Notice2024-09590
Common Alloy Aluminum Sheet From India: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022
Primary source
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Published
May 2, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminary determines that countervailable subsidies are being provided to producers and exporters of common alloy aluminum sheet (aluminum sheet) from India. The period of review (POR) is January 1, 2022, through December 31, 2022. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 86 (Thursday, May 2, 2024)</title>
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[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35788-35790]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09590]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-896]
Common Alloy Aluminum Sheet From India: Preliminary Results and
Partial Rescission of Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department fo Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminary
determines that countervailable subsidies are being provided to
producers and exporters of common alloy aluminum sheet (aluminum sheet)
from India. The period of review (POR) is January 1, 2022, through
December 31, 2022. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable May 2, 2024.
FOR FURTHER INFORMATION CONTACT: Samuel Evans, 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) 482-2420.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2021, Commerce published the countervailing duty (CVD)
order on aluminum sheet from India.\1\ On June 12, 2023, Commerce
published in the Federal Register a notice of initiation of an
administrative review of the Order.\2\ On December 4, 2023, Commerce
extended the deadline for the preliminary results until April 26,
2024.\3\
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\1\ See Common Alloy Aluminum Sheet from Bahrain, India, and the
Republica of Turkey: Countervailing Duty Orders, 86 FR 22144 (April
27, 2021) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 38201 (June 12, 2023).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2022 Countervailing Duty Administrative Review,'' dated
concurrently with, and hereby adopted by this notice (Preliminary
Decision Memorandum).
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics discussed in the Preliminary Decision Memorandum is
included in an 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 Service System (ACCESS). ACCESS is available to
registered users at https//<a href="http://access.trade.gov">access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https//<a href="http://access.trade.gov/public/FRNoticesListLayout.aspx">access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Countervailing Duty Investigation of Common
Alloy Aluminum Sheet from India,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The merchandise covered by this Order is aluminum sheet from India.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(3), Commerce's practice is to rescind
an administrative review of a CVD order when it concludes that there
are no suspended entries of subject merchandise during the POR.\5\
Normally, upon completion of an administrative review, the suspended
entries are liquidated at the countervailing duty assessment rate
calculated for the review period.\6\ Therefore, for an administrative
review of a company to be conducted, there must be a reviewable,
suspended entry that Commerce can instruct U.S. Customs and Border
Protection (CBP) to liquidate at the calculated countervailing duty
assessment rate calculated for the review period.\7\
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\5\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Admininstrative Review; 2015, 82 FR 14349 (March 20, 2017); see also
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\6\ See 19 CFR 351.212(b)(2).
\7\ See 19 CFR 351.213(d)(3).
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According to the CBP import data, Jindal Aluminum Limited (Jindal)
did not have a reviewable entry of subject merchandise during the POR
for which liquidatin is suspended.\8\ Therefore, we notified interested
parties that we intended to rescind this administrative review with
respect to Jindal and provided parties an opportunity to submit
comments, including factual information to demonstrate whether there
were reviewable entries during the POR for Jindal.\9\ We received no
comments in response to this memorandum. Therefore, in the absence of
suspended entries of subject merchandise duing the POR, in accordance
with 19 CFR 351.213(d)(3), we are rescinding this administrative review
with respect to Jindal.
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\8\ See Memorandum, ``Release of Customs and Broder Protection
Data Query,'' dated June 23, 2023.
\9\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated December 27, 2023.
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Methodology
Commerce is conduing this CVD 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, Commercie
preliminary determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\10\ For a full description
of the
[[Page 35789]]
methodology underlying our preliminary conclusions, see the Preliminary
Decision Memorandum.
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\10\ 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(5)(A) of the Act regarding specifically.
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Company Not Selected for Individual Examination
The Act and Commerce's regulations do not directly address the
subsidy rate to be applied to companies not selected for individual
examination where Commerce limits its examination in an administrative
review pursuant to section 777A(e)(2) of the Act. However, Commerce
normally determines the rates for non-selected companies in reviews in
a manner that is consistent with section 705(c)(5) of that Act, which
provides instructions for calculating the all-others rate in an
investigation. Section 777A(e)(2) fo the Act provides that ``the
individual countervailable subsidy rates determined under subparagraph
(A) shall be used to determine the all-others rate under section
705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of the Act states
that for companies not investigated, in general we will determine an
all-others rate by weight averaging the countervailable subsidy rates
established for each of the companies individually investigated,
excluding zero and de minimis rates or any rate based on solely on the
facts available.
According, to determine the rate for Virgo Aluminum Limited
(Virgo), the company not selected for individual examination,
Commerce's practice is to weight average the net subsidy rates for the
selected mandatory respondents, excluding rates that are zero, de
minimis, or based entirely on facts available.\11\ We selected Hindalco
Industries Limited (Hindalco) and Manaksia Aluminum Company Limited
(MALCO) for review as mandatory respondents and preliminary determine
that each received countervailable subsidies at above de minimis rates.
Therefore, for the POR, we are assigning Virgo a weighted average of
the subsidy rates calculated for Hindalco and MALCO using each
company's public ranged data for the value of it's exports of subject
merchandise to the United States.\12\
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\11\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\12\ See Memorandum, ``Calculation of Rate for Company Not
Selected for Individual Examination,'' dated concurrently with this
notice.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rates for the period January 1,
2022, through December 31, 2022:
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Subsidy rate
Company 2022 (percent
ad valorem)
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Hindalco Industries Limited \13\........................ 54.12
Manaksia Aluminum Company Limited....................... 2.90
Virgo Aluminum Limited.................................. 5.32
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Disclousre and Public Comment
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\13\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following compaies to be cross-owned with
Hindalco; Hindalco-Almex Aerospace Limited, Minerals Minerals
Limited, Utkal Alumina International Limited, Suvas Holding Limited,
and Birla Copper Asoj Private Limited.
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Commerce intends to disclose its calculations performed to
interested parties for these preliminary results within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\14\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\15\ All briefs must be
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the established deadline. As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior proceedings we have encouraged
interested parties to provide an executive summary of their brief that
should be limted to five pages total, including footnotes. In this
review, we instead request that interested parties provide at the
beginning of their briefs a public, executive summary for each issue
raised in their briefs.\16\ Further we request that interested parties
limit their public executive summary of each issue to no more than 450
words, not including citations. We intend to use the public executive
summaries as the basis of the comment summaries included in the issues
and decision memorandum that will accompany the final results in this
administravtive review. We request that interested parties include
footnotes for relevant citations in the public executive summary of
each issue. Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\17\
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\14\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumpting and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (Sepember 29,
2023).
\15\ See 19 351.209(c)(2) and (d)(2).
\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. If a request for a hearing
is made, Commerce will inform parties of the scheduled date for the
hearing. An electronically filed hearing request must be received
successfully in its enterety by Commerce's electronic records system,
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.
Final Results
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised by parties in their comments, within 120
days after the date of publication of these preliminary results.
Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce will
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. We intend to issue
intstruction 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 expried (i.e., within 90 days of
publication).
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For Jindal, the company for which we are rescinding this
administrative review, Commerce will instruct CBP to assess
countervailing duties on all apppropriate entries at a rate equal to
the cash deposit of estimated countervailing duties required at the
time of entry, or withdrawal from warehouse, for consumption, during
the period January 1, 2022, through December 31, 2022, in accordance
with 19 CFR 351.212(c)(l)(i). Commerce intends to issue apprporate
assessment instructions directly to CBP no earlier than 35 days after
the date of publication of this notice in the Federal Register.
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) fo the Act, Commerce also
intends, upon publication of the final results, to instruct CBP to
collect cash deposits of estimated countervailing duties in the amounts
shown for each of the companies listed above 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
appropirate. These cash deposit requirements, when imposed, shall
remain in effect until futher notice.
Notificatin to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
Non-exclusive Functions and Duties of the 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. Subsidies Valuation
V. Benchmarks and Discount Rates
VI. Analysis of Programs
VII. Recommendation
[FR Doc. 2024-09590 Filed 5-1-24; 8:45 am]
BILLING CODE 3510-DS-P
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