Aluminum Lithographic Printing Plates From Japan: Final Affirmative Determination of Sales at Less-Than-Fair-Value

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Federal RegisterSep 27, 2024
89 Fed. Reg. 79250 (Sep. 27, 2024)
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    Department of Commerce International Trade Administration
  • [A-588-881]
  • AGENCY:

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

    SUMMARY:

    The U.S. Department of Commerce (Commerce) determines that aluminum lithographic printing plates (printing plates) from Japan are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2022, through June 30, 2023.

    DATES:

    Applicable September 27, 2024.

    FOR FURTHER INFORMATION CONTACT:

    Caroline Carroll, 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) 482-4948.

    SUPPLEMENTARY INFORMATION:

    Background

    On May 1, 2024, Commerce published in the Federal Register the Preliminary Determination in this investigation and invited interested parties to comment. On July 22, 2024, Commerce tolled certain deadlines in this investigation by seven days. The deadline for the final determination is now September 20, 2024. For a complete description of the events that occurred since the Preliminary Determination, see the Issues and Decision Memorandum. 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.

    See Aluminum Lithographic Printing Plates from Japan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 35065 (May 1, 2024) ( Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM).

    See Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024.

    See Memorandum, “Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Aluminum Lithographic Printing Plates from Japan,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).

    Scope of the Investigation

    The merchandise covered by the scope of this investigation is printing plates from Japan. 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 May 2024, Commerce conducted on-site verifications of the data reported by Fujifilm and its U.S. affiliate, Fujifilm North America Corporation, using standard verification procedures.

    See Memoranda, “Verification of the Sales Response of Fujifilm Corporation,” dated July 17, 2024; “Verification of the U.S. Sales Response of Fujifilm North America Corporation,” dated July 18, 2024; and “Verification of the Cost Response of Fujifilm Corporation,” dated August 7, 2024.

    Analysis of Comments Received

    The issues raised in the case and rebuttal briefs by the parties in this investigation are addressed 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.

    Changes Since the Preliminary Determination

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

    Use of Adverse Facts Available

    As discussed in the Preliminary Determination, Commerce assigned to one of the mandatory respondents in this investigation, Miraclon Corporation Ltd. (Miraclon), an estimated weighted-average dumping margin on the basis of adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act, because it failed to cooperate by not acting to the best of its ability to comply with Commerce's requests for information. As discussed in the Issues and Decision Memorandum, we find no basis to change our decision in the Preliminary Determination to apply AFA to Miraclon. As AFA, we continue to apply the highest transactions specific margin calculated for Fujifilm ( i.e., 160.11 percent) because it is a rate derived from information submitted on the record and is sufficiently adverse to ensure that the uncooperative party does not obtain a more favorable result by failing to cooperate than if it had fully cooperated.

    See Preliminary Determination, 89 FR at 35065.

    See Preliminary Determination PDM at 6.

    All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated weighted-average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for individually investigated exporters and producers, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act.

    In this investigation, Commerce assigned a rate based entirely on facts available to Miraclon. Therefore, the only rate that is not zero, de minimis, or based entirely on facts otherwise available is the rate calculated for Fujifilm. Consequently, the rate calculated for Fujifilm is also assigned as the rate for all other producers and/or exporters.

    Final Determination

    The final estimated weighted-average dumping margins are listed below:

    Exporter/producer Weighted- average dumping margin (percent)
    Fujifilm Corporation; Fujifilm Shizuoka Co., Ltd 91.83
    Miraclon Corporation Ltd * 160.11
    All Others 91.83
    * Rate is based on AFA.