76724 Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices 

1See Common Alloy Aluminum Sheet from India: 

Preliminary Results of Antidumping Duty 

Administrative Review; 2020–2022, 88 FR 29082 

(May 5, 2023) (Preliminary Results), and 

accompanying Preliminary Decision Memorandum. 2See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 87 FR 

35165 (June 9, 2022). 3See Memorandum, ‘‘Respondent Selection,’’ 

dated July 1, 2022. 4See Memorandum, ‘‘Extension of Deadline for 

Final Results of Antidumping Duty Administrative 

Review, 2020–2022,’’ dated August 16, 2023. 5See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of the 

Administrative Review of the Antidumping Duty 

Order: Common Alloy Aluminum Sheet from India; 

2020–2022,’’ dated concurrently with and hereby 

adopted by this notice (Issues and Decision 

Memorandum). 

6See 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). 

notification of the return/destruction of 

APO materials, or conversion to judicial 

protective order, is hereby requested. 

Failure to comply with the regulations 

and the terms of an APO is a 

sanctionable violation. 

Notification to Interested Parties 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i)(1) of the Act, and 19 

CFR 351.221(b)(5) and 19 CFR 

351.213(h)(1). 

Dated: November 1, 2023. 

Lisa W. Wang, 

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. Changes Since the Preliminary Results 

V. Discussion of the Issues 

Comment 1: Whether Commerce Should 

Grant Baux a Level of Trade Adjustment 

Comment 2: Whether Commerce Should 

Use Baux’s Updated Databases 

VI. Recommendation 

[FR Doc. 2023–24598 Filed 11–6–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–895] 

Common Alloy Aluminum Sheet From 

India: Final Results of Antidumping 

Duty Administrative Review; 2020– 

2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

common alloy aluminum sheet 

(aluminum sheet) from India was not 

sold in the United States at less than 

normal value during the period of 

review (POR), October 15, 2020, through 

March 31, 2022. 

DATES: Applicable November 7, 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) 482–1110. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 5, 2023, Commerce published 

the Preliminary Results of this 

administrative review and invited 

parties to comment on the Preliminary 

Results.1 This administrative review 

covers two producers/exporters of 

aluminum sheet from India.2 Commerce 

selected one respondent for individual 

examination, Hindalco Industries 

Limited (Hindalco).3 On August 16, 

2023, Commerce extended the time 

period for issuing the final results of 

this review until November 1, 2023.4

For a complete description of the events 

that occurred since the Preliminary 

Results, see the Issues and Decision 

Memorandum.5

Commerce conducted this 

administrative review in accordance 

with section 751 of the Tariff Act of 

1930, as amended (the Act). 

Scope of the Order 6

The products covered by this Order 

are common alloy aluminum sheet from 

India. For a full description of the 

scope, see the Issues and Decision 

Memorandum. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs are addressed in the 

Issues and Decision Memorandum. A 

list of the issues that parties raised and 

to which we responded in the Issues 

and Decision Memorandum is attached 

to this notice as an 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 Service 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 a review of the record and 

comments received from interested 

parties, we made certain changes to the 

margin calculation for these final 

results. However, those adjustments did 

not result in any changes to the 

estimated weighted-average dumping 

margin for Hindalco. For a more 

detailed discussion of these changes, see 

the Issues and Decision Memorandum. 

Rate for Non-Examined Companies 

The Act and Commerce’s regulations 

do not address the establishment of a 

rate to be applied to companies not 

selected for 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 which 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 and de minimis margins, and any 

margins determined entirely {on the 

basis of facts available}.’’ 

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 

Aluminum Limited, the company not 

selected for individual examination in 

this review, a margin of zero percent. 

Final Results of Review 

Commerce determines that the 

following estimated weighted-average 

dumping margins exist for the period 

October 15, 2020, through March 31, 

2022: 


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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices 76725 

7For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 

8See Common Alloy Aluminum Sheet from India: 

Final Affirmative Determination of Sales at Less 

Than Fair Value, 86 FR 13282 (March 8, 2021). 

Exporter/producer 

Weightedaverage 

dumping 

margin 

(percent) 

Hindalco Industries Limited .. 0.00 

Virgo Aluminum Limited ....... 0.00 

Disclosure 

Commerce intends to disclose to 

interested parties the calculations 

performed in connection with the 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 

determination in the Federal Register, 

in accordance with 19 CFR 351.224(b). 

Assessment Rates 

Pursuant to section 751(a)(2)(A) of the 

Act, and 19 CFR 351.212(b)(1), 

Commerce shall determine, and U.S. 

Customs and Border Protection (CBP) 

shall assess, antidumping duties on all 

appropriate entries covered by this 

review. Where the respondent’s 

weighted-average dumping margin is 

either zero or de minimis (i.e., less than 

0.5 percent), we will instruct CBP to 

liquidate the appropriate entries 

without regard to antidumping duties. 

Accordingly, because Hindalco’s 

weighted-average dumping margin is 

zero percent, we will instruct CBP to 

liquidate the appropriate entries 

without regard to antidumping duties. 

For entries of subject merchandise 

during the POR produced by Hindalco 

for which it did not know its 

merchandise was destined for the 

United States, we will instruct CBP to 

liquidate unreviewed entries at the allothers rate if there is no rate for the 

intermediate company(ies) involved in 

the transaction.7 For the company 

which was not selected for individual 

review, Virgo Aluminum Limited, we 

will assign an assessment rate based on 

the methodology described in the ‘‘Rates 

for Non-Examined Companies’’ section, 

above. 

We intend to instruct CBP to take into 

account the ‘‘provisional measures 

deposit cap,’’ in accordance with 19 

CFR 351.212(d). 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 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 

Aluminum Limited will be the rates 

established in the final results of this 

administrative review; (2) for 

merchandise exported by producers or 

exporters not covered in this 

administrative 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 of this 

proceeding; (3) if the exporter is not a 

firm covered in this review, a prior 

review, or the original less-than-fairvalue (LTFV) investigation, but the 

producer is, the cash deposit rate will be 

the rate established for the most recently 

completed segment of this proceeding 

for the producer of the subject 

merchandise; and (4) the cash deposit 

rate for all other manufacturers or 

exporters will continue to be 44.64 

percent, the all-others rate established 

in the LTFV investigation.8 These cash 

deposit requirements, when imposed, 

shall remain in effect until further 

notice. 

Notification to Importers 

This notice serves as a final reminder 

to importers of their responsibility 

under 19 CFR 351.402(f)(2) to file a 

certificate regarding the reimbursement 

of antidumping and/or countervailing 

duties prior to liquidation of the 

relevant entries during this review 

period. Failure to comply with this 

requirement could result in Commerce’s 

presumption that reimbursement of 

antidumping and/or countervailing 

duties occurred and the subsequent 

assessment of double antidumping 

duties, and/or an increase in the amount 

of antidumping duties by the amount of 

the countervailing duties. 

Administrative Protective Order 

This notice also serves as a final 

reminder to parties subject to 

administrative protective order (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/destruction of 

APO materials, or conversion to judicial 

protective order, is hereby requested. 

Failure to comply with the regulations 

and the terms of an APO is a 

sanctionable violation. 

Notification to Interested Parties 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i)(1) of the Act, and 19 

CFR 351.221(b)(5) and 19 CFR 

351.213(h)(1). 

Dated: November 1, 2023. 

Lisa W. Wang, 

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. Changes Since the Preliminary Results 

V. Discussion of the Issues 

Comment 1: Whether Hindalco Properly 

Reported U.S. Gross Unit Price 

Comment 2: Whether Hindalco Withheld 

Information About its Home Market 

Resales 

Comment 3: Whether Hindalco Withheld 

Information About its Deemed Export 

Sales 

Comment 4: Whether the Application of 

Total Adverse Facts Available to 

Hindalco is Warranted 

Comment 5: Whether Hindalco Properly 

Reported Home Market Freight Expenses 

Comment 6: Whether Hindalco’s Early 

Payment Discounts and/or Quantity 

Discounts Should be Used in Calculating 

Normal Value 

Comment 7: Whether Commerce Should 

Revise its Major Input Analysis 

Comment 8: Whether Commerce Should 

Apply the Transactions Disregarded Rule 

to Other Affiliated Party Purchases 

Comment 9: Whether Commerce Should 

Grant Hindalco’s Reported Cost of 

Production Offsets 

Comment 10: Whether Hindalco 

Misclassified Certain Products in its Cost 

Database 

Comment 11: Whether Hindalco’s 

Underreported its General and 

Administrative Expenses 

VI. Recommendation 

[FR Doc. 2023–24597 Filed 11–6–23; 8:45 am] 

BILLING CODE 3510–DS–P 


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