Notice2023-24597
Common Alloy Aluminum Sheet From India: Final Results of Antidumping Duty Administrative Review; 2020-2022
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 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that common alloy aluminum sheet (aluminum sheet) from India was not sold in the United States at less than normal value during the period of review (POR), October 15, 2020, through March 31, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 214 (Tuesday, November 7, 2023)</title>
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[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76724-76725]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24597]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-895]
Common Alloy Aluminum Sheet From India: Final Results of
Antidumping Duty Administrative Review; 2020-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
common alloy aluminum sheet (aluminum sheet) from India was not sold in
the United States at less than normal value during the period of review
(POR), October 15, 2020, through March 31, 2022.
DATES: Applicable November 7, 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) 482-1110.
SUPPLEMENTARY INFORMATION:
Background
On May 5, 2023, Commerce published the Preliminary Results of this
administrative review and invited parties to comment on the Preliminary
Results.\1\ This administrative review covers two producers/exporters
of aluminum sheet from India.\2\ Commerce selected one respondent for
individual examination, Hindalco Industries Limited (Hindalco).\3\ On
August 16, 2023, Commerce extended the time period for issuing the
final results of this review until November 1, 2023.\4\ For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\5\
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\1\ See Common Alloy Aluminum Sheet from India: Preliminary
Results of Antidumping Duty Administrative Review; 2020-2022, 88 FR
29082 (May 5, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165 (June 9, 2022).
\3\ See Memorandum, ``Respondent Selection,'' dated July 1,
2022.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review, 2020-2022,'' dated August
16, 2023.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order: Common Alloy Aluminum Sheet from India; 2020-2022,'' dated
concurrently with and hereby adopted by this notice (Issues and
Decision Memorandum).
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order <SUP>6</SUP>
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\6\ 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).
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The products covered by this Order are common alloy aluminum sheet
from India. For a full description of the scope, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised and to which we responded in the Issues and Decision Memorandum
is attached to this notice as an 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 a review of the record and comments received from
interested parties, we made certain changes to the margin calculation
for these final results. However, those adjustments did not result in
any changes to the estimated weighted-average dumping margin for
Hindalco. For a more detailed discussion of these changes, see the
Issues and Decision Memorandum.
Rate for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for 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 which 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 and 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 Aluminum Limited, the company not selected for
individual examination in this review, a margin of zero percent.
Final Results of Review
Commerce determines that the following estimated weighted-average
dumping margins exist for the period October 15, 2020, through March
31, 2022:
[[Page 76725]]
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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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Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with the final results within five days of any
public announcement or, if there is no public announcement, within five
days of the date of publication of the notice of final determination in
the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. Where the respondent's weighted-average
dumping margin is either zero or de minimis (i.e., less than 0.5
percent), we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. Accordingly, because Hindalco's
weighted-average dumping margin is zero percent, we will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties. For entries of subject merchandise during the POR produced by
Hindalco for which it did not know its merchandise was destined for the
United States, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\7\ For the company which was
not selected for individual review, Virgo Aluminum Limited, we will
assign an assessment rate based on the methodology described in the
``Rates for Non-Examined Companies'' section, above.
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\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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We intend to instruct CBP to take into account the ``provisional
measures deposit cap,'' in accordance with 19 CFR 351.212(d). 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
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 Aluminum Limited will be the rates established in the final
results of this administrative review; (2) for merchandise exported by
producers or exporters not covered in this administrative 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 of this proceeding; (3) if the exporter is
not a firm covered in this review, a prior review, or the original
less-than-fair-value (LTFV) investigation, but the producer is, the
cash deposit rate will be the rate established for the most recently
completed segment of this proceeding for the producer of the subject
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 44.64 percent, the all-others rate
established in the LTFV investigation.\8\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\8\ See Common Alloy Aluminum Sheet from India: Final
Affirmative Determination of Sales at Less Than Fair Value, 86 FR
13282 (March 8, 2021).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (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/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5)
and 19 CFR 351.213(h)(1).
Dated: November 1, 2023.
Lisa W. Wang,
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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Hindalco Properly Reported U.S. Gross Unit
Price
Comment 2: Whether Hindalco Withheld Information About its Home
Market Resales
Comment 3: Whether Hindalco Withheld Information About its
Deemed Export Sales
Comment 4: Whether the Application of Total Adverse Facts
Available to Hindalco is Warranted
Comment 5: Whether Hindalco Properly Reported Home Market
Freight Expenses
Comment 6: Whether Hindalco's Early Payment Discounts and/or
Quantity Discounts Should be Used in Calculating Normal Value
Comment 7: Whether Commerce Should Revise its Major Input
Analysis
Comment 8: Whether Commerce Should Apply the Transactions
Disregarded Rule to Other Affiliated Party Purchases
Comment 9: Whether Commerce Should Grant Hindalco's Reported
Cost of Production Offsets
Comment 10: Whether Hindalco Misclassified Certain Products in
its Cost Database
Comment 11: Whether Hindalco's Underreported its General and
Administrative Expenses
VI. Recommendation
[FR Doc. 2023-24597 Filed 11-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 7, 2023.
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