77556 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Notices 

28For a full discussion of this practice, see 

Assessment Practice Refinement, 76 FR at 65694. 

1See Common Alloy Aluminum Sheet from 

Germany: Preliminary Results of Antidumping Duty 

Administrative Review; 2020–2022, 88 FR 30087 

(May 10, 2023) (Preliminary Results), and 

accompanying Preliminary Decision Memorandum 

(PDM). 

Pursuant to a refinement in our nonmarket economy practice, for sales that 

were not reported in the U.S. sales data 

submitted by companies individually 

examined during this review, we will 

instruct CBP to liquidate entries 

associated with those sales at the rate 

for the China-wide entity. Furthermore, 

where we found that an exporter under 

review had no shipments of the subject 

merchandise, any suspended entries 

that entered under that exporter’s case 

number (i.e., at that exporter’s cash 

deposit rate) will be liquidated at the 

rate for the China-wide entity.28

Cash Deposit Requirements 

The following per-unit cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for all shipments 

of the subject merchandise from China 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date, as provided by section 

751(a)(2)(C) of the Act: (1) for DJAC, 

Jilin Bright, and the non-examined 

separate rate respondents, the cash 

deposit rate will be equal to their 

weighted-average dumping margins 

established in the final results of this 

review; (2) for previously investigated or 

reviewed Chinese and non-Chinese 

exporters not listed above that have 

separate rates, the cash deposit rate will 

continue to be the exporter-specific rate 

published for the most recently 

completed segment of this proceeding in 

which they were reviewed; (3) for all 

Chinese exporters of subject 

merchandise that have not been found 

to be entitled to a separate rate, the cash 

deposit rate will be equal to the 

weighted-average dumping margin for 

the China-wide entity (i.e., 2.42 USD/ 

kg); and (4) for all non-Chinese 

exporters of subject merchandise which 

have not received their own separate 

rate, the cash deposit rate will be the 

rate applicable to the Chinese 

exporter(s) that supplied that nonChinese exporter. These per-unit cash 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

Disclosure 

We intend to disclose the calculations 

performed to parties in this proceeding 

within five days of the date of 

publication of this notice in accordance 

with 19 CFR 351.224(b). 

Notification to Importers Regarding the 

Reimbursement of Duties 

This notice also serves as a final 

reminder to importers of their 

responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this POR. 

Failure to comply with this requirement 

could result in Commerce’s 

presumption that reimbursement of 

antidumping duties has occurred and 

the subsequent assessment of double 

antidumping duties. 

Administrative Protective Order (APO) 

This notice also serves as a reminder 

to parties subject to an APO of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3), which 

continues to govern business 

proprietary information in this segment 

of the proceeding. Timely written 

notification of the return or destruction 

of APO materials, or conversion to 

judicial protective order, is hereby 

requested. Failure to comply with the 

regulations and terms of an APO is a 

violation which is subject to sanction. 

Notification to Interested Parties 

We are issuing and publishing these 

final results of administrative review 

and notice in accordance with sections 

751(a)(1) and 777(i) of the Act. 

Dated: November 3, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Changes Since the Preliminary Results 

V. Discussion of the Issues 

Comment 1: Bituminous Coal Surrogate 

Value (SV) 

Comment 2: Coal Tar SV 

Comment 3: Deduction of Unrefunded or 

Irrecoverable Value-Added Tax (VAT) 

from U.S. Price 

Comment 4: Selection of Surrogate 

Financial Statements and Calculation of 

Surrogate Financial Ratios 

Comment 5: Whether to Use Jilin Bright’s 

Revised Factors of Production (FOP) 

Database 

Comment 6: Adjustment of DJAC USA’s 

Reported Indirect Selling Expense (ISE) 

Ratio 

Comment 7: Adjustment of Natural Gas 

FOP and SV 

Comment 8: Alleged Under-Reporting of 

Per-Unit Anthracite Coal Consumption 

for DJAC’s Supplier’s Impregnated 

Products 

VI. Recommendation 

Appendix II 

Companies Not Eligible for a Separate Rate 

and Treated as Part of the China-Wide Entity 

1. Beijing Pacific Activated Carbon Products 

Co., Ltd. 

2. Bengbu Modern Environmental Co., Ltd. 

3. Carbon Activated Tianjin Co., Ltd. 

4. Shanxi DMD Corp. 

5. Shanxi Tianxi Purification Filter Co., Ltd. 

6. Sinoacarbon International Trading Co., 

Ltd. 

7. Tianjin Maijin Industries Co., Ltd. 

[FR Doc. 2023–24892 Filed 11–9–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–428–849] 

Common Alloy Aluminum Sheet From 

Germany: Final Results of 

Antidumping Duty Administrative 

Review; 2020–2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

the respondents under review sold 

common alloy aluminum sheet (CAAS) 

from Germany in the United States at 

less than normal value (NV) during the 

period of review (POR), October 15, 

2020, through March 31, 2022. 

DATES: Applicable November 13, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Drew Jackson or Jonathan Hill, AD/CVD 

Operations, Office IV, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–4406 or (202) 482–3518, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 10, 2023, Commerce 

published notice of the Preliminary 

Results of this review in the Federal 

Register and invited interested parties 

to comment on those results.1 For 

details regarding the events that 

occurred subsequent to publication of 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Notices 77557 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of the 

Administrative Review of the Antidumping Duty 

Order on Common Alloy Aluminum Sheet from 

Germany; 2020–2022,’’ dated concurrently with, 

and hereby adopted by, this notice (Issues and 

Decision Memorandum). 

3See Common Alloy Aluminum Sheet from 

Bahrain, Brazil, Croatia, Egypt, Germany, India, 

Indonesia, Italy, Oman, Romania, Serbia, Slovenia, 

South Africa, Spain, Taiwan, and the Republic of 

Turkey: Antidumping Duty Orders, 86 FR 22139 

(April 27, 2021) (Order). 

4See Preliminary Results, 88 FR at 30087 and 

accompanying PDM at 4–5. 

5See Memorandum ‘‘Calculation of the WeightedAverage Dumping Margin for the Company Not 

Selected for Individual Examination’’ dated 

concurrently with this notice. 

Preliminary Results, see the Issues and 

Decision Memorandum.2

Commerce conducted this 

administrative review in accordance 

with section 751(a)(1)(B) of the Tariff 

Act of 1930, as amended (the Act). 

Scope of the Order 3

The product covered by the Order is 

common alloy aluminum sheet from 

Germany. Common alloy sheet is 

currently classifiable under Harmonized 

Tariff Schedule of the United States 

(HTSUS) subheadings 7606.11.3060, 

7606.11.6000, 7606.12.3096, 

7606.12.6000, 7606.91.3095, 

7606.91.6095, 7606.92.3035, and 

7606.92.6095. Further, merchandise that 

falls within the scope of the Order may 

also be entered into the United States 

under HTSUS subheadings 

7606.11.3030, 7606.12.3015, 

7606.12.3025, 7606.12.3035, 

7606.12.3091, 7606.91.3055, 

7606.91.6055, 7606.92.3025, 

7606.92.6055, 7607.11.9090. Although 

the HTSUS subheadings are provided 

for convenience and customs purposes, 

the written description of the scope of 

the Order is dispositive. 

For a complete description of the 

scope, see the Issues and Decision 

Memorandum. 

Analysis of Comments Received 

We addressed all issues raised in the 

case and rebuttal briefs 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 as 

an appendix to this notice. 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 https://

access.trade.gov. In addition, a complete 

version of the Issues and Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Changes Since the Preliminary Results 

Based on our review of the record and 

comments received from interested 

parties regarding the Preliminary 

Results, we made certain changes to our 

margin calculations for Novelis 

Deutschland GmbH (Novelis) and Speira 

GmbH (Speira) (which is the successorin-interest to Hydro Aluminium Rolled 

Products GmbH (HARP)) which also 

changed the weighted-average dumping 

margin assigned to the non-individually 

examined company under review, 

Constellium Rolled Products Singen 

GmbH & Co. KG. (Constellium). For a 

discussion of these changes, see the 

Issues and Decision Memorandum. 

Successor-in-Interest Determination 

In the Preliminary Results, Commerce 

determined that Speira is the successorin-interest to HARP.4 No party 

commented on this issue, and we have 

received no information that contradicts 

our preliminary finding. Therefore, we 

continue to find that Speira is the 

successor-in-interest to HARP. 

Rates for Companies Not Selected for 

Individual Examination 

The statute and Commerce’s 

regulations do not address the 

appropriate dumping margin to apply to 

respondents that were not selected for 

individual examination when 

Commerce limits its examination in an 

administrative review pursuant to 

section 777A(c)(2) of the Act. Generally, 

Commerce looks to section 735(c)(5) of 

the Act, which provides instructions for 

calculating the all-others rate in an 

investigation, for guidance when 

calculating the weighted-average 

dumping margin for respondents that 

were not individually examined in an 

administrative review. 

Section 735(c)(5)(A) of the Act 

provides that the all-others rate should 

be calculated by weight averaging the 

weighted-average dumping margins 

determined for individually-examined 

respondents, excluding rates that are 

zero, de minimis, or based entirely on 

facts available. When the rates 

determined for individually examined 

respondents are all zero, de minimis, or 

based entirely on facts available, section 

735(c)(5)(B) of the Act provides that 

Commerce may use ‘‘any reasonable 

method’’ to establish the all-others rate. 

The final weighted-average dumping 

margins that we calculated for the 

mandatory respondents Novelis and 

Speira are not zero, de minimis, or 

based entirely on facts available. 

Therefore, we assigned a weightedaverage dumping margin to the nonindividually examined respondent 

Constellium that is equal to the 

weighted average of the weightedaverage dumping margins that we 

calculated for Novelis and Speira, 

consistent with the guidance in section 

735(c)(5)(A) of the Act. We weighted 

Novelis and Speira’s weighted-average 

dumping margins based on the publicly 

ranged value of their sales.5

Final Results of Review 

We are assigning the following 

estimated weighted-average dumping 

margins to the firms listed below for the 

period October 15, 2020, through March 

31, 2022: 

Producer or exporter 

Weighted-average 

dumping margin 

(percent) 

Novelis Deutschland GmbH ........................................................................................................................................................ 16.42 

Speira GmbH (successor-in-interest to Hydro Aluminium Rolled Products GmbH) ................................................................... 16.69 

Review-Specific Rate Applicable to the Following Non-Examined Company: 

Constellium Rolled Products Singen GmbH & Co. KG ....................................................................................................... 16.51 

Disclosure 

Commerce intends to disclose to 

parties to the proceeding the 

calculations performed for these final 

results of review within five days of the 

date of publication of this notice in the 

Federal Register, in accordance with 19 

CFR 351.224(b). 

Assessment Rate 

Pursuant to section 751(a)(2)(C) of the 

Act and 19 CFR 351.212(b), Commerce 

will determine, and U.S. Customs and 


khammond on DSKJM1Z7X2PROD with NOTICES
77558 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Notices 

6See 19 CFR 351.212(b)(1). 

7 Id. 

8See 19 CFR 351.106(c)(2). 

9For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 

10See Order, 86 FR at 22142. 

Border Protection (CBP) shall assess, 

antidumping duties on all appropriate 

entries of subject merchandise covered 

by the final results of this review. 

Commerce intends to issue assessment 

instructions to CBP no earlier than 35 

days after the date of publication date of 

the final results of this review in the 

Federal Register. If a timely summons is 

filed at the U.S. Court of International 

Trade, the assessment instructions will 

direct CBP not to liquidate relevant 

entries until the time for parties to file 

a request for a statutory injunction has 

expired (i.e., within 90 days of 

publication). 

Where the respondent reported 

reliable entered values, we calculated 

importer–specific ad valorem 

assessment rates by aggregating the 

amount of dumping calculated for all 

U.S. sales to the importer and dividing 

this amount by the total entered value 

of the merchandise sold to the 

importer.6 Where the respondent did 

not report reliable entered values, we 

calculated importer-specific per-unit 

assessment rates by dividing the total 

amount of dumping calculated for all 

reviewed U.S. sales to the importer by 

the total quantity of those sales. We also 

calculated an estimated ad valorem 

importer–specific assessment rate to 

determine whether the per-unit 

assessment rate is de minimis (i.e., 0.50 

percent or less).7 Where an importer– 

specific ad valorem assessment rate is 

not zero or de minimis, Commerce will 

instruct CBP to collect the appropriate 

duties at the time of liquidation. 

However, where an importer-specific ad 

valorem assessment rate is zero or de 

minimis, or a respondent’s weightedaverage dumping margin is zero or de 

minimis, Commerce will instruct CBP to 

liquidate appropriate entries without 

regard to antidumping duties.8

We will instruct CBP to apply an 

assessment rate to entries of subject 

merchandise from the non-individually 

examined company, Constellium, equal 

to the company’s weighted-average 

dumping margin listed in the table in 

the ‘‘Final Results of Review’’ section 

above. 

For entries that were not reported in 

the U.S. sales data submitted by 

Novelis, and Speira, but that were 

entered under their CBP 10-digit case 

numbers (i.e., their cash deposit rates 

were applied at the time of entry), 

Commerce will instruct CBP to liquidate 

such entries at the all-others rate if there 

is no rate for the intermediate 

company(ies) involved in the 

transaction.9

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective for all 

shipments of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on, or after, the date of 

publication of this notice in the Federal 

Register, as provided for by section 

751(a)(2)(C) of the Act: (1) the cash 

deposit rate for the companies identified 

in the table in the ‘‘Final Results of 

Review’’ section above will be equal to 

the weighted-average dumping margin 

listed for the company in that table; (2) 

the cash deposit rate for an exporter not 

covered by this administrative, will 

continue to be the company’s currently 

existing cash deposit rate; (3) if the 

exporter was not covered by this review 

or a completed segment of this 

proceeding, but the producer of the 

subject merchandise was covered, the 

cash deposit rate will be the producers’ 

most recently established cash deposit 

rate; and (4) the cash deposit rate for all 

other producers or exporters will 

continue to be 49.40 percent, the cash 

deposit rate established in the 

investigation of this proceeding.10

These cash deposit requirements, 

when imposed, shall remain in effect 

until further notice. 

Notification to Importers 

This notice serves as a final reminder 

to importers of their responsibility 

under 19 CFR 351.402(f)(2) to file a 

certificate regarding the reimbursement 

of antidumping duties prior to 

liquidation of the relevant entries 

during this POR. Failure to comply with 

this requirement could result in 

Commerce’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

Administrative Protective Order (APO) 

This notice also serves as a final 

reminder to parties subject to APO of 

their responsibility concerning the 

return or destruction of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305(a)(3), 

which continues to govern business 

proprietary information in this segment 

of the proceeding. Timely written 

notification of the return or destruction 

of APO materials, or conversion to 

judicial protective order, is hereby 

requested. Failure to comply with the 

regulations and the terms of an APO is 

a sanctionable violation. 

Notification to Interested Parties 

We are issuing these final results of 

administrative review and publishing 

this notice in accordance with sections 

751(a)(1) and 777(i)(1) of the Act, and 19 

CFR 351.221(b)(5) and 19 CFR 

351.213(h)(2). 

Dated: November 3, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Changes Since the Preliminary Results of 

Review 

V. Discussion of the Issues 

General Issues 

Comment 1: Whether Commerce Should 

Revise its Draft Customs Instructions 

Novelis 

Comment 2: Whether Commerce Made 

Certain Ministerial Errors 

Comment 3: Whether Commerce Should 

Include Certain Quarterly Billing 

Adjustments in its Calculation of Net 

Home Market Prices Speira 

Comment 4: Whether to Reduce Section 

232 Duties Paid on Certain Sales by 

Claimed Reimbursements 

Comment 5: Whether Commerce 

Improperly Excluded Certain U.S. Sales 

from the Margin Calculations 

Comment 6: Whether Commerce Double 

Counted Merchandise Processing and 

Harbor Maintenance Fees for Certain 

Sales 

VI. Recommendation 

[FR Doc. 2023–24928 Filed 11–9–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD517] 

Caribbean Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public hybrid meeting 

(in-person/virtual). 

SUMMARY: The Caribbean Fishery 

Management Council (CFMC) will hold 

the 183rd public hybrid meeting to 

address the items contained in the 

tentative agenda included in the 

SUPPLEMENTARY INFORMATION. 


khammond on DSKJM1Z7X2PROD with NOTICES