[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54462-54463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19193]


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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; 2020

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

SUMMARY: The U.S. 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) January 1, 
2020, through December 31, 2020.

DATES: Applicable September 6, 2022.

FOR FURTHER INFORMATION CONTACT: Natasia Harrison or Harrison Tanchuck, 
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) 482-1240 or (202) 
482-7421, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this administrative 
review in the Federal Register on March 4, 2022, and we invited 
comments from interested parties.\1\ On April 8, 2022, we received 
timely case briefs from the following interested parties: Jiangsu Alcha 
Aluminium Co., Ltd. (Jiangsu Alcha) and its affiliated trading company 
Alcha International Holdings Limited (Alcha International); \2\ Yinbang 
Clad Material Co., Ltd. (Yinbang Clad); \3\ and the domestic 
industry.\4\ Jiangsu Alcha and Alcha International, jointly, and the 
domestic industry submitted timely filed rebuttal briefs on April 22, 
2022.\5\
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    \1\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Preliminary Results of Countervailing Duty Administrative 
Review; 2020, 87 FR 12429 (March 4, 2022) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Jiangsu Alcha and Alcha International's Letter, ``Common 
Alloy Aluminum Sheet from the People's Republic of China: Case 
Brief,'' dated April 8, 2022. The ``Alcha Group'' companies include 
Jiangsu Alcha, Alcha International and Jiangsu Alcha's cross-owned 
affiliates Baotou Alcha Aluminium Co., Ltd. (Baotou Alcha) and 
Jiangsu Alcha New Energy Materials Co., Ltd. (Alcha Materials). 
Jiangsu Alcha reported that, in 2018, Jiangsu Alcha changed its name 
from ``Jiangsu Alcha Aluminium Co., Ltd.'' to ``Jiangsu Alcha 
Aluminium Group Co., Ltd.'' See Alcha Group's Letter, ``Common Alloy 
Aluminum Sheet from the People's Republic of China: Alcha Group's 
Initial Questionnaire Response,'' dated July 8, 2021, at 4. See also 
Alcha Group's Letter, ``Common Alloy Aluminum Sheet from the 
People's Republic of China: Alcha Group's Sixth Supplemental 
Questionnaire Response,'' dated March 23, 2022 (Alcha Group 6SQR), 
at 1-4. After the Preliminary Results, the Alcha Group explained the 
spelling inconsistencies in Jiangsu Alcha and Baotou Alcha's company 
names throughout the record. For example, the narrative portions of 
Alcha Group responses and corresponding English translations of 
Chinese-language exhibits referred to Jiangsu Alcha as ``Jiangsu 
Alcha Aluminium Co., Ltd.'' and ``Jiangsu Alcha Aluminium Group Co., 
Ltd.'' interchangeably. These responses also referred to Baotou 
Alcha as ``Baotou Alcha Aluminum Co., Ltd.'' and ``Baotou Alcha 
Aluminium Co., Ltd.'' interchangeably. According to Alcha Group 
6SQR, the official English company names are Jiangsu Alcha Aluminium 
Group Co., Ltd., Alcha International Holdings Limited, Baotou Alcha 
Aluminium Co., Ltd. and Jiangsu Alcha New Energy Materials Co., Ltd.
    \3\ See Yinbang Clad's Letter, ``Common Alloy Aluminum Sheet 
from the People's Republic of China: Yinbang's Case Brief,'' dated 
April 8, 2022.
    \4\ See Domestic Industry's Letter, ``Common Alloy Aluminum 
Sheet from the People's Republic of China: Domestic Industry's Case 
Brief,'' dated April 8, 2022. The domestic industry includes the 
Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement 
Working Group and its individual members (collectively, the domestic 
industry). 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.
    \5\ See Jiangsu Alcha and Alcha International's Letter, ``Common 
Alloy Aluminum Sheet from the People's Republic of China: Rebuttal 
Brief,'' dated April 22, 2022; see also the Domestic Industry's 
Letter, ``Common Alloy Aluminum Sheet from the People's Republic of 
China: Domestic Industry's Rebuttal Brief,'' dated April 22, 2022.
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    On June 24, 2022, Commerce extended the deadline for issuing these 
final results to 180 days after the publication date of the Preliminary 
Results, until August 31, 2022.\6\
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    \6\ See Memorandum, ``Common Alloy Aluminum Sheet from the 
People's Republic of China: Extension of Deadline for Final Results 
of Countervailing Duty Administrative Review; 2020,'' dated June 24, 
2022.
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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.\7\
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    \7\ 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 
topics discussed in the Issues and Decision Memorandum is provided in 
Appendix I 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 with respect to the methodology used in 
the Preliminary Results to calculate Alcha Group's program rate for the 
Government Provision of Primary Aluminum for Less than Adequate 
Remuneration program. We made no changes for Yinbang Clad. These 
changes are discussed 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 by an 
``authority'' that confers benefit to the recipient, and that the 
subsidy is specific.\8\ For a full description of the methodology 
underlying our conclusions, including our reliance, in part on adverse 
facts available (AFA) pursuant to section 776(a) and (b) of the Act, 
see the Issues and Decision Memorandum.
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    \8\ 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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[[Page 54463]]

Final Results of Review

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated a 
countervailable subsidy rate for mandatory respondents Jiangsu Alcha 
and Alcha International. We determined the countervailable subsidy rate 
for Yinbang Clad based entirely on AFA, in accordance with section 776 
of the Act. Because there are no other producers or exporters subject 
to this review and not selected for individual examination (i.e., non-
selected companies), Commerce does not need to establish the rate for 
non-selected companies in this review.
    Commerce determines that, for the period January 1, 2020, through 
December 31, 2020, the following net countervailable subsidy rates 
exist:
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    \9\ This rate applies to Jiangsu Alcha and its cross-owned 
companies: Baotou Alcha and Alcha Materials.
    \10\ We cumulated the benefits from subsidies received by Alcha 
International, which exported subject merchandise produced by 
Jiangsu Alcha, to the United States during the POR, with the 
benefits from subsidies received by Jiangsu Alcha, during the POR in 
accordance with 19 CFR 351.525(c). For further discussion, see the 
Issues Decision Memorandum at ``Attribution of Subsides.''

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Jiangsu Alcha Aluminium Co., Ltd.\9\/Alcha International           17.80
 Holdings Limited \10\..................................
Yinbang Clad Material Co., Ltd..........................        * 252.22
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* Rate based on AFA.

Disclosure

    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.\11\
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    \11\ See 19 CFR 351.224(b).
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Assessment Rates

    Pursuant to sections 751(a)(1) and (a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce shall determine, 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 these final results of 
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

    Pursuant to section 751(a)(1) and (a)(2)(C) of the Act, Commerce 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown for the 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. These cash deposit 
instructions, when imposed, shall remain in effect until further 
notice.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or 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, and 19 CFR 351.221(b)(5).

    Dated: August 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Results
IV. Scope of the Order
V. Subsidies Valuation
VI. Loan Interest Rate Benchmarks, Discount Rates, and Benchmarks
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Analysis of Comments
    Comment 1: Whether Commerce Should Apply Adverse Facts Available 
(AFA) to the Export Buyer's Credit (EBC) Program
    Comment 2: Whether Commerce Should Make Certain Revisions to its 
Calculation of the Benchmark for Primary Aluminum for Less Than 
Adequate Remuneration (LTAR)
    Comment 3: Whether Commerce Should Use Distinct Benchmarks to 
Calculate the Benefit from Primary Aluminum for LTAR Provided to 
Jiangsu Alcha and Baotou Alcha
    Comment 4: Whether Commerce Should Assign an AFA Rate for Policy 
Loans to the Aluminum Sheet Industry to Baotou Alcha
    Comment 5: Whether Commerce Should Revise Baotou Alcha's Benefit 
Calculation for Policy Loans to the Aluminum Sheet Industry
    Comment 6: Whether Commerce Should Modify the Total AFA Rate 
Applied to Yinbang Clad
X. Recommendation

[FR Doc. 2022-19193 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-DS-P