[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28487-28489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09425]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-896]
Common Alloy Aluminum Sheet From India: Preliminary Results of
Countervailing Duty Administrative Review and Partial Rescission; 2020-
2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that producers/exporters of
[[Page 28488]]
common alloy aluminum sheet (aluminum sheet) from India received
countervailable subsidies during the period of review (POR) August 14,
2020, through December 31, 2021. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable May 4, 2023.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros, 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) 482-4725.
SUPPLEMENTARY INFORMATION:
Background
On April 27, 2021, Commerce published the countervailing duty order
on aluminum sheet from India.\1\ On June 9, 2022, Commerce published in
the Federal Register a notice of initiation of an administrative review
of the Order.\2\ On December 5, 2022, Commerce extended the deadline
for the preliminary results of this administrative review until April
28, 2023.\3\
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\1\ See Common Alloy Aluminum Sheet from Bahrain, India, and the
Republic of Turkey: Countervailing Duty Orders, 86 FR 22144 (April
27, 2021) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165 (June 9, 2022).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2020-2021,''
dated December 5, 2022.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
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 Service 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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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Common
Alloy Aluminum Sheet from India; 2020-2021,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Rescission of Administrative Review, In Part
Pursuant to 19 CFR 351.213(d)(3), Commerce's practice is to rescind
an administrative review of a countervailing duty order when there are
no reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\5\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\6\ 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 assessment rate calculated for the
review period.\7\
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\5\ 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); see also
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).
\6\ See 19 CFR 351.212(b)(2).
\7\ See 19 CFR 351.213(d)(3).
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According to the CBP import data, one company, Virgo Aluminum
Limited (Virgo), did not have a reviewable entry of subject merchandise
during the POR for which liquidation is suspended.\8\ Therefore, we
notified interested parties that we intended to rescind this
administrative review with respect to Virgo and provided parties an
opportunity to submit comments, including factual information to
demonstrate whether there were reviewable entries during the POR for
Virgo.\9\ We received comments from Virgo on our intent to rescind this
review.\10\ However, in response to Commerce's supplemental
questionnaire, Virgo was unable to provide evidence of an entry of
subject merchandise during the POR.\11\ Therefore, in the absence of
reviewable, suspended entries of subject merchandise during the POR, in
accordance with 19 CFR 351.213(d)(3), we are rescinding this
administrative review with respect to Virgo. For further discussion,
see the Preliminary Decision Memorandum.
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\8\ See Memorandum, ``Release of Customs and Border Protection
Data Query,'' dated June 9, 2022.
\9\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated July 6, 2022.
\10\ See Virgo's Letter, ``Virgo' Comments Commerce's Intent to
Rescind the Administrative Review,'' dated July 25, 2022.
\11\ See Virgo's Letter, ``Supplemental Response,'' dated
September 26, 2022, at 1.
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Scope of the Order
The merchandise covered by this Order is aluminum sheet from India.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found to be countervailable, Commerce
preliminarily determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\12\ For a full description
of the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
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\12\ 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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Preliminary Results of Review
As a result of this review, we preliminarily determine that, for
2020 and 2021, the following estimated countervailable subsidy rates
exist:
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Subsidy rate Subsidy rate
Company 2020 (percent 2021 (percent
ad valorem) ad valorem)
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Hindalco Industries Limited \13\........ 37.90 32.43
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Assessment Rates
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\13\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following company to be cross-owned with
Hindalco Industries Limited (Hindalco): Utkal Alumina International
Limited.
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Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review. Commerce intends to issue
assessment instructions to CBP no earlier than 35
[[Page 28489]]
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).
For Virgo, the company for which we are rescinding this
administrative review, 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 time of
entry, or withdrawal from warehouse, for consumption, during the period
August 14, 2020, through December 31, 2021, in accordance with 19 CFR
351.212(c)(l)(i). Commerce intends to issue appropriate assessment
instructions directly to CBP no earlier than 35 days after the date of
publication of this notice in the Federal Register.
Cash Deposit Requirements
Pursuant to section 751(a)(1) of the Act, Commerce also intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts calculated for the year 2021 for Hindalco with
regard to 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. For all non-reviewed firms, CBP will
continue to collect cash deposits of estimated countervailing duties at
the all-others rate or the most recent company-specific rate applicable
to the company, as appropriate. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
Disclosure
Commerce intends to disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results, in
accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary results. Rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than seven days after the deadline date for case briefs after the
deadline date for case briefs.\14\ 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.
All briefs must be filed electronically using ACCESS. An electronically
filed document must be received successfully in its entirety using
ACCESS by 5:00 p.m. Eastern Time on the established deadline. Note that
Commerce has temporarily modified certain of its requirements for
service documents containing business proprietary information, until
further notice.\15\
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\14\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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 do so within 30 days after the publication of these
preliminary results by submitting a written request to the Assistant
Secretary for Enforcement and Compliance using ACCESS. Requests should
contain the party's name, address, and telephone number, and a list of
the issues to be discussed. Issues addressed at the hearing will be
limited to those raised in the briefs. If a request for a hearing is
made, Commerce will inform parties of the scheduled date for the
hearing.\16\
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\16\ See 19 CFR 351.310.
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Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, including the results of
our analysis of the issues raised by the parties in their comments, no
later than 120 days after the date of publication of this notice,
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) and 777(i) of the Act and 19 CFR 351.221(b)(4) and
351.213(d)(4).
Dated: April 27, 2023.
Lisa W. Wang,
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. Rescission of Administrative Review, In Part
V. Subsidies Valuation
VI. Benchmarks and Discount Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2023-09425 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P