[Federal Register Volume 89, Number 81 (Thursday, April 25, 2024)]
[Notices]
[Pages 31724-31726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08895]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-849]


Common Alloy Aluminum Sheet From Germany: Preliminary Results and 
Partial Rescission of Antidumping Duty Administrative Review; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Speira GmbH (Speira), the sole respondent subject to 
this administrative review of the antidumping duty order on common 
alloy aluminum sheet from Germany, sold subject merchandise at less 
than normal value (NV) during the period of review (POR) April 1, 2022, 
through March 31, 2023. Interested parties are invited to comment on 
these preliminary results of the review.

DATES: Applicable April 25, 2024.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, 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) 482-2769.

SUPPLEMENTARY INFORMATION:

Background

    On June 12, 2023, Commerce initiated an administrative review of 
the antidumping duty order on common alloy aluminum sheet from Germany 
covering the POR.\1\ On December 27, 2023, Commerce extended the 
deadline for issuing the preliminary results of this review until April 
19, 2024.\2\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 38021 (June 12, 2023); see also 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).
    \2\ See Memorandum, ``Extension of Deadline for the Preliminary 
Results of Antidumping Duty Administrative Review; 2022-2023,'' 
dated December 27, 2023.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\3\ 
A list of the topics discussed in the Preliminary Decision Memorandum 
is attached as an appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of the 2022-2023 Administrative Review of the Antidumping 
Duty Order on Common Alloy Aluminum Sheet from Germany,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

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. 
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 full description of the scope 
of the Order, see the Preliminary Decision Memorandum.

Partial Rescission of the Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole, or in part, with respect to specific 
companies, if all parties who requested the review withdraw their 
requests within 90 days of publication of the notice of initiation of 
the requested review in the Federal Register. All parties timely 
withdrew their review requests for the following companies: (1) Alanod 
GmbH & Co. KG (Alanod); (2) Constellium Rolled Products Singen GmbH & 
Co. KG (Constellium Rolled); (3) Constellium Singen GmbH (Constellium 
Singen); and (4) Novelis Deutschland GmbH (Novelis). Therefore, 
consistent with 19 CFR 351.213(d)(1), Commerce is

[[Page 31725]]

rescinding this review, in part, with respect to these companies.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We 
calculated export prices and NV for Speira in accordance with sections 
772 and 773 of the Act, respectively. For a full description of the 
methodology underlying our preliminary results of review, see the 
Preliminary Decision Memorandum.

Preliminary Results of Review

    We are assigning the following weighted-average dumping margin to 
the company listed below for the period April 1, 2022, through March 
31, 2023:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producer or exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Speira GmbH \4\............................................        6.44
------------------------------------------------------------------------
\4\ Formerly known as Hydro Aluminium Rolled Products GmbH. See Common
  Alloy Aluminum Sheet from Germany: Preliminary Results of Antidumping
  Duty Administrative Review; 2020-2022, 88 FR 30087 (May 10, 2023,
  unchanged in Common Alloy Aluminum Sheet from Germany: Final Results
  of Antidumping Duty Administrative Review; 2020-2022, 88 FR 77556
  (November 13, 2023).

Disclosure and Public Comment

    Commerce intends to disclose, under administrative protective 
order, its calculations and analysis performed for these preliminary 
results of review to parties to the proceeding within five days of any 
public announcement of the preliminary results or, if there is no 
public announcement, within five days of the date of publication of 
this notice in the Federal Register in accordance with 19 CFR 
351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice in the Federal Register. Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than five days 
after the date for filing case briefs.\5\ Interested parties who submit 
case briefs or rebuttal briefs in this review must submit: (1) a table 
of contents listing each issue; and (2) a table of authorities.\6\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \6\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their briefs that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\7\ Further, we 
request that interested parties limit their executive summary of each 
issue to no more than 450 words, not including citations. We intend to 
use the executive summaries as the basis of the comment summaries 
included in the issues and decision memorandum that will accompany the 
final results in this administrative review. We request that interested 
parties include footnotes for relevant citations in the executive 
summary of each issue. Note that Commerce has amended certain of its 
requirements pertaining to the service of documents in 19 CFR 
351.303(f).\8\
---------------------------------------------------------------------------

    \7\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \8\ See APO and Service Final Rule, 88 FR at 67077.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request for a hearing to the 
Assistant Secretary for Enforcement and Compliance, filed 
electronically via ACCESS. Requests for a hearing should contain: (1) 
the requesting party's name, address, and telephone number; (2) the 
number of individuals associated with the requesting party that will 
attend the hearing and whether any of those individuals is a foreign 
national; and (3) a list of the issues that the party intends to 
discuss at the hearing. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs. An 
electronically filed hearing request must be received successfully in 
its entirety by Commerce's electronic records system, ACCESS, by 5 p.m. 
Eastern Time within 30 days after the date of publication of this 
notice in the Federal Register. If a request for a hearing is made, 
Commerce will announce the date and time of the hearing. Parties should 
confirm the date and time of the hearing two days before the scheduled 
hearing date.

Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results of review in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act.\9\
---------------------------------------------------------------------------

    \9\ See section 751(a)(3)(A) of the Act; see also 19 CFR 
351.213(h)(1).
---------------------------------------------------------------------------

Assessment Rates

    In accordance with section 751(a)(2)(C) of the Act, the assessment 
of antidumping duties on entries of merchandise covered by the review 
shall be based on the final results of this review.\10\ Therefore, upon 
issuance of the final results of this review, Commerce will determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries of subject merchandise covered by 
this review in accordance with 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    \10\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    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).
    We will calculate importer-specific assessment rates for Speira, in 
accordance with 19 CFR 351.212(b)(1).\11\ Because Speira does not know, 
and thus did not report, entered values, we will calculate importer-
specific per-unit assessment rates for the company by dividing the 
total amount of dumping calculated in the final results of this review 
for all reviewed U.S. sales to the importer by the total quantity of 
those sales. While we will calculate estimated ad valorem importer-
specific assessment rates to determine whether the per-unit assessment 
rates are de minimis, we will report the per-unit assessment rates to 
CBP. \12\ Where either the respondent's ad valorem weighted-average 
dumping margin is zero or de minimis, or an importer-specific ad 
valorem assessment rate is zero or de minimis,\13\ we will instruct CBP 
to liquidate the appropriate entries without regard to antidumping 
duties.
---------------------------------------------------------------------------

    \11\ We applied the assessment rate calculation method adopted 
in Antidumping Proceedings: Calculation of the Weighted-Average 
Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
    \12\ See 19 CFR 351.212(b)(1).
    \13\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    Pursuant to a refinement to Commerce's assessment practice, where 
sales of subject merchandise that was produced or exported by an 
individually examined respondent were

[[Page 31726]]

not reported in the U.S. sales data submitted by the respondent, but 
the merchandise was entered for consumption in the United States during 
the POR, we will instruct CBP to liquidate any entries of such 
merchandise at the all-others rate (i.e., 49.40 percent) if there is no 
rate for the intermediate company(ies) involved in the transaction.\14\
---------------------------------------------------------------------------

    \14\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    Because Commerce is rescinding this review with respect to Alanod, 
Constellium Rolled, Constellium Singen, and Novelis, we will instruct 
CBP to assess antidumping duties on all appropriate entries of subject 
merchandise during the POR from these companies at rates equal to the 
cash deposit rate for estimated antidumping duties that was required at 
the time of entry, or withdrawal from warehouse, for consumption, in 
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue its 
rescission instructions to CBP no earlier than 35 days after the date 
of publication of this notice in the Federal Register.

Cash Deposit Requirements

    The following cash deposit requirements will be in effect for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of the notice of 
the final results of this administrative review in the Federal 
Register, as provided for by section 751(a)(2)(C) of the Act: (1) the 
cash deposit rate for Speira will be equal to the weighted-average 
dumping margin established for the company in the final results of this 
review, except if the weighted-average dumping margin is less than 0.50 
percent, and, therefore, de minimis within the meaning of 19 CFR 
351.106(c)(1), the cash deposit rate will be zero; (2) for previously 
investigated or reviewed exporters that are not covered by this review, 
the cash deposit rate will continue to be the company's cash deposit 
rate from the most recently completed segment of the proceeding in 
which it was examined; (3) if the exporter is not covered by this 
review, and does not have a cash deposit rate from a completed segment 
of this proceeding, but the producer of the subject merchandise does 
have a cash deposit rate, then the cash deposit rate will be the 
producer's cash deposit rate from the most recently completed segment 
of the proceeding in which it was examined; and (4) the cash deposit 
rate for all other producers or exporters will continue to be 49.40 
percent, the all-others rate established in the less-than-fair-value 
investigation.\15\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \15\ See Common Alloy Aluminum Sheet from Germany: Final 
Determination of Sales at Less Than Fair Value, 86 FR 13318 (March 
8, 2021).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. 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.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(1) and 777(i)(l) of the Act, and 19 
CFR 351.213 and 351.221(b)(4).

    Dated: April 19, 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.

Appendix--List of Sections in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2024-08895 Filed 4-24-24; 8:45 am]
BILLING CODE 3510-DS-P