[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Pages 72927-72929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27893]


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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 and Partial Rescission of Countervailing Duty 
Administrative Review; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of common alloy aluminum sheet (aluminum sheet), from the People's 
Republic of China (China) during the period of review (POR) April 23, 
2018, through December 31, 2019.

DATES: Applicable December 23, 2021.

FOR FURTHER INFORMATION CONTACT: Moses Song or Natasia Harrison, 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) 482-7885 or (202) 482-1240, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this administrative 
review in the Federal Register on June 25, 2021, and invited interested 
parties to comment.\1\ On July 26, 2021, we received timely case briefs 
from the following interested parties: Jiangsu Foil Aluminum Co. Ltd. 
(Jiangsu Alcha) \2\ and the Aluminum Association Common Alloy Aluminum 
Sheet Trade Enforcement Working Group (the domestic industry). On 
August 2, 2021, we received timely rebuttal briefs from Jiangsu Alcha 
and the domestic industry.
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    \1\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Preliminary Results of Countervailing Duty Administrative 
Review, Rescission of Review, in Part, and Intent to Rescind, in 
Part; 2018-2019, 86 FR 33650 (June 25, 2021) (Preliminary Results), 
and accompanying Preliminary Decision Memorandum (PDM).
    \2\ Jiangsu Alcha and its cross owned companies include Alcha 
International Holdings Limited; Baotou Alcha Aluminum Co., Ltd.; and 
Jiangsu Alcha New Energy Materials Co., Ltd.
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    On October 14, 2021, Commerce extended the deadline for issuing the 
final results of this review by 55 days, until December 17, 2021.\3\
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    \3\ See Memorandum, ``Common Alloy Aluminum Sheet from the 
People's Republic of China: Extension of Deadline for Final Results 
of Countervailing Duty Administrative Review; 04/23/2018-12/31/
2019,'' dated October 14, 2021.
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Scope of the Order

    The product covered by the order is aluminum sheet from China. A 
full description of the scope of the order is contained in the Issues 
and Decision Memorandum.\4\
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    \4\ 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; 
2018-2019,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum accompanying this notice. A list of 
the issues raised by interested parties and to which Commerce responded 
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 comments in case and rebuttal briefs and record evidence, 
Commerce made certain changes from the Preliminary Results with regard 
to the calculation of Jiangsu Alcha's program rates for the Government 
Provision of Electricity for Less than Adequate Remuneration (LTAR) 
program, Government Provision of Land for LTAR program, and Policy 
Loans to the Aluminum Sheet Industry. As a result of these changes to 
Jiangsu Alcha's program rates, the final total adverse facts available 
(AFA) rates for the Henan Mingtai Industrial Co., Ltd./Zhengzhou 
Mingtai Industry Co. (collectively, Mingtai) and Yong Jie New Material 
Co., Ltd. (Yong Jie New Material) (i.e., the non-cooperative mandatory 
respondents) also changed. These changes are explained in the 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 subsidy program found to be countervailable, Commerce finds 
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.\5\ For a full description 
of the methodology underlying all of Commerce's conclusions, including 
any determination that relied upon the use of AFA pursuant to section 
776(a) and (b) of the Act, see the Issues and Decision Memorandum.
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    \5\ 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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Rescission of Administrative Review, in Part

    It is Commerce's practice to rescind an administrative review of a 
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there 
are no reviewable entries of subject merchandise during the POR for 
which liquidation is suspended.\6\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
countervailing duty assessment rate calculated for the review 
period.\7\ Therefore, for an administrative review of a company to be 
conducted, there must be a reviewable, suspended entry that Commerce 
can instruct U.S. Customs and Border Protection (CBP) to liquidate at 
the calculated countervailing duty

[[Page 72928]]

assessment rate calculated for the review period.\8\
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    \6\ See, e.g., Lightweight Thermal Paper from the People's 
Republic of China: Notice of Rescission of Countervailing Duty 
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); and 
Circular Welded Carbon Quality Steel Pipe from the People's Republic 
of China: Rescission of Countervailing Duty Administrative Review; 
2017, 84 FR 14650 (April 11, 2019).
    \7\ See 19 CFR 351.212(b)(2).
    \8\ See 19 CFR 351.213(d)(3).
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    As noted in the Preliminary Results, Commerce timely received no-
shipment certifications from Teknik Aluminyum Sanayi A.S. and Companhia 
Brasileira De Aluminio. We inquired with U.S. Customs and Border 
Protection (CBP) as to whether these companies had shipped merchandise 
to the United States during the POR, and CBP provided no evidence to 
contradict the claims of no shipments made by these companies.\9\ 
Accordingly, in the Preliminary Results, Commerce stated its intention 
to rescind the review with respect to these companies in the final 
results. We continue to find these two companies had no shipments of 
the subject merchandise during the POR \10\ and that three additional 
companies subject to this review did not have reviewable entries of 
subject merchandise during the POR for which liquidation is 
suspended.\11\ Because there is no evidence on the record of this 
segment of the proceeding to indicate that these five companies had 
entries, exports, or sales of subject merchandise to the United States 
during the POR, we are rescinding this review with respect to these 
companies, consistent with 19 CFR 351.213(d)(3).
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    \9\ See Memorandum, ``Common Alloy Aluminum Sheet from the 
People's Republic of China; No Shipment Inquiry for Teknik Aluminyum 
Sanayi A.S. and Companhia Brasileira de Aluminio during the period 
04/23/2018 through 12/31/2019,'' dated June 11, 2021.
    \10\ See Memorandum, ``Common Alloy Aluminum Sheet from the 
People's Republic of China; No Shipment Inquiry for Teknik Aluminyum 
Sanayi A.S. and Companhia Brasileira de Aluminio during the period 
04/23/2018 through 12/31/2019,'' dated June 11, 2021. These two 
companies are Teknik Aluminyum Sanayi A.S. and Companhia Brasileira 
De Aluminio.
    \11\ These three additional companies are: Choil Aluminum Co., 
Ltd.; PMS Metal Profil Aluminyum San. Ve Tic. A.S. Demirtas Organize 
Sanayi Bolgesi; and United Metal Coating LLC.
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Companies Not Selected for Individual Review

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
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{time} .''
    There is one company for which a review was requested, that had 
reviewable entries, and that was not selected for individual 
examination as a mandatory respondent or found to be cross-owned with a 
mandatory respondent. In these final results, the only rate that is not 
zero, de minimis, or based entirely on facts otherwise available is the 
rate calculated for Jiangsu Alcha. Consequently, as discussed above, 
the rate calculated for Jiangsu Alcha is also assigned as the rate for 
the producer/exporter subject to this review but not selected for 
individual examination (i.e., the non-selected company).\12\
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    \12\ The domestic industry initially requested a review and did 
not subsequently withdraw its request for review of one company: 
Yinbang Clad Material Co., Ltd.
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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 April 23, 
2018, through December 31, 2019:

------------------------------------------------------------------------
                                          Subsidy rate--  Subsidy rate--
                                           2018 (percent   2019 (percent
                 Company                    ad valorem)     ad valorem)
 
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Henan Mingtai Industrial Co., Ltd./               277.35          277.35
 Zhengzhou Mingtai Industry Co.\13\.....
Jiangsu Alcha Aluminum Co., Ltd.\14\....           37.70           32.22
Yinbang Clad Material Co., Ltd.\15\.....           37.70           32.22
Yong Jie New Material Co., Ltd.\16\.....          277.35          277.35
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Disclosure
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    \13\ This rate applies to Henan Mingtai Industrial Co., Ltd./
Zhengzhou Mingtai Industry Co., and their cross-owned company: Henan 
Gongdian Thermal Co., Ltd. In the CVD investigation of aluminum 
sheet from China, we made this cross-ownership finding. See Common 
Alloy Aluminum Sheet from the People's Republic of China: 
Preliminary Affirmative Countervailing Duty Determination, Alignment 
of Final CVD Determination With Final Antidumping Duty 
Determination, and Preliminary CVD Determination of Critical 
Circumstances, 83 FR 17651 (April 23, 2018), and accompanying 
Preliminary Decision Memorandum, unchanged in Countervailing Duty 
Investigation of Common Alloy Aluminum Sheet from the People's 
Republic of China: Final Affirmative Determination, 83 FR 57427 
(November 15, 2018), and accompanying Issues and Decision Memorandum 
(collectively, Aluminum Sheet from China Investigation). 
Accordingly, the subject merchandise that was produced/exported by 
these companies entered under a single CBP case number during the 
period of review.
    \14\ This rate applies to Jiangsu Alcha and its cross-owned 
companies.
    \15\ Yinbang Clad Material Co., Ltd. was not individually 
examined during the POR and, therefore, has received the non-
selected company rate.
    \16\ This rate applies to Yong Jie New Material Co., Ltd. and 
its cross-owned companies: Nanjie Resources Co., Ltd.; Shejiang 
Nanjie Industry Co., Ltd, Zhejiang Yongjie Aluminum Co., Ltd. also 
known as Zhejiang Yong Jie Aluminum Co., Ltd., and Zhejiang Yongjie 
Holding Co., Ltd. In the Aluminum Sheet from China Investigation, we 
made this cross-ownership finding. Accordingly, the subject 
merchandise that was produced/exported by these companies entered 
under a single CBP case number during the POR.
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    Commerce will disclose to the parties in this proceeding the 
calculations performed for these final results within five days of the 
date of publication of this notice in the Federal Register.\17\
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    \17\ See 19 CFR 351.224(b).
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Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce will determine, CBP shall assess, 
countervailing duties on all appropriate entries of subject merchandise 
covered by this review. We intend to issue assessment instructions to 
CBP 35 days after the date of publication of these final results of 
review. If a timely summons is filed at the U.S. Court of International 
Trade, the assessment instructions will direct CBP not to liquidate 
relevant entries until the time for parties to file a request for a 
statutory injunction has expired (i.e., within 90 days of publication).
    For the companies for which this review is rescinded, Commerce will 
instruct CBP to assess countervailing duties on all appropriate entries 
at a rate equal to the cash deposit of estimated countervailing duties 
required at the

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time of entry, or withdrawal from warehouse, for consumption, during 
the POR in accordance with 19 CFR 351.212(c)(l)(i).

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. For all non-reviewed firms 
subject to the order, we will instruct CBP to continue to collect cash 
deposits of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company, as appropriate. 
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 reminder to parties subject to 
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

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 17, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of the Assistant Secretary 
Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. List of Issues
III. Background
IV. Changes Since the Preliminary Results
V. Scope of the Order
VI. Rescission of the Administrative Review, In Part
VII. Non-Selected Companies Under Review
VIII. Subsidies Valuation Information
IX. Interest Rates, Discount Rates, and Benchmarks
X. Use of Facts Otherwise Available and Application of Adverse 
Inferences
XI. Analysis of Programs
XII. Analysis of Comments
    Comment 1: Should Apply Adverse Facts Available to the Export 
Buyer's Credit Program
    Comment 2: Whether Jiangsu Foil Aluminum Co. Ltd. is Cross-Owned 
with Changshu Aluminum Foil Factory Co., Ltd.
    Comment 3: Whether Commerce Should Determine the Benefit from 
the Provision of Electricity for Less Than Adequate Remuneration by 
Reference to Benchmark Rates Placed on the Record
    Comment 4: Whether Commerce Should Adjust Its Benefit 
Calculation for the Government Provision of Land for Less Than 
Adequate Remuneration
    Comment 5: Whether Commerce Should Apply Partial Adverse Facts 
Available to Revise Its Preliminary Calculations for Policy Loans to 
the Aluminum Sheet Industry
    Comment 6: Whether Commerce Should Include Purchases of a 
Certain Aluminum Input in the Benefit Calculation for the Government 
Provision of Primary Aluminum for Less Than Adequate Remuneration
    Comment 7: Whether Commerce Used the Correct Benchmark to Value 
Purchases of Primary Aluminum
XIII. Recommendation

[FR Doc. 2021-27893 Filed 12-22-21; 8:45 am]
BILLING CODE 3510-DS-P