Common Alloy Aluminum Sheet From Greece: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 65374-65377 [2020-22798]
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65374
Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On September 24, 2020, pursuant to
19 CFR 351.210(e), GARMCO requested
that Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.12 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, then
the ITC will determine before the later
of 120 days after the date of this
preliminary determination or 45 days
after the final determination whether
imports of aluminum sheet from
Bahrain are materially injuring, or
threaten material injury to, the U.S.
industry.
jbell on DSKJLSW7X2PROD with NOTICES
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
12 See GARMCO’s Letter, ‘‘Common Alloy
Aluminum Sheet from Bahrain: GARMCO’s Request
to Extend Final Determination,’’ dated September
24, 2020.
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Dated: October 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation
are common alloy 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. 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. The use
of a proprietary alloy or non-proprietary alloy
that is not specifically registered by the
Aluminum Association as a discrete
1XXX-, 3XXX-, or 5XXX-series alloy, but that
otherwise has a chemistry that is consistent
with these designations, does not remove an
otherwise in-scope product from the scope.
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, H–39, 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
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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. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2020–22804 Filed 10–14–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–484–804]
Common Alloy Aluminum Sheet From
Greece: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that common alloy aluminum sheet
(aluminum sheet) from Greece is being,
or is likely to be, sold in the United
States at less than fair value (LTFV). The
period of investigation (POI) is January
1, 2019 through December 31, 2019.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable October 15, 2020.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Samantha Kinney, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1766 or
(202) 482–2285, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
on April 7, 2020.1 On July 29, 2020,
Commerce postponed the preliminary
determination of this investigation, and
the revised deadline is now October 6,
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
included 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 the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are aluminum sheet from
Greece. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
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In accordance with the preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this investigation, and
accompanying discussion and analysis
of all comments timely received, see the
1 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: Initiation of
Less-Than-Fair-Value Investigations, 85 FR 19444
(April 7, 2020) (Initiation Notice).
2 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 (July 29,
2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Common Alloy
Aluminum Sheet from Greece,’’ 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).
5 See Initiation Notice, 85 FR at 19445.
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Preliminary Scope Memorandum.6 As
discussed in the Preliminary Scope
Memorandum, Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the revised scope in
Appendix I to this notice.
The deadline to submit scope case
briefs is established in the Preliminary
Scope Memorandum. There will be no
further opportunity for comments on
scope-related issues.
weighted-average dumping margin for
Elvalhalcor, the only individually
examined exporter/producer in this
investigation. Because the only
individually calculated dumping margin
is not zero, de minimis or based entirely
on facts otherwise available, the
estimated weighted-average dumping
margin calculated for Elvalhalcor is the
margin assigned to all other producers
and exporters, pursuant to section
735(c)(5)(A) of the Act.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices and constructed
export prices in accordance with section
772(a) of the Act. Normal value (NV) is
calculated in accordance with section
773 of the Act. Furthermore, pursuant to
section 776(a) of the Act, Commerce has
preliminarily relied on facts otherwise
available for part of Elval Hellenic
Aluminum Industry S.A.’s
(Elvalhalcor’s) calculations. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
Preliminary Determination
Preliminary Determination of No
Shipments
We preliminarily determine that
Argiropoulos B.A.E.E. (Argiropoulos)
had no shipments of the subject
merchandise to the United States during
the POI.7 Consistent with our practice,
Commerce will complete the
investigation and issue appropriate
instructions to U.S. Customs and Border
Protection (CBP) based on the final
determination.
All-Others Rate
Section 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act. Commerce
calculated an individual estimated
6 See Memorandum, ‘‘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 Turkey: Scope
Comments Decision Memorandum for the
Preliminary Determinations’’ dated October 6, 2020
(Preliminary Scope Memorandum).
7 See Preliminary Decision Memorandum at 5.
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Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter/producer
Elval Hellenic Aluminum Industry
S.A.8 /Elval Colour S.A./
Symetal S.A ............................
All Others ....................................
Estimated
weightedaverage
dumping
margin
(percent)
2.72
2.72
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct CBP to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, 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 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondent listed
above will be equal to the companyspecific estimated weighted-average
dumping margin determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin. These suspension of liquidation
instructions will remain in effect until
further notice.
8 Commerce preliminarily determines that
Elvalhalcor, Elval Colour S.A., and Symetal S.A. are
affiliated and should be treated as a single entity.
See Preliminary Decision Memorandum for further
discussion.
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Verification
Commerce is currently unable to
conduct on-site verification of the
information relied upon in making its
final determination in this investigation.
Accordingly, we intend to take
additional steps in lieu of on-site
verification. Commerce will notify
interested parties of any additional
documentation or information required.
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Public Comment
Case briefs or other written comments
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance.
Interested parties will be notified of the
timeline for the submission of such case
briefs and written comments at a later
date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted
no later than seven days after the
deadline date for case briefs.9 Note that
Commerce has modified certain of its
requirements for serving documents
containing business proprietary
information until further notice.10
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 time and
date to be determined. Parties should
confirm by telephone the date, time, and
9 See 19 CFR 351.309(d); see also 19 CFR 351.303
(for general filing requirements).
10 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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location of the hearing two days before
the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On September 11, 2020, pursuant to
19 CFR 351.210(e), Elvalhalcor
requested that Commerce postpone the
final determination and that provisional
measures be extended to a period not to
exceed six months.11 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its affirmative preliminary
determination. If the final determination
is affirmative, then the ITC will
determine before the later of 120 days
after the date of this preliminary
determination or 45 days after the final
determination whether these imports
are materially injuring, or threaten
material injury to, the U.S. industry.
11 See Elvalhalcor’s Letter, ‘‘Antidumping
Investigation of Common Alloy Aluminum Sheet
from Greece—Request for Postponement of Final
Determination and Provisional Measures Period,’’
dated September 11, 2020.
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Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: October 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation
are common alloy 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. 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. The use
of a proprietary alloy or non-proprietary alloy
that is not specifically registered by the
Aluminum Association as a discrete
1XXX-, 3XXX-, or 5XXX-series alloy, but that
otherwise has a chemistry that is consistent
with these designations, does not remove an
otherwise in-scope product from the scope.
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, H–39, 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.
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Federal Register / Vol. 85, No. 200 / Thursday, October 15, 2020 / Notices
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. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Preliminary Determination of No
Shipments
VII. Affiliation and Collapsing
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2020–22798 Filed 10–14–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–895]
Common Alloy Aluminum Sheet From
India: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that common alloy aluminum sheet
(aluminum sheet) from India is being, or
is likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation is January 1,
2019 through December 31, 2019.
Interested parties are invited to
comment on this preliminary
determination.
DATES: Applicable October 15, 2020.
FOR FURTHER INFORMATION CONTACT:
Jasun Moy or Nicolas Mayora, 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) 482–8194 or (202) 482–3053,
respectively.
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AGENCY:
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SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(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 July 29, 2020,
Commerce postponed the preliminary
determination of this investigation, and
the revised deadline is now October 6,
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
included 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 the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are aluminum sheet from
India. 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 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
1 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: Initiation of
Less-Than-Fair-Value Investigations, 85 FR 19444
(April 7, 2020) (Initiation Notice).
2 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 (July 29,
2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Common Alloy
Aluminum Sheet from India,’’ 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).
5 See Initiation Notice.
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65377
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this investigation, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.6 As discussed in the
Preliminary Scope Decision
Memorandum, Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the revised scope in
Appendix I to this notice.
The deadline to submit scope case
briefs is established in the Preliminary
Scope Decision Memorandum. There
will be no further opportunity for
comments on scope-related issues.7
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Normal
value is calculated in accordance with
section 773 of the Act. Furthermore,
pursuant to sections 776(a) and (b) of
the Act, Commerce has preliminarily
relied on partial facts otherwise
available, with adverse inferences, for
Hindalco Industries Limited (Hindalco).
For a full description of the
methodology underlying the
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Section 733(d)(1)(A)(ii) of the Act
provides that in the preliminary
determination Commerce shall
determine an estimated all-others rate
for all exporters and producers not
individually examined. Pursuant to
section 735(c)(5)(A) of the Act, this rate
shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
6 See Memorandum, ‘‘Antidumping and
Countervailing Duty Investigations of 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 Turkey:
Scope Comments Decision Memorandum for the
Preliminary Determinations,’’ dated October 6, 2020
(Preliminary Scope Decision Memorandum).
7 Case briefs, other written comments, and
rebuttal briefs submitted in response to this
preliminary LTFV determination should not
include scope-related issues. See Preliminary Scope
Decision Memorandum at 4; and the ‘‘Public
Comment’’ section of this notice.
E:\FR\FM\15OCN1.SGM
15OCN1
]]>Agencies
[Federal Register Volume 85, Number 200 (Thursday, October 15, 2020)]
[Notices]
[Pages 65374-65377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22798]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-484-804]
Common Alloy Aluminum Sheet From Greece: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that common alloy aluminum sheet (aluminum sheet) from Greece is being,
or is likely to be, sold in the United States at less than fair value
(LTFV). The period of investigation (POI) is January 1, 2019 through
December 31, 2019. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable October 15, 2020.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Samantha Kinney, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1766 or (202)
482-2285, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation
[[Page 65375]]
on April 7, 2020.\1\ On July 29, 2020, Commerce postponed the
preliminary determination of this investigation, and the revised
deadline is now October 6, 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 included 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 the electronic versions of the Preliminary Decision Memorandum are
identical in content.
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\1\ 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: Initiation of Less-Than-Fair-
Value Investigations, 85 FR 19444 (April 7, 2020) (Initiation
Notice).
\2\ 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 (July 29, 2020).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Common
Alloy Aluminum Sheet from Greece,'' dated concurrently with, and
hereby adopted by this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are aluminum sheet from
Greece. 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\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this investigation,
and accompanying discussion and analysis of all comments timely
received, see the Preliminary Scope Memorandum.\6\ As discussed in the
Preliminary Scope Memorandum, Commerce is preliminarily modifying the
scope language as it appeared in the Initiation Notice. See the revised
scope in Appendix I to this notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 85 FR at 19445.
\6\ See Memorandum, ``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 Turkey: Scope Comments Decision Memorandum for
the Preliminary Determinations'' dated October 6, 2020 (Preliminary
Scope Memorandum).
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The deadline to submit scope case briefs is established in the
Preliminary Scope Memorandum. There will be no further opportunity for
comments on scope-related issues.
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices and
constructed export prices in accordance with section 772(a) of the Act.
Normal value (NV) is calculated in accordance with section 773 of the
Act. Furthermore, pursuant to section 776(a) of the Act, Commerce has
preliminarily relied on facts otherwise available for part of Elval
Hellenic Aluminum Industry S.A.'s (Elvalhalcor's) calculations. For a
full description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
Preliminary Determination of No Shipments
We preliminarily determine that Argiropoulos B.A.E.E.
(Argiropoulos) had no shipments of the subject merchandise to the
United States during the POI.\7\ Consistent with our practice, Commerce
will complete the investigation and issue appropriate instructions to
U.S. Customs and Border Protection (CBP) based on the final
determination.
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\7\ See Preliminary Decision Memorandum at 5.
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All-Others Rate
Section 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act. Commerce calculated an individual estimated
weighted-average dumping margin for Elvalhalcor, the only individually
examined exporter/producer in this investigation. Because the only
individually calculated dumping margin is not zero, de minimis or based
entirely on facts otherwise available, the estimated weighted-average
dumping margin calculated for Elvalhalcor is the margin assigned to all
other producers and exporters, pursuant to section 735(c)(5)(A) of the
Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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\8\ Commerce preliminarily determines that Elvalhalcor, Elval
Colour S.A., and Symetal S.A. are affiliated and should be treated
as a single entity. See Preliminary Decision Memorandum for further
discussion.
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Elval Hellenic Aluminum Industry S.A.\8\ /Elval Colour S.A./ 2.72
Symetal S.A................................................
All Others.................................................. 2.72
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct CBP to suspend liquidation of entries of subject merchandise, as
described in Appendix I, 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 733(d)(1)(B) of the Act
and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit equal to the estimated weighted-average dumping margin or the
estimated all-others rate, as follows: (1) The cash deposit rate for
the respondent listed above will be equal to the company-specific
estimated weighted-average dumping margin determined in this
preliminary determination; (2) if the exporter is not a respondent
identified above, but the producer is, then the cash deposit rate will
be equal to the company-specific estimated weighted-average dumping
margin established for that producer of the subject merchandise; and
(3) the cash deposit rate for all other producers and exporters will be
equal to the all-others estimated weighted-average dumping margin.
These suspension of liquidation instructions will remain in effect
until further notice.
[[Page 65376]]
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
Commerce is currently unable to conduct on-site verification of the
information relied upon in making its final determination in this
investigation. Accordingly, we intend to take additional steps in lieu
of on-site verification. Commerce will notify interested parties of any
additional documentation or information required.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance.
Interested parties will be notified of the timeline for the submission
of such case briefs and written comments at a later date. Rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than seven days after the deadline date for case briefs.\9\ Note
that Commerce has modified certain of its requirements for serving
documents containing business proprietary information until further
notice.\10\ 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.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general
filing requirements).
\10\ 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 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.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On September 11, 2020, pursuant to 19 CFR 351.210(e), Elvalhalcor
requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\11\ In accordance with section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination, pursuant to section
735(a)(2) of the Act.
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\11\ See Elvalhalcor's Letter, ``Antidumping Investigation of
Common Alloy Aluminum Sheet from Greece--Request for Postponement of
Final Determination and Provisional Measures Period,'' dated
September 11, 2020.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its affirmative preliminary
determination. If the final determination is affirmative, then the ITC
will determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: October 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation are common alloy
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. 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.
The use of a proprietary alloy or non-proprietary alloy that is not
specifically registered by the Aluminum Association as a discrete
1XXX-, 3XXX-, or 5XXX-series alloy, but that otherwise has a
chemistry that is consistent with these designations, does not
remove an otherwise in-scope product from the scope.
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, H-39, 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.
[[Page 65377]]
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. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Preliminary Determination of No Shipments
VII. Affiliation and Collapsing
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2020-22798 Filed 10-14-20; 8:45 am]
BILLING CODE 3510-DS-P
