Notice2022-04608
Common Alloy Aluminum Sheet From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 4, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily 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). The period of review (POR) is January 1, 2020, through December 31, 2020. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 43 (Friday, March 4, 2022)</title>
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[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12429-12431]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04608]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-074]
Common Alloy Aluminum Sheet From the People's Republic of China:
Preliminary Results of Countervailing Duty Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily 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). The period of review (POR) is
January 1, 2020, through December 31, 2020. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable March 4, 2022.
FOR FURTHER INFORMATION CONTACT: Natasia Harrison or Harrison Tanchuck,
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) 482-1240 or (202)
482-7421, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2021, Commerce published in the Federal Register a
notice of initiation of an administrative review of the countervailing
duty (CVD)
[[Page 12430]]
order \1\ on aluminum sheet from China.\2\ On October 20, 2021,
Commerce extended the deadline for the preliminary results of this
review by 117 days to February 25, 2022.\3\
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\1\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 17124 (April 1, 2021) (Initiation
Notice).
\3\ See Memorandum, ``Common Alloy Aluminum Sheet from the
People's Republic of China: Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2020,'' dated
October 20, 2021.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included as an Appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic 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 Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx/">https://access.trade.gov/public/FRNoticesListLayout.aspx/</a>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Common
Alloy Aluminum Sheet from the People's Republic of China; 2020,''
dated concurrently, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is aluminum sheet from China.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.\5\
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\5\ Id. at section ``Scope of the Order.
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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). For each of the subsidy programs found countervailable, we
preliminarily find that there is a subsidy, i.e., a financial
contribution by an ``authority'' that confers a benefit to the
recipient, and that the subsidy is specific.\6\ For a full description
of the methodology underlying our preliminary conclusions, including
our reliance, in part, on adverse facts available (AFA) pursuant to
sections 776(a) and (b) of the Act, see the Preliminary Decision
Memorandum.
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\6\ 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(5)(A) of the Act regarding specificity.
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Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that the Government of China
(GOC) did not respond to the Initial CVD Questionnaire,\7\ it
therefore, did not provide necessary information, as requested. Based
on that, Commerce has determined that the GOC did not act to the best
of its ability to respond to Commerce's request for information, and
therefore drew an adverse inference where appropriate in selecting from
among the facts otherwise available. For further information, see ``Use
of Facts Otherwise Available and Adverse Inferences'' in the
Preliminary Decision Memorandum.
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\7\ See Commerce's Letter, ``Administrative Review of the
Countervailing Duty Order on Common Alloy Aluminum Sheet from the
People's Republic of China: Countervailing Duty Questionnaire,''
dated May 20, 2021 (Initial CVD Questionnaire).
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Preliminary Results of Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated a
countervailable subsidy rate for mandatory respondents Jiangsu Alcha
Aluminum Co., Ltd. and Alcha International Holdings Limited. We
determined the countervailable subsidy rate for Yinbang Clad Material
Co., Ltd. based entirely on AFA, in accordance with section 776 of the
Act. Because there are no other producers or exporters subject to this
review and not selected for individual examination (i.e., non-selected
companies), Commerce does not need to establish the rate for non-
selected companies in this review.
Commerce preliminarily determines that, during the POR, the
following countervailable subsidy rates exist:
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Subsidy
rate ad
Company valorem
(percent)
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Jiangsu Alcha Aluminum Co., Ltd.\8\/Alcha International 17.33
Holdings Limited \9\.......................................
Yinbang Clad Material Co., Ltd.............................. * 252.22
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* Rate based on AFA.
Disclosure and Public Comment
Commerce will disclose to parties to this review the calculations
performed for these preliminary results within five days of the date of
publication of this notice.\10\ Interested parties may submit case
briefs no later than 30 days after the date of publication of these
preliminary results of review.\11\ Rebuttals to case briefs may be
filed no later than seven days after the case briefs are filed, and all
rebuttal comments must be limited to comments raised in the case
briefs.\12\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\13\
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\8\ This rate applies to Jiangsu Alcha Aluminum Co., Ltd. and
its cross-owned companies: Baotou Alcha Aluminum Co., Ltd. and
Jiangsu Alcha New Energy Materials Co., Ltd.
\9\ We are cumulating the benefits from subsidies received by
Alcha International Holdings Limited, which exported subject
merchandise produced by Jiangsu Alcha Aluminum Co., Ltd., to the
United States during the POR, with the benefits from subsidies
received by Jiangsu Alcha Aluminum Co., Ltd., during the POR. For
further discussion, see the Preliminary Decision Memorandum at
``Attribution of Subsides.''
\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c).
\12\ See 19 CFR 351.309(d).
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit
case briefs or rebuttal briefs in this review are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must do so within 30 days of publication of these
preliminary results by submitting a written request to the Assistant
Secretary for Enforcement and Compliance using Enforcement and
Compliance's ACCESS system.\14\ Requests should contain the party's
name, address, and telephone number, the number of participants,
whether any participant is a foreign national, and a list of the issues
to be discussed. Issues addressed at the hearing will be limited to
those raised in the briefs. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined.\15\ Parties should confirm by telephone the date and time
of the hearing two days before the scheduled date.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS and received successfully in their
entirety by 5:00 p.m. Eastern Time on the due date.
Assessment Rate
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, countervailing duties
[[Page 12431]]
on all appropriate entries covered by this review. If the assessment
rate calculated in the final results is zero or de minimis, we will
instruct CBP to liquidate all appropriate entries without regard to
countervailing duties. We intend 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 Rate
Pursuant to section 751(a)(1) of the Act, upon issuance of the
final results, Commerce intends to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts indicated
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 review, except where the rate calculated in the final results is
zero or de minimis, no cash deposit will be required. These cash
deposit instructions, when imposed, shall remain in effect until
further notice.
Final Results of Review
Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, no later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h), unless this deadline is extended.
Notification to Interested Parties
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213
and 19 CFR 351.221(b)(4).
Dated: February 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of China's Economy
V. Subsidies Valuation
VI. Loan Interest Rate Benchmarks, Discount Rates, and Benchmarks to
Determine the Adequacy of Remuneration
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2022-04608 Filed 3-3-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 4, 2022.
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