Cargo Systems Messaging Service
CSMS #42227529 - AD and CVD Investigations on Common Alloy Aluminum Sheet from Multiple Countries
Cargo System Messaging Service Announcement of Initiation of Antidumping duty (AD) and Countervailing Duty (CVD) Investigations on Common Alloy Aluminum Sheet from Bahrain, Brazil, India and the Republic of Turkey (Turkey), and AD investigations of Common Alloy Aluminum Sheet from Croatia, Egypt, Germany, Greece, Indonesia, Italy, Republic of Korea (Korea), Oman, Romania, Serbia, Slovenia, South Africa, Spain, and Taiwan
On March 30, 2020, the Department of Commerce (Commerce) initiated its AD and CVD investigations on common alloy aluminum sheet from Bahrain, Brazil, India and Turkey, and AD investigations of common alloy aluminum sheet from Croatia, Egypt, Germany, Greece, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, and Taiwan (Initiation Notices). These investigations have been assigned the following case numbers: A-525-001 and C-525-002 (Bahrain); A-351-854 and C-351-855 (Brazil); A-533-895 and C-533-896 (India); A-489-839 and C-489-840 (Turkey); A-891-001 (Croatia); A-729-803 (Egypt); A-428-849 (Germany); A-484-804 (Greece); A-560-835 (Indonesia); A-475-842 (Italy); A-580-906 (Korea); A-523-814 (Oman); A-485-809 (Romania); A-801-001 (Serbia); A-856-001 (Slovenia); A-791-825 (South Africa); A-469-820 (Spain); and A-583-867 (Taiwan).
The Scope of Merchandise covered by these investigations reads as follows:
The products covered by these investigations are common alloy aluminum sheet, which is a flatrolled aluminum product having a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or cut-to-length, regardless of width. Common alloy sheet within the scope of these investigations includes both not clad aluminum sheet, as well as multi-alloy, clad aluminum sheet. With respect to not clad aluminum sheet, common alloy sheet is manufactured from a IXXX-, 3XXX-, or 5XXX-series alloy as designated by the Aluminum Association. With respect to multi-alloy, clad aluminum sheet, common alloy sheet is produced from a 3XXXseries core, to which cladding layers are applied to either one or both sides of the core.
Common alloy sheet may be made to ASTM specification B209-14 but can also be made to other specifications. Regardless of specification, however, all common alloy sheet meeting the scope description is included in the scope. Subject merchandise includes common alloy sheet that has been further processed in a third country, including but not limited to annealing, tempering, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of these investigations if performed in the country of manufacture of the common alloy sheet.
Excluded from the scope of these investigations is aluminum can stock, which is suitable for use in the manufacture of aluminum beverage cans, lids of such cans, or tabs used to open such cans. Aluminum can stock is produced to gauges that range from 0.200 mm to 0.292 mm, and has an H-l9, H-41, H-48, or H-391 temper. In addition, aluminum can stock has a lubricant applied to the flat surfaces of the can stock to facilitate its movement through machines used in the manufacture of beverage cans. Aluminum can stock is properly classified under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set for the above.
Common alloy sheet is currently classifiable under 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 these investigations 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 these investigations is dispositive.
Requirements For Submitting Comments On The Scope Of The Investigations: Please be sure to comply with all three requirements established below.
Deadline for Submitting Comments:
As announced in the Initiation Notices, Commerce is setting aside a period for interested parties to raise issues regarding product coverage (scope). The period for scope comments is intended to provide Commerce with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determinations, as appropriate. If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information. Commerce requests that all such comments be filed by 5:00 p.m. Eastern Time (ET) on April 20, 2020, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on April 30, 2020, which is 10 calendar days after the initial comments deadline. Commerce requests that any factual information the parties consider relevant to the scope of the investigations be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact Commerce and request permission to submit the additional information. All such comments must be filed on the records of each of the concurrent AD and CVD investigations identified above.
Required Entry of Appearance:
Parties wishing to participate in this segment and be included on the public service list must file a letter of appearance. Section 351.103(d)(1) of Commerce’s regulations states that “with the exception of a petitioner filing a petition in an investigation, to be included on the public service list for a particular segment, each interested party must file a letter of appearance.” The letter of appearance must be filed separately from any other document (with the exception of an application for APO access). Note, the letter of appearance must state how the party qualifies as an interested party (e.g., an exporter, producer, importer of the subject merchandise) and must include a point of contact, including address, telephone/fax number and email address.
All submissions to Commerce must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). An electronically-filed document must be received successfully in its entirety by the time, typically 5 p.m., and date when it is due. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until May 19, 2020, unless extended.
For your convenience, Commerce has the following resources available online to assist you in complying with these electronic filing procedures:
ACCESS: Help Link
https://access.trade.gov/help.aspx
ACCESS: External User Guide https://access.trade.gov/help/ACCESS_User_Guide.pdf
ACCESS: Handbook on Electronic Filing Procedures
https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf
Federal Register notice: Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011)
http://www.gpo.gov/fdsys/pkg/FR-2011-07-06/pdf/2011-16352.pdf
Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014)
http://www.gpo.gov/fdsys/pkg/FR-2014-11-20/pdf/2014-27530.pdf
Enforcement and Compliance: General Filing Requirements http://enforcement.trade.gov/filing/index.html
Required Certifications
Please note that certification requirements are in effect for company / government officials as well as their representatives. In all segments of antidumping duty or countervailing duty proceedings, parties submitting factual information must adhere to 19 CFR 351.303(g) regarding the requirement to certify submissions of factual information.
Understanding Critical Circumstances for Antidumping and Countervailing Duties
Critical circumstances is a provision in both the antidumping and countervailing
Duty (AD/CVD) laws that allows for the limited retroactive imposition of duties if certain conditions are met. Importers should be aware that entries of subject merchandise made after the initiation of an AD/CVD investigation may retroactively be subject to AD/CVD.
A finding of critical circumstances is an important tool for Commerce and the U.S. International Trade Commission (ITC) to offset possible import surges during the early period of an AD/CVD investigation. The petitioner in an AD/CVD investigation may allege critical circumstances during an investigation up to 21 days before the date of Commerce’s final determination. If Commerce makes a determination that critical circumstances exist, it has the statutory authority to order the retroactive suspension of liquidation and posting of a cash deposit for entries made before the issuance of a Preliminary and/or Final AD/CVD determination.
Commerce’s authority to suspend entries retroactively for AD/CVD is limited to those entries made on or after the later of: (1) 90 days before the effective date the suspension of liquidation was first ordered, or (2) the date on which the determination to initiate the investigation is published in the Federal Register. In either case, AD/CVD cash deposits are due on entries subject to critical circumstances determinations.
If, following a preliminary determination by Commerce that critical circumstances exist, both Commerce and the ITC reach a final affirmative determination of dumping or subsidization, but either agency makes a negative final determination of critical circumstances, Commerce will instruct U.S. Customs and Border Protection (CBP) to lift suspension from the entries made during the 90-day critical circumstances period and refund cash deposits made with respect to those entries. Interest is not payable on refunds of cash deposits at this stage in the AD/CVD case.
For Further Information Contact:
AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230:
Allison Hollander at (202) 482-2805 (AD Investigations from Bahrain and Slovenia); Shanah Lee at (202) 482-6386 (AD Investigation from Brazil); Irene Gorelik at (202) 482-6905 (AD Investigation from Croatia); Magd Zalok at (202) 482-4162 (AD Investigation from Egypt); Jonathan Hill at (202) 482-3518 (AD Investigation from Germany); Samantha Kinney at (202) 482-2285 (AD Investigation from Greece); Jasun Moy at (202) 482-8194 (AD Investigation from India); Preston Cox at (202) 482-5041(AD Investigation from Indonesia); Kathryn Wallace at (202) 482-6251 (AD Investigation from Italy); Annathea Cook at (202) 482-0250 (AD Investigation from Republic of Korea); Chelsey Simonovich at (202) 482-1979 (AD Investigation from Oman); Krisha Hill at (202) 482-4037 (AD Investigation from Romania); Katherine Johnson at (202) 482-4929 (AD Investigation from Serbia); Peter Zukowski at (202) 482-0189 (AD Investigation from South Africa); Rachel Greenberg at (202) 482-0652 (AD Investigation from Spain); Kathryn Turlo at (202) 482-3870 (AD Investigation from Taiwan); Sean Carey at (202) 482-3964 (AD Investigation from the Republic of Turkey); Thomas Schauer at (202) 482-0410 (CVD Investigation from Bahrain); Jonathan Hall-Eastman at (202) 482-1468 (CVD Investigation from Brazil); Benito Ballesteros at (202) 482-7425 (CVD Investigation from India); and Mark Hoadley at (202) 482-3148 (CVD Investigation from Republic of Turkey).
Determinations related to these proceedings, issued by Commerce and the ITC, will be published in the Federal Register. Parties may also view Commerce’s public AD/CVD instructions to CBP in ACE and “ADD CVD Search” at https://aceservices.cbp.dhs.gov/adcvdweb.
|
