[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12431-12433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04607]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-073]


Common Alloy Aluminum Sheet From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2020-
2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain companies under review sold subject merchandise at less 
than normal value during the period of review (POR), February 1, 2020, 
through January 31, 2021. Interested parties are invited to comment on 
these preliminary results of this review.

DATES: Applicable March 4, 2022.

FOR FURTHER INFORMATION CONTACT: Frank Schmitt, 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) 482-4880.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2021, in response to review requests from multiple 
parties, Commerce initiated an administrative review of the antidumping 
duty order on common alloy aluminum sheet (CAAS) from the People's 
Republic of China (China).\1\ The POR is February 1, 2020, through 
January 31, 2021.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 17124 (April 1, 2021).
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    On May 18, 2021, Commerce selected one exporter for individual 
examination as a mandatory respondent, Jiangsu Alcha Aluminum Co., 
Ltd.\2\ In the 2018-2020 administrative review of this antidumping duty 
order Commerce determined that Jiangsu Alcha Aluminum Co., Ltd., Baotou 
Alcha Aluminum Co., Ltd. (Baotou Alcha), and Alcha International 
Holdings Limited (Alcha International) should be treated as a single 
entity.\3\ Additionally, Commerce determined that Jiangsu Alcha 
Aluminum Group Co., Ltd. (Jiangsu Alcha) is the successor-in-interest 
to Jiangsu Alcha Aluminum Co., Ltd.\4\ Therefore, the mandatory 
respondent in the current administrative review is the entity of 
Jiangsu Alcha, Baotou Alcha, and Alcha International (collectively, 
Alcha).
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    \2\ See Memorandum, ``2020-2021 Antidumping Administrative 
Review of Common Alloy Aluminum Sheet from the People's Republic of 
China: Respondent Selection,'' dated May 18, 2021.
    \3\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review, 
Final Successor-In-Interest Determination, and Final Determination 
of No shipments; 2018-2020, 86 FR 74066 (December 29, 2021).
    \4\ Id.
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    During the course of this review, Alcha filed responses to 
Commerce's questionnaires and supplemental questionnaires, and the 
Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement 
Working Group and its individual members \5\ (the domestic industry) 
commented on those responses. On October 14, 2021, Commerce extended 
the time limit for completing the preliminary results of this review, 
until February 25, 2022.\6\
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    \5\ The individual members of the Aluminum Association Common 
Alloy Aluminum Sheet Trade Enforcement Working Group are: Aleris 
Rolled Products Inc., Arconic Corporation, Commonwealth Rolled 
Products, Inc., Constellium Rolled Products Ravenswood, LLC, Jupiter 
Aluminum Corporation, JW Aluminum Company, and Novelis Corporation.
    \6\ See Memorandum, ``2020-2021 Administrative Review of the 
Antidumping Duty Order on Common Alloy Aluminum Sheet from the 
People's Republic of China: Extension of Deadline for Preliminary 
Results,'' dated October 14, 2021.
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    For details regarding the events that occurred subsequent to the 
initiation of the review, see the Preliminary Decision Memorandum.\7\ A 
list of topics discussed in the Preliminary Decision Memorandum is 
included as an Appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2020-2021 Antidumping Duty Administrative Review of 
Common Alloy Aluminum Sheet from the People's Republic of China,'' 
issued concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the order is common alloy aluminum sheet 
from China. For a complete description of the

[[Page 12432]]

scope of the order, see the Preliminary Decision Memorandum.

Separate Rates

    We preliminarily determine that the information placed on the 
record by Jiangsu Alcha, Alcha International, and Yinbang Clad Material 
Co., Ltd. (Yinbang Clad) demonstrates that these companies are eligible 
for a separate rate. No companies under review have been preliminary 
determined to be ineligible for a separate rate. For additional 
information regarding Commerce's preliminary separate rates 
determinations, see the Preliminary Decision Memorandum.

Dumping Margins for Separate Rate Companies

    The statute and Commerce's regulations do not address what rate to 
apply to respondents 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 
rate for non-selected respondents that are not examined individually in 
an administrative review. Section 735(c)(5)(A) of the Act states that 
the all-others rate should be calculated by averaging the weighted-
average dumping margins for individually examined respondents, 
excluding rates that are zero, de minimis, or based entirely on facts 
available. Where the rates for the individually examined companies 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. In this review, we 
calculated a rate for Alcha that is not zero, de minimis, or based 
entirely on facts available. Therefore, we have assigned this rate to 
Yinbang Clad, the only company not selected for individual examination 
in this review that is eligible for a separate rate.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) of the Act. In determining the dumping 
margins in this review, we calculated export and constructed export 
prices in accordance with section 772 of the Act. Because Commerce has 
determined that China is a nonmarket economy country,\8\ within the 
meaning of section 771(18) of the Act, Commerce calculated normal value 
in accordance with section 773(c) of the Act.
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    \8\ See Antidumping Duty Investigation of Certain Aluminum Foil 
from the People's Republic of China: Affirmative Preliminary 
Determination of Sales at Less-Than-Fair Value and Postponement of 
Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing 
Memorandum, ``China's Status as a Non-Market Economy,'' dated 
October 26, 2017), unchanged in Certain Aluminum Foil from the 
People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 83 FR 9282 (March 5, 2018).
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    For a full description of the methodology underlying the 
preliminary results of this review, see the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    We are preliminarily assigning the following dumping margins to the 
firms listed below for the period February 1, 2020, through January 31, 
2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Jiangsu Alcha Aluminum Group Co., Ltd./Baotou Alcha Aluminum       39.10
 Co., Ltd./Alcha International Holdings Limited.............
Yinbang Clad Material Co., Ltd..............................       39.10
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Disclosure and Public Comment

    Commerce intends to disclose to parties to the proceeding the 
calculations performed for these preliminary 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). Interested parties may 
submit case briefs no later than 30 days after the date of publication 
of these preliminary results of review in the Federal Register.\9\ 
Rebuttal briefs may be filed no later than seven days after case briefs 
are due and may respond only to arguments raised in the case 
briefs.\10\ A table of contents, list of authorities used, and an 
executive summary of issues should accompany any briefs submitted to 
Commerce. The summary should be limited to five pages total, including 
footnotes.\11\
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    \9\ See 19 CFR 351.309(c)(ii).
    \10\ See 19 CFR 351.309(d).
    \11\ See 19 CFR 351.309(c)(2), (d)(2).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice in the Federal Register.\12\ Requests 
should contain the party's name, address, and telephone number, the 
number of individuals from the requesting party's firm that will attend 
the hearing, and a list of the issues the party intends to discuss at 
the hearing. Oral arguments at the hearing will be limited to issues 
raised in the briefs. If a request for a hearing is made, Commerce 
intends to hold the hearing at a date and time to be determined.\13\ 
Parties should confirm by telephone the date and time of the hearing 
two days before the scheduled date of the hearing.
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    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310(d).
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    All submissions must be filed electronically using ACCESS.\14\ An 
electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS, by 5 p.m. 
Eastern Time (ET) on the due date.\15\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information until further notice.\16\ 
Unless otherwise extended, Commerce intends to issue the final results 
of this administrative review, which will include the results of its 
analysis of issues raised in any briefs, within 120 days of publication 
of these preliminary results of review in the Federal Register, 
pursuant to section 751(a)(3)(A) of the Act.
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    \14\ See generally 19 CFR 351.303.
    \15\ See 19 CFR 351.303 (for general filing requirements); see 
also Antidumping and Countervailing Duty Proceedings: Electronic 
Filing Procedures; Administrative Protective Order Procedures, 76 FR 
39263 (July 6, 2011).
    \16\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18, 
2020); see also Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\17\ Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after date of publication 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).
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    \17\ See 19 CFR 351.212(b)(1).
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    For each individually examined respondent in this review whose 
weighted-average dumping margin in the final results of review is not 
zero or de minimis (i.e., less than 0.5 percent),

[[Page 12433]]

Commerce intends to calculate importer/customer-specific assessment 
rates.\18\ Where the respondent reported reliable entered values, 
Commerce intends to calculate importer/customer-specific ad valorem 
assessment rates by aggregating the amount of dumping calculated for 
all U.S. sales to the importer/customer and dividing this amount by the 
total entered value of the merchandise sold to the importer/
customer.\19\ Where the respondent did not report entered values, 
Commerce will calculate importer/customer-specific assessment rates by 
dividing the amount of dumping for reviewed sales to the importer/
customer by the total quantity of those sales. Commerce will calculate 
an estimated ad valorem importer/customer-specific assessment rate to 
determine whether the per-unit assessment rate is de minimis; however, 
Commerce will use the per-unit assessment rate where entered values 
were not reported.\20\ Where an importer/customer-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. Where 
either the respondent's weighted average dumping margin is zero or de 
minimis, or an importer/customer-specific ad valorem assessment rate is 
zero or de minimis, Commerce will instruct CBP to liquidate appropriate 
entries without regard to antidumping duties.\21\
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    \18\ See 19 CFR 351.212(b)(1).
    \19\ See 19 CFR 351.212(b)(1).
    \20\ Id.
    \21\ See Final Modification, 77 FR at 8103.
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    For the respondents that were not selected for individual 
examination in this administrative review, but which qualified for a 
separate rate, the assessment rate will be based on the weighted-
average dumping margin(s) assigned to the respondent(s), as 
appropriate, in the final results of this review.\22\
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    \22\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Preliminary Results of the Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments: 2014-2015, 81 
FR 29528 (May 12, 2016), and accompanying IDM at 10-11, unchanged in 
Drawn Stainless Steel Sinks from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; Final 
Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15, 
2016).
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    Pursuant to Commerce's refinement to its practice, for sales that 
were not reported in the U.S. sales database submitted by an exporter 
individually examined during this review, Commerce will instruct CBP to 
liquidate the entry of such merchandise at the dumping margin for the 
China-wide entity.\23\ Additionally, where Commerce determines that an 
exporter under review had no shipments of subject merchandise to the 
United States during the POR, any suspended entries of subject 
merchandise that entered under that exporter's CBP case number during 
the POR will be liquidated at the dumping margin for the China-wide 
entity.
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    \23\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
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    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated antidumping 
duties, where applicable.

Cash Deposit Requirements

    Commerce will instruct CBP to require a cash deposit for 
antidumping duties equal to the weighted-average amount by which the 
normal value exceeds U.S. price. The following cash deposit 
requirements will be effective for shipments of the subject merchandise 
from China entered, or withdrawn from warehouse, for consumption on or 
after the publication date of this notice in the Federal Register, as 
provided by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed in the table above, the cash deposit rate will be equal to the 
weighted-average dumping margin established in the final results of 
this review for the exporter (except, if the dumping margin is de 
minimis (i.e., less than 0.5 percent), then the cash deposit rate will 
be zero for that exporter); (2) for previously investigated or reviewed 
Chinese and non-Chinese exporters that are not listed in the table 
above but that have separate rates, the cash deposit rate will continue 
to be the exporter-specific rate established in the most recently 
completed segment of this proceeding; (3) for all Chinese exporters of 
subject merchandise which have not been found to be entitled to a 
separate rate, the cash deposit rate will be the rate for the China-
wide entity (i.e., 59.72 percent) \24\ and (4) for all non-Chinese 
exporters of subject merchandise that have not received their own rate, 
the cash deposit rate will be the rate applicable to the China exporter 
that supplied that non-Chinese exporter. These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \24\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019).
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties and/or countervailing 
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 and/or 
countervailing duties has occurred, and the subsequent assessment of 
double antidumping duties and/or an increase in the amount of 
antidumping duties by the amount of the countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: February 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Sections in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Adjustment Under Section 777A of the Act
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2022-04607 Filed 3-3-22; 8:45 am]
BILLING CODE 3510-DS-P