Common Alloy Aluminum Sheet From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2022, 71881-71883 [2024-19832]

Download as PDF 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the notice of the final results of the administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results, as provided by section 751(a)(2) of the Act: (1) the cash deposit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. VerDate Sep<11>2014 21:26 Sep 03, 2024 Jkt 262001 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). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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 04SEN1 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 VerDate Sep<11>2014 21:26 Sep 03, 2024 Jkt 262001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 21.41 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 04SEN1 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 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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 04SEN1

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\
---------------------------------------------------------------------------

    \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
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