Notice2024-19832
Common Alloy Aluminum Sheet From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2022
Primary source
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Published
September 4, 2024
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, 2022, through December 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 171 (Wednesday, September 4, 2024)</title>
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[Federal Register Volume 89, Number 171 (Wednesday, September 4, 2024)]
[Notices]
[Pages 71881-71883]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19832]
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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; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: 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, 2022, through
December 31, 2022.
DATES: Applicable September 4, 2024.
FOR FURTHER INFORMATION CONTACT: Scarlet K. Jaldin or Amber Hodak, 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) 482-4275 or (202)
482-8034, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 5, 2024, Commerce published the Preliminary Results of
this administrative review in the Federal Register.\1\ On June 6, 2024,
Commerce extended the deadline for issuing these final results to
August 21, 2024.\2\ On July 12, 2024, Commerce released its Post-
Preliminary Analysis.\3\ On July 12, 2024, we invited parties to
comment on both the Preliminary Results and the Post-Preliminary
Results.\4\ We received timely filed case and rebuttal briefs from
Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement
Working Group and its individual members \5\ (collectively, the
domestic industry),\6\ Jiangsu Alcha Aluminum Co., Ltd. (Jiangsu
Alcha), Yinbang Clad Material Co., Ltd. (Yinbang). On July 22, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven days.\7\ The deadline for the final results is now August 28,
2024. For a detailed description of the events that followed the
Preliminary Results, see the Issues and Decision Memorandum.\8\
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\1\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Preliminary Results of Countervailing Duty Administrative
Review and Rescission of Review, in Part; 2022, 89 FR 15819 (March
5, 2024) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated June 6, 2024.
\3\ See Memorandum, ``Post-Preliminary Analysis,'' dated July
12, 2024 (Post Preliminary Results).
\4\ See Memorandum, ``Briefing Schedule,'' dated July 12, 2024.
\5\ The individual members of the Aluminum Association Common
Alloy Aluminum Sheet Trade Enforcement Working Group are: Arconic
Corporation; Commonwealth Rolled Products, Inc; Constellium Rolled
Products Ravenswood, LLC; Jupiter Aluminum Corporation; JW Aluminum
Company; and Novelis Corporation.
\6\ See Jiangsu Alcha and Yinbang's Letter, ``Case Brief,''
dated April 4, 2024; see also Domestic Industry's Letter, ``Domestic
Industry's Affirmative Case Brief,'' dated July 22, 2024; Domestic
Industry's Letter, ``Domestic Industry's Rebuttal Case Brief,''
dated July 29, 2024 (Domestic Industry's Rebuttal Brief); and Alcha
Group's Letter, ``Rebuttal Case Brief,'' dated July 29, 2024 (Alcha
Group's Rebuttal Brief).
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\8\ See Memorandum, ``Decision Memorandum for the Final Results
of the Countervailing Duty Administrative Review of Common Alloy
Aluminum Sheet from the People's Republic of China; 2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order \9\
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\9\ 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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The product covered by the Order is CAAS from China. For a complete
description of the scope of the of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in their case briefs
are addressed in the Issues and Decision Memorandum. A list of the
issues raised is attached as an appendix to this notice. The Issues and
Decision Memorandum is a public document and
[[Page 71882]]
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 arguments raised and a review of the record and all
supporting documentation, we made certain changes to the Preliminary
Results with respect to the subsidy rate calculations for the provision
of primary aluminum for less than adequate remuneration (LTAR), the
provision of electricity for LTAR, and Alcha Group's 2022 equity
infusion. For a discussion of the issues and changes, see 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 to be countervailable, we
determine that there is a subsidy, i.e., a financial contribution from
a government or public entity that gives rise to a benefit to the
recipient, and that the subsidy is specific.\10\ For a full description
of the methodology underlying Commerce's conclusions, including our
reliance, in part, on facts otherwise available with adverse inferences
pursuant to sections 776(a) and (b) of the Act, see the Issues and
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(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 the
following net countervailable subsidy rates for the period January 1,
2022, through December 31, 2022:
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\11\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 21609, 21624 (April 11, 2023)
(Initiation Notice). In the Initiation Notice, Commerce also
initiated a review on Jiangsu Alcha Aluminium Group., Ltd. and
Jiangsu Alcha Aluminum Group Co., Ltd. The respondent reported that
Jiangsu Alcha Aluminium Group Co., Ltd. is the current legal name of
the company, but is used interchangeably with Jiangsu Alcha Aluminum
Group Co., Ltd. The respondent also reported that due to the recent
change, Jiangsu Alcha Aluminum Group Co., Ltd. and Jiangsu Alcha
Aluminium Group Co., Ltd. refer to the same entity.
\12\ 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 have treated ``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 supra, n.11; see also Preliminary Results PDM.
\13\ See Preliminary Results PDM at Section II, ``Background.''
\14\ We calculated this company's rate based entirely on AFA, in
accordance with section 776 of the Act. See Preliminary Results PDM
at 19-25.
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Subsidy rate
Company (percent ad
valorem)
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Jiangsu Alcha Aluminium Group Co., Ltd., and Jiangsu 21.41
Alcha Aluminum Group Co., Ltd. (both formerly known as
Jiangsu Alcha Aluminum Co., Ltd., Jiangsu Alcha
Aluminium Co., Ltd.); \11\ Alcha International Holdings
Limited; Baotou Alcha Aluminium Co., Ltd., Baotou Alcha
Aluminum Co., Ltd., Baotou Alcha North Aluminum Co.,
Ltd., and Baotou Changlv Northern Aluminium Industry
Co., Ltd.; \12\ and Jiangsu Alcha New Energy Materials
Co., Ltd.\13\..........................................
Yinbang Clad Material Co., Ltd.......................... 22.76
Zhengzhou Mingtai Industry Co., Ltd.\14\................ 373.06
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Disclosure
Commerce intends to disclose the calculations and analysis
performed to interested parties for these 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
results in the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to 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 for the above-listed companies at the applicable ad valorem
assessment rates. Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the 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 Instructions
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for each company 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.'' and ``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 these final results, shall remain in
effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition 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 sanctionable violation.
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR 351.221(b)(5).
[[Page 71883]]
Dated: August 28, 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Programs Determined to Confer a Non-Measurable Benefit During
the POR
VIII. Programs Determined to Be Not Used
IX. Changes Since the Preliminary Results
X. Discussion of the Issues
Comment 1: Whether Commerce Failed to Ensure the Consistency and
Accuracy of the Primary Aluminum Pricing Data
Comment 2: Whether Commerce Should Continue to Use the Average
Prices for Alloyed and Non-Alloyed Aluminum to Calculate the Primary
Aluminum Benchmark
Comment 3: Whether Commerce Should Use a Different Value Added
Tax Rate When Calculating the Primary Aluminum Benchmark
Comment 4: Whether Commerce Should Correct Its Calculation of
Inland Freight
Comment 5: Whether Commerce Should Continue to Apply Facts
Available to Yinbang's Provision of Land for LTAR
Comment 6: Whether Commerce Should Continue to Apply Facts
Available to Alcha Group's Policy Loans to the CAAS Industry
Comment 7: Whether Commerce Should Revise Its Methodology to
Attribute Alcha International's Policy Loans
Comment 8: Whether Commerce Should Revise the Calculations for
the Provision of Electricity
XI. Recommendation
[FR Doc. 2024-19832 Filed 9-3-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 4, 2024.
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