Common Alloy Aluminum Sheet From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review; 2021, 14127-14129 [2023-04569]
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Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices
6. Dart Global Logistics Pvt.
7. Dongguan Good Luck Furniture Industrial
Co., Ltd.
8. Dongguan Good Luck Industrial Co., Ltd.
9. Expeditors International
10. G I Auto Private
11. G.I. Auto Pvt. Ltd.
12. Hilton Metal Forging Limited
13. Jai Auto Pvt. Limited
14. Jay Jagdamba Limited
15. Katariya Steel Distributors
16. Kisaan Die Tech Pvt Ltd.
17. Pradeep Metals Limited
18. Rajan Techno Cast
19. Rajan Techno Cast Pvt. Ltd.
20. Shree Jay Jagdamba Flanges Private
Limited
21. Transworld Enterprises
[FR Doc. 2023–04666 Filed 3–6–23; 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; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies were provided to producers
and exporters of common alloy
aluminum sheet (CAAS) from the
People’s Republic of China (China)
during the period of review (POR),
January 1, 2021, through December 31,
2021. We invite interested parties to
comment on these preliminary results.
DATES: Applicable March 7, 2023.
FOR FURTHER INFORMATION CONTACT:
James R. Hepburn or Scarlet K. Jaldin,
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) 482–1882 or
(202) 482–4275, respectively.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
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Background
On April 12, 2022, Commerce
published in the Federal Register a
notice of initiation of an administrative
review of the countervailing duty order
on CAAS from China with respect to
three companies.1 On September 30,
2022, Commerce extended the deadline
for completion of these preliminary
results until no later than February 28,
2023.2
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as the
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 product covered by the Order is
CAAS from China. For a complete
description of the scope of this Order,
see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
21619, 21635 (April 12, 2022); see also Common
Alloy Aluminum Sheet from the People’s Republic
of China: Countervailing Duty Order, 84 FR 2157
(February 6, 2019) (Order).
2 See Memorandum, ‘‘Extension of the Deadline
for Preliminary Results of Countervailing Duty
Administrative Review; 2021,’’ dated September 30,
2022.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review: Common Alloy Aluminum
Sheet from the People’s Republic of China; 2021,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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14127
Act of 1930, as amended (the Act). For
each of the subsidy programs
preliminarily found to be
countervailable, we preliminarily
determine that there is a subsidy, i.e., a
financial contribution from an authority
that gives rise to a benefit to the
recipient and that the subsidy is
specific.4 For a full description of the
methodology underlying our
preliminary results, including our
reliance, in part, on facts available with
adverse inferences pursuant to sections
776(a) and (b) of the Act, see the
Preliminary Decision Memorandum.
In making these findings, Commerce
relied, in part, on facts available and,
because the Government of China (GOC)
did not respond to the Initial
Questionnaire,5 Commerce finds that
the GOC did not provide necessary
information, as requested. On that basis,
Commerce determines that the GOC did
not act to the best of its ability to
respond to Commerce’s request for
information and, therefore, in reaching
these preliminary results of review, we
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available. For further
information, see the ‘‘Use of Facts
Otherwise Available and Application of
Adverse Inferences’’ section in the
Preliminary Decision Memorandum.
Preliminary Results of Review
In accordance with 19 CFR
351.221(b)(4)(i), Commerce calculated a
countervailable subsidy rate for the
mandatory respondents that are
identified below. Because there are no
other producers or exporters subject to
this review and not selected for
individual examination (i.e., nonselected companies), Commerce does
not need to establish a rate for such
companies in this review.
4 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.
5 See Commerce’s Letter, ‘‘Countervailing Duty
Questionnaire,’’ dated July 13, 2022 (Initial
Questionnaire).
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14128
Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices
Commerce preliminarily determines
the net countervailable subsidy rates for
the period January 1, 2021, through
December 31, 2021, are as follows:
Company
Alcha International Holdings
Limited; Jiangsu Alcha
Aluminium Group Co.,
Ltd., and Jiangsu Alcha
Aluminum Group Co., Ltd.
(both formally known as
Jiangsu Alcha Aluminium
Co., Ltd. or Jiangsu Alcha
Aluminum Co., Ltd.),6
Baotou Alcha Aluminium
Co., Ltd., Baotou Alcha
Aluminum Co., Ltd.,
Baotou Alcha North Aluminum Co., Ltd., and
Baotou Changlv Northern
Aluminium Industry Co.,
Ltd.; 7 and Jiangsu Alcha
New Energy Materials Co.,
Ltd.8 ...................................
Yinbang Clad Material Co.,
Ltd. ....................................
Subsidy rate
(percent ad
valorem)
10.88
11.97
ddrumheller on DSK120RN23PROD with NOTICES1
Assessment Rates
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts
for the producers/exporters shown
above. Upon completion of the
administrative review, consistent with
section 751(a)(1) of the Act and 19 CFR
6 We initiated this review on Jiangsu Alcha
Aluminium Co., Ltd. However, it was reported that
‘‘Jiangsu Alcha Aluminium Co., Ltd.,’’ also known
as ‘‘Jiangsu Alcha Aluminum Co., Ltd.,’’ legally
changed its name to ‘‘Jiangsu Alcha Aluminium
Group Co., Ltd.’’ on May 21, 2019. It was also
reported that both ‘‘Jiangsu Alcha Aluminium
Group Co., Ltd.’’ and ‘‘Jiangsu Alcha Aluminum
Group Co., Ltd.’’ refer to the same entity.
Accordingly, we intend to treat ‘‘Jiangsu Alcha
Aluminium Group Co., Ltd.’’ and ‘‘Jiangsu Alcha
Aluminum Group Co., Ltd.’’ (formally known as
‘‘Jiangsu Alcha Aluminium Co., Ltd.’’ or ‘‘Jiangsu
Alcha Aluminum Co., Ltd.’’) as one entity (Jiangsu
Alcha). For further discussion, see the Preliminary
Decision Memorandum at section ‘‘II. Background.’’
7 It was reported that although the legal name for
one of Jiangsu Alcha’s subsidiaries is ‘‘Baotou
Alcha Aluminium Co., Ltd.,’’ other names (i.e.,
‘‘Baotou Alcha Aluminum Co., Ltd.,’’ ‘‘Baotou
Alcha North Aluminum Co., Ltd.,’’ and ‘‘Baotou
Changlv Northern Aluminium Industry Co., Ltd.’’)
also refer to the same entity due to different English
translations of its Chinese-language name.
Accordingly, we intend to treat ‘‘Baotou Alcha
Aluminium Co., Ltd.,’’ ‘‘Baotou Alcha Aluminum
Co., Ltd.,’’ ‘‘Baotou Alcha North Aluminum Co.,
Ltd.,’’ and ‘‘Baotou Changlv Northern Aluminium
Industry Co., Ltd.’’ as one entity (Baotou Alcha). For
further discussion, see the Preliminary Decision
Memorandum at section ‘‘II. Background.’’
8 We preliminarily find that Baotou and Jiangsu
Alcha New Energy Materials Co., Ltd. are crossedowned with Jiangsu Alcha. In addition, Alcha
International is wholly owned by Jiangsu Alcha. For
further discussion, See Preliminary Decision
Memorandum at section ‘‘B. Attribution of
Subsidies’’ under ‘‘V. Subsidies Valuation.’’
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19:49 Mar 06, 2023
Jkt 259001
351.212(b)(2), Commerce shall
determine, and CBP shall assess,
countervailing duties on all appropriate
entries covered by this review. With
regard to Jiangsu Alcha, we intend to
instruct CBP to assess countervailing
duties on all appropriate entries covered
by this review under both its old and
new names (i.e., ‘‘Jiangsu Alcha
Aluminium Group Co., Ltd.,’’ ‘‘Jiangsu
Alcha Aluminum Group Co., Ltd.,’’
‘‘Jiangsu Alcha Aluminium Co., Ltd.,’’
and ‘‘Jiangsu Alcha Aluminum Co.,
Ltd.’’ Concerning Baotou Alcha, we
intend to instruct CBP to assess
countervailing duties on all appropriate
entries covered by this review for all of
its names identified in this notice.
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 Rates
Pursuant to section 751(a)(1) of the
Act, Commerce intends, upon
publication of the final results, to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts indicated for the producers/
exporters 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. With regard to Jiangsu Alcha,
we intend to instruct CBP to collect cash
deposits of estimated countervailing
duties under its new names (i.e.,
‘‘Jiangsu Alcha Aluminium Group Co.,
Ltd.,’’ ‘‘Jiangsu Alcha Aluminum Group
Co., Ltd.’’). Concerning Baotou Alcha,
we intend to instruct CBP to collect cash
deposits of estimated countervailing
duties under all of its names identified
in this notice. If the rate calculated in
the final results is zero or de minimis,
no cash deposit will be required on
shipments of the subject merchandise
entered or withdrawn from warehouse,
for consumption on or after the date of
publication of final results of this
review. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
Commerce will disclose to interested
parties the calculations performed for
these preliminary results within five
days of the date of publication of this
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Sfmt 4703
notice.9 Interested parties may submit
case briefs no later than 30 days of
publication of the preliminary results of
review.10 Rebuttals to case briefs may be
filed no later than seven days after the
case briefs.11 An electronically-filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.12
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case 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.13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance within 30 days of the
publication date of this notice.14
Requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants and
whether an participant is a foreign
national; and (3) a list of the issues to
be discussed. If a request for a hearing
is made, Commerce intends to hold the
hearing at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Unless the deadline is extended, we
intend to issue the final results of this
administrative review, which will
include our analysis of the issues raised
in the case briefs, within 120 days after
the date of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Notification to Interested Parties
These preliminary results are issued
and published pursuant to sections
751(a)(l) and 777(i)(l) of the Act, and 19
CFR 351.221(b)(4).
9 See
19 CFR 35 l.224(b).
19 CFR 35 l.309(c).
11 See 19 CFR 35 l.309(d).
12 See also Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 17006 (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).
13 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
14 See 19 CFR 351.310(c).
10 See
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Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices
Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy 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. Interest Rate Benchmarks, Discount Rates,
and Benchmarks for Measuring
Adequacy of Remuneration
VII. Use of Facts Otherwise Available and
Application of Adverse Inferences
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023–04569 Filed 3–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–010, C–570–011]
Crystalline Silicon Photovoltaic
Products From the People’s Republic
of China: Preliminary Results of
Changed Circumstances Reviews, and
Intent To Revoke the Antidumping and
Countervailing Duty Orders, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
On August 8, 2022, the U.S.
Department of Commerce (Commerce)
received a request for revocation, in
part, of the antidumping duty (AD) and
countervailing duty (CVD) orders on
crystalline silicon photovoltaic products
(solar products) from the People’s
Republic of China (China), from
Shenzen Hello Tech Energy Co., Ltd.
(Hello Tech) with respect to certain offgrid small portable crystalline silicon
photovoltaic (CSPV) panels as described
below. We preliminary determine to
revoke, in part, the solar products AD
and CVD orders with respect to these
products. Interested parties are invited
to comment on these preliminary
results.
SUMMARY:
ddrumheller on DSK120RN23PROD with NOTICES1
DATES:
Applicable March 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Daniel Alexander, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4313.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
20:34 Mar 06, 2023
Jkt 259001
Background
On February 18, 2015, Commerce
published the AD and CVD orders on
solar products from China.1 On August
8, 2022, Hello Tech, a Chinese producer
and exporter of subject merchandise,
requested that Commerce conduct
changed circumstances reviews (CCR) to
find that it is appropriate to revoke the
Orders, in part, with respect to certain
off-grid small portable CSPV panels,
pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216(b).2 Hello Tech’s
CCR request included a letter from the
American Alliance for Solar
Manufacturing (the Alliance) (a
coalition of domestic producers of solar
cells), which stated that the Alliance did
not oppose Hello Tech’s request for
changed circumstances reviews and its
proposed exclusion language.3 On
September 29, 2022, we published the
notice of initiation of the requested
CCRs.4 In the Initiation Notice we
invited interested parties to provide
comments and/or factual information
regarding these CCRs, including
comments on industry support and the
proposed partial revocation language.5
We received no comments or factual
information.
Scope of the Orders
The merchandise covered by these
Orders is modules, laminates and/or
panels consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including building integrated
materials. For purposes of these Orders,
subject merchandise includes modules,
laminates and/or panels assembled in
China consisting of crystalline silicon
photovoltaic cells produced in a
customs territory other than China.
Subject merchandise includes modules,
laminates and/or panels assembled in
China consisting of crystalline silicon
photovoltaic cells of thickness equal to
or greater than 20 micrometers, having
a p/n junction formed by any means,
1 See Certain Crystalline Silicon Photovoltaic
Products from the People’s Republic of China:
Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 8592 (February
18, 2015) (collectively, Orders).
2 See Hello Tech’s Letter, ‘‘Certain Crystalline
Silicon Photovoltaic Products from the People’s
Republic of China: Hello Tech’s Resubmitted
Request for Changed Circumstances Reviews,’’
dated August 8, 2022 (CCR Request).
3 Id. at Exhibit 7.
4 See Crystalline Silicon Photovoltaic Products
from the People’s Republic of China: Notice of
Initiation of Changed Circumstances Reviews, and
Consideration of Revocation of the Antidumping
and Countervailing Duty Orders in Part, 87 FR
59043 (September 29, 2022) (Initiation Notice).
5 Id., 87 FR at 59044.
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14129
whether or not the cell has undergone
other processing, including, but not
limited to, cleaning, etching, coating,
and/or addition of addition of materials
(including, but not limited to,
metallization and conductor patterns) to
collect and forward the electricity that
is generated by the cell.
Excluded from the scope of the Orders
are thin film photovoltaic products
produced from amorphous silicon (a-Si),
cadmium telluride (CdTe), or copper
indium gallium selenide (CIGS). Also
excluded from the scope of these Orders
are modules, laminates and/or panels
assembled in China, consisting of
crystalline silicon photovoltaic cells,
not exceeding 10,000 mm2 in surface
area, that are permanently integrated
into a consumer good whose function is
other than power generation and that
consumes the electricity generated by
the integrated crystalline silicon
photovoltaic cells. Where more than one
module, laminate and/or panel is
permanently integrated into a consumer
good, the surface area for purposes of
this exclusion shall be the total
combined surface area of all modules,
laminates and/or panels that are
integrated into the consumer good.
Further, also excluded from the scope
of these Orders are any products
covered by the existing antidumping
and countervailing duty orders on
crystalline silicon photovoltaic cells,
whether or not assembled into modules,
laminates and/or panels, from China.
Additionally, excluded from the scope
of these Orders are solar panels that are:
(1) less than 300,000 mm2 in surface
area; (2) less than 27.1 watts in power;
(3) coated across their entire surface
with a polyurethane doming resin; and
(4) joined to a battery charging and
maintaining unit (which is an
acrylonitrile butadiene styrene (ABS)
box that incorporates a light emitting
diode (LED)) by coated wires that
include a connector to permit the
incorporation of an extension cable. The
battery charging and maintaining unit
utilizes high-frequency triangular pulse
waveforms designed to maintain and
extend the life of batteries through the
reduction of lead sulfate crystals. The
above-described battery charging and
maintaining unit is currently available
under the registered trademark
‘‘SolarPulse.’’ Also excluded from the
scope of these Orders are off-grid
crystalline silicon photovoltaic panels
without a glass cover with the following
characteristics: (1) total power output of
500 watts or less per panel; (2)
maximum surface area of 8,000 cm2 per
panel; (3) unit does not include a builtin inverter; (4) unit has visible parallel
grid collector metallic wire lines every
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Agencies
[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14127-14129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04569]
-----------------------------------------------------------------------
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; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to producers
and exporters of common alloy aluminum sheet (CAAS) from the People's
Republic of China (China) during the period of review (POR), January 1,
2021, through December 31, 2021. We invite interested parties to
comment on these preliminary results.
DATES: Applicable March 7, 2023.
FOR FURTHER INFORMATION CONTACT: James R. Hepburn or Scarlet K. Jaldin,
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) 482-1882 or (202)
482-4275, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 12, 2022, Commerce published in the Federal Register a
notice of initiation of an administrative review of the countervailing
duty order on CAAS from China with respect to three companies.\1\ On
September 30, 2022, Commerce extended the deadline for completion of
these preliminary results until no later than February 28, 2023.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 21619, 21635 (April 12, 2022); see
also Common Alloy Aluminum Sheet from the People's Republic of
China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019)
(Order).
\2\ See Memorandum, ``Extension of the Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2021,'' dated
September 30, 2022.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
A list of topics discussed in the Preliminary Decision Memorandum is
included as the 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.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review: Common
Alloy Aluminum Sheet from the People's Republic of China; 2021,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is CAAS from China. For a complete
description of the scope of this Order, see the Preliminary Decision
Memorandum.
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 preliminarily found to be
countervailable, we preliminarily determine that there is a subsidy,
i.e., a financial contribution from an authority that gives rise to a
benefit to the recipient and that the subsidy is specific.\4\ For a
full description of the methodology underlying our preliminary results,
including our reliance, in part, on facts available with adverse
inferences pursuant to sections 776(a) and (b) of the Act, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\4\ 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.
---------------------------------------------------------------------------
In making these findings, Commerce relied, in part, on facts
available and, because the Government of China (GOC) did not respond to
the Initial Questionnaire,\5\ Commerce finds that the GOC did not
provide necessary information, as requested. On that basis, Commerce
determines that the GOC did not act to the best of its ability to
respond to Commerce's request for information and, therefore, in
reaching these preliminary results of review, we drew an adverse
inference where appropriate in selecting from among the facts otherwise
available. For further information, see the ``Use of Facts Otherwise
Available and Application of Adverse Inferences'' section in the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\5\ See Commerce's Letter, ``Countervailing Duty
Questionnaire,'' dated July 13, 2022 (Initial Questionnaire).
---------------------------------------------------------------------------
Preliminary Results of Review
In accordance with 19 CFR 351.221(b)(4)(i), Commerce calculated a
countervailable subsidy rate for the mandatory respondents that are
identified below. 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 a
rate for such companies in this review.
[[Page 14128]]
Commerce preliminarily determines the net countervailable subsidy
rates for the period January 1, 2021, through December 31, 2021, are as
follows:
---------------------------------------------------------------------------
\6\ We initiated this review on Jiangsu Alcha Aluminium Co.,
Ltd. However, it was reported that ``Jiangsu Alcha Aluminium Co.,
Ltd.,'' also known as ``Jiangsu Alcha Aluminum Co., Ltd.,'' legally
changed its name to ``Jiangsu Alcha Aluminium Group Co., Ltd.'' on
May 21, 2019. It was also reported that both ``Jiangsu Alcha
Aluminium Group Co., Ltd.'' and ``Jiangsu Alcha Aluminum Group Co.,
Ltd.'' refer to the same entity. Accordingly, we intend to treat
``Jiangsu Alcha Aluminium Group Co., Ltd.'' and ``Jiangsu Alcha
Aluminum Group Co., Ltd.'' (formally known as ``Jiangsu Alcha
Aluminium Co., Ltd.'' or ``Jiangsu Alcha Aluminum Co., Ltd.'') as
one entity (Jiangsu Alcha). For further discussion, see the
Preliminary Decision Memorandum at section ``II. Background.''
\7\ It was reported that although the legal name for one of
Jiangsu Alcha's subsidiaries is ``Baotou Alcha Aluminium Co.,
Ltd.,'' other names (i.e., ``Baotou Alcha Aluminum Co., Ltd.,''
``Baotou Alcha North Aluminum Co., Ltd.,'' and ``Baotou Changlv
Northern Aluminium Industry Co., Ltd.'') also refer to the same
entity due to different English translations of its Chinese-language
name. Accordingly, we intend to treat ``Baotou Alcha Aluminium Co.,
Ltd.,'' ``Baotou Alcha Aluminum Co., Ltd.,'' ``Baotou Alcha North
Aluminum Co., Ltd.,'' and ``Baotou Changlv Northern Aluminium
Industry Co., Ltd.'' as one entity (Baotou Alcha). For further
discussion, see the Preliminary Decision Memorandum at section ``II.
Background.''
\8\ We preliminarily find that Baotou and Jiangsu Alcha New
Energy Materials Co., Ltd. are crossed-owned with Jiangsu Alcha. In
addition, Alcha International is wholly owned by Jiangsu Alcha. For
further discussion, See Preliminary Decision Memorandum at section
``B. Attribution of Subsidies'' under ``V. Subsidies Valuation.''
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Alcha International Holdings Limited; Jiangsu Alcha 10.88
Aluminium Group Co., Ltd., and Jiangsu Alcha Aluminum
Group Co., Ltd. (both formally known as Jiangsu Alcha
Aluminium Co., Ltd. or Jiangsu Alcha Aluminum Co.,
Ltd.),\6\ Baotou Alcha Aluminium Co., Ltd., Baotou
Alcha Aluminum Co., Ltd., Baotou Alcha North Aluminum
Co., Ltd., and Baotou Changlv Northern Aluminium
Industry Co., Ltd.; \7\ and Jiangsu Alcha New Energy
Materials Co., Ltd.\8\.................................
Yinbang Clad Material Co., Ltd.......................... 11.97
------------------------------------------------------------------------
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts for the producers/exporters shown
above. Upon completion of the administrative review, consistent with
section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. With regard to Jiangsu
Alcha, we intend to instruct CBP to assess countervailing duties on all
appropriate entries covered by this review under both its old and new
names (i.e., ``Jiangsu Alcha Aluminium Group Co., Ltd.,'' ``Jiangsu
Alcha Aluminum Group Co., Ltd.,'' ``Jiangsu Alcha Aluminium Co.,
Ltd.,'' and ``Jiangsu Alcha Aluminum Co., Ltd.'' Concerning Baotou
Alcha, we intend to instruct CBP to assess countervailing duties on all
appropriate entries covered by this review for all of its names
identified in this notice. 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 Rates
Pursuant to section 751(a)(1) of the Act, Commerce intends, upon
publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts indicated
for the producers/exporters 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. With
regard to Jiangsu Alcha, we intend to instruct CBP to collect cash
deposits of estimated countervailing duties under its new names (i.e.,
``Jiangsu Alcha Aluminium Group Co., Ltd.,'' ``Jiangsu Alcha Aluminum
Group Co., Ltd.''). Concerning Baotou Alcha, we intend to instruct CBP
to collect cash deposits of estimated countervailing duties under all
of its names identified in this notice. If the rate calculated in the
final results is zero or de minimis, no cash deposit will be required
on shipments of the subject merchandise entered or withdrawn from
warehouse, for consumption on or after the date of publication of final
results of this review. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
Disclosure and Public Comment
Commerce will disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice.\9\ Interested parties may submit case
briefs no later than 30 days of publication of the preliminary results
of review.\10\ Rebuttals to case briefs may be filed no later than
seven days after the case briefs.\11\ An electronically-filed document
must be received successfully in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the established deadline. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\12\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 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.\13\
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\9\ See 19 CFR 35 l.224(b).
\10\ See 19 CFR 35 l.309(c).
\11\ See 19 CFR 35 l.309(d).
\12\ See also Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
17006 (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).
\13\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance within 30 days of the publication date of
this notice.\14\ Requests should contain: (1) the party's name,
address, and telephone number; (2) the number of participants and
whether an participant is a foreign national; and (3) a list of the
issues to be discussed. If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless the deadline is extended, we intend to issue the final
results of this administrative review, which will include our analysis
of the issues raised in the case briefs, within 120 days after the date
of publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR 351.221(b)(4).
[[Page 14129]]
Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy 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. Interest Rate Benchmarks, Discount Rates, and Benchmarks for
Measuring Adequacy of Remuneration
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023-04569 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-DS-P