83 FR 57421 - Antidumping Duty Investigation of Common Alloy Aluminum Sheet From the People's Republic of China: Affirmative Final Determination of Sales at Less-Than-Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 221 (November 15, 2018)
International Trade Administration
Federal Register Volume 83, Issue 221 (November 15, 2018)
| Page Range | 57421-57424 | |
| FR Document | 2018-24869 |
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)] [Notices] [Pages 57421-57424] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24869] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-073] Antidumping Duty Investigation of Common Alloy Aluminum Sheet From the People's Republic of China: Affirmative Final Determination of Sales at Less-Than-Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that common alloy aluminum sheet (common alloy sheet) from the People's Republic of China (China) is being, or is likely to be, sold in the United States at less-than-fair value (LTFV) for the period of investigation (POI) April 1, 2017, through September 30, 2017. DATES: Applicable November 15, 2018. FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Julie Geiger, 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) 482-4947 and (202) 482-2057, respectively. SUPPLEMENTARY INFORMATION: Background On June 6, 2018, Commerce published in the Federal Register the Preliminary Determination and invited interested parties to comment.\1\ On August 8, 2018, Commerce published in the Federal Register the Amended Preliminary Determination.\2\ A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum that is dated concurrently with this determination and hereby adopted by this notice.\3\ --------------------------------------------------------------------------- \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 Circumstance, and Postponement of Final Determination, 83 FR 29088 (June 22, 2018) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. \2\ See 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 (August 8, 2018) (Amended Preliminary Determination). \3\ See Memorandum, ``Issues and Decision Memorandum for the Final Results of the Antidumping Duty Investigation of Common Alloy Aluminum Sheet from the People's Republic of China,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- [[Page 57422]] The Issues and 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 Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version are identical in content. Scope Comments We invited parties to comment on Commerce's Scope Comments Preliminary Decision Memorandum.\4\ Commerce has reviewed the briefs submitted by interested parties, considered the arguments therein, and has made no changes to the scope of the investigation. For further discussion, see Commerce's Scope Comments Final Decision Memorandum.\5\ --------------------------------------------------------------------------- \4\ See Memorandum, ``Common Alloy Aluminum Sheet from the People's Republic of China: Scope Comments Preliminary Decision Memorandum,'' dated June 15, 2018. \5\ See Memorandum, ``Common Alloy Aluminum Sheet from the People's Republic of China: Scope Comments Final Decision Memorandum,'' dated concurrently with this memorandum. --------------------------------------------------------------------------- Methodology Commerce conducted this investigation in accordance with section 731 of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. Scope of the Investigation The merchandise covered by this investigation is common alloy sheet from China. For a complete description of the scope of this investigation, see Appendix I. Verification As provided in section 782(i) of the Act, in July, we conducted verification of the questionnaire responses submitted by Henan Mingtai Industrial Co., Ltd. and Zhengzhou Mingtai (collectively, Mingtai). We issued verification reports on August 28, 2018.\6\ We used standard verification procedures, including an examination of relevant accounting and financial records, and original source documents provided by Mingtai. --------------------------------------------------------------------------- \6\ See Commerce Memoranda, ``Verification of the Questionnaire Responses of Henan Mingtai Al Industrial Co., ltd. and Zhengzhou Mingtai Industry Co., Ltd. in the Less-Than-Fair-Value Investigation of Common Alloy Aluminum Sheet from the People's Republic of China,'' dated August 28, 2018. --------------------------------------------------------------------------- Period of Investigation The POI is April 1, 2017, through September 30, 2017. Analysis of Comments Received The issues raised in the case and rebuttal briefs that were submitted by parties are discussed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice at Appendix II. Final Affirmative Determination, in Part, of Critical Circumstances In the Preliminary Determination, we found that critical circumstances exist for to Nanjie Resources Co., Limited (Nanjie), Yong Jie New Material Co., Ltd. (Yong Jie New Material), and Zhejiang Yongjie Aluminum Co., Ltd. (Yongjie Aluminum) (collectively, Yongjie Companies); Zhejiang GKO Aluminium Stock Co., Ltd. (GKO Aluminium); the companies eligible for a separate rate; and the China-wide entity.\7\ After analyzing comments received from interested parties regarding our preliminary critical circumstances determinations, we continue to find that, in accordance with section 735(a)(3) of the Act and 19 CFR 351.206, critical circumstances exist with respect to Nanjie, the Yongjie Companies, GKO Aluminium, the companies eligible for a separate rate, and the China-wide entity.\8\ --------------------------------------------------------------------------- \7\ See Preliminary Determination, 83 FR at 29089. \8\ See Issues and Decision Memorandum, at Comment 2. --------------------------------------------------------------------------- Use of Adverse Facts Available (AFA) For the final determination we continue to rely upon facts otherwise available, with adverse inferences (AFA), for the China-wide entity, the Yongjie Companies, and GKO Aluminium, pursuant to sections 776(a) and (b) of the Act. Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, and minor corrections presented at verification, we made certain changes to Mingtai's margin calculation since the Preliminary Determination. For Mingtai, we calculated U.S. price and normal value using the same methodology stated in the Preliminary Determination, except as follows:We revised the surrogate value for Mingtai's argon factor of production using data from Bulgaria instead of South Africa. We revised the surrogate value for Mingtai's prompt aluminum scrap factor of production. We revised Mingtai's normal value calculation by: (1) Disallowing a claimed by-product offset; and (2) treating run-around aluminum scrap as a direct material input, not as a by-product. China-Wide Entity For the final determination, we continue to find that the China- wide entity, which includes certain Chinese exporters and/or producers that did not respond to Commerce's requests for information, including mandatory respondents GKO Aluminium and the Yongjie Companies, failed to provide necessary information, failed to provide information in a timely manner, and significantly impeded this proceeding by not submitting the requested information. We also continue to find that the China-wide entity failed to cooperate to the best of its ability. As a result, we continue to rely on AFA in determining the rate for the China-wide entity and, as AFA, we select the highest rate listed in the initiation of the investigation (i.e., 59.72 percent), which is greater than the revised weighted-average dumping margin of Mingtai (i.e., 49.85 percent).\9\ --------------------------------------------------------------------------- \9\ See Issues and Decision Memorandum, at 5-7. --------------------------------------------------------------------------- Combination Rates Consistent with Preliminary Determination \10\ and Policy Bulletin 05.1,\11\ Commerce calculated combination rates for the respondents that are eligible for a separate rate in this investigation. --------------------------------------------------------------------------- \10\ See Preliminary Determination, 83 FR at 29089-29090. \11\ See Enforcement and Compliance's Policy Bulletin No. 05.1, regarding, ``Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf. --------------------------------------------------------------------------- Final Determination The final weighted-average antidumping margins are as follows: [[Page 57423]] ---------------------------------------------------------------------------------------------------------------- Cash deposit Weighted- adjusted for Exporter Producer average margin subsidy offset (percent) (percent) ---------------------------------------------------------------------------------------------------------------- Henan Mingtai Al Industrial Co., Ltd./ Henan Mingtai Al Industrial Co., 49.85 49.85 Zhengzhou Mingtai Industry Co., Ltd. Ltd./Zhengzhou Mingtai Industry Co., Ltd. Alcha International Holdings Limited.......... Jiangsu Alcha Aluminium Co., Ltd 49.85 49.85 Alumax Composite Material (Jiangyin) Co., Ltd. Chalco Ruimin Co., Ltd.......... 49.85 49.85 Granges Aluminum (Shanghai) Co., Ltd.......... Granges Aluminum (Shanghai) Co., 49.85 49.85 Ltd. Henan Founder Beyond Industry Co., Ltd........ Henan Xintai Aluminum Industry 49.85 49.85 Co., Ltd. Huafon Nikkei Aluminium Corporation........... Huafon Nikkei Aluminium 49.85 49.85 Corporation. Jiangsu Lidao New Material Co., Ltd........... Henan Jinyang Luyue Co., Ltd.... 49.85 49.85 Jiangsu Lidao New Material Co., Ltd........... Jiangsu Zhong He Aluminum Co., 49.85 49.85 Ltd. Jiangyin Litai Ornamental Materials Co., Ltd.. Jiangyin Litai Ornamental 49.85 49.85 Materials Co., Ltd. Jiangyin New Alumax Composite Material Co. Ltd Chalco Ruimin Co., Ltd.......... 49.85 49.85 Shandong Fuhai Industrial Co., Ltd............ Shandong Fuhai Industrial Co., 49.85 49.85 Ltd. Tianjin Zhongwang Aluminium Co., Ltd.......... Tianjin Zhongwang Aluminium Co., 49.85 49.85 Ltd. Xiamen Xiashun Aluminum Foil Co., Ltd......... Xiamen Xiashun Aluminum Foil 49.85 49.85 Co., Ltd. Yantai Jintai International Trade Co., Ltd.... Shandong Nanshan Aluminium Co., 49.85 49.85 Ltd. Yinbang Clad Material Co., Ltd................ Yinbang Clad Material Co., Ltd.. 49.85 49.85 Zhengzhou Silverstone Limited................. Henan Zhongyuan Aluminum Co., 49.85 49.85 Ltd. Zhengzhou Silverstone Limited................. Luoyang Xinlong Aluminum Co., 49.85 49.85 Ltd. Zhengzhou Silverstone Limited................. Shanghai Dongshuo Metal Trade 49.85 49.85 Co., Ltd. Zhengzhou Silverstone Limited................. Zhengzhou Mingtai Industry Co., 49.85 49.85 Ltd. ------------------------------- China-Wide Entity \12\.................... ................................ 59.72 59.72 ---------------------------------------------------------------------------------------------------------------- Disclosure We intend to disclose to parties in this proceeding the calculations performed for this final determination within five days of the date of public announcement of our final determination, in accordance with 19 CFR 351.224(b). --------------------------------------------------------------------------- \12\ The China-wide entity also includes the following companies that filed separate rate applications: Nanjie Resources Co., Limited, Yong Jie New Material Co., Ltd., and Zhejiang Yongjie Aluminum Co., Ltd., Zhejiang GKO Aluminium Stock Co., Ltd.; Alnan Aluminium Inc.; Chalco Ruimin Co., Ltd.; CHALCO-SWA Cold Rolling Co., Ltd.; Luoyang Wanji Aluminium Processing Co., Ltd.; and Wanji Global (Singapore) PTE. LTD. --------------------------------------------------------------------------- Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, for this final determination, we will direct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of common alloy sheet from China, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse, for consumption on or after June 6, 2018, the date of publication in the Federal Register of the affirmative Preliminary Determination. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the weighted average amount by which normal value exceeds U.S. price, as indicated in the chart above as follows: (1) For the producer/exporter combinations listed in the table above, the cash deposit rate is equal to the estimated weighted- average dumping margin listed for that combination in the table; (2) for all combinations of Chinese producers/exporters of merchandise under consideration that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the estimated weighted-average dumping margin established for the China-wide entity; and (3) for all third-county exporters of merchandise under consideration not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Chinese producer/exporter combination (or the China-wide entity) that supplied that third country exporter. These suspension of liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce's final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of common alloy sheet, no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated and all cash deposits posted will be refunded. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ``Suspension of Liquidation'' section. Notification Regarding Administrative Protective Orders This notice will serve as a reminder to the parties subject to administrative protective order (APO) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Return or Destruction of Proprietary Information In the event the ITC issues a final negative injury determination, this notice serves as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply [[Page 57424]] with the regulations and terms of an APO is a violation subject to sanction. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Dated: November 5, 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 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 other processing that would not otherwise remove the merchandise from the scope of the investigations 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 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 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. Appendix II--List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. List of Issues III. Background IV. Period of Investigation V. Scope of Investigation VI. Scope Comments VII. Changes from the Preliminary Determination VIII. Adjustment Under Section 777A(F) of the Act IX. Selection and Corroboration of the Adverse Facts Available Rate X. Discussion of the Issues Comment 1: Application of Adverse Facts Available (AFA) Comment 2: Critical Circumstances Determination Comment 3: Surrogate Country Comment 4: Surrogate Value for Aluminum Scrap Comment 5: Surrogate Value for Argon Comment 6: Mingtai's Aluminum Scrap Comment 7: Separate Rate Status for Wanji Global and Luoyang Wanji Comment 8: Separate Rate Status for Tianjin Zhongwang V. Recommendation [FR Doc. 2018-24869 Filed 11-14-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Notices 57421
with regard to this program, which had Public Comment DEPARTMENT OF COMMERCE
the lowest rate in the Preliminary
Determination among the programs Case briefs or other written comments International Trade Administration
alleged to be inconsistent with the SCM may be submitted to the Assistant
[A–570–073]
Agreement. In so doing, we intend to Secretary for Enforcement and
limit the corresponding offset to the Compliance no later than seven days Antidumping Duty Investigation of
dumping margin (if one is found) in the after the date on which the last Common Alloy Aluminum Sheet From
companion antidumping duty verification report is issued in this the People’s Republic of China:
investigation, which best fulfills our investigation. Rebuttal briefs, limited to Affirmative Final Determination of
statutory mandate ‘‘to ensure that the issues raised in case briefs, may be Sales at Less-Than-Fair Value
party does not obtain a more favorable submitted no later than five days after
result by failing to cooperate than if it the deadline date for case briefs.20 AGENCY: Enforcement and Compliance,
had cooperated fully,’’ 18 and induce Pursuant to 19 CFR 351.309(c)(2) and International Trade Administration,
future cooperation by companies in (d)(2), parties who submit case briefs or Department of Commerce.
investigations where the petitioners rebuttal briefs in this investigation are SUMMARY: The Department of Commerce
allege the existence of programs encouraged to submit with each (Commerce) determines that common
potentially inconsistent with the SCM argument: (1) A statement of the issue; alloy aluminum sheet (common alloy
Agreement. (2) a brief summary of the argument; sheet) from the People’s Republic of
and (3) a table of authorities.21 China (China) is being, or is likely to be,
Because we preliminarily find that the
sold in the United States at less-than-
‘‘Export Assistance Grants’’ program is Electronically filed documents must
fair value (LTFV) for the period of
export contingent, we preliminarily find be received successfully in their entirety
investigation (POI) April 1, 2017,
that the criterion under section by 5:00 p.m. Eastern Time on the due
through September 30, 2017.
703(e)(1)(A) of the Act has been met. In dates established above.22
addition, for the purposes of the DATES: Applicable November 15, 2018.
‘‘massive imports’’ analysis, we Suspension of Liquidation FOR FURTHER INFORMATION CONTACT:
preliminarily determine, pursuant to Scott Hoefke or Julie Geiger, AD/CVD
In accordance with section
section 776(b) of the Act, that Fasa Operations, Office VI, Enforcement and
703(e)(2)(A) of the Act, for Fasa
Industrial and Hero Stone shipped Compliance, International Trade
Industrial and Hero Stone, we will
quartz surface products in ‘‘massive’’ Administration, U.S. Department of
direct U.S. Customs and Border
quantities during the comparison Commerce, 1401 Constitution Avenue
Protection (CBP) to suspend liquidation NW, Washington, DC 20230; telephone
period, thereby fulfilling the criteria of any unliquidated entries of subject
under section 703(e)(1)(B) of the Act.19 (202) 482–4947 and (202) 482–2057,
merchandise from the China entered, or respectively.
As a result, we preliminarily determine
withdrawn from warehouse for
that critical circumstances exist with SUPPLEMENTARY INFORMATION:
consumption, on or after June 23, 2018,
regard to Fasa Industrial and Hero
which is 90 days prior to the date of Background
Stone.
publication of the Preliminary
Determination in the Federal Register. On June 6, 2018, Commerce published
All Other Companies
For such entries, CBP shall require a in the Federal Register the Preliminary
We based the all-others rate applied cash deposit equal to the estimated Determination and invited interested
in the Preliminary Determination on the preliminary subsidy rates established parties to comment.1 On August 8, 2018,
rate preliminarily calculated for Foshan for Fasa Industrial and Hero Stone in Commerce published in the Federal
Yixin. As noted above, we preliminarily the Preliminary Determination. This Register the Amended Preliminary
found that Foshan Yixin did not use any Determination.2 A summary of the
suspension of liquidation will remain in
countervailable subsidies inconsistent events that occurred since Commerce
effect until further notice.
with the SCM Agreement. As a result, published the Preliminary
we also preliminarily determine that all ITC Notification Determination, as well as a full
other exporters of subject merchandise discussion of the issues raised by parties
from China not selected as mandatory In accordance with section 703(f) of for this final determination, may be
respondents did not use countervailable the Act, we will notify the ITC of this found in the Issues and Decision
subsidies inconsistent with the SCM preliminary determination of critical Memorandum that is dated concurrently
Agreement, and thus preliminarily find circumstances. with this determination and hereby
that critical circumstances do not exist This determination is issued and adopted by this notice.3
with respect to the companies covered published pursuant to sections 703(f)
1 See Antidumping Duty Investigation of Common
by the all-others rate. and 777(i)(1) of the Act.
Alloy Aluminum Sheet from the People’s Republic
Final Determination Dated: November 8, 2018. of China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value, Preliminary
Gary Taverman, Affirmative Determination of Critical Circumstance,
We will make a final determination Deputy Assistant Secretary for Antidumping and Postponement of Final Determination, 83 FR
concerning critical circumstances in the and Countervailing Duty Operations, 29088 (June 22, 2018) (Preliminary Determination)
final determination of this investigation, performing the non-exclusive functions and and accompanying Preliminary Decision
which is currently scheduled for duties of the Assistant Secretary for Memorandum.
khammond on DSK30JT082PROD with NOTICES
2 See Common Alloy Aluminum Sheet from the
January 28, 2019. Enforcement and Compliance.
People’s Republic of China: Amended Preliminary
[FR Doc. 2018–24941 Filed 11–14–18; 8:45 am] Affirmative Determination of Sales at Less Than
18 Statement of Administrative Action Fair Value, 83 FR 39056 (August 8, 2018) (Amended
BILLING CODE 3510–DS–P
accompanying the Uruguay Round Agreements Act, Preliminary Determination).
H.R. Doc. 103–316, Vol. 1 (1994) at 870, reprinted 3 See Memorandum, ‘‘Issues and Decision
20 See 19 CFR 351.309(d)(1).
in 1994 U.S.C.C.A.N. 4040, 4199. Memorandum for the Final Results of the
19 See Critical Circumstances Allegation at 21 See 19 CFR 351.309(c)(2) and (d)(2). Antidumping Duty Investigation of Common Alloy
Exhibit 1. 22 See 19 CFR 351.303(b)(1). Continued
VerDate Sep<11>2014 16:53 Nov 14, 2018 Jkt 247001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\15NON1.SGM 15NON1](https://thefederalregister.org/doc/83_FR_57642/page/1.svg)
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with the regulations and terms of an 7606.11.3060, 7606.11.6000, 7606.12.3090, SUPPLEMENTARY INFORMATION: Title III of
APO is a violation subject to sanction. 7606.12.6000, 7606.91.3090, 7606.91.6080, the Export Trading Company Act of
7606.92.3090, and 7606.92.6080. Further, 1982 (15 U.S.C. 4001–21) (‘‘the Act’’)
Notification to Interested Parties merchandise that falls within the scope of authorizes the Secretary of Commerce to
This determination is issued and this investigation may also be entered into
the United States under HTSUS subheadings
issue Export Trade Certificates of
published in accordance with sections Review. An Export Trade Certificate of
7606.11.3030, 7606.12.3030, 7606.91.3060,
735(d) and 777(i)(1) of the Act and 19 7606.91.6040, 7606.92.3060, 7606.92.6040, Review protects the holder and the
CFR 351.210(c). 7607.11.9090. Although the HTSUS members identified in the Certificate
Dated: November 5, 2018. subheadings are provided for convenience from State and Federal government
Gary Taverman, and customs purposes, the written antitrust actions and from private treble
description of the scope of this investigation damage antitrust actions for the export
Deputy Assistant Secretary for Antidumping
is dispositive. conduct specified in the Certificate and
and Countervailing Duty Operations,
performing the non-exclusive functions and Appendix II—List of Topics Discussed carried out in compliance with its terms
duties of the Assistant Secretary for in the Issues and Decision and conditions. The regulations
Enforcement and Compliance. Memorandum implementing Title III are found at 15
CFR part 325 (2018). OTEA is issuing
Appendix I—Scope of the Investigation I. Summary this notice pursuant to 15 CFR 325.6(b),
The merchandise covered by this II. List of Issues which requires the Secretary of
investigation is aluminum common alloy III. Background
Commerce to publish a summary of the
sheet (common alloy sheet), which is a flat- IV. Period of Investigation
V. Scope of Investigation certification in the Federal Register.
rolled aluminum product having a thickness Under Section 305(a) of the Act and 15
of 6.3 mm or less, but greater than 0.2 mm, VI. Scope Comments
VII. Changes from the Preliminary CFR 325.11(a), any person aggrieved by
in coils or cut-to-length, regardless of width.
Common alloy sheet within the scope of this Determination the Secretary’s determination may,
investigation includes both not clad VIII. Adjustment Under Section 777A(F) of within 30 days of the date of this notice,
aluminum sheet, as well as multi-alloy, clad the Act bring an action in any appropriate
aluminum sheet. With respect to not clad IX. Selection and Corroboration of the district court of the United States to set
aluminum sheet, common alloy sheet is Adverse Facts Available Rate aside the determination on the ground
manufactured from a 1XXX-, 3XXX-, or X. Discussion of the Issues that the determination is erroneous.
5XXX-series alloy as designated by the Comment 1: Application of Adverse Facts
Aluminum Association. With respect to Available (AFA) Description of Certified Conduct
multi-alloy, clad aluminum sheet, common Comment 2: Critical Circumstances
ALCC’s Export Trade Certificate of
alloy sheet is produced from a 3XXX-series Determination
Comment 3: Surrogate Country Review has been amended to:
core, to which cladding layers are applied to 1. Add the following companies as
either one or both sides of the core. Comment 4: Surrogate Value for
Aluminum Scrap new Members of the Certificate within
Common alloy sheet may be made to
Comment 5: Surrogate Value for Argon the meaning of section 325.2(l) of the
ASTM specification B209–14, but can also be
made to other specifications. Regardless of Comment 6: Mingtai’s Aluminum Scrap Regulations (15 CFR 325.2(l)):
specification, however, all common alloy Comment 7: Separate Rate Status for Wanji a. Alaskan Leader Vessel LLC, Lynden,
sheet meeting the scope description is Global and Luoyang Wanji WA
included in the scope. Subject merchandise Comment 8: Separate Rate Status for b. Bristol Leader Fisheries LLC, Lynden,
includes common alloy sheet that has been Tianjin Zhongwang WA
further processed in a third country, V. Recommendation c. Bering Leader Fisheries LLC, Lynden,
including but not limited to annealing, [FR Doc. 2018–24869 Filed 11–14–18; 8:45 am] WA
tempering, painting, varnishing, trimming, BILLING CODE 3510–DS–P d. Northern Leader Fisheries LLC,
cutting, punching, and/or slitting, or any Lynden, WA
other processing that would not otherwise e. Prowler Fisheries, LLC, Seattle, WA
remove the merchandise from the scope of DEPARTMENT OF COMMERCE
the investigations if performed in the country 2. Delete the following companies as
of manufacture of the common alloy sheet. Members of the Certificate:
International Trade Administration
Excluded from the scope of this a. Pathfinder Fisheries LLC, Seattle, WA
investigation is aluminum can stock, which [Application No. 10–4A001] b. Bering Select Seafoods Company,
is suitable for use in the manufacture of Seattle, WA
aluminum beverage cans, lids of such cans, Export Trade Certificate of Review c. Glacier Bay Fisheries LLC
or tabs used to open such cans. Aluminum 3. Change/correct the name or
can stock is produced to gauges that range ACTION:Notice of issuance of an location of the following Members of the
from 0.200 mm to 0.292 mm, and has an H– amended Export Trade Certificate of
19, H–41, H–48, or H–391 temper. In
Certificate:
addition, aluminum can stock has a lubricant
Review to Alaska Longline Cod a. Alaskan Leader Fisheries, Inc.,
applied to the flat surfaces of the can stock Commission (‘‘ALCC’’), Application No. Lynden, WA changes to Alaskan
to facilitate its movement through machines 10–4A001. Leader Fisheries LLC, Lynden, WA
used in the manufacture of beverage cans. b. Coastal Villages Longline, LLC
Aluminum can stock is properly classified SUMMARY: The Secretary of Commerce, changes to Coastal Villages Longline
under Harmonized Tariff Schedule of the through the Office of Trade and LLC, Anchorage, AK
United States (HTSUS) subheadings Economic Analysis (‘‘OTEA’’), issued an c. Romanzoff Fishing Company, Seattle,
7606.12.3045 and 7606.12.3055. amended Export Trade Certificate of
khammond on DSK30JT082PROD with NOTICES
WA changes to Romanzof Fishing
Where the nominal and actual Review to ALCC on November 7, 2018.
measurements vary, a product is within the
Company, L.L.C., Seattle, WA
FOR FURTHER INFORMATION CONTACT: d. Tatoosh Seafoods LLC, Seattle, WA
scope if application of either the nominal or
actual measurement would place it within
Joseph Flynn, Director, OTEA, changes to Tatoosh Seafoods, LLC,
the scope based on the definitions set for the International Trade Administration, by Edmonds, WA
above. telephone at (202) 482–5131 (this is not e. Beauty Bay Washington, LLC, Seattle,
Common alloy sheet is currently a toll-free number) or email at etca@ WA changes to Beauty Bay
classifiable under HTSUS subheadings trade.gov. Washington, LLC, Edmonds, WA
VerDate Sep<11>2014 16:53 Nov 14, 2018 Jkt 247001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\15NON1.SGM 15NON1](https://thefederalregister.org/doc/83_FR_57642/page/4.svg)
Document Created: 2018-11-15 04:00:51
Document Modified: 2018-11-15 04:00:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable November 15, 2018. | |
| Contact | Scott Hoefke or Julie Geiger, 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) 482-4947 and (202) 482-2057, respectively. | |
| FR Citation | 83 FR 57421 |
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