Common Alloy Aluminum Sheet From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2021, 50843-50845 [2023-16463]
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Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Notices
countervailing duties required on those
entries at the time of entry, or
withdrawal from warehouse, for
consumption and to continue to collect
the cash deposit previously ordered.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period of
the order, if such a gap period is
applicable to the period of review.
ddrumheller on DSK120RN23PROD with NOTICES1
Establishment of and Updates to the
Annual Inquiry Service List
On September 20, 2021, Commerce
published the final rule titled
‘‘Regulations to Improve Administration
and Enforcement of Antidumping and
Countervailing Duty Laws’’ in the
Federal Register.9 On September 27,
2021, Commerce also published the
notice entitled ‘‘Scope Ruling
Application; Annual Inquiry Service
List; and Informational Sessions’’ in the
Federal Register.10 The Final Rule and
Procedural Guidance provide that
Commerce will maintain an annual
inquiry service list for each order or
suspended investigation, and any
interested party submitting a scope
ruling application or request for
circumvention inquiry shall serve a
copy of the application or request on the
persons on the annual inquiry service
list for that order, as well as any
companion order covering the same
merchandise from the same country of
origin.11
In accordance with the Procedural
Guidance, for orders published in the
Federal Register before November 4,
2021, Commerce created an annual
inquiry service list segment for each
order and suspended investigation.
Interested parties who wished to be
added to the annual inquiry service list
for an order submitted an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS, and on November 4, 2021,
Commerce finalized the initial annual
inquiry service lists for each order and
suspended investigation. Each annual
inquiry service list has been saved as a
public service list in ACCESS, under
each case number, and under a specific
9 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
10 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
11 Id.
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segment type called ‘‘AISL-Annual
Inquiry Service List.’’ 12
As mentioned in the Procedural
Guidance, beginning in January 2022,
Commerce will update these annual
inquiry service lists on an annual basis
when the Opportunity Notice for the
anniversary month of the order or
suspended investigation is published in
the Federal Register.13 Accordingly,
Commerce will update the annual
inquiry service lists for the above-listed
antidumping and countervailing duty
proceedings. All interested parties
wishing to appear on the updated
annual inquiry service list must take
one of the two following actions: (1)
new interested parties who did not
previously submit an entry of
appearance must submit a new entry of
appearance at this time; (2) interested
parties who were included in the
preceding annual inquiry service list
must submit an amended entry of
appearance to be included in the next
year’s annual inquiry service list. For
these interested parties, Commerce will
change the entry of appearance status
from ‘‘Active’’ to ‘‘Needs Amendment’’
for the annual inquiry service lists
corresponding to the above-listed
proceedings. This will allow those
interested parties to make any necessary
amendments and resubmit their entries
of appearance. If no amendments need
to be made, the interested party should
indicate in the area on the ACCESS form
requesting an explanation for the
amendment that it is resubmitting its
entry of appearance for inclusion in the
annual inquiry service list for the
following year. As mentioned in the
Final Rule,14 once the petitioners and
foreign governments have submitted an
entry of appearance for the first time,
they will automatically be added to the
updated annual inquiry service list each
year.
Interested parties have 30 days after
the date of this notice to submit new or
amended entries of appearance.
Commerce will then finalize the annual
inquiry service lists five business days
thereafter. For ease of administration,
please note that Commerce requests that
50843
law firms with more than one attorney
representing interested parties in a
proceeding designate a lead attorney to
be included on the annual inquiry
service list.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 15
Accordingly, as stated above and
pursuant to 19 CFR 351.225(n)(3), the
petitioners and foreign governments
will not need to resubmit their entries
of appearance each year to continue to
be included on the annual inquiry
service list. However, the petitioners
and foreign governments are responsible
for making amendments to their entries
of appearance during the annual update
to the annual inquiry service list in
accordance with the procedures
described above.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: July 21, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–16465 Filed 8–1–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–074]
12 This
segment has been combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
13 See Procedural Guidance, 86 FR at 53206.
14 See Final Rule, 86 FR at 52335.
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Common Alloy Aluminum Sheet From
the People’s Republic of China: Final
Results of Countervailing Duty
Administrative Review; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
AGENCY:
15 Id.
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Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Notices
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.
DATES: Applicable August 2, 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
Commerce published the Preliminary
Results of this administrative review in
the Federal Register on March 7, 2023,
and invited interested parties to
comment.1 On April 17, 2023, we
received a case brief 2 from the domestic
industry.3 On April 24, 2023, we
received a joint rebuttal brief from
Alcha 4 and Yinbang Clad Materials Co.,
Ltd. (Yinbang).5 For a detailed
description of the events that occurred
subsequent to the Preliminary Results,
see the Issues and Decision
Memorandum.6 On June 21, 2023,7 in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act), Commerce extended the deadline
for issuing the final results until July 28,
2023.
changes, see Issues and Decision
Memorandum.
Scope of the Order
Methodology
The product covered by the order is
CAAS from China.8 For a complete
description of the scope of this Order,
see the Issues and Decision
Memorandum.
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Act. For
each of the subsidy programs found
countervailable, we find 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.9 The Issues and
Decision Memorandum contains a full
description of the methodology
underlying Commerce’s conclusions,
including any determination that relied
upon the use of adverse facts available
pursuant to sections 776(a) and (b) of
the Act.
Analysis of Comments Received
All issues raised by interested parties
are addressed in the Issues and Decision
Memorandum. A list of the issues
addressed in the Issues and Decision
Memorandum is provided in the
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade/gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of comments
from interested parties and the evidence
on the record, we revised the
calculation of the net countervailable
subsidy rates for Alcha and Yinbang.
For a discussion of the issues and
Final Results of Administrative Review
In accordance with 19 CFR
351.221(b)(5), 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.
Commerce determines the net
countervailable subsidy rates for the
period January 1, 2021, through
December 31, 2021, are as follows:
Subsidy rate
(percent ad
valorem)
Company
ddrumheller on DSK120RN23PROD with NOTICES1
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.); 10 Baotou Alcha Aluminium
Co., Ltd., Baotou Alcha Aluminum Co., Ltd., Baotou Alcha North Aluminum Co., Ltd., and Baotou Changlv Northern Aluminium
Industry Co., Ltd.; 11 and Jiangsu Alcha New Energy Materials Co., Ltd 12 .......................................................................................
1 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Preliminary Results of
Countervailing Duty Administrative Review; 2021,
88 FR 14127 (March 7, 2023) (Preliminary Results),
and accompanying Preliminary Decision
Memorandum.
2 See Domestic Industry’s Letter, ‘‘Case Brief,’’
dated April 17, 2023.
3 The domestic industry is represented by the
Aluminum Association Common Alloy Aluminum
Sheet Trade Enforcement Working Group and its
individual members are: Arconic Corporation;
Commonwealth Rolled Products, Inc.; Constellium
Rolled Products Ravenswood, LLC; Jupiter
Aluminum Corporation; JW Aluminum Company;
and Novelis Corporation.
4 The ‘‘Alcha’’ companies include the following:
Alcha International Holdings Limited (Alcha
International); Jiangsu Alcha Aluminium Group
Co., Ltd. (Jiangsu Alcha); Baotou Alcha Aluminium
Co., Ltd. (Baotou Alcha); and Jiangsu Alcha New
Energy Materials Co., Ltd. (Alcha Materials). We
refer to Alcha International, Jiangsu Alcha, Baotou
Alcha, and Jiangsu Alcha Materials, hereafter,
collectively, ‘‘Alcha.’’
5 See Alcha’s and Yinbang’s Letter, ‘‘Rebuttal
Brief,’’ dated April 24, 2023.
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6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Countervailing Duty Administrative Review of
Common Alloy Aluminum Sheet from the People’s
Republic of China; 2021,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
7 See Memorandum, ‘‘Extension of Deadline for
Final Results of Countervailing Duty Administrative
Review,’’ dated June 21, 2023.
8 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Countervailing Duty
Order, 84 FR 2157 (February 6, 2019) (Order).
9 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.
10 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
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11.25
Aluminium Group Co., Ltd.’’ and ‘‘Jiangsu Alcha
Aluminum Group Co., Ltd.’’ (formerly 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.’’
11 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.’’
12 We find that Baotou Alcha and Alcha Materials
are crossed-owned with Jiangsu Alcha. In addition,
Alcha International is wholly owned by Jiangsu
Alcha. For further discussion, see Preliminary
Decision Memorandum.
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Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Notices
Subsidy rate
(percent ad
valorem)
Company
Yinbang Clad Material Co., Ltd ...............................................................................................................................................................
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.221(b)(2),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review, for the
companies listed above at the applicable
ad valorem assessment rates listed. We
intend to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of these 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).
ddrumheller on DSK120RN23PROD with NOTICES1
Cash Deposit Instructions
In accordance with section 751(a)(1)
of the Act, Commerce intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown 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
administrative 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 as identified in this
notice. These cash deposit
requirements, effective upon
publication of the final results of
review, shall remain in effect until
further notice.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
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19:49 Aug 01, 2023
Jkt 259001
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review
and notice in accordance with sections
751(a)(l) and 777(i)(l) of the Act, and 19
CFR 351.221(b)(5).
Dated: July 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of China’s Economy
V. Use of Facts Otherwise Available and
Application of Adverse Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Changes Since the Preliminary Results
IX. Discussion of the Issues
Comment 1: Whether Commerce Should
Find That Falcon Technology Co., Ltd.
Met the Criteria for Attribution of
Subsidies with Yinbang and Apply an
AFA Subsidy Rate for Each Initiated
Program to Falcon
Comment 2: Whether Commerce Should
Find Alcha and Yinbang Used the Export
Buyer’s Credit Program as Adverse Facts
Available
Comment 3: Whether Commerce Should
Subtract Certain Adjustment Amounts
From Yinbang’s POR Sales Value
Comment 4: Whether Commerce Should
Revise its Calculation of the Benchmark
for Primary Aluminum for Less Than
Adequate Remuneration
Comment 5: Whether Commerce Should
Apply Partial AFA to Jiangsu Alcha and
Include Financing From Non-Reporting
Affiliates as Policy Loans to the Common
Alloy Sheet Industry (Policy Loans to the
CAAS Industry) Program
Comment 6: Whether Commerce Should
Make Certain Adjustments to the
Calculation of Benefit From Certain
Financial Leases of Yinbang Under
Policy Loans to the CAAS Industry
Comment 7: Whether Commerce Should
Make Certain Revisions to Its Calculation
of Baotou Alcha’s Benefits From Policy
Loans to the CAAS Industry
Comment 8: Whether Commerce Should
Make Certain Revisions to Its Calculation
for Provision of Electricity for LTAR
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12.21
X. Recommendation
[FR Doc. 2023–16463 Filed 8–1–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD198]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Groundfish Committee to consider
actions affecting New England fisheries
in the exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This hybrid meeting will be held
on Thursday, August 17, 2023, at 9:30
a.m.
ADDRESSES: This meeting will be held at
the Four Points by Sheraton, One
Audubon Road, Wakefield, MA 01880;
telephone: (781) 245–9300.
Webinar registration URL
information: https://
attendee.gotowebinar.com/register/
3030861409128586587.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Agenda
The Groundfish Committee will meet
to discuss Framework Adjustment on
Acceptable Biological Catches (ABC)
Control Rules including a facilitated
session with members of the Groundfish
Committee, Scientific and Statistical
Committee, Groundfish Plan
Development Team, Groundfish and
Recreational Advisory Panels, the Risk
Policy Working Group, and the public to
discuss developing draft goals and
E:\FR\FM\02AUN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Pages 50843-50845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16463]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-074]
Common Alloy Aluminum Sheet From the People's Republic of China:
Final 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) determines that
[[Page 50844]]
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.
DATES: Applicable August 2, 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
Commerce published the Preliminary Results of this administrative
review in the Federal Register on March 7, 2023, and invited interested
parties to comment.\1\ On April 17, 2023, we received a case brief \2\
from the domestic industry.\3\ On April 24, 2023, we received a joint
rebuttal brief from Alcha \4\ and Yinbang Clad Materials Co., Ltd.
(Yinbang).\5\ For a detailed description of the events that occurred
subsequent to the Preliminary Results, see the Issues and Decision
Memorandum.\6\ On June 21, 2023,\7\ in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce
extended the deadline for issuing the final results until July 28,
2023.
---------------------------------------------------------------------------
\1\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Preliminary Results of Countervailing Duty Administrative
Review; 2021, 88 FR 14127 (March 7, 2023) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Domestic Industry's Letter, ``Case Brief,'' dated April
17, 2023.
\3\ The domestic industry is represented by the Aluminum
Association Common Alloy Aluminum Sheet Trade Enforcement Working
Group and its individual members are: Arconic Corporation;
Commonwealth Rolled Products, Inc.; Constellium Rolled Products
Ravenswood, LLC; Jupiter Aluminum Corporation; JW Aluminum Company;
and Novelis Corporation.
\4\ The ``Alcha'' companies include the following: Alcha
International Holdings Limited (Alcha International); Jiangsu Alcha
Aluminium Group Co., Ltd. (Jiangsu Alcha); Baotou Alcha Aluminium
Co., Ltd. (Baotou Alcha); and Jiangsu Alcha New Energy Materials
Co., Ltd. (Alcha Materials). We refer to Alcha International,
Jiangsu Alcha, Baotou Alcha, and Jiangsu Alcha Materials, hereafter,
collectively, ``Alcha.''
\5\ See Alcha's and Yinbang's Letter, ``Rebuttal Brief,'' dated
April 24, 2023.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Common Alloy Aluminum Sheet from the People's Republic of China;
2021,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
\7\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated June 21, 2023.
---------------------------------------------------------------------------
Scope of the Order
The product covered by the order is CAAS from China.\8\ For a
complete description of the scope of this Order, see the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
\8\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019)
(Order).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised by interested parties are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is provided in the appendix to this notice. The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic System (ACCESS). ACCESS is
available to registered users at https://access.trade.gov. In addition,
a complete version of the Issues and Decision Memorandum can be
accessed directly at https://access.trade/gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of comments from interested parties and the
evidence on the record, we revised the calculation of the net
countervailable subsidy rates for Alcha and Yinbang. For a discussion
of the issues and changes, see Issues and Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Act. For each of the subsidy programs
found countervailable, we find 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.\9\ The Issues and
Decision Memorandum contains a full description of the methodology
underlying Commerce's conclusions, including any determination that
relied upon the use of adverse facts available pursuant to sections
776(a) and (b) of the Act.
---------------------------------------------------------------------------
\9\ 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.
---------------------------------------------------------------------------
Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), 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.
---------------------------------------------------------------------------
\10\ 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.'' (formerly 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.''
\11\ 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.''
\12\ We find that Baotou Alcha and Alcha Materials are crossed-
owned with Jiangsu Alcha. In addition, Alcha International is wholly
owned by Jiangsu Alcha. For further discussion, see Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
Commerce determines the net countervailable subsidy rates for the
period January 1, 2021, through December 31, 2021, are as follows:
------------------------------------------------------------------------
Subsidy
rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Alcha International Holdings Limited; Jiangsu Alcha 11.25
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.);
\10\ Baotou Alcha Aluminium Co., Ltd., Baotou Alcha
Aluminum Co., Ltd., Baotou Alcha North Aluminum Co., Ltd.,
and Baotou Changlv Northern Aluminium Industry Co., Ltd.;
\11\ and Jiangsu Alcha New Energy Materials Co., Ltd \12\.
[[Page 50845]]
Yinbang Clad Material Co., Ltd............................. 12.21
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.221(b)(2), Commerce will determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review, for the companies listed above at the applicable ad
valorem assessment rates listed. We intend to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of these 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 Instructions
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown 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 administrative 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
as identified in this notice. These cash deposit requirements,
effective upon publication of the final results of review, shall remain
in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an APO
of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(l) and 777(i)(l)
of the Act, and 19 CFR 351.221(b)(5).
Dated: July 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of China's Economy
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Changes Since the Preliminary Results
IX. Discussion of the Issues
Comment 1: Whether Commerce Should Find That Falcon Technology
Co., Ltd. Met the Criteria for Attribution of Subsidies with Yinbang
and Apply an AFA Subsidy Rate for Each Initiated Program to Falcon
Comment 2: Whether Commerce Should Find Alcha and Yinbang Used
the Export Buyer's Credit Program as Adverse Facts Available
Comment 3: Whether Commerce Should Subtract Certain Adjustment
Amounts From Yinbang's POR Sales Value
Comment 4: Whether Commerce Should Revise its Calculation of the
Benchmark for Primary Aluminum for Less Than Adequate Remuneration
Comment 5: Whether Commerce Should Apply Partial AFA to Jiangsu
Alcha and Include Financing From Non-Reporting Affiliates as Policy
Loans to the Common Alloy Sheet Industry (Policy Loans to the CAAS
Industry) Program
Comment 6: Whether Commerce Should Make Certain Adjustments to
the Calculation of Benefit From Certain Financial Leases of Yinbang
Under Policy Loans to the CAAS Industry
Comment 7: Whether Commerce Should Make Certain Revisions to Its
Calculation of Baotou Alcha's Benefits From Policy Loans to the CAAS
Industry
Comment 8: Whether Commerce Should Make Certain Revisions to Its
Calculation for Provision of Electricity for LTAR
X. Recommendation
[FR Doc. 2023-16463 Filed 8-1-23; 8:45 am]
BILLING CODE 3510-DS-P
