[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Notices]
[Pages 27415-27417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08125]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-849]


Common Alloy Aluminum Sheet From Germany: Final Results of 
Changed Circumstances Review and Revocation of the Antidumping Duty 
Order, in Part

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

SUMMARY: The U.S. Department of Commerce (Commerce) is revoking, in 
part, the antidumping duty (AD) order on common alloy aluminum sheet 
(CAAS) from Germany with respect to certain lithographic-grade aluminum 
sheet.

DATES: Applicable April 17, 2024.

FOR FURTHER INFORMATION CONTACT: Stephanie Trejo, 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) 482-4390.

SUPPLEMENTARY INFORMATION:

Background

    On April 27, 2021, Commerce published the AD order on common alloy 
aluminum sheet from Germany in the Federal Register.\1\ On May 9, 2023, 
Eastman Kodak Company (Kodak), a U.S. importer of subject merchandise, 
requested that Commerce conduct a changed circumstances review (CCR), 
and revoke, in part, the CAAS AD Germany Order with respect to certain 
lithographic-grade aluminum sheet pursuant to section 751(b)(1) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b).\2\
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    \1\ 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) (CAAS 
AD Germany Order or Order).
    \2\ See Kodak's Letter, ``Request for Expedited Changed 
Circumstances Review,'' dated May 9, 2023 (CCR Request).
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    After initiating the requested CCR,\3\ Commerce preliminarily 
determined to revoke the CAAS AD Germany Order, in part, with respect 
to certain lithographic-grade aluminum sheet, pursuant to section 
751(b)(1) of the Act and 19 CFR 351.216(b).\4\ Commerce invited 
interested parties to comment on the Preliminary Results.\5\ On 
February 20, 2024, Commerce received comments from Kodak and the 
Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement 
Working Group and its individual members (Aluminum Association).\6\ On 
February 26, 2024, Kodak responded to the Aluminum Association's 
comments.\7\
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    \3\ See Common Alloy Aluminum Sheet from Germany: Notice of 
Initiation of Changed Circumstances Review, and Consideration of 
Revocation, in Part, of the Antidumping Duty Order, 88 FR 49446 
(July 31, 2023) (Initiation Notice).
    \4\ See Common Alloy Aluminum Sheet from Germany: Preliminary 
Results of Changed Circumstances Review, and Intent To Revoke the 
Antidumping Duty Order, in Part, 89 FR 7686 (February 5, 2024) 
(Preliminary Results).
    \5\ Id. 89 FR at 7686.
    \6\ See Kodak's Letter, ``Case Brief and Request to Expedite 
Final Results,'' dated February 20, 2024 (Kodak's Comments); see 
also Aluminum Association's Letter, ``Petitioners' Comments on the 
Department's Preliminary Results of Changed Circumstances Review,'' 
dated February 20, 2024 (Petitioners' Comments).
    \7\ See Kodak's Letter, ``Letter in Lieu of Rebuttal Comments,'' 
dated February 26, 2024.
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Final Results of Changed Circumstances Review and Revocation of the 
CAAS AD Germany Order, in Part

    In their comments, Kodak and the Aluminum Association agreed with, 
and supported, Commerce's Preliminary Results.\8\ Kodak also requested 
that Commerce issue the final results of this CCR on an expedited basis 
(i.e., within 45 days of publication of the Preliminary Results in the 
Federal Register) pursuant to 19 CFR 351.216(e). However, the 45-day 
timeline described in 19 CFR 351.216(e) starts on the date that 
Commerce initiated the CCR, not on the date that it published the 
Preliminary Results of the CCR in the Federal Register. Thus, Kodak has 
misapplied that deadline. Moreover, in the Preliminary Results, 
Commerce explicitly stated that it would ``issue the final results of 
this CCR, which will include its analysis of any written comments, no 
later than 270 days after the date on which this review was 
initiated.'' \9\
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    \8\ See Kodak's Comments; see also Petitioners' Comments.
    \9\ See Preliminary Results, 89 FR at 7689.
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    Because no party submitted comments opposing the Preliminary 
Results of this CCR, and the record contains no other information or 
evidence that calls into question the Preliminary Results, Commerce 
determines, pursuant to sections 751(d)(1) and 782(h) of the Act, and 
19 CFR 351.222(g), that there are changed circumstances that warrant 
revocation of the CAAS AD Germany Order, in part, with respect to 
certain lithographic-grade aluminum sheet. Consequently, there is no 
decision memorandum accompanying this notice.
    Specifically, because producers accounting for substantially all of 
the production of the domestic like product to which the CAAS AD 
Germany Order pertains have not expressed interest in maintaining the 
relief provided by the CAAS AD Germany Order with respect to certain 
lithographic-grade aluminum sheet, as described below, Commerce is 
revoking the CAAS AD Germany Order, in part, with respect to the 
following product:
    Lithographic-grade aluminum sheet that meets the following 
criteria: (i) a Copper (Cu) content of no more than 0.01 percent, a 
Zinc (Zn) content of <=0.05%, a Silicon (Si) content of 0.05%-0.20% and 
an Iron (Fe) content of 0.30%-0.50%; (ii) a thickness between 0.267 mm-
0.3705 mm, (iii) a width of 500 mm-1650 mm, (iv) a maximum wave height 
of no more than 3.0 mm, (v)

[[Page 27416]]

a tensile strength of 130 MPa or more (after baking), and (vi) a 
surface roughness less than or equal to Ra 0.26 [micro]m.
    The revised scope for the CAAS AD Germany Order is below.

Scope of the Order

    The products covered by the Order are common alloy aluminum sheet, 
which is a flat-rolled aluminum product having a thickness of 6.3 mm or 
less, but greater than 0.2 mm, in coils or cut-to-length, regardless of 
width. Common alloy sheet within the scope of the Order includes both 
not clad aluminum sheet, as well as multi-alloy, clad aluminum sheet. 
With respect to not clad aluminum sheet, common alloy sheet is 
manufactured from a 1XXX-, 3XXX-, or 5XXX-series alloy as designated by 
the Aluminum Association. With respect to multi-alloy, clad aluminum 
sheet, common alloy sheet is produced from a 3XXX-series core, to which 
cladding layers are applied to either one or both sides of the core. 
The use of a proprietary alloy or non-proprietary alloy that is not 
specifically registered by the Aluminum Association as a discrete 1XXX-
, 3XXX-, or 5XXX-series alloy, but that otherwise has a chemistry that 
is consistent with these designations, does not remove an otherwise in-
scope product from the scope.
    Common alloy sheet may be made to ASTM specification B209-14 but 
can also be made to other specifications. Regardless of specification, 
however, all common alloy sheet meeting the scope description is 
included in the scope. Subject merchandise includes common alloy sheet 
that has been further processed in a third country, including but not 
limited to annealing, tempering, painting, varnishing, trimming, 
cutting, punching, and/or slitting, or any other processing that would 
not otherwise remove the merchandise from the scope of the Order if 
performed in the country of manufacture of the common alloy sheet.
    Excluded from the scope of the Order is aluminum can stock, which 
is suitable for use in the manufacture of aluminum beverage cans, lids 
of such cans, or tabs used to open such cans. Aluminum can stock is 
produced to gauges that range from 0.200 mm to 0.292 mm, and has an H-
19, H-41, H-48, H-39, or H-391 temper. In addition, aluminum can stock 
has a lubricant applied to the flat surfaces of the can stock to 
facilitate its movement through machines used in the manufacture of 
beverage cans. Aluminum can stock is properly classified under 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings 
7606.12.3045 and 7606.12.3055.
    Also excluded from the scope of the Order is lithographic-grade 
aluminum sheet that meets the following criteria: (i) a Copper (Cu) 
content of no more than 0.01 percent, a Zinc (Zn) content of <=0.05%, a 
Silicon (Si) content of 0.05%-0.20% and an Iron (Fe) content of 0.30%-
0.50%; (ii) a thickness between 0.267 mm-0.3705 mm, (iii) a width of 
500 mm-1650 mm, (iv) a maximum wave height of no more than 3.0 mm, (v) 
a tensile strength of 130 MPa or more (after baking), and (vi) a 
surface roughness less than or equal to Ra 0.26 [micro]m.
    Where the nominal and actual measurements vary, a product is within 
the scope if application of either the nominal or actual measurement 
would place it within the scope based on the definitions set for the 
above.
    Common alloy sheet is currently classifiable under 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.

Application of the Final Results of Review

    Section 751(d)(3) of the Act provides that ``{a{time}  
determination under this section to revoke an order . . . shall apply 
with respect to unliquidated entries of the subject merchandise which 
are entered, or withdrawn from warehouse, for consumption on or after 
the date determined by the administering authority.'' Commerce's 
general practice is to instruct U.S. Customs and Border Protection 
(CBP) to liquidate without regard to antidumping or countervailing 
duties, and to refund any estimated antidumping or countervailing 
duties on, all unliquidated entries of the merchandise covered by a 
revocation that are not covered by the final results of an 
administrative review or automatic liquidation.\10\ Consistent with 
this practice, we are applying the final results of this CCR to all 
unliquidated entries of the merchandise covered by the revocation which 
have been entered, or withdrawn from warehouse, for consumption on or 
after April 1, 2023.\11\
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    \10\ See e.g., Certain Pasta from Italy: Final Results of 
Countervailing Duty Changed Circumstances Review and Revocation, In 
Part, 76 FR 27634 (May 12, 2011); Stainless Steel Bar from the 
United Kingdom: Notice of Final Results of Changed Circumstances 
Review and Revocation of Order, in Part, 72 FR 65706 (November 23, 
2007); Notice of Final Results of Antidumping Duty Changed 
Circumstances Review and Revocation of Order In Part: Certain 
Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 FR 
66163 (November 13, 2006); Notice of Final Results of Antidumping 
Duty Changed Circumstances Reviews and Revocation of Orders in Part: 
Certain Corrosion-Resistant Carbon Steel Flat Products from Canada 
and Germany, 71 FR 14498 (March 22, 2006); Notice of Final Results 
of Antidumping Duty Changed Circumstances Review, and Determination 
to Revoke Order in Part: Certain Cased Pencils from the People's 
Republic of China, 68 FR 62428 (November 4, 2003).
    \11\ Commerce issued the final results of the administrative 
review of the CAAS AD Germany Order covering the period October 15, 
2020 through March 31, 2022 on November 3, 2023. See Common Alloy 
Aluminum Sheet from Germany: Final Results of Antidumping Duty 
Administrative Review; 2020-2022, 88 FR 77556 (November 13, 2023). 
Commerce issued the automatic liquidation instruction for the 
administrative review of the CAAS AD Germany Order covering the 
period April 1, 2022 through March 31, 2023 on July 21, 2023. See 
CBP Message 3202416, ``Automatic Liquidation Instructions,'' dated 
July 21, 2023.
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Instructions to CBP

    Because we determine that there are changed circumstances that 
warrant the revocation of the CAAS AD Germany Order, in part, we will 
instruct CBP to liquidate without regard to antidumping duties, and to 
refund any estimated antidumping duties on, all unliquidated entries of 
the merchandise covered by this partial revocation which have been 
entered, or withdrawn from warehouse, for consumption on or after April 
1, 2023.
    Commerce intends to issue instructions to CBP no earlier than 35 
days after the date of publication of these final results of CCR in the 
Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the 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).

Administrative Protective Order

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is

[[Page 27417]]

hereby requested. Failure to comply with the regulations and terms of 
an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing these final results of CCR in 
accordance with sections 751(b) and 777(i) of the Act, and 19 CFR 
351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222.

    Dated: April 10, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2024-08125 Filed 4-16-24; 8:45 am]
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