Notice2023-09569
Common Alloy Aluminum Sheet From India: Preliminary Results of Antidumping Duty Administrative Review; 2020-2022
Primary source
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Published
May 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on common alloy aluminum sheet (aluminum sheet) from India. Commerce preliminarily finds that sales of aluminum sheet from India were not sold in the United States at less than normal value (NV) during the POR. We invite interested parties to comment on these preliminary results. The period of review (POR) is October 15, 2020, through March 31, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 87 (Friday, May 5, 2023)</title>
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[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29082-29084]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09569]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-895]
Common Alloy Aluminum Sheet From India: Preliminary Results of
Antidumping Duty Administrative Review; 2020-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on common
alloy aluminum sheet (aluminum sheet) from India. Commerce
preliminarily finds that sales of aluminum sheet from India were not
sold in the United States at less than normal value (NV) during the
POR. We invite interested parties to comment on these preliminary
results. The period of review (POR) is October 15, 2020, through March
31, 2022.
DATES: Applicable May 5, 2023.
FOR FURTHER INFORMATION CONTACT: Rachel Jennings, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6274.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2021, Commerce published the AD order on aluminum
sheet from India.\1\ On June 9, 2022, Commerce initiated an
administrative review of the Order, in accordance with section 751(a)
of the Tariff Act of 1930, as amended (the Act).\2\ This administrative
review covers two producers/exporters of the subject merchandise,
Hindalco Industries Limited (Hindalco) and Virgo Aluminum Limited
(Virgo).
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\1\ See Common Alloy Aluminum Sheet from Bahrain, Brazil,
Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania,
Serbia, Slovenia, South Africa, Spain, Taiwan and the Republic of
Turkey: Antidumping Duty Orders, 86 FR 22139 (April 27, 2021)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165 (June 9, 2022).
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On December 5, 2022, Commerce extended the deadline for the
preliminary results until April 28, 2023.\3\ For a complete description
of the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\4\
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\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review, 2020-2022,''
dated December 5, 2022.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Common Alloy Aluminum Sheet from India; 2020-2022,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The products covered by this Order are common alloy aluminum sheet
from India. For a full description of the scope, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Export price is calculated in accordance with
section 772 of the Act. NV is calculated in accordance with section 773
of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics included in the Preliminary Decision Memorandum is included as
an appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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
Preliminary Decision Memorandum is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Rates for Non-Examined Company
Neither the Act nor Commerce's regulations address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies that were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted-average of
the estimated weighted average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
Where the dumping margin for individually examined respondents are
all zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method to establish the estimated all-others rate for exporters and
producers not individually investigated, including averaging the
estimated weighted average dumping margins determined for the exporters
and producers individually investigated.''
In this review, we calculated a weighted-average dumping margin for
Hindalco that is zero and we did not calculate any margins which are
not zero, de minimis, determined entirely on the basis of facts
available. Therefore, consistent with section 735(c)(5)(B) of the Act,
we are applying to Virgo, the company not selected for individual
examination in this review, a margin of zero percent.
[[Page 29083]]
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period October 15, 2020, through March
31, 2022:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
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Hindalco Industries Limited................................. 0.00
Virgo Aluminum Limited...................................... 0.00
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Assessment Rates
Upon completion of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), if
Hindalco's weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.5 percent) in the final results of this review, we
will calculate importer-specific assessment rates based on the ratio of
the total amount of dumping calculated for the importer's examined
sales to the total entered value of those same sales. If Hindalco's
weighted-average dumping margin is zero or de minimis, or if an
importer-specific assessment rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties. For Virgo, the company not selected for individual
review, we will assign an assessment rate based on the rate for
Hindalco, calculated as noted in the ``Preliminary Results of Review''
section above. The final results of this review shall be the basis for
the assessment of antidumping duties on entries of merchandise covered
by this review and for future deposits of estimated duties, where
applicable.\5\
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\5\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Hindalco
for which it did not know that the merchandise was destined for the
United States, we will instruct CBP to liquidate those entries at the
all-others rate established in the original less-than-fair value (LTFV)
investigation (i.e., 44.64 percent) \6\ if there is no rate for the
intermediate company(ies) involved in the transaction.\7\
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\6\ See Order.
\7\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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 expire (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for Hindalco and
Virgo in the final results of review will be equal to the weighted-
average dumping margin established in the final results of this
administrative review except if the rate is less than 0.50 percent and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for merchandise
exported by a company not covered in this review but covered in a prior
segment of the proceeding, the cash deposit rate will continue to be
the company-specific rate published for the most recently-completed
segment in which they were reviewed; (3) if the exporter is not a firm
covered in this review or the original LTFV investigation, but the
producer is, then the cash deposit rate will be the rate established
for the most recently-completed segment of this proceeding for the
producer of the merchandise; (4) the cash deposit rate for all other
producers or exporters will continue to be 44.64 percent,\8\ the all-
others rate established in the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\8\ See Order.
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results or, if
there is no public announcement, within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b). A
timeline for the submission of case and rebuttal briefs and written
comments will be provided to interested parties at a later date.
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed not later than seven days after the date for filing case
briefs.\9\ Parties who submit case briefs or rebuttal briefs in this
proceeding 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.\10\ Case and rebuttal briefs should be filed using ACCESS
\11\ and must be served on interested parties.\12\ Executive summaries
should be limited to five pages total, including footnotes. 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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\9\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See generally 19 CFR 351.303.
\12\ See 19 CFR 351.303(f).
\13\ See Temporary Rule.
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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, filed electronically via
ACCESS.\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
raised in the hearing will be limited to those raised in the respective
case and rebuttal briefs.\15\ 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 the date and time of the hearing two
days before the scheduled date. 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.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not 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)(1).
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR.
[[Page 29084]]
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping duties occurred and the
subsequent assessment of doubled antidumping duties.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: April 28, 2023.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-09569 Filed 5-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 5, 2023.
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