[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Notices]
[Pages 42845-42847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10709]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-791-825]


Common Alloy Aluminum Sheet From South Africa: Preliminary 
Results 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 sales of common alloy aluminum sheet (aluminum sheet) 
from South Africa were made at less than normal value during the period 
of review (POR), April 1, 2022, through March 31, 2023. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable May 16, 2024.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4243.

SUPPLEMENTARY INFORMATION:

Background

    On April 27, 2021, Commerce published the antidumping duty order on 
aluminum sheet from South Africa in the Federal Register.\1\ On April 
4, 2023, we published in the Federal Register a notice of opportunity 
to request an administrative review of the Order.\2\ On June 12, 2023, 
pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended 
(the Act), Commerce initiated an administrative review of the Order on 
aluminum sheet from South Africa covering Hulamin Operations (Pty) Ltd. 
(Hulamin Operations).\3\ On December 14, 2023, Commerce partially 
extended the deadline for the preliminary results until March 31, 2023; 
\4\ and on February 7, 2024, Commerce fully extended the deadline for 
the preliminary results to April 26, 2024.\5\
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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) 
(Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 19916 (April 4, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 38021 (June 12, 2023).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated December 
14, 2023.
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated February 
7, 2024.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\6\ 
A list of 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.
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Common Alloy Aluminum Sheet from South Africa; 2022-2023,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The merchandise under review is common alloy aluminum sheet. A full 
description of the scope of the Order is contained in the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. Constructed export price was calculated in 
accordance with section 772 of the Act. Normal value was calculated in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following estimated weighted-average dumping margin exists for the 
period April 1, 2022, through March 31, 2023:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Hulamin Operations (Pty) Ltd...............................         3.54
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[[Page 42846]]

Disclosure and Public Comment

    Commerce will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days after 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.\7\
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    \7\ See 19 CFR 351.224(b).
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    Case briefs may be submitted to the Assistant Secretary for 
Enforcement and Compliance. Interested parties will be notified of the 
timeline for the submission of such case briefs and written comments at 
a later date. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than five days after the date for filing 
case briefs.\8\ Parties who submit case briefs or rebuttal briefs in 
this proceeding are requested to submit with the argument: (1) a 
statement of the issue, (2) a table of authorities.\9\ 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.\10\ Further, we request that interested 
parties limit their public executive summary of each issue to no more 
than 450 words, not including citations. We intend to use the public 
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 public 
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).\11\
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    \8\ 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 Procedures).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \11\ See APO and Service Procedures.
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, using Enforcement and 
Compliance's ACCESS system within 30 days of publication of this 
notice.\12\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, we will inform 
parties of the scheduled date for the hearing at a time and location to 
be determined.\13\ Parties should confirm by telephone the date, time, 
and location of the hearing no fewer than two days before the scheduled 
date. Parties are reminded that all briefs and hearing requests must be 
filed electronically using ACCESS and received successfully in their 
entirety by 5:00 p.m. Eastern Time on the due date.
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    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310.
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results 
of this administrative review, including the results of our analysis of 
the issues raised by the parties in their case briefs, not later than 
120 days after the date of publication of this notice, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review. If Hulamin 
Operations' weighted-average dumping margin is above de minimis (i.e., 
0.50 percent), we will calculate importer-specific ad valorem 
antidumping duty assessment rates based on the ratio of the total 
amount of dumping calculated for the importer's examined sales to the 
total entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\14\ If the respondent has not reported entered values, 
we will calculate a per-unit assessment rate for each importer by 
dividing the total amount of dumping calculated for the examined sales 
made to that importer by the total quantity associated with those 
sales. We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate calculated in the final results of this review is above 
de minimis (i.e., 0.50 percent). Where either the respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
The final results of this review shall be the basis for the assessment 
of antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.\15\
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    \14\ In these preliminary results, Commerce 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).
    \15\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by the 
respondent for which it did not know that the merchandise was destined 
for the United States, we will instruct CBP to liquidate entries not 
reviewed at the all-others rate of 8.85 percent \16\ if there is no 
rate for the intermediate company(ies) involved in the transaction.
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    \16\ See Order, 86 FR at 22142.
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    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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of aluminum sheet from South Africa entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results, as provided by section 751(a)(2) of the Act: (1) the 
cash deposit rate for Hulamin Operations will be equal to the dumping 
margins established in the final results of this review, except if the 
ultimate rate is de minimis within the meaning of 19 CFR 351.106(c)(1), 
in which case the cash deposit rates will be zero; (2) for merchandise 
exported by producers or exporters not covered in this administrative 
review but covered in a prior segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment of this proceeding in which the 
producer or exporter participated; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original less-than-fair-
value investigation but the producer is, then the cash deposit rate 
will be the

[[Page 42847]]

rate established for the most recently completed segment of the 
proceeding for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
8.85 percent, the all-others rate established in the antidumping duty 
investigation.\17\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \17\ Id.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) 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 results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(h)(2), and 
19 CFR 351.221(b)(4).

    Dated: April 26, 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 Topics Discussed in the Preliminary Decision 
Memorandum

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

[FR Doc. 2024-10709 Filed 5-15-24; 8:45 am]
BILLING CODE 3510-DS-P