[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12429-12431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04608]


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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; 2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of common alloy aluminum sheet (aluminum sheet) from the 
People's Republic of China (China). The period of review (POR) is 
January 1, 2020, through December 31, 2020. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable March 4, 2022.

FOR FURTHER INFORMATION CONTACT: Natasia Harrison or Harrison Tanchuck, 
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) 482-1240 or (202) 
482-7421, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2021, Commerce published in the Federal Register a 
notice of initiation of an administrative review of the countervailing 
duty (CVD)

[[Page 12430]]

order \1\ on aluminum sheet from China.\2\ On October 20, 2021, 
Commerce extended the deadline for the preliminary results of this 
review by 117 days to February 25, 2022.\3\
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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, 86 FR 17124 (April 1, 2021) (Initiation 
Notice).
    \3\ See Memorandum, ``Common Alloy Aluminum Sheet from the 
People's Republic of China: Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review; 2020,'' dated 
October 20, 2021.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
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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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review of Common 
Alloy Aluminum Sheet from the People's Republic of China; 2020,'' 
dated concurrently, 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.\5\
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    \5\ Id. at section ``Scope of the Order.
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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 found countervailable, we 
preliminarily find that there is a subsidy, i.e., a financial 
contribution by an ``authority'' that confers a benefit to the 
recipient, and that the subsidy is specific.\6\ For a full description 
of the methodology underlying our preliminary conclusions, including 
our reliance, in part, on adverse facts available (AFA) pursuant to 
sections 776(a) and (b) of the Act, see the Preliminary Decision 
Memorandum.
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    \6\ 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(5)(A) of the Act regarding specificity.
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    Commerce notes that, in making these findings, it relied, in part, 
on facts available and, because it finds that the Government of China 
(GOC) did not respond to the Initial CVD Questionnaire,\7\ it 
therefore, did not provide necessary information, as requested. Based 
on that, Commerce has determined that the GOC did not act to the best 
of its ability to respond to Commerce's request for information, and 
therefore drew an adverse inference where appropriate in selecting from 
among the facts otherwise available. For further information, see ``Use 
of Facts Otherwise Available and Adverse Inferences'' in the 
Preliminary Decision Memorandum.
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    \7\ See Commerce's Letter, ``Administrative Review of the 
Countervailing Duty Order on Common Alloy Aluminum Sheet from the 
People's Republic of China: Countervailing Duty Questionnaire,'' 
dated May 20, 2021 (Initial CVD Questionnaire).
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Preliminary Results of Review

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated a 
countervailable subsidy rate for mandatory respondents Jiangsu Alcha 
Aluminum Co., Ltd. and Alcha International Holdings Limited. We 
determined the countervailable subsidy rate for Yinbang Clad Material 
Co., Ltd. based entirely on AFA, in accordance with section 776 of the 
Act. Because there are no other producers or exporters subject to this 
review and not selected for individual examination (i.e., non-selected 
companies), Commerce does not need to establish the rate for non-
selected companies in this review.
    Commerce preliminarily determines that, during the POR, the 
following countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                                                                rate ad
                           Company                              valorem
                                                               (percent)
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Jiangsu Alcha Aluminum Co., Ltd.\8\/Alcha International            17.33
 Holdings Limited \9\.......................................
Yinbang Clad Material Co., Ltd..............................    * 252.22
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* Rate based on AFA.

Disclosure and Public Comment

    Commerce will disclose to parties to this review the calculations 
performed for these preliminary results within five days of the date of 
publication of this notice.\10\ Interested parties may submit case 
briefs no later than 30 days after the date of publication of these 
preliminary results of review.\11\ Rebuttals to case briefs may be 
filed no later than seven days after the case briefs are filed, and all 
rebuttal comments must be limited to comments raised in the case 
briefs.\12\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information until further notice.\13\
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    \8\ This rate applies to Jiangsu Alcha Aluminum Co., Ltd. and 
its cross-owned companies: Baotou Alcha Aluminum Co., Ltd. and 
Jiangsu Alcha New Energy Materials Co., Ltd.
    \9\ We are cumulating the benefits from subsidies received by 
Alcha International Holdings Limited, which exported subject 
merchandise produced by Jiangsu Alcha Aluminum Co., Ltd., to the 
United States during the POR, with the benefits from subsidies 
received by Jiangsu Alcha Aluminum Co., Ltd., during the POR. For 
further discussion, see the Preliminary Decision Memorandum at 
``Attribution of Subsides.''
    \10\ See 19 CFR 351.224(b).
    \11\ See 19 CFR 351.309(c).
    \12\ See 19 CFR 351.309(d).
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18, 
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
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    Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit 
case briefs or rebuttal briefs in this review are encouraged to submit 
with each argument: (1) A statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must do so within 30 days of publication of these 
preliminary results by submitting a written request to the Assistant 
Secretary for Enforcement and Compliance using Enforcement and 
Compliance's ACCESS system.\14\ Requests should contain the party's 
name, address, and telephone number, the number of participants, 
whether any participant is a foreign national, and a list of the issues 
to be discussed. Issues addressed at the hearing will be limited to 
those raised in the briefs. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined.\15\ Parties should confirm by telephone the date and time 
of the hearing two days before the scheduled date.
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    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310(d).
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    Parties are reminded that all briefs and hearing requests must be 
filed electronically using ACCESS and received successfully in their 
entirety by 5:00 p.m. Eastern Time on the due date.

Assessment Rate

    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, countervailing duties

[[Page 12431]]

on all appropriate entries covered by this review. If the assessment 
rate calculated in the final results is zero or de minimis, we will 
instruct CBP to liquidate all appropriate entries without regard to 
countervailing duties. We intend 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 Rate

    Pursuant to section 751(a)(1) of the Act, upon issuance of the 
final results, Commerce intends to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amounts indicated 
for each of the respective companies 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, except where the rate calculated in the final results is 
zero or de minimis, no cash deposit will be required. These cash 
deposit instructions, when imposed, shall remain in effect until 
further notice.

Final Results of Review

    Commerce intends to issue the final results of this administrative 
review, including the results of our analysis of the issues raised by 
the parties in their comments, no later than 120 days after the date of 
publication of this notice, pursuant to section 751(a)(3)(A) of the Act 
and 19 CFR 351.213(h), unless this deadline is extended.

Notification to Interested Parties

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 
and 19 CFR 351.221(b)(4).

    Dated: February 25, 2022.
Lisa W. Wang,
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. Subsidies Valuation
VI. Loan Interest Rate Benchmarks, Discount Rates, and Benchmarks to 
Determine the Adequacy of Remuneration
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Recommendation

[FR Doc. 2022-04608 Filed 3-3-22; 8:45 am]
BILLING CODE 3510-DS-P