Common Alloy Aluminum Sheet From Brazil: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 49634-49636 [2020-17845]

Download as PDF 49634 Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Notices 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 Circumstance, In Part VI. Subsidies Valuation VII. Benchmarks and Discount Rates VIII. Use of Facts Otherwise Available and Adverse Inferences IX. Analysis of Programs X. Conclusion [FR Doc. 2020–17809 Filed 8–13–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–351–855] Common Alloy Aluminum Sheet From Brazil: 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 Brazil for the period of investigation 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: Jonathan Hall-Eastman, Samuel Brummitt, or Benjamin Smith, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1468; (202) 482–7851; or (202) 482–2181 respectively. SUPPLEMENTARY INFORMATION: AGENCY: khammond on DSKJM1Z7X2PROD with NOTICES 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 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). VerDate Sep<11>2014 17:29 Aug 13, 2020 Jkt 250001 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. Scope of the Investigation The product covered by this investigation is aluminum sheet from Brazil. For a complete description of the scope of this investigation, see Appendix I. 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 gives rise to a benefit to the recipient, and that the subsidy is specific.8 In making these findings, Commerce relied, in part, on facts available. For further information, see ‘‘Use of Facts Otherwise Available and 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 common alloy aluminum sheet from Brazil 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 for no later than December 21, 2020, unless postponed. 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 All-Others Rate deadline for which is October 6, 2020.6 Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary 2 See Common Alloy Aluminum Sheet from determination, Commerce shall 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 Brazil,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 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 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 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. 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. E:\FR\FM\14AUN1.SGM 14AUN1 Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Notices 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 Novelis do Brasil Ltda. (Novelis). Therefore, the only rate that is not zero, de minimis or based entirely on facts otherwise available is the rate calculated for Companhia Brasileira de Alumı´nio (CBA). Consequently, the rate calculated for CBA is also assigned as the rate for all other producers and exporters. 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 khammond on DSKJM1Z7X2PROD with NOTICES 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 Preliminary Determination memorandum. Scope rebuttal briefs Commerce preliminarily determines (which are limited to issues raised in that the following estimated the scope briefs) may be submitted no countervailable subsidy rates exist: later than seven days after the deadline for the scope briefs. These deadlines Subsidy rate apply to the AD and CVD aluminum Company ad valorem sheet investigations, regardless of the (percent) deadlines of the preliminary Companhia Brasileira de determinations in the AD investigations. Alumı´nio (CBA) 10 .............. 1.32 For all scope briefs and rebuttals Novelis do Brasil Ltda. thereto, parties must file identical (Novelis) 11 ........................ 0.76 documents simultaneously on the All Others .............................. 1.32 records of all the ongoing AD and CVD (de minimis). aluminum sheet investigations. No new factual information or business Suspension of Liquidation proprietary information may be In accordance with section included in either scope briefs or 703(d)(1)(B) and (d)(2) of the Act, rebuttal scope briefs. Commerce will direct U.S. Customs and Case briefs or other written comments Border Protection (CBP) to suspend on non-scope matters may be submitted liquidation of entries of subject to the Assistant Secretary for merchandise as described in the scope Enforcement and Compliance no later of the investigation section entered, or than seven days after the date on which withdrawn from warehouse, for the last verification report is issued in consumption on or after the date of this investigation. Rebuttal briefs, publication of this notice in the Federal limited to issues raised in case briefs, Register. Further, pursuant to 19 CFR may be submitted no later than seven 351.205(d), Commerce will instruct CBP days after the deadline date for case to require a cash deposit equal to the briefs.12 Commerce has modified certain rates indicated above. Because the of its requirements for serving subsidy rate for Novelis Brasil is de documents containing business minimis, Commerce is directing CBP not proprietary information until further to suspend liquidation of entries of the notice.13 Pursuant to 19 CFR merchandise produced and exported by 351.309(c)(2) and (d)(2), parties who Novelis Brasil. submit case briefs or rebuttal briefs in this investigation are encouraged to Disclosure submit with each argument: (1) A Commerce intends to disclose its statement of the issue; (2) a brief calculations and analysis performed to summary of the argument; and (3) a table of authorities. 10 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with CBA: Votorantim S.A. and its holding company; Votorantim Comercializadora de Energia Ltda.; CBA Machadinho Gerac ¸a˜o de Energia Ltda.; and CBA Energia Participac ¸o˜es S.A. 11 As discussed in the Preliminary Decision Memorandum, Commerce has found the following company to be cross-owned with Novelis: Novelis Inc. VerDate Sep<11>2014 17:29 Aug 13, 2020 Jkt 250001 12 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020) (Temporary Rule). 13 See Temporary Rule; see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 49635 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 time and date 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 aluminum common alloy sheet (aluminum 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. Aluminum 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, aluminum 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, aluminum sheet is produced from a 3XXX-series core, to which cladding layers are applied to either one or both sides of the core. Aluminum sheet may be made to ASTM specification B209–14—but can also be made to other specifications. Regardless of specification, however, all aluminum sheet meeting the scope description is included in the scope. Subject merchandise includes aluminum sheet that has been further processed in a third country, including but E:\FR\FM\14AUN1.SGM 14AUN1 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] khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:29 Aug 13, 2020 Jkt 250001 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). PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 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. E:\FR\FM\14AUN1.SGM 14AUN1

Agencies

[Federal Register Volume 85, Number 158 (Friday, August 14, 2020)]
[Notices]
[Pages 49634-49636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17845]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-351-855]


Common Alloy Aluminum Sheet From Brazil: 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 Brazil 
for the period of investigation 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: Jonathan Hall-Eastman, Samuel 
Brummitt, or Benjamin Smith, AD/CVD Operations, Office III, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-1468; (202) 482-7851; or (202) 482-2181 respectively.

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 Brazil,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Investigation

    The product covered by this investigation is aluminum sheet from 
Brazil. 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.
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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 gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\8\ In making these findings, Commerce relied, in part, on 
facts available. For further information, see ``Use of Facts Otherwise 
Available and Adverse Inferences'' in the Preliminary Decision 
Memorandum.
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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.
---------------------------------------------------------------------------

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 common alloy 
aluminum sheet from Brazil 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 for no later than December 21, 2020, unless 
postponed.
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    \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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All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, Commerce shall

[[Page 49635]]

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 Novelis do Brasil Ltda. (Novelis). Therefore, the only rate 
that is not zero, de minimis or based entirely on facts otherwise 
available is the rate calculated for Companhia Brasileira de 
Alum[iacute]nio (CBA). Consequently, the rate calculated for CBA is 
also assigned as the rate for all other producers and exporters.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            ad valorem
                                                             (percent)
------------------------------------------------------------------------
Companhia Brasileira de Alum[iacute]nio (CBA) \10\......            1.32
Novelis do Brasil Ltda. (Novelis) \11\..................            0.76
All Others..............................................            1.32
------------------------------------------------------------------------
(de minimis).

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. Because the subsidy rate for Novelis Brasil is de 
minimis, Commerce is directing CBP not to suspend liquidation of 
entries of the merchandise produced and exported by Novelis Brasil.
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    \10\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
CBA: Votorantim S.A. and its holding company; Votorantim 
Comercializadora de Energia Ltda.; CBA Machadinho 
Gera[ccedil][atilde]o de Energia Ltda.; and CBA Energia 
Participa[ccedil][otilde]es S.A.
    \11\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following company to be cross-owned with 
Novelis: Novelis Inc.
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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.\12\ Commerce has modified 
certain of its requirements for serving documents containing business 
proprietary information until further notice.\13\ 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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    \12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements); and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020) 
(Temporary Rule).
    \13\ See Temporary Rule; see also 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 time and date 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 aluminum common 
alloy sheet (aluminum 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. Aluminum 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, aluminum 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, aluminum sheet is produced from a 3XXX-series core, to which 
cladding layers are applied to either one or both sides of the core.
    Aluminum sheet may be made to ASTM specification B209-14--but 
can also be made to other specifications. Regardless of 
specification, however, all aluminum sheet meeting the scope 
description is included in the scope. Subject merchandise includes 
aluminum sheet that has been further processed in a third country, 
including but

[[Page 49636]]

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]
BILLING CODE 3510-DS-P

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