[Federal Register Volume 89, Number 171 (Wednesday, September 4, 2024)]
[Notices]
[Pages 71881-71883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19832]


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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; 2022

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

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

DATES: Applicable September 4, 2024.

FOR FURTHER INFORMATION CONTACT: Scarlet K. Jaldin or Amber Hodak, 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 or (202) 
482-8034, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 5, 2024, Commerce published the Preliminary Results of 
this administrative review in the Federal Register.\1\ On June 6, 2024, 
Commerce extended the deadline for issuing these final results to 
August 21, 2024.\2\ On July 12, 2024, Commerce released its Post-
Preliminary Analysis.\3\ On July 12, 2024, we invited parties to 
comment on both the Preliminary Results and the Post-Preliminary 
Results.\4\ We received timely filed case and rebuttal briefs from 
Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement 
Working Group and its individual members \5\ (collectively, the 
domestic industry),\6\ Jiangsu Alcha Aluminum Co., Ltd. (Jiangsu 
Alcha), Yinbang Clad Material Co., Ltd. (Yinbang). On July 22, 2024, 
Commerce tolled certain deadlines in this administrative proceeding by 
seven days.\7\ The deadline for the final results is now August 28, 
2024. For a detailed description of the events that followed the 
Preliminary Results, see the Issues and Decision Memorandum.\8\
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    \1\ See 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, 89 FR 15819 (March 
5, 2024) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review,'' dated June 6, 2024.
    \3\ See Memorandum, ``Post-Preliminary Analysis,'' dated July 
12, 2024 (Post Preliminary Results).
    \4\ See Memorandum, ``Briefing Schedule,'' dated July 12, 2024.
    \5\ The individual members of the Aluminum Association Common 
Alloy Aluminum Sheet Trade Enforcement Working Group are: Arconic 
Corporation; Commonwealth Rolled Products, Inc; Constellium Rolled 
Products Ravenswood, LLC; Jupiter Aluminum Corporation; JW Aluminum 
Company; and Novelis Corporation.
    \6\ See Jiangsu Alcha and Yinbang's Letter, ``Case Brief,'' 
dated April 4, 2024; see also Domestic Industry's Letter, ``Domestic 
Industry's Affirmative Case Brief,'' dated July 22, 2024; Domestic 
Industry's Letter, ``Domestic Industry's Rebuttal Case Brief,'' 
dated July 29, 2024 (Domestic Industry's Rebuttal Brief); and Alcha 
Group's Letter, ``Rebuttal Case Brief,'' dated July 29, 2024 (Alcha 
Group's Rebuttal Brief).
    \7\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \8\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Countervailing Duty Administrative Review of Common Alloy 
Aluminum Sheet from the People's Republic of China; 2022,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order \9\
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    \9\ See Common Alloy Aluminum Sheet from the People's Republic 
of China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019) 
(Order).
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    The product covered by the Order is CAAS from China. For a complete 
description of the scope of the of the Order, see the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in their case briefs 
are addressed in the Issues and Decision Memorandum. A list of the 
issues raised is attached as an appendix to this notice. The Issues and 
Decision Memorandum is a public document and

[[Page 71882]]

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 arguments raised and a review of the record and all 
supporting documentation, we made certain changes to the Preliminary 
Results with respect to the subsidy rate calculations for the provision 
of primary aluminum for less than adequate remuneration (LTAR), the 
provision of electricity for LTAR, and Alcha Group's 2022 equity 
infusion. For a discussion of the issues and changes, see Issues and 
Decision Memorandum.

Methodology

    Commerce conducted 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 found to be countervailable, we 
determine that there is a subsidy, i.e., a financial contribution from 
a government or public entity that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\10\ For a full description 
of the methodology underlying Commerce's conclusions, including our 
reliance, in part, on facts otherwise available with adverse inferences 
pursuant to sections 776(a) and (b) of the Act, see the Issues and 
Decision Memorandum.
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    \10\ 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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Final Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(5), Commerce calculated the 
following net countervailable subsidy rates for the period January 1, 
2022, through December 31, 2022:
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    \11\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 21609, 21624 (April 11, 2023) 
(Initiation Notice). 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 Group Co., Ltd. and Jiangsu Alcha 
Aluminium Group Co., Ltd. refer to the same entity.
    \12\ 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 have treated ``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 supra, n.11; see also Preliminary Results PDM.
    \13\ See Preliminary Results PDM at Section II, ``Background.''
    \14\ We calculated this company's rate based entirely on AFA, in 
accordance with section 776 of the Act. See Preliminary Results PDM 
at 19-25.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Jiangsu Alcha Aluminium Group Co., Ltd., and Jiangsu               21.41
 Alcha Aluminum Group Co., Ltd. (both formerly known as
 Jiangsu Alcha Aluminum Co., Ltd., Jiangsu Alcha
 Aluminium 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..........................           22.76
Zhengzhou Mingtai Industry Co., Ltd.\14\................          373.06
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Disclosure

    Commerce intends to disclose the calculations and analysis 
performed to interested parties for these final results within five 
days of any public announcement or, if there is no public announcement, 
within five days of the date of publication of the notice of final 
results in the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries for the above-listed companies at the applicable ad valorem 
assessment rates. Commerce intends to issue assessment instructions to 
CBP no earlier than 35 days after the 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 Instructions

    In accordance with section 751(a)(1) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown for each company 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.'' and ``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 these final results, shall remain in 
effect until further notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the disposition 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 sanctionable violation.

Notification to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR 351.221(b)(5).


[[Page 71883]]


    Dated: August 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Application of Adverse 
Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Programs Determined to Confer a Non-Measurable Benefit During 
the POR
VIII. Programs Determined to Be Not Used
IX. Changes Since the Preliminary Results
X. Discussion of the Issues
    Comment 1: Whether Commerce Failed to Ensure the Consistency and 
Accuracy of the Primary Aluminum Pricing Data
    Comment 2: Whether Commerce Should Continue to Use the Average 
Prices for Alloyed and Non-Alloyed Aluminum to Calculate the Primary 
Aluminum Benchmark
    Comment 3: Whether Commerce Should Use a Different Value Added 
Tax Rate When Calculating the Primary Aluminum Benchmark
    Comment 4: Whether Commerce Should Correct Its Calculation of 
Inland Freight
    Comment 5: Whether Commerce Should Continue to Apply Facts 
Available to Yinbang's Provision of Land for LTAR
    Comment 6: Whether Commerce Should Continue to Apply Facts 
Available to Alcha Group's Policy Loans to the CAAS Industry
    Comment 7: Whether Commerce Should Revise Its Methodology to 
Attribute Alcha International's Policy Loans
    Comment 8: Whether Commerce Should Revise the Calculations for 
the Provision of Electricity
XI. Recommendation

[FR Doc. 2024-19832 Filed 9-3-24; 8:45 am]
BILLING CODE 3510-DS-P