[Federal Register Volume 89, Number 44 (Tuesday, March 5, 2024)]
[Notices]
[Pages 15819-15821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04623]



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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 and 
Rescission of Review, in Part; 2022

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, 
2022, through December 31, 2022. In addition, Commerce is rescinding 
the review in part, with respect to two companies. Interested parties 
are invited to comment on these preliminary results.

DATES: Applicable March 5, 2024.

FOR FURTHER INFORMATION CONTACT: 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) 482-4275.

SUPPLEMENTARY INFORMATION:

Background

    On February 6, 2019, Commerce published in the Federal Register the 
countervailing duty (CVD) order on CAAS from China.\1\ On April 11, 
2023, Commerce published in the Federal Register a notice of initiation 
of an administrative review of the Order.\2\ On May 26, 2023, we 
selected Yinbang Clad Material Co., Ltd. (Yinbang) and Zhengzhou 
Mingtai Industry Co., Ltd. (Zhengzhou Mingtai) as mandatory 
respondents.\3\ Because Zhengzhou Mingtai failed to respond to the 
Initial Questionnaire, we selected Jiangsu Alcha Aluminum Co., Ltd. as 
an additional mandatory respondent.\4\ From January 8 through January 
26, 2024, we conducted virtual verifications for Yinbang and Jiangsu 
Alcha Aluminum Co. Ltd. On February 14, 2024, Commerce initiated an 
investigation on new subsidy and unequityworthiness allegations, which 
we intend to analyze in a post-preliminary memorandum.\5\ On September 
27, 2023, Commerce extended the deadline for completion of these 
preliminary results until February 28, 2024.\6\
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    \1\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019) 
(Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 21609, 21624 (April 11, 2023) 
(Initiation Notice).
    \3\ See Memorandum, ``Respondent Selection Memorandum,'' dated 
May 26, 2023.
    \4\ See Memorandum, ``Selection of Additional Mandatory 
Respondent for Individual Examination,'' dated August 23, 2023.
    \5\ See Memorandum, ``New Subsidy and Unequityworthiness 
Allegations,'' dated February 14, 2024.
    \6\ See Memorandum, ``Extension for Preliminary Results of 
Countervailing Duty Administrative Review; 2022,'' dated September 
27, 2023.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\7\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as an 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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    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review and 
Rescission of Review, in Part: Common Alloy Aluminum Sheet from the 
People's Republic of China; 2022,'' 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 the 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 determine that there is a subsidy, (i.e., a 
government-provided financial contribution that gives rise to a benefit 
to the recipient, and that the subsidy is specific).\8\ For a full 
description of the methodology underlying our preliminary conclusions, 
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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    \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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Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. The requests for review for 
two companies, Mingtai Aluminum and Henan Mingshen New Material 
Technology, were timely withdrawn, pursuant to 19 CFR 351.213(d)(1), by 
the only requesting party.\9\ Because the requests were timely 
withdrawn, and no other parties requested a review of these companies, 
in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this 
review of the Order with respect to these two companies.
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    \9\ See Preliminary Decision Memorandum.
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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. We determined the countervailable subsidy rate for 
Zhengzhou Mingtai based entirely on AFA, in accordance with section 776 
of the Act. Because there are no other producers or exporters subject 
to this review that were 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\
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    \10\ In the Initiation Notice, Commerce also initiated a review 
on Jiangsu Alcha Aluminium Group., Ltd. and Jiangsu Alcha Aluminum 
Group Co., Ltd. The respondent reported that Jiangsu Alcha Aluminium 
Group Co., Ltd. is the current legal name of the company, but is 
used interchangeably with Jiangsu Alcha Aluminum Group Co., Ltd. The 
respondent also reported that due to the recent change, Jiangsu 
Alcha Aluminum Co., Ltd. and Jiangsu Alcha Aluminium Group Co., Ltd. 
refer to the same entity.
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    Commerce preliminarily determines the net countervailable subsidy 
rates for the period January 1, 2022, through December 31, 2022, are as 
follows:

[[Page 15820]]



------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                       (percent ad
                                                             valorem)
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Jiangsu Alcha Aluminum Co., Ltd., Jiangsu Alcha                    23.27
 Aluminium Co., Ltd. (now known as Jiangsu Alcha
 Aluminium Group Co., Ltd., and Jiangsu Alcha Aluminum
 Group Co., Ltd.); \11\ Alcha International Holdings
 Limited; Baotou Alcha Aluminium Co., Ltd., Baotou Alcha
 Aluminum Co., Ltd., Baotou Alcha North Aluminum Co.,
 Ltd., and Baotou Changlv Northern Aluminium Industry
 Co., Ltd.; \12\ and Jiangsu Alcha New Energy Materials
 Co., Ltd.\13\..........................................
Yinbang Clad Material Co., Ltd. (Yinbang)...............           29.96
Zhengzhou Mingtai Industry Co., Ltd.....................          379.60
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Disclosure and Public Comment

    We will disclose to interested parties the calculations performed 
for these preliminary results within five days of the date of 
publication of this notice.\14\ Case briefs or other written comments 
may be submitted to the Assistant Secretary for Enforcement and 
Compliance. Commerce will notify interested parties of the deadline for 
submission of case briefs. Rebuttal briefs, limited to issues raised in 
the case briefs, may be filed not later than five days after the date 
for filing case briefs.\15\ Interested parties who submit case briefs 
or rebuttal briefs in this proceeding must submit: (1) a table of 
contents listing each issue; and (2) a table of authorities.\16\
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    \11\ See supra, n. 11; see also Preliminary Decision Memorandum.
    \12\ See Preliminary Decision Memorandum at Section II, 
``Background.''
    \13\ Id. at Section ``B. Attribution of Subsidies'' under ``V. 
Subsidies Valuation.''
    \14\ See 19 CFR 351.224(b).
    \15\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \16\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\17\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final determination in this investigation. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\18\
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    \17\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \18\ See APO and Service Final Rule.
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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, U.S. Department of Commerce, filed 
electronically, using ACCESS. Hearing requests should contain the 
party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the case and rebuttal 
briefs. An electronically filed request must be received successfully 
in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days of 
the publication date of this notice. If a request for a hearing is 
made, parties will be notified of the time and date of the hearing.\19\
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    \19\ See 19 CFR 351.310(d).
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Assessment Rates

    In accordance with 751(a)(2)(C) of the Act and 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 Aluminum Group 
Co., Ltd., Jiangsu Alcha Aluminium Group Co., Ltd., Jiangsu Alcha 
Aluminum Co., Ltd. and Jiangsu Alcha Aluminium 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.
    For Mingtai Aluminum and Henan Mingshen New Material Technology, 
the companies for which this review is being rescinded with these 
preliminary results, we 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 January 
1, 2022, through December 31, 2022, in accordance with 19 CFR 
351.212(c)(1)(i). 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

    In accordance with section 751(a)(2)(C) 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 all of 
its name variations identified in this notice. 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.

Final Results

    Unless the deadline is extended, we intend to issue the final 
results of this

[[Page 15821]]

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 in the Federal Register, 
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 351.213 and 
351.221(b)(4).

    Dated: February 28, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. New Subsidy Allegation
IV. Rescission of Administrative Review, in Part
V. Scope of the Order
VI. Diversification of China's Economy
VII. Subsidies Valuation
VIII. Interest Rate Benchmarks, Discount Rates, and Benchmarks for 
Measuring Adequacy of Remuneration
IX. Use of Facts Otherwise Available and Application of Adverse 
Inferences
X. Analysis of Programs
XI. Recommendation

[FR Doc. 2024-04623 Filed 3-4-24; 8:45 am]
BILLING CODE 3510-DS-P