[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Pages 50843-50845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16463]


-----------------------------------------------------------------------

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; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that

[[Page 50844]]

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.

DATES: Applicable August 2, 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

    Commerce published the Preliminary Results of this administrative 
review in the Federal Register on March 7, 2023, and invited interested 
parties to comment.\1\ On April 17, 2023, we received a case brief \2\ 
from the domestic industry.\3\ On April 24, 2023, we received a joint 
rebuttal brief from Alcha \4\ and Yinbang Clad Materials Co., Ltd. 
(Yinbang).\5\ For a detailed description of the events that occurred 
subsequent to the Preliminary Results, see the Issues and Decision 
Memorandum.\6\ On June 21, 2023,\7\ in accordance with section 
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce 
extended the deadline for issuing the final results until July 28, 
2023.
---------------------------------------------------------------------------

    \1\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Preliminary Results of Countervailing Duty Administrative 
Review; 2021, 88 FR 14127 (March 7, 2023) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Domestic Industry's Letter, ``Case Brief,'' dated April 
17, 2023.
    \3\ The domestic industry is represented by the Aluminum 
Association Common Alloy Aluminum Sheet Trade Enforcement Working 
Group and its individual members are: Arconic Corporation; 
Commonwealth Rolled Products, Inc.; Constellium Rolled Products 
Ravenswood, LLC; Jupiter Aluminum Corporation; JW Aluminum Company; 
and Novelis Corporation.
    \4\ The ``Alcha'' companies include the following: Alcha 
International Holdings Limited (Alcha International); Jiangsu Alcha 
Aluminium Group Co., Ltd. (Jiangsu Alcha); Baotou Alcha Aluminium 
Co., Ltd. (Baotou Alcha); and Jiangsu Alcha New Energy Materials 
Co., Ltd. (Alcha Materials). We refer to Alcha International, 
Jiangsu Alcha, Baotou Alcha, and Jiangsu Alcha Materials, hereafter, 
collectively, ``Alcha.''
    \5\ See Alcha's and Yinbang's Letter, ``Rebuttal Brief,'' dated 
April 24, 2023.
    \6\ 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; 
2021,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
    \7\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated June 21, 2023.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by the order is CAAS from China.\8\ For a 
complete description of the scope of this Order, see the Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    \8\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019) 
(Order).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised by interested parties are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed 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 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 our analysis of comments from interested parties and the 
evidence on the record, we revised the calculation of the net 
countervailable subsidy rates for Alcha and Yinbang. For a discussion 
of the issues and changes, see Issues and Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Act. For each of the subsidy programs 
found countervailable, we find 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.\9\ The Issues and 
Decision Memorandum contains a full description of the methodology 
underlying Commerce's conclusions, including any determination that 
relied upon the use of adverse facts available pursuant to sections 
776(a) and (b) of the Act.
---------------------------------------------------------------------------

    \9\ 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.
---------------------------------------------------------------------------

Final Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(5), 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.
---------------------------------------------------------------------------

    \10\ 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.'' (formerly 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.''
    \11\ 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.''
    \12\ We find that Baotou Alcha and Alcha Materials are crossed-
owned with Jiangsu Alcha. In addition, Alcha International is wholly 
owned by Jiangsu Alcha. For further discussion, see Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    Commerce determines the net countervailable subsidy rates for the 
period January 1, 2021, through December 31, 2021, are as follows:

------------------------------------------------------------------------
                                                               Subsidy
                                                                 rate
                          Company                            (percent ad
                                                               valorem)
------------------------------------------------------------------------
Alcha International Holdings Limited; Jiangsu Alcha                11.25
 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.);
 \10\ Baotou Alcha Aluminium Co., Ltd., Baotou Alcha
 Aluminum Co., Ltd., Baotou Alcha North Aluminum Co., Ltd.,
 and Baotou Changlv Northern Aluminium Industry Co., Ltd.;
 \11\ and Jiangsu Alcha New Energy Materials Co., Ltd \12\.

[[Page 50845]]

 
Yinbang Clad Material Co., Ltd.............................        12.21
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.221(b)(2), Commerce will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review, for the companies listed above at the applicable ad 
valorem assessment rates listed. We intend to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of these 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 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. 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 
as identified in this notice. These cash deposit requirements, 
effective upon publication of the final results of review, shall remain 
in effect until further notice.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an APO 
of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. 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 violation which 
is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review and notice in accordance with sections 751(a)(l) and 777(i)(l) 
of the Act, and 19 CFR 351.221(b)(5).

    Dated: July 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Diversification of China's Economy
V. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Changes Since the Preliminary Results
IX. Discussion of the Issues
    Comment 1: Whether Commerce Should Find That Falcon Technology 
Co., Ltd. Met the Criteria for Attribution of Subsidies with Yinbang 
and Apply an AFA Subsidy Rate for Each Initiated Program to Falcon
    Comment 2: Whether Commerce Should Find Alcha and Yinbang Used 
the Export Buyer's Credit Program as Adverse Facts Available
    Comment 3: Whether Commerce Should Subtract Certain Adjustment 
Amounts From Yinbang's POR Sales Value
    Comment 4: Whether Commerce Should Revise its Calculation of the 
Benchmark for Primary Aluminum for Less Than Adequate Remuneration
    Comment 5: Whether Commerce Should Apply Partial AFA to Jiangsu 
Alcha and Include Financing From Non-Reporting Affiliates as Policy 
Loans to the Common Alloy Sheet Industry (Policy Loans to the CAAS 
Industry) Program
    Comment 6: Whether Commerce Should Make Certain Adjustments to 
the Calculation of Benefit From Certain Financial Leases of Yinbang 
Under Policy Loans to the CAAS Industry
    Comment 7: Whether Commerce Should Make Certain Revisions to Its 
Calculation of Baotou Alcha's Benefits From Policy Loans to the CAAS 
Industry
    Comment 8: Whether Commerce Should Make Certain Revisions to Its 
Calculation for Provision of Electricity for LTAR
X. Recommendation

[FR Doc. 2023-16463 Filed 8-1-23; 8:45 am]
BILLING CODE 3510-DS-P