[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Notices]
[Pages 79248-79250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22156]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-157]


Aluminum Lithographic Printing Plates From the People's Republic 
of China: Final Affirmative Countervailing Duty Determination and Final 
Affirmative Determination of Critical Circumstances

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of aluminum lithographic printing plates (printing plates) from the 
People's Republic of China (China). The period of investigation (POI) 
is January 1, 2022, through December 31, 2022.

DATES: Applicable September 27, 2024.

FOR FURTHER INFORMATION CONTACT: Ajay Menon, AD/CVD Operations, Office 
IX, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-0208.

SUPPLEMENTARY INFORMATION:

Background

    On March 1, 2024, Commerce published its Preliminary Determination 
in the Federal Register and invited interested parties to comment.\1\ 
On July 22, 2024, Commerce tolled certain deadlines in this 
administrative proceeding by seven days.\2\ The deadline for the final 
determination is now September 20, 2024. For a complete discussion of 
the events that followed the Preliminary Determination, see the Issues 
and Decision Memorandum.\3\
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    \1\ See Aluminum Lithographic Printing Plates from the People's 
Republic of China: Preliminary Affirmative Countervailing Duty 
Determination, and Alignment of Final Determination With Final 
Antidumping Duty Determination, 89 FR 15134 (March 1, 2024) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Memorandum, ``Decision Memorandum for the Final 
Affirmative Determination in the Countervailing Duty Investigation 
of Aluminum Lithographic Printing Plates from the People's Republic 
of China,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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    The Issues and Decision Memorandum is a public document and is made 
available to the public 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.

Scope of the Investigation

    The merchandise covered by the scope of this investigation are 
printing plates from China. For a complete description of the scope of 
this investigation, see Appendix I.

Scope Comments

    We received no comments from interested parties on the scope of the 
investigation as it appeared in the Preliminary Determination. 
Therefore, we made no changes to the scope of the investigation.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in March 2024, Commerce conducted verification of the 
subsidy information reported by Fujifilm Printing Plate (China) Co., 
Ltd. (FFPS) and its cross-owned affiliate Fujifilm (China) Investment 
Co., Ltd.\4\
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    \4\ See Memorandum, ``Verification of the Questionnaire 
Responses of Fujifilm Printing Plate (China) Co., Ltd. and Fujifilm 
(China) Investment Co., Ltd.,'' June 10, 2024.
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Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by the parties in this investigation are 
discussed in the Issues and Decision Memorandum. For a list of the 
issues raised by interested parties and addressed in the Issues and 
Decision Memorandum, see Appendix II.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Act. For each of the subsidy programs found to be 
countervailable, Commerce determines that there is a subsidy, i.e., a 
financial contribution by an ``authority'' that gives rise to a benefit 
to the recipient, and that the subsidy is specific.\5\ For a full 
description of the methodology underlying our final determination, see 
the Issues and Decision Memorandum.
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    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; see also section 771(5)(E) of the Act 
regarding benefit; and section 771(5A) of the Act regarding 
specificity.
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    In making this final determination, Commerce relied, in part, on 
facts otherwise available, including with an adverse inference, 
pursuant to sections 776(a) and (b) of the Act. For a full discussion 
of our application of adverse facts available (AFA), see the 
Preliminary Determination \6\ and the Issues and Decision Memorandum at 
the section entitled ``Uses of Facts Available and Application of 
Adverse Inferences.''
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    \6\ See Preliminary Determination PDM at 4-42.
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Changes Since the Preliminary Determination

    Based on our review and analysis of the information at verification 
and comments received from interested parties, we made changes to the 
subsidy rate calculations for FFPS. For a discussion of these changes, 
see the Issues and Decision Memorandum.

[[Page 79249]]

Final Affirmative Determination of Critical Circumstances, in Part

    Commerce preliminarily determined, in accordance with sections 
703(e)(1)(A) and (B) of the Act, and 19 CFR 351.206, that critical 
circumstances exist with respect to imports of subject merchandise for 
FFPS and Shanghai National Ink Co. Ltd. (Shanghai National).\7\ For 
this final determination, in accordance with section 705(a)(2) of the 
Act as well as our analysis of comments received regarding our 
affirmative preliminary determination of critical circumstances, in 
part,\8\ Commerce continues to find that critical circumstances exist 
with respect to imports of subject merchandise for FFPS and Shanghai 
National, and do not exist with respect to imports of subject 
merchandise for all other exporters and producers. For a full 
description of the methodology and results of our critical 
circumstances analysis, see the Issues and Decision Memorandum.
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    \7\ See Aluminum Lithographic Printing Plates From the People's 
Republic of China: Preliminary Determination of Critical 
Circumstances, in Part, in the Countervailing Duty Investigation, 89 
FR 24433 (April 8, 2024) (Preliminary Critical Circumstances 
Determination).
    \8\ See Issues and Decision Memorandum at Comment 3.
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All-Others Rate

    Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will 
determine an all-others rate equal to the weighted-average 
countervailable subsidy rates established for exporters and/or 
producers individually investigated, excluding any zero and de minimis 
countervailable subsidy rates, and any rates determined entirely under 
section 776 of the Act. We continue to assign a rate based entirely on 
facts available to Shanghai National. Therefore, the only rate that 
that is not zero, de minimis, or based entirely on facts otherwise 
available is the rate calculated for FFPS. Consequently, we continue to 
assign the rate calculated for FFPS as the rate for all other producers 
and exporters, pursuant to section 705(c)(5)(A)(i) of the Act.

Final Determination

    Commerce determines that the following estimated countervailable 
subsidy rates exist for the period January 1, 2022, through December 
31, 2022:

------------------------------------------------------------------------
                                                            Subsidy rate
                          Company                            (percent ad
                                                              valorem)
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Fujifilm Printing Plate (China) Co., Ltd \9\..............         35.66
Shanghai National Ink Co. Ltd.............................      * 229.54
All Others................................................         35.66
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* Rate based on AFA.

Disclosure

    Commerce intends to disclose to interested parties the calculations 
and analysis performed in this final determination within five days of 
any public announcement or, if there is no public announcement, within 
five days of the date of publication of this notice in accordance with 
19 CFR 351.224(b).
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    \9\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following company to be cross-owned with 
FFPS: Fujifilm (China) Investment Co., Ltd.
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Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination, and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs 
and Border Protection (CBP) to collect cash deposits and suspend 
liquidation of entries of subject merchandise from China that were 
entered, or withdrawn from warehouse, for consumption, on or after 
March 1, 2024, the date of the publication of the Preliminary 
Determination in the Federal Register.\10\ Because we preliminarily 
determined that critical circumstances existed with respect to imports 
of subject merchandise from FFPS and Shanghai National, we instructed 
CBP to suspend such entries on or after December 1, 2023, which is 90 
days prior to the date of the publication of the Preliminary 
Determination in the Federal Register.\11\ In accordance with section 
703(d) of the Act, we instructed CBP to discontinue the suspension of 
liquidation of all entries of subject merchandise entered or withdrawn 
from warehouse, on or after June 29, 2024, the final day of provisional 
measures, but to continue the suspension of liquidation of all entries 
of subject merchandise on or before June 28, 2024.
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    \10\ See Preliminary Determination, 89 FR at 15135.
    \11\ See Preliminary Critical Circumstances Determination, 89 FR 
at 24435.
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    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a countervailing duty 
(CVD) order, reinstate the suspension of liquidation under section 
706(a) of the Act, as appropriate, and require a cash deposit of 
estimated countervailing duties for entries of subject merchandise in 
the amounts indicated above. If the ITC determines that material 
injury, or threat of material injury, does not exist, this proceeding 
will be terminated, and all estimated duties deposited or securities 
posted as a result of the suspension of liquidation will be refunded or 
cancelled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our final affirmative determination that countervailable 
subsidies are being provided to producers and exporters of printing 
plates from China. Because the final determination is affirmative, in 
accordance with section 705(b) 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 of printing plates from China no later than 45 days after our 
final determination. In addition, we are making available to the ITC 
all non-privileged and nonproprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance. If 
the ITC determines that material injury or threat of material injury 
does not exist, this proceeding will be terminated and all cash 
deposits will be refunded. If the ITC determines that such injury does 
exist, Commerce will issue a CVD order directing CBP to assess, upon 
further instruction by Commerce, CVDs on all imports of the subject 
merchandise that are entered, or withdrawn, for consumption on or after 
the effective date of the suspension of liquidation, as discussed above 
in the ``Continuation of Suspension of Liquidation'' section.

Administrative Protective Order

    In the event that the ITC issues a final negative injury 
determination, this notice will serve 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/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.

[[Page 79250]]

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 705(d) and 777(i) of the Act, and 19 CFR 351.210(c).

    Dated: September 20, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is aluminum 
lithographic printing plates. Aluminum lithographic printing plates 
consist of a flat substrate containing at least 90 percent aluminum. 
The aluminum-containing substrate is generally treated using a 
mechanical, electrochemical, or chemical graining process, which is 
followed by one or more anodizing treatments that form a hydrophilic 
layer on the aluminum-containing substrate. An image-recording, 
oleophilic layer that is sensitive to light, including but not 
limited to ultra-violet, visible, or infrared, is dispersed in a 
polymeric binder material that is applied on top of the hydrophilic 
layer, generally on one side of the aluminum lithographic printing 
plate. The oleophilic light-sensitive layer is capable of capturing 
an image that is transferred onto the plate by either light or heat. 
The image applied to an aluminum lithographic printing plate 
facilitates the production of newspapers, magazines, books, 
yearbooks, coupons, packaging, and other printed materials through 
an offset printing process, where an aluminum lithographic printing 
plate facilitates the transfer of an image onto the printed media. 
Aluminum lithographic printing plates within the scope of this 
investigation include all aluminum lithographic printing plates, 
irrespective of the dimensions or thickness of the underlying 
aluminum substrate, whether the plate requires processing after an 
image is applied to the plate, whether the plate is ready to be 
mounted to a press and used in printing operations immediately after 
an image is applied to the plate, or whether the plate has been 
exposed to light or heat to create an image on the plate or remains 
unexposed and is free of any image.
    Subject merchandise also includes aluminum lithographic printing 
plates produced from an aluminum sheet coil that has been coated 
with a light-sensitive image-recording layer in a subject country 
and that is subsequently unwound and cut to the final dimensions to 
produce a finished plate in a third country (including the United 
States), or exposed to light or heat to create an image on the plate 
in a third country (including in a foreign trade zone within the 
United States).
    Excluded from the scope of this investigation are lithographic 
printing plates manufactured using a substrate produced from a 
material other than aluminum, such as rubber or plastic.
    Aluminum lithographic printing plates are currently classifiable 
under Harmonized Tariff of the United States (HTSUS) subheadings 
3701.30.0000 and 3701.99.6060. Further, merchandise that falls 
within the scope of this investigation may also be entered into the 
United States under HTSUS subheadings 3701.99.3000 and 8442.50.1000. 
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. Background
III. Period of Investigation
IV. Final Critical Circumstances Determination
V. Subsidies Valuation Information
VI. Interest Rates and Benchmarks
VII. Use of Facts Available and Adverse Inferences
VIII. Analysis of Programs
IX. Discussion of the Issues
    Comment 1: Whether Commerce Made a Ministerial Error in the 
Calculation of the Rate Applicable to FFPS for the Provision of 
Electricity for Less Than Adequate Remuneration (LTAR)
    Comment 2: Whether Commerce Should Attribute Export Subsidies 
Received by the JRT Companies to FFPS
    Comment 3: Whether Commerce Should Make a Negative Finding of 
Critical Circumstances for FFPS
    Comment 4: Whether Commerce's Decision To Countervail the 
Provision of Aluminum Sheet and Aluminum Foil for LTAR Is in 
Accordance With Law
    Comment 5: Whether Commerce's Application of Adverse Facts 
Available to the Export Buyer's Credit Program Is in Accordance With 
Law
    Comment 6: Whether Commerce's Countervailing of the Provision of 
Electricity for LTAR Is in Accordance With Law
    Comment 7: Whether Commerce's Determinations Regarding Other 
Subsidies Exceed the Lawful Scope of This Investigation
X. Recommendation

[FR Doc. 2024-22156 Filed 9-26-24; 8:45 am]
BILLING CODE 3510-DS-P