[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Notices]
[Pages 77556-77558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24928]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-849]


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

DATES: Applicable November 13, 2023.

FOR FURTHER INFORMATION CONTACT: Drew Jackson or Jonathan Hill, 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) 482-4406 or (202) 482-3518, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 10, 2023, Commerce published notice of the Preliminary 
Results of this review in the Federal Register and invited interested 
parties to comment on those results.\1\ For details regarding the 
events that occurred subsequent to publication of

[[Page 77557]]

Preliminary Results, see the Issues and Decision Memorandum.\2\
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    \1\ See Common Alloy Aluminum Sheet from Germany: Preliminary 
Results of Antidumping Duty Administrative Review; 2020-2022, 88 FR 
30087 (May 10, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Common Alloy Aluminum Sheet from Germany; 2020-2022,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).

Scope of the Order 3
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    \3\ 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 the Order is common alloy aluminum sheet 
from Germany. Common alloy sheet is currently classifiable under 
Harmonized Tariff Schedule of the United States (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 the 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 the Order is dispositive.
    For a complete description of the scope, see the Issues and 
Decision Memorandum.

Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs 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 as an 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/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding the Preliminary Results, we made certain 
changes to our margin calculations for Novelis Deutschland GmbH 
(Novelis) and Speira GmbH (Speira) (which is the successor-in-interest 
to Hydro Aluminium Rolled Products GmbH (HARP)) which also changed the 
weighted-average dumping margin assigned to the non-individually 
examined company under review, Constellium Rolled Products Singen GmbH 
& Co. KG. (Constellium). For a discussion of these changes, see the 
Issues and Decision Memorandum.

Successor-in-Interest Determination

    In the Preliminary Results, Commerce determined that Speira is the 
successor-in-interest to HARP.\4\ No party commented on this issue, and 
we have received no information that contradicts our preliminary 
finding. Therefore, we continue to find that Speira is the successor-
in-interest to HARP.
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    \4\ See Preliminary Results, 88 FR at 30087 and accompanying PDM 
at 4-5.
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Rates for Companies Not Selected for Individual Examination

    The statute and Commerce's regulations do not address the 
appropriate dumping margin to apply to respondents that were not 
selected for individual examination when Commerce limits its 
examination in an administrative review pursuant to section 777A(c)(2) 
of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, 
which provides instructions for calculating the all-others rate in an 
investigation, for guidance when calculating the weighted-average 
dumping margin for respondents that were not individually examined in 
an administrative review.
    Section 735(c)(5)(A) of the Act provides that the all-others rate 
should be calculated by weight averaging the weighted-average dumping 
margins determined for individually-examined respondents, excluding 
rates that are zero, de minimis, or based entirely on facts available. 
When the rates determined for individually examined respondents are all 
zero, de minimis, or based entirely on facts available, section 
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable 
method'' to establish the all-others rate.
    The final weighted-average dumping margins that we calculated for 
the mandatory respondents Novelis and Speira are not zero, de minimis, 
or based entirely on facts available. Therefore, we assigned a 
weighted-average dumping margin to the non-individually examined 
respondent Constellium that is equal to the weighted average of the 
weighted-average dumping margins that we calculated for Novelis and 
Speira, consistent with the guidance in section 735(c)(5)(A) of the 
Act. We weighted Novelis and Speira's weighted-average dumping margins 
based on the publicly ranged value of their sales.\5\
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    \5\ See Memorandum ``Calculation of the Weighted-Average Dumping 
Margin for the Company Not Selected for Individual Examination'' 
dated concurrently with this notice.
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Final Results of Review

    We are assigning the following estimated weighted-average dumping 
margins to the firms listed below for the period October 15, 2020, 
through March 31, 2022:

------------------------------------------------------------------------
                                                       Weighted-average
                Producer or exporter                    dumping margin
                                                           (percent)
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Novelis Deutschland GmbH............................               16.42
Speira GmbH (successor-in-interest to Hydro                        16.69
 Aluminium Rolled Products GmbH)....................
Review-Specific Rate Applicable to the Following Non-
 Examined Company:
    Constellium Rolled Products Singen GmbH & Co. KG               16.51
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Disclosure

    Commerce intends to disclose to parties to the proceeding 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 19 CFR 351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce will determine, and U.S. Customs and

[[Page 77558]]

Border Protection (CBP) shall assess, antidumping duties on all 
appropriate entries of subject merchandise covered by the final results 
of this review. Commerce intends to issue assessment instructions to 
CBP no earlier than 35 days after the date of publication date 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).
    Where the respondent reported reliable entered values, we 
calculated importer-specific ad valorem assessment rates by aggregating 
the amount of dumping calculated for all U.S. sales to the importer and 
dividing this amount by the total entered value of the merchandise sold 
to the importer.\6\ Where the respondent did not report reliable 
entered values, we calculated importer-specific per-unit assessment 
rates by dividing the total amount of dumping calculated for all 
reviewed U.S. sales to the importer by the total quantity of those 
sales. We also calculated an estimated ad valorem importer-specific 
assessment rate to determine whether the per-unit assessment rate is de 
minimis (i.e., 0.50 percent or less).\7\ Where an importer-specific ad 
valorem assessment rate is not zero or de minimis, Commerce will 
instruct CBP to collect the appropriate duties at the time of 
liquidation. However, where an importer-specific ad valorem assessment 
rate is zero or de minimis, or a respondent's weighted-average dumping 
margin is zero or de minimis, Commerce will instruct CBP to liquidate 
appropriate entries without regard to antidumping duties.\8\
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    \6\ See 19 CFR 351.212(b)(1).
    \7\ Id.
    \8\ See 19 CFR 351.106(c)(2).
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    We will instruct CBP to apply an assessment rate to entries of 
subject merchandise from the non-individually examined company, 
Constellium, equal to the company's weighted-average dumping margin 
listed in the table in the ``Final Results of Review'' section above.
    For entries that were not reported in the U.S. sales data submitted 
by Novelis, and Speira, but that were entered under their CBP 10-digit 
case numbers (i.e., their cash deposit rates were applied at the time 
of entry), Commerce will instruct CBP to liquidate such entries at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.\9\
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    \9\ 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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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 date of publication of 
this notice in the Federal Register, as provided for by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies 
identified in the table in the ``Final Results of Review'' section 
above will be equal to the weighted-average dumping margin listed for 
the company in that table; (2) the cash deposit rate for an exporter 
not covered by this administrative, will continue to be the company's 
currently existing cash deposit rate; (3) if the exporter was not 
covered by this review or a completed segment of this proceeding, but 
the producer of the subject merchandise was covered, the cash deposit 
rate will be the producers' most recently established cash deposit 
rate; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 49.40 percent, the cash deposit rate 
established in the investigation of this proceeding.\10\
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    \10\ See Order, 86 FR at 22142.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

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 occurred and the subsequent assessment of double 
antidumping duties.

Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
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 these final results of administrative review 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)(2).

    Dated: November 3, 2023.
Abdelali Elouaradia,
Deputy 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 of Review
V. Discussion of the Issues
    General Issues
    Comment 1: Whether Commerce Should Revise its Draft Customs 
Instructions
    Novelis
    Comment 2: Whether Commerce Made Certain Ministerial Errors
    Comment 3: Whether Commerce Should Include Certain Quarterly 
Billing Adjustments in its Calculation of Net Home Market Prices 
Speira
    Comment 4: Whether to Reduce Section 232 Duties Paid on Certain 
Sales by Claimed Reimbursements
    Comment 5: Whether Commerce Improperly Excluded Certain U.S. 
Sales from the Margin Calculations
    Comment 6: Whether Commerce Double Counted Merchandise 
Processing and Harbor Maintenance Fees for Certain Sales
VI. Recommendation

[FR Doc. 2023-24928 Filed 11-9-23; 8:45 am]
BILLING CODE 3510-DS-P