Notice2023-16463
Common Alloy Aluminum Sheet From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2021
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
August 2, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) 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.
Full Text
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<title>Federal Register, Volume 88 Issue 147 (Wednesday, August 2, 2023)</title>
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[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Pages 50843-50845]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16463]
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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 of Countervailing Duty Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
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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.
DATES: Applicable August 2, 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
Commerce published the Preliminary Results of this administrative
review in the Federal Register on March 7, 2023, and invited interested
parties to comment.\1\ On April 17, 2023, we received a case brief \2\
from the domestic industry.\3\ On April 24, 2023, we received a joint
rebuttal brief from Alcha \4\ and Yinbang Clad Materials Co., Ltd.
(Yinbang).\5\ For a detailed description of the events that occurred
subsequent to the Preliminary Results, see the Issues and Decision
Memorandum.\6\ On June 21, 2023,\7\ in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce
extended the deadline for issuing the final results until July 28,
2023.
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\1\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Preliminary Results of Countervailing Duty Administrative
Review; 2021, 88 FR 14127 (March 7, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Domestic Industry's Letter, ``Case Brief,'' dated April
17, 2023.
\3\ The domestic industry is represented by the Aluminum
Association Common Alloy Aluminum Sheet Trade Enforcement Working
Group and its individual members are: Arconic Corporation;
Commonwealth Rolled Products, Inc.; Constellium Rolled Products
Ravenswood, LLC; Jupiter Aluminum Corporation; JW Aluminum Company;
and Novelis Corporation.
\4\ The ``Alcha'' companies include the following: Alcha
International Holdings Limited (Alcha International); Jiangsu Alcha
Aluminium Group Co., Ltd. (Jiangsu Alcha); Baotou Alcha Aluminium
Co., Ltd. (Baotou Alcha); and Jiangsu Alcha New Energy Materials
Co., Ltd. (Alcha Materials). We refer to Alcha International,
Jiangsu Alcha, Baotou Alcha, and Jiangsu Alcha Materials, hereafter,
collectively, ``Alcha.''
\5\ See Alcha's and Yinbang's Letter, ``Rebuttal Brief,'' dated
April 24, 2023.
\6\ 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;
2021,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
\7\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated June 21, 2023.
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Scope of the Order
The product covered by the order is CAAS from China.\8\ For a
complete description of the scope of this Order, see the Issues and
Decision Memorandum.
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\8\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019)
(Order).
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Analysis of Comments Received
All issues raised by interested parties are addressed in the Issues
and Decision Memorandum. A list of the issues addressed 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 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 our analysis of comments from interested parties and the
evidence on the record, we revised the calculation of the net
countervailable subsidy rates for Alcha and Yinbang. For a discussion
of the issues and changes, see Issues and Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Act. For each of the subsidy programs
found countervailable, we find 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.\9\ The Issues and
Decision Memorandum contains a full description of the methodology
underlying Commerce's conclusions, including any determination that
relied upon the use of adverse facts available pursuant to sections
776(a) and (b) of the Act.
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\9\ 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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Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), 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.
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\10\ 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.'' (formerly 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.''
\11\ 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.''
\12\ We find that Baotou Alcha and Alcha Materials are crossed-
owned with Jiangsu Alcha. In addition, Alcha International is wholly
owned by Jiangsu Alcha. For further discussion, see Preliminary
Decision Memorandum.
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Commerce determines the net countervailable subsidy rates for the
period January 1, 2021, through December 31, 2021, are as follows:
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Subsidy
rate
Company (percent ad
valorem)
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Alcha International Holdings Limited; Jiangsu Alcha 11.25
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.);
\10\ Baotou Alcha Aluminium Co., Ltd., Baotou Alcha
Aluminum Co., Ltd., Baotou Alcha North Aluminum Co., Ltd.,
and Baotou Changlv Northern Aluminium Industry Co., Ltd.;
\11\ and Jiangsu Alcha New Energy Materials Co., Ltd \12\.
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Yinbang Clad Material Co., Ltd............................. 12.21
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.221(b)(2), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review, for the companies listed above at the applicable ad
valorem assessment rates listed. We intend to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of these 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 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. 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
as identified in this notice. These cash deposit requirements,
effective upon publication of the final results of review, shall remain
in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an APO
of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. 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 violation which
is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(l) and 777(i)(l)
of the Act, and 19 CFR 351.221(b)(5).
Dated: July 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of China's Economy
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Changes Since the Preliminary Results
IX. Discussion of the Issues
Comment 1: Whether Commerce Should Find That Falcon Technology
Co., Ltd. Met the Criteria for Attribution of Subsidies with Yinbang
and Apply an AFA Subsidy Rate for Each Initiated Program to Falcon
Comment 2: Whether Commerce Should Find Alcha and Yinbang Used
the Export Buyer's Credit Program as Adverse Facts Available
Comment 3: Whether Commerce Should Subtract Certain Adjustment
Amounts From Yinbang's POR Sales Value
Comment 4: Whether Commerce Should Revise its Calculation of the
Benchmark for Primary Aluminum for Less Than Adequate Remuneration
Comment 5: Whether Commerce Should Apply Partial AFA to Jiangsu
Alcha and Include Financing From Non-Reporting Affiliates as Policy
Loans to the Common Alloy Sheet Industry (Policy Loans to the CAAS
Industry) Program
Comment 6: Whether Commerce Should Make Certain Adjustments to
the Calculation of Benefit From Certain Financial Leases of Yinbang
Under Policy Loans to the CAAS Industry
Comment 7: Whether Commerce Should Make Certain Revisions to Its
Calculation of Baotou Alcha's Benefits From Policy Loans to the CAAS
Industry
Comment 8: Whether Commerce Should Make Certain Revisions to Its
Calculation for Provision of Electricity for LTAR
X. Recommendation
[FR Doc. 2023-16463 Filed 8-1-23; 8:45 am]
BILLING CODE 3510-DS-P
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