[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Pages 86110-86111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27177]


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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: 
Rescission of Circumvention Inquiry on the Antidumping Duty and 
Countervailing Duty Orders

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

SUMMARY: Based on a withdrawal of the circumvention inquiry request, 
the U.S. Department of Commerce (Commerce) is rescinding this 
circumvention inquiry that was initiated to determine whether imports 
of common alloy aluminum sheet (CAAS) produced in the Republic of Korea 
(Korea) by Gwangyang Aluminum Industries Co., Ltd. (Gwangyang 
Aluminum), completed or assembled using non-subject flat rolled 
aluminum having a thickness greater than 6.3 millimeters (mm) produced 
by Henan Mingtai Aluminum Industry Co., Ltd. (Henan Mingtai) or 
Zhengzhou Mingtai Industry Co., Ltd. (Zhengzhou Mingtai) in the 
People's Republic of China (China), is circumventing the antidumping 
duty (AD) and countervailing duty (CVD) orders on CAAS from China.

DATES: Applicable December 12, 2023.

FOR FURTHER INFORMATION CONTACT: Frank Schmitt, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4880.

[[Page 86111]]


SUPPLEMENTARY INFORMATION: 

Background

    On February 6 and 8, 2019, respectively, Commerce published the CVD 
and AD orders on imports of CAAS from China.\1\ On May 23, 2023, the 
Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement 
Working Group and its individual members (the domestic industry) \2\ 
filed a circumvention inquiry request alleging that imports of CAAS 
produced in Korea by Gwangyang Aluminum, assembled or completed using 
flat rolled aluminum having a thickness greater than 6.3 mm (aluminum 
plate) produced by Henan Mingtai \3\ in China, is circumventing the 
Orders.\4\ On July 13, 2023, Commerce initiated a circumvention inquiry 
regarding the above-referenced merchandise.\5\ On November 2, 2023, the 
domestic industry withdrew its circumvention inquiry request.\6\
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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\ 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; Jupiter Aluminum Corporation; JW Aluminum 
Company; and Novelis Corporation.
    \3\ Commerce previously determined that Henan Mingtai and 
Zhengzhou Mingtai are a single entity. See Antidumping Duty 
Investigation of Common Alloy Aluminum Sheet from the People's 
Republic of China: Affirmative Preliminary Determination of Sales at 
Less-Than-Fair Value, Preliminary Affirmative Determination of 
Critical Circumstances, and Postponement of Final Determination, 83 
FR 29088 (June 2022, 2018), and accompanying Preliminary Decision 
Memorandum at 19, unchanged at Antidumping Duty Investigation of 
Common Alloy Aluminum Sheet from the People's Republic of China: 
Affirmative Final Determination of Sales at Less-Than-Fair Value, 83 
FR 57421 (November 15, 2018). Accordingly, for the purposes of this 
circumvention inquiry, we considered aluminum plate produced by 
Henan Mingtai and Zhengzhou Mingtai (collectively, Mingtai) rather 
than aluminum plate produced by only Henan Mingtai.
    \4\ See Domestic Industry's Letter, ``Domestic Industry Request 
for Circumvention Ruling Pursuant to Section 781(b) of the Tariff 
Act of 1930, As Amended and Scope Ruling Pursuant to 19 CFR 
351.225,'' dated May 23, 2023.
    \5\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Initiation of Circumvention Inquiry of the Antidumping and 
Countervailing Duty Orders; Aluminum Sheet Further Processed in the 
Republic of Korea, 88 FR 44779 (July 13, 2023) (Initiation Notice).
    \6\ See Domestic Industry's Letter, ``Domestic Industry's 
Withdrawal of Request for Circumvention Ruling Pursuant to Section 
781(b) of the Tariff Act of 1930,'' dated November 2, 2023 
(Withdrawal Request).
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Scope of the Orders

    The merchandise covered by the Orders is common alloy aluminum 
sheet from China. For a complete description of the scope of the 
Orders, see the Initiation Checklist.\7\
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    \7\ See Initiation Notice and accompanying Checklist, 
``Circumvention Initiation Checklist,'' dated July 7, 2023, at 
Attachment 1.
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Merchandise Subject to the Circumvention Inquiry

    The circumvention inquiry covers CAAS produced by Gwangyang 
Aluminum in Korea, assembled or completed using flat rolled aluminum 
having a thickness greater than 6.3 mm produced by Mingtai in China, 
and exported to the United States.

Rescission of Circumvention Inquiry

    As noted above, the domestic industry has withdrawn its request for 
a circumvention inquiry on CAAS produced by Gwangyang Aluminum in 
Korea, assembled or completed using flat rolled aluminum having a 
thickness greater than 6.3 mm produced by Mingtai in China, and 
exported to the United States.\8\ Therefore, in accordance 19 CFR 
351.226(f)(6)(i), Commerce finds that it is appropriate to rescind this 
circumvention inquiry in its entirety.
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    \8\ See Withdrawal Request.
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Suspension of Liquidation

    Pursuant to 19 CFR 351.226(l)(1), Commerce notified U.S. Customs 
and Border Protection (CBP) of the initiation of this circumvention 
inquiry and directed CBP to continue the suspension of liquidation of 
entries of products subject to the circumvention inquiry that were 
already subject to the suspension of liquidation under the Orders and 
to apply the cash deposit rate that would be applicable if the products 
were determined to be covered by the scope of the Orders.\9\ Upon 
publication of this rescission notice, Commerce will inform CBP that 
Commerce has rescinded this inquiry and that CBP should continue to 
suspend entries of common alloy aluminum sheet from China that are 
subject to the Orders at the applicable rate(s) in effect on the date 
of entry until specific liquidation instructions are issued.
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    \9\ See CBP Message 3201402, ``Initiation of Circumvention 
Inquiry--Antidumping and Countervailing Duty Orders on Common Alloy 
Aluminum Sheet from the People's Republic of China (A-570-073, C-
570-074),'' dated July 20, 2023.
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Administrative Protective Order

    This notice serves as a final reminder to parties subject to an 
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 notification of the return or 
destruction of the APO materials or conversion to judicial protective 
order is hereby requested. Failure to comply with regulations and terms 
of an APO is a violation, which is subject to sanction.

Notification to Interested Parties

    This notice is issued and published in accordance with section 781 
of the Tariff Act of 1930, as amended, and 19 CFR 351.226(f)(6).

    Dated: December 5, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-27177 Filed 12-11-23; 8:45 am]
BILLING CODE 3510-DS-P