88 FR 214 pgs. 76722-76724 - Common Alloy Aluminum Sheet From Spain: Final Results of Antidumping Duty Administrative Review; 2020–2022
Type: NOTICEVolume: 88Number: 214Pages: 76722 - 76724
Pages: 76722, 76723, 76724Docket number: [A–469–820]
FR document: [FR Doc. 2023–24598 Filed 11–6–23; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-820]
Common Alloy Aluminum Sheet From Spain: 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 common alloy aluminum sheet (aluminum sheet) from Spain was sold in the United States at less than normal value during the period of review (POR), October 15, 2020, through March 31, 2022.
DATES:
Applicable November 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Colin Thrasher, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3004.
SUPPLEMENTARY INFORMATION:
Background
On May 5, 2023, Commerce published the Preliminary Results covering one producer/exporter, Compania Valenciana de Aluminio Baux, S.L.U./Bancolor Baux, S.L.U. (collectively, Baux). 1 We invited interested parties to comment on the Preliminary Results. On August 10, 2023, Commerce extended the time period for issuing the final results of this review until November 1, 2023. 2 For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum. 3
Footnotes:
1 ? See Common Alloy Aluminum Sheet from Spain: Preliminary Results of Antidumping Duty Administrative Review; 2020-2022, 88 FR 29090 (May 5, 2023) ( Preliminary Results ) and accompanying Preliminary Decision Memorandum. Commerce previously determined that Baux is a single entity comprised of the following two producers/exporters of subject merchandise: Compania Valenciana de Aluminio Baux, S.L.U. and Bancolor Baux S.L.U. (Bancolor). See Common Alloy Aluminum Sheet from Spain: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 65367 (October 15, 2020), and accompanying Preliminary Decision Memorandum, unchanged in Common Alloy Aluminum Sheet from Spain: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 13298 (March 8, 2021) ( Final Determination ), and accompanying Issues and Decision Memorandum.
2 ? See Memorandum, "Extension of Deadline for Final Results of Antidumping Duty Administrative Review, 2020-2022," dated August 10, 2023.
3 ? See Memorandum, "Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order: Common Alloy Aluminum Sheet from Spain; 2020-2022," dated concurrently with and hereby adopted by this notice (Issues and Decision Memorandum).
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Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order? 4
Footnotes:
4 ? See 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 ).
The products covered by this Order are common alloy aluminum sheet from Spain. For a full description of the scope, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed 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 as an appendix. 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 a review of the record and comments received from interested parties, we have recalculated the weighted-average dumping margin for Baux. We have used updated sales databases and made certain additional changes as a result of verification in determining Baux's dumping margin. For a more detailed discussion of these changes, see the Issues and Decision Memorandum.
Final Results of Review
Commerce determines that the following estimated weighted-average dumping margin exists for the period October 15, 2020, through March 31, 2022:
| Exporter/producer | Weighted- average dumping margin (percent) |
|---|---|
| Compania Valenciana de Aluminio Baux, S.L.U./Bancolor Baux, S.L.U | 10.38 |
Disclosure
Commerce intends to disclose to interested parties the calculations performed in connection with the final results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final determination in the Federal Register , in accordance with 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b)(1), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.
Because Baux's weighted-average dumping margin is not zero or de minimis ( i.e., less than 0.5 percent), Commerce has calculated importer-specific antidumping duty assessment rates. We calculated importer-specific ad valorem assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales. Where an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by Baux for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate established in the original less-than-fair value (LTFV) investigation of 3.80 percent if there is no rate for the intermediate company(ies) involved in the transaction. 5
Footnotes:
5 ?For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003); see also Final Determination.
We intend to instruct CBP to take into account the "provisional measures deposit cap," in accordance with 19 CFR 351.212(d).
Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the 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).
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 publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for Baux will be the rate established in the final results of this administrative review; (2) for merchandise exported by producers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the LTFV investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 3.80 percent, the all-others rate established in the LTFV investigation. 6 These cash deposit requirements, when imposed, shall remain in effect until further notice.
Footnotes:
6 ? See Final Determination.
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 has occurred and the subsequent assessment of double antidumping duties.
Administrative Protective Order
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Notification to Interested Parties
We are issuing 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)(1).
Dated: November 1, 2023.
Lisa W. Wang,
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
V. Discussion of the Issues
Comment 1: Whether Commerce Should Grant Baux a Level of Trade Adjustment
Comment 2: Whether Commerce Should Use Baux's Updated Databases
VI. Recommendation
[FR Doc. 2023-24598 Filed 11-6-23; 8:45 am]
BILLING CODE 3510-DS-P