[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Notices]
[Pages 47516-47517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12117]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-156]


Aluminum Lithographic Printing Plates From the People's Republic 
of China: Amended Preliminary Determination of the Less-Than-Fair-Value 
Investigation

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

SUMMARY: The U.S. Department of Commerce (Commerce) is amending its 
preliminarily affirmative determination in the less-than-fair value 
(LTFV) investigation of aluminum lithographic printing plates (printing 
plates) from People's Republic of China (China) to correct significant 
ministerial errors. The period of investigation (POI) is January 1, 
2023, through June 30, 2023.

DATES: Applicable June 3, 2024.

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, 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) 482-7425.

SUPPLEMENTARY INFORMATION: 

Background

    On May 1, 2024, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of 
printing plates from China.\1\ On May 6, 2024, Eastman Kodak Company 
(the petitioner) timely alleged that Commerce made significant 
ministerial errors in calculating FUJIFILM Printing Plate (China) Co., 
Limited's (Fujifilm) preliminary estimated weighted-average dumping 
margin.\2\
---------------------------------------------------------------------------

    \1\ See Aluminum Lithographic Printing Plates from the People's 
Republic of China: Preliminary Affirmative Determination of Sales at 
Less Than Fair Value, Preliminary Affirmative Determination of 
Critical Circumstances, and Postponement of Final Determination and 
Extension of Provisional Measures, 89 FR 35062 (May 1, 2024) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Petitioner's Letter, ``Petitioner's Comments on 
Significant Ministerial Errors in Preliminary Margin Calculations,'' 
dated May 6, 2024 (Petitioner Ministerial Errors Allegation).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are printing plates from 
China. For a complete description of the scope of this investigation, 
see the Preliminary Determination.\3\
---------------------------------------------------------------------------

    \3\ See Preliminary Determination, 89 FR at 35064.
---------------------------------------------------------------------------

Legal Framework

    Pursuant to 19 CFR 351.224(e), Commerce will correct any 
significant ministerial error by amending the preliminary 
determination. A ministerial error is defined as including errors ``in 
addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which {Commerce{time}  
considers ministerial.'' \4\ A ministerial error is considered to be 
``significant'' if its correction, either singly or in combination with 
other errors, would result in: (1) a change of at least five absolute 
percentage points in, but not less than 25 percent of, the weighted-
average dumping margin calculated in the preliminary determination; or 
(2) a difference between a weighted-average dumping margin of zero (or 
de minimis) and a weighted-average dumping margin of greater than de 
minimis or vice versa.\5\
---------------------------------------------------------------------------

    \4\ See section 735(e) of the Tariff Act of 1930, as amended 
(the Act); see also 19 CFR 351.224(f).
    \5\ See 19 CFR 351.224(g).
---------------------------------------------------------------------------

Analysis of Significant Ministerial Errors

    The petitioner alleged that: (1) Commerce's conversion of surrogate 
value (SV) information, from a per-kilogram to a per-pound basis for 
direct material and packing inputs, results in a mismatch in the units 
of measure between the SV information and Fujifilm's reported data; (2) 
Commerce erroneously converted the natural gas and steam surrogate 
values from kilograms to pounds, not to cubic meters and metric tons; 
and (3) Commerce did not include certain packing input variables in the 
calculation of the PACKING variable, which is used in the calculation 
of normal value.\6\ In the Preliminary Determination, when calculating 
SVs for Fujifilm, we inadvertently converted the SVs to pounds, 
resulting in a mismatch to Fujifilm's factors of production, which were 
reported on a kilogram basis.\7\ In addition, we inadvertently excluded 
certain packing inputs from the calculation of normal value.\8\
---------------------------------------------------------------------------

    \6\ See Petitioner Ministerial Errors Allegation.
    \7\ See Memorandum, ``Surrogate Values for the Preliminary 
Determination,'' dated April 25, 2024, at Attachment I.
    \8\ See Memorandum, ``Preliminary Determination Analysis 
Memorandum for FUJIFILM Printing Plate (China) Co., Limited,'' dated 
April 25, 2024, at Attachment III.
---------------------------------------------------------------------------

    Commerce finds that the allegations by the petitioner constitute 
significant ministerial errors within the meaning of 19 CFR 351.224(f) 
and (g)(1), because correcting for these errors increases Fujifilm's 
preliminary weighted-average dumping margin from 38.57 to 164.31 
percent, which is a change that is at least five absolute percentage 
points in, but not less than 25 percent of, the weighted-average 
dumping margin calculated for Fujifilm in the Preliminary 
Determination.
    Furthermore, in the Preliminary Determination, Commerce 
preliminarily determined that it was appropriate to use the facts 
available in determining the rate of the China-wide entity, pursuant to 
sections 776(a)(1) and (2)(A)-(C) of the Act,\9\ including the use of 
an adverse inference, pursuant to section 776(b) of the Act.\10\ In 
selecting a rate to apply to the China-wide entity, Commerce selects a 
rate that is sufficiently adverse to ensure that the uncooperative 
party does not obtain a more favorable result by failing to cooperate 
than if it had fully cooperated.\11\ In an investigation, it is 
Commerce's practice with respect to the assignment of an adverse facts 
available (AFA) rate to select the higher of the: (a) highest margin 
alleged in the petition; or (b) the highest calculated rate of any 
respondent in the investigation.\12\ As a

[[Page 47517]]

result of correcting the ministerial errors discussed above, because 
the rate calculated for Fujifilm is now higher than the dumping margin 
alleged in the Petition (i.e., 107.62 percent), we find it most 
appropriate to apply the highest individual margin calculated for 
Fujifilm (i.e., 477.60 percent) as the basis for the AFA rate assigned 
to the China-wide entity.\13\ For a detailed discussion of the alleged 
ministerial errors, as well as Commerce's analysis, see the Ministerial 
Error Memorandum.\14\
---------------------------------------------------------------------------

    \9\ See Preliminary Determination PDM at 12.
    \10\ Id. at 13.
    \11\ See Preliminary Determination PDM at 14 (citing Tapered 
Roller Bearing and Parts Thereof, Finished and Unfinished, from 
Japan, and Tapered Roller Bearings, Four Inches or Less in Outside 
Diameter, and Components Thereof from Japan; Preliminary Results of 
Antidumping Duty Administrative Reviews and Partial Termination of 
Administrative Reviews, 61 FR 57391, 57392 (November 6, 1996), 
unchanged in Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, from Japan, and Tapered Roller Bearings, Four Inches or 
Less in Outside Diameter, and Components Thereof, from Japan; Final 
Results of Antidumping Duty Administrative Revies and Termination in 
Part, 62 FR 11825 (March 13, 1997)).
    \12\ Id. (citing Certain Uncoated Paper from Indonesia: Final 
Determination of Sales at Less Than Fair Value, 81 FR 3101 (January 
20, 2016), and accompanying Issues and Decision Memorandum at 7).
    \13\ See Memorandum, ``Amended Preliminary Determination 
Analysis Memorandum for FUJIFILM Printing Plate (China) Co., 
Limited,'' dated concurrently with this notice at Attachment III.
    \14\ See Memorandum, ``Less-Than-Fair-Value Investigation of 
Aluminum Lithographic Printing Plates from the People's Republic of 
China: Allegations of Ministerial Errors in the Preliminary 
Determination,'' dated concurrently with, and hereby adopted by, 
this notice (Ministerial Error Memorandum).
---------------------------------------------------------------------------

Amended Preliminary Determination

    As a result of correcting these significant ministerial errors, 
Commerce determines the following weighted-average dumping margins 
exist:

----------------------------------------------------------------------------------------------------------------
                                                                                Estimated      Cash deposit rate
                                                                             weighted-average    (adjusted for
                  Producer                              Exporter              dumping margin    subsidy offset)
                                                                                (percent)          (percent)
----------------------------------------------------------------------------------------------------------------
Fujifilm Printing Plate (China) Co., Ltd...  Fujifilm Printing Plate                   164.31             164.30
                                              (China) Co., Ltd.
China-wide Entity.........................................................             477.60             477.59
----------------------------------------------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed for this amended 
preliminary determination to parties within five days after 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).

Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates established in this amended 
preliminary determination, in accordance with section 773(d) of the 
Act. Because this amended preliminary determination results in 
increased cash deposit rates, these rates will be effective on the date 
of publication of this notice in the Federal Register. These suspension 
of liquidation instructions will remain in effect until further notice.

Notification of U.S. International Trade Commission (ITC)

    In accordance with section 733(f) of the Act, we intend to notify 
the ITC of our amended preliminary determination.

Notification to Interested Parties

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

    Dated: May 28, 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. 2024-12117 Filed 5-31-24; 8:45 am]
BILLING CODE 3510-DS-P