Notice2023-04569
Common Alloy Aluminum Sheet From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2021
Primary source
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Published
March 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and exporters of common alloy aluminum sheet (CAAS) from the People's Republic of China (China) during the period of review (POR), January 1, 2021, through December 31, 2021. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 44 (Tuesday, March 7, 2023)</title>
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[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14127-14129]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04569]
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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; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to producers
and exporters of common alloy aluminum sheet (CAAS) from the People's
Republic of China (China) during the period of review (POR), January 1,
2021, through December 31, 2021. We invite interested parties to
comment on these preliminary results.
DATES: Applicable March 7, 2023.
FOR FURTHER INFORMATION CONTACT: James R. Hepburn or Scarlet K. Jaldin,
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) 482-1882 or (202)
482-4275, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 12, 2022, Commerce published in the Federal Register a
notice of initiation of an administrative review of the countervailing
duty order on CAAS from China with respect to three companies.\1\ On
September 30, 2022, Commerce extended the deadline for completion of
these preliminary results until no later than February 28, 2023.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 21619, 21635 (April 12, 2022); see
also Common Alloy Aluminum Sheet from the People's Republic of
China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019)
(Order).
\2\ See Memorandum, ``Extension of the Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2021,'' dated
September 30, 2022.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
A list of topics discussed in the Preliminary Decision Memorandum is
included as the 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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\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review: Common
Alloy Aluminum Sheet from the People's Republic of China; 2021,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The product covered by the Order is CAAS from China. For a complete
description of the scope of this Order, see the Preliminary Decision
Memorandum.
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 preliminarily found to be
countervailable, we preliminarily determine that there is a subsidy,
i.e., a financial contribution from an authority that gives rise to a
benefit to the recipient and that the subsidy is specific.\4\ For a
full description of the methodology underlying our preliminary results,
including our reliance, in part, on facts available with adverse
inferences pursuant to sections 776(a) and (b) of the Act, see the
Preliminary Decision Memorandum.
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\4\ 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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In making these findings, Commerce relied, in part, on facts
available and, because the Government of China (GOC) did not respond to
the Initial Questionnaire,\5\ Commerce finds that the GOC did not
provide necessary information, as requested. On that basis, Commerce
determines that the GOC did not act to the best of its ability to
respond to Commerce's request for information and, therefore, in
reaching these preliminary results of review, we drew an adverse
inference where appropriate in selecting from among the facts otherwise
available. For further information, see the ``Use of Facts Otherwise
Available and Application of Adverse Inferences'' section in the
Preliminary Decision Memorandum.
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\5\ See Commerce's Letter, ``Countervailing Duty
Questionnaire,'' dated July 13, 2022 (Initial Questionnaire).
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Preliminary Results of Review
In accordance with 19 CFR 351.221(b)(4)(i), Commerce calculated a
countervailable subsidy rate for the mandatory respondents that are
identified below. 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 a
rate for such companies in this review.
[[Page 14128]]
Commerce preliminarily determines the net countervailable subsidy
rates for the period January 1, 2021, through December 31, 2021, are as
follows:
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\6\ We initiated this review on Jiangsu Alcha Aluminium Co.,
Ltd. However, it was reported that ``Jiangsu Alcha Aluminium Co.,
Ltd.,'' also known as ``Jiangsu Alcha Aluminum Co., Ltd.,'' legally
changed its name to ``Jiangsu Alcha Aluminium Group Co., Ltd.'' on
May 21, 2019. It was also reported that both ``Jiangsu Alcha
Aluminium Group Co., Ltd.'' and ``Jiangsu Alcha Aluminum Group Co.,
Ltd.'' refer to the same entity. Accordingly, we intend to treat
``Jiangsu Alcha Aluminium Group Co., Ltd.'' and ``Jiangsu Alcha
Aluminum Group Co., Ltd.'' (formally known as ``Jiangsu Alcha
Aluminium Co., Ltd.'' or ``Jiangsu Alcha Aluminum Co., Ltd.'') as
one entity (Jiangsu Alcha). For further discussion, see the
Preliminary Decision Memorandum at section ``II. Background.''
\7\ It was reported that although the legal name for one of
Jiangsu Alcha's subsidiaries is ``Baotou Alcha Aluminium Co.,
Ltd.,'' other names (i.e., ``Baotou Alcha Aluminum Co., Ltd.,''
``Baotou Alcha North Aluminum Co., Ltd.,'' and ``Baotou Changlv
Northern Aluminium Industry Co., Ltd.'') also refer to the same
entity due to different English translations of its Chinese-language
name. Accordingly, we intend to treat ``Baotou Alcha Aluminium Co.,
Ltd.,'' ``Baotou Alcha Aluminum Co., Ltd.,'' ``Baotou Alcha North
Aluminum Co., Ltd.,'' and ``Baotou Changlv Northern Aluminium
Industry Co., Ltd.'' as one entity (Baotou Alcha). For further
discussion, see the Preliminary Decision Memorandum at section ``II.
Background.''
\8\ We preliminarily find that Baotou and Jiangsu Alcha New
Energy Materials Co., Ltd. are crossed-owned with Jiangsu Alcha. In
addition, Alcha International is wholly owned by Jiangsu Alcha. For
further discussion, See Preliminary Decision Memorandum at section
``B. Attribution of Subsidies'' under ``V. Subsidies Valuation.''
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Subsidy rate
Company (percent ad
valorem)
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Alcha International Holdings Limited; Jiangsu Alcha 10.88
Aluminium Group Co., Ltd., and Jiangsu Alcha Aluminum
Group Co., Ltd. (both formally known as Jiangsu Alcha
Aluminium Co., Ltd. or Jiangsu Alcha Aluminum Co.,
Ltd.),\6\ Baotou Alcha Aluminium Co., Ltd., Baotou
Alcha Aluminum Co., Ltd., Baotou Alcha North Aluminum
Co., Ltd., and Baotou Changlv Northern Aluminium
Industry Co., Ltd.; \7\ and Jiangsu Alcha New Energy
Materials Co., Ltd.\8\.................................
Yinbang Clad Material Co., Ltd.......................... 11.97
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Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts for the producers/exporters shown
above. Upon completion of the administrative review, consistent with
section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. With regard to Jiangsu
Alcha, we intend to instruct CBP to assess countervailing duties on all
appropriate entries covered by this review under both its old and new
names (i.e., ``Jiangsu Alcha Aluminium Group Co., Ltd.,'' ``Jiangsu
Alcha Aluminum Group Co., Ltd.,'' ``Jiangsu Alcha Aluminium Co.,
Ltd.,'' and ``Jiangsu Alcha Aluminum Co., Ltd.'' Concerning Baotou
Alcha, we intend to instruct CBP to assess countervailing duties on all
appropriate entries covered by this review for all of its names
identified in this notice. Commerce intends 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 Rates
Pursuant to section 751(a)(1) of the Act, Commerce intends, upon
publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts indicated
for the producers/exporters 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. With
regard to Jiangsu Alcha, we intend to instruct CBP to collect cash
deposits of estimated countervailing duties under its new names (i.e.,
``Jiangsu Alcha Aluminium Group Co., Ltd.,'' ``Jiangsu Alcha Aluminum
Group Co., Ltd.''). Concerning Baotou Alcha, we intend to instruct CBP
to collect cash deposits of estimated countervailing duties under all
of its names identified in this notice. If the rate calculated in the
final results is zero or de minimis, no cash deposit will be required
on shipments of the subject merchandise entered or withdrawn from
warehouse, for consumption on or after the date of publication of final
results of this review. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
Disclosure and Public Comment
Commerce will disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice.\9\ Interested parties may submit case
briefs no later than 30 days of publication of the preliminary results
of review.\10\ Rebuttals to case briefs may be filed no later than
seven days after the case briefs.\11\ An electronically-filed document
must be received successfully in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established deadline. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\12\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 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.\13\
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\9\ See 19 CFR 35 l.224(b).
\10\ See 19 CFR 35 l.309(c).
\11\ See 19 CFR 35 l.309(d).
\12\ See also Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
17006 (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).
\13\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance within 30 days of the publication date of
this notice.\14\ Requests should contain: (1) the party's name,
address, and telephone number; (2) the number of participants and
whether an participant is a foreign national; and (3) a list of the
issues to be discussed. If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
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\14\ See 19 CFR 351.310(c).
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Unless the deadline is extended, we intend to issue the final
results of this administrative review, which will include our analysis
of the issues raised in the case briefs, within 120 days after the date
of publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR 351.221(b)(4).
[[Page 14129]]
Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy 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. Interest Rate Benchmarks, Discount Rates, and Benchmarks for
Measuring Adequacy of Remuneration
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023-04569 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 7, 2023.
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