Common Alloy Aluminum Sheet From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2022, 71881-71883 [2024-19832]
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Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Notices
publication of the notice of the final
results of the administrative review for
all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results, as provided by section 751(a)(2)
of the Act: (1) the cash deposit rate for
each company listed above will be equal
to the dumping margins established in
the final results of this review, except if
the ultimate rate is de minimis within
the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rates will
be zero; (2) for merchandise exported by
producers or exporters not covered in
this administrative review but covered
in a prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the producer or
exporter participated; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original LTFV
investigation but the producer is, then
the cash deposit rate will be the rate
established for the most recently
completed segment of the proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 11.04 percent, the all-others rate
established in the Third Amended Final
Determination.21 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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 duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
ddrumheller on DSK120RN23PROD with NOTICES1
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, 19
CFR 351.213(h)(2), and 19 CFR
351.221(b)(4).
21 See Third Amended Final Determination, 88
FR at 58247.
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Dated: August 5, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Review, In Part
V. Companies Not Selected for Individual
Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2024–19717 Filed 9–3–24; 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: Final
Results of Countervailing Duty
Administrative Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) 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, 2022, through December 31,
2022.
DATES: Applicable September 4, 2024.
FOR FURTHER INFORMATION CONTACT:
Scarlet K. Jaldin or Amber Hodak, 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) 482–4275 or (202) 482–8034,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On March 5, 2024, Commerce
published the Preliminary Results of
this administrative review in the
Federal Register.1 On June 6, 2024,
Commerce extended the deadline for
1 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Preliminary Results of
Countervailing Duty Administrative Review and
Rescission of Review, in Part; 2022, 89 FR 15819
(March 5, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
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71881
issuing these final results to August 21,
2024.2 On July 12, 2024, Commerce
released its Post-Preliminary Analysis.3
On July 12, 2024, we invited parties to
comment on both the Preliminary
Results and the Post-Preliminary
Results.4 We received timely filed case
and rebuttal briefs from Aluminum
Association Common Alloy Aluminum
Sheet Trade Enforcement Working
Group and its individual members 5
(collectively, the domestic industry),6
Jiangsu Alcha Aluminum Co., Ltd.
(Jiangsu Alcha), Yinbang Clad Material
Co., Ltd. (Yinbang). On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.7 The deadline for the final results
is now August 28, 2024. For a detailed
description of the events that followed
the Preliminary Results, see the Issues
and Decision Memorandum.8
Scope of the Order 9
The product covered by the Order is
CAAS from China. For a complete
description of the scope of the of the
Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised by the interested
parties in their case briefs are addressed
in the Issues and Decision
Memorandum. A list of the issues raised
is attached as an appendix to this
notice. The Issues and Decision
Memorandum is a public document and
2 See Memorandum, ‘‘Extension of Deadline for
Final Results of Countervailing Duty Administrative
Review,’’ dated June 6, 2024.
3 See Memorandum, ‘‘Post-Preliminary Analysis,’’
dated July 12, 2024 (Post Preliminary Results).
4 See Memorandum, ‘‘Briefing Schedule,’’ dated
July 12, 2024.
5 The individual members of the Aluminum
Association Common Alloy Aluminum Sheet Trade
Enforcement Working Group are: Arconic
Corporation; Commonwealth Rolled Products, Inc;
Constellium Rolled Products Ravenswood, LLC;
Jupiter Aluminum Corporation; JW Aluminum
Company; and Novelis Corporation.
6 See Jiangsu Alcha and Yinbang’s Letter, ‘‘Case
Brief,’’ dated April 4, 2024; see also Domestic
Industry’s Letter, ‘‘Domestic Industry’s Affirmative
Case Brief,’’ dated July 22, 2024; Domestic
Industry’s Letter, ‘‘Domestic Industry’s Rebuttal
Case Brief,’’ dated July 29, 2024 (Domestic
Industry’s Rebuttal Brief); and Alcha Group’s Letter,
‘‘Rebuttal Case Brief,’’ dated July 29, 2024 (Alcha
Group’s Rebuttal Brief).
7 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
8 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Countervailing Duty
Administrative Review of Common Alloy
Aluminum Sheet from the People’s Republic of
China; 2022,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
9 See Common Alloy Aluminum Sheet from the
People’s Republic of China: Countervailing Duty
Order, 84 FR 2157 (February 6, 2019) (Order).
E:\FR\FM\04SEN1.SGM
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71882
Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Notices
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 arguments raised and a
review of the record and all supporting
documentation, we made certain
changes to the Preliminary Results with
respect to the subsidy rate calculations
for the provision of primary aluminum
for less than adequate remuneration
(LTAR), the provision of electricity for
LTAR, and Alcha Group’s 2022 equity
infusion. For a discussion of the issues
and changes, see Issues and Decision
Memorandum.
Methodology
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found to
be countervailable, we determine that
there is a subsidy, i.e., a financial
contribution from a government or
public entity that gives rise to a benefit
to the recipient, and that the subsidy is
specific.10 For a full description of the
methodology underlying Commerce’s
conclusions, including our reliance, in
part, on facts otherwise available with
adverse inferences pursuant to sections
776(a) and (b) of the Act, see the Issues
and Decision Memorandum.
Final Results of Administrative Review
In accordance with 19 CFR
351.221(b)(5), Commerce calculated the
following net countervailable subsidy
rates for the period January 1, 2022,
through December 31, 2022:
Subsidy rate
(percent
ad valorem)
Company
Jiangsu Alcha Aluminium Group Co., Ltd., and Jiangsu Alcha Aluminum Group Co., Ltd. (both formerly known as Jiangsu Alcha
Aluminum Co., Ltd., Jiangsu Alcha Aluminium Co., Ltd.); 11 Alcha International Holdings Limited; Baotou Alcha Aluminium
Co., Ltd., Baotou Alcha Aluminum Co., Ltd., Baotou Alcha North Aluminum Co., Ltd., and Baotou Changlv Northern Aluminium Industry Co., Ltd.; 12 and Jiangsu Alcha New Energy Materials Co., Ltd.13 ......................................................................
Yinbang Clad Material Co., Ltd ...........................................................................................................................................................
Zhengzhou Mingtai Industry Co., Ltd.14 ..............................................................................................................................................
ddrumheller on DSK120RN23PROD with NOTICES1
Disclosure
Commerce intends to disclose the
calculations and analysis performed to
interested parties for these final results
within five days of any public
announcement or, if there is no public
announcement, within five days of the
date of publication of the notice of final
results in the Federal Register, in
accordance with 19 CFR 351.224(b).
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
Cash Deposit Instructions
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(2),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries for the above-listed
companies at the applicable ad valorem
assessment rates. Commerce intends to
issue assessment instructions to CBP no
earlier than 35 days after the 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
In accordance with section 751(a)(1)
of the Act, Commerce also intends to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for each company 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.’’ and
‘‘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
10 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.
11 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
21609, 21624 (April 11, 2023) (Initiation Notice). In
the Initiation Notice, Commerce also initiated a
review on Jiangsu Alcha Aluminium Group., Ltd.
and Jiangsu Alcha Aluminum Group Co., Ltd. The
respondent reported that Jiangsu Alcha Aluminium
Group Co., Ltd. is the current legal name of the
company, but is used interchangeably with Jiangsu
Alcha Aluminum Group Co., Ltd. The respondent
also reported that due to the recent change, Jiangsu
Alcha Aluminum Group Co., Ltd. and Jiangsu Alcha
Aluminium Group Co., Ltd. refer to the same entity.
12 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 have treated ‘‘Baotou Alcha
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21:26 Sep 03, 2024
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22.76
373.06
publication of these final results, shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition 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
sanctionable violation.
Notification to Interested Parties
These final results are issued and
published in accordance with sections
751(a)(l) and 777(i)(l) of the Act, and 19
CFR 351.221(b)(5).
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 supra, n.11; see also
Preliminary Results PDM.
13 See Preliminary Results PDM at Section II,
‘‘Background.’’
14 We calculated this company’s rate based
entirely on AFA, in accordance with section 776 of
the Act. See Preliminary Results PDM at 19–25.
E:\FR\FM\04SEN1.SGM
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Federal Register / Vol. 89, No. 171 / Wednesday, September 4, 2024 / Notices
Dated: August 28, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the 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. Use of Facts Otherwise Available and
Application of Adverse Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Programs Determined to Confer a NonMeasurable Benefit During the POR
VIII. Programs Determined to Be Not Used
IX. Changes Since the Preliminary Results
X. Discussion of the Issues
Comment 1: Whether Commerce Failed to
Ensure the Consistency and Accuracy of
the Primary Aluminum Pricing Data
Comment 2: Whether Commerce Should
Continue to Use the Average Prices for
Alloyed and Non-Alloyed Aluminum to
Calculate the Primary Aluminum
Benchmark
Comment 3: Whether Commerce Should
Use a Different Value Added Tax Rate
When Calculating the Primary
Aluminum Benchmark
Comment 4: Whether Commerce Should
Correct Its Calculation of Inland Freight
Comment 5: Whether Commerce Should
Continue to Apply Facts Available to
Yinbang’s Provision of Land for LTAR
Comment 6: Whether Commerce Should
Continue to Apply Facts Available to
Alcha Group’s Policy Loans to the CAAS
Industry
Comment 7: Whether Commerce Should
Revise Its Methodology to Attribute
Alcha International’s Policy Loans
Comment 8: Whether Commerce Should
Revise the Calculations for the Provision
of Electricity
XI. Recommendation
[FR Doc. 2024–19832 Filed 9–3–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–48–2024]
ddrumheller on DSK120RN23PROD with NOTICES1
Foreign-Trade Zone 262—Southaven,
Mississippi; Application for
Reorganization (Expansion of Service
Area) under Alternative Site
Framework
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board by
the Northern Mississippi FTZ, Inc.,
grantee of Foreign-Trade Zone 262,
requesting authority to reorganize the
zone to expand its service area under
the alternative site framework (ASF)
adopted by the FTZ Board (15 CFR
VerDate Sep<11>2014
21:26 Sep 03, 2024
Jkt 262001
400.2(c)). The ASF is an option for
grantees for the establishment or
reorganization of zones and can permit
significantly greater flexibility in the
designation of new subzones or ‘‘usagedriven’’ FTZ sites for operators/users
located within a grantee’s ‘‘service area’’
in the context of the FTZ Board’s
standard 2,000-acre activation limit for
a zone. The application was submitted
pursuant to the Foreign-Trade Zones
Act, as amended (19 U.S.C. 81a-81u),
and the regulations of the FTZ Board (15
CFR part 400). It was formally docketed
on August 29, 2024.
FTZ 262 was approved by the FTZ
Board on October 1, 2004 (Board Order
1353, 69 FR 60841, October 13, 2004)
and reorganized under the ASF on April
6, 2020 (Board Order 2095, 85 FR 19922,
April 9, 2020). The zone currently has
a service area that includes DeSoto
County, Mississippi.
The applicant is now requesting
authority to expand the service area of
the zone to include Lafayette, Marshall,
Panola and Tate Counties, Mississippi,
as described in the application. If
approved, the grantee would be able to
serve sites throughout the expanded
service area based on companies’ needs
for FTZ designation. The application
indicates that the proposed expanded
service area is adjacent to the Memphis
Customs and Border Protection Port of
Entry.
In accordance with the FTZ Board’s
regulations, Camille Evans of the FTZ
Staff is designated examiner to evaluate
and analyze the facts and information
presented in the application and case
record and to report findings and
recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
November 4, 2024. Rebuttal comments
in response to material submitted
during the foregoing period may be
submitted during the subsequent 15-day
period to November 18, 2024.
A copy of the application will be
available for public inspection in the
‘‘Online FTZ Information Section’’
section of the FTZ Board’s website,
which is accessible via www.trade.gov/
ftz. For further information, contact
Camille Evans at Camille.Evans@
trade.gov.
Dated: August 29, 2024.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2024–19828 Filed 9–3–24; 8:45 am]
BILLING CODE 3510–DS–P
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71883
DEPARTMENT OF COMMERCE
International Trade Administration
Announcement of Approved
International Trade Administration
Trade Mission
International Trade
Administration, Department of
Commerce
SUMMARY: The United States Department
of Commerce, International Trade
Administration (ITA), is announcing
one upcoming trade mission that will be
recruited, organized, and implemented
by ITA. This mission is: Advanced
Manufacturing Business Development
Mission to Türkiye and Poland—
September 21–27, 2025. A summary of
the mission is found below. Application
information and more detailed mission
information, including the commercial
setting and sector information, can be
found at the trade mission website:
https://www.trade.gov/trade-missions.
For this mission, recruitment will be
conducted in an open and public
manner, including publication in the
Federal Register, posting on the
Commerce Department trade mission
calendar (https://www.trade.gov/trademissions-schedule) and other internet
websites, press releases to general and
trade media, direct mail, broadcast fax,
notices by industry trade associations
and other multiplier groups, and
publicity at industry meetings,
symposia, conferences, and trade shows.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Odum, Trade Events Task Force,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482–6397 or
email Jeffrey.Odum@trade.gov.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Following Conditions for
Participation Will Be Used for the
Mission
Applicants must submit a completed
and signed mission application and
supplemental application materials,
including adequate information on their
products and/or services, primary
market objectives, and goals for
participation that is adequate to allow
the Department of Commerce to
evaluate their application. If the
Department of Commerce receives an
incomplete application, the Department
may either: reject the application,
request additional information/
clarification, or take the lack of
information into account when
evaluating the application. If the
requisite minimum number of
participants is not selected for a
E:\FR\FM\04SEN1.SGM
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Agencies
[Federal Register Volume 89, Number 171 (Wednesday, September 4, 2024)]
[Notices]
[Pages 71881-71883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19832]
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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; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) 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, 2022, through
December 31, 2022.
DATES: Applicable September 4, 2024.
FOR FURTHER INFORMATION CONTACT: Scarlet K. Jaldin or Amber Hodak, 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) 482-4275 or (202)
482-8034, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 5, 2024, Commerce published the Preliminary Results of
this administrative review in the Federal Register.\1\ On June 6, 2024,
Commerce extended the deadline for issuing these final results to
August 21, 2024.\2\ On July 12, 2024, Commerce released its Post-
Preliminary Analysis.\3\ On July 12, 2024, we invited parties to
comment on both the Preliminary Results and the Post-Preliminary
Results.\4\ We received timely filed case and rebuttal briefs from
Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement
Working Group and its individual members \5\ (collectively, the
domestic industry),\6\ Jiangsu Alcha Aluminum Co., Ltd. (Jiangsu
Alcha), Yinbang Clad Material Co., Ltd. (Yinbang). On July 22, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven days.\7\ The deadline for the final results is now August 28,
2024. For a detailed description of the events that followed the
Preliminary Results, see the Issues and Decision Memorandum.\8\
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\1\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Preliminary Results of Countervailing Duty Administrative
Review and Rescission of Review, in Part; 2022, 89 FR 15819 (March
5, 2024) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated June 6, 2024.
\3\ See Memorandum, ``Post-Preliminary Analysis,'' dated July
12, 2024 (Post Preliminary Results).
\4\ See Memorandum, ``Briefing Schedule,'' dated July 12, 2024.
\5\ The individual members of the Aluminum Association Common
Alloy Aluminum Sheet Trade Enforcement Working Group are: Arconic
Corporation; Commonwealth Rolled Products, Inc; Constellium Rolled
Products Ravenswood, LLC; Jupiter Aluminum Corporation; JW Aluminum
Company; and Novelis Corporation.
\6\ See Jiangsu Alcha and Yinbang's Letter, ``Case Brief,''
dated April 4, 2024; see also Domestic Industry's Letter, ``Domestic
Industry's Affirmative Case Brief,'' dated July 22, 2024; Domestic
Industry's Letter, ``Domestic Industry's Rebuttal Case Brief,''
dated July 29, 2024 (Domestic Industry's Rebuttal Brief); and Alcha
Group's Letter, ``Rebuttal Case Brief,'' dated July 29, 2024 (Alcha
Group's Rebuttal Brief).
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\8\ See Memorandum, ``Decision Memorandum for the Final Results
of the Countervailing Duty Administrative Review of Common Alloy
Aluminum Sheet from the People's Republic of China; 2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \9\
---------------------------------------------------------------------------
\9\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019)
(Order).
---------------------------------------------------------------------------
The product covered by the Order is CAAS from China. For a complete
description of the scope of the of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in their case briefs
are addressed in the Issues and Decision Memorandum. A list of the
issues raised is attached as an appendix to this notice. The Issues and
Decision Memorandum is a public document and
[[Page 71882]]
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 arguments raised and a review of the record and all
supporting documentation, we made certain changes to the Preliminary
Results with respect to the subsidy rate calculations for the provision
of primary aluminum for less than adequate remuneration (LTAR), the
provision of electricity for LTAR, and Alcha Group's 2022 equity
infusion. For a discussion of the issues and changes, see Issues and
Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found to be countervailable, we
determine that there is a subsidy, i.e., a financial contribution from
a government or public entity that gives rise to a benefit to the
recipient, and that the subsidy is specific.\10\ For a full description
of the methodology underlying Commerce's conclusions, including our
reliance, in part, on facts otherwise available with adverse inferences
pursuant to sections 776(a) and (b) of the Act, see the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
\10\ 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 the
following net countervailable subsidy rates for the period January 1,
2022, through December 31, 2022:
---------------------------------------------------------------------------
\11\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 21609, 21624 (April 11, 2023)
(Initiation Notice). In the Initiation Notice, Commerce also
initiated a review on Jiangsu Alcha Aluminium Group., Ltd. and
Jiangsu Alcha Aluminum Group Co., Ltd. The respondent reported that
Jiangsu Alcha Aluminium Group Co., Ltd. is the current legal name of
the company, but is used interchangeably with Jiangsu Alcha Aluminum
Group Co., Ltd. The respondent also reported that due to the recent
change, Jiangsu Alcha Aluminum Group Co., Ltd. and Jiangsu Alcha
Aluminium Group Co., Ltd. refer to the same entity.
\12\ 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 have treated ``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 supra, n.11; see also Preliminary Results PDM.
\13\ See Preliminary Results PDM at Section II, ``Background.''
\14\ We calculated this company's rate based entirely on AFA, in
accordance with section 776 of the Act. See Preliminary Results PDM
at 19-25.
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Jiangsu Alcha Aluminium Group Co., Ltd., and Jiangsu 21.41
Alcha Aluminum Group Co., Ltd. (both formerly known as
Jiangsu Alcha Aluminum Co., Ltd., Jiangsu Alcha
Aluminium Co., Ltd.); \11\ Alcha International Holdings
Limited; Baotou Alcha Aluminium Co., Ltd., Baotou Alcha
Aluminum Co., Ltd., Baotou Alcha North Aluminum Co.,
Ltd., and Baotou Changlv Northern Aluminium Industry
Co., Ltd.; \12\ and Jiangsu Alcha New Energy Materials
Co., Ltd.\13\..........................................
Yinbang Clad Material Co., Ltd.......................... 22.76
Zhengzhou Mingtai Industry Co., Ltd.\14\................ 373.06
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations and analysis
performed to interested parties for these final results within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of final
results in the Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries for the above-listed companies at the applicable ad valorem
assessment rates. Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the 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 Instructions
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for each company 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.'' and ``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 these final results, shall remain in
effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition 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 sanctionable violation.
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR 351.221(b)(5).
[[Page 71883]]
Dated: August 28, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Programs Determined to Confer a Non-Measurable Benefit During
the POR
VIII. Programs Determined to Be Not Used
IX. Changes Since the Preliminary Results
X. Discussion of the Issues
Comment 1: Whether Commerce Failed to Ensure the Consistency and
Accuracy of the Primary Aluminum Pricing Data
Comment 2: Whether Commerce Should Continue to Use the Average
Prices for Alloyed and Non-Alloyed Aluminum to Calculate the Primary
Aluminum Benchmark
Comment 3: Whether Commerce Should Use a Different Value Added
Tax Rate When Calculating the Primary Aluminum Benchmark
Comment 4: Whether Commerce Should Correct Its Calculation of
Inland Freight
Comment 5: Whether Commerce Should Continue to Apply Facts
Available to Yinbang's Provision of Land for LTAR
Comment 6: Whether Commerce Should Continue to Apply Facts
Available to Alcha Group's Policy Loans to the CAAS Industry
Comment 7: Whether Commerce Should Revise Its Methodology to
Attribute Alcha International's Policy Loans
Comment 8: Whether Commerce Should Revise the Calculations for
the Provision of Electricity
XI. Recommendation
[FR Doc. 2024-19832 Filed 9-3-24; 8:45 am]
BILLING CODE 3510-DS-P