[Federal Register Volume 89, Number 173 (Friday, September 6, 2024)]
[Notices]
[Pages 72826-72827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19942]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-073, C-570-074]


Common Alloy Aluminum Sheet From the People's Republic of China: 
Continuation of Antidumping and Countervailing Duty Orders

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that the revocation of the antidumping duty (AD) and countervailing 
duty (CVD) orders on certain common alloy aluminum sheet (CAAS) from 
the People's Republic of China (China) would likely lead to the 
continuation or recurrence of dumping and countervailable subsidies, 
and material injury to an industry in the United States, Commerce is 
publishing a notice of continuation of the AD and CVD orders.

DATES: Applicable August 28, 2024.

FOR FURTHER INFORMATION CONTACT: Erin Kearney, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; (202) 482-0167.

SUPPLEMENTARY INFORMATION:

Background

    On February 6 and 8, 2019, respectively, Commerce published in the 
Federal Register the CVD and AD orders on CAAS from China.\1\ On 
January 2, 2024, the ITC instituted,\2\ and Commerce initiated,\3\ the 
first sunset review of the Orders, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act). As a result of its reviews, 
Commerce determined that revocation of the Orders would likely lead to 
the continuation or recurrence of dumping and countervailable 
subsidies, and therefore, notified the ITC of the magnitude of the 
margins of dumping and subsidy rates likely to prevail should the 
Orders be revoked.\4\
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    \1\  See Common Alloy Aluminum Sheet from the People's Republic 
of China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019); 
see also Common Alloy Aluminum Sheet from the People's Republic of 
China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019) 
(collectively, Orders).
    \2\ See Common Alloy Aluminum Sheet from China; Institution of 
Five-Year Reviews, 89 FR 96 (January 2, 2024).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 66 
(January 2, 2024).
    \4\  See Common Alloy Aluminum Sheet from the People's Republic 
of China: Final Results of the Expedited First Sunset Review of the 
Antidumping Duty Order, 89 FR 38096 (May 7, 2024), and accompanying 
Issues and Decision Memorandum (IDM); see also Common Alloy Aluminum 
Sheet from the People's Republic of China: Final Results of the 
First Expedited Sunset Review of the Countervailing Duty Order on 
Common Alloy Aluminum Sheet From the People's Republic of China, 89 
FR 38095 (May 7, 2024), and accompanying IDM.
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    On August 28, 2024, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \5\ See Common Alloy Aluminum Sheet from China, 89 FR 68930 
(August 28, 2024).
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Scope of the Orders

    The merchandise covered by these Orders is aluminum common alloy 
sheet (common alloy 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 these Orders 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.
    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 Orders if 
performed in the country of manufacture of the common alloy sheet.
    Excluded from the scope of these Orders 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, 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. 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, 7606.12.3090, 7606.12.6000, 
7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Further, 
merchandise that falls within the scope of these Orders may also be 
entered into the United States under HTSUS subheadings 7606.11.3030, 
7606.12.3030, 7606.91.3060, 7606.91.6040, 7606.92.3060, 7606.92.6040, 
7607.11.9090. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of these Orders is dispositive.

[[Page 72827]]

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to continuation or 
recurrence of dumping and countervailable subsidies, and material 
injury to an industry in the United States, pursuant to section 
751(d)(2) of the Act, Commerce hereby orders the continuation of the 
Orders. U.S. Customs and Border Protection will continue to collect AD 
and CVD cash deposits at the rates in effect at the time of entry for 
all imports of subject merchandise.
    The effective date of the continuation of the Orders will be August 
28, 2024.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year reviews 
of the Orders not later than 30 days prior to fifth anniversary of the 
date of the last determination by the ITC.
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    \6\ Id.
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Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: August 29, 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. 2024-19942 Filed 9-5-24; 8:45 am]
BILLING CODE 3510-DS-P