Notice2021-27893
Common Alloy Aluminum Sheet From the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2018-2019
Primary source
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Published
December 23, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of common alloy aluminum sheet (aluminum sheet), from the People's Republic of China (China) during the period of review (POR) April 23, 2018, through December 31, 2019.
Full Text
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<title>Federal Register, Volume 86 Issue 244 (Thursday, December 23, 2021)</title>
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[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Pages 72927-72929]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27893]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-074]
Common Alloy Aluminum Sheet From the People's Republic of China:
Final Results and Partial Rescission of Countervailing Duty
Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of common alloy aluminum sheet (aluminum sheet), from the People's
Republic of China (China) during the period of review (POR) April 23,
2018, through December 31, 2019.
DATES: Applicable December 23, 2021.
FOR FURTHER INFORMATION CONTACT: Moses Song or Natasia Harrison, 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) 482-7885 or (202) 482-1240,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review in the Federal Register on June 25, 2021, and invited interested
parties to comment.\1\ On July 26, 2021, we received timely case briefs
from the following interested parties: Jiangsu Foil Aluminum Co. Ltd.
(Jiangsu Alcha) \2\ and the Aluminum Association Common Alloy Aluminum
Sheet Trade Enforcement Working Group (the domestic industry). On
August 2, 2021, we received timely rebuttal briefs from Jiangsu Alcha
and the domestic industry.
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\1\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Preliminary Results of Countervailing Duty Administrative
Review, Rescission of Review, in Part, and Intent to Rescind, in
Part; 2018-2019, 86 FR 33650 (June 25, 2021) (Preliminary Results),
and accompanying Preliminary Decision Memorandum (PDM).
\2\ Jiangsu Alcha and its cross owned companies include Alcha
International Holdings Limited; Baotou Alcha Aluminum Co., Ltd.; and
Jiangsu Alcha New Energy Materials Co., Ltd.
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On October 14, 2021, Commerce extended the deadline for issuing the
final results of this review by 55 days, until December 17, 2021.\3\
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\3\ See Memorandum, ``Common Alloy Aluminum Sheet from the
People's Republic of China: Extension of Deadline for Final Results
of Countervailing Duty Administrative Review; 04/23/2018-12/31/
2019,'' dated October 14, 2021.
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Scope of the Order
The product covered by the order is aluminum sheet from China. A
full description of the scope of the order is contained in the Issues
and Decision Memorandum.\4\
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Common Alloy Aluminum Sheet from the People's Republic of China;
2018-2019,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum accompanying this notice. A list of
the issues raised by interested parties and to which Commerce responded
in the Issues and Decision Memorandum is provided in the 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 Service
System (ACCESS). ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on comments in case and rebuttal briefs and record evidence,
Commerce made certain changes from the Preliminary Results with regard
to the calculation of Jiangsu Alcha's program rates for the Government
Provision of Electricity for Less than Adequate Remuneration (LTAR)
program, Government Provision of Land for LTAR program, and Policy
Loans to the Aluminum Sheet Industry. As a result of these changes to
Jiangsu Alcha's program rates, the final total adverse facts available
(AFA) rates for the Henan Mingtai Industrial Co., Ltd./Zhengzhou
Mingtai Industry Co. (collectively, Mingtai) and Yong Jie New Material
Co., Ltd. (Yong Jie New Material) (i.e., the non-cooperative mandatory
respondents) also changed. These changes are explained in the Issues
and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each subsidy program found to be countervailable, Commerce finds
that there is a subsidy, i.e., a financial contribution from a
government or public entity that gives rise to a benefit to the
recipient, and that the subsidy is specific.\5\ For a full description
of the methodology underlying all of Commerce's conclusions, including
any determination that relied upon the use of AFA pursuant to section
776(a) and (b) of the Act, see the Issues and Decision Memorandum.
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\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Rescission of Administrative Review, in Part
It is Commerce's practice to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there
are no reviewable entries of subject merchandise during the POR for
which liquidation is suspended.\6\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\7\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct U.S. Customs and Border Protection (CBP) to liquidate at
the calculated countervailing duty
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assessment rate calculated for the review period.\8\
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\6\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); and
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\7\ See 19 CFR 351.212(b)(2).
\8\ See 19 CFR 351.213(d)(3).
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As noted in the Preliminary Results, Commerce timely received no-
shipment certifications from Teknik Aluminyum Sanayi A.S. and Companhia
Brasileira De Aluminio. We inquired with U.S. Customs and Border
Protection (CBP) as to whether these companies had shipped merchandise
to the United States during the POR, and CBP provided no evidence to
contradict the claims of no shipments made by these companies.\9\
Accordingly, in the Preliminary Results, Commerce stated its intention
to rescind the review with respect to these companies in the final
results. We continue to find these two companies had no shipments of
the subject merchandise during the POR \10\ and that three additional
companies subject to this review did not have reviewable entries of
subject merchandise during the POR for which liquidation is
suspended.\11\ Because there is no evidence on the record of this
segment of the proceeding to indicate that these five companies had
entries, exports, or sales of subject merchandise to the United States
during the POR, we are rescinding this review with respect to these
companies, consistent with 19 CFR 351.213(d)(3).
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\9\ See Memorandum, ``Common Alloy Aluminum Sheet from the
People's Republic of China; No Shipment Inquiry for Teknik Aluminyum
Sanayi A.S. and Companhia Brasileira de Aluminio during the period
04/23/2018 through 12/31/2019,'' dated June 11, 2021.
\10\ See Memorandum, ``Common Alloy Aluminum Sheet from the
People's Republic of China; No Shipment Inquiry for Teknik Aluminyum
Sanayi A.S. and Companhia Brasileira de Aluminio during the period
04/23/2018 through 12/31/2019,'' dated June 11, 2021. These two
companies are Teknik Aluminyum Sanayi A.S. and Companhia Brasileira
De Aluminio.
\11\ These three additional companies are: Choil Aluminum Co.,
Ltd.; PMS Metal Profil Aluminyum San. Ve Tic. A.S. Demirtas Organize
Sanayi Bolgesi; and United Metal Coating LLC.
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Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 705(c)(5) of the Act, which provides instructions for
determining the all-others rate in an investigation, for guidance when
calculating the rate for companies which were not selected for
individual examination in an administrative review. Under section
705(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the countervailable subsidy rates
established for exporters and producers individually investigated,
excluding any zero or de minimis countervailable subsidy rates, and any
rates determined entirely {on the basis of facts available{time} .''
There is one company for which a review was requested, that had
reviewable entries, and that was not selected for individual
examination as a mandatory respondent or found to be cross-owned with a
mandatory respondent. In these final results, the only rate that is not
zero, de minimis, or based entirely on facts otherwise available is the
rate calculated for Jiangsu Alcha. Consequently, as discussed above,
the rate calculated for Jiangsu Alcha is also assigned as the rate for
the producer/exporter subject to this review but not selected for
individual examination (i.e., the non-selected company).\12\
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\12\ The domestic industry initially requested a review and did
not subsequently withdraw its request for review of one company:
Yinbang Clad Material Co., Ltd.
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Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), Commerce calculated the
following net countervailable subsidy rates for the period April 23,
2018, through December 31, 2019:
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Subsidy rate-- Subsidy rate--
2018 (percent 2019 (percent
Company ad valorem) ad valorem)
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Henan Mingtai Industrial Co., Ltd./ 277.35 277.35
Zhengzhou Mingtai Industry Co.\13\.....
Jiangsu Alcha Aluminum Co., Ltd.\14\.... 37.70 32.22
Yinbang Clad Material Co., Ltd.\15\..... 37.70 32.22
Yong Jie New Material Co., Ltd.\16\..... 277.35 277.35
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Disclosure
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\13\ This rate applies to Henan Mingtai Industrial Co., Ltd./
Zhengzhou Mingtai Industry Co., and their cross-owned company: Henan
Gongdian Thermal Co., Ltd. In the CVD investigation of aluminum
sheet from China, we made this cross-ownership finding. See Common
Alloy Aluminum Sheet from the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination, Alignment
of Final CVD Determination With Final Antidumping Duty
Determination, and Preliminary CVD Determination of Critical
Circumstances, 83 FR 17651 (April 23, 2018), and accompanying
Preliminary Decision Memorandum, unchanged in Countervailing Duty
Investigation of Common Alloy Aluminum Sheet from the People's
Republic of China: Final Affirmative Determination, 83 FR 57427
(November 15, 2018), and accompanying Issues and Decision Memorandum
(collectively, Aluminum Sheet from China Investigation).
Accordingly, the subject merchandise that was produced/exported by
these companies entered under a single CBP case number during the
period of review.
\14\ This rate applies to Jiangsu Alcha and its cross-owned
companies.
\15\ Yinbang Clad Material Co., Ltd. was not individually
examined during the POR and, therefore, has received the non-
selected company rate.
\16\ This rate applies to Yong Jie New Material Co., Ltd. and
its cross-owned companies: Nanjie Resources Co., Ltd.; Shejiang
Nanjie Industry Co., Ltd, Zhejiang Yongjie Aluminum Co., Ltd. also
known as Zhejiang Yong Jie Aluminum Co., Ltd., and Zhejiang Yongjie
Holding Co., Ltd. In the Aluminum Sheet from China Investigation, we
made this cross-ownership finding. Accordingly, the subject
merchandise that was produced/exported by these companies entered
under a single CBP case number during the POR.
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Commerce will disclose to the parties in this proceeding the
calculations performed for these final results within five days of the
date of publication of this notice in the Federal Register.\17\
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\17\ See 19 CFR 351.224(b).
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce will determine, CBP shall assess,
countervailing duties on all appropriate entries of subject merchandise
covered by this review. We intend to issue assessment instructions to
CBP 35 days after the date of publication of these final results of
review. 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).
For the companies for which this review is rescinded, Commerce will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the
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time of entry, or withdrawal from warehouse, for consumption, during
the POR in accordance with 19 CFR 351.212(c)(l)(i).
Cash Deposit Instructions
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respective companies listed
above on shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review. For all non-reviewed firms
subject to the order, we will instruct CBP to continue to collect cash
deposits of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company, as appropriate.
These cash deposit requirements, effective upon publication of these
final results, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
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 sanctionable
violation.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 17, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-Exclusive Functions and Duties of the Assistant Secretary
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Changes Since the Preliminary Results
V. Scope of the Order
VI. Rescission of the Administrative Review, In Part
VII. Non-Selected Companies Under Review
VIII. Subsidies Valuation Information
IX. Interest Rates, Discount Rates, and Benchmarks
X. Use of Facts Otherwise Available and Application of Adverse
Inferences
XI. Analysis of Programs
XII. Analysis of Comments
Comment 1: Should Apply Adverse Facts Available to the Export
Buyer's Credit Program
Comment 2: Whether Jiangsu Foil Aluminum Co. Ltd. is Cross-Owned
with Changshu Aluminum Foil Factory Co., Ltd.
Comment 3: Whether Commerce Should Determine the Benefit from
the Provision of Electricity for Less Than Adequate Remuneration by
Reference to Benchmark Rates Placed on the Record
Comment 4: Whether Commerce Should Adjust Its Benefit
Calculation for the Government Provision of Land for Less Than
Adequate Remuneration
Comment 5: Whether Commerce Should Apply Partial Adverse Facts
Available to Revise Its Preliminary Calculations for Policy Loans to
the Aluminum Sheet Industry
Comment 6: Whether Commerce Should Include Purchases of a
Certain Aluminum Input in the Benefit Calculation for the Government
Provision of Primary Aluminum for Less Than Adequate Remuneration
Comment 7: Whether Commerce Used the Correct Benchmark to Value
Purchases of Primary Aluminum
XIII. Recommendation
[FR Doc. 2021-27893 Filed 12-22-21; 8:45 am]
BILLING CODE 3510-DS-P
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