Common Alloy Aluminum Sheet From India: Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination, 13285-13287 [2021-04728]

Download as PDF Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices 7606.12.3035, 7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025, 7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. jbell on DSKJLSW7X2PROD with NOTICES Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes Since the Preliminary Determination IV. Discussion of the Issues Comment 1: Hindalco’s Untimely Extension Request Comment 2: Whether Commerce Should Continue to Apply Partial Adverse Facts Available (AFA) to Hindalco Comment 3: Whether Commerce Should Deny Certain Price Adjustments for Hindalco Comment 4: Whether Commerce Should Rely on FA for Hindalco’s ‘‘Deemed Export’’ Sales Comment 5: Whether Commerce Should Rely on FA for Hindalco’s Home Market Warehousing Expenses Comment 6: Whether Commerce Overstated the Affiliated Party Adjustment Comment 7: Whether MALCO’s Cost Information is Usable Comment 8: MALCO’s Missing Cost Data for U.S. Control Numbers (CONNUMs) Comment 9: Appropriate Differential Pricing Methodology Comment 10: Whether to Disallow Home Market Quantity and Early Payment Discounts Comment 11: Whether Commerce Should Apply the Highest U.S. Commission Rate to All U.S. Sales Comment 12: Whether to Disallow MALCO’s Home Market Credit Expenses Comment 13: Whether MALCO Has Properly Reported Its Packing Costs Comment 14: Whether MALCO’s Overall Costs Should Be Adjusted for the Cost of Home Market Returns Comment 15: Whether MALCO’s Reported Direct Materials Cost is Understated Comment 16: Whether to Revise MALCO’s General and Administrative (G&A) Expenses Ratio to Include Missing Expenses and to Correct the Cost of Goods Sold Comment 17: Whether to Revise MALCO’s Interest Expense Ratio Comment 18: Constructed Value (CV) Profit Comment 19: Selection of the All-Others Rate V. Recommendation [FR Doc. 2021–04726 Filed 3–5–21; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 DEPARTMENT OF COMMERCE International Trade Administration [C–533–896] Common Alloy Aluminum Sheet From India: Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of common alloy aluminum sheet (aluminum sheet) from India. DATES: Applicable March 8, 2021 FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Nathan James 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) 482–7425 or (202) 482–5305, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On August 14, 2020, Commerce published the Preliminary Determination in the Federal Register.1 In the Preliminary Determination, and in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(4), Commerce aligned the final determination of this CVD investigation with the final determination in the companion antidumping duty investigation of aluminum sheet from India. A summary of the events that occurred since Commerce published the Preliminary Determination, may be found in the Issues and Decision Memorandum.2 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 1 See Common Alloy Aluminum Sheet from India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination, and Alignment of Final Determination with Final Antidumping Duty Determination, 85 FR 49631 (August 14, 2020) (Preliminary Determination). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Common Alloy Aluminum Sheet from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 13285 at http://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Period of Investigation The period of investigation is January 1, 2019, through December 31, 2019. Scope of the Investigation The product covered by this investigation is aluminum sheet from India. For a complete description of the scope of this investigation, see Appendix I. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments.3 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we addressed in the Final Scope Decision Memorandum.4 Commerce is not modifying the scope language as it appeared in the Preliminary Determination. See Appendix I for the final scope of the investigation. Verification Commerce was unable to conduct onsite verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act.5 Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in 3 See Memorandum, ‘‘Antidumping and Countervailing Duty Investigations of Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan and Turkey: Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated October 6, 2020 (Preliminary Scope Decision Memorandum). 4 See Memorandum, ‘‘Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey: Scope Comments Final Decision Memorandum,’’ dated concurrently with, and hereby adopted by, this notice (Final Scope Decision Memorandum). 5 See Commerce’s Letter, ‘‘Countervailing Duty Investigation of Common Alloy Aluminum Sheet from India: In Lieu of Verification Questionnaire,’’ dated December 3, 2020. E:\FR\FM\08MRN1.SGM 08MRN1 13286 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices the case and rebuttal briefs by parties in this investigation, are discussed in the Issues and Decision Memorandum. For a list of the issues raised by parties, and to which we responded in the Issues and Decision Memorandum, see Appendix II of this notice. Methodology Commerce conducted this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce 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.6 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, we made certain changes to the subsidy rate calculations for Hindalco Industries Limited (Hindalco) and Manaksia Aluminium Company Limited (MALCO). For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate Section 705(c)(5)(A) of the Act provides that in the final determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any rates that are zero, de minimis, or based entirely under section 776 of the Act. In this investigation, we continue to calculate the all-others rate using the weighted-average of the individual subsidy rates calculated for Hindalco and MALCO.7 jbell on DSKJLSW7X2PROD with NOTICES Final Negative Determination of Critical Circumstances Commerce determines that critical circumstances do not exist within the meaning of 703(e)(1) of the Act. For further information, see Issues and Decision Memorandum. 6 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. 7 Both companies reported their respective sales values as public information. VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 Final Determination Commerce determines that the following countervailable subsidy rates exist: of its final affirmative determination that countervailable subsidies are being provided to producers and exporters of aluminum sheet from India. As Commerce’s final determination is affirmative, in accordance with section Subsidy Producer/exporter rate 705(b) of the Act, the ITC will (percent) determine, within 45 days, whether the domestic industry in the United States Hindalco Industries Limited 8 ...... 35.25 is materially injured or threatened with Manaksia Aluminium Company Limited ..................................... 4.89 material injury. In addition, we are All Others .................................... 30.15 making available to the ITC all nonprivileged and nonproprietary information related to this investigation. Disclosure We will allow the ITC access to all Commerce intends to disclose to privileged and business proprietary interested parties its calculations and information in our files, provided the analysis performed in this final ITC confirms that it will not disclose determination within five days of its such information, either publicly or public announcement, or if there is no under an administrative protective order public announcement, within five days (APO), without the written consent of of the date of publication of this notice the Assistant Secretary for Enforcement in accordance with 19 CFR 351.224(b). and Compliance. Continuation of Suspension of Notification Regarding APO Liquidation In the event that the ITC issues a final As a result of our Preliminary negative injury determination, this Determination and pursuant to sections notice will serve as the only reminder 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. Customs and to parties subject to the APO of their responsibility concerning the Border Protection (CBP) to suspend destruction of proprietary information liquidation of entries of subject disclosed under APO in accordance merchandise as described in the scope with 19 CFR 351.305(a)(3). Timely of the investigation section entered, or written notification of the return/ withdrawn from warehouse, for destruction of APO materials or consumption on or after August 14, conversion to judicial protective order is 2020, the date of publication of the hereby requested. Failure to comply Preliminary Determination in the with the regulations and terms of an Federal Register. In accordance with APO is a violation which is subject to section 703(d) of the Act, effective sanction. December 12, 2020, we instructed CBP to discontinue the suspension of Notification to Interested Parties liquidation of all entries at that time, but This determination is issued and to continue the suspension of published pursuant to sections 705(d) liquidation of all entries from August and 771(i) of the Act, and 19 CFR 14, 2020, through December 11, 2020. 351.210(c). If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order and require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above, in accordance with section 706(a) of the Act. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, Commerce will notify the ITC 8 As discussed in the Preliminary Decision Memorandum, Commerce has found the following company to be cross-owned with Hindalco: Utkal Alumina International Limited. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Dated: March 1, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The product covered by this investigation is common alloy aluminum sheet, which is a flat-rolled aluminum product having a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or cut- to-length, regardless of width. Common alloy sheet within the scope of this investigation includes both not clad aluminum sheet, as well as multi-alloy, clad aluminum sheet. With respect to not clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-, 3XXX-, or 5XXX-series alloy as designated by the Aluminum Association. With respect to multi-alloy, clad aluminum sheet, common alloy sheet is produced from a 3XXX-series core, to which cladding layers are applied to either one or both sides of the core. The use of a proprietary alloy or non-proprietary alloy E:\FR\FM\08MRN1.SGM 08MRN1 Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Notices that is not specifically registered by the Aluminum Association as a discrete 1XXX-, 3XXX-, or 5XXX-series alloy, but that otherwise has a chemistry that is consistent with these designations, does not remove an otherwise in-scope product from the scope. Common alloy sheet may be made to ASTM specification B209–14 but can also be made to other specifications. Regardless of specification, however, all common alloy sheet meeting the scope description is included in the scope. Subject merchandise includes common alloy sheet that has been further processed in a third country, including but not limited to annealing, tempering, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the common alloy sheet. Excluded from the scope of this investigation is aluminum can stock, which is suitable for use in the manufacture of aluminum beverage cans, lids of such cans, or tabs used to open such cans. Aluminum can stock is produced to gauges that range from 0.200 mm to 0.292 mm, and has an Hl9, H–41, H–48, or H–391 temper. In addition, aluminum can stock has a lubricant applied to the flat surfaces of the can stock to facilitate its movement through machines used in the manufacture of beverage cans. Aluminum can stock is properly classified under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set for the above. Common alloy sheet is currently classifiable under HTSUS subheadings 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000, 7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, merchandise that falls within the scope of this investigation may also be entered into the United States under HTSUS subheadings 7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035, 7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025, 7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. jbell on DSKJLSW7X2PROD with NOTICES Appendix II—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Final Negative Determination of Critical Circumstances V. Subsidies Valuation VI. Use of Facts Otherwise Available and Adverse Inferences VII. Analysis of Programs VIII. Discussion of the Issues Comment 1: Whether To Exclude the Subsidy Rate for the Provision of Coal for VerDate Sep<11>2014 19:05 Mar 05, 2021 Jkt 253001 Less Than Adequate Remuneration (LTAR) From the All-Others Rate Comment 2: Whether To Reconsider Initiation of New Subsidy Allegations (NSAs) Comment 3: Whether Commerce Appropriately Initiated the Investigation After the Government of India (GOI) Withdrew From Consultations Comment 4: Whether Commerce Conducted a Selective/Incomplete Investigation Comment 5: Whether the GOI has an Effective System in Place To Confirm Input Consumption Comment 6: Whether the Provision of Coal for LTARIs Countervailable Comment 7: Whether Water for LTAR and Land for LTAR in the State of Gujarat Are Countervailable Comment 8: Whether To Correct the Consumer Price Index (CPI) Rate Used in the Land for LTAR Benefit Calculation Comment 9: Whether To Exclude Certain Rebates From the Duty Drawback Benefit Calculation Comment 10: Whether To Correct the Duty Exemption Rate Used in the State Government of Madhya Pradesh (SGMP) Electricity Duty Exemption Comment 11: Whether To Correct the Benefit Calculation Relating to the Export Promotion of Capital Goods Scheme (EPCGS) Comment 12: Whether To Adjust the Inland Freight Benchmark Used in the Coal for LTAR Benefit Calculation Comment 13: Whether To Apply Adverse Facts Available (AFA) to MALCO’s EPCGS Usage Comment 14: Whether To Correct the Discount Rate Used in the ExportOriented Unit (EOU) Scheme Benefit Calculation IX. Recommendation [FR Doc. 2021–04728 Filed 3–5–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–791–825] Common Alloy Aluminum Sheet From South Africa: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of common alloy aluminum sheet (aluminum sheet) from South Africa is being, or is likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation January 1, 2019, through December 31, 2019. DATES: Applicable March 8, 2021. AGENCY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 13287 FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4243. SUPPLEMENTARY INFORMATION: Background On October 15, 2020, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of aluminum sheet from South Africa, in which we also postponed the final determination until March 1, 2021.1 We invited interested parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary Determination, may be found in the Issues and Decision Memorandum.2 Scope of the Investigation The product covered by this investigation is aluminum sheet from South Africa. For a complete description of the scope of this investigation, see Appendix I of this notice. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum to address these comments.3 We received comments from interested parties on the Preliminary Scope Decision Memorandum, which we address in the Final Scope Decision Memorandum.4 1 See Common Alloy Aluminum Sheet from South Africa: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 65351 (October 15, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Common Alloy Aluminum Sheet from South Africa,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey: Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated October 6, 2020 (Preliminary Scope Decision Memorandum). 4 See Memorandum, ‘‘Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and Turkey: Scope Comments Final Decision Memorandum,’’ dated concurrently with, and hereby adopted by, this notice (Final Scope Decision Memorandum). E:\FR\FM\08MRN1.SGM 08MRN1

Agencies

[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Notices]
[Pages 13285-13287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04728]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-896]


Common Alloy Aluminum Sheet From India: Final Affirmative 
Countervailing Duty Determination and Final Negative Critical 
Circumstances Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of common alloy aluminum sheet (aluminum sheet) from India.

DATES: Applicable March 8, 2021

FOR FURTHER INFORMATION CONTACT: Benito Ballesteros or Nathan James 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) 482-7425 or (202) 
482-5305, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 14, 2020, Commerce published the Preliminary 
Determination in the Federal Register.\1\ In the Preliminary 
Determination, and in accordance with section 705(a)(1) of the Tariff 
Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(4), Commerce 
aligned the final determination of this CVD investigation with the 
final determination in the companion antidumping duty investigation of 
aluminum sheet from India.
---------------------------------------------------------------------------

    \1\ See Common Alloy Aluminum Sheet from India: Preliminary 
Affirmative Countervailing Duty Determination, Preliminary Negative 
Critical Circumstances Determination, and Alignment of Final 
Determination with Final Antidumping Duty Determination, 85 FR 49631 
(August 14, 2020) (Preliminary Determination).
---------------------------------------------------------------------------

    A summary of the events that occurred since Commerce published the 
Preliminary Determination, may be found in the Issues and Decision 
Memorandum.\2\ 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 http://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Countervailing Duty Investigation of 
Common Alloy Aluminum Sheet from India,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation is January 1, 2019, through December 
31, 2019.

Scope of the Investigation

    The product covered by this investigation is aluminum sheet from 
India. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    During the course of this investigation, Commerce received scope 
comments from interested parties. Commerce issued a Preliminary Scope 
Decision Memorandum to address these comments.\3\ We received comments 
from interested parties on the Preliminary Scope Decision Memorandum, 
which we addressed in the Final Scope Decision Memorandum.\4\ Commerce 
is not modifying the scope language as it appeared in the Preliminary 
Determination. See Appendix I for the final scope of the investigation.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Antidumping and Countervailing Duty 
Investigations of Common Alloy Aluminum Sheet from Bahrain, Brazil, 
Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic 
of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, 
Taiwan and Turkey: Scope Comments Decision Memorandum for the 
Preliminary Determinations,'' dated October 6, 2020 (Preliminary 
Scope Decision Memorandum).
    \4\ See Memorandum, ``Common Alloy Aluminum Sheet from Bahrain, 
Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, 
Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, 
and Turkey: Scope Comments Final Decision Memorandum,'' dated 
concurrently with, and hereby adopted by, this notice (Final Scope 
Decision Memorandum).
---------------------------------------------------------------------------

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Act.\5\
---------------------------------------------------------------------------

    \5\ See Commerce's Letter, ``Countervailing Duty Investigation 
of Common Alloy Aluminum Sheet from India: In Lieu of Verification 
Questionnaire,'' dated December 3, 2020.
---------------------------------------------------------------------------

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation, and the issues raised in

[[Page 13286]]

the case and rebuttal briefs by parties in this investigation, are 
discussed in the Issues and Decision Memorandum. For a list of the 
issues raised by parties, and to which we responded in the Issues and 
Decision Memorandum, see Appendix II of this notice.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Act. For each of the subsidy programs found countervailable, 
Commerce 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.\6\ For a full description 
of the methodology underlying our final determination, see the Issues 
and Decision Memorandum.
---------------------------------------------------------------------------

    \6\ 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.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, we made certain changes to the subsidy rate calculations for 
Hindalco Industries Limited (Hindalco) and Manaksia Aluminium Company 
Limited (MALCO). For a discussion of these changes, see the Issues and 
Decision Memorandum.

All-Others Rate

    Section 705(c)(5)(A) of the Act provides that in the final 
determination, Commerce shall determine an estimated all-others rate 
for companies not individually examined. This rate shall be an amount 
equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
rates that are zero, de minimis, or based entirely under section 776 of 
the Act.
    In this investigation, we continue to calculate the all-others rate 
using the weighted-average of the individual subsidy rates calculated 
for Hindalco and MALCO.\7\
---------------------------------------------------------------------------

    \7\ Both companies reported their respective sales values as 
public information.
---------------------------------------------------------------------------

Final Negative Determination of Critical Circumstances

    Commerce determines that critical circumstances do not exist within 
the meaning of 703(e)(1) of the Act. For further information, see 
Issues and Decision Memorandum.

Final Determination

    Commerce determines that the following countervailable subsidy 
rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                      Producer/exporter                          rate
                                                               (percent)
------------------------------------------------------------------------
Hindalco Industries Limited \8\.............................       35.25
Manaksia Aluminium Company Limited..........................        4.89
All Others..................................................       30.15
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose to interested parties its calculations 
and analysis performed in this final determination within five days of 
its public announcement, or if there is no public announcement, within 
five days of the date of publication of this notice in accordance with 
19 CFR 351.224(b).
---------------------------------------------------------------------------

    \8\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following company to be cross-owned with 
Hindalco: Utkal Alumina International Limited.
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. 
Customs and Border Protection (CBP) to suspend liquidation of entries 
of subject merchandise as described in the scope of the investigation 
section entered, or withdrawn from warehouse, for consumption on or 
after August 14, 2020, the date of publication of the Preliminary 
Determination in the Federal Register. In accordance with section 
703(d) of the Act, effective December 12, 2020, we instructed CBP to 
discontinue the suspension of liquidation of all entries at that time, 
but to continue the suspension of liquidation of all entries from 
August 14, 2020, through December 11, 2020.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order and require 
a cash deposit of estimated countervailing duties for such entries of 
subject merchandise in the amounts indicated above, in accordance with 
section 706(a) of the Act. If the ITC determines that material injury, 
or threat of material injury, does not exist, this proceeding will be 
terminated, and all estimated duties deposited or securities posted as 
a result of the suspension of liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, Commerce will notify 
the ITC of its final affirmative determination that countervailable 
subsidies are being provided to producers and exporters of aluminum 
sheet from India. As Commerce's final determination is affirmative, in 
accordance with section 705(b) of the Act, the ITC will determine, 
within 45 days, whether the domestic industry in the United States is 
materially injured or threatened with material injury. In addition, we 
are making available to the ITC all non-privileged and nonproprietary 
information related to this investigation. We will allow the ITC access 
to all privileged and business proprietary information in our files, 
provided the ITC confirms that it will not disclose such information, 
either publicly or under an administrative protective order (APO), 
without the written consent of the Assistant Secretary for Enforcement 
and Compliance.

Notification Regarding APO

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to the 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/
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 violation which is subject to sanction.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 771(i) of the Act, and 19 CFR 351.210(c).

    Dated: March 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The product covered by this investigation is common alloy 
aluminum sheet, which is a flat-rolled aluminum product having a 
thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or 
cut- to-length, regardless of width. Common alloy sheet within the 
scope of this investigation includes both not clad aluminum sheet, 
as well as multi-alloy, clad aluminum sheet. With respect to not 
clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-
, 3XXX-, or 5XXX-series alloy as designated by the Aluminum 
Association. With respect to multi-alloy, clad aluminum sheet, 
common alloy sheet is produced from a 3XXX-series core, to which 
cladding layers are applied to either one or both sides of the core. 
The use of a proprietary alloy or non-proprietary alloy

[[Page 13287]]

that is not specifically registered by the Aluminum Association as a 
discrete 1XXX-, 3XXX-, or 5XXX-series alloy, but that otherwise has 
a chemistry that is consistent with these designations, does not 
remove an otherwise in-scope product from the scope.
    Common alloy sheet may be made to ASTM specification B209-14 but 
can also be made to other specifications. Regardless of 
specification, however, all common alloy sheet meeting the scope 
description is included in the scope. Subject merchandise includes 
common alloy sheet that has been further processed in a third 
country, including but not limited to annealing, tempering, 
painting, varnishing, trimming, cutting, punching, and/or slitting, 
or any other processing that would not otherwise remove the 
merchandise from the scope of the investigation if performed in the 
country of manufacture of the common alloy sheet.
    Excluded from the scope of this investigation is aluminum can 
stock, which is suitable for use in the manufacture of aluminum 
beverage cans, lids of such cans, or tabs used to open such cans. 
Aluminum can stock is produced to gauges that range from 0.200 mm to 
0.292 mm, and has an H-l9, H-41, H-48, or H-391 temper. In addition, 
aluminum can stock has a lubricant applied to the flat surfaces of 
the can stock to facilitate its movement through machines used in 
the manufacture of beverage cans. Aluminum can stock is properly 
classified under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
    Where the nominal and actual measurements vary, a product is 
within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set for the above.
    Common alloy sheet is currently classifiable under HTSUS 
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000, 
7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, 
merchandise that falls within the scope of this investigation may 
also be entered into the United States under HTSUS subheadings 
7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035, 
7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025, 
7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the scope of this investigation is dispositive.

Appendix II--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Final Negative Determination of Critical Circumstances
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Whether To Exclude the Subsidy Rate for the Provision 
of Coal for Less Than Adequate Remuneration (LTAR) From the All-
Others Rate
    Comment 2: Whether To Reconsider Initiation of New Subsidy 
Allegations (NSAs)
    Comment 3: Whether Commerce Appropriately Initiated the 
Investigation After the Government of India (GOI) Withdrew From 
Consultations
    Comment 4: Whether Commerce Conducted a Selective/Incomplete 
Investigation
    Comment 5: Whether the GOI has an Effective System in Place To 
Confirm Input Consumption
    Comment 6: Whether the Provision of Coal for LTARIs 
Countervailable
    Comment 7: Whether Water for LTAR and Land for LTAR in the State 
of Gujarat Are Countervailable
    Comment 8: Whether To Correct the Consumer Price Index (CPI) 
Rate Used in the Land for LTAR Benefit Calculation
    Comment 9: Whether To Exclude Certain Rebates From the Duty 
Drawback Benefit Calculation
    Comment 10: Whether To Correct the Duty Exemption Rate Used in 
the State Government of Madhya Pradesh (SGMP) Electricity Duty 
Exemption
    Comment 11: Whether To Correct the Benefit Calculation Relating 
to the Export Promotion of Capital Goods Scheme (EPCGS)
    Comment 12: Whether To Adjust the Inland Freight Benchmark Used 
in the Coal for LTAR Benefit Calculation
    Comment 13: Whether To Apply Adverse Facts Available (AFA) to 
MALCO's EPCGS Usage
    Comment 14: Whether To Correct the Discount Rate Used in the 
Export-Oriented Unit (EOU) Scheme Benefit Calculation
IX. Recommendation

[FR Doc. 2021-04728 Filed 3-5-21; 8:45 am]
BILLING CODE 3510-DS-P