Common Alloy Aluminum Sheet From Bahrain: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 49636-49638 [2020-17835]
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49636
Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Notices
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 aluminum 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 Start Printed Page 2159
movement through machines used in the
manufacture of beverage cans. Aluminum
can stock is properly classified under 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.
Aluminum sheet is currently classifiable
under HTSUS subheadings 7606.11.3060,
7606.1l 6000, 7606.12.3096, 7606.12.6000,
7606.91.3095, 7606.9.6095, 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. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Analysis of Programs
IX. Calculation of All-Others Rate
X. Conclusion
[FR Doc. 2020–17845 Filed 8–13–20; 8:45 am]
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BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–525–002]
Common Alloy Aluminum Sheet From
Bahrain: Preliminary Affirmative
Countervailing Duty 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 Bahrain. The
period of investigation is January 1,
2019 to December 31, 2019. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable August 14, 2020.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0410.
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
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
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:
Countervailing Duty Investigation of Common Alloy
Aluminum Sheet from Bahrain,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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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 aluminum sheet from
Bahrain. 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
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
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.
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Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Notices
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
gives rise to a benefit to the recipient,
and that the subsidy is specific.8
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
Bahrain 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. (collectively, the petitioners).9
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.
All-Others Rate
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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
calculated an individual estimated
countervailable subsidy rate for Gulf
Aluminium Rolling Mill B.S.C.
(GARMCO), the only individually
examined exporter/producer in this
investigation. Because the only
individually calculated rate is not zero,
de minimis, or based entirely on facts
otherwise available, the estimated
subsidy rate calculated for GARMCO is
the rate assigned to all other producers
and exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
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 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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49637
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
Subsidy rate the last verification report is issued in
Company
(percent)
this investigation. Rebuttal briefs,
limited to issues raised in case briefs,
Gulf Aluminium Rolling Mill
B.S.C .....................................
9.49 may be submitted no later than seven
All Others ..................................
9.49 days after the deadline date for case
briefs.10 Commerce has modified certain
of its requirements for serving
Suspension of Liquidation
documents containing business
In accordance with section
proprietary information until further
703(d)(1)(B) and (d)(2) of the Act,
11
Commerce will direct U.S. Customs and notice. Pursuant to 19 CFR
351.309(c)(2)
and (d)(2), parties who
Border Protection (CBP) to suspend
submit case briefs or rebuttal briefs in
liquidation of entries of subject
this investigation are encouraged to
merchandise as described in the scope
submit with each argument: (1) A
of the investigation section entered, or
withdrawn from warehouse, for
statement of the issue; (2) a brief
consumption on or after the date of
summary of the argument; and (3) a
publication of this notice in the Federal table of authorities.
Register. Further, pursuant to 19 CFR
Pursuant to 19 CFR 351.310(c),
351.205(d), Commerce will instruct CBP interested parties who wish to request a
to require a cash deposit equal to the
hearing, limited to issues raised in the
rates indicated above.
case and rebuttal briefs, must submit a
Disclosure
written request to the Assistant
Secretary for Enforcement and
Commerce intends to disclose its
Compliance, U.S. Department of
calculations and analysis performed to
Commerce within 30 days after the date
interested parties in this preliminary
of publication of this notice. Requests
determination within five days of its
should contain the party’s name,
public announcement, or if there is no
public announcement, within five days
address, and telephone number, the
of the date of this notice in accordance
number of participants, whether any
with 19 CFR 351.224(b).
participant is a foreign national, and a
list of the issues to be discussed. If a
Verification
request for a hearing is made, Commerce
As provided in section 782(i)(1) of the intends to hold the hearing at a date and
Act, Commerce intends to verify the
time to be determined. Parties should
information relied upon in making its
confirm by telephone the date, time, and
final determination.
location of the hearing two days before
Public Comment
the scheduled date.
All interested parties will have the
International Trade Commission
opportunity to submit case and rebuttal
Notification
briefs on the preliminary scope
determination. The deadline to submit
In accordance with section 703(f) of
these comments will be established in
the Act, Commerce will notify the
the preliminary scope decision
International Trade Commission (ITC) of
memorandum. Scope rebuttal briefs
its determination. If the final
(which are limited to issues raised in
determination is affirmative, the ITC
the scope briefs) may be submitted no
will determine before the later of 120
later than seven days after the deadline
days after the date of this preliminary
for the scope briefs. These deadlines
determination or 45 days after the final
apply to the AD and CVD aluminum
determination.
sheet investigations, regardless of the
Notification to Interested Parties
deadlines of the preliminary
determinations in the AD investigations.
This determination is issued and
For all scope briefs and rebuttals
published
pursuant to sections 703(f)
thereto, parties must file identical
and 777(i) of the Act and 19 CFR
documents simultaneously on the
351.205(c).
records of all the ongoing AD and CVD
aluminum sheet investigations. No new
10 See 19 CFR 351.309; see also 19 CFR 351.303
factual information or business
(for general filing requirements).
proprietary information may be
11 See Temporary Rule Modifying AD/CVD
included in either scope briefs or
Service Requirements Due to COVID–19; Extension
rebuttal scope briefs.
of Effective Period, 85 FR 41363 (July 10, 2020).
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49638
Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Notices
description of the scope of this investigation
is dispositive.
Dated: August 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix II
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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
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
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List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Conclusion
[FR Doc. 2020–17835 Filed 8–13–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA358]
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public online meeting.
AGENCY:
The Pacific Fishery
Management Council’s (Pacific Council)
Budget Committee will hold a meeting
to consider budget issues as outlined in
the Budget Committee agenda for the
September 2020 Council Meeting.
DATES: The online meeting will be held
Wednesday, September 2, 2020, at 10
a.m. Pacific Daylight Time.
ADDRESSES: This meeting will be held
online. To attend the meeting, you may
join the meeting by going to the
RingCentral website: https://
meetings.ringcentral.com/join. The
Meeting ID, directions on how to join
the meeting, and system requirements
will be provided in the meeting
announcement on the Pacific Council’s
website (see www.pcouncil.org). You
may send an email to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov) or contact him at (503) 820–
2412 for technical assistance.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220–1384.
FOR FURTHER INFORMATION CONTACT:
Patricia Crouse, Administrative Officer,
Pacific Council; telephone: (503) 820–
2408.
Pacific Council meeting, particularly the
Fiscal Matters agenda item.
Although non-emergency issues not
contained in the meeting agenda may be
discussed, those issues may not be the
subject of formal action during this
meeting. Action will be restricted to
those issues specifically listed in this
document and any issues arising after
publication of this document that
require emergency action under section
305(c) of the Magnuson-Stevens Fishery
Conservation and Management Act,
provided the public has been notified of
the intent to take final action to address
the emergency.
Special Accommodations
Requests for sign language
interpretation or other auxiliary aids
should be directed to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov; (503) 820–2412) at least 10
days prior to the meeting date.
Authority: 16 U.S.C 1801 et seq.
Dated: August 11, 2020.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–17868 Filed 8–13–20; 8:45 am]
BILLING CODE 3510–22–P
SUMMARY:
The
purpose of this meeting is to consider
and develop recommendations to the
Pacific Council for the September 2020
SUPPLEMENTARY INFORMATION:
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA374]
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The Groundfish
Subcommittee of the Pacific Fishery
Management Council’s (Pacific
Council’s) Scientific and Statistical
Committee (SSC) will hold an online
meeting to plan a later methodology
review of elasmobranch harvest control
rules and management reference points.
The meeting is open to the public.
DATES: The SSC Groundfish
Subcommittee online meeting will be
held Wednesday, September 2, 2020
and will begin at 1:30 p.m. and continue
until 3:30 p.m. Pacific Daylight Time or
until business for the day has been
completed.
ADDRESSES: The SSC’s Groundfish
Subcommittee meeting will be held
online. Specific meeting information,
including directions on how to join the
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 158 (Friday, August 14, 2020)]
[Notices]
[Pages 49636-49638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17835]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-525-002]
Common Alloy Aluminum Sheet From Bahrain: Preliminary Affirmative
Countervailing Duty Determination, 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 Bahrain.
The period of investigation is January 1, 2019 to December 31, 2019.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable August 14, 2020.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0410.
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: Countervailing Duty Investigation of
Common Alloy Aluminum Sheet from Bahrain,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is aluminum sheet from
Bahrain. 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\
---------------------------------------------------------------------------
\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 that there is a
subsidy, i.e., a financial contribution by an ``authority'' that
[[Page 49637]]
gives rise to a benefit to the recipient, and that the subsidy is
specific.\8\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 Bahrain 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. (collectively, the
petitioners).\9\ 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.
---------------------------------------------------------------------------
\9\ 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.
---------------------------------------------------------------------------
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 calculated an individual estimated
countervailable subsidy rate for Gulf Aluminium Rolling Mill B.S.C.
(GARMCO), the only individually examined exporter/producer in this
investigation. Because the only individually calculated rate is not
zero, de minimis, or based entirely on facts otherwise available, the
estimated subsidy rate calculated for GARMCO is the rate assigned to
all other producers and exporters, pursuant to section 705(c)(5)(A)(i)
of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Gulf Aluminium Rolling Mill B.S.C.......................... 9.49
All Others................................................. 9.49
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (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 section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
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. 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.\10\ Commerce has modified
certain of its requirements for serving documents containing business
proprietary information until further notice.\11\ 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.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
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).
[[Page 49638]]
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. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Analysis of Programs
VIII. Conclusion
[FR Doc. 2020-17835 Filed 8-13-20; 8:45 am]
BILLING CODE 3510-DS-P
