[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29082-29084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09569]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-895]


Common Alloy Aluminum Sheet From India: Preliminary Results of 
Antidumping Duty Administrative Review; 2020-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty (AD) order on common 
alloy aluminum sheet (aluminum sheet) from India. Commerce 
preliminarily finds that sales of aluminum sheet from India were not 
sold in the United States at less than normal value (NV) during the 
POR. We invite interested parties to comment on these preliminary 
results. The period of review (POR) is October 15, 2020, through March 
31, 2022.

DATES: Applicable May 5, 2023.

FOR FURTHER INFORMATION CONTACT: Rachel Jennings, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6274.

SUPPLEMENTARY INFORMATION: 

Background

    On April 27, 2021, Commerce published the AD order on aluminum 
sheet from India.\1\ On June 9, 2022, Commerce initiated an 
administrative review of the Order, in accordance with section 751(a) 
of the Tariff Act of 1930, as amended (the Act).\2\ This administrative 
review covers two producers/exporters of the subject merchandise, 
Hindalco Industries Limited (Hindalco) and Virgo Aluminum Limited 
(Virgo).
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    \1\ See Common Alloy Aluminum Sheet from Bahrain, Brazil, 
Croatia, Egypt, Germany, India, Indonesia, Italy, Oman, Romania, 
Serbia, Slovenia, South Africa, Spain, Taiwan and the Republic of 
Turkey: Antidumping Duty Orders, 86 FR 22139 (April 27, 2021) 
(Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 35165 (June 9, 2022).
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    On December 5, 2022, Commerce extended the deadline for the 
preliminary results until April 28, 2023.\3\ For a complete description 
of the events that followed the initiation of this review, see the 
Preliminary Decision Memorandum.\4\
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    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review, 2020-2022,'' 
dated December 5, 2022.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Common Alloy Aluminum Sheet from India; 2020-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The products covered by this Order are common alloy aluminum sheet 
from India. For a full description of the scope, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. Export price is calculated in accordance with 
section 772 of the Act. NV is calculated in accordance with section 773 
of the Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
topics included in the Preliminary Decision Memorandum is included as 
an appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rates for Non-Examined Company

    Neither the Act nor Commerce's regulations 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 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a market 
economy investigation, for guidance when calculating the rate for 
companies that were not selected for individual examination in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted-average of 
the estimated weighted average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    Where the dumping margin for individually examined respondents are 
all zero, de minimis, or based entirely on facts available, section 
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable 
method to establish the estimated all-others rate for exporters and 
producers not individually investigated, including averaging the 
estimated weighted average dumping margins determined for the exporters 
and producers individually investigated.''
    In this review, we calculated a weighted-average dumping margin for 
Hindalco that is zero and we did not calculate any margins which are 
not zero, de minimis, determined entirely on the basis of facts 
available. Therefore, consistent with section 735(c)(5)(B) of the Act, 
we are applying to Virgo, the company not selected for individual 
examination in this review, a margin of zero percent.

[[Page 29083]]

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the period October 15, 2020, through March 
31, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hindalco Industries Limited.................................        0.00
Virgo Aluminum Limited......................................        0.00
------------------------------------------------------------------------

Assessment Rates

    Upon completion of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), if 
Hindalco's weighted-average dumping margin is not zero or de minimis 
(i.e., less than 0.5 percent) in the final results of this review, we 
will calculate importer-specific assessment rates based on the ratio of 
the total amount of dumping calculated for the importer's examined 
sales to the total entered value of those same sales. If Hindalco's 
weighted-average dumping margin is zero or de minimis, or if an 
importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties. For Virgo, the company not selected for individual 
review, we will assign an assessment rate based on the rate for 
Hindalco, calculated as noted in the ``Preliminary Results of Review'' 
section above. The final results of this review shall be the basis for 
the assessment of antidumping duties on entries of merchandise covered 
by this review and for future deposits of estimated duties, where 
applicable.\5\
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    \5\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Hindalco 
for which it did not know that the merchandise was destined for the 
United States, we will instruct CBP to liquidate those entries at the 
all-others rate established in the original less-than-fair value (LTFV) 
investigation (i.e., 44.64 percent) \6\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\7\
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    \6\ See Order.
    \7\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    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 expire (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for Hindalco and 
Virgo in the final results of review will be equal to the weighted-
average dumping margin established in the final results of this 
administrative review except if the rate is less than 0.50 percent and, 
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in 
which case the cash deposit rate will be zero; (2) for merchandise 
exported by a company not covered in this review but covered in a prior 
segment of the proceeding, the cash deposit rate will continue to be 
the company-specific rate published for the most recently-completed 
segment in which they were reviewed; (3) if the exporter is not a firm 
covered in this review or the original LTFV investigation, but the 
producer is, then the cash deposit rate will be the rate established 
for the most recently-completed segment of this proceeding for the 
producer of the merchandise; (4) the cash deposit rate for all other 
producers or exporters will continue to be 44.64 percent,\8\ the all-
others rate established in the LTFV investigation. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \8\ See Order.
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Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results or, if 
there is no public announcement, within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). A 
timeline for the submission of case and rebuttal briefs and written 
comments will be provided to interested parties at a later date. 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed not later than seven days after the date for filing case 
briefs.\9\ Parties who submit case briefs or rebuttal briefs in this 
proceeding 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.\10\ Case and rebuttal briefs should be filed using ACCESS 
\11\ and must be served on interested parties.\12\ Executive summaries 
should be limited to five pages total, including footnotes. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\13\
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    \9\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) 
(Temporary Rule).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ See generally 19 CFR 351.303.
    \12\ See 19 CFR 351.303(f).
    \13\ See Temporary Rule.
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    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary, filed electronically via 
ACCESS.\14\ Requests should contain the party's name, address, and 
telephone number, the number of participants, whether any participant 
is a foreign national, and a list of the issues to be discussed. Issues 
raised in the hearing will be limited to those raised in the respective 
case and rebuttal briefs.\15\ 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 the date and time of the hearing two 
days before the scheduled date. Parties are reminded that all briefs 
and hearing requests must be filed electronically using ACCESS and 
received successfully in their entirety by 5:00 p.m. Eastern Time on 
the due date.
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    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310.
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not 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 Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR.

[[Page 29084]]

Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping duties occurred and the 
subsequent assessment of doubled antidumping duties.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: April 28, 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2023-09569 Filed 5-4-23; 8:45 am]
BILLING CODE 3510-DS-P