[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