[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76722-76724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24598]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-820]


Common Alloy Aluminum Sheet From Spain: 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) determines that 
common alloy aluminum sheet (aluminum sheet) from Spain was sold in the 
United States at less than normal value during the period of review 
(POR), October 15, 2020, through March 31, 2022.

DATES: Applicable November 7, 2023.

FOR FURTHER INFORMATION CONTACT: Colin Thrasher, 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) 482-3004.

SUPPLEMENTARY INFORMATION: 

Background

    On May 5, 2023, Commerce published the Preliminary Results covering 
one producer/exporter, Compania Valenciana de Aluminio Baux, S.L.U./
Bancolor Baux, S.L.U. (collectively, Baux).\1\ We invited interested 
parties to comment on the Preliminary Results. On August 10, 2023, 
Commerce extended the time period for issuing the final results of this 
review until November 1, 2023.\2\ For a complete description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\3\
---------------------------------------------------------------------------

    \1\ See Common Alloy Aluminum Sheet from Spain: Preliminary 
Results of Antidumping Duty Administrative Review; 2020-2022, 88 FR 
29090 (May 5, 2023) (Preliminary Results) and accompanying 
Preliminary Decision Memorandum. Commerce previously determined that 
Baux is a single 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. (Bancolor). 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) (Final Determination), and accompanying Issues and Decision 
Memorandum.
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review, 2020-2022,'' dated August 
10, 2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order: Common Alloy Aluminum Sheet from Spain; 2020-2022,'' dated 
concurrently with and hereby adopted by this notice (Issues and 
Decision Memorandum).

---------------------------------------------------------------------------

[[Page 76723]]

    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order 4
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised and to which we responded in the Issues and Decision Memorandum 
is attached to this notice as an appendix. 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/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties, we have recalculated the weighted-average dumping 
margin for Baux. We have used updated sales databases and made certain 
additional changes as a result of verification in determining Baux's 
dumping margin. For a more detailed discussion of these changes, see 
the Issues and Decision Memorandum.

Final Results of Review

    Commerce determines that the following estimated 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             10.38
 Baux, S.L.U..............................................
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with the final results within five days of any 
public announcement or, if there is no public announcement, within five 
days of the date of publication of the notice of final determination in 
the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review.
    Because Baux's weighted-average dumping margin is not zero or de 
minimis (i.e., less than 0.5 percent), Commerce has calculated 
importer-specific antidumping duty assessment rates. We calculated 
importer-specific ad valorem assessment rates based on the ratio of the 
total amount of dumping calculated for the examined sales to the total 
entered value of the sales. Where an importer-specific assessment rate 
is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
    For entries of subject merchandise during the POR produced by Baux 
for which it did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate established in the original less-than-fair value (LTFV) 
investigation of 3.80 percent if there is no rate for the intermediate 
company(ies) involved in the transaction.\5\
---------------------------------------------------------------------------

    \5\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003); see also Final Determination.
---------------------------------------------------------------------------

    We intend to instruct CBP to take into account the ``provisional 
measures deposit cap,'' in accordance with 19 CFR 351.212(d).
    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 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 will be the 
rate established in the final results of this administrative review; 
(2) for merchandise exported by producers or exporters not covered in 
this administrative 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; (3) if the exporter is not a firm covered in this review, a 
prior review, or the LTFV investigation, but the producer is, the cash 
deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the producer of the subject 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 3.80 percent, the all-others rate 
established in the LTFV investigation.\6\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \6\ See Final Determination.
---------------------------------------------------------------------------

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 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 has occurred and the subsequent assessment of 
double antidumping duties.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
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

[[Page 76724]]

notification of the 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

    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) 
and 19 CFR 351.213(h)(1).

    Dated: November 1, 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 Should Grant Baux a Level of Trade 
Adjustment
    Comment 2: Whether Commerce Should Use Baux's Updated Databases
VI. Recommendation

[FR Doc. 2023-24598 Filed 11-6-23; 8:45 am]
BILLING CODE 3510-DS-P