[Federal Register Volume 90, Number 112 (Thursday, June 12, 2025)]
[Notices]
[Pages 24783-24785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10651]
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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 and Partial Rescission of Countervailing Duty
Administrative Review; 2023
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 (aluminum sheet) from the
People's Republic of China (China), during the period of review January
1, 2023, through December 31, 2023. In addition, Commerce is rescinding
this review, in part, with respect to one company. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable June 12, 2025.
FOR FURTHER INFORMATION CONTACT: Amber Hodak or Theodora Mattei, 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) 482-8034 and (202) 482-4834,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 6, 2019, Commerce published in the Federal Register the
countervailing duty (CVD) order on aluminum sheet from China.\1\ On
April 9, 2024, based on timely requests for review, Commerce initiated
this administrative review of the Order on aluminum sheet from
China.\2\ On July 22, 2024, Commerce tolled deadlines in this
administrative proceedings by seven days.\3\ On October 23, 2024, we
extended the time limit for these preliminary results by 104 days, to
February 19, 2025.\4\ On December 9, 2024, Commerce tolled certain
deadlines in this administrative proceeding by an additional 90
days.\5\ On April 25, 2025, Commerce further extended the time period
for using these preliminary results by an additional 16 days.\6\ The
deadline for the preliminary results is now June 5, 2025.
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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, 89 FR 24780, 24797 (April 9, 2024)
(Initiation Notice).
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated
October 23, 2024.
\5\ See Memorandum, ``Tolling Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated April
25, 2025.
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On April 24, 2024, Commerce selected Henan Mingtai Al. Industrial
Co., Ltd. (Henan Mingtai Al.) a mandatory respondent in this review.\7\
On June 17, 2024, Commerce selected an additional mandatory respondent,
Yinbang Clad Material Co., Ltd. (Yinbang).\8\
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\7\ See Memorandum, ``Respondent Selection,'' dated April 24,
2024.
\8\ See Memorandum, ``Selection of Additional Mandatory
Respondent for Individual Examination,'' dated June 17, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\9\
A list of topics included in the Preliminary Decision Memorandum is
provided 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 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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\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Countervailing Duty
Order on Common Alloy Aluminum Sheet from the People's Republic of
China; 2023'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is aluminum sheet from China.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.\10\
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\10\ Id.
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Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no reviewable suspended entries.
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, we preliminarily determine that Alcha International
Holdings Limited (Alcha International) and Jiangsu Alcha
[[Page 24784]]
Aluminium Co., Ltd. (Jiangsu Alcha) (collectively, Alcha Group) \11\
had no entries of subject merchandise during the POR. On October 18,
2024, we notified parties that we intended to rescind this
administrative review with respect to the two companies which have no
reviewable suspended entries.\12\ No parties commented on the
notification of intent to rescind the review, in part. We are,
therefore, now rescinding the administrative review of these companies
which have no reviewable suspended entries. For further information,
see the Preliminary Decision Memorandum the at ``Partial Rescission of
Administrative Review'' section.
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\11\ In previous administrative reviews, Commerce found Jiangsu
Alcha Aluminium Co., Ltd. to be cross-owned with Baotou Alcha
Aluminium Co., Ltd. and Jiangsu Alcha New Energy Materials Co., Ltd.
Commerce also cumulated the benefits from subsidies received by
Alcha International Holdings Limited with the benefits from
subsidies received by Jiangsu Alcha Aluminium Co., Ltd. in
accordance with 19 CFR 351.525(c). Jiangsu Alcha Aluminium Group
Co., Ltd. is the current legal name of the company; this name is
used interchangeably with Jiangsu Alcha Aluminum Group Co., Ltd.
Therefore, Jiangsu Alcha Aluminum Group Co., Ltd. and Jiangsu Alcha
Aluminium Group Co., Ltd. refer to the same entity. Jiangsu Alcha
Aluminum Group Co., Ltd. and Jiangsu Alcha Aluminium Group Co., Ltd
are also known as Jiangsu Alcha Aluminum Co., Ltd. and Jiangsu Alcha
Aluminium Co., Ltd; we recognize all of these company names as the
same entity. Further, the legal name for one of Jiangsu Alcha's
subsidiaries is ``Baotou Alcha Aluminium Co., Ltd.,'' but 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). Thus, we are recognizing the name variations
for Jiangsu Alcha Aluminium Co., Ltd. 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), and accompanying
Preliminary Decision Memorandum (PDM), unchanged in Common Alloy
Aluminum Sheet from the People's Republic of China: Final Results of
Countervailing Duty Administrative Review; 2022, 89 FR 71881
(September 4, 2024), and accompanying Issues and Decision Memorandum
(IDM).
\12\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated October 18, 2024.
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Methodology
Commerce is conducting this administrative review in accordance
with 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For
each of the subsidy programs found 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.\13\ For a full description
of the methodology underlying our 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 Preliminary Decision
Memorandum.
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\13\ 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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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
Henan Mingtai Al. and its cross-owned affiliates, Henan Gongdian
Thermal Co., Ltd. and Zhengzhou Mingtai Industry, Co., Ltd., based
entirely on facts available with adverse inferences, in accordance with
sections 776(a) and 776(b) of the Act.\14\
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\14\ In previous segments of the proceeding on aluminum sheet
from China, Henan Mingtai Al. Industrial Co., Ltd. was referred
under several variations of the name such as: (1) Henan Mingtai
Industrial Co., Ltd.; (2) Henan Mingtai Aluminum Industrial Co.,
Ltd., and (3) Henan Mingtai Al. Industrial Co. Ltd. For these
preliminary results, we are considering these name variations as the
same company (i.e., Henan Mingtai Al. Industrial Co., Ltd.) See
Memorandum, ``Company Name Clarification,'' dated March 3, 2025. In
addition, Commerce previously found Henan Gongdian Thermal Co., Ltd.
to be cross-owned with Henan Mingtai Al. Industrial Co., Ltd. and
Zhengzhou Mingtai Industry, Co., Ltd. Therefore, Henan Mingtai Al.
Industrial Co., Ltd., Zhengzhou Mingtai Industry, Co. Ltd., and
Henan Gongdian Thermal Co., Ltd. will receive the same total subsidy
rate. See Common Alloy Aluminum Sheet from the People's Republic of
China: Preliminary Affirmative Countervailing Duty (CVD)
Determination, Alignment of Final CVD Determination with Final
Antidumping Duty Determination, and Preliminary CVD Determination of
Critical Circumstances, 83 FR 17651 (April 23, 2018), and
accompanying PDM at 10-11, unchanged in Countervailing Duty
Investigation of Common Alloy Aluminum Sheet from the People's
Republic of China: Final Affirmative Determination, 83 FR 57427
(November 15, 2018), and accompanying IDM at 5.
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Preliminary Results of Review
Commerce preliminarily determines that the following net
countervailable subsidy rates exist for the period, January 1, 2023,
through December 31, 2023:
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Subsidy rate
Company (percent ad
valorem)
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Yinbang Clad Material Co., Ltd.......................... 9.45
Henan Mingtai Al. Industrial Co., Ltd. (also known as 238.22
Henan Mingtai Industrial Co., Ltd. and Henan Mingtai
Aluminum Industrial Co., Ltd.); Henan Gongdian Thermal
Co., Ltd.; and Zhengzhou Mingtai Industry, Co., Ltd....
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement 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).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\15\ 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.\16\ 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.\17\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety in ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\15\ See 19 CFR 351.309.
\16\ 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 Procedures).
\17\ 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 briefs 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.\18\ Further,
we request that interested parties limit their
[[Page 24785]]
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 results in this administrative
review. 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).\19\
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\18\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\19\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants and
whether any participants are foreign nationals; and (3) a list of
issues to be discussed. Oral presentations at the hearing will be
limited to issues raised in the briefs. If a request for a hearing is
made, Commerce will inform parties of the scheduled date for the
hearing.\20\
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\20\ See 19 CFR 351.310(d).
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review.
For the companies listed above for which the review is being
rescinded, 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 January
1, 2023, through December 31, 2023, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue rescission instructions to
CBP no earlier than 35 days after the date of publication of this
notice in the Federal Register.
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
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated above 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, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others rate applicable to the
company, as appropriate. These cash deposit instructions, 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 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).
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: June 5, 2025.
Christopher Abbott,
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. Scope of the Order
IV. Diversification of China's Economy
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Subsidies Valuation
VII. Interest Rate Benchmarks, Discount Rates, and Benchmarks for
Measuring Adequacy of Remuneration
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2025-10651 Filed 6-11-25; 8:45 am]
BILLING CODE 3510-DS-P