83_FR_39209 83 FR 39056 - Common Alloy Aluminum Sheet From the People's Republic of China: Amended Preliminary Affirmative Determination of Sales at Less Than Fair Value

83 FR 39056 - Common Alloy Aluminum Sheet From the People's Republic of China: Amended Preliminary Affirmative Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 153 (August 8, 2018)

Page Range39056-39058
FR Document2018-16897

The Department of Commerce (Commerce) is amending the preliminary determination of the less-than-fair-value (LTFV) investigation of common alloy aluminum sheet (aluminum sheet) from the People's Republic of China (China) to correct a significant ministerial error.

Federal Register, Volume 83 Issue 153 (Wednesday, August 8, 2018)
[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Notices]
[Pages 39056-39058]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16897]



[[Page 39056]]

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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-073]


Common Alloy Aluminum Sheet From the People's Republic of China: 
Amended Preliminary Affirmative Determination of Sales at Less Than 
Fair Value

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

SUMMARY: The Department of Commerce (Commerce) is amending the 
preliminary determination of the less-than-fair-value (LTFV) 
investigation of common alloy aluminum sheet (aluminum sheet) from the 
People's Republic of China (China) to correct a significant ministerial 
error.

DATES: Applicable August 8, 2018.

FOR FURTHER INFORMATION CONTACT: Deborah Scott or Scott Hoefke, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2657 or (202) 482-4947, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 22, 2018, Commerce published in the Federal Register the 
Preliminary Determination,\1\ and completed the disclosure of all 
calculation materials to interested parties. On June 26, 2018, Henan 
Mingtai Al Industrial Co., Ltd. and Zhengzhou Mingtai Industry Co., 
Ltd. (collectively, Mingtai), timely filed a ministerial error 
allegation regarding the Preliminary Determination.\2\ Commerce did not 
receive ministerial error allegations or comments from any other 
interested party.
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Investigation of Common Alloy Aluminum 
Sheet from the People's Republic of China: Affirmative Preliminary 
Determination of Sales at Less-Than-Fair Value, Preliminary 
Affirmative Determination of Critical Circumstances, and 
Postponement of Final Determination, 83 FR 29088 (June 22, 2018) 
(Preliminary Determination).
    \2\ See Letter from Mingtai, ``Common Alloy Aluminum Sheet from 
the People's Republic of China--Ministerial Error Allegation,'' 
dated June 26, 2018.
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation is April 1, 2017 through September 30, 
2017.

Scope of the Investigation

    The product covered by this investigation is aluminum sheet from 
China. For a complete description of the scope of this investigation, 
see the Appendix to this notice.

Analysis of Significant Ministerial Error Allegation

    Commerce will analyze any comments received and, if appropriate, 
correct any significant ministerial error by amending the preliminary 
determination according to 19 CFR 351.224(e). A ministerial error is 
defined in 19 CFR 351.224(f) as ``an error 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 the Secretary considers ministerial.'' \3\ A 
significant ministerial error is defined as a ministerial error, the 
correction of which, 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 antidumping duty rate calculated 
in the original preliminary determination; or (2) a difference between 
an antidumping duty rate of zero or de minimis and an antidumping duty 
rate of greater than de minimis or vice versa.\4\
---------------------------------------------------------------------------

    \3\ See also section 735(e) of the Tariff Act of 1930, as 
amended (the Act).
    \4\ See 19 CFR 351.224(g).
---------------------------------------------------------------------------

Amended Preliminary Determination

    Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the 
Preliminary Determination to reflect the correction of one ministerial 
error made in the calculation of the estimated weighted-average dumping 
margin for Mingtai.\5\ This error is a significant ministerial error 
within the meaning of 19 CFR 351.224(g) because Mingtai's margin 
decreases from 167.16 percent to 91.47 percent as a result of 
correcting this ministerial error, exceeding the specified threshold, 
i.e., a change of at least five absolute percentage points in, but not 
less than 25 percent of, the antidumping duty rate calculated in the 
original preliminary determination.\6\
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Less-Than-Fair-Value Investigation of 
Common Alloy Aluminum Sheet from the People's Republic of China: 
Allegation of Ministerial Error in the Preliminary Determination,'' 
dated concurrently with this notice (Ministerial Error Memorandum).
    \6\ See Memorandum, ``Analysis for the Amended Preliminary 
Determination of the Less-Than-Fair-Value Investigation of Common 
Alloy Aluminum Sheet from the People's Republic of China for Henan 
Mingtai Al Industrial Co., Ltd. and Zhengzhou Mingtai Industry Co., 
Ltd.,'' dated concurrently with this notice.
---------------------------------------------------------------------------

    Mingtai is the only mandatory respondent for which Commerce 
calculated a weighted-average dumping margin in the Preliminary 
Determination. For this reason, we assigned Mingtai's calculated rate 
to the non-examined respondents that preliminarily received a separate 
rate.\7\ Accordingly, as part of this amended preliminary 
determination, Commerce will amend the estimated weighted-average 
dumping margin to 91.47 percent for each non-examined respondent that 
preliminarily received a separate rate.
---------------------------------------------------------------------------

    \7\ See Preliminary Determination, 83 FR at 29090.
---------------------------------------------------------------------------

    In the Preliminary Determination, we found that Nanjie Resources 
Co., Limited, Yong Jie New Material Co., Ltd., and Zhejiang Yongjie 
Aluminum Co., Ltd. (collectively, the Yongjie Companies), Zhejiang GKO 
Aluminium Stock Co., Ltd. (GKO Aluminium), and the China-wide entity 
failed to cooperate by not acting to the best of their ability to 
comply with requests for information and, thus, found that an adverse 
inference was warranted in selecting from the facts otherwise 
available.\8\ In an investigation, Commerce's practice with respect to 
the assignment of a rate based on adverse facts available is to select 
the higher of: (1) The highest dumping margin alleged in the petition 
or (2) the highest calculated dumping margin of any respondent in the 
investigation.\9\ In the Preliminary Determination, because the highest 
margin in the initiation of this investigation (i.e., 59.72 percent) 
was less than the 167.16 percent margin calculated for Mingtai, we 
assigned the 167.16 percent rate to the Yongjie Companies, GKO 
Aluminium, and the China-wide entity as adverse facts available.\10\ 
For this amended preliminary determination, we examined whether the 
highest margin in the initiation of the investigation (i.e., 59.72 
percent) was less than or equal to the highest calculated margin, and 
determined that the highest calculated margin of 91.47 percent was the 
higher of the two. Because this rate is a calculated rate based on a 
mandatory respondent's data in this segment of the proceeding, it does 
not constitute secondary information and, therefore, it does not need 
to be corroborated. Therefore, for this amended preliminary 
determination, as facts available based on an adverse inference, we 
have assigned to the Yongjie Companies,

[[Page 39057]]

GKO Aluminium, and the China-wide entity a dumping margin of 91.47 
percent, which is the highest calculated rate in this proceeding.
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Antidumping Duty Investigation of Common Alloy 
Aluminum Sheet from the People's Republic of China,'' dated June 15, 
2018 (Preliminary Decision Memorandum), at 20-26.
    \9\ See, e.g., Certain Uncoated Paper from Indonesia: Final 
Determination of Sales at Less Than Fair Value, 81 FR 3101 (January 
20, 2016).
    \10\ See Preliminary Decision Memorandum, at 26.
---------------------------------------------------------------------------

Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates calculated in this amended 
preliminary determination. Because these amended rates result in 
reduced cash deposits, the amended rate for Mingtai will be effective 
retroactively to June 22, 2018, the date of publication of the 
Preliminary Determination. As Commerce preliminarily found that 
critical circumstances exist for imports of subject merchandise from 
the non-examined respondents that preliminarily received a separate 
rate, the Yongjie Companies, GKO Aluminium, and the China-wide 
entity,\11\ the amended rates for these entities will be effective 
retroactively to March 24, 2018, i.e., 90 days before the publication 
of the Preliminary Determination. Parties will be notified of this 
determination, in accordance with section 733(d) and (f) of the Act.
---------------------------------------------------------------------------

    \11\ See Preliminary Determination, 83 FR at 29089 and 
Preliminary Decision Memorandum, at 4-7.
---------------------------------------------------------------------------

Amended Preliminary Determination

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

----------------------------------------------------------------------------------------------------------------
                                                                                     Weighted-     Cash deposit
                                                                                      average      adjusted for
                  Exporter                                 Producer                   margin      subsidy offset
                                                                                     (percent)       (percent)
----------------------------------------------------------------------------------------------------------------
Henan Mingtai Al Industrial Co., Ltd./       Henan Mingtai Al Industrial Co.,              91.47           91.47
 Zhengzhou Mingtai Industry Co., Ltd.\12\.    Ltd./Zhengzhou Mingtai Industry
                                              Co., Ltd.
Alcha International Holdings Limited.......  Jiangsu Alcha Aluminium Co., Ltd...           91.47           91.47
Alumax Composite Material (Jiangyin) Co.,    Chalco Ruimin Co., Ltd.............           91.47           91.47
 Ltd.
Granges Aluminum (Shanghai) Co., Ltd.......  Granges Aluminum (Shanghai) Co.,              91.47           91.47
                                              Ltd.
Henan Founder Beyond Industry Co., Ltd.....  Henan Xintai Aluminum Industry Co.,           91.47           91.47
                                              Ltd.
Huafon Nikkei Aluminium Corporation........  Huafon Nikkei Aluminium Corporation           91.47           91.47
Jiangsu Lidao New Material Co., Ltd........  Henan Jinyang Luyue Co., Ltd.......           91.47           91.47
Jiangsu Lidao New Material Co., Ltd........  Jiangsu Zhong He Aluminum Co., Ltd.           91.47           91.47
Jiangyin Litai Ornamental Materials Co.,     Jiangyin Litai Ornamental Materials           91.47           91.47
 Ltd.                                         Co., Ltd.
Jiangyin New Alumax Composite Material Co.   Chalco Ruimin Co., Ltd.............           91.47           91.47
 Ltd.
Shandong Fuhai Industrial Co., Ltd.........  Shandong Fuhai Industrial Co., Ltd.           91.47           91.47
Tianjin Zhongwang Aluminium Co., Ltd.......  Tianjin Zhongwang Aluminium Co.,              91.47           91.47
                                              Ltd.
Xiamen Xiashun Aluminum Foil Co., Ltd......  Xiamen Xiashun Aluminum Foil Co.,             91.47           91.47
                                              Ltd.
Yantai Jintai International Trade Co., Ltd.  Shandong Nanshan...................           91.47           91.47
                                             Aluminium Co., Ltd.................
Yinbang Clad Material Co., Ltd.............  Yinbang Clad Material Co., Ltd.....           91.47           91.47
Zhengzhou Silverstone Limited..............  Henan Zhongyuan Aluminum Co., Ltd..           91.47           91.47
Zhengzhou Silverstone Limited..............  Luoyang Xinlong Aluminum Co., Ltd..           91.47           91.47
Zhengzhou Silverstone Limited..............  Shanghai Dongshuo Metal Trade Co.,            91.47           91.47
                                              Ltd.
Zhengzhou Silverstone Limited..............  Zhengzhou Mingtai Industry Co., Ltd           91.47           91.47
----------------------------------------------------------------------------------------------------------------
                                China-Wide Entity                                          91.47           91.47
----------------------------------------------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the amended 
preliminary determination, in accordance with 19 CFR 351.224.
---------------------------------------------------------------------------

    \12\ We preliminarily determined that Henan Mingtai Al 
Industrial Co., Ltd. and Zhengzhou Mingtai Industry Co., Ltd. are a 
single entity. See Preliminary Decision Memorandum, at 17-19; see 
also Memorandum, ``Preliminary Affiliation and Collapsing Memorandum 
for Henan Mingtai Al Industrial Co., Ltd. and Zhengzhou Mingtai 
Industry Co., Ltd.,'' dated June 15, 2018.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we will notify the 
International Trade Commission of our amended preliminary 
determination.
    This amended preliminary determination is issued and published 
pursuant to sections 733(f) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: July 31, 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

Scope of the Investigation

    The merchandise covered by this 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 this 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 otherprocessing 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 this 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 anH-19, H-41, H-48, or H-391 temper. In

[[Page 39058]]

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 this 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.

[FR Doc. 2018-16897 Filed 8-7-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                39056                      Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices

                                                DEPARTMENT OF COMMERCE                                  China. For a complete description of the                  Determination. For this reason, we
                                                                                                        scope of this investigation, see the                      assigned Mingtai’s calculated rate to the
                                                International Trade Administration                      Appendix to this notice.                                  non-examined respondents that
                                                [A–570–073]                                                                                                       preliminarily received a separate rate.7
                                                                                                        Analysis of Significant Ministerial
                                                                                                        Error Allegation                                          Accordingly, as part of this amended
                                                Common Alloy Aluminum Sheet From                                                                                  preliminary determination, Commerce
                                                the People’s Republic of China:                           Commerce will analyze any                               will amend the estimated weighted-
                                                Amended Preliminary Affirmative                         comments received and, if appropriate,                    average dumping margin to 91.47
                                                Determination of Sales at Less Than                     correct any significant ministerial error                 percent for each non-examined
                                                Fair Value                                              by amending the preliminary                               respondent that preliminarily received a
                                                                                                        determination according to 19 CFR                         separate rate.
                                                AGENCY:  Enforcement and Compliance,                    351.224(e). A ministerial error is                          In the Preliminary Determination, we
                                                International Trade Administration,                     defined in 19 CFR 351.224(f) as ‘‘an                      found that Nanjie Resources Co.,
                                                Department of Commerce.                                 error in addition, subtraction, or other                  Limited, Yong Jie New Material Co.,
                                                SUMMARY: The Department of Commerce                     arithmetic function, clerical error                       Ltd., and Zhejiang Yongjie Aluminum
                                                (Commerce) is amending the                              resulting from inaccurate copying,                        Co., Ltd. (collectively, the Yongjie
                                                preliminary determination of the less-                  duplication, or the like, and any other                   Companies), Zhejiang GKO Aluminium
                                                than-fair-value (LTFV) investigation of                 similar type of unintentional error                       Stock Co., Ltd. (GKO Aluminium), and
                                                common alloy aluminum sheet                             which the Secretary considers                             the China-wide entity failed to
                                                (aluminum sheet) from the People’s                      ministerial.’’ 3 A significant ministerial                cooperate by not acting to the best of
                                                Republic of China (China) to correct a                  error is defined as a ministerial error,                  their ability to comply with requests for
                                                significant ministerial error.                          the correction of which, singly or in                     information and, thus, found that an
                                                                                                        combination with other errors, would                      adverse inference was warranted in
                                                DATES: Applicable August 8, 2018.
                                                                                                        result in: (1) A change of at least five                  selecting from the facts otherwise
                                                FOR FURTHER INFORMATION CONTACT:                        absolute percentage points in, but not
                                                Deborah Scott or Scott Hoefke, AD/CVD                                                                             available.8 In an investigation,
                                                                                                        less than 25 percent of, the antidumping                  Commerce’s practice with respect to the
                                                Operations, Office VI, Enforcement and                  duty rate calculated in the original
                                                Compliance, International Trade                                                                                   assignment of a rate based on adverse
                                                                                                        preliminary determination; or (2) a                       facts available is to select the higher of:
                                                Administration, U.S. Department of                      difference between an antidumping
                                                Commerce, 1401 Constitution Avenue                                                                                (1) The highest dumping margin alleged
                                                                                                        duty rate of zero or de minimis and an
                                                NW, Washington, DC 20230; telephone:                                                                              in the petition or (2) the highest
                                                                                                        antidumping duty rate of greater than de
                                                (202) 482–2657 or (202) 482–4947,                                                                                 calculated dumping margin of any
                                                                                                        minimis or vice versa.4
                                                respectively.                                                                                                     respondent in the investigation.9 In the
                                                                                                        Amended Preliminary Determination                         Preliminary Determination, because the
                                                SUPPLEMENTARY INFORMATION:                                                                                        highest margin in the initiation of this
                                                                                                           Pursuant to 19 CFR 351.224(e) and
                                                Background                                              (g)(1), Commerce is amending the                          investigation (i.e., 59.72 percent) was
                                                                                                        Preliminary Determination to reflect the                  less than the 167.16 percent margin
                                                   On June 22, 2018, Commerce                                                                                     calculated for Mingtai, we assigned the
                                                published in the Federal Register the                   correction of one ministerial error made
                                                                                                        in the calculation of the estimated                       167.16 percent rate to the Yongjie
                                                Preliminary Determination,1 and                                                                                   Companies, GKO Aluminium, and the
                                                completed the disclosure of all                         weighted-average dumping margin for
                                                                                                        Mingtai.5 This error is a significant                     China-wide entity as adverse facts
                                                calculation materials to interested                                                                               available.10 For this amended
                                                parties. On June 26, 2018, Henan                        ministerial error within the meaning of
                                                                                                        19 CFR 351.224(g) because Mingtai’s                       preliminary determination, we
                                                Mingtai Al Industrial Co., Ltd. and                                                                               examined whether the highest margin in
                                                Zhengzhou Mingtai Industry Co., Ltd.                    margin decreases from 167.16 percent to
                                                                                                        91.47 percent as a result of correcting                   the initiation of the investigation (i.e.,
                                                (collectively, Mingtai), timely filed a                                                                           59.72 percent) was less than or equal to
                                                ministerial error allegation regarding the              this ministerial error, exceeding the
                                                                                                        specified threshold, i.e., a change of at                 the highest calculated margin, and
                                                Preliminary Determination.2 Commerce                                                                              determined that the highest calculated
                                                did not receive ministerial error                       least five absolute percentage points in,
                                                                                                        but not less than 25 percent of, the                      margin of 91.47 percent was the higher
                                                allegations or comments from any other                                                                            of the two. Because this rate is a
                                                interested party.                                       antidumping duty rate calculated in the
                                                                                                        original preliminary determination.6                      calculated rate based on a mandatory
                                                Period of Investigation                                    Mingtai is the only mandatory                          respondent’s data in this segment of the
                                                                                                        respondent for which Commerce                             proceeding, it does not constitute
                                                  The period of investigation is April 1,
                                                                                                        calculated a weighted-average dumping                     secondary information and, therefore, it
                                                2017 through September 30, 2017.
                                                                                                        margin in the Preliminary                                 does not need to be corroborated.
                                                Scope of the Investigation                                                                                        Therefore, for this amended preliminary
                                                  The product covered by this
                                                                                                           3 See also section 735(e) of the Tariff Act of 1930,   determination, as facts available based
                                                                                                        as amended (the Act).                                     on an adverse inference, we have
                                                investigation is aluminum sheet from                       4 See 19 CFR 351.224(g).
                                                                                                           5 See Memorandum, ‘‘Less-Than-Fair-Value
                                                                                                                                                                  assigned to the Yongjie Companies,
                                                  1 See Antidumping Duty Investigation of Common
                                                                                                        Investigation of Common Alloy Aluminum Sheet
                                                                                                                                                                    7 See  Preliminary Determination, 83 FR at 29090.
                                                Alloy Aluminum Sheet from the People’s Republic         from the People’s Republic of China: Allegation of
                                                                                                                                                                    8 See  Memorandum, ‘‘Decision Memorandum for
                                                of China: Affirmative Preliminary Determination of      Ministerial Error in the Preliminary
sradovich on DSK3GMQ082PROD with NOTICES




                                                Sales at Less-Than-Fair Value, Preliminary              Determination,’’ dated concurrently with this notice      the Preliminary Determination in the Antidumping
                                                Affirmative Determination of Critical                   (Ministerial Error Memorandum).                           Duty Investigation of Common Alloy Aluminum
                                                Circumstances, and Postponement of Final                   6 See Memorandum, ‘‘Analysis for the Amended           Sheet from the People’s Republic of China,’’ dated
                                                Determination, 83 FR 29088 (June 22, 2018)              Preliminary Determination of the Less-Than-Fair-          June 15, 2018 (Preliminary Decision Memorandum),
                                                (Preliminary Determination).                            Value Investigation of Common Alloy Aluminum              at 20–26.
                                                  2 See Letter from Mingtai, ‘‘Common Alloy                                                                          9 See, e.g., Certain Uncoated Paper from
                                                                                                        Sheet from the People’s Republic of China for
                                                Aluminum Sheet from the People’s Republic of            Henan Mingtai Al Industrial Co., Ltd. and                 Indonesia: Final Determination of Sales at Less
                                                China—Ministerial Error Allegation,’’ dated June        Zhengzhou Mingtai Industry Co., Ltd.,’’ dated             Than Fair Value, 81 FR 3101 (January 20, 2016).
                                                26, 2018.                                               concurrently with this notice.                               10 See Preliminary Decision Memorandum, at 26.




                                           VerDate Sep<11>2014   22:37 Aug 07, 2018   Jkt 244001   PO 00000   Frm 00016   Fmt 4703   Sfmt 4703   E:\FR\FM\08AUN1.SGM        08AUN1


                                                                             Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices                                                                          39057

                                                GKO Aluminium, and the China-wide                                 the amended rate for Mingtai will be                                 entities will be effective retroactively to
                                                entity a dumping margin of 91.47                                  effective retroactively to June 22, 2018,                            March 24, 2018, i.e., 90 days before the
                                                percent, which is the highest calculated                          the date of publication of the                                       publication of the Preliminary
                                                rate in this proceeding.                                          Preliminary Determination. As                                        Determination. Parties will be notified
                                                Amended Cash Deposits and                                         Commerce preliminarily found that                                    of this determination, in accordance
                                                Suspension of Liquidation                                         critical circumstances exist for imports                             with section 733(d) and (f) of the Act.
                                                                                                                  of subject merchandise from the non-
                                                  The collection of cash deposits and                                                                                                  Amended Preliminary Determination
                                                                                                                  examined respondents that
                                                suspension of liquidation will be
                                                revised according to the rates calculated                         preliminarily received a separate rate,                                Commerce preliminarily determines
                                                in this amended preliminary                                       the Yongjie Companies, GKO                                           that the following estimated weighted-
                                                determination. Because these amended                              Aluminium, and the China-wide                                        average antidumping duty margins
                                                rates result in reduced cash deposits,                            entity,11 the amended rates for these                                exist:

                                                                                                                                                                                                           Weighted-      Cash deposit
                                                                                                                                                                                                            average        adjusted for
                                                                           Exporter                                                                         Producer                                         margin       subsidy offset
                                                                                                                                                                                                           (percent)        (percent)

                                                Henan Mingtai Al Industrial Co., Ltd./Zhengzhou                               Henan Mingtai Al Industrial Co., Ltd./Zhengzhou                                    91.47              91.47
                                                   Mingtai Industry Co., Ltd.12.                                                 Mingtai Industry Co., Ltd.
                                                Alcha International Holdings Limited ............................             Jiangsu Alcha Aluminium Co., Ltd ...............................                   91.47              91.47
                                                Alumax Composite Material (Jiangyin) Co., Ltd ...........                     Chalco Ruimin Co., Ltd ................................................            91.47              91.47
                                                Granges Aluminum (Shanghai) Co., Ltd ......................                   Granges Aluminum (Shanghai) Co., Ltd ......................                        91.47              91.47
                                                Henan Founder Beyond Industry Co., Ltd ...................                    Henan Xintai Aluminum Industry Co., Ltd ....................                       91.47              91.47
                                                Huafon Nikkei Aluminium Corporation .........................                 Huafon Nikkei Aluminium Corporation .........................                      91.47              91.47
                                                Jiangsu Lidao New Material Co., Ltd ...........................               Henan Jinyang Luyue Co., Ltd .....................................                 91.47              91.47
                                                Jiangsu Lidao New Material Co., Ltd ...........................               Jiangsu Zhong He Aluminum Co., Ltd .........................                       91.47              91.47
                                                Jiangyin Litai Ornamental Materials Co., Ltd ...............                  Jiangyin Litai Ornamental Materials Co., Ltd ...............                       91.47              91.47
                                                Jiangyin New Alumax Composite Material Co. Ltd ......                         Chalco Ruimin Co., Ltd ................................................            91.47              91.47
                                                Shandong Fuhai Industrial Co., Ltd .............................              Shandong Fuhai Industrial Co., Ltd .............................                   91.47              91.47
                                                Tianjin Zhongwang Aluminium Co., Ltd .......................                  Tianjin Zhongwang Aluminium Co., Ltd .......................                       91.47              91.47
                                                Xiamen Xiashun Aluminum Foil Co., Ltd .....................                   Xiamen Xiashun Aluminum Foil Co., Ltd .....................                        91.47              91.47
                                                Yantai Jintai International Trade Co., Ltd ....................               Shandong Nanshan ......................................................            91.47              91.47
                                                                                                                              Aluminium Co., Ltd .......................................................
                                                Yinbang Clad Material Co., Ltd         ....................................   Yinbang Clad Material Co., Ltd ....................................                91.47              91.47
                                                Zhengzhou Silverstone Limited          ....................................   Henan Zhongyuan Aluminum Co., Ltd .........................                        91.47              91.47
                                                Zhengzhou Silverstone Limited          ....................................   Luoyang Xinlong Aluminum Co., Ltd ............................                     91.47              91.47
                                                Zhengzhou Silverstone Limited          ....................................   Shanghai Dongshuo Metal Trade Co., Ltd ..................                          91.47              91.47
                                                Zhengzhou Silverstone Limited          ....................................   Zhengzhou Mingtai Industry Co., Ltd ...........................                    91.47              91.47

                                                                                                              China-Wide Entity                                                                                  91.47              91.47



                                                Disclosure                                                          Dated: July 31, 2018.                                              alloy sheet is produced from a 3XXX-series
                                                                                                                  Gary Taverman,                                                       core, to which cladding layers are applied to
                                                  We intend to disclose the calculations                          Deputy Assistant Secretary for Antidumping
                                                                                                                                                                                       either one or both sides of the core.
                                                performed to parties in this proceeding                                                                                                   Common alloy sheet may be made to
                                                                                                                  and Countervailing Duty Operations,
                                                within five days after public                                                                                                          ASTM specification B209–14, but can also be
                                                                                                                  performing the non-exclusive functions and
                                                                                                                                                                                       made to other specifications. Regardless of
                                                announcement of the amended                                       duties of the Assistant Secretary for
                                                                                                                                                                                       specification, however, all common alloy
                                                preliminary determination, in                                     Enforcement and Compliance.                                          sheet meeting the scope description is
                                                accordance with 19 CFR 351.224.                                   Appendix                                                             included in the scope. Subject merchandise
                                                                                                                                                                                       includes common alloy sheet that has been
                                                International Trade Commission                                    Scope of the Investigation                                           further processed in a third country,
                                                Notification                                                        The merchandise covered by this                                    including but not limited to annealing,
                                                                                                                  investigation is aluminum common alloy                               tempering, painting, varnishing, trimming,
                                                  In accordance with section 733(f) of                            sheet (common alloy sheet), which is a flat-                         cutting, punching, and/or slitting, or any
                                                the Act, we will notify the International                         rolled aluminum product having a thickness                           otherprocessing that would not otherwise
                                                Trade Commission of our amended                                   of 6.3 mm or less, but greater than 0.2 mm,                          remove the merchandise from the scope of
                                                preliminary determination.                                        in coils or cut-to-length, regardless of width.                      the investigation if performed in the country
                                                                                                                  Common alloy sheet within the scope of this                          of manufacture of the common alloy sheet.
                                                  This amended preliminary                                        investigation includes both not clad                                    Excluded from the scope of this
                                                determination is issued and published                             aluminum sheet, as well as multi-alloy, clad                         investigation is aluminum can stock, which
                                                pursuant to sections 733(f) and 777(i) of                         aluminum sheet. With respect to not clad                             is suitable for use in the manufacture of
                                                the Act and 19 CFR 351.224(e).                                    aluminum sheet, common alloy sheet is                                aluminum beverage cans, lids of such cans,
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                  manufactured from a 1XXX-, 3XXX-, or                                 or tabs used to open such cans. Aluminum
                                                                                                                  5XXX-series alloy as designated by the                               can stock is produced to gauges that range
                                                                                                                  Aluminum Association. With respect to                                from 0.200 mm to 0.292 mm, and has anH–
                                                                                                                  multi-alloy, clad aluminum sheet, common                             19, H–41, H–48, or H–391 temper. In

                                                  11 See Preliminary Determination, 83 FR at 29089                Mingtai Industry Co., Ltd. are a single entity. See                  Industrial Co., Ltd. and Zhengzhou Mingtai
                                                and Preliminary Decision Memorandum, at 4–7.                      Preliminary Decision Memorandum, at 17–19; see                       Industry Co., Ltd.,’’ dated June 15, 2018.
                                                  12 We preliminarily determined that Henan                       also Memorandum, ‘‘Preliminary Affiliation and
                                                Mingtai Al Industrial Co., Ltd. and Zhengzhou                     Collapsing Memorandum for Henan Mingtai Al



                                           VerDate Sep<11>2014    22:37 Aug 07, 2018    Jkt 244001        PO 00000        Frm 00017      Fmt 4703     Sfmt 4703     E:\FR\FM\08AUN1.SGM          08AUN1


                                                39058                      Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices

                                                addition, aluminum can stock has a lubricant            Background                                             Scope Comments
                                                applied to the flat surfaces of the can stock
                                                to facilitate its movement through machines                Commerce published the notice of                       In accordance with the preamble to
                                                used in the manufacture of beverage cans.               initiation of this investigation on                    the Commerce’s regulations,5 the
                                                Aluminum can stock is properly classified                                                                      Initiation Notice set aside a period of
                                                                                                        January 23, 2018.1 Commerce exercised
                                                under Harmonized Tariff Schedule of the                                                                        time for parties to raise issues regarding
                                                                                                        its discretion to toll deadlines affected              product coverage (i.e., scope).6 Certain
                                                United States (HTSUS) subheadings
                                                7606.12.3045 and 7606.12.3055.                          by the closure of the Federal                          interested parties commented on the
                                                   Where the nominal and actual                         Government from January 20 through                     scope of the investigation as it appeared
                                                measurements vary, a product is within the              22, 2018.2 Subsequently, Commerce                      in the Initiation Notice. For a summary
                                                scope if application of either the nominal or           postponed the deadline for the                         of the product coverage comments and
                                                actual measurement would place it within                preliminary determination to July 30,                  rebuttal responses submitted to the
                                                the scope based on the definitions set for the          2018.3 For a complete description of the
                                                above.                                                                                                         record for this preliminary
                                                   Common alloy sheet is currently                      events that followed the initiation of                 determination, and accompanying
                                                classifiable under HTSUS subheadings                    this investigation, see the Preliminary                discussion and analysis of all comments
                                                7606.11.3060, 7606.11.6000, 7606.12.3090,               Decision Memorandum.4 A list of topics                 timely received, see the Preliminary
                                                7606.12.6000, 7606.91.3090, 7606.91.6080,               included in the Preliminary Decision                   Scope Decision Memorandum.7 In
                                                7606.92.3090, and 7606.92.6080. Further,                Memorandum is included as Appendix                     response to the submitted comments,
                                                merchandise that falls within the scope of              II to this notice. The Preliminary                     Commerce is preliminarily modifying
                                                this investigation may also be entered into                                                                    the scope language as it appeared in the
                                                the United States under HTSUS subheadings
                                                                                                        Decision Memorandum is a public
                                                                                                        document and is on file electronically                 Initiation Notice to exclude certain
                                                7606.11.3030, 7606.12.3030, 7606.91.3060,
                                                                                                        via Enforcement and Compliance’s                       shredded plastic film/strip and to clarify
                                                7606.91.6040, 7606.92.3060, 7606.92.6040,
                                                7607.11.9090. Although the HTSUS                        Antidumping and Countervailing Duty                    ‘‘exclusion (4).’’ See ‘‘Scope of the
                                                subheadings are provided for convenience                Centralized Electronic Service System                  Investigation’’ in Appendix I, which
                                                and customs purposes, the written                                                                              includes the additional clarifying
                                                                                                        (ACCESS). ACCESS is available to
                                                description of the scope of this investigation                                                                 language.
                                                                                                        registered users at https://
                                                is dispositive.
                                                                                                        access.trade.gov, and to all parties in the            Methodology
                                                [FR Doc. 2018–16897 Filed 8–7–18; 8:45 am]
                                                                                                        Central Records Unit, Room B8024 of                      Commerce is conducting this
                                                BILLING CODE 3510–DS–P
                                                                                                        the main Department of Commerce                        investigation in accordance with section
                                                                                                        building. In addition, a complete                      731 of the Act. Export prices have been
                                                DEPARTMENT OF COMMERCE                                  version of the Preliminary Decision                    calculated in accordance with section
                                                                                                        Memorandum can be found at http://                     772(a) of the Act. Because China is a
                                                International Trade Administration                      enforcement.trade.gov/frn/. The signed                 non-market economy within the
                                                                                                        Preliminary Decision Memorandum and                    meaning of section 771(18) of the Act,
                                                [A–570–075]                                             the electronic version of the Preliminary              we calculated normal value (NV) in
                                                                                                        Decision Memorandum are identical in                   accordance with section 773(c) of the
                                                Certain Plastic Decorative Ribbon                                                                              Act. In addition, Commerce has
                                                From the People’s Republic of China:                    content.
                                                                                                                                                               preliminarily relied upon facts available
                                                Preliminary Determination of Sales at                   Scope of the Investigation                             under section 776(a)(1) of the Act,
                                                Less Than Fair Value                                                                                           including the use of an adverse
                                                                                                           The product covered by this
                                                AGENCY:   Enforcement and Compliance,                                                                          inference under section 776(b) of the
                                                                                                        investigation is plastic ribbon from                   Act, for determining the antidumping
                                                International Trade Administration,                     China. For a full description of the
                                                Department of Commerce.                                                                                        margin for one producer and exporter
                                                                                                        scope of this investigation, see the                   combination, as well as for the China-
                                                SUMMARY: The Department of Commerce                     ‘‘Scope of the Investigation’’ in
                                                (Commerce) preliminarily determines                                                                            wide entity. For a full description of the
                                                                                                        Appendix I.                                            methodology underlying our
                                                that certain plastic decorative ribbon
                                                (plastic ribbon) from the People’s                                                                             preliminary conclusions, see the
                                                                                                          1 See Certain Plastic Decorative Ribbon from the
                                                Republic of China (China) is being, or is                                                                      Preliminary Decision Memorandum.
                                                                                                        People’s Republic of China: Initiation of Less-Than-
                                                likely to be, sold in the United States at              Fair-Value Investigation, 83 FR 3126 (January 23,      Combination Rates
                                                less than fair value (LTFV), for the                    2018) (Initiation Notice).                               In the Initiation Notice, Commerce
                                                period of investigation (POI) April 1,                    2 See Memorandum, ‘‘Deadlines Affected by the
                                                                                                                                                               stated that it would calculate producer/
                                                2017, through September 30, 2017.                       Shutdown of the Federal Government,’’ dated
                                                                                                                                                               exporter combination rates for the
                                                Interested parties are invited to                       January 23, 2018 (Tolling Memorandum).
                                                                                                        Accordingly, all deadlines in this segment of the      respondents that are eligible for a
                                                comment on this preliminary                                                                                    separate rate in this investigation. Policy
                                                                                                        proceeding have been extended by 3 days.
                                                determination.                                            3 Note that the revised deadline reflects a full     Bulletin 05.1 describes this practice.8
                                                DATES:   Applicable August 8, 2018.                     postponement to 190 days after the date on which
                                                                                                        this investigation was initiated, in addition to the     5 See Antidumping Duties; Countervailing Duties,
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        3-day extension due to closure of the Federal          62 FR 27296, 27323 (May 19, 1997).
                                                Nancy Decker, Lauren Caserta, or Caitlin                                                                         6 See Initiation Notice, 83 FR at 3126.
                                                                                                        Government. See Certain Plastic Decorative Ribbon
                                                Monks, AD/CVD Operations, Office VII,                   from the People’s Republic of China: Postponement        7 See Memorandum, ‘‘Certain Plastic Decorative
                                                Enforcement and Compliance,                             of Preliminary Determination in the Less-Than-Fair-    Ribbon from the People’s Republic of China: Scope
sradovich on DSK3GMQ082PROD with NOTICES




                                                International Trade Administration,                     Value Investigation, 83 FR 13256 (March 28, 2018).     Comments Preliminary Decision Memorandum’’
                                                U.S. Department of Commerce, 1401                         4 See Memorandum, ‘‘Decision Memorandum for
                                                                                                                                                               (Preliminary Scope Decision Memorandum), dated
                                                                                                                                                               concurrently with and hereby adopted by this
                                                Constitution Avenue NW, Washington,                     the Preliminary Determination in the Antidumping       notice.
                                                DC 20230; telephone: (202) 482–0196,                    Duty Investigation of Certain Plastic Decorative         8 See Enforcement and Compliance’s Policy

                                                (202) 482–4737, or (202) 482–2670,                      Ribbon from the People’s Republic of China’’           Bulletin No. 05.1 regarding ‘‘Separate-Rates Practice
                                                                                                        (Preliminary Decision Memorandum), dated               and Application of Combination Rates in
                                                respectively.
                                                                                                        concurrently with and hereby adopted by this           Antidumping Investigations involving Non-Market
                                                SUPPLEMENTARY INFORMATION:                              notice.                                                Economy Countries,’’ (April 5, 2005) (Policy



                                           VerDate Sep<11>2014   22:37 Aug 07, 2018   Jkt 244001   PO 00000   Frm 00018   Fmt 4703   Sfmt 4703   E:\FR\FM\08AUN1.SGM   08AUN1



Document Created: 2018-08-08 02:06:04
Document Modified: 2018-08-08 02:06:04
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 August 8, 2018.
ContactDeborah Scott or Scott Hoefke, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2657 or (202) 482-4947, respectively.
FR Citation83 FR 39056 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR