Notice2023-24489
Common Alloy Aluminum Sheet From India: Final Results of Countervailing Duty Administrative Review; 2020-2021
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
November 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Hindalco Industries Limited (Hindalco), a producer/exporter of common alloy aluminum sheet (aluminum sheet) from India received countervailable subsidies during the period of review (POR), August 14, 2020, through December 31, 2021.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 213 (Monday, November 6, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76168-76169]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24489]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-896]
Common Alloy Aluminum Sheet From India: Final Results of
Countervailing Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Hindalco Industries Limited (Hindalco), a producer/exporter of common
alloy aluminum sheet (aluminum sheet) from India received
countervailable subsidies during the period of review (POR), August 14,
2020, through December 31, 2021.
DATES: Applicable November 6, 2023.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-7425.
SUPPLEMENTARY INFORMATION:
Background
On May 4, 2023, Commerce published the Preliminary Results of this
administrative review in the Federal Register and invited interested
parties to comment.\1\ On August 1, 2023, Commerce extended the
deadline for issuing the final results until October 31, 2023.\2\ For a
complete description of the events that occurred since the publication
of the Preliminary Results, see the Issues and Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from India: Preliminary
Results of Countervailing Duty Administrative Review and Partial
Rescission; 2020-21, 88 FR 28487 (May 4, 2023) (Preliminary
Results), and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results,''
dated August 1, 2023.
\3\ See Memorandum, ``Common Alloy Aluminum Sheet from India:
Issues and Decision Memorandum for the Final Results of the
Countervailing Duty Administrative Review; 2020-2021,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>4</SUP>
---------------------------------------------------------------------------
\4\ See Common Alloy Aluminum Sheet from Bahrain, India, and the
Republic of Turkey: Countervailing Duty Orders, 86 FR 22144 (April
27, 2021) (Order).
---------------------------------------------------------------------------
The product covered by the Order is aluminum sheet.\5\
---------------------------------------------------------------------------
\5\ For a complete description of the scope of the Order, see
Preliminary Results PDM.
---------------------------------------------------------------------------
[[Page 76169]]
Analysis of Comments Received
All issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum. A
list of topics discussed 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 received from interested parties, we revised our
analysis for certain programs in this review.\6\ However, we made no
changes to the calculations of the net countervailable subsidy rates
for Hindalco.
---------------------------------------------------------------------------
\6\ For a full description of these revisions, see 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 of the subsidy programs found countervailable, we find that
there is a subsidy, i.e., a government-provided financial contribution
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\7\ For a full description of the methodology underlying all
of Commerce's conclusions, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\7\ 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.
---------------------------------------------------------------------------
Final Results of Review
As a result of this review, Commerce determines the following net
countervailable subsidy rates exist for 2020 and 2021:
------------------------------------------------------------------------
Subsidy rate Subsidy rate
Company (percent ad (percent ad
valorem) 2020 valorem) 2021
------------------------------------------------------------------------
Hindalco Industries Limited \8\... 37.90 32.43
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\8\ As discussed in the PDM, Commerce has found the following
company to be cross-owned with Hindalco: Utkal Alumina International
Limited. See Preliminary Results PDM at 7.
---------------------------------------------------------------------------
Normally, Commerce discloses to interested parties the calculations
for the final results of review within five days of public announcement
or, if there is no public announcement, within five days of the date of
publication of the notice of final results in the Federal Register, in
accordance with 19 CFR 351.224(b). However, because we have made no
changes to Hindalco's calculations in the final results, there are no
calculations to disclose.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries covered by this review for Hindalco at the applicable ad
valorem assessment rates listed for the corresponding time periods.
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 Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce will
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount established for 2021 for Hindalco with regard to
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. For all non-reviewed firms, CBP will continue
to collect cash deposits of estimated countervailing duties at the all-
others rate or the most recent company-specific rate applicable to the
company, as appropriate. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as the final reminder to parties subject to
an 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
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: October 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discusses in the Issues and Decision Memorandum
I. Summary
II. Background
III. Subsidies Valuation
IV. Analysis of Programs
V. Discussion of the Issues
Comment 1: Benefit Analysis--Mining Rights Lease Extensions
Program
Comment 2: Whether the Provision of Coal for Less than Adequate
Renumeration (LTAR) is Specific
Comment 3: Whether the Selection of the Coal Benchmark Is
Appropriate
Comment 4: Whether the Remission of Duties and Taxes on Export
Products (RODTEP) Program is Countervailable
Comment 5: Whether to Apply Adverse Facts Available (AFA) to the
Programs Discovered at Verification
VI. Recommendation
[FR Doc. 2023-24489 Filed 11-3-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 6, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.