2024-09920. Common Alloy Aluminum Sheet From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order

AGENCY:

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

SUMMARY:

As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping (AD) duty order on certain common alloy aluminum sheet (CAAS) from the People's Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the “Final Results of Sunset Review” section of this notice.

DATES:

Applicable May 7, 2024.

FOR FURTHER INFORMATION CONTACT:

Erin Kearney, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; [phone].

SUPPLEMENTARY INFORMATION:

Background

On January 2, 2024, Commerce published the notice of initiation of the first sunset review of the Order,^[1] pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).^[2] On January 9, 2024, Commerce received a notice of intent to participate in the sunset review from the Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group and its individual members (collectively, the domestic interested parties),^[3] within the deadline specified in 19 CFR 351.218(d)(1)(i).^[4] The domestic interested parties claimed interested party status under section 771(9)(E) of the Act as a trade or business association, a majority of whose members manufacture, produce, or wholesale the domestic like product in the United States. The domestic interested parties stated that its members are interested parties under section 771(9)(C) of the Act as U.S. manufacturers, producers, or wholesalers of the domestic like product.^[5]

On February 1, 2024, the domestic interested parties filed an adequate substantive response within the deadline specified in 19 CFR 351.218(d)(3)(i).^[6] Commerce did not receive a substantive response from any respondent interested party. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order.

Scope of the Order

The merchandise covered by this Order is common alloy aluminum sheet from China. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.^[7]

Analysis of Comments Received

A complete discussion of all issues raised in this sunset review, including the likelihood of continuation or recurrence of dumping in the event of revocation of the Order and the magnitude of the margin of dumping likely to prevail if the Order was to be revoked, is provided in the Issues and Decision Memorandum.^[8] A list of the topics discussed 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 Services System (ACCESS). ACCESS is available to registered users at http://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.

Final Results of Sunset Review

Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Order would be likely to lead to the continuation or recurrence of dumping, and that the magnitude of the dumping margin likely to prevail would be weighted-average margins of up to 59.72 percent.

Notification Regarding Administrative Protective Order

This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely 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 expedited final results of sunset review and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.

Dated: April 30, 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

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary

II. Background

III. Scope of the Order

IV. History of the Order

V. Legal Framework

VI. Discussion of the Issues

1. Likelihood of Continuation or Recurrence of Dumping

2. Magnitude of Dumping Margin Likely to Prevail

VII. Final Results of Sunset Review

VIII. Recommendation

Footnotes

1.   See Common Alloy Aluminum Sheet from the People's Republic of China: Antidumping Duty Order,84 FR 2813 (February 8, 2019) ( Order).

2.   See Initiation of Five-Year (Sunset) Reviews,89 FR 66 (January 2, 2023) ( Initiation Notice).

3.  The individual members of Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group are: Arconic Corporation; Commonwealth Rolled Products, Inc.; Constellium Rolled Products Ravenswood, LLC; Jupiter Aluminum Corporation; JW Aluminum Company; Novelis Corporation; and Texarkana Aluminum, Inc.

4.   See Domestic Interested Parties' Letter, “Domestic Interested Parties' Notice of Intent To Participate,” dated January 9, 2024.

5.   Id.

6.   See Domestic Interested Parties' Letter, “Domestic Interested Parties' Substantive Response,” dated February 1, 2024 (Substantive Response).

7.   See Memorandum, “Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Antidumping Duty Order on Common Alloy Aluminum Sheet from the People's Republic of China,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).

8.   Id.