribution of Copies of the AD Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the AD Petitions have been 
provided to the governments of China and Japan via ACCESS. To the 
extent practicable, we will attempt to provide a copy of the public 
version of the AD Petitions to each exporter named in the AD Petitions, 
as provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the AD Petitions were filed, whether there is a reasonable 
indication that imports of printing plates from China and/or Japan are 
materially injuring, or threatening material injury to, a U.S. 
industry.\40\ A negative ITC determination for either country will 
result in the investigation being terminated with respect to that 
country.\41\ Otherwise, these AD investigations will proceed according 
to statutory and regulatory time limits.
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    \40\ See section 733(a) of the Act.
    \41\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \42\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\43\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in these investigations.
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    \42\ See 19 CFR 351.301(b).
    \43\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production

[[Page 73321]]

in the ordinary course of trade, the administering authority may use 
another calculation methodology under this subtitle or any other 
calculation methodology.'' When an interested party submits a PMS 
allegation pursuant to section 773(e) of the Act, Commerce will respond 
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If 
Commerce finds that a PMS exists under section 773(e) of the Act, then 
it will modify its dumping calculations appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set 
a deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's initial 
section D questionnaire response.

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301.\44\ For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, Commerce may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, Commerce will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning the 
extension of time limits and the Time Limits Final Rule prior to 
submitting factual information in these investigations.\45\
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    \44\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
    \45\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\46\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\47\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \46\ See section 782(b) of the Act.
    \47\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional 
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letter of 
appearance). Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\48\
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    \48\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020). Additionally, note that Commerce has modified its 
regulations to make permanent certain changes to its service 
procedures that were adopted on a temporary basis due to COVID-19, 
as well as additional clarifications and corrections to its AD/CVD 
regulations. Effective October 30, 2023, these changes will apply to 
all AD/CVD proceedings that are ongoing on the effective date and 
all AD/CVD proceedings initiated on or after the effective date. See 
Administrative Protective Order, Service, and Other Procedures in 
Antidumping and Countervailing Duty Proceedings, 88 FR 67069 
(September 29, 2023).
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    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: October 18, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigations

    The merchandise covered by these investigations is aluminum 
lithographic printing plates. Aluminum lithographic printing plates 
consist of a flat substrate containing at least 90 percent aluminum. 
The aluminum-containing substrate is generally treated using a 
mechanical, electrochemical, or chemical graining process, which is 
followed by one or more anodizing treatments that form a hydrophilic 
layer on the aluminum-containing substrate. An image-recording, 
oleophilic layer that is sensitive to light, including but not 
limited to ultra-violet, visible, or infrared, is dispersed in a 
polymeric binder material that is applied on top of the hydrophilic 
layer, generally on one side of the aluminum lithographic printing 
plate. The oleophilic light-sensitive layer is capable of capturing 
an image that is transferred onto the plate by either light or heat. 
The image applied to an aluminum lithographic printing plate 
facilitates the production of newspapers, magazines, books, 
yearbooks, coupons, packaging, and other printed materials through 
an offset printing process, where an aluminum lithographic printing 
plate facilitates the transfer of an image onto the printed media. 
Aluminum lithographic printing plates within the scope of these 
investigations include all aluminum lithographic printing plates, 
irrespective of the dimensions or thickness of the underlying 
aluminum substrate, whether the plate requires processing after an 
image is applied to the plate, whether the plate is ready to be 
mounted to a press and used in printing operations immediately after 
an image is applied to the plate, or whether the plate has been 
exposed to light or heat to create an image on the plate or remains 
unexposed and is free of any image.
    Subject merchandise also includes aluminum lithographic printing 
plates produced from an aluminum sheet coil that has been coated 
with a light-sensitive image-recording layer in a subject country 
and that is subsequently unwound and cut to the final dimensions to 
produce a finished plate in a third country (including the United 
States), or exposed to light or heat to create an image on the plate 
in a third country (including in a foreign trade zone within the 
United States).
    Excluded from the scope of these investigations are lithographic 
printing plates manufactured using a substrate produced from a 
material other than aluminum, such as rubber or plastic.
    Aluminum lithographic printing plates are currently classifiable 
under Harmonized Tariff of the United States (HTSUS) subheadings 
3701.30.0000 and 3701.99.6060. Further, merchandise that falls 
within the scope of these investigations may also be entered into 
the United States under HTSUS subheadings 3701.99.3000 and 
8442.50.1000. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope of these investigations is dispositive.

[FR Doc. 2023-23530 Filed 10-24-23; 8:45 am]
BILLING CODE 3510-DS-P