Common Alloy Aluminum Sheet From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2020, 12429-12431 [2022-04608]
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Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously investigated or
reviewed companies not covered in this
review, the cash deposit rate will
continue to be the company-specific
cash deposit rate published for the most
recently completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, or the lessthan-fair-value (LTFV) investigation, but
the manufacturer is, then the cash
deposit rate will be the rate established
for the most recent segment for the
manufacturer of the merchandise; and
(4) the cash deposit rate for all other
manufacturers or exporters will
continue to be 12.45 percent, the allothers rate established in the LTFV
investigation.9 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.10
lotter on DSK11XQN23PROD with NOTICES1
Verification
On July 12, 2021, Commerce received
a request from domestic producers
Carpenter Technology Corporation,
Crucible Industries LLC, Electralloy, a
Division of G.O. Carlson, Inc., North
American Stainless, Universal Stainless
& Alloy Products, Inc., and Valbruna
Slater Stainless, Inc. (collectively,
Petitioners) to conduct verification of
the responses in this administrative
review.11 As provided in section
782(i)(3) of the Act, Commerce intends
to verify the information relied upon in
the final results. Normally, Commerce
verifies information using standard
procedures, including an on-site
examination of original accounting,
financial, and sales documentation.
However, due to current travel
restrictions in response to the global
COVID–19 pandemic, Commerce is
unable to conduct on-site verification in
this review. Accordingly, we intend to
verify the information relied upon in the
final results through alternative means
in lieu of on-site verification. Commerce
will notify interested parties of any
additional documentation or
information required.
9 See
Notice of Final Determination of Sales at
Less Than Fair Value: Stainless Steel Bar from
India, 59 FR 66915, 66921 (December 28, 1994).
10 See 19 CFR 351.224(b).
11 See Petitioners’ Letter, ‘‘Petitioners’ Request for
Verification,’’ dated July 12, 2021.
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Public Comment
Because Commerce intends to
conduct verification after these
preliminary results, interested parties
will be provided an opportunity to
submit written comments (case briefs) at
a date to be determined by Commerce
and rebuttal comments (rebuttal briefs)
within seven days after the time limit
for filing case briefs.12 Pursuant to 19
CFR 351.309(d)(2), rebuttal briefs must
be limited to issues raised in the case
briefs.13 Commerce modified certain of
its requirements for serving documents
containing business proprietary
information until further notice.14
Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.15
Unless the deadline is extended,
Commerce intends to issue the final
results of this 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, pursuant to section 751(a)(3)(A)
of the Act and 19 CFR 351.213(h).
Final Results
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis
raised in any written briefs, no later
than 120 days after the publication of
these preliminary results in the Federal
Register, unless otherwise extended.16
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
12 See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).
Interested parties will be notified through ACCESS
regarding the deadline for submitting case briefs;
see also 19 CFR 351.303 (for general filing
requirements); Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (collectively, Temporary
Rule).
13 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
14 See Temporary Rule.
15 See 19 CFR 351.309(c)(2) and (d)(2) and 19 CFR
351.303 (for general filing requirements).
16 See section 751(a)(3)(A) of the Act.
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We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: February 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Administrative
Review
IV. Scope of the Order
V. Affiliation and Collapsing
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2022–04550 Filed 3–3–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–074]
Common Alloy Aluminum Sheet From
the People’s Republic of China:
Preliminary Results of Countervailing
Duty Administrative Review; 2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
common alloy aluminum sheet
(aluminum sheet) from the People’s
Republic of China (China). The period
of review (POR) is January 1, 2020,
through December 31, 2020. Interested
parties are invited to comment on these
preliminary results.
SUMMARY:
DATES:
Applicable March 4, 2022.
FOR FURTHER INFORMATION CONTACT:
Natasia Harrison or Harrison Tanchuck,
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) 482–1240 or
(202) 482–7421, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2021, Commerce
published in the Federal Register a
notice of initiation of an administrative
review of the countervailing duty (CVD)
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Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices
order 1 on aluminum sheet from China.2
On October 20, 2021, Commerce
extended the deadline for the
preliminary results of this review by 117
days to February 25, 2022.3
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 as 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 System (ACCESS). ACCESS
is available to registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx/.
Scope of the Order
The merchandise covered by the
Order is aluminum sheet from China.
For a complete description of the scope
of the Order, see the Preliminary
Decision Memorandum.5
Methodology
lotter on DSK11XQN23PROD with NOTICES1
Commerce is conducting 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 preliminarily find
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
confers a benefit to the recipient, and
that the subsidy is specific.6 For a full
description of the methodology
underlying our preliminary conclusions,
including our reliance, in part, on
adverse facts available (AFA) pursuant
1 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Countervailing Duty
Order, 84 FR 2157 (February 6, 2019) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
17124 (April 1, 2021) (Initiation Notice).
3 See Memorandum, ‘‘Common Alloy Aluminum
Sheet from the People’s Republic of China:
Extension of Deadline for Preliminary Results of
Countervailing Duty Administrative Review; 2020,’’
dated October 20, 2021.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review of Common Alloy
Aluminum Sheet from the People’s Republic of
China; 2020,’’ dated concurrently, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 Id. at section ‘‘Scope of the Order.
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(5)(A)
of the Act regarding specificity.
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17:05 Mar 03, 2022
Jkt 256001
to sections 776(a) and (b) of the Act, see
the Preliminary Decision Memorandum.
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because it finds that the
Government of China (GOC) did not
respond to the Initial CVD
Questionnaire,7 it therefore, did not
provide necessary information, as
requested. Based on that, Commerce has
determined that the GOC did not act to
the best of its ability to respond to
Commerce’s request for information,
and therefore drew an adverse inference
where appropriate in selecting from
among the facts otherwise available. For
further information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
for these preliminary results within five
days of the date of publication of this
notice.10 Interested parties may submit
case briefs no later than 30 days after
the date of publication of these
preliminary results of review.11
Rebuttals to case briefs may be filed no
later than seven days after the case
briefs are filed, and all rebuttal
comments must be limited to comments
raised in the case briefs.12 Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information until further
notice.13
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this review are
encouraged to submit with each
argument: (1) A statement of the issue;
Preliminary Results of Review
(2) a brief summary of the argument;
and (3) a table of authorities.
In accordance with 19 CFR
Pursuant to 19 CFR 351.310(c),
351.221(b)(4)(i), we calculated a
interested parties who wish to request a
countervailable subsidy rate for
hearing must do so within 30 days of
mandatory respondents Jiangsu Alcha
publication of these preliminary results
Aluminum Co., Ltd. and Alcha
by submitting a written request to the
International Holdings Limited. We
determined the countervailable subsidy Assistant Secretary for Enforcement and
Compliance using Enforcement and
rate for Yinbang Clad Material Co., Ltd.
Compliance’s ACCESS system.14
based entirely on AFA, in accordance
Requests should contain the party’s
with section 776 of the Act. Because
name, address, and telephone number,
there are no other producers or
the number of participants, whether any
exporters subject to this review and not
selected for individual examination (i.e., participant is a foreign national, and a
list of the issues to be discussed. Issues
non-selected companies), Commerce
addressed at the hearing will be limited
does not need to establish the rate for
to those raised in the briefs. If a request
non-selected companies in this review.
for a hearing is made, Commerce
Commerce preliminarily determines
intends to hold the hearing at a time and
that, during the POR, the following
date to be determined.15 Parties should
countervailable subsidy rates exist:
confirm by telephone the date and time
of the hearing two days before the
Subsidy
rate
scheduled date.
Company
ad valorem
Parties are reminded that all briefs
(percent)
and hearing requests must be filed
electronically using ACCESS and
Jiangsu Alcha Aluminum Co.,
received successfully in their entirety by
Ltd.8/Alcha International Holdings Limited 9 ...........................
17.33 5:00 p.m. Eastern Time on the due date.
Yinbang Clad Material Co., Ltd ..
* 252.22
Assessment Rate
* Rate based on AFA.
Consistent with section 751(a)(2)(C) of
the Act, upon issuance of the final
Disclosure and Public Comment
results, Commerce shall determine, and
Commerce will disclose to parties to
U.S. Customs and Border Protection
this review the calculations performed
(CBP) shall assess, countervailing duties
7 See Commerce’s Letter, ‘‘Administrative Review
of the Countervailing Duty Order on Common Alloy
Aluminum Sheet from the People’s Republic of
China: Countervailing Duty Questionnaire,’’ dated
May 20, 2021 (Initial CVD Questionnaire).
8 This rate applies to Jiangsu Alcha Aluminum
Co., Ltd. and its cross-owned companies: Baotou
Alcha Aluminum Co., Ltd. and Jiangsu Alcha New
Energy Materials Co., Ltd.
9 We are cumulating the benefits from subsidies
received by Alcha International Holdings Limited,
which exported subject merchandise produced by
Jiangsu Alcha Aluminum Co., Ltd., to the United
States during the POR, with the benefits from
subsidies received by Jiangsu Alcha Aluminum Co.,
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Frm 00008
Fmt 4703
Sfmt 4703
Ltd., during the POR. For further discussion, see the
Preliminary Decision Memorandum at ‘‘Attribution
of Subsides.’’
10 See 19 CFR 351.224(b).
11 See 19 CFR 351.309(c).
12 See 19 CFR 351.309(d).
13 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020);
and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
14 See 19 CFR 351.310(c).
15 See 19 CFR 351.310(d).
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Federal Register / Vol. 87, No. 43 / Friday, March 4, 2022 / Notices
on all appropriate entries covered by
this review. If the assessment rate
calculated in the final results is zero or
de minimis, we will instruct CBP to
liquidate all appropriate entries without
regard to countervailing duties. We
intend 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 Rate
Pursuant to section 751(a)(1) of the
Act, upon issuance of the final results,
Commerce intends to instruct CBP to
collect cash deposits of estimated
countervailing duties in the amounts
indicated for each of the respective
companies listed 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
review, except where the rate calculated
in the final results is zero or de minimis,
no cash deposit will be required. These
cash deposit instructions, when
imposed, shall remain in effect until
further notice.
Final Results of Review
Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, no later than 120 days after
the date of publication of this notice,
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h), unless this
deadline is extended.
Notification to Interested Parties
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.213 and 19 CFR
351.221(b)(4).
Dated: February 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
lotter on DSK11XQN23PROD with NOTICES1
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of China’s Economy
V. Subsidies Valuation
VI. Loan Interest Rate Benchmarks, Discount
Rates, and Benchmarks to Determine the
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17:05 Mar 03, 2022
Jkt 256001
Adequacy of Remuneration
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2022–04608 Filed 3–3–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–073]
Common Alloy Aluminum Sheet From
the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain companies under review
sold subject merchandise at less than
normal value during the period of
review (POR), February 1, 2020, through
January 31, 2021. Interested parties are
invited to comment on these
preliminary results of this review.
DATES: Applicable March 4, 2022.
FOR FURTHER INFORMATION CONTACT:
Frank Schmitt, 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) 482–4880.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 1, 2021, in response to
review requests from multiple parties,
Commerce initiated an administrative
review of the antidumping duty order
on common alloy aluminum sheet
(CAAS) from the People’s Republic of
China (China).1 The POR is February 1,
2020, through January 31, 2021.
On May 18, 2021, Commerce selected
one exporter for individual examination
as a mandatory respondent, Jiangsu
Alcha Aluminum Co., Ltd.2 In the 2018–
2020 administrative review of this
antidumping duty order Commerce
determined that Jiangsu Alcha
Aluminum Co., Ltd., Baotou Alcha
Aluminum Co., Ltd. (Baotou Alcha), and
Alcha International Holdings Limited
(Alcha International) should be treated
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
17124 (April 1, 2021).
2 See Memorandum, ‘‘2020–2021 Antidumping
Administrative Review of Common Alloy
Aluminum Sheet from the People’s Republic of
China: Respondent Selection,’’ dated May 18, 2021.
PO 00000
Frm 00009
Fmt 4703
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12431
as a single entity.3 Additionally,
Commerce determined that Jiangsu
Alcha Aluminum Group Co., Ltd.
(Jiangsu Alcha) is the successor-ininterest to Jiangsu Alcha Aluminum Co.,
Ltd.4 Therefore, the mandatory
respondent in the current administrative
review is the entity of Jiangsu Alcha,
Baotou Alcha, and Alcha International
(collectively, Alcha).
During the course of this review,
Alcha filed responses to Commerce’s
questionnaires and supplemental
questionnaires, and the Aluminum
Association Common Alloy Aluminum
Sheet Trade Enforcement Working
Group and its individual members 5 (the
domestic industry) commented on those
responses. On October 14, 2021,
Commerce extended the time limit for
completing the preliminary results of
this review, until February 25, 2022.6
For details regarding the events that
occurred subsequent to the initiation of
the review, see the Preliminary Decision
Memorandum.7 A list of topics
discussed in the Preliminary Decision
Memorandum is included as an
Appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The merchandise covered by the order
is common alloy aluminum sheet from
China. For a complete description of the
3 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review, Final
Successor-In-Interest Determination, and Final
Determination of No shipments; 2018–2020, 86 FR
74066 (December 29, 2021).
4 Id.
5 The individual members of the Aluminum
Association Common Alloy Aluminum Sheet Trade
Enforcement Working Group are: Aleris Rolled
Products Inc., Arconic Corporation, Commonwealth
Rolled Products, Inc., Constellium Rolled Products
Ravenswood, LLC, Jupiter Aluminum Corporation,
JW Aluminum Company, and Novelis Corporation.
6 See Memorandum, ‘‘2020–2021 Administrative
Review of the Antidumping Duty Order on
Common Alloy Aluminum Sheet from the People’s
Republic of China: Extension of Deadline for
Preliminary Results,’’ dated October 14, 2021.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2020–2021
Antidumping Duty Administrative Review of
Common Alloy Aluminum Sheet from the People’s
Republic of China,’’ issued concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
E:\FR\FM\04MRN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12429-12431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04608]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-074]
Common Alloy Aluminum Sheet From the People's Republic of China:
Preliminary Results of Countervailing Duty Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of common alloy aluminum sheet (aluminum sheet) from the
People's Republic of China (China). The period of review (POR) is
January 1, 2020, through December 31, 2020. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable March 4, 2022.
FOR FURTHER INFORMATION CONTACT: Natasia Harrison or Harrison Tanchuck,
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) 482-1240 or (202)
482-7421, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2021, Commerce published in the Federal Register a
notice of initiation of an administrative review of the countervailing
duty (CVD)
[[Page 12430]]
order \1\ on aluminum sheet from China.\2\ On October 20, 2021,
Commerce extended the deadline for the preliminary results of this
review by 117 days to February 25, 2022.\3\
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 17124 (April 1, 2021) (Initiation
Notice).
\3\ See Memorandum, ``Common Alloy Aluminum Sheet from the
People's Republic of China: Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2020,'' dated
October 20, 2021.
---------------------------------------------------------------------------
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 as 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 System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx/.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Common
Alloy Aluminum Sheet from the People's Republic of China; 2020,''
dated concurrently, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is aluminum sheet from China.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------
\5\ Id. at section ``Scope of the Order.
---------------------------------------------------------------------------
Methodology
Commerce is conducting 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
preliminarily find that there is a subsidy, i.e., a financial
contribution by an ``authority'' that confers a benefit to the
recipient, and that the subsidy is specific.\6\ For a full description
of the methodology underlying our preliminary conclusions, including
our reliance, in part, on adverse facts available (AFA) pursuant to
sections 776(a) and (b) of the Act, see the Preliminary 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(5)(A) of the Act regarding specificity.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that the Government of China
(GOC) did not respond to the Initial CVD Questionnaire,\7\ it
therefore, did not provide necessary information, as requested. Based
on that, Commerce has determined that the GOC did not act to the best
of its ability to respond to Commerce's request for information, and
therefore drew an adverse inference where appropriate in selecting from
among the facts otherwise available. For further information, see ``Use
of Facts Otherwise Available and Adverse Inferences'' in the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See Commerce's Letter, ``Administrative Review of the
Countervailing Duty Order on Common Alloy Aluminum Sheet from the
People's Republic of China: Countervailing Duty Questionnaire,''
dated May 20, 2021 (Initial CVD Questionnaire).
---------------------------------------------------------------------------
Preliminary Results of Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated a
countervailable subsidy rate for mandatory respondents Jiangsu Alcha
Aluminum Co., Ltd. and Alcha International Holdings Limited. We
determined the countervailable subsidy rate for Yinbang Clad Material
Co., Ltd. based entirely on AFA, in accordance with section 776 of the
Act. Because there are no other producers or exporters subject to this
review and not selected for individual examination (i.e., non-selected
companies), Commerce does not need to establish the rate for non-
selected companies in this review.
Commerce preliminarily determines that, during the POR, the
following countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
rate ad
Company valorem
(percent)
------------------------------------------------------------------------
Jiangsu Alcha Aluminum Co., Ltd.\8\/Alcha International 17.33
Holdings Limited \9\.......................................
Yinbang Clad Material Co., Ltd.............................. * 252.22
------------------------------------------------------------------------
* Rate based on AFA.
Disclosure and Public Comment
Commerce will disclose to parties to this review the calculations
performed for these preliminary results within five days of the date of
publication of this notice.\10\ Interested parties may submit case
briefs no later than 30 days after the date of publication of these
preliminary results of review.\11\ Rebuttals to case briefs may be
filed no later than seven days after the case briefs are filed, and all
rebuttal comments must be limited to comments raised in the case
briefs.\12\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\13\
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\8\ This rate applies to Jiangsu Alcha Aluminum Co., Ltd. and
its cross-owned companies: Baotou Alcha Aluminum Co., Ltd. and
Jiangsu Alcha New Energy Materials Co., Ltd.
\9\ We are cumulating the benefits from subsidies received by
Alcha International Holdings Limited, which exported subject
merchandise produced by Jiangsu Alcha Aluminum Co., Ltd., to the
United States during the POR, with the benefits from subsidies
received by Jiangsu Alcha Aluminum Co., Ltd., during the POR. For
further discussion, see the Preliminary Decision Memorandum at
``Attribution of Subsides.''
\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c).
\12\ See 19 CFR 351.309(d).
\13\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit
case briefs or rebuttal briefs in this review are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must do so within 30 days of publication of these
preliminary results by submitting a written request to the Assistant
Secretary for Enforcement and Compliance using Enforcement and
Compliance's ACCESS system.\14\ Requests should contain the party's
name, address, and telephone number, the number of participants,
whether any participant is a foreign national, and a list of the issues
to be discussed. Issues addressed at the hearing will be limited to
those raised in the briefs. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined.\15\ Parties should confirm by telephone the date and time
of the hearing two days before the scheduled date.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS and received successfully in their
entirety by 5:00 p.m. Eastern Time on the due date.
Assessment Rate
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, countervailing duties
[[Page 12431]]
on all appropriate entries covered by this review. If the assessment
rate calculated in the final results is zero or de minimis, we will
instruct CBP to liquidate all appropriate entries without regard to
countervailing duties. We intend 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 Rate
Pursuant to section 751(a)(1) of the Act, upon issuance of the
final results, Commerce intends to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts indicated
for each of the respective companies listed 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 review, except where the rate calculated in the final results is
zero or de minimis, no cash deposit will be required. These cash
deposit instructions, when imposed, shall remain in effect until
further notice.
Final Results of Review
Commerce intends to issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, no later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h), unless this deadline is extended.
Notification to Interested Parties
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213
and 19 CFR 351.221(b)(4).
Dated: February 25, 2022.
Lisa W. Wang,
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. Diversification of China's Economy
V. Subsidies Valuation
VI. Loan Interest Rate Benchmarks, Discount Rates, and Benchmarks to
Determine the Adequacy of Remuneration
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2022-04608 Filed 3-3-22; 8:45 am]
BILLING CODE 3510-DS-P
