Notice2024-26220
Common Alloy Aluminum Sheet From India: Final Results of Countervailing Duty Administrative Review; 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 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Hindalco Industries Limited (Hindalco) and Manaksia Aluminium Company Limited (MALCO), received countervailable subsidies 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 219 (Wednesday, November 13, 2024)</title>
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[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Pages 89598-89599]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26220]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-896]
Common Alloy Aluminum Sheet From India: 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
Hindalco Industries Limited (Hindalco) and Manaksia Aluminium Company
Limited (MALCO), received countervailable subsidies during the period
of review (POR), January 1, 2022, through December 31, 2022.
DATES: Applicable November 13, 2024.
FOR FURTHER INFORMATION CONTACT: Samuel Evans or Elizabeth Beuley, 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 or (202)
282-3269, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2024, Commerce published the Preliminary Results of this
administrative review in the Federal Register and invited interested
parties to comment.\1\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\2\ On August
7, 2024, Commerce extended the deadline for issuing the final
results.\3\ The deadline for the final results is now November 5, 2024.
For a complete description of the events that occurred since the
publication of the Preliminary Results, see the Issues and Decision
Memorandum.\4\
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\1\ See Common Alloy Aluminum Sheet from India: Preliminary
Results and Partial Rescission of Countervailing Duty Administrative
Review; 2022, 89 FR 35788 (May 2, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated August 7, 2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Common Alloy Aluminum Sheet from India; 2022,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Order <SUP>5</SUP>
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\5\ See Common Alloy Aluminum Sheet from Bahrain, India, and the
Republic of Turkey: Countervailing Duty Orders, 86 FR 22144 (April
27, 2021) (Order).
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The merchandise covered by this Order is common alloy aluminum
sheet from India. For a complete description of the scope of this
Order, see the Issues and Decision Memorandum.
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 our analysis of comments from interested parties and the
results of verification, we made certain changes to Hindalco's and
MALCO's countervailable subsidy rate calculations from the Preliminary
Results. For a full description of these changes, see the Issues and
Decision Memorandum.\6\
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\6\ For a full description of these revisions, see the Issues
and Decision Memorandum.
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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.
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\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.
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Company Not Selected for Individual Review
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for individual
examination when Commerce limits its examination in an administrative
review, pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 705(c)(5) of the Act, which provides instructions for
determining the all-others rate in an investigation, for guidance when
calculating the rate for companies which were not selected for
individual examination in an administrative review. Under section
705(c)(5)(A) of the Act, the all-others rate is normally an amount
equal to the weighted average of the countervailable subsidy rates
established for exporters and producers individually investigated,
excluding any zero or de minimis countervailable subsidy rates, and any
rates determined entirely on the basis of facts available.
Accordingly, to determine the rate for Virgo Aluminum Limited
(Virgo), the company not selected for individual examination in this
review, because the rates calculated for Hindalco and MALCO were above
de minimis and not based entirely on facts available, 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 its
exports of subject merchandise to the United States.\8\
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\8\ See Memorandum, ``Calculation of Rate for Company Not
Selected for Individual Examination,'' dated concurrently with this
notice.
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Final Results of Review
As a result of this review, Commerce determines the following net
countervailable subsidy rates exist for the period January 1, 2022,
through December 31, 2022:
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Subsidy rate
Company (percent ad
valorem)
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Hindalco Industries Limited \9\......................... 41.46
Manaksia Aluminium Company Limited...................... 1.72
Virgo Aluminum Limited.................................. 3.59
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Disclosure
Commerce intends to disclose the calculations performed 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 this notice in the
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Federal Register, in accordance with 19 CFR 351.224(b).
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\9\ As discussed in the Preliminary Results PDM, Commerce found
the following companies to be cross-owned with Hindalco: Minerals &
Minerals Limited and Utkal Alumina International Limited. For these
final results, we continue to find these companies to be cross-owned
with Hindalco.
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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 of subject merchandise covered by this review. 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)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for each of the companies
listed above for shipments of the subject merchandise which entered, or
were withdrawn from warehouse for consumption on or after the date of
publication of the final results of this administrative review. For all
non-reviewed firms, we will instruct CBP to continue to collect cash
deposits of estimated countervailing duties at the all-others rate or
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: November 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discusses in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation
V. Analysis of Programs
VI. Discussion of the Issues
Comment 1: Whether to Modify the Benefit Calculation for the
Remission of Duties and Taxes on Export Products (RODTEP) Program
for MALCO
Comment 2: Whether the Provision of Coal for Less Than Adequate
Remuneration (LTAR) Program is Specific
Comment 3: Whether the Selection of the Coal Benchmark is
Appropriate
Comment 4: Whether Commerce's Financial Contribution Analysis
for the Provision of Bauxite Mining Rights for LTAR Program is
Appropriate
Comment 5: Whether the Provision of Bauxite Mining Rights for
LTAR Program is Specific
Comment 6: Whether the Selection of the Bauxite Benchmark is
Appropriate
Comment 7: Whether to Change the Calculation of the Social
Welfare Surcharge in the Calculation of the Bauxite Benchmark
Comment 8: Whether to Include a Profit Rate in the Calculation
of the Benefit for the Provision of Bauxite Mining Rights for LTAR
Program
Comment 9: Whether the Selection of the Ocean Freight Benchmark
for the Provision of Coal for LTAR and the Provision of Bauxite
Mining Rights for LTAR Programs is Appropriate
VII. Recommendation
[FR Doc. 2024-26220 Filed 11-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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