Common Alloy Aluminum Sheet From The Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Determination of Critical Circumstances in Part, and Alignment of Final Determination With Final Antidumping Duty Determination, 49629-49631 [2020-17810]

Download as PDF Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Notices Register on August 4, 2020, concerning a request for comments on the 2020 Census Count Question Resolution Operation (CQR). This notice contained two errors referenced within the document: One incorrect date and one misused word. The corrections are explained below. FOR FURTHER INFORMATION CONTACT: Requests for additional information or specific questions related to collection activities should be directed to Robin A. Pennington, Decennial Census Management Division, Program Management Office, by phone 301–763– 8132 or by email robin.a.pennington@ census.gov. SUPPLEMENTARY INFORMATION: Correction The Federal Register of August 4, 2020, Vol. 85, Number 150, pp. 47162– 47165, FR Doc No.: 2020–16962 listed an incorrect date for the population counts sent to the President (located in the first column/paragraph on page 47163). The Census Bureau plans to deliver the population counts to the President on the originally established deadline, December 31, 2020. In addition, the same sentence used ‘‘identify’’ erroneously; the appropriate word is ‘‘identity’’. As such, we request an amendment to the text of the Federal Register as follows: ‘‘The CQR does not revise the population counts sent to the President by December 31, 2020, which determine the apportionment to the U.S. House of Representatives or revise the population counts relating to differential privacy, which is the new mathematical approach developed to protect the identity of individual respondents in the 2020 Census population counts.’’ Dated: August 11, 2020. Sheleen Dumas, Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2020–17797 Filed 8–13–20; 8:45 am] khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE 3510–07–P VerDate Sep<11>2014 17:29 Aug 13, 2020 DEPARTMENT OF COMMERCE International Trade Administration [C–489–840] Common Alloy Aluminum Sheet From The Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Determination of Critical Circumstances in Part, and Alignment of Final Determination With Final Antidumping Duty Determination 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 Republic of Turkey (Turkey). The period of investigation is January 1, 2019 through December 31, 2019. Interested parties are invited to comment on this preliminary determination. DATES: Applicable August 14, 2020. FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3586. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on April 7, 2020.1 On May 19, 2020, Commerce postponed the preliminary determination of this investigation and the revised deadline is now August 7, 2020.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix 1 See Common Alloy Aluminum Sheet from Bahrain, Brazil, India, and the Republic of Turkey: Initiation of Countervailing Duty Investigations, 85 FR 19449 (April 7, 2020) (Initiation Notice). 2 See Common Alloy Aluminum Sheet from Bahrain, Brazil, India, and the Republic of Turkey: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 85 FR 29930 (May 19, 2020). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination in the Countervailing Duty Investigation of Common Alloy Aluminum Sheet from the Republic of Turkey,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). Jkt 250001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 49629 II 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://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is common alloy aluminum sheet from Turkey. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the Preamble to Commerce’s regulations,4 we set aside a period of time, as stated in the Initiation Notice, for parties to raise issues regarding product coverage (i.e., scope).5 We received several comments concerning the scope of the antidumping duty (AD) and countervailing duty (CVD) investigations of aluminum sheet as it appeared in the Initiation Notice. We are currently evaluating the scope comments filed by the interested parties. We intend to issue our preliminary decision regarding the scope of the AD and CVD investigations in the preliminary determinations of the companion AD investigations, the deadline for which is October 6, 2020.6 We will incorporate the scope decisions from the AD investigations into the scope of the final CVD determination for this investigation after considering any relevant comments submitted in scope case and rebuttal briefs.7 Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 85 FR at 19450. 6 See Common Alloy Aluminum Sheet from Bahrain, Brazil, Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, Taiwan, and the Republic of Turkey: Postponement of Preliminary Determinations in the Less-ThanFair-Value Investigations, 85 FR 45576, 45577 (July 29, 2020). 7 The deadline for interested parties to submit scope case and rebuttal briefs will be established in the preliminary scope decision memorandum. E:\FR\FM\14AUN1.SGM 14AUN1 49630 Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Notices 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.8 Commerce notes that, in making these findings, it relied, in part, on facts available and, because Commerce finds that one or more respondents did not act to the best of their ability to respond to Commerce’s requests for information, Commerce drew an adverse inference where appropriate in selecting from among the facts otherwise available.9 For further information, see ‘‘Use of Facts Otherwise Available and Application of Adverse Inferences’’ in the Preliminary Decision Memorandum. Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final CVD determination in this investigation with the final determination in the companion AD investigation of aluminum sheet from Turkey based on a request made by the Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group and its individual members, Aleris Rolled Products, Inc., Arconic, Inc., Constellium Rolled Products Ravenswood, LLC, JW Aluminum Company, Novelis Corporation, and Texarkana Aluminum, Inc. (the petitioners).10 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than December 21, 2020, unless postponed. Preliminary Affirmative Determination of Critical Circumstances, in Part khammond on DSKJM1Z7X2PROD with NOTICES In accordance with section 703(e)(1) of the Act, Commerce preliminarily determines that critical circumstances exist with respect to imports of aluminum sheet from Turkey for Assan Aluminyum Sanayi ve Ticaret A.S. (Assan), but do not exist with respect to Teknik Aluminyum Sanayi A.S. (Teknik) or for all other exporters or producers not individually examined. For a full description of the methodology and results of Commerce’s 8 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. 9 See sections 776(a) and (b) of the Act. 10 See Petitioners’ Letter, ‘‘Countervailing Duty Investigations of Common Alloy Aluminum Sheet from Bahrain, Brazil, India, and the Republic of Turkey—Petitioners’ Request to Align Final Countervailing Duty Determinations with the Companion Antidumping Duty Final Determinations,’’ dated July 17, 2020. VerDate Sep<11>2014 21:48 Aug 13, 2020 Jkt 250001 analysis, see the Preliminary Decision Memorandum. All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce preliminarily found a de minimis rate for Teknik. Therefore, the only rate that is not zero, de minimis, or based entirely on facts otherwise available is the rate calculated for Assan. Consequently, the rate calculated for Assan is also assigned as the rate for all other producers and exporters. Preliminary Determination Consistent with section 703(b)(4)(A) of the Act, Commerce has disregarded Teknik’s de minimis rate. Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: Subsidy rate (ad valorem) (percent) Company subsidy rate for Teknik is de minimis, Commerce intends to direct CBP not to suspend liquidation of entries of the merchandise produced by Teknik and exported by either Teknik or by TAC Metal. However, entries of subject merchandise in any other producer/ exporter combination, e.g., merchandise produced by a third party and exported by either Teknik or by TAC Metal, are subject to cash deposit requirements at the all-others rate. Section 703(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of: (a) The date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which the notice of initiation of the investigation was published. Commerce preliminarily finds that critical circumstances exist for imports of aluminum sheet from Turkey for Assan. In accordance with section 703(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of subject merchandise from Assan that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice. Disclosure Commerce intends to disclose its 3.15 calculations and analysis performed to 0.07 interested parties in this preliminary 3.15 determination within five days of its public announcement, or if there is no (de minimis). public announcement, within five days Suspension of Liquidation of the date of this notice in accordance with 19 CFR 351.224(b). In accordance with section 703(d)(2) of the Act, Commerce will direct U.S. Verification Customs and Border Protection (CBP) to As provided in section 782(i)(1) of the suspend liquidation of entries of subject Act, Commerce intends to verify the merchandise as described in the scope information relied upon in making its of the investigation entered, or final determination. withdrawn from warehouse, for Public Comment consumption on or after the date of publication of this notice in the Federal All interested parties will have the Register. Further, pursuant to section opportunity to submit case and rebuttal 703(d)(1)(B) of the Act and 19 CFR briefs on the preliminary scope 351.205(d), Commerce will instruct CBP determination. The deadline to submit to require a cash deposit equal to the these comments will be established in rates indicated above. Because the the preliminary scope decision memorandum. Scope rebuttal briefs 11 As discussed in the Preliminary Decision (which are limited to issues raised in Memorandum, Commerce has preliminarily found Kibar Dis Ticaret A.S. (Kibar Dis) and Kibar Holding the scope briefs) may be submitted no later than seven days after the deadline to be cross-owned, pursuant to 19 CFR 351.525(b)(6)(vi), with Assan Aluminyum Sanayi ve for the scope briefs. These deadlines Ticaret A.S. apply to the AD and CVD aluminum 12 Commerce has preliminarily found TAC Metal sheet investigations, regardless of the Ticaret A.S. (TAC Metal) to be cross-owned with deadlines of the preliminary Teknik Aluminyum Sanayi A.S. See the Preliminary Decision Memorandum. determinations in the AD investigations. Assan Aluminyum Sanayi ve Ticaret A.S.11 .................... Teknik Aluminyum Sanayi A.S.12 ................................ All Others .............................. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\14AUN1.SGM 14AUN1 Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Notices For all scope briefs and rebuttals thereto, parties must file identical documents simultaneously on the records of all the ongoing AD and CVD aluminum sheet investigations. No new factual information or business proprietary information may be included in either scope briefs or rebuttal scope briefs. Case briefs or other written comments on non-scope matters may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.13 Commerce has modified certain of its requirements for serving documents containing business proprietary information until further notice.14 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice. 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. If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. khammond on DSKJM1Z7X2PROD with NOTICES International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination. 13 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 14 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). VerDate Sep<11>2014 17:29 Aug 13, 2020 Jkt 250001 Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: August 7, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is common alloy aluminum sheet (common alloy sheet), which is a flatrolled aluminum product having a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or cut-to length, regardless of width. Common alloy sheet within the scope of this investigation includes both not clad aluminum sheet, as well as multi-alloy, clad aluminum sheet. With respect to not clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-, 3XXX-, or 5XXX-series alloy as designated by the Aluminum Association. With respect to multi-alloy, clad aluminum sheet, common alloy sheet is produced from a 3XXX-series core, to which cladding layers are applied to either one or both sides of the core. Common alloy sheet may be made to ASTM specification B209–14 but can also be made to other specifications. Regardless of specification, however, all common alloy sheet meeting the scope description is included in the scope. Subject merchandise includes common alloy sheet that has been further processed in a third country, including but not limited to annealing, tempering, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of this investigation if performed in the country of manufacture of the common alloy sheet. Excluded from the scope of this investigation is aluminum can stock, which is suitable for use in the manufacture of aluminum beverage cans, lids of such cans, or tabs used to open such cans. Aluminum can stock is produced to gauges that range from 0.200 mm to 0.292 mm, and has an H– 19, H–41, H–48, or H–391 temper. In addition, aluminum can stock has a lubricant applied to the flat surfaces of the can stock to facilitate its movement through machines used in the manufacture of beverage cans. Aluminum can stock is properly classified under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set for the above. Common alloy sheet is currently classifiable under HTSUS subheadings 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000, 7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, merchandise that falls within the scope of this investigation may also be entered into PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 49631 the United States under HTSUS subheadings 7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035, 7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025, 7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Preliminary Affirmative Determination of Critical Circumstances, In Part VI. Subsidies Valuation VII. Benchmarks and Interest Rates VIII. Use of Facts Otherwise Available and Application of Adverse Inferences IX. Analysis of Programs X. Conclusion [FR Doc. 2020–17810 Filed 8–13–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–896] Common Alloy Aluminum Sheet From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Duty Determination 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 India. The period of investigation is January 1, 2019 through December 31, 2019. Interested parties are invited to comment on this preliminary determination. DATES: Applicable August 14, 2020. FOR FURTHER INFORMATION CONTACT: Benito Ballesteros 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) 482–7425. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended E:\FR\FM\14AUN1.SGM 14AUN1

Agencies

[Federal Register Volume 85, Number 158 (Friday, August 14, 2020)]
[Notices]
[Pages 49629-49631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17810]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-840]


Common Alloy Aluminum Sheet From The Republic of Turkey: 
Preliminary Affirmative Countervailing Duty Determination, Preliminary 
Affirmative Determination of Critical Circumstances in Part, and 
Alignment of Final Determination With Final Antidumping Duty 
Determination

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 
Republic of Turkey (Turkey). The period of investigation is January 1, 
2019 through December 31, 2019. Interested parties are invited to 
comment on this preliminary determination.

DATES: Applicable August 14, 2020.

FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3586.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on April 7, 
2020.\1\ On May 19, 2020, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
August 7, 2020.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics discussed in the Preliminary 
Decision Memorandum is included as Appendix II 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://enforcement.trade.gov/frn/. The signed 
and electronic versions of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Common Alloy Aluminum Sheet from Bahrain, Brazil, India, 
and the Republic of Turkey: Initiation of Countervailing Duty 
Investigations, 85 FR 19449 (April 7, 2020) (Initiation Notice).
    \2\ See Common Alloy Aluminum Sheet from Bahrain, Brazil, India, 
and the Republic of Turkey: Postponement of Preliminary 
Determinations in the Countervailing Duty Investigations, 85 FR 
29930 (May 19, 2020).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Countervailing Duty Investigation 
of Common Alloy Aluminum Sheet from the Republic of Turkey,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is common alloy aluminum 
sheet from Turkey. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\4\ we 
set aside a period of time, as stated in the Initiation Notice, for 
parties to raise issues regarding product coverage (i.e., scope).\5\ We 
received several comments concerning the scope of the antidumping duty 
(AD) and countervailing duty (CVD) investigations of aluminum sheet as 
it appeared in the Initiation Notice. We are currently evaluating the 
scope comments filed by the interested parties. We intend to issue our 
preliminary decision regarding the scope of the AD and CVD 
investigations in the preliminary determinations of the companion AD 
investigations, the deadline for which is October 6, 2020.\6\ We will 
incorporate the scope decisions from the AD investigations into the 
scope of the final CVD determination for this investigation after 
considering any relevant comments submitted in scope case and rebuttal 
briefs.\7\
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \5\ See Initiation Notice, 85 FR at 19450.
    \6\ See Common Alloy Aluminum Sheet from Bahrain, Brazil, 
Croatia, Egypt, Germany, Greece, India, Indonesia, Italy, Republic 
of Korea, Oman, Romania, Serbia, Slovenia, South Africa, Spain, 
Taiwan, and the Republic of Turkey: Postponement of Preliminary 
Determinations in the Less-Than-Fair-Value Investigations, 85 FR 
45576, 45577 (July 29, 2020).
    \7\ The deadline for interested parties to submit scope case and 
rebuttal briefs will be established in the preliminary scope 
decision memorandum.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines

[[Page 49630]]

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.\8\
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    \8\ 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.
---------------------------------------------------------------------------

    Commerce notes that, in making these findings, it relied, in part, 
on facts available and, because Commerce finds that one or more 
respondents did not act to the best of their ability to respond to 
Commerce's requests for information, Commerce drew an adverse inference 
where appropriate in selecting from among the facts otherwise 
available.\9\ For further information, see ``Use of Facts Otherwise 
Available and Application of Adverse Inferences'' in the Preliminary 
Decision Memorandum.
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    \9\ See sections 776(a) and (b) of the Act.
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Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is 
aligning the final CVD determination in this investigation with the 
final determination in the companion AD investigation of aluminum sheet 
from Turkey based on a request made by the Aluminum Association Common 
Alloy Aluminum Sheet Trade Enforcement Working Group and its individual 
members, Aleris Rolled Products, Inc., Arconic, Inc., Constellium 
Rolled Products Ravenswood, LLC, JW Aluminum Company, Novelis 
Corporation, and Texarkana Aluminum, Inc. (the petitioners).\10\ 
Consequently, the final CVD determination will be issued on the same 
date as the final AD determination, which is currently scheduled to be 
issued no later than December 21, 2020, unless postponed.
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    \10\ See Petitioners' Letter, ``Countervailing Duty 
Investigations of Common Alloy Aluminum Sheet from Bahrain, Brazil, 
India, and the Republic of Turkey--Petitioners' Request to Align 
Final Countervailing Duty Determinations with the Companion 
Antidumping Duty Final Determinations,'' dated July 17, 2020.
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Preliminary Affirmative Determination of Critical Circumstances, in 
Part

    In accordance with section 703(e)(1) of the Act, Commerce 
preliminarily determines that critical circumstances exist with respect 
to imports of aluminum sheet from Turkey for Assan Aluminyum Sanayi ve 
Ticaret A.S. (Assan), but do not exist with respect to Teknik Aluminyum 
Sanayi A.S. (Teknik) or for all other exporters or producers not 
individually examined. For a full description of the methodology and 
results of Commerce's analysis, see the Preliminary Decision 
Memorandum.

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act.
    In this investigation, Commerce preliminarily found a de minimis 
rate for Teknik. Therefore, the only rate that is not zero, de minimis, 
or based entirely on facts otherwise available is the rate calculated 
for Assan. Consequently, the rate calculated for Assan is also assigned 
as the rate for all other producers and exporters.

Preliminary Determination

    Consistent with section 703(b)(4)(A) of the Act, Commerce has 
disregarded Teknik's de minimis rate. Commerce preliminarily determines 
that the following estimated countervailable subsidy rates exist:
---------------------------------------------------------------------------

    \11\ As discussed in the Preliminary Decision Memorandum, 
Commerce has preliminarily found Kibar Dis Ticaret A.S. (Kibar Dis) 
and Kibar Holding to be cross-owned, pursuant to 19 CFR 
351.525(b)(6)(vi), with Assan Aluminyum Sanayi ve Ticaret A.S.
    \12\ Commerce has preliminarily found TAC Metal Ticaret A.S. 
(TAC Metal) to be cross-owned with Teknik Aluminyum Sanayi A.S. See 
the Preliminary Decision Memorandum.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                           (ad valorem)
                                                             (percent)
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S.\11\..............            3.15
Teknik Aluminyum Sanayi A.S.\12\........................            0.07
All Others..............................................            3.15
------------------------------------------------------------------------
(de minimis).

Suspension of Liquidation

    In accordance with section 703(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise as described in the scope of the 
investigation entered, or withdrawn from warehouse, for consumption on 
or after the date of publication of this notice in the Federal 
Register. Further, pursuant to section 703(d)(1)(B) of the Act and 19 
CFR 351.205(d), Commerce will instruct CBP to require a cash deposit 
equal to the rates indicated above. Because the subsidy rate for Teknik 
is de minimis, Commerce intends to direct CBP not to suspend 
liquidation of entries of the merchandise produced by Teknik and 
exported by either Teknik or by TAC Metal. However, entries of subject 
merchandise in any other producer/exporter combination, e.g., 
merchandise produced by a third party and exported by either Teknik or 
by TAC Metal, are subject to cash deposit requirements at the all-
others rate.
    Section 703(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of: (a) 
The date which is 90 days before the date on which the suspension of 
liquidation was first ordered, or (b) the date on which the notice of 
initiation of the investigation was published. Commerce preliminarily 
finds that critical circumstances exist for imports of aluminum sheet 
from Turkey for Assan. In accordance with section 703(e)(2)(A) of the 
Act, the suspension of liquidation shall apply to unliquidated entries 
of subject merchandise from Assan that were entered, or withdrawn from 
warehouse, for consumption on or after the date which is 90 days before 
the publication of this notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    All interested parties will have the opportunity to submit case and 
rebuttal briefs on the preliminary scope determination. The deadline to 
submit these comments will be established in the preliminary scope 
decision memorandum. Scope rebuttal briefs (which are limited to issues 
raised in the scope briefs) may be submitted no later than seven days 
after the deadline for the scope briefs. These deadlines apply to the 
AD and CVD aluminum sheet investigations, regardless of the deadlines 
of the preliminary determinations in the AD investigations.

[[Page 49631]]

For all scope briefs and rebuttals thereto, parties must file identical 
documents simultaneously on the records of all the ongoing AD and CVD 
aluminum sheet investigations. No new factual information or business 
proprietary information may be included in either scope briefs or 
rebuttal scope briefs.
    Case briefs or other written comments on non-scope matters may be 
submitted to the Assistant Secretary for Enforcement and Compliance no 
later than seven days after the date on which the last verification 
report is issued in this investigation. Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than seven days 
after the deadline date for case briefs.\13\ Commerce has modified 
certain of its requirements for serving documents containing business 
proprietary information until further notice.\14\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in this investigation 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.
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    \13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \14\ See 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 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. 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. If a request for a hearing is made, 
Commerce intends to hold the hearing at a date and time to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its determination. If the 
final determination is affirmative, the ITC will determine before the 
later of 120 days after the date of this preliminary determination or 
45 days after the final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: August 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is common alloy 
aluminum sheet (common alloy sheet), which is a flat-rolled aluminum 
product having a thickness of 6.3 mm or less, but greater than 0.2 
mm, in coils or cut-to length, regardless of width. Common alloy 
sheet within the scope of this investigation includes both not clad 
aluminum sheet, as well as multi-alloy, clad aluminum sheet. With 
respect to not clad aluminum sheet, common alloy sheet is 
manufactured from a 1XXX-, 3XXX-, or 5XXX-series alloy as designated 
by the Aluminum Association. With respect to multi-alloy, clad 
aluminum sheet, common alloy sheet is produced from a 3XXX-series 
core, to which cladding layers are applied to either one or both 
sides of the core.
    Common alloy sheet may be made to ASTM specification B209-14 but 
can also be made to other specifications. Regardless of 
specification, however, all common alloy sheet meeting the scope 
description is included in the scope. Subject merchandise includes 
common alloy sheet that has been further processed in a third 
country, including but not limited to annealing, tempering, 
painting, varnishing, trimming, cutting, punching, and/or slitting, 
or any other processing that would not otherwise remove the 
merchandise from the scope of this investigation if performed in the 
country of manufacture of the common alloy sheet.
    Excluded from the scope of this investigation is aluminum can 
stock, which is suitable for use in the manufacture of aluminum 
beverage cans, lids of such cans, or tabs used to open such cans. 
Aluminum can stock is produced to gauges that range from 0.200 mm to 
0.292 mm, and has an H-19, H-41, H-48, or H-391 temper. In addition, 
aluminum can stock has a lubricant applied to the flat surfaces of 
the can stock to facilitate its movement through machines used in 
the manufacture of beverage cans. Aluminum can stock is properly 
classified under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
    Where the nominal and actual measurements vary, a product is 
within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set for the above.
    Common alloy sheet is currently classifiable under HTSUS 
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000, 
7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, 
merchandise that falls within the scope of this investigation may 
also be entered into the United States under HTSUS subheadings 
7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035, 
7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025, 
7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the scope of this investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Preliminary Affirmative Determination of Critical Circumstances, 
In Part
VI. Subsidies Valuation
VII. Benchmarks and Interest Rates
VIII. Use of Facts Otherwise Available and Application of Adverse 
Inferences
IX. Analysis of Programs
X. Conclusion

[FR Doc. 2020-17810 Filed 8-13-20; 8:45 am]
BILLING CODE 3510-DS-P

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