Common Alloy Aluminum Sheet From India: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2023
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Abstract
The U.S. Department of Commerce (Commerce) preliminarily 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, 2023, through December 31, 2023. In addition, Commerce is rescinding the review, in part, with respect to three companies. Interested parties are invited to comment on these preliminary results.
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<title>Federal Register, Volume 90 Issue 152 (Monday, August 11, 2025)</title>
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[Federal Register Volume 90, Number 152 (Monday, August 11, 2025)]
[Notices]
[Pages 38623-38625]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15185]
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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; 2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
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, 2023, through
December 31, 2023. In addition, Commerce is rescinding the review, in
part, with respect to three companies. Interested parties are invited
to comment on these preliminary results.
DATES: Applicable August 11, 2025.
FOR FURTHER INFORMATION CONTACT: 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) 482-3269.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2021, Commerce published the countervailing duty
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(CVD) order on aluminum sheet from India.\1\ On April 1, 2024, Commerce
published in the Federal Register a notice of opportunity to request an
administrative review of the Order for the POR.\2\ On June 12, 2024,
based on timely request for review, Commerce initiated an
administrative review of the Order covering four companies, in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).\3\ On July 22, 2024, Commerce tolled certain deadlines in
this administrative proceeding by seven days.\4\ On December 4, 2024,
Commerce extended the deadline for the preliminary results until May 7,
2025.\5\ On December 9, 2024, Commerce tolled certain deadlines in this
administrative proceeding by 90 days.\6\ Accordingly, the deadline for
these preliminary results is now August 5, 2025.
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\1\ See Common Alloy Aluminum Sheet from Bahrain, India, and the
Republic of Turkey: Countervailing Duty Orders, 86 FR 22144 (April
27, 2021) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation Opportunity to Request Administrative Review
and Join Annual Inquiry Service List, 89 FR 22390 (April 1, 2024).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 49844 (June 12, 2024).
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2023 Countervailing Duty Administrative Review,'' dated
December 3, 2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2023 Countervailing Duty Administrative Review 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 Order
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)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
a review withdraws the request within 90 days of the date of the
publication of the notice of initiation. On July 25, 2024, the
petitioners \8\ timely withdrew their review requests for Hindalco
Industries Limited (Hindalco), Jindal Aluminum Limited (Jindal), and
Virgo Aluminum Limited (Virgo).\9\ Because the petitioners timely
withdrew their requests for a review of these companies, and no other
party requested a review of them, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this review, in part, with
respect to these companies.
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\8\ The petitioners are the Aluminum Association Common Alloy
Aluminum Sheet Trade Enforcement Working Group and its individual
members: Arconic, Inc.; Commonwealth Rolled Products; Constellium
Rolled Products Ravenswood, LLC; JW Aluminum Company; and Texarkana
Aluminum, Inc.
\9\ See Petitioner's Letter, ``Partial Withdrawal of Request for
Third Administrative Review,'' dated July 25, 2024.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily 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 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(5A) of the Act regarding specificity.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rate for the period January 1,
2023, through December 31, 2023:
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Subsidy rate (percent ad
Company valorem)
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Manaksia Aluminum Company Limited............. 3.10
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Disclosure
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).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\11\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than five days
after the date for filing case briefs.\12\ Interested parties who
submit case or rebuttal briefs in this proceeding must submit: (1) a
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\13\
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\11\ See 19 CFR 351.309.
\12\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
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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 limited 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.\14\ Further,
we request that interested parties limit their
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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 administrative
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).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Service Final Rule, 88 FR at 67077.
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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, within 30 days after the date of publication of this notice.
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. All
submissions, including case and rebuttal briefs, as well as hearing
requests, should be filed using ACCESS. An electronically-filed
document must be received successfully in its entirety by ACCESS by
5:00 p.m. Eastern Time on the established deadline.
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.
For Manaksia Aluminum Company Limited, Commerce will instruct CBP
to assess countervailing duties on all appropriate 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, 2023, through December 31, 2023, in
accordance with 19 CFR 351.212(c)(1)(i). 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).
For Hindalco, Jindal, and Virgo, the companies for which we are
rescinding this administrative review, we will instruct CBP to assess
countervailing duties on all appropriate 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, 2023, through December 31, 2023, in accordance with 19 CFR
351.212(c)(l)(i). Commerce intends to issue these rescission
instructions 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) of 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 the company 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 appropriate.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Final Results
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, no later than 120
days after the date of publication of this notice in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Notification 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: August 5, 2025.
Christopher Abbott,
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. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2025-15185 Filed 8-8-25; 8:45 am]
BILLING CODE 3510-DS-P
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