Common Alloy Aluminum Sheet From India: Final Results of Countervailing Duty Administrative Review; 2022, 89598-89599 [2024-26220]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Pages 89598-89599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26220]



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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-896]


Common Alloy Aluminum Sheet From India: 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 
Hindalco Industries Limited (Hindalco) and Manaksia Aluminium Company 
Limited (MALCO), received countervailable subsidies during the period 
of review (POR), January 1, 2022, through December 31, 2022.

DATES: Applicable November 13, 2024.

FOR FURTHER INFORMATION CONTACT: Samuel Evans or Elizabeth Beuley, AD/
CVD Operations, Office IX, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-2420 or (202) 
282-3269, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2024, Commerce published the Preliminary Results of this 
administrative review in the Federal Register and invited interested 
parties to comment.\1\ On July 22, 2024, Commerce tolled certain 
deadlines in this administrative proceeding by seven days.\2\ On August 
7, 2024, Commerce extended the deadline for issuing the final 
results.\3\ The deadline for the final results is now November 5, 2024. 
For a complete description of the events that occurred since the 
publication of the Preliminary Results, see the Issues and Decision 
Memorandum.\4\
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    \1\ See Common Alloy Aluminum Sheet from India: Preliminary 
Results and Partial Rescission of Countervailing Duty Administrative 
Review; 2022, 89 FR 35788 (May 2, 2024) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated August 7, 2024.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Common Alloy Aluminum Sheet from India; 2022,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Order 5
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    \5\ See Common Alloy Aluminum Sheet from Bahrain, India, and the 
Republic of Turkey: Countervailing Duty Orders, 86 FR 22144 (April 
27, 2021) (Order).
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    The merchandise covered by this Order is common alloy aluminum 
sheet from India. For a complete description of the scope of this 
Order, see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum. A 
list of topics discussed 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 Service 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 
results of verification, we made certain changes to Hindalco's and 
MALCO's countervailable subsidy rate calculations from the Preliminary 
Results. For a full description of these changes, see the Issues and 
Decision Memorandum.\6\
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    \6\ For a full description of these revisions, see the Issues 
and Decision Memorandum.
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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 countervailable, we find that 
there is a subsidy, i.e., a government-provided financial contribution 
that gives rise to a benefit to the recipient, and that the subsidy is 
specific.\7\ For a full description of the methodology underlying all 
of Commerce's conclusions, see the Issues and Decision Memorandum.
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    \7\ 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.
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Company Not Selected for Individual Review

    The Act and Commerce's regulations do not address the establishment 
of a rate to be applied to companies not selected for individual 
examination when Commerce limits its examination in an administrative 
review, pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 705(c)(5) of the Act, which provides instructions for 
determining the all-others rate in an investigation, for guidance when 
calculating the rate for companies which were not selected for 
individual examination in an administrative review. Under section 
705(c)(5)(A) of the Act, the all-others rate is normally an amount 
equal to the weighted average of the countervailable subsidy rates 
established for exporters and producers individually investigated, 
excluding any zero or de minimis countervailable subsidy rates, and any 
rates determined entirely on the basis of facts available.
    Accordingly, to determine the rate for Virgo Aluminum Limited 
(Virgo), the company not selected for individual examination in this 
review, because the rates calculated for Hindalco and MALCO were above 
de minimis and not based entirely on facts available, we are assigning 
Virgo a weighted average of the subsidy rates calculated for Hindalco 
and MALCO using each company's public ranged data for the value of its 
exports of subject merchandise to the United States.\8\
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    \8\ See Memorandum, ``Calculation of Rate for Company Not 
Selected for Individual Examination,'' dated concurrently with this 
notice.
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Final Results of Review

    As a result of this review, Commerce determines the following net 
countervailable subsidy rates exist for the period January 1, 2022, 
through December 31, 2022:

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                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Hindalco Industries Limited \9\.........................           41.46
Manaksia Aluminium Company Limited......................            1.72
Virgo Aluminum Limited..................................            3.59
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Disclosure

    Commerce intends to disclose the calculations performed 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 this notice in the

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Federal Register, in accordance with 19 CFR 351.224(b).
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    \9\ As discussed in the Preliminary Results PDM, Commerce found 
the following companies to be cross-owned with Hindalco: Minerals & 
Minerals Limited and Utkal Alumina International Limited. For these 
final results, we continue to find these companies to be cross-owned 
with Hindalco.
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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 of subject merchandise covered by this review. Commerce intends 
to issue assessment instructions to CBP no earlier than 35 days after 
the date of publication of the final results of this review in the 
Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

Cash Deposit Requirements

    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 of the companies 
listed above for shipments of the subject merchandise which entered, or 
were withdrawn from warehouse for consumption on or after the date of 
publication of the final results of this administrative review. For all 
non-reviewed firms, we will instruct CBP to continue to collect cash 
deposits of estimated countervailing duties at the all-others rate or 
most recent company-specific rate applicable to the company, as 
appropriate. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Administrative Protective Order

    This notice also serves as the final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: November 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discusses in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Subsidies Valuation
V. Analysis of Programs
VI. Discussion of the Issues
    Comment 1: Whether to Modify the Benefit Calculation for the 
Remission of Duties and Taxes on Export Products (RODTEP) Program 
for MALCO
    Comment 2: Whether the Provision of Coal for Less Than Adequate 
Remuneration (LTAR) Program is Specific
    Comment 3: Whether the Selection of the Coal Benchmark is 
Appropriate
    Comment 4: Whether Commerce's Financial Contribution Analysis 
for the Provision of Bauxite Mining Rights for LTAR Program is 
Appropriate
    Comment 5: Whether the Provision of Bauxite Mining Rights for 
LTAR Program is Specific
    Comment 6: Whether the Selection of the Bauxite Benchmark is 
Appropriate
    Comment 7: Whether to Change the Calculation of the Social 
Welfare Surcharge in the Calculation of the Bauxite Benchmark
    Comment 8: Whether to Include a Profit Rate in the Calculation 
of the Benefit for the Provision of Bauxite Mining Rights for LTAR 
Program
    Comment 9: Whether the Selection of the Ocean Freight Benchmark 
for the Provision of Coal for LTAR and the Provision of Bauxite 
Mining Rights for LTAR Programs is Appropriate
VII. Recommendation

[FR Doc. 2024-26220 Filed 11-12-24; 8:45 am]
BILLING CODE 3510-DS-P