[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Notices]
[Pages 35065-35067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09456]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-881]


Aluminum Lithographic Printing Plates From Japan: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that aluminum lithographic printing plates (printing plates) 
from Japan are being, or are likely to be, sold in the United States at 
less than fair value (LTFV). The period of investigation (POI) is July 
1, 2022, through June 30, 2023. Interested parties are invited to 
comment on this preliminary determination.

DATES: Applicable May 1, 2024.

FOR FURTHER INFORMATION CONTACT: Caroline Carroll, AD/CVD Operations, 
Office IX, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4948.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
initiated this investigation on October 18, 2023.\1\ On February 14, 
2024, Commerce postponed the preliminary determination of this 
investigation, and the revised deadline is now April 25, 2024.\2\
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    \1\ See Aluminum Lithographic Printing Plates From the People's 
Republic of China and Japan: Initiation of Less-Than-Fair-Value 
Investigations, 88 FR 73316 (October 25, 2023) (Initiation Notice).
    \2\ See Aluminum Lithographic Printing Plates from the People's 
Republic of China and Japan: Postponement of Preliminary 
Determinations in the Less-Than-Fair-Value Investigations, 89 FR 
11248 (February 14, 2024).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ A list of topics addressed in the Preliminary Decision 
Memorandum is included as Appendix II 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.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Aluminum Lithographic Printing Plates from Japan,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are printing plates from 
Japan. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ No interested party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice. Commerce is not preliminarily modifying the scope 
language as it appeared in the Initiation Notice. See the scope in 
Appendix I to this notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 88 FR at 73317.
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Preliminary Collapsing Determination

    Based on record evidence in this investigation, Commerce 
preliminarily finds that Fujifilm Corporation (Fujifilm Corp.) and 
Fujifilm Shizuoka Co., Ltd. (FFSH) are affiliated companies, pursuant 
to sections 771(33)(E) and (F) of the Act. Furthermore, pursuant to 19 
CFR 351.401(f)(1)-(2), we find that Fujifilm Corp. and FFSH should be 
collapsed and treated as a single entity (collectively, Fujifilm). For 
additional information, see the Affiliation and Collapsing 
Memorandum.\6\
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    \6\ See Memorandum, ``Preliminary Affiliation and Collapsing 
Memorandum'' dated concurrently with this memorandum (Affiliation 
and Collapsing Memorandum).
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Normal value (NV) is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying Commerce's preliminary 
determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Section 733(d)(1)(ii) of the Act provides that in the preliminary 
determination, Commerce shall determine an estimated all-others rate 
for all exporters and producers not individually examined. Pursuant to 
section 735(c)(5)(A) of the Act, this rate shall be an amount equal to 
the weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated, 
excluding any zero and de minimis margins, and any margins determined 
entirely under section 776 of the Act.
    In this investigation, Commerce preliminarily assigned a rate based 
entirely on facts available to Miraclon Corporation Ltd. Therefore, the 
only rate that is not zero, de minimis, or based entirely on facts 
otherwise available is the rate calculated for Fujifilm. Consequently, 
the rate calculated for Fujifilm is also assigned as the rate for all 
other producers and exporters.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Fujifilm Corporation; Fujifilm Shizuoka Co., Ltd............       87.81
Miraclon Corporation Ltd....................................    * 157.16
All Others..................................................       87.81
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.


[[Page 35066]]

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) the cash deposit rate for the respondents listed above will be 
equal to the company-specific estimated weighted-average dumping 
margins determined in this preliminary determination; (2) if the 
exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise ; and (3) the cash deposit rate for all 
other producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin. These suspension of liquidation 
instructions will remain in effect until further notice.

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with this preliminary determination within five 
days of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\7\ Interested parties who submit case or rebuttal 
briefs in this investigation must submit: (1) a statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities.\8\
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    \7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
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    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 brief that should be limited to five pages 
total, including footnotes. In this investigation, we instead request 
that interested parties provide at the beginning of their briefs a 
public, executive summary for each issue raised in their briefs.\9\ 
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 determination in this investigation. 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).\10\
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    \9\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \10\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069, 67077 (September 29, 2023).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the (1) party's name, address, and telephone number; (2) the number of 
participants and whether any participant is a foreign national; and (3) 
a list of the issues to be discussed. If a request for a hearing is 
made, Commerce intends to hold the hearing at a time and date to be 
determined.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires 
that requests by respondents for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On March 28, 2024, pursuant to 19 CFR 351.210(e), Fujifilm 
requested that Commerce postpone the final determination and extend 
provisional measures to a period not to exceed six months.\11\ In 
accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because: (1) the preliminary determination is 
affirmative; (2) the requesting exporter account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
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    \11\ See Fujifilm's Letter, ``Fujifilm's Request to Postpone 
Final Determination,'' dated March 28, 2024.
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination of sales at LTFV. If the final determination is 
affirmative, the ITC will determine before the later of 120 days after 
the date of this preliminary determination or 45 days after the final 
determination whether imports of the subject merchandise are materially 
injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: April 25, 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 I

Scope of the Investigation

    The merchandise covered by this investigation is aluminum 
lithographic

[[Page 35067]]

printing plates. Aluminum lithographic printing plates consist of a 
flat substrate containing at least 90 percent aluminum. The 
aluminum-containing substrate is generally treated using a 
mechanical, electrochemical, or chemical graining process, which is 
followed by one or more anodizing treatments that form a hydrophilic 
layer on the aluminum-containing substrate. An image-recording, 
oleophilic layer that is sensitive to light, including but not 
limited to ultra-violet, visible, or infrared, is dispersed in a 
polymeric binder material that is applied on top of the hydrophilic 
layer, generally on one side of the aluminum lithographic printing 
plate. The oleophilic light-sensitive layer is capable of capturing 
an image that is transferred onto the plate by either light or heat. 
The image applied to an aluminum lithographic printing plate 
facilitates the production of newspapers, magazines, books, 
yearbooks, coupons, packaging, and other printed materials through 
an offset printing process, where an aluminum lithographic printing 
plate facilitates the transfer of an image onto the printed media. 
Aluminum lithographic printing plates within the scope of this 
investigation include all aluminum lithographic printing plates, 
irrespective of the dimensions or thickness of the underlying 
aluminum substrate, whether the plate requires processing after an 
image is applied to the plate, whether the plate is ready to be 
mounted to a press and used in printing operations immediately after 
an image is applied to the plate, or whether the plate has been 
exposed to light or heat to create an image on the plate or remains 
unexposed and is free of any image.
    Subject merchandise also includes aluminum lithographic printing 
plates produced from an aluminum sheet coil that has been coated 
with a light-sensitive image-recording layer in a subject country 
and that is subsequently unwound and cut to the final dimensions to 
produce a finished plate in a third country (including the United 
States), or exposed to light or heat to create an image on the plate 
in a third country (including in a foreign trade zone within the 
United States).
    Excluded from the scope of this investigation are lithographic 
printing plates manufactured using a substrate produced from a 
material other than aluminum, such as rubber or plastic.
    Aluminum lithographic printing plates are currently classifiable 
under Harmonized Tariff of the United States (HTSUS) subheadings 
3701.30.0000 and 3701.99.6060. Further, merchandise that falls 
within the scope of this investigation may also be entered into the 
United States under HTSUS subheadings 3701.99.3000 and 8442.50.1000. 
Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of this 
investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available and Use of Adverse Inference
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-09456 Filed 4-30-24; 8:45 am]
BILLING CODE 3510-DS-P