Common Alloy Aluminum Sheet From India: Preliminary Results of Countervailing Duty Administrative Review and Partial Rescission; 2020-2021, 28487-28489 [2023-09425]
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Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
estimated antidumping duties, where
applicable. 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).
Finally, for the companies for which
we are rescinding this administrative
review, antidumping duties shall be
assessed at rates equal to the cash
deposit of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment
instructions directly to CBP no earlier
than 35 days after the date of
publication of this notice in the Federal
Register.
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on, or after, the
publication date of the final results of
review, as provided for by section
751(a)(2)(C) of the Act: (1) for Dongyuan
and Yingao, the cash deposit rates will
be equal to the weighted-average
dumping margins established in the
final results of this review (except, if the
dumping margin is zero or de minimis,
then the cash deposit rate will be zero);
(2) for a previously investigated or
reviewed exporter of subject
merchandise not listed in the final
results of review that has a separate rate,
the cash deposit rate will continue to be
the exporter’s existing cash deposit rate;
(3) for all Chinese exporters of subject
merchandise that do not have a separate
rate, the cash deposit rate will be the
cash deposit rate established for the
China-wide entity, i.e., 76.45 percent; 11
and (4) for all exporters of subject
merchandise that are not located in
China and that are not eligible for a
separate rate, the cash deposit rate will
be the rate applicable to the China
exporter(s) that supplied that nonChinese exporter. These deposit
11 See Order, 78 FR 21592, adjusted for export
subsidies as outlined in Final Determination, 78 FR
13019.
VerDate Sep<11>2014
17:12 May 03, 2023
Jkt 259001
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 in
the Federal Register.12
Public Comment
Interested parties may submit case
briefs to Commerce no later than seven
days after the date of the last
verification report issued in this
administrative review.13 Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed no later than seven
days after the time limit for filing case
briefs.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 Case and
rebuttal briefs should be filed using
ACCESS.16 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.17
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS within 30 days after the date of
publication of this notice.18 Hearing
requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing.19
Verification
As provided in section 782(i)(3) of the
Act, Commerce intends to verify the
information relied upon for its final
results.
Final Results
Commerce intends to issue the final
results of this administrative review,
12 See
19 CFR 351.224(b).
19 CFR 351.309(c).
14 Commerce is exercising its discretion, under 19
CFR 351.309(d)(1), to alter the time limit for filing
of rebuttal briefs.
15 See 19 CFR 351.309(c)(2) and (d)(2).
16 See 19 CFR 351.303.
17 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
18 See 19 CFR 351.310(c).
19 See 19 CFR 351.310(d).
13 See
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Sfmt 4703
28487
including the results of its analysis
raised in any written briefs, not later
than 120 days after the publication of
these preliminary results in the Federal
Register, unless otherwise extended.20
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
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 and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, 19 CFR 351.213, and 19 CFR
351.221(b)(4).
Dated: April 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023–09429 Filed 5–3–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–896]
Common Alloy Aluminum Sheet From
India: Preliminary Results of
Countervailing Duty Administrative
Review and Partial Rescission; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that producers/exporters of
AGENCY:
20 See
E:\FR\FM\04MYN1.SGM
section 751(a)(3)(A) of the Act.
04MYN1
28488
Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
common alloy aluminum sheet
(aluminum sheet) from India received
countervailable subsidies during the
period of review (POR) August 14, 2020,
through December 31, 2021. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable May 4, 2023.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros, AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4725.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2021, Commerce
published the countervailing duty order
on aluminum sheet from India.1 On
June 9, 2022, Commerce published in
the Federal Register a notice of
initiation of an administrative review of
the Order.2 On December 5, 2022,
Commerce extended the deadline for the
preliminary results of this
administrative review until April 28,
2023.3
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 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 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 accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Rescission of Administrative Review, In
Part
Pursuant to 19 CFR 351.213(d)(3),
Commerce’s practice is to rescind an
administrative review of a
countervailing duty order when there
are no reviewable entries of subject
merchandise during the POR for which
liquidation is suspended.5 Normally,
upon completion of an administrative
review, the suspended entries are
liquidated at the countervailing duty
assessment rate calculated for the
review period.6 Therefore, for an
administrative review of a company to
be conducted, there must be a
reviewable, suspended entry that
Commerce can instruct U.S. Customs
and Border Protection (CBP) to liquidate
at the calculated countervailing duty
assessment rate calculated for the
review period.7
According to the CBP import data,
one company, Virgo Aluminum Limited
(Virgo), did not have a reviewable entry
of subject merchandise during the POR
for which liquidation is suspended.8
Therefore, we notified interested parties
that we intended to rescind this
administrative review with respect to
Virgo and provided parties an
opportunity to submit comments,
including factual information to
demonstrate whether there were
reviewable entries during the POR for
Virgo.9 We received comments from
Virgo on our intent to rescind this
review.10 However, in response to
Commerce’s supplemental
questionnaire, Virgo was unable to
provide evidence of an entry of subject
merchandise during the POR.11
Therefore, in the absence of reviewable,
suspended entries of subject
merchandise during the POR, in
accordance with 19 CFR 351.213(d)(3),
we are rescinding this administrative
review with respect to Virgo. For further
discussion, see the Preliminary Decision
Memorandum.
Scope of the Order
The merchandise covered by this
Order is aluminum sheet from India. For
a complete description of the scope of
the Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(l)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found to be countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.12 For a
full description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
As a result of this review, we
preliminarily determine that, for 2020
and 2021, the following estimated
countervailable subsidy rates exist:
Subsidy rate
2020
(percent ad
valorem)
Company
ddrumheller on DSK120RN23PROD with NOTICES1
Hindalco Industries Limited 13 ..................................................................................................................................
37.90
Subsidy rate
2021
(percent ad
valorem)
32.43
Assessment Rates
Consistent with section 751(a)(2)(C) of
the Act and 19 CFR 351.212(b)(2), upon
issuance of the final results, Commerce
shall determine, and CBP shall assess,
countervailing duties on all appropriate
entries covered by this review.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
1 See Common Alloy Aluminum Sheet from
Bahrain, India, and the Republic of Turkey:
Countervailing Duty Orders, 86 FR 22144 (April 27,
2021) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
35165 (June 9, 2022).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review; 2020–2021,’’ dated
December 5, 2022.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review of Common Alloy
Aluminum Sheet from India; 2020–2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
5 See, e.g., Lightweight Thermal Paper from the
People’s Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review; 2015,
82 FR 14349 (March 20, 2017); see also Circular
Welded Carbon Quality Steel Pipe from the People’s
Republic of China: Rescission of Countervailing
Duty Administrative Review; 2017, 84 FR 14650
(April 11, 2019).
6 See 19 CFR 351.212(b)(2).
7 See 19 CFR 351.213(d)(3).
8 See Memorandum, ‘‘Release of Customs and
Border Protection Data Query,’’ dated June 9, 2022.
9 See Memorandum, ‘‘Notice of Intent to Rescind
Review, In Part,’’ dated July 6, 2022.
10 See Virgo’s Letter, ‘‘Virgo’ Comments
Commerce’s Intent to Rescind the Administrative
Review,’’ dated July 25, 2022.
11 See Virgo’s Letter, ‘‘Supplemental Response,’’
dated September 26, 2022, at 1.
12 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.
13 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
company to be cross-owned with Hindalco
Industries Limited (Hindalco): Utkal Alumina
International Limited.
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17:12 May 03, 2023
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Fmt 4703
Sfmt 4703
E:\FR\FM\04MYN1.SGM
04MYN1
Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
For Virgo, the company for which we
are rescinding this administrative
review, Commerce will instruct CBP to
assess countervailing duties on all
appropriate entries at a rate equal to the
cash deposit of estimated countervailing
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period August
14, 2020, through December 31, 2021, in
accordance with 19 CFR 351.212(c)(l)(i).
Commerce intends to issue appropriate
assessment instructions directly to CBP
no earlier than 35 days after the date of
publication of this notice in the Federal
Register.
Cash Deposit Requirements
Pursuant to section 751(a)(1) of the
Act, Commerce also intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amounts calculated for the year 2021 for
Hindalco with regard to shipments of
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, CBP
will continue to collect cash deposits of
estimated countervailing duties at the
all-others rate or the most recent
company-specific rate applicable to the
company, as appropriate. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Disclosure
Commerce intends to disclose to
parties to this proceeding the
calculations performed in reaching the
preliminary results within five days of
the date of publication of these
preliminary results, in accordance with
19 CFR 351.224(b).
ddrumheller on DSK120RN23PROD with NOTICES1
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 30 days after
the date of publication of the
preliminary results. Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than seven
days after the deadline date for case
briefs after the deadline date for case
VerDate Sep<11>2014
17:12 May 03, 2023
Jkt 259001
briefs.14 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.
All briefs must be filed electronically
using ACCESS. An electronically filed
document must be received successfully
in its entirety using ACCESS by 5:00
p.m. Eastern Time on the established
deadline. Note that Commerce has
temporarily modified certain of its
requirements for service documents
containing business proprietary
information, until further notice.15
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 do so
within 30 days after the publication of
these preliminary results by submitting
a written request to the Assistant
Secretary for Enforcement and
Compliance using ACCESS. Requests
should contain the party’s name,
address, and telephone number, 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 will
inform parties of the scheduled date for
the hearing.16
Unless the deadline is extended,
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)(1).
Notification to Interested Parties
These preliminary results are issued
and published pursuant to sections
751(a) and 777(i) of the Act and 19 CFR
351.221(b)(4) and 351.213(d)(4).
Dated: April 27, 2023.
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. Rescission of Administrative Review, In
Part
V. Subsidies Valuation
14 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
15 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
16 See 19 CFR 351.310.
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28489
VI. Benchmarks and Discount Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2023–09425 Filed 5–3–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Rice University, et al.; Application(s)
for Duty-Free Entry of Scientific
Instruments
Pursuant to section 6(c) of the
Educational, Scientific and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by Pub. L. 106–
36; 80 Stat. 897; 15 CFR part 301), we
invite comments on the question of
whether instruments of equivalent
scientific value, for the purposes for
which the instruments shown below are
intended to be used, are being
manufactured in the United States.
Comments must comply with 15 CFR
301.5(a)(3) and (4) of the regulations and
be postmarked on or before May 24,
2023. Address written comments to
Statutory Import Programs Staff, Room
3720, U.S. Department of Commerce,
Washington, DC 20230. Please also
email a copy of those comments to
Dianne.Hanshaw@trade.gov.
Docket Number: 23–005. Applicant:
Rice University, 6100 Main Street,
Houston, TX 77005. Instrument: Fullring Shaped Ultrasonic Transducer
Array. Manufacturer: HEBEI ULSO
TECH CO., LTD., China. Intended Use:
The instrument is intended to be used
in the research of photoacoustic
tomography, which will be used for
photoacoustic signal full-view
detection. The instrument will be
integrated into a customized
photoacoustic imaging system for
visualization of wholebody dynamics
inside small animals for biomedical
applications. For example, the
developed imaging system can be used
to study tumor metastasis, monitor
chemotherapy, and test new drugs. The
overall goal of this research is to
develop a pre-clinical molecular
imaging platform for cancer study. The
instrument will be used for multiple
imaging related undergraduate/graduate
level courses in electrical engineering at
Rice University, including computation
imaging, computer vision, optical
imaging, medical imaging, etc. The
instrument will be integrated into a
customized medical imaging system
consisting of optics, ultrasonic sensing,
data acquisition and image
reconstruction. Each component will be
discussed in related courses. Students
will also tour the research lab and
E:\FR\FM\04MYN1.SGM
04MYN1
Agencies
[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28487-28489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09425]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-896]
Common Alloy Aluminum Sheet From India: Preliminary Results of
Countervailing Duty Administrative Review and Partial Rescission; 2020-
2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that producers/exporters of
[[Page 28488]]
common alloy aluminum sheet (aluminum sheet) from India received
countervailable subsidies during the period of review (POR) August 14,
2020, through December 31, 2021. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable May 4, 2023.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4725.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2021, Commerce published the countervailing duty order
on aluminum sheet from India.\1\ On June 9, 2022, Commerce published in
the Federal Register a notice of initiation of an administrative review
of the Order.\2\ On December 5, 2022, Commerce extended the deadline
for the preliminary results of this administrative review until April
28, 2023.\3\
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from Bahrain, India, and the
Republic of Turkey: Countervailing Duty Orders, 86 FR 22144 (April
27, 2021) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165 (June 9, 2022).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2020-2021,''
dated December 5, 2022.
---------------------------------------------------------------------------
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 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 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 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 India; 2020-2021,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Rescission of Administrative Review, In Part
Pursuant to 19 CFR 351.213(d)(3), Commerce's practice is to rescind
an administrative review of a countervailing duty order when there are
no reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\5\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\6\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct U.S. Customs and Border Protection (CBP) to liquidate at
the calculated countervailing duty assessment rate calculated for the
review period.\7\
---------------------------------------------------------------------------
\5\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); see also
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\6\ See 19 CFR 351.212(b)(2).
\7\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
According to the CBP import data, one company, Virgo Aluminum
Limited (Virgo), did not have a reviewable entry of subject merchandise
during the POR for which liquidation is suspended.\8\ Therefore, we
notified interested parties that we intended to rescind this
administrative review with respect to Virgo and provided parties an
opportunity to submit comments, including factual information to
demonstrate whether there were reviewable entries during the POR for
Virgo.\9\ We received comments from Virgo on our intent to rescind this
review.\10\ However, in response to Commerce's supplemental
questionnaire, Virgo was unable to provide evidence of an entry of
subject merchandise during the POR.\11\ Therefore, in the absence of
reviewable, suspended entries of subject merchandise during the POR, in
accordance with 19 CFR 351.213(d)(3), we are rescinding this
administrative review with respect to Virgo. For further discussion,
see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ See Memorandum, ``Release of Customs and Border Protection
Data Query,'' dated June 9, 2022.
\9\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated July 6, 2022.
\10\ See Virgo's Letter, ``Virgo' Comments Commerce's Intent to
Rescind the Administrative Review,'' dated July 25, 2022.
\11\ See Virgo's Letter, ``Supplemental Response,'' dated
September 26, 2022, at 1.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this Order is aluminum sheet from India.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found to be countervailable, Commerce
preliminarily determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\12\ For a full description
of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\12\ 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.
---------------------------------------------------------------------------
Preliminary Results of Review
As a result of this review, we preliminarily determine that, for
2020 and 2021, the following estimated countervailable subsidy rates
exist:
------------------------------------------------------------------------
Subsidy rate Subsidy rate
Company 2020 (percent 2021 (percent
ad valorem) ad valorem)
------------------------------------------------------------------------
Hindalco Industries Limited \13\........ 37.90 32.43
------------------------------------------------------------------------
Assessment Rates
---------------------------------------------------------------------------
\13\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following company to be cross-owned with
Hindalco Industries Limited (Hindalco): Utkal Alumina International
Limited.
---------------------------------------------------------------------------
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. Commerce intends to issue
assessment instructions to CBP no earlier than 35
[[Page 28489]]
days after the date of publication of the final results of this review
in the Federal Register. If a timely summons is filed at the U.S. Court
of International Trade, the assessment instructions will direct CBP not
to liquidate relevant entries until the time for parties to file a
request for a statutory injunction has expired (i.e., within 90 days of
publication).
For Virgo, the company for which we are rescinding this
administrative review, Commerce will instruct CBP to assess
countervailing duties on all appropriate entries at a rate equal to the
cash deposit of estimated countervailing duties required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
August 14, 2020, through December 31, 2021, in accordance with 19 CFR
351.212(c)(l)(i). Commerce intends to issue appropriate assessment
instructions directly to CBP no earlier than 35 days after the date of
publication of this notice in the Federal Register.
Cash Deposit Requirements
Pursuant to section 751(a)(1) of the Act, Commerce also intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts calculated for the year 2021 for Hindalco with
regard to shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this review. For all non-reviewed firms, CBP will
continue to collect cash deposits of estimated countervailing duties at
the all-others rate or the most recent company-specific rate applicable
to the company, as appropriate. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Disclosure
Commerce intends to disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results, in
accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary results. Rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than seven days after the deadline date for case briefs after the
deadline date for case briefs.\14\ 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.
All briefs must be filed electronically using ACCESS. An electronically
filed document must be received successfully in its entirety using
ACCESS by 5:00 p.m. Eastern Time on the established deadline. Note that
Commerce has temporarily modified certain of its requirements for
service documents containing business proprietary information, until
further notice.\15\
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\14\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\15\ See 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 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must do so within 30 days after the publication of these
preliminary results by submitting a written request to the Assistant
Secretary for Enforcement and Compliance using ACCESS. Requests should
contain the party's name, address, and telephone number, 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 will inform parties of the scheduled date for the
hearing.\16\
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\16\ See 19 CFR 351.310.
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Unless the deadline is extended, 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)(1).
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a) and 777(i) of the Act and 19 CFR 351.221(b)(4) and
351.213(d)(4).
Dated: April 27, 2023.
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. Rescission of Administrative Review, In Part
V. Subsidies Valuation
VI. Benchmarks and Discount Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2023-09425 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P