[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76724-76725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24597]


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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\
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    \1\ See 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.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 35165 (June 9, 2022).
    \3\ See Memorandum, ``Respondent Selection,'' dated July 1, 
2022.
    \4\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review, 2020-2022,'' dated August 
16, 2023.
    \5\ See 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).
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    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order <SUP>6</SUP>
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    \6\ See 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).
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    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{time} .''
    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:

[[Page 76725]]



------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/producer                     dumping margin
                                                             (percent)
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Hindalco Industries Limited.............................            0.00
Virgo Aluminum Limited..................................            0.00
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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 all-others 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.
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    \7\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    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-fair-value (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.
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    \8\ See Common Alloy Aluminum Sheet from India: Final 
Affirmative Determination of Sales at Less Than Fair Value, 86 FR 
13282 (March 8, 2021).
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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