[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14127-14129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04569]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-074]


Common Alloy Aluminum Sheet From the People's Republic of China: 
Preliminary Results of Countervailing Duty Administrative Review; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
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, 
2021, through December 31, 2021. We invite interested parties to 
comment on these preliminary results.

DATES: Applicable March 7, 2023.

FOR FURTHER INFORMATION CONTACT: James R. Hepburn or Scarlet K. Jaldin, 
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) 482-1882 or (202) 
482-4275, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 12, 2022, Commerce published in the Federal Register a 
notice of initiation of an administrative review of the countervailing 
duty order on CAAS from China with respect to three companies.\1\ On 
September 30, 2022, Commerce extended the deadline for completion of 
these preliminary results until no later than February 28, 2023.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 21619, 21635 (April 12, 2022); see 
also Common Alloy Aluminum Sheet from the People's Republic of 
China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019) 
(Order).
    \2\ See Memorandum, ``Extension of the Deadline for Preliminary 
Results of Countervailing Duty Administrative Review; 2021,'' dated 
September 30, 2022.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\3\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as the appendix to this notice. The Preliminary Decision 
Memorandum is a public document and 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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade/gov/public/FRNoticesListLayout.aspx.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review: Common 
Alloy Aluminum Sheet from the People's Republic of China; 2021,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The product covered by the Order is CAAS from China. For a complete 
description of the scope of this Order, see the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting 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 preliminarily found to be 
countervailable, we preliminarily determine that there is a subsidy, 
i.e., a financial contribution from an authority that gives rise to a 
benefit to the recipient and that the subsidy is specific.\4\ For a 
full description of the methodology underlying our preliminary results, 
including our reliance, in part, on facts available with adverse 
inferences pursuant to sections 776(a) and (b) of the Act, see the 
Preliminary Decision Memorandum.
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    \4\ 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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    In making these findings, Commerce relied, in part, on facts 
available and, because the Government of China (GOC) did not respond to 
the Initial Questionnaire,\5\ Commerce finds that the GOC did not 
provide necessary information, as requested. On that basis, Commerce 
determines that the GOC did not act to the best of its ability to 
respond to Commerce's request for information and, therefore, in 
reaching these preliminary results of review, we drew an adverse 
inference where appropriate in selecting from among the facts otherwise 
available. For further information, see the ``Use of Facts Otherwise 
Available and Application of Adverse Inferences'' section in the 
Preliminary Decision Memorandum.
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    \5\ See Commerce's Letter, ``Countervailing Duty 
Questionnaire,'' dated July 13, 2022 (Initial Questionnaire).
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Preliminary Results of Review

    In accordance with 19 CFR 351.221(b)(4)(i), Commerce calculated a 
countervailable subsidy rate for the mandatory respondents that are 
identified below. 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 a 
rate for such companies in this review.

[[Page 14128]]

    Commerce preliminarily determines the net countervailable subsidy 
rates for the period January 1, 2021, through December 31, 2021, are as 
follows:
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    \6\ We initiated this review on Jiangsu Alcha Aluminium Co., 
Ltd. However, it was reported that ``Jiangsu Alcha Aluminium Co., 
Ltd.,'' also known as ``Jiangsu Alcha Aluminum Co., Ltd.,'' legally 
changed its name to ``Jiangsu Alcha Aluminium Group Co., Ltd.'' on 
May 21, 2019. It was also reported that both ``Jiangsu Alcha 
Aluminium Group Co., Ltd.'' and ``Jiangsu Alcha Aluminum Group Co., 
Ltd.'' refer to the same entity. Accordingly, we intend to treat 
``Jiangsu Alcha Aluminium Group Co., Ltd.'' and ``Jiangsu Alcha 
Aluminum Group Co., Ltd.'' (formally known as ``Jiangsu Alcha 
Aluminium Co., Ltd.'' or ``Jiangsu Alcha Aluminum Co., Ltd.'') as 
one entity (Jiangsu Alcha). For further discussion, see the 
Preliminary Decision Memorandum at section ``II. Background.''
    \7\ 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 intend to treat ``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 the Preliminary Decision Memorandum at section ``II. 
Background.''
    \8\ We preliminarily find that Baotou and Jiangsu Alcha New 
Energy Materials Co., Ltd. are crossed-owned with Jiangsu Alcha. In 
addition, Alcha International is wholly owned by Jiangsu Alcha. For 
further discussion, See Preliminary Decision Memorandum at section 
``B. Attribution of Subsidies'' under ``V. Subsidies Valuation.''

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Alcha International Holdings Limited; Jiangsu Alcha                10.88
 Aluminium Group Co., Ltd., and Jiangsu Alcha Aluminum
 Group Co., Ltd. (both formally known as Jiangsu Alcha
 Aluminium Co., Ltd. or Jiangsu Alcha Aluminum Co.,
 Ltd.),\6\ Baotou Alcha Aluminium Co., Ltd., Baotou
 Alcha Aluminum Co., Ltd., Baotou Alcha North Aluminum
 Co., Ltd., and Baotou Changlv Northern Aluminium
 Industry Co., Ltd.; \7\ and Jiangsu Alcha New Energy
 Materials Co., Ltd.\8\.................................
Yinbang Clad Material Co., Ltd..........................           11.97
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Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned subsidy rates in the amounts for the producers/exporters shown 
above. Upon completion of the administrative review, consistent with 
section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall 
determine, and CBP shall assess, countervailing duties on all 
appropriate entries covered by this review. With regard to Jiangsu 
Alcha, we intend to instruct CBP to assess countervailing duties on all 
appropriate entries covered by this review under both its old and new 
names (i.e., ``Jiangsu Alcha Aluminium Group Co., Ltd.,'' ``Jiangsu 
Alcha Aluminum Group Co., Ltd.,'' ``Jiangsu Alcha Aluminium Co., 
Ltd.,'' and ``Jiangsu Alcha Aluminum Co., Ltd.'' Concerning Baotou 
Alcha, we intend to instruct CBP to assess countervailing duties on all 
appropriate entries covered by this review for all of its names 
identified in this notice. 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 Rates

    Pursuant to section 751(a)(1) of the Act, Commerce intends, upon 
publication of the final results, to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amounts indicated 
for the producers/exporters 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 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.,'' ``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 identified in this notice. If the rate calculated in the 
final results is zero or de minimis, no cash deposit will be required 
on shipments of the subject merchandise entered or withdrawn from 
warehouse, for consumption on or after the date of publication of final 
results of this review. These cash deposit requirements, when imposed, 
shall remain in effect until further notice.

Disclosure and Public Comment

    Commerce will disclose to interested parties the calculations 
performed for these preliminary results within five days of the date of 
publication of this notice.\9\ Interested parties may submit case 
briefs no later than 30 days of publication of the preliminary results 
of review.\10\ Rebuttals to case briefs may be filed no later than 
seven days after the case briefs.\11\ An electronically-filed document 
must be received successfully in its entirety by ACCESS by 5:00 p.m. 
Eastern Time on the established deadline. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\12\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case or 
rebuttal briefs in this review are encouraged to submit with each 
argument: (1) a statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\13\
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    \9\ See 19 CFR 35 l.224(b).
    \10\ See 19 CFR 35 l.309(c).
    \11\ See 19 CFR 35 l.309(d).
    \12\ See also Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
17006 (May 18, 2020) ; and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
41363 (July 10, 2020).
    \13\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance within 30 days of the publication date of 
this notice.\14\ Requests should contain: (1) the party's name, 
address, and telephone number; (2) the number of participants and 
whether an participant is a foreign national; and (3) a list of the 
issues to be discussed. If a request for a hearing is made, Commerce 
intends to hold the hearing at a time and date to be determined. 
Parties should confirm by telephone the date, time, and location of the 
hearing two days before the scheduled date.
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    \14\ See 19 CFR 351.310(c).
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    Unless the deadline is extended, we intend to issue the final 
results of this administrative review, which will include our analysis 
of the issues raised in the case briefs, within 120 days after the date 
of publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Interested Parties

    These preliminary results are issued and published pursuant to 
sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR 351.221(b)(4).


[[Page 14129]]


    Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

    List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of China's Economy
V. Subsidies Valuation
VI. Interest Rate Benchmarks, Discount Rates, and Benchmarks for 
Measuring Adequacy of Remuneration
VII. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VIII. Analysis of Programs
IX. Recommendation

[FR Doc. 2023-04569 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-DS-P