83_FR_17729 83 FR 17651 - Common Alloy Aluminum Sheet From the People's Republic of China: Preliminary Affirmative Countervailing Duty (CVD) Determination, Alignment of Final CVD Determination With Final Antidumping Duty Determination, and Preliminary CVD Determination of Critical Circumstances

83 FR 17651 - Common Alloy Aluminum Sheet From the People's Republic of China: Preliminary Affirmative Countervailing Duty (CVD) Determination, Alignment of Final CVD Determination With Final Antidumping Duty Determination, and Preliminary CVD Determination of Critical Circumstances

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 78 (April 23, 2018)

Page Range17651-17653
FR Document2018-08391

The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of common alloy aluminum sheet (common alloy sheet) from the People's Republic of China (China). The period of investigation is January 1, 2016, through December 31, 2016. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 83 Issue 78 (Monday, April 23, 2018)
[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)]
[Notices]
[Pages 17651-17653]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08391]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-074]


Common Alloy Aluminum Sheet From the People's Republic of China: 
Preliminary Affirmative Countervailing Duty (CVD) Determination, 
Alignment of Final CVD Determination With Final Antidumping Duty 
Determination, and Preliminary CVD Determination of Critical 
Circumstances

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of common alloy aluminum sheet (common alloy sheet) from the 
People's Republic of China (China). The period of investigation is 
January 1, 2016, through December 31, 2016. Interested parties are 
invited to comment on this preliminary determination.

DATES: Applicable April 23, 2018.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, Lana Nigro, or John 
Anwesen, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3813, (202) 482-1779, or 
(202) 482-0131, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on December 4, 
2017.\1\ On January 19, 2018, Commerce postponed the preliminary 
determination of this investigation until April 16, 2018.\2\ For a 
complete description of the events that followed the initiation of this 
investigation, see the Preliminary Decision Memorandum.\3\ A list of 
topics discussed 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 
http://access.trade.gov, and is available to all parties in the Central 
Records Unit, room B8024 of the main Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/. The signed and 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Initiation of Less-Than-Fair-Value and Countervailing Duty 
Investigation, 82 FR 57214 (December 4, 2017) (Initiation Notice).
    \2\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Postponement of Preliminary Determination in the 
Countervailing Duty Investigation, 83 FR 2768 (January 19, 2018); 
see also Commerce memorandum, ``Countervailing Duty Investigation of 
Common Alloy Aluminum Sheet from the People's Republic of China: 
Correction of the Preliminary Determination Deadline,'' dated April 
9, 2018.
    \3\ See Decision Memorandum for the Preliminary Affirmative 
Determination: Countervailing Duty Investigation of Common Alloy 
Aluminum Sheet from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is common alloy sheet 
from China. 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\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. Commerce intends to issue its preliminary 
decision regarding comments concerning the scope of the antidumping 
duty (AD) and CVD investigations in the preliminary determination of 
the companion AD investigation.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.

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

[[Page 17652]]

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\6\ In making these findings, we relied, in part, on facts 
available and, because one or more respondents did not act to the best 
of their ability to respond to Commerce's requests for information, we 
drew an adverse inference where appropriate in selecting from among the 
facts otherwise available.\7\ For further information, see ``Use of 
Facts Otherwise Available and Adverse Inferences'' in the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
    \7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Preliminary Affirmative Determination of Critical Circumstances, in 
Part

    In accordance with section 703(e)(1) of the Act, Commerce 
preliminarily determines that critical circumstances exist with respect 
to imports of common alloy sheet from China for Chalco Ruimin Co., 
Ltd.; Chalco-SWA Cold Rolling Co., Ltd., and all other exporters or 
producers not individually examined. Commerce preliminarily determines 
that critical circumstances do not exist with respect to Yong Jie New 
Material Co., Ltd.; Henan Mingtai Industrial Co., Ltd.; and Zhengzhou 
Mingtai Industry Co., Ltd. For a full description of the methodology 
and results of Commerce's analysis, see the Preliminary Decision 
Memorandum.

Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is 
aligning the final determination in this investigation with the final 
determination in the companion AD investigation of common alloy sheet 
from China. Consequently, the final CVD determination will be issued on 
the same date as the final AD determination, which is currently 
scheduled to be issued no later than August 29, 2018, unless postponed.

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act. Notwithstanding the language of section 705(c)(5)(A)(i) 
of the Act, we have not calculated the ``all-others'' rate by weight-
averaging the rates of the two individually investigated respondents, 
because doing so risks disclosure of proprietary information. 
Therefore, for the ``all-others'' rate, we calculated a simple average 
of the two responding companies' rates.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:
---------------------------------------------------------------------------

    \8\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found Henan Gongdian Thermal Co., Ltd. to be cross-
owned with Henan Mingtai Industrial Co., Ltd. and Zhengzhou Mingtai 
Industry Co., Ltd.
    \9\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Yong Jie New Material: Zhejiang Yongjie Aluminum Co., Ltd.; Zhejiang 
Nanjie Industry Co., Ltd; Zhejiang Yongjie Holding Co., Ltd; and 
Nanjie Resources Co., Ltd.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Chalco Ruimin Co., Ltd..................................          113.30
Chalco-SWA Cold Rolling Co., Ltd........................          113.30
Henan Mingtai Industrial Co., Ltd./Zhengzhou Mingtai               34.99
 Industry Co., Ltd \8\..................................
Yong Jie New Material Co., Ltd \9\......................           31.20
All-Others..............................................           33.10
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (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 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
Commerce will instruct CBP to require a cash deposit equal to the rates 
indicated above.
    Section 703(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered, or (b) the date on which notice of 
initiation of the investigation was published. Commerce preliminarily 
finds that critical circumstances exist for imports of subject 
merchandise produced and/or exported by Chalco Ruimin Co., Ltd.; 
Chalco-SWA Cold Rolling Co., Ltd., and all other exporters or producers 
not individually examined. In accordance with section 703(e)(2)(A) of 
the Act, the suspension of liquidation shall apply to unliquidated 
entries of merchandise from the exporters/producers identified in this 
paragraph that were entered, or withdrawn from warehouse, for 
consumption on or after the date which is 90 days before the 
publication of this notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date 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.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    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 party's name, address, and telephone number, the

[[Page 17653]]

number of participants, and a list of the issues to be discussed. If a 
request for a hearing is made, Commerce intends to hold the hearing at 
the U.S. Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230, at a time and date to be determined. Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its determination. 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.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

     Dated: April 16, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, 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 the investigation 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 the investigation 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 investigation if performed in the 
country of manufacture of the common alloy sheet.
    Excluded from the scope of the investigation 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 investigation 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 this investigation is 
dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Preliminary Determination of Critical Circumstances
VII. Application of the CVD Law to Imports From China
VIII. Subsidies Valuation
IX. Benchmarks and Interest Rates
X. Use of Facts Otherwise Available and Adverse Inferences
XI. Analysis of Programs
XII. ITC Notification
XIII. Disclosure and Public Comment
XIV. Verification
XV. Conclusion

[FR Doc. 2018-08391 Filed 4-20-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                            Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices                                                     17651

                                             • NEO Tech.; Chatsworth, CA                             • Unitech Aerospace; Hayden, ID                        2018, Commerce postponed the
                                             • Net-Inspect, LLC; Kirkland, WA                        • United Technologies Corporation;                     preliminary determination of this
                                             • New England Airfoil Products, Inc.;                     Hartford, CT                                         investigation until April 16, 2018.2 For
                                               Farmington, CT                                        • Verify, Inc.; Irvine, CA                             a complete description of the events that
                                             • Nokia US; Murray Hill, NJ                             • Virgin Galactic, LLC; Las Cruces, NM                 followed the initiation of this
                                             • Norsk Titanium US Inc.; Plattsburgh,                  • Wesco Aircraft Hardware Corporation;
                                                                                                                                                            investigation, see the Preliminary
                                               NY                                                      Valencia, CA
                                                                                                     • Woodward, Inc.; Fort Collins, CO                     Decision Memorandum.3 A list of topics
                                             • Northrop Grumman Corporation; Los
                                               Angeles, CA                                           • Xerox; Norwalk, CT                                   discussed in the Preliminary Decision
                                                                                                                                                            Memorandum is included as Appendix
                                             • Omega Aerial Refueling Services, Inc.;                  Dated: April 16, 2018.
                                                                                                                                                            II to this notice. The Preliminary
                                               Alexandria, VA                                        Joseph Flynn,
                                                                                                                                                            Decision Memorandum is a public
                                             • O’Neil & Associates, Inc.; Miamisburg,                Director, Office of Trade and Economic
                                               OH                                                                                                           document and is on file electronically
                                                                                                     Analysis, International Trade Administration.
                                             • Orbital ATK, Inc.; Dulles, VA                                                                                via Enforcement and Compliance’s
                                                                                                     [FR Doc. 2018–08404 Filed 4–20–18; 8:45 am]
                                             • Pacific Design Technologies; Goleta,                                                                         Antidumping and Countervailing Duty
                                                                                                     BILLING CODE 3510–DR–P
                                               CA                                                                                                           Centralized Electronic Service System
                                             • Parker Aerospace; Irvine, CA                                                                                 (ACCESS). ACCESS is available to
                                             • Pegasus Steel, LLC; Goose Creek, SC                   DEPARTMENT OF COMMERCE                                 registered users at http://
                                             • Plexus Corporation; Neenah, WI                                                                               access.trade.gov, and is available to all
                                             • PPG Aerospace-Sierracin Corporation;                  International Trade Administration                     parties in the Central Records Unit,
                                               Sylmar, CA                                            [C–570–074]
                                                                                                                                                            room B8024 of the main Commerce
                                             • PrecisionHawk Inc.; Raleigh, NC                                                                              building. In addition, a complete
                                             • Primus Aerospace; Lakewood, CO                        Common Alloy Aluminum Sheet From                       version of the Preliminary Decision
                                             • Primus Technologies Corporation;                      the People’s Republic of China:                        Memorandum can be accessed directly
                                               Williamsport, PA                                      Preliminary Affirmative Countervailing                 at http://enforcement.trade.gov/frn/.
                                             • PTC Inc.; Needham, MA                                 Duty (CVD) Determination, Alignment                    The signed and electronic versions of
                                             • PWC Aerospace & Defense Advisory                      of Final CVD Determination With Final                  the Preliminary Decision Memorandum
                                               Services; McLean, VA                                  Antidumping Duty Determination, and                    are identical in content.
                                             • Range Generation Next LLC; Sterling,                  Preliminary CVD Determination of
                                               VA                                                    Critical Circumstances                                 Scope of the Investigation
                                             • Raytheon Company; Waltham, MA
                                             • Rhinestahl Corporation; Mason, OH                     AGENCY:  Enforcement and Compliance,                      The product covered by this
                                             • Rix Industries; Benecia, CA                           International Trade Administration,                    investigation is common alloy sheet
                                             • Rockwell Collins; Cedar Rapids, IA                    Department of Commerce.                                from China. For a complete description
                                             • Rolls-Royce North America Inc.;                       SUMMARY: The Department of Commerce                    of the scope of this investigation, see
                                               Reston, VA                                            (Commerce) preliminarily determines                    Appendix I.
                                             • salesforce.com, inc.; San Francisco,                  that countervailable subsidies are being
                                               CA                                                                                                           Scope Comments
                                                                                                     provided to producers and exporters of
                                             • SAP America, Inc.; Newtown Square,                    common alloy aluminum sheet                              In accordance with the preamble to
                                               PA                                                    (common alloy sheet) from the People’s                 Commerce’s regulations,4 the Initiation
                                             • Securitas Critical Infrastructure                     Republic of China (China). The period                  Notice set aside a period of time for
                                               Services, Inc.; Springfield, VA                       of investigation is January 1, 2016,                   parties to raise issues regarding product
                                             • Siemens PLM Software; Plano, TX                       through December 31, 2016. Interested                  coverage, (i.e., scope).5 Certain
                                             • Sierra Nevada Corporation, Space                      parties are invited to comment on this                 interested parties commented on the
                                               Systems; Littleton, CO                                preliminary determination.
                                             • Sparton Corporation; Schaumburg, IL                                                                          scope of the investigation as it appeared
                                                                                                     DATES: Applicable April 23, 2018.                      in the Initiation Notice. Commerce
                                             • Special Aerospace Services, LLC;
                                                                                                     FOR FURTHER INFORMATION CONTACT:                       intends to issue its preliminary decision
                                               Boulder, CO
                                                                                                     Yasmin Bordas, Lana Nigro, or John                     regarding comments concerning the
                                             • Spirit AeroSystems; Wichita, KS
                                                                                                     Anwesen, Enforcement and
                                             • SupplyOn North America, Inc.; San                                                                            scope of the antidumping duty (AD) and
                                                                                                     Compliance, International Trade                        CVD investigations in the preliminary
                                               Diego, CA
                                             • Tech Manufacturing, LLC; Wright                       Administration, U.S. Department of                     determination of the companion AD
                                               City, MO                                              Commerce, 1401 Constitution Avenue                     investigation.
                                             • Textron Inc.; Providence, RI                          NW, Washington, DC 20230; telephone:
                                             • The Aerospace Corporation, Civil                      (202) 482–3813, (202) 482–1779, or                        2 See Common Alloy Aluminum Sheet from the

                                               Systems Group; El Segundo, CA                         (202) 482–0131, respectively.                          People’s Republic of China: Postponement of
                                                                                                     SUPPLEMENTARY INFORMATION:                             Preliminary Determination in the Countervailing
                                             • The Boeing Company; Chicago, IL                                                                              Duty Investigation, 83 FR 2768 (January 19, 2018);
                                             • The Lundquist Group LLC                               Background                                             see also Commerce memorandum, ‘‘Countervailing
                                             • The NORDAM Group, Inc.; Tulsa, OK                                                                            Duty Investigation of Common Alloy Aluminum
                                             • The Padina Group, Inc.; Lancaster, PA                    This preliminary determination is                   Sheet from the People’s Republic of China:
                                             • Therm, Incorporated; Ithaca, NY                       made in accordance with section 703(b)                 Correction of the Preliminary Determination
                                                                                                     of the Tariff Act of 1930, as amended                  Deadline,’’ dated April 9, 2018.
                                             • Tip Technologies; Waukesha, WI                                                                                  3 See Decision Memorandum for the Preliminary
                                                                                                     (the Act). Commerce published the
amozie on DSK30RV082PROD with NOTICES




                                             • Tribus Aerospace Corporation;                                                                                Affirmative Determination: Countervailing Duty
                                               Poway, CA                                             notice of initiation of this investigation             Investigation of Common Alloy Aluminum Sheet
                                             • TriMas Aerospace; Los Angeles, CA                     on December 4, 2017.1 On January 19,                   from the People’s Republic of China,’’ dated
                                                                                                                                                            concurrently with, and hereby adopted by, this
                                             • Triumph Group, Inc.; Wayne, PA                          1 See Common Alloy Aluminum Sheet from the           notice (Preliminary Decision Memorandum).
                                             • TT Electronics; Perry, OH                             People’s Republic of China: Initiation of Less-Than-      4 See Antidumping Duties; Countervailing Duties,
                                             • Universal Protection Services; Santa                  Fair-Value and Countervailing Duty Investigation,      Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                               Ana, CA                                               82 FR 57214 (December 4, 2017) (Initiation Notice).       5 See Initiation Notice.




                                        VerDate Sep<11>2014   17:09 Apr 20, 2018   Jkt 244001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\23APN1.SGM   23APN1


                                             17652                           Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices

                                             Methodology                                             for companies not individually                                date on which the suspension of
                                               Commerce is conducting this                           examined. This rate shall be an amount                        liquidation was first ordered, or (b) the
                                             investigation in accordance with section                equal to the weighted average of the                          date on which notice of initiation of the
                                             701 of the Act. For each of the subsidy                 estimated subsidy rates established for                       investigation was published. Commerce
                                             programs found countervailable,                         those companies individually                                  preliminarily finds that critical
                                             Commerce preliminarily determines                       examined, excluding any zero and de                           circumstances exist for imports of
                                             that there is a subsidy, i.e., a financial              minimis rates and any rates based                             subject merchandise produced and/or
                                             contribution by an ‘‘authority’’ that                   entirely under section 776 of the Act.                        exported by Chalco Ruimin Co., Ltd.;
                                             gives rise to a benefit to the recipient,               Notwithstanding the language of section                       Chalco-SWA Cold Rolling Co., Ltd., and
                                                                                                     705(c)(5)(A)(i) of the Act, we have not                       all other exporters or producers not
                                             and that the subsidy is specific.6 In
                                                                                                     calculated the ‘‘all-others’’ rate by                         individually examined. In accordance
                                             making these findings, we relied, in
                                                                                                     weight-averaging the rates of the two                         with section 703(e)(2)(A) of the Act, the
                                             part, on facts available and, because one
                                                                                                     individually investigated respondents,                        suspension of liquidation shall apply to
                                             or more respondents did not act to the
                                                                                                     because doing so risks disclosure of                          unliquidated entries of merchandise
                                             best of their ability to respond to
                                                                                                     proprietary information. Therefore, for                       from the exporters/producers identified
                                             Commerce’s requests for information,
                                                                                                     the ‘‘all-others’’ rate, we calculated a                      in this paragraph that were entered, or
                                             we drew an adverse inference where
                                                                                                     simple average of the two responding                          withdrawn from warehouse, for
                                             appropriate in selecting from among the
                                                                                                     companies’ rates.                                             consumption on or after the date which
                                             facts otherwise available.7 For further
                                             information, see ‘‘Use of Facts                         Preliminary Determination                                     is 90 days before the publication of this
                                             Otherwise Available and Adverse                                                                                       notice.
                                                                                                       Commerce preliminarily determines
                                             Inferences’’ in the Preliminary Decision                that the following estimated                                Disclosure
                                             Memorandum.                                             countervailable subsidy rates exist:                          Commerce intends to disclose its
                                             Preliminary Affirmative Determination                                                                               calculations and analysis performed to
                                             of Critical Circumstances, in Part                                                                     Subsidy rate interested parties in this preliminary
                                                                                                                   Company                           (percent)
                                                In accordance with section 703(e)(1)                                                                             determination within five days of its
                                             of the Act, Commerce preliminarily                      Chalco Ruimin Co., Ltd ........                      113.30 public announcement, or if there is no
                                             determines that critical circumstances                  Chalco-SWA Cold Rolling                                     public announcement, within five days
                                                                                                       Co., Ltd .............................             113.30 of the date of this notice in accordance
                                             exist with respect to imports of common                 Henan Mingtai Industrial Co.,
                                             alloy sheet from China for Chalco                                                                                   with 19 CFR 351.224(b).
                                                                                                       Ltd./Zhengzhou Mingtai In-
                                             Ruimin Co., Ltd.; Chalco-SWA Cold                         dustry Co., Ltd 8 ................                  34.99 Verification
                                             Rolling Co., Ltd., and all other exporters              Yong Jie New Material Co.,                                     As provided in section 782(i)(1) of the
                                             or producers not individually examined.                   Ltd 9 ...................................           31.20
                                                                                                                                                                 Act, Commerce intends to verify the
                                             Commerce preliminarily determines                       All-Others ..............................             33.10
                                                                                                                                                                 information relied upon in making its
                                             that critical circumstances do not exist                                                                            final determination.
                                             with respect to Yong Jie New Material                   Suspension of Liquidation
                                             Co., Ltd.; Henan Mingtai Industrial Co.,                   In accordance with section                                 Public Comment
                                             Ltd.; and Zhengzhou Mingtai Industry                    703(d)(1)(B) and (d)(2) of the Act,                              Case briefs or other written comments
                                             Co., Ltd. For a full description of the                 Commerce will direct U.S. Customs and                         may be submitted to the Assistant
                                             methodology and results of Commerce’s                   Border Protection (CBP) to suspend                            Secretary for Enforcement and
                                             analysis, see the Preliminary Decision                  liquidation of entries of subject                             Compliance no later than seven days
                                             Memorandum.                                             merchandise as described in the scope                         after the date on which the last
                                             Alignment                                               of the investigation section entered, or                      verification report is issued in this
                                                                                                     withdrawn from warehouse, for                                 investigation. Rebuttal briefs, limited to
                                                As noted in the Preliminary Decision                 consumption on or after the date of                           issues raised in case briefs, may be
                                             Memorandum, in accordance with                          publication of this notice in the Federal                     submitted no later than five days after
                                             section 705(a)(1) of the Act and 19 CFR                 Register. Further, pursuant to 19 CFR                         the deadline date for case briefs.10
                                             351.210(b)(4), Commerce is aligning the                 351.205(d), Commerce will instruct CBP                        Pursuant to 19 CFR 351.309(c)(2) and
                                             final determination in this investigation               to require a cash deposit equal to the                        (d)(2), parties who submit case briefs or
                                             with the final determination in the                     rates indicated above.                                        rebuttal briefs in this investigation are
                                             companion AD investigation of common                       Section 703(e)(2) of the Act provides                      encouraged to submit with each
                                             alloy sheet from China. Consequently,                   that, given an affirmative determination                      argument: (1) A statement of the issue;
                                             the final CVD determination will be                     of critical circumstances, any                                (2) a brief summary of the argument;
                                             issued on the same date as the final AD                 suspension of liquidation shall apply to                      and (3) a table of authorities.
                                             determination, which is currently                       unliquidated entries of merchandise                              Pursuant to 19 CFR 351.310(c),
                                             scheduled to be issued no later than                    entered, or withdrawn from warehouse,                         interested parties who wish to request a
                                             August 29, 2018, unless postponed.                      for consumption on or after the later of                      hearing, limited to issues raised in the
                                             All-Others Rate                                         (a) the date which is 90 days before the                      case and rebuttal briefs, must submit a
                                                                                                                                                                   written request to the Assistant
                                               Sections 703(d) and 705(c)(5)(A) of                     8 As discussed in the Preliminary Decision
                                                                                                                                                                   Secretary for Enforcement and
                                             the Act provide that in the preliminary                 Memorandum, Commerce has found Henan
                                                                                                     Gongdian Thermal Co., Ltd. to be cross-owned with             Compliance, U.S. Department of
                                             determination, Commerce shall
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                                                                                                     Henan Mingtai Industrial Co., Ltd. and Zhengzhou              Commerce, within 30 days after the date
                                             determine an estimated all-others rate                  Mingtai Industry Co., Ltd.                                    of publication of this notice. Requests
                                                                                                       9 As discussed in the Preliminary Decision
                                               6 See sections 771(5)(B) and (D) of the Act
                                                                                                                                                                   should contain the party’s name,
                                                                                                     Memorandum, Commerce has found the following
                                             regarding financial contribution; section 771(5)(E)     companies to be cross-owned with Yong Jie New
                                                                                                                                                                   address, and telephone number, the
                                             of the Act regarding benefit; and section 771(5A) of    Material: Zhejiang Yongjie Aluminum Co., Ltd.;
                                             the Act regarding specificity.                          Zhejiang Nanjie Industry Co., Ltd; Zhejiang Yongjie              10 See 19 CFR 351.309; see also 19 CFR 351.303
                                               7 See sections 776(a) and (b) of the Act.             Holding Co., Ltd; and Nanjie Resources Co., Ltd.              (for general filing requirements).



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                                                                            Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices                                          17653

                                             number of participants, and a list of the                  Excluded from the scope of the                     DEPARTMENT OF COMMERCE
                                             issues to be discussed. If a request for                investigation is aluminum can stock, which
                                             a hearing is made, Commerce intends to                  is suitable for use in the manufacture of             National Oceanic and Atmospheric
                                             hold the hearing at the U.S. Department                 aluminum beverage cans, lids of such cans,            Administration
                                             of Commerce, 1401 Constitution Avenue                   or tabs used to open such cans. Aluminum
                                                                                                                                                           RIN 0648–XG165
                                             NW, Washington, DC 20230, at a time                     can stock is produced to gauges that range
                                             and date to be determined. Parties                      from 0.200 mm to 0.292 mm, and has an H–              Magnuson-Stevens Act Provisions;
                                             should confirm by telephone the date,                   19, H–41, H–48, or H–391 temper. In                   General Provisions for Domestic
                                             time, and location of the hearing two                   addition, aluminum can stock has a lubricant          Fisheries; Application for Exempted
                                             days before the scheduled date.                         applied to the flat surfaces of the can stock
                                                                                                                                                           Fishing Permits
                                                                                                     to facilitate its movement through machines
                                             International Trade Commission                          used in the manufacture of beverage cans.             AGENCY:  National Marine Fisheries
                                             Notification                                            Aluminum can stock is properly classified             Service (NMFS), National Oceanic and
                                                In accordance with section 703(f) of                 under Harmonized Tariff Schedule of the               Atmospheric Administration (NOAA),
                                             the Act, Commerce will notify the                       United States (HTSUS) subheadings                     Commerce.
                                             International Trade Commission (ITC) of                 7606.12.3045 and 7606.12.3055.                        ACTION: Notice; request for comments.
                                             its determination. If the final                            Where the nominal and actual
                                             determination is affirmative, the ITC                   measurements vary, a product is within the            SUMMARY:   The Assistant Regional
                                             will determine before the later of 120                  scope if application of either the nominal or         Administrator for Sustainable Fisheries,
                                             days after the date of this preliminary                 actual measurement would place it within              Greater Atlantic Region, NMFS, has
                                             determination or 45 days after the final                the scope based on the definitions set for the        made a preliminary determination that
                                                                                                     above.                                                an Exempted Fishing Permit application
                                             determination.
                                                                                                        Common alloy sheet is currently                    contains all of the required information
                                             Notification to Interested Parties                      classifiable under HTSUS subheadings                  and warrants further consideration. This
                                               This determination is issued and                      7606.11.3060, 7606.11.6000, 7606.12.3090,             Exempted Fishing Permit would exempt
                                             published pursuant to sections 703(f)                   7606.12.6000, 7606.91.3090, 7606.91.6080,             one commercial fishing vessel from the
                                                                                                     7606.92.3090, and 7606.92.6080. Further,              Northeast multispecies minimum mesh
                                             and 777(i) of the Act and 19 CFR
                                                                                                     merchandise that falls within the scope of            size and minimum fish size regulations
                                             351.205(c).
                                                                                                     these investigation may also be entered into          in support of gear research to target
                                               Dated: April 16, 2018.                                the United States under HTSUS subheadings             healthy haddock and redfish stocks.
                                             Gary Taverman,                                          7606.11.3030, 7606.12.3030, 7606.91.3060,                Regulations under the Magnuson-
                                             Deputy Assistant Secretary for Antidumping              7606.91.6040, 7606.92.3060, 7606.92.6040,             Stevens Fishery Conservation and
                                             and Countervailing Duty Operations,                     7607.11.9090. Although the HTSUS                      Management Act require publication of
                                             performing the non-exclusive functions and              subheadings are provided for convenience              this notification to provide interested
                                             duties of the Assistant Secretary for                   and customs purposes, the written
                                             Enforcement and Compliance.                                                                                   parties the opportunity to comment on
                                                                                                     description of the scope of this investigation        applications for proposed Exempted
                                             Appendix I                                              is dispositive.                                       Fishing Permits.
                                                                                                                                                           DATES: Comments must be received on
                                             Scope of the Investigation                              Appendix II
                                                                                                                                                           or before May 8, 2018.
                                                The merchandise covered by the
                                                                                                     List of Topics Discussed in the Preliminary           ADDRESSES: You may submit written
                                             investigation is aluminum common alloy
                                             sheet (common alloy sheet), which is a flat-            Decision Memorandum                                   comments by any of the following
                                             rolled aluminum product having a thickness              I. Summary                                            methods:
                                             of 6.3 mm or less, but greater than 0.2 mm,             II. Background                                           • Email: nmfs.gar.efp@noaa.gov.
                                             in coils or cut-to-length, regardless of width.         III. Scope Comments                                   Include in the subject line ‘‘GMRI Off-
                                             Common alloy sheet within the scope of the              IV. Scope of the Investigation                        bottom Trawl EFP.’’
                                             investigation includes both not clad
                                                                                                     V. Injury Test                                           • Mail: Michael Pentony, Regional
                                             aluminum sheet, as well as multi-alloy, clad                                                                  Administrator, NMFS, Greater Atlantic
                                             aluminum sheet. With respect to not clad                VI. Preliminary Determination of Critical
                                                                                                           Circumstances                                   Regional Fisheries Office, 55 Great
                                             aluminum sheet, common alloy sheet is
                                                                                                     VII. Application of the CVD Law to Imports            Republic Drive, Gloucester, MA 01930.
                                             manufactured from a 1XXX-, 3XXX-, or
                                             5XXX-series alloy as designated by the                        From China                                      Mark the outside of the envelope ‘‘GMRI
                                             Aluminum Association. With respect to                   VIII. Subsidies Valuation                             Off-bottom Trawl EFP.’’
                                             multi-alloy, clad aluminum sheet, common                IX. Benchmarks and Interest Rates                     FOR FURTHER INFORMATION CONTACT:
                                             alloy sheet is produced from a 3XXX-series              X. Use of Facts Otherwise Available and               Spencer Talmage, Fishery Management
                                             core, to which cladding layers are applied to                 Adverse Inferences                              Specialist, 978–281–9232.
                                             either one or both sides of the core.                   XI. Analysis of Programs                              SUPPLEMENTARY INFORMATION: The Gulf
                                                Common alloy sheet may be made to                    XII. ITC Notification
                                             ASTM specification B209–14, but can also be                                                                   of Maine Research Institute (GMRI)
                                                                                                     XIII. Disclosure and Public Comment                   submitted a complete application for an
                                             made to other specifications. Regardless of
                                             specification, however, all common alloy                XIV. Verification                                     Exempted Fishing Permit (EFP) on
                                             sheet meeting the scope description is                  XV. Conclusion                                        March 20, 2018, in support of a 2016
                                             included in the scope. Subject merchandise              [FR Doc. 2018–08391 Filed 4–20–18; 8:45 am]           Saltonstall-Kennedy Program project
                                             includes common alloy sheet that has been               BILLING CODE 3510–DS–P                                titled ‘‘Complementary testing of off-
                                             further processed in a third country,
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                                                                                                                                                           bottom trawls to target Georges Bank
                                             including but not limited to annealing,                                                                       haddock.’’ The EFP would exempt one
                                             tempering, painting, varnishing, trimming,
                                             cutting, punching, and/or slitting, or any
                                                                                                                                                           fishing vessel from minimum mesh size
                                             other processing that would not otherwise                                                                     requirements at 50 CFR 648.80(a)(3)(ii)
                                             remove the merchandise from the scope of                                                                      and temporarily exempt the vessel from
                                             the investigation if performed in the country                                                                 minimum fish size requirements in 50
                                             of manufacture of the common alloy sheet.                                                                     CFR part 648, subparts B and D through


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Document Created: 2018-04-21 00:33:26
Document Modified: 2018-04-21 00:33:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable April 23, 2018.
ContactYasmin Bordas, Lana Nigro, or John Anwesen, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3813, (202) 482-1779, or (202) 482-0131, respectively.
FR Citation83 FR 17651 

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